HomeMy WebLinkAboutCouncil Actions 02-17-09
PRICE
38356-021709
ROANOKE CITY COUNCIL
REGULAR SESSION
FEBRUARY 17, 2009
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order--RolI Call. All Present.
The Invocation was delivered by Rabbi Fabian Werbin, Beth Israel Synagogue.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor David A. Bowers.
Welcome. Mayor Bowers.
NOTICE:
Meetings of Roanoke City Council are televised live on RVTV Channe/3. Today's
Council meeting will be replayed on Channel 3 on Thursday, February 19 at 7:00 p.m.,
and Saturday, February 21 at 4:00 p.m. Council meetings are offered with closed
captioning for the hearing impaired.
1
ANNOUNCEMENTS:
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCil RECEIVE THE CITY COUNCil
AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND
RESOLUTIONS, ETC., ON THE THURSDAY 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.
NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT.
SPECIAL ASSISTANCE IS AVAilABLE FOR DISABLED PERSONS ADDRESSING CITY
COUNCIL. EFFORTS Will BE MADE TO PROVIDE ADAPTATIONS OR
ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF QUALIFIED INDIVIDUALS
WITH DISABILITIES, PROVIDED THAT REASONABLE ADVANCE NOTIFICATION HAS
BEEN RECEIVED BY THE CITY CLERK'S OFFICE.
All PERSONS WISHING TO ADDRESS COUNCil Will BE REQUIRED TO CAll THE
CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCil MEETING, OR REGISTER
WITH THE STAFF ASSISTANT AT THE ENTRANCE TO THE COUNCil CHAMBER PRIOR
TO COMMENCEMENT OF THE COUNCil MEETING. ONCE THE COUNCil MEETING
HAS CONVENED, THERE Will BE NO FURTHER REGISTRATION OF SPEAKERS,
EXCEPT FOR PUBLIC HEARING MATTERS. ON THE SAME AGENDA ITEM, ONE TO
FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH; HOWEVER, IF THERE
ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER Will BE AllOTTED THREE
MINUTES.
ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCil APPOINTED
AUTHORITY, BOARD, COMMISSION OR COMMITTEE 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
2. PRESENTATIONS AND ACKNOWLEDGEMENTS:
The Mayor recognized students from CITY Schools.
A Resolution paying tribute to the Honorable Alvin L. Nash, Council Member.
Adopted Ordinance No. 38356-021709. (6-0)
Presentation of a Certificate of Compliance. Dean Gall, Regional Director, Virginia
Department of Conservation and Recreation, Division of Soil and Water Conservation,
Clarksville Regional Office.
Certificate was presented to members of the City Planning Department.
3. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD.
MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED
IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL.
Chris Craft, 1501 East Gate Avenue, N. E.
Duane Howard, P. O. Box 8111, Roanoke
Estelle McCadden, 2128 Mercer Avenue, N. W.
Helen Davis, 35 Patton Avenue, N. E.
Evelyn Bethel, 35 Patton Avenue, N. E.
Robert Gravely 3360 Hershberger Road, N. W.
4.
CONSENT AGENDA
(APPROVED 7-0)
ALL MATTERS 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. One request from the Mayor for a
Closed Meeting.
C-1 Minutes of the regular meeting of Council held on Monday, October 23,2008;
RECOMMENDED ACTION: Dispensed with the reading of the minutes and
approved as recorded.
C-2 A communication from Mayor David A. Bowers requesting that Council convene
in a Closed Meeting to discuss the appointment of an interim Council Member,
pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
3
C-3 A communication from Council Member Alvin L. Nash tendering his resignation
as a member of Roanoke City Council, effective February 28,2009.
RECOMMENDED ACTION: Accepted the resignation and received and filed
the communication.
C-4 A communication from the City Clerk advising of the resignation of Michael L.
Ramsey as a member of the Roanoke Public Library Board, effective immediately.
RECOMMENDED ACTION: Accepted the resignation and received and filed
the communication.
C-5 Reports of qualification of William A. West as a member of the Youth Services
Citizen Board for a term ending May 31,2011; and Carl H. Kopitzke as a member of
the Parks and Recreation Advisory Board for a three-year term ending March 31, 2012.
RECOMMENDED ACTION: Received and filed.
REGULAR AGENDA
5. PUBLIC HEARINGS: NONE.
6. PETITIONS AND COMMUNICATIONS:
a. Request to share ideas with regard to the Roanoke Urban Effect Design
Competition. Nicole G. Hall and Ben McCreary, Architectural Designers,
ClarkNexsen, Spokespersons. (Sponsored by Council Members Mason and
Trinkle)
Received and filed.
7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY
MANAGER:
a. CITY MANAGER:
BRIEFINGS:
· Status Report: Affirmative Action and Diversity Initiatives for Calendar
Year 2008.
Received and filed.
· Airport Commission preferred treatment of Thirlane Road
(Briefing was held in the Council's Conference Room. Council
instructed the City Manager to meet with the business owners in
the area to receive input and report findings to the Council.)
4
ITEMS RECOMMENDED FOR ACTION:
1 . Acceptance of the Bill and Melinda Gates Foundation Opportunity
Hardware Grant, Phase I; and appropriation of funds.
Adopted Resolution No. 38357-021709 and Budget Ordinance No.
38358-021709. (7-0)
2. Acceptance of the "Virginia Services, Training, Officers, Prosecution
Violence Against Women" (V-STOP) Grant; and appropriation of funds.
Adopted Resolution No. 38359-021709 and Budget Ordinance No.
38360-021709. (7-0)
3. Acceptance of the Virginia Sexual and Domestic Violence Victim Fund
Grant; and appropriation of funds.
Adopted Resolution No. 38361-021709 and Budget Ordinance No.
38362-021709. (7-0)
4. Acceptance of reimbursement funds from Emergency Management
Assistance Compact in connection with the Hurricane Gustav and
Hurricane Ike Deployments.
WITHDRAWN.
5. Authorization for waiver of the City's sovereign immunity and execution
of an agreement with CBL & Associates Management, Inc., in
connection with the Citizens Appreciation Day activities on April 18,
2009.
Adopted Resolution No. 38363-021709. (7;'0)
COMMENTS FROM THE CITY MANAGER:
Announced Citizen Appreciation Day at Valley View Mall on Saturday,
April 18, 2009.
Announced community input meetings on the development of the budget
for fiscal year 2010-2011 scheduled to be held on Tuesday, March 3 at
6:30 p.m., Virginia Western Community College; and Tuesday, March 12 at
6:30 p.m., Roanoke Civic Center. Seeking citizen input through a survey
either by hardcopy or online at City website.
5
b. DIRECTOR OF FINANCE:
1. Financial report for the month of December 2008.
Discussion about the City and School's budgets. The majority of
the Council agreed that the figure to strive towards to be given to
the Schools is $3 million.
Report was received and filed.
8. REPORTS OF COMMITTEES:
a. A report of the Roanoke City School Board requesting appropriation of funds for
the Project Graduation Academic Year Academy and Mentor Teacher
Programs for Hard-to-Staff Schools; and a report of the Director of Finance
recommending that Council concur in the request. Vivian Penn-Timity, Director
of Accounting, Spokesperson.
Adopted Budget Ordinance No. 38364-021709. (7-0)
9. UNFINISHED BUSINESS: NONE.
10. INTRODUCTION AND CONSIDERATION OF ORDINANCES
AND RESOLUTIONS: NONE.
11. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and/or comments by the Mayor and Members of City Council.
Council Member Nash expressed appreciation to the Council and citizens
of the City of Roanoke for his service as a member of the Roanoke City
Council.
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council. None.
AT 4:15 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESSED AND
RECONVENED IN THE COUNCIL'S CONFERENCE ROOM FOR A BRIEFING ON
THE AIRPORT COMMISSION PREFERRED TREATMENT OF THIRLANE ROAD.
TO BE RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM
450, NOEL C. TAYLOR MUNICIPAL BUILDING.
AT 5:55 P.M., THE COUNCIL MEETING RECONVENED IN THE COUNCIL
CHAMBER, AND THEREAFTER RECESSED UNTIL 7:00 P.M.
CERTIFICATION OF CLOSED MEETING. (7-0)
6
ROANOKE CITY COUNCIL
REGULAR SESSION
FEBRUARY 17, 2009
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order--RolI Call. All Present.
The Invocation was delivered by Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Bowers.
Welcome. Mayor Bowers.
NOTICE:
Meetings of Roanoke City Council are televised live on RVTV Channel 3. Tonight's
Council meeting will be replayed on Channel 3 on Thursday, February 19 at 7:00 p.m.,
and Saturday, February 21 at 4:00 p.m. Council meetings are offered with closed
captioning for the hearing impaired.
The Mayor recognized high school students from Patrick Henry.
7
A. PUBLIC HEARINGS:
1. Request of John M. Oakey, Inc., to rezone property located at 5416 Airport
Road, N. W., from MX, Mixed Use District, to CG, Commercial General District,
subject to certain proffered conditions. James Douthat, Esquire, Spokesperson.
Adopted Ordinance No. 38365-021709. (7-0)
2. Request of Harrison Omarde and Ann Wilder to rezone the easterly 1.64 acre
portion of property located at 1217 Peters Creek Road, N. W., from R-7,
Residential Single Family District, to RMF, Residential Multifamily District,
subject to a certain proffered condition. Jerome D. Henschel, Spokesperson.
Adopted Ordinance No. 38366-021709. (6-1, Council Member Rosen voting
no.)
3. Proposal of the City of Roanoke with regard to lease renewals of various
spaces in the City Market Building, to be used as food court businesses, on a
month-to-month basis, not to exceed 12 months, respectively. Darlene L.
Burcham, City Manager.
a. Louis and Anita Wilson d/b/a Burger in the Square for approximately
462 square feet of space;
Adopted Ordinance No. 38367-021709. (7-0)
b. Adel Eltawansy d/b/a Zorba's Restaurant for approximately 210 square
feet of space;
Adopted Ordinance No. 38368-021709. (7-0)
c. Georgia R. Crump, d/b/a Nuts & Sweet Things for approximately
290 square feet of space; and
Adopted Ordinance No. 38369-021709. (7-0)
d. Juan E. Garcia, d/b/a Paradiso Cuban Restaurant for approximately
190'square feet of space.
Adopted Ordinance No. 38370-021709. (7-0)
4. Request of the City of Roanoke to convey an approximately .84-acre parcel of
City-owned property to Carilion Health Systems. Darlene L. Burcham, City
Manager.
(Public hearing was rescheduled for March 16 at 7:00 p.m., or as soon
thereafter as the matter may be heard.)
8
B. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD.
MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED
IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL.
Chris Craft, 1501 East Gate Avenue, N. E.
Butch Johnstone, 1303 Biscayne Road, N. W.
Darren Potter, 2820 West Hampton Avenue, S. W.
Carol L. Brash, 2259 Westover Avenue, S. W.
Grace Aheron, 4525 Farmwood Drive, Roanoke County
Lorena Wilson, 2012 Gandy Drive, N. W.
Robert Mason, 149 26th Street, Atlanta, Georgia
Robert Gravely, 3360 Hershberger Road, N. W.
Jeff Vanke, 532 Linden Street, S. E.
AT 8:40 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE
RECONVENED ON MONDAY, MARCH 2 AT 9:00 A.M., IN THE COUNCIL
CHAMBER, FOR THE PURPOSE OF APPOINTING AN INTERIM COUNCIL
MEMBER TO FILL THE UNEXPIRED TERM OF ALVIN L. NASH ENDING JUNE 30,
2010.
9
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of February, 2009.
No. 38356-021709.
A RESOLUTION paying tribute to the Honorable Alvin L. Nash, and expressing to him the
appreciation of the City and its people for his public service.
WHEREAS, Mr. Nash was born in Roanoke, Virginia, and completed his education III
Roanoke at Lucy Addison High School and Virginia Western Community College;
WHEREAS, Mr. Nash served on the Roanoke City School Board from 2004-2007, including
service as vice-chair;
WHEREAS, Mr. Nash has been actively involved in the community and has worked for
various community service boards and commissions including TAP, Family Services of the Roanoke
Valley, and as President and Chief Executive Officer of Blue Ridge Housing Development
Corporation;
WHEREAS, Mr. Nash founded and developed the Southwest Virginia Second Harvest Food
Bank, and has been active ina number of civic organizations;
WHEREAS, Mr. Nash was appointed to City Council for a term that commenced April 1,
2008; and
WHEREAS, during his time on City Council, Mr. Nash served on the Council's Audit and
Personnel Committees, the Greater Roanoke Transit Company board of directors, Council's
Legislative Committee, and the Virginia Municipal League's Human Development and Education
Policy COrrimittee.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. Council adopts this means of recognizing and commending the many services rendered
to the City of Roanoke and its people by the Honorable Alvin L. Nash.
K:\Measures\Tribute Measures\Nash going off 2009.doc
2. The City Clerk IS directed to forward an attested copy of this resolution to the
Honorable Alvin L. Nash.
ATTEST:
City Clerk.
K:\Measures\Tribute Measures\Nash going off2009.doc
Comme~ts by ntiane Howard 02/17/09
Good afternoon Mayor Bowers and members of council
Our national economic slow down has now trickled down
to our states and local government which causes great
concern for everyone.
I have not been endorsed to speak to you as representing
my position with the Southeast Action Forum,
However I have little doubt that I speak on behalf of
many of the good and outstanding citizens,
and the developing leadership that continues to grow in
S.E.
Ten years ago I called for doing away with the Horse
Mounted patrol,
in favor of using that man power on bicycles to patrol
troubled neighborhoods.
Just months ago I stood before you saying the same thing
and now I am pleading with you
that as you consider doing away with the Horse Mounted
patrol, that one of these police officers be
re-assigned to S.E.
Page lof3
We have many good dedicated people working hard to
improve S.E.
and to make it a neighborhood safe and secure for all to
live in.
This will not happen unless you show us the support and
get behind our efforts with increased city help in the form
of more police manpower and improved code
enforcement.
It is one thing to see the problems of drug, crime ap.d
domestic violence in adults but I am seeing new
generations of youth who seem to be headed down the
same path.
We have very troubled kids and the recent death of an
11 year old in hanging himself should be setting off alarm
bells for additional help in all areas ofS.E. .
We know and understand the difficult challenge you have
in cutting expenses in the budget,
but whatever you do,
don't cut neighborhood services as doing so would have a
negative impact on the progress we are making.
Page 2 of3
-r
Over the last two years, there has been a dramatic
increase in participation of S.E. residents in their
neighborhood organization, the SE Action Forum.
I believe at least 10 members of the S.E. Action Forum
have now complete<;l
-1~
Neighborhood Services Leadership College program, now
in its 6th year, with four more signed up for the next one.
This is certainly a positive sign showing a renewed
interest in the number of concerned residents living in
S.E.,
A fact that you should take great pride, in not only the
merits of the program but the number of up and coming
leaders being groomed in S.E.
Hopefully this will lead to one day seeing a member of
city council elected from S.E.
Southeast is Rising. . ... and with your dedicated interest
and support it will continue to do so,
But in the meantime I ask that you support all the hard
work of so many dedicated residents by giving us the
addition police man power and supporting neighborhood
services to help speed things along.
Page 3 of3
Comments by Estelle McCadden 02/17/09 2:00p.m.
Honorable Mayor Bowers, Council members and City Manager Burchus, Good Afternoon
DECISIONS DECISIONS DECISIONS That is the tough task ahead.
A lot of projects WASHINGTON PARK POOL THE MARKET BUILDING (historical) and
others VS Education. Stop and think. Which will be most profitable in the next 3 - 5 years.
Don't be so set in the way we govern. Remember CHANGE is now the order of the day. Use
knowledgeable citizens to set in own some of your most critical discussion - decision making
meetings that affect the citizens. Just remember that we have citizens who are as knowledge
able or more so than the consultants that you pay hundred of thousand dollars to do the job
because we know more about what we want and need than they do. LOOK AT WHAT A
SAVINGS THAT WOULD BE TO ADD TO EDUCATE OUR CHILDREN during these critical
times.
CHANGING GEARS:
Filling the vacancy that will be left at the end of the month -
Let's look at some of the shortcomings that have occurred, then move on with the business
before us. We don't want a yes man - - - one with a conflict of interest - - - but one who is
willing to stand alone for right - - - above all one with a financial background. This is one
of the most important assets at this time (budget decisions)
The citizens of Roanoke are losing faith in our council members. Here is your chance to restore
it or work toward doing it
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.W
Noel C. Taylor Municipal Building, Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
Council Members
Shennan P. Lea
Gwen W. Mason
Alvin L. Nash
Anita J. Price
Court G. Rosen
David B. Trinkle
DAVID A. BOWERS
Mayor
February 17, 2009
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 the appointment of an interim Council
Member, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended.
Sincerely,
Sj)~~
David A. Bowers
Mayor
DAB:ctw
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELlA T. WEBB
Assistant Deputy City Clerk
February 18, 2009
The Honorable Alvin L. Nash
4415 Renfro Boulevard, N. W.
Roanoke, Virginia 24017
Dear Mr. Nash:
Your communication tendering your resignation as a member of the Roanoke
City Council was before the Council of the City of Roanoke at a regular meeting
held on Tuesday, February 17, 2009.
On motion, duly seconded and adopted, your resignation was accepted with
regret, and the communication was received and filed.
Sincerely,
~rn.~~
Stephanie M. Moon, CMC
City Clerk
SM M: ew
"
From the desk of:
Alvin L. Nash
4415 Renfro Blvd.
Roanoke VA. 24017 540-293-4666
Mayor David Bowers February 9, 2009
Vice Mayor Sherman Lea
Members of Council:
Dr. David Trinkle
Gwen Mason
Anita Price
Court Rosen
Dear Mayor Bowers and Members of Council,
Please accept this letter as my notice of resignation from City Council effective February 28,2009.
My reason for resigning is to return to Blue Ridge housing as Executive Director. The Board of
Directors of Blue Ridge Housing has accepted my request to return with the condition that I resign
from City Council.
My decision to resign was influenced by recent articles in The Roanoke Times and the suggestion
from City staff that Blue Ridge may have violated City contracts or HUD rules. These are
allegations are untrue and I cannot ignore. I want the truth to be told and I want Blue Ridge Housing
to survive. Blue Ridge Housing will sit down with the City, request a HUD review, and work out a
plan to insure that both parties are paid whatever funds are owed. My resignation from City Council
will allow Council and staff to make decisions in the best interest of the City and Blue Ridge
Housing without causing discomfort on how the decision impacts a fellow member of Council who
has close professional ties with Blue Ridge Housing. .
When I was appointed to City Council a year ago, the Board of Directors and I saw the appointment
as a good opportunity for me to further serve the community. Now I have to make personal and
professional choices that make serving difficult. I cannot stay committed to Roanoke City Council
because my heart is working with Blue Ridge Housing. I cannot effectively help Blue Ridge while
remaining on Council. In hindsight, I should have never left the agency.
With the help of TAP, I started Blue Ridge 15 years ago and we have assisted over 300 fIrst time
home buyers, have built or rehabbed over 100 houses in neighborhoods that needed revitalization. I
want City Council to learn more about the work we have done and the work that still needs to be
done in many neighborhoods.
My return to Blue Ridge Housing is also to help stabilize the company so it can continue its work of
creating affordable homoownership and neighborhood revitalization. I appreciate the opportunity to
serve on Roanoke City Council, if my mother were alive she would hardly believe the responsibility
and the opportunities I have enjoyed. I believe that I represent a lot of people in this community that
want to see Council do the right things. There are challenges facing Council and the City of
Roanoke, I will leave my "bucket List" of things to do. However, it is more important to me that I
return to Blue Ridge Housing. I want to thank my colleagues for accepting me, confiding in me and
trusting me to do the City's work. I want to especially thank the Council-appointed officers and
their staff. They are all superior in their work ethic, service and their professionalism.
Sincerely,
Alvin L. Nash
Council appointed officers:
Bill Hatchworth
Stephanie Moon
Darlene Burcham
Drew Harmon
Ann Shawver
~
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
February 18, 2009
CECELIA T. WEBB
Assistant Deputy City Clerk
Mr. Michael L. Ramsey
3015 Carolina Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Ramsey:
Your communication tendering your resignation as a member of the Roanoke
Public Library Board was before the Council of the City of Roanoke at a regular
meeting held on Tuesday, February 17,2009.
On motion, duly seconded and adopted, your resignation was accepted and the
communication was received and filed.
On behalf of the Mayor and Members of Roanoke City Council, I would like to
express appreciation for your service to the City of Roanoke as a member of the
Roanoke Public Library Board from July 21, 1997 to February 17, 2009. Please
find enclosed a Certificate of Appreciation and an aerial view photograph of the
Roanoke Valley in recognition of your years of service.
Sincerely,
~~on~:t
City Clerk
SMM:ew
Enclosu re
pc: Sheila S. Umberger, Secretary, Roanoke City Library
Sheila N. Hartman, Deputy City Clerk
Joyce S. Johnson, Administrative Assistant IV
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
STEPHANIE M. MOON, CMC E-mail: c1erk@roanokeva.gov
, City Clerk
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
February 19, 2009
Marion A. Vaughn-How'ard, Superintendent
Youth Services Division
Parks and Recreation Department
Roanoke, Virginia
, Dear Ms. Vaughn-Howard:
This is to advise you that William A. West has qualified as a member of the Youth
Services Citizen Board for a term ending May 31 , 2011 .
Sincerely,
~ Yn. ~\l'YIJ
Stephanie M. Moon, CMC
City Clerk
S M M: ew
pc: Sheila N. Hartman, CMC, Deputy City Clerk
Joyce S. Johnson, Administrative Assistant IV
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, William A. West, do solemnly 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 Youth Services Citizen Board,
for a term ending May 31, 2011, according to the best of my ability (So help me
God).
~,.
v tZ~ 0J
Subscribed and sworn to before me thi~1:v 09~009.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
BY ~::a
K:\oath and leaving service\Youth Ser Citizen Board\William A West oath May 31 20ll.doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
STEPHANIE M. MOON, CMC
City Clerk
February .1 8, 2009
Linda Bedasaul, Secretary
Parks and Recreation Advisory Board
Roanoke, Virginia
Dear Ms. Bedasaul:
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
This is to advise you that Carl H. Kopitzke has qualified as a member of the
Parks and Recreation Advisory Board for a three-year term of office ending
March 31, 2012.
Sincerely,
~~~M.~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
pc: Sheila N. Hartman, CMC, Deputy City Clerk
Joyce S. Johnson, Administrative Assistant IV
"~:' ~
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Carl H. Kopitzke, do solemnly 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 Parks and
Recreation Advisory Board for a three-year term of office ending March 31,
2012, according to the best of my ability (So help me God).
Subscribed and sworn to before me this JL day of r[;.fJ 2009.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
BY ~~~!Lul ~EtK~
K:\oath and leaving service\Parks and Rec\Carl Kopitzke oath 3 2012.doc
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.W
Noel C. Taylor Municipal Building, Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
DAVIDA. BOWERS
Mayor
February 17, 2009
Council Members
Sherman P. Lea
Gwen W. Mason
Alvin L. Nash
Anita J. Price
Court G. Rosen
David B. Trinkle
The Honorable Mayor and Members
of Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
We jointly $pqnsor a request of Nicole G. Hall, Architectural Designer,
ClarkNexsen, to share ideas with regard.. to the Roanoke Urban Effect Design
Competition at the regular meeting of City Council to be held on Tuesday,
February 17, 2009, at 2:00 p.m.
~fif
David B. Trinkle, Council Member
~
Gwe dol n W. Mason, Council Member
DBT/GWM:ctw
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Stephanie M. Moon, City Clerk
6.a.
2008 DES1GN COMPETION
~(Q)~~(Q)M
1lJJ~1 D
ROANOKE
URBAN EFFECT
2008 DESIGN COMPETITION
ROANOKE URBAN EFFECT 2008
Roanoke Urban Effect is an international design competition that sprang from the hope and vision
of a group of young design professionals who knew their city could be greater than the sum of its
parts. Through the support of the local design and business communities that vision is becoming
reality.
The competition challenged students and design professionals alike to look beyond the traditional
urban planning model to present innovative and inspired ideas that encourage a more vibrant,
dynamic and sustainable urban environment in the City of Roanoke. Particular emphasis was
placed on concepts that generate a strong sense of community and incorporate the AlA's 10
Principles for Livable Communities.
AlA's 10 PRINCIPALS FOR LIVABLE COMMUNITIES
1. Design on a Human Scale
2. Provide Choices
3. Encourage Mixed-Use Development
4. Preserve Urban Centers
5. Vary Transportation Options
6. Build Vibrant Public Spaces
7. Create Neighborhood Identity
8. Protect Environmental Resources
9. Conserve Landscapes
10. Design Matters
Entrants from across the globe explored the city's potential by creating unique urban and
architectural designs that enhance the best qualities of Roanoke and have the potential to affect
positive impact on three specific areas within the city. Each of the three sites is located along the
city's main thoroughfare, Jefferson Street. Through public and private partnerships,
redevelopment efforts are currently underway in this area, known as the Jefferson Street Corridor.
Drawing upon the skills and resources of designers and visionaries internationally, Roanoke
Urban Effect has generated big plans to inspire the community and stimulate dialogue about the
city's future growth and development. The competition and the ideas it continues to generate will
have a direct effect on the city's future.
We believe in the power of good design. We do not presume these ideas to be the answer but
rather the beginning of a deliberate and informed discussion of what the future holds for
Roanoke.
Thank you for joining us and beginning the dialogue about the profound arid transformative effect
good design can have on this city, our city.
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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 17, 2009
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable Anitaj. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Status Report: Affirmative Action
and Diversity Initiatives for
Calendar Year 2008
Introduction
Our lives are filled with different pathways that lead us on a journey. Our
journey at the City involves molding an organization that values a culture where
unique individuals combine to strengthen the whole of the organization.
Diversity and inclusion aren't just concepts to be discussed; they are
commitments, core values and City competencies.
Diversity and inclusion as competencies for all employees and managers
requires that we - as part of our normal business practices - create an
environment that expands the capacity of staff as it relates to the many
differences that are part of our community. This knowledge allows our
employees to better serve our citizens. Diversity and inclusion requires a
commitment to lead by example. As you review the 2008 Diversity Report, you
will notice a commitment in our leadership, employees, hiring and promotional
practices, recruitment and partnerships.
As our results from 2008 will show, we clearly understand and embrace the
importance of diverse staff and partners who provide us unique insights into
various segments of the City's population. We have created a climate that
recognizes how the work envirot111[1~:I}!Vcanencourage. staff to achieve their best.
With each passing year, our community and the 'world become more diverse.
Honorable Mayor and Members of City Council
February 17, 2009
Page 2
Diversity and inclusion provides us with the opportunity to reach out in a way
that is responsive to the many cultural changes taking place around us. Our
own culture in the City has continued to evolve and we are the better for it.
Attachment 1 provides an overview of the City's gender and racial diversity.
Gender Distribution of Staff
A review of 2008 employment data shows that women cOlTlprise 36.01% of City
employees. There was a minimal decrease from the 2007 figure of 36.30%. Of
particular note is an increase of females in the protective service category.
Racial Distribution of Staff
People of color comprise 20.5% of City employees. The City continues to lag
Roanoke Census figures (29.7%); however, the City exceeds Roanoke EEOC
Workforce figures (17.1 %). One area of concern is the cumulative loss of
employees of color in .the service/maintenance category; however, several
vacant positions have not been filled due to the budget situation. There was a
substantial gain of employees of ~olor in the protective service category.
New Hires & Promotions
Employmenf data for 2008 shows that 20.9% of new hires and 19.1 % of
employees promoted were people of color. The new hire statistic reflects a
decrease of 4.8% from last year's figure of 25.7% and the promotion statistic
reflects an increase of 5.8% from last year's figure of 13.3%. An area that saw
considerable improvement is the promotion of minority candidates' and. the
hiring of women in the protective service category.
Internal Initiatives
The City actively encourages our employees to fulfill professional goals and
aspirations within our organization, and we work to provide a wide range of
internal developmental opportunities and learning initiatives to assist them in
achieving productive and rewarding careers and experiences. Emphasis
continues on elevating the "diversity capacity" withinthe organization.
Diversity & Inclusion Competency
In 2007, diversity and inclusion were rolled-out as core competencies for
employees' 2008 performance appraisals. . Managers and supervisors were
provided resources to hold conversations with their employees about their
behavior expectations in January and February. In May and June every non-
probationary employees' performance was evalu.ated in terms of 1)
demonstrating an understanding of the impact of personal behavior in creating
an inclusive and respectful workplace; 2) responding respectfully and
effectively to people of all cultures, classes, races, ethnic backgrounds, ages,
lifestyles, and religions; 3) behaving in a manner that recognizes, and values
the collective mixture of differences and similarities of employees and citizens;
4) supporting diversity of thoughts and ideas in dealing with others; and, 5)
Honorable Mayor and Members of City Council
February 17, 2009
Page 3
readily seeking opportunities to learn in order to enhance interactions within a
diverse workplace.
New Core Values Poster
In an effort to be consistent in the City's communication of our core values,
posters outlining the, values were distributed to every department.
Departments were asked to display the framed posters in prominent locations.
Diversity Advisory Council
This is a voluntary group of employees representing departments throughout
the organization, which come together monthly to discuss various topics,
programs and ideas. They are instrumental in moving the City along its journey
towards a more diverse and inclusive workplace.
Diversity Month
During October, City staff comes together to participate in several activities and
programs to focus on diversity and inclusion. City Council proclaimed October
2008 as Diversity Awareness Month. Members of the Diversity Advisory Council
held such activities as a collage competition; an employee panel discyssion; a
Diversity Awareness Gala that included dance lessons (salsa, shuffle, slide),
emerging artists, poetry, wall art, announcement of the collage winner, and
announcement of the diversity champion. winner (Department of Human/Social
Services); and a lunch and learn session that focused on diversity in the City.
Lunch & Learns
Every month features a new topic for employees to learn more about during
their lunch hour. Some events are held on City property and some are held at
local restaurants. 2008 featured topics such as Hispanic Heritage, Black
History, Diversity Awareness, American' Indian Heritage, Holiday Religious
Traditions, Women's History, Irish American Heritage, Disabilities, Older
Americans, Asian American Heritage, and Diverse Lifestyles.
Leadership
Ongoing leadership programs provide employees opportunities to be prepared
for advanced roles in leadership. Foundations for Leadership\ Excellence (FLE)
and the Leadership Development Initiative (LDI) support the professional
. development of staff. During 2008, 13 women attended Foundations for
Leadership Excellence and 9 women participated in the Leadership
Development Initiative.
Emp/oyee Deve/opment
The Employee Development Program (EDP) is available to employees who desire
to manage their own personal development through a variety of venues. The
program works in conjunction with our Tuition Assistance program. During
2008, the total number of employees enrolled in EDP was 84. Overall, the
Honorable Mayor and Members of City Council
February 17, 2009
Page 4,
makeup .of employees actively involved .in formal and informal developmental
pursuits during 2008 were 64% women and 39% people of color.
Partnerships
Human Resources continued to strengthen its partnerships with Police, Sheriff
and Fire/EMS in our collective effort to increase diversity in public safety by
encouraging joint participation at local job fairs and military bases.
External Initiatives
In 2008, we continued to strengthen our associations with our longtime
external partners while working to develop new relationships to strengthen and
diversify our recruiting efforts.
Recruitment
During 2008, our recruitment efforts continued to explore and develop broader
avenues to attract talent and seek out diverse applicants. The Department of
Human Resources consistently informed the public and surrounding areas
about career opportunities with the City of Roanoke by attending 33 career
fairs:
. Virginia High-Tech
Partnership
Internship & Job Fair
. C1AA Career Expo
. USO JETS & USO
Metro Job Fair
. Dabney Lancaster
Community College
. Averett and Danville
Community College
Career & Networking
Fair
. Lynchburg College
Internship and Job
Fair
. Bluefield State
College
. West Virginia State
University Annual
Career Employment
Expo
. usa JETS & usa
Metro Job Fair
. Feria de la
Oportunidad Job Fair
· Liberty University Job
Fair
· Camp Lejeune Job
Fair
. VCU Fall Career Fair
· New River Valley Job
Fair
· Averett University
Career Expo
· JMU Fall Career Fair
· Ferrum College -
Human Services
Career Fair
· Challenge Job Fair
.UVA Wise County Job
Fair
. Roanoke and New
River Valley Career
and Lifestyle Fair
· Career Premiere
· Patrick Henry High
School
Honorable Mayor and Members of City Council
February 17; 2009
Page. 5
. William Fleming High
. School
. Virginia Western
Community College
. Southwestern
Virginia Regional Job
Fair(TAP This Valley
Works)
. Staunton River High
School Annual
Training for Trades
Fair
. Roanoke Technical
Education Center
· Emerging Leaders
Workshop &
Conference
· Senior Resource Fair
. Roanoke Times
CareerFest
. Roanoke College
Internship Fair
· Forest Park Academy
Career X-plosion
· Roanoke City Schools
Career X-plosion for
8th Graders
Partnerships
Within the City of Roanoke we continued our outreach efforts at the
community college and high school level. Classroom visits to both area
high schools included presentation/panel discussions on training, pay,
job availability, etc. for seniors.
Other efforts included speaking engagements with area high schools,
after school groups, and local civic groups. We continue our efforts with
the utilization of the "Connect Database" where young adults register
through Economic Development. Individuals who indicated an interest in
public safety, library or engineering served as another resource/pool of
potential applicants.
Resu/ts
As a result of all of these external initiatives, the City of Roanoke
dramatically increased the average number of applications per position
from 84 in 2007 to 99 in 2008. From a gender perspective, males
accounted for 47% of applicants and females accounted for 53%. These
figures represent a shift from 2007 data, when males accounted for 39%
. of applicants and females accounted for 61 %. The racial diversity of all
applications was 28% minority; the same as last year's figure. Consistent
success has been achieved in ensuring that hiring authorities have a large
diverse pool of applicants from which to select their staff members.
Next Steps
The City will continue to engage the community and recruit more women
and people of color by continually refining our efforts; however, it 'needs
Honorable Mayor and Members of City Council
J
February 17, 2009
Page 6
to be understood that the City is planning to dramatically slow the hiring
process in response to current economic conditions. That said, the
Department of Human Resources has committed to becoming more
involved in the hiring process for all positions; especially in the clerical
and service/maintenance areas. We will also continue our
encouragement and support of the Diversity Advisory Council who will
work to provide direction to management as it relates to elevating our
capacity for diversity and inclusion.
I remain steadfast in my conviction that the value added from diverse
thinking enhances the entire organization and the services we are able to
provide our citizens. This report illustrates some of the work we have
initiated and our continued commitment to developing a rich human
fabric that represents and respects the unique contribution of each
individual. Diversity and inclusion is a journey - not a destination. As a
result, we still have a ways to go. Continuing to embed the principles of
diversity and inclusion in everything we do is essential to achieving the
City of Roanoke's goal to be an employer of choice that lives its
commitment to public service, equal opportunity and diversity and
inclusion. As we look to the future, we continue to work toward
becoming a more diverse and inclusive organization. I ask you to join us
on this journey.
Respectfully su
~
I
Darlene L. B~rcham
City Manager
DLB:kg
Attachments
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
,R. Brian Townsend, Asst. City Manager for Community Development
James Grigsby, Assistant City Manager for Operations
Keli M. Greer, Director of Human Resources
CM09-000 1 3
This fact sheet presents a recent gender analysis of employment for the City of Roanoke. The United States, Virginia
and Roanoke figures represent 2007 U.S. Census data. The Roanoke Workforce figures represent 2006 EEOC figures.
The City of Roanoke figures represent 2008 staff data.
2007 2008 Difference
Occupational Category Male Female Male Female Male Female
Officials/Manager 19 11 17 11 -2 0 100%
Professionals 151 233 149 233 -2 0 80%
echnicians 207 100 201 96 -6 -4 60%
Protective Service 485 60 502 62 17 2 40%
Para-professional 24 46 26 43 2 -3
20%
Clerical 9 159 10 161 2
Skilled Craft 119 5 117 4 -2 -1 0%
Male Female
Service/Maintenance 96 18 87 14 -9 -4
o United States IliI Virginia
Total # 1110 632 1109 624 -1 -8 o Roanoke o Roanoke Workforce
Total % 63.70% 36.30% 63.99% 36.01% 0.29% -0.29'l{ . City of Roanoke
~..o.
~-~"""
2007
Occupational Category
Officials/Manager
Professionals
2008
, I
Mak Femak Mak Femak
Difference
Male
17
10
49
3
echnicians
Protective Service
Para-professional
Clerical
Skilled Craft
Service/Maintenance
13
22
Total #
Total %
-1 100%
29 -9 -4 80%
13 2 -9 60%
9 2 5
40%
3 2 -2
10 -1 -19 20%
0 -7 0 0%
1 -12 -3 2007 2008
66 -24 -31 o Male Ell Female
41.77% 3.73% -3.73'%
o
33
22
4
5
29
o
4
o
8
12
51
5
o
6
10
116 97 92
54.50% 45.50% 58.23%
o .~@?'~
2007
Occupational Category
Officials/Manager
Professionals
echnicians
Protective Service
Para-professional
Clerical
2008
Difference
Male
Mak Femak Mak Femak
10
30
30
Skilled Craft
18
3
94
Service/Maintenance
Total #
Total %
17
3
10
17
o
o
49
14
o
1
6
1
30
o
7
-1
10 -3
0
14 -16
-30
5 0
1 -12
0 -2
33
-64
65.70% 34.30% 47.62% 52.38% -18.08%
I~~~~~'tt~~,.\:,:".
Female
I~~~.?~t..,;",.,",
, ..;' .... . ',' ....~*jJ\\:':';t".<, if~~,f}~~/,:<'"": ~fi;'fi
Female
0 100%
-7 80%
0 60%
11
40%
-9
-12 20%
1 0%
0 2007 2008
-16
o Male IlII Female
18.08'%
2008 DIVERSITY REPORT (RACIAL)
This fact sheet presents a recent racial analysis of employment forlthe City of Roanoke. The United States, Virginia
and Roanoke figures represent 2007 U.S. Census data. The Roanoke Workforce figures represent 2006 EEOC figures. The
City of Roanoke figures represent 2008 staff data.
STAFF RACIAL COMPARISON
100%
80%
60%
40%
20%
0%
White
Black
Other
I!l United States
o Roanoke
. City of Roanoke
. Virginia
o Roanoke Workforce
APPLICATION RACIAL COMPARISON
100%
80%
60%
40%
20%
0%
White
Black
Other
1!l2007 .2008
PROMOTIONAL RACIAL COMPARISON
100%
80%
60%
40%
20%
0%
White
Black
Other
1!l2007 .2008
;;;
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELlA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
February 18, 2009
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am attaching copy of Budget Ordinance No. 38358-021709 appropnatmg
funds from the Bill and Melinda Gates Foundation Opportunity Hardware Grant
for library technology updates, and amending and reordaining certain sections
of the 2008-2009 Grant Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Tuesday, February 17,2009 and is in full
force and effect upon its passage.
Sincerely,
A-q:Q~~. ~
Stephanie M. Moon, CMC
City Clerk
SM M :ew
Attachment
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
Sheila S. Umberger, Director, Roanoke City Libraries
\{>(
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of February, 2009.
No. 38358-021709.
AN ORDINANCE to appropriate funding from the Bill and Melinda Gates
\
Foundation Opportunity Hardware Grant for library technology updates, amending and
reordaining certain sections of the 2008-2009 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 2008-2009 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Other Equipment
Revenues
Gates Foundation FY09
Gates Foundation FY09 - Local
35-650-8301-9015
$ 19,500
35-650-8301-8301
35-650-8301-8302
9,750
9,750
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST: ,
~r~.~
City Clerk. '
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIEM. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
February 18, 2009
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 38357-021709 authorizing ,acceptance of
Phase 1 of the Bill and Melinda Gates Foundation Opportunity Hardware Grant
to the City of Roanoke Library System by the Bill and Melinda Gates Foundation,
and authorizing execution of any required documentation on behalf of the City.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Tuesday,. February 17,2009.
Sincerely,
~~m.~
Stephanie M. Moon, CMC
City Clerk
S M M: ew
Attachment
pc: Ann H. Shawver, Director of Finance
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
Sheila S. Umberger, Director, Roanoke City Libraries
()(}G
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of February, 2009.
No. 38357-021709.
A RESOLUTION authorizing acceptance of Phase 1 ofthe Bill & Melinda Gates Foundation
Opportunity Hardware Grant to the City of Roanoke Library System by the Bill & Melinda Gates
Foundation, and authorizing execution of any required documentation oribehalfofthe City.
BE IT RESOLVED by the Council ofthe City of Roanoke that:
1. Phase 1 ofthe Bill & Melinda Gates Foundation Opportunity Hardware Grant to the
City of Roanoke Library System in the initial funding of $9,750.00, with a cashmatchof$9,750.00
from the City, for the purpose 0 f purchasing computers for the City 0 fRoanoke' s public hbraries, as
more particularly set forth in the letter of the City Manager to Council dated February 17, 2009, is
hereby ACCEPTED.
2. The City Manager is hereby authorized to execute and file, on behalfofthe City, any
documents required to accept such grant. All documents shall be upon form approved by the City
Attorne)L
ATTEST:
~'m.~~
City Clerk.
K:\DA VIDICOUNCIL WORKIR.GATES FOUNDATION GRANT.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 17, 2009
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable AnitaJ. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Acceptance of Bill &
Melinda Gates Foundation
Opportunity Hardware
Grant, Phase 1
Background:
The City of Roanoke Library System is the recipient of a Bill & Melinda
Gates Foundation Opportunity Hardware Grant. This national grant is to
assist selected Public Libraries in providing up to date technology to their
communities. The Library will receive funds from the Bill & Melinda Gates
Foundation over the next two years in the amount of $26,650 to add
computers to the following eligible locations: Gainsboro Branch (5
computers), Jackson Park (4 computers), Roanoke Law Library (5
computers), and Melrose Branch (14 computers). At this time only Phase
1, or funding of $9,750 for the initial year, has been awarded. The reward
requires a match in the same amount.
This grant will allow the Library to replace older computers and
significantly increase the number of available computers at four
branches.
For FY 2009, funds will be used to purchase the above described
computer equipment and allowable related equipment. The Phase 1 grant
requires a cash match of $9,750 which is available in account 35~300-
9700-541 5 Local Match Funding for Grants.
Honorable Mayor and Members of City Council
February 17, 2009
Page 2
Considerations:
City Council action is needed to formally accept and appropriate these
funds, and authorize the Director of Finance to establish a revenue
estimate and appropriations to purchase the equipment and supplies in
. accordance with provisions of this grant.
Recommended Action:
Accept Phase 1 of the Bill & Melinda Gates Foundation Opportunity
Hardware Grant and authorize the City Manager to execute the grant
agreements and any related documents, subject to them being approved
as to form by the City Attorney.
Adopt the accompanying budget ordinance to establish a revenue
estimate in the amount of $9,750, transfer local cash matching funding
of $9,750 from Local Match Funding for Grants (35-300-9700-5415), 'and
to appropriate total funding of $19,500 in accounts to be established in
the Grant Fund by the Director 9f Finance.
Respectfully submitted,
Darlene L. Bur
City Manager
DLB:su
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Asst. City Manager for Community Development
Sheila S. Umberger, Director of Libraries
Sherman M. Stovall, Director of Management and Budget
CM09-000 14
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
STEPHANIE M. MOON, CMC
City Clerk
February 18, 2009
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELlA T. WEBB
Assistant Deputy City Clerk
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am attaching copy. of Budget Ordinance No. 38360-021709 appropriating
funds from the Commonwealth of Virginia for the Police Department Domestic
Violence Program Grant, and amending and reordaining certain sections of the
2008-2009 Grant Fund Appropriations.
The abovereferenced measure was. adopted by the Council of the City of
Roanoke at a regular meeting held on Tuesday, February 17,2009, and is in full
force and effect upon its passage.
Sincerely,
~~ 'rV'\. mev
Stephanie M. Moon, CMC
City Clerk
5 M M: ew
Attachment
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
A. L. Gaskins, Chief of Police
{!
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of February, 2009.
No. 38360-021709.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for
the Police Department Domestic Violence Program Grant (VSTOP), amending and
reordaining certain sections of the 2008-2009 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 2008-2009 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Regular Employee Salary
ICMA Retirement
FICA
Medical Insurance
Dental Insurance
Life Insurance
Revenues
VSTOP Grant CY2009 - State
VSTOP Grant CY2009 - Local
35-640-3322-1002
35-640-3322-1115
35-640-3322-1120
35-640-3322-1125
35-640-3322-1126
35-640-3322-1130
35-640-3322-3322
35-640-3322-3329
$ 32,722
2,945
2,503
4,800
274
268
34,615
8,897
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
~'M.~
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
February 18, 2009
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 38359-021709 authorizing acceptance of
the V-STOP Grant made to the City of Roanoke by the Virginia Department of
Criminal Justice Services, and authorizing execution of any required
documentation on behalf of the City.
The above referenced measu re was adopted by the Cou ncil of the City of
Roanoke at a regular meeting held on Tuesday, February 17,2009.
Sincerely,
~ttl~frl.~
Stephanie M. Moon, CMC
City Clerk
SM M :ew
Attach ment
pc: Ann H. Shawver, Director of Finance
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
A. L. Gaskins, Chief of Police
Gis
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of February, 2009.~
No. 38359-021709.
A RESOLUTION authorizing acceptance ofthe V-STOP Grant made to the City o fRo anoke
by the Virginia Department of Criminal Justice Services (DCJS), and authorizing execution of any
required documentation on behalf ofthe City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager is hereby authorized on behalf of the City to accept from the
Virginia Department of Criminal Justice Services (DCJS) the V -STOP Grant in the amount of
$34,615.00, with a match from the Cityof$11,538.00, to employ the Police Department's full-time
non-sworn Domestic Violence Specialist. The grant is more particularly described in the letter of the
City Manager to Council dated February 17, 2009.
2. The City Manager is hereby authorized to execute and file, on behalf ofthe City, any
documents setting forth the conditions of the grant in a form approved by the City Attorney.
3. The City Manager is further directed to furnish such additional information as may be
required in connection with the acceptance of the foregoing grant.
ATTEST:
~'m.~
City Clerk.
K:\Tim\measures\R- VSTOP GRANT. 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 17, 2009
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable Anitaj. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Police Department Domestic
Violence Program Grant
Background:
The Virginia Department of Criminal justice Services (DCjS) provides grant
funding for programs and activities which increase the apprehension,
prosecution and adjudication of persons committing violent crimes
against women. The program, "Virginia Services, Training, Officers,
Prosecution Violence Against Women" (V-STOP), has funded the
establishment of a Domestic Violence Unit within the Police Department
since 1999.
The Domestic Violence Unit collects and interprets relevant domestic
violence offense data which allows proactive case intervention and
cultivation of the cooperative working relationships with clients and
service/adjudication agencies. The program produces more equitable
victim-offender criminal justice dispositions related to domestic violence
offenses.
On january 12, 2009, DCjS awarded the Police Department $34,615 to
employ its full-time, non-sworn Domestic Violence Specialist, thereby
allowing continuance of the Domestic Violence Unit in calendar year
2009. The required City match of $11,538 will be met through a cash
match of $8,897 and an in-kind donation of $2,641. The cash
expenditure will be necessary to continue to fully fund the salary and
Honorable Mayor and Members of City Council
February 17, 2009
Page 2
benefits portion of the Domestic Violence Specialist position. Funding for
the local match is budgeted in Local Match Funding for grants (35-300-
9700-5415).
Recommended Action:
Accept the V-STOP grant described above and authorize the City Manager
to execute the grant agreement and any related documents, in such form
as is approved by the City Attorney.
Adopt the accompanying budget ordinance to establish revenue
estimates for State grant funds of $34,61 5 and local cash funding of
$8,897, to transfer funding in the amount of $8,897 from 35-300-9700-
5415 to provide the local match funding, and to appropriate total funding
of $43,512 in accounts to be established in the Grant Fund as follows by
the Director of Finance:
Appropriation:
DescriPtion
Account
Amount
Regular Employee Salaries
Retirement
FICA
Medical Insurance
Dental Insurance
Life Insurance
1002
1115
1120
1125
1126
1130
$ 32,722
2,945
2,503
4,800
274
268
TOTAL
$ 43. 51 2
Respectfully submitted,
Darlene L. Bu
City Manager
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Asst. City Manager for Community Development
Sherman M. Stovall, Director of Management and Budget
A. L. Gaskins, Chief of Police
CM09-00022
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
STEPHANIE M. MOON, CMC
City Clerk
February 18, 2009
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
Ann H. Shawver
Director of Finance
. Roanoke, Virginia
Dear Ms. Shawver:
I am attaching copy of Budget Ordinance No. 38362-021709 appropriating
funds from the Commonwealth of Virginia for the Virginia Sexual a.nd Domestic
Violence Victim Fund Grant, and amending and reordaining certain sections of
the 2008-2009 Grant Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Tuesday, February 17,2009, and is in full
force and effect upon its passage.
Sincerely,
~~m.~uYV
Stephanie M. Moon, CMC
City Clerk
SM M :ew
Attachment
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
A. L. Gaskins, Chief of Police
{-'i
IN THE COUNCIL OF THE CITY OF-ROANOKE, VIRGINIA
The 17th day of February, 2009.
No. 38362-021709.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia
for the Virginia Sexual and Domestic Violence Victim Fund Grant, amending and
reordaining certain sections of the 2008-2009 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 2008-2009 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Temporary Employee Wages
FICA
Revenues
Police Domestic Violence Victim CY09
35-640-3353-1004
35-640-3353-1120
$ 7,429
568
35-640-3353~3353
7,997
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
A-tz,i~,TY;t. M IJ~
City p~~k~ . .. C..
.. .-\
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
. Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELlA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
February 18, 2009
Darlene L. Burcham
City Manager
Roanoke, Virginia'
Dear Ms. Burcham:
I am attaching copy of Resolution No. 38361-021709 authorizing acceptance of
the Virginia Sexual and Domestic Violence Victim Fund Grant made to the City
of Roanoke by the Virginia Department of Criminal Justice Services, and
authorizing execution of any requ ired docu mentation on behalf of the City.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Tuesday, February 18, 2009.
Sincerely,
A~m.,~
Stephanie M. Moon, CMC
City Clerk
S M M: ew
Attachment
pc: Ann H. Shawver, Director of Finance
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
A. L. Gaskins, Chief of Police
'--
~s
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of February, 2009.
No. 38361-021709.
A RESOLUTION authorizing acceptance of the Virginia Sexual and Domestic Violence
Victim Fund (VSDVVF) Grant made to the City of Roanoke by the Virginia Department of Criminal
Justice Services (DCJS), and authorizing execution of any required documentation on behalf of the
City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager is hereby authorized on behalf of the- City to accept from the
Virginia Department of Criminal Justice Services (DCJS) the Virginia Sexual and Domestic Violence
Victim Fund (VSDVVF) Grant in the amount of$7,997.00, to continue the employmentofthePolice
Department's part time, 34 hour per week, Sexual Violence and Hispanic Outreach Specialist. The
grant is more particularly described in the letter of the City Manager to Council dated February 17,
2009.
2. The City Manager is hereby authorized to execute and file, on behalfofthe City,. any
documents setting forth the conditions ofthe grant in a form approved by the City Attorney.
3. The City Manager is further directed to furnish such additional information as may be
required in connection with the acceptance of the foregoing grant.
ATTEST:
)B1=kM.~
K:\Tim\measures\R-pd sexual violence coordinator grant 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 17, 2009
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable Anita j. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
Police Department Sexual
Violence Coordinator Grant
Background:
The Virginia Department of Criminal justice Services (DCjS) provides grant
funding for programs and activities which increase the apprehension,
prosecution and adjudication of persons committing violent crimes against
women. The Virginia Sexual and Domestic Violence Victim Fund (VSDVVF) was
created in 2004 by the Virginia General Assembly. The VSDVVF, through DCjS,
provides funding for programs that assist the victims of sexual and domestic
violence. The police department has used funds from the VSDVVF since 2007
On january 20, 2009, DCjS awarded the Police Department $7,997 in VSDVVF
funding to continue the employment of a part time, 34 hour per week, Sexual
Violence and Hispanic Outreach Specialist. There is. no matching funds
requirement. The person in this position is bilingual in Spanish and English.
They collect and interpret relevant sexual violence offense data which allows
proactive case intervention and cultivation of cooperative working relationships
with clients and service/adjudication agencies. Additionally, the position serves
all Hispanic victims of sexual and domestic violence as well as performs crime
prevention outreach services in the Hispanic community.
Honorable Mayor and Members of City Council
February 17, 2009
Page 2
Recommended Action:
Accept the Virginia Sexual and Domestic Violence Victim Fund grant and
authorize the City Manager to execute the grant agreements and any related
documents, subject to them being approved as to form by the City Attorney.
Adopt the accompanying budget ordinance to appropriate funding totaling
$7,997 per the following.
Appropriation:
DescriPtion
Account
Amount
Temporary Employee Wages .1004
FICA 1120
$ 7,429 .
$ 568
$ 7,997
TOTAL
Adopt the accompanying budget ordinance to establish a revenue estimate in
the amount of $7,997 and to appropriate the same amount in accounts to be
established in the Grant Fund by the Director of Finance.
Respectfully submitted,
Darlene L. Bur ham
City Manager
DLB:gws
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager
A. L. Gaskins, Chief of Police
Sherman M. Stovall, Director of Management and Budget
CM09 -00023
c;r:s
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
~Jo+ pa<,sed
A RESOLUTION authorizing acceptance of certain funds from the Emergency Management
Assistance Compact (EMAC), and authorizing execution of any required documentation on behalf of
the City.
BE IT RESOLVED by the Council ofthe City of Roanoke as follows:
1. The City Manager is hereby authorized on behalf of the City to accept from the
Emergency Management Assistance Compact (EMAC), funds in the amount of$54,956.00 for the
Hurricane Gustav Deployment and $53,551.00 for the Hurricane Ike Deployment, totaling
$108,507.00, to reimburse the City of Roanoke for personnel hours as well as expense claims, as
more particularly described in the letter of the City Manager to Council dated February 17, 2009.
2. The City Manager is hereby authorized to accept, execute and file, on behalf ofthe
City, any documents setting forth the conditions of such funding in a form approved by the City
Attorney.
3. The City Manager is further directed to furnish such additional information as may be
required in connection with the acceptance of the foregoing funding.
ATTEST:
City Clerk.
K:\Tim\measures\R-emac reimbursement 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 17, 2009
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable AnitaJ. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
EMAC Reimbursement
Background:
On September 2, 2008, Roanoke Fire-EMS was called upon by EMAC (Emergency
Management Assistance Compact) to assist citizens of Louisiana after the state
was ravaged by Hurricane Gustav. The first team was assigned to Baton Rouge,
LA. This group consisted of 8 Fire-EMS personnel who served with the
Incident Management Team in Baton Rouge. The team was deployed for
approximately 18 days.
The second EMAC team was deployed on October 3, 2008. The team was sent
to Cameron Parish, LA to support recovery operations from Hurricane Ike. This
six person team was made up of City Fire-EMS, Police and the Special Projects
Manager from the Western Virginia Water Authority. This team was deployed
for two weeks and its mission was to coordinate the local Emergency
Operations Center (EOC) for recovery operations coordinating damage
assessments, debris management, water and sewer utility restoration as well as
overall restoration of public safety capabilities. Deployment of emergency
personnel under the authority of EMAC is subject to reimbursement from the
Federal government.
Honorable Mayor and Members of City Council
February 17, 2008
Pag e 2
Considerations:
The City of Roanoke has submitted" an invoice to EMAC for a total of $54, 956
for the Hurricane Gustav Deployment and $53,551 for the Hurricane Ike
Deployment, totaling $108,507. These funds will reimburse the City of Roanoke
for personnel hours as well as expense claims. These funds need to be
accepted by Council.
Recommended Action:
" Authorize acceptance of the reimbursement funds totaling $108,50,7-
"
Adopt the accompanYing budget ordinance to "establish a revenue estimate in
the amount $108,507 and appropriate funding in the same amount in accounts
to be established in the General Fund by the Director of Finance.
Respectfully submitted,
Darlene L. Surc
City Manager
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
James Grigsby, Assistant City Manager for Operations
H. David Hoback, Fire-EMS Chief
CM09-00025
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: cIerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
February 18, 2009
Darlene L. Bu rcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 38363-021709 authorizing the waiver of
the City's sovereign immunity in connection with the City's use of Valley View
Mall for Citizen Appreciation Day, and authorizing execution of an agreement
with Valley View Mall, LLC, through its agent, CBL & Associates
Management, Inc., in connection with such use of Valley View Mall.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Tuesday, February 17,2009.
Sincerely,
.~~m.~
Stephanie M. Moon, CMC
City Clerk
SM M :ew
Attach ment
pc: Ann H. Shawver, Director of Finance
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community Development
James Grigsby, Assistant City Manager for Operations
Joshua L. Mabrey, Co-Chair, Service Excellence at Work Committee
~{
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of February, 2009.
No. 3836g-021709.
A RESOLUTION authorizing the waiver of the City's sovereign immunity in connection
with the City's use of V alley View Mall for Citizen Appreciation Day, and authorizing execution of
an agreement with Valley View Mall, LLC, through its agent, CBL & Associates Management, Inc.,
. in connection with such use of Valley View Mall.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. This Council hereby waives its sovereign immunity with regard to the City's use of
Valley View Mall on April 18, 2009, in connection with its Citizen Appreciation Day activities, as
set forth in the City Manager's letter to this Council dated February 17, 2009.
2. The City Manager is hereby authorized to execute, for and on behalf of the City, upon
form approved by the City Attorney, an Agreement relating to the City's use of V alley View Mallon
April 18, 2009, for Citizen Appreciation Day activities.
ATTEST:
~hI.~
City Clerk.
K:\Measures\Citizens Appre Day 2009 Valley View Mall.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 17, 2009
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable AnitaJ. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Subject:
Rental Agreement for Citizen
Appreciation Day
Dear Mayor Bowers and Members of City Council:
The City's Service Excellence at Work Committee is planning to sponsor the City's
Citizen Appreciation Day at Valley View Mall on Saturday April 18, 2009. The
owners of the mall, CBL & Associates Management, Inc. ("CBL"), require that the
City execute an agreement in order to use the mall. This agreement contains a
provision which requires that the City agree to indemnify and hold harmless CBL,
and to defend it, in the event anyone is injured or anything is damaged during the
City's use of the premises. Only City Council can waive the City's sovereign
immunity and agree to such a provision. CBL has again declined to delete this
provision.
Attached is a resolution which authorizes a waiver of the City's sovereign immunity
and authorizes the City Manager to execute both of these agreements; such
agreements to be approved as to form by the City Attorney.
Recommended Action(s):
Approve the accompanying resolution and authorize the City Manager to execute
the agreement.
Respectfully submitted,
Darlene L. Burc
City Manager
Honorable Mayor and Members of City Council
February 1 7, 2009
Page 2
DLB:jlm
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
James Grigsby, Assistant City Manager for Operations
Joshua L. Mabrey, Co-Chair, Service Excellence at Work Committee
CM09-00024
~)
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, SW, Suite 461
PO Box 1220
Roanoke, Virginia 24011-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
ANN H. SHAWVER, CPA
Director of Finance
February 17,2009
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: December Financial Report
This month's report marks the half way point in our fiscal year. Revenues as of
December total $98.4 million or 37.8% of our revised revenue budget. Much or our
revenues are still to be collected with due dates of several'local taxes in the latter half of
the year. In order to meet budget, aotual revenues need to total $260.4 million, a 0.41 %
increase over the prior fiscal year's actual revenue total. Projections indicate that the
City will meet the rea'l estate estimate. Sales tax is currently ahead of projections;
however, we are expecting a decline by the end of the fiscal year. We are also
anticipating under performance in personal property and business license taxes. Based
on current economic conditions, we are working diligently to monitor monthly results
and to refine projections as the year progresses. Details of significant or note-worthy
General Fund variances between fiscal years 2008 and 2009, or between fiscal year 2009
actual and budget, are presented in the following sections.
An addition to this month's report is the inclusion of short descriptive notes on
significant financial items of interest from the Enterprise Funds; Civic Facilities Fund,
Parking Fund, and Market Building Fund financiCiI statements.
General "Fund Revenues
Revenues through December increased 1.9% compared to the prior fiscal year. Several
key local taxes are continuing to .reflect positive growth, despite economic strains and
expectations of future declines. A few are in decline, and the following passages will
address both positive and negative trends. Based on information received from the
Commonwealth, the City expects additional "reduced funding' .from the State in the
Honorable Mayor and Members of Council
February 17, 2009
Page 2
amount of approximately $340,000 in FY09 beyond the approximately $1.1 million
already incorporated into our budget. Detailed comments on budgetary variances for
our major revenues are addressed as follows:
General Property Taxes increased 4.3% in total as a result of growth in real estate
assessments. The first installment of the real estate tax was due October 5th. This tax
is expected to grow by approximately 4.9% as a whole in FY09, and actual growth has
followed this trend for the first half of the fiscal year. Partially offsetting the increase
in real estate assessments is a decline in personal property tax revenue compared to
last year due to lower monthly billings on new vehicles. The majority of personal
property taxes are due May 31 st.
Other Local Taxes decreased 0.2% in the current fiscal year. Telecommunications tax
has decreased 6.3% fiscal year to date due to lower distributions state wide in October
and November. The majority of this decrease appears related to the communications
sales and use tax, as E911 tax and right of way use fees are consistent. The decreasing
communications sales and use tax applies to a number of services, including land line
and wireless telephone, cable & satellite television, and radio services. Also,
telecommunications tax revenues for this period last year were higher than usual due
to one time corrections for two large proViders that had not properly filed returns for
January through July 2007. Consumer utility taxes, most notably electric services,
decreased as a result of a change in weather conditions compared to the same time
period last year. Weather patterns this fiscal year resulted in a decrease in
consumption and the corresponding tax revenue. Cigarette and recordation taxes
have decreased significantly as well. Partially offsetting the aforementioned declines is
growth of 3.7% in sales tax over the past year due to increases in sales from electrical
and building/asphalt businesses as well as new stores that opened within the City such
as Home Depot, Chick-fil-A, and Panera Bread. In addition, transient occupancy
increased 5.0% and prepared food and beverage increased 1.5% over the .same period
compared to 'FY08. Several other small local tax revenues also increased.
Permits. Fees and Licenses decreased 31.6% from FY08 due to a decline in building
inspection permit fees, most notably due to the William Fleming High School project
and Carilion Medical Center which were both permitted last year.
Fines and Forfeitures decreased 11.4% from the prior year primarily due to a decline in
parking ticket revenue. Tickets for "Failure to display a valid decal" are no longer
issued as a result of the City eliminating vehicle decals. A reduction in collection fees
and miscellaneous fines and forfeitures also contributed to the variance.
Grants in Aid Commonwealth increased slightly from FY08. Although the net increase
is less than 4%, there are a few increases and decreases in significant revenue sources
worth noting. Comprehensive Services Act (CSA) revenues grew due to timing of the
receipt of state reimburseme'nts for October services compared to last year. . Street
maintenance revenues grew 3.2% due to increased quarterly receipts from the Virginia
Department of Transportation. Partially offsetting the aforementioned increases is an
expected 4.2% decrease in law enforcement HB599 funding.
Honorable Mayor and Members of Council
'February 17, 2009
Page 3
Internal Services declined 7.4% compared t.o the prior year due primarily to timing of a
transfer from the Risk Management Fund for employee health services. Adjusted for
this timing, internal services grew 17.3% due in part to a new revenue source in FY09,
school playground services. The School Board contracted with the City to provide
playground maintenance and inspection services to all of its playgrounds. The
budgeted revenue has been received in full for FY09 and will be offset by ongoing
expenditures ina newly created unit within the Parks, Recreation, and Culture
category. An increase in billing of the School's share of the Comprehensive Services
Act (CSA) expenditures as a result of higher educational related CSA expenditures
incurred by the City is also contributing to the variance. In addition, building
maintenance charges grew primarily due to required maintenance of the 'City 'Market
Building.
Transfers from Other Funds increased $33,333 from last year due to a transfer from
capital projects contingency to cover the second installment due to the Historical
Society of Western Vir:ginia. The City currently has a commitment to provide capital
funding to the Historical Society in the amount of $100,000 over three years. Last
year's installment was funded within the General Fund through an appropriation of
fund balance.
Miscellaneous Revenue decreased 37.2% primarily due to the billings of several
invoices for damage to city property in fiscal year 2008. Adjusted for these large
billings, the revenue in this category increased 8.3%. Leading the increases in the
miscellaneous revenue category are collections from the solid waste department for
sales of recyclables, and donations from Virginia Western Community College to
reimburse tuition costs for Fire/EMS personnel. .
General Fund Expenditures
The FY09 .expenditure budget totals $261.7 million and includes funding of
approximately $1.3 million to cover contracts and purchase orders made during FY08
but not paid by the end of that year.
The General 'Fund expenditures and encumbrances through December were '$137.7
million. Compared to the prior year, these expenditures in total represent a slight
increase of 1.6% or $2,209,532. Decreased spending due to the timing of certain non-
departmental transfers was offset by increased spending for Street Paving related to
timing of payments. Both increases and decreases are discussed in the following
sections in detail. In FY09, the average employee pay raise was 2%, which caused a
slight increase in many categories of expenditures. The variances detailed in this
report are in addition to this rise in personnel 'cost.
Public Works expenditures increased 11.7% or $1.6 million. Almost all of this increase
can be attributed to.a larger amount of paving program contracts in FY09 compared to
the same time in FY'08. While the paving program itself increased only slightly, there
Honorable Mayor and Members of Council
February 17,2009
Page 4
was a large swin~ in timing of activity between the two fiscal years due to contract and
amendment dates for the summer 2008 paving season.
Health and Welfare grew 9.3% mostly due to the contract encumbrance of health
department subsidies in December of the current fiscal year. These subsidies were not
encumbered until February of the previous fiscal year. Also contributing to the
variance is the timing of the encumbrance of the Total Action Against Poverty contract
as well as an increase in education related Comprehensive Services Act (CSA)
expenditures.
Nondepartmental expenditures decreased 36.0% or $1.9 million. There were
significant variances in transfers to the Capital Pr,ojects Fund, Grant Fund, and Risk
Management Fund. There has been a significant decrease in transfers to Capital
Projects Fund as a result of the City's commitment to build its fund balance levels.
While appropriations of $717,325 in undesignated fund balance had been made by this
time last year, none have been appropriated in FY09. In the prior year, a $250,000
transfer was made to the Risk Management Fund during the first quarter, but the
transfer was made in January FY09.
Enterprise Funds:
Civic Facilities Fund
~ Operating revenues are down about $28,000 (3.4%), largely due to lack of large
events thus far in fiscal year 2009.
~ Overall operating expenses are down approximately $93,000 (4.6%), with
decreases in personal service expenses more than offsetting increased
depreciation and non-personal service expenses.
~ Year to date performance improved just over $279,000 (55.2%) from FY08, due
to improved operating performance and a 19.0% budgeted increase in General
Fund subsidy ($197,000) compared to the prior year.
~ Global Spectrum began management of the Civic Center on January 1, 2009.
Parking Fund
~ Operating revenues are $68,000 (4.6%) below budget for FY09 year to date.
They would have exceeded budget had two large customers not been late in
submitting their monthly payments.
~ Revenue from monthly parkers at Campbell Garage continues to be low. Short
term parking at this facility has been doing well. Parking for jury duty has been
changed from Church Avenue to Campbell.
~ Operating expenses in FY09 are up $246,000 (66.0%) when compared to FY08.
$111 ;000 of this difference is attributable to delayed processing of invoices
caused by purchase order processing procedure changes in FY08. Another
$83,000 ,is due'to increased management fees in FY09, with $50,000 of the this
attributable to the opening of Campbell Garage.
Honorable Mayor and Members of Council
February 17, 2009
Page 5
~ Depreciation expense has risen due to the completion of the Campbell Garage.
Market Building Fund
~ Currently has three vacant spaces, with Chico's Pizza scheduled to close in
February.
~ Operating expenses include approximately $204,000 in expenses related to fall
cleaning and maintenance. This is a large component of the Other Services and
Charges.
~ Utility expenses are up about $18,000 (51.4%) from FY08. Rate incre~ses have
affected both electric and natural gas utilities.
As always, please feel.free to request additional information or details as needed.
Ann H. Shawver
Director of Finance
Attachments
c: Darlene L. 'Burcham, City Manager
William M. Hackworth, City Attorney
Stephanie M. Moon, City Clerk
James Grigsby, Assistant City Manager
R. Brian Townsend, Assistant City Manager
Sherman M. Stovall, Director of Management and Budget
Rita D. Bishop, Superintendent, Roanoke'City Public Schools
Curtis D. Baker, Deputy Superintendent of Operations,
Roanoke City Public Schools
City of Roanoke
Financial Report to City Council
Six Months Ended December 31,2008
Prepared by the Department of Finance
Presented February 17, 2009
Report of City Manager Transfers....................... ......................................................1
Report of City Manager Contingency...................................... ............................ ......2
General Fund ................... .......................................................................................... 3
Civic Facilities Fund....... ................... ........................................................................4
Parking Fund.............................................................................................................. 5
Market Building Fund................................................................................................ 6
Treasurer's Statement of Accountability................................................................... 7
Roanoke City Public School Financial Report ..........................................................8
Pension Plan - Statement of Changes in Net Assets................................................. 9
Pension Plan - Statement of Plan Net Assets ............................................................1 0
City of Roanoke, Virginia
Report of City Manager Transfers
Six Months Ended December 31,2008
Transfer
Number
Date
EXDlanation
From
To
Amount
CMT08-00131 07/17/08 Litter Containers City Manager Contingency Solid Waste Management - $ 20,000
Refuse/Recycle
CMT08-00153 08/22/08 Randall Grant Writing/Research Capital Project Grant Writing Services 36,000
Contract Contingency
CMT08-00171 09/12/08 Professional Services for Capital Project Director of General Services 10,000
Implementation of the ICLEI 5 Contingency
Step Process
CMT08-00176 09/17/08 Capital Contribution to Gainsboro Capital Project YMCA Aquatic Center 15,000
Family Center YMCA Contingency
CMT08-00184 09/30/08 Mini-grantslDonations for Citizen Contingency - General Police - Services 14,613
Police Academy, Sporting Event Fund
Programs, Homeland Defense,
and Project Lifesaver
CMT08-00205 11/25/08 13th Street and Hollins Road Capital Project Reserve - 13th Street Widening Project 30,000
Project VDOT
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 transfers that are $10,000 or greater.
City of Roanoke, Virginia
Report of City Manager Contingency
Six Months Ended December 31,2008
Transfer
Number
Date
Explanation
To
Balance of Contingency at July 1, 2008
Continoencv Transfers:
CMT08-00131
07/17/08
Litter Containers
Solid Waste Management -
Refuse/Recycle
CMT08-00206
12/02/08
Weed and Trash
Abatement Program
Housing and Neighborhood
Services
CMT08-00215 12/19/08 Creative Communities
Leadership
Seminar/Consulting
Available Contingency at December 31, 2008
Economic Development
2
Amount
$
907,354
(20,000)
(32,968)
(25,000)
$
829,386
Percent of
July 1 - December 31 July 1 - December 31 Percentage Unencumbered Revised Budget
Expenditures 2007-2008 2008-2009 of Change Balance Appropriations Obligated
General Government $ 6,518,004 $ 6,625.423 1.6 % $ 6,897,532 $ 13,522,955 49.0%
Judicial Administration 3,867,032 4,107,357 6.2 % 4,325,108 8,432.465 48.7%
Public Safety 32,628,802 32,799,813 0.5 % 28,999,019 61,798,832 53.1%
Public Works 13.414,531 14,982,358 11.7 % 12,307,585 27,289,943 54.9%
Health and Welfare 18,862,699 20,613,160 9.3 % 19,082,705 39,695,865 51.9%
Parks, Recreation and Culture 6,159,515 6,219,865 1.0 % 5,201,998 11,421,863 54.5%
Community Development 3,419,098 3,394,798 -0.7 % 2,790,288 6,185,086 54.9%
Transfer to Debt Service Fund 13,838,710 14,007,157 1.2 % 7,143,722 21,150,879 66.2%
Transfer to School Fund 31,645,096 31,673,731 0.1 % 31,673,730 63,347,461 50.0%
Nondepartmental 5,162,355 3,301,712 -36.0 % 5,539,556 8,841,268 37.3%
Total $ 135.515,842 $ 137,725,374 1.6 % $ 123,961.243 $ 261.686,617 52,6%
Revenue Source
General Property Taxes
Other Local Taxes
Permits, 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
Transfers From Other Funds
Miscellaneous Revenue
Total
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
STATEMENT OF REVENUE (UNAUDITED)
Year to Date for the Period Current Fiscal Year
Percent of
Revised Revenue
July 1 - December 31 July 1 - December 31 Percentage Revenue Estimate
2007-2008 2008-2009 of Change Estimates Received
$ 39,215,514 $ 40,920,503 4.3 % $ 101,584,000 40.3%
22,608,860 22,559,012 -0.2 % 74,724,000 30.2%
885,218 605,453 -31.6 % 1,266,000 47.8%
770.484 682,779 -11.4 % 1,535,000 44.5%
549,935 500,998 -8.9 % 784,000 63.9%
26,455,645 27,309,141 3.2 % 68,990,852 39.6%
0.0 % 38,000 0.0%
4,370,553 4,330,825 -0.9 % 8,111,000 53.4%
1,242,146 1,150,572 -7.4 % 2,779.435 41.4%
33,333 100.0 % 33,333 100.0%
469,141 294,661 -37.2 % 522,000 56.4%
$ 96,567,496 $ 98,387,277 1.9 % $ 260,367,620 37.8%
STATEMENT OF EXPENDITURES AND ENCUMBRANCES (UNAUDITED)
Year to Date for the Period
Current Fiscal Year
3
CITY OF ROANOKE, VIRGINIA
CIVIC FACILITIES FUND
COMPARATIVE STATEMENT OF REVENUES AND EXP,ENSES
FOR THE SIX MONTHS ENDED DECEMBER 31, 2008
(UNAUDITED)
FY 2009 FY 2008
Operating Revenues
Rentals $ 368,144 $ 369,135
Event Expenses 114,792 104,593
Display Advertising 52,002 20,835
Admissions Tax 92,854 125,717
Electrical Fees 22,199 14,027
Novelty Fees 14,598 28,576
Facility Surcharge 70,754 87,071
Charge Card Fees 33,517 36,325 .
Commissions 19,785 10,464
Catering/Concessions 18,472 39,279
Other 860 30
Total Operating Revenues 807,977 836,052
Operating Expenses
Personal Services 804,153 947,981
Operating Expenses 658,616 629,876
Depreciation 460,7215 438,759
Total Operating Expenses 1,923,494 2,016,616
Operating Loss (1,115,517) (1,180,564)
Nonoperating Revenues/(Expenses)
Other 14,899 510
Investment Income 7,523 7,408
Interest Expense (1) (316,935) (324,163)
Net Nonoperating Expenses (294,513) (316,245)
Loss Before Transfers and Contributions (1,410,030) (1,496,809)
Transfers and Contributions
Transfers In 1,234,050 1,037,496
Transfers Out (50,559) (46,309)
Net Transfers and Contributions 1,183,491 991,187
Change in Net Assets $ (226,539) $ (505,622)
(1 ) FY2008 was restated to reflect a correcting entry made later in the year.
4
CITY OF ROANOKE, VIRGINIA
PARKING FUND
COMPARATIVE STATEMENT OF REVENUES AND EXPENSES
FOR THE SIX MONTHS ENDED DECEMBER 31, 2008
(UNAUDITED)
FY 2009 FY 2008
OperatinQ Revenues
Market Garage $ 182,028 $ 176,164
Elmwood Park Garage 226,962 223,663
Center in the Square Garage 145,272 130,732
Church Avenue Garage 349,857 337,950
Tower Garage 261,597 256,989
Gainsboro Garage 61,289 54,565
Campbell Garage 9,618
Williamson Lot 38,667 38,448
Higher Ed Center Lot 29,099 34,750
Market Lot 12,061 7,116
Elmwood Lot 32,881 31 ,660
Warehouse Row Lot. 14,628 14,455
West ChurchlYMCA Lots 13,135 13,135
Parking Violations (All L.ocations) 7,809
Total Operating Revenues 1,384,903 1,319,627
Operatina Expenses
Operating Expenses 616,978 370,866
Depreciation 412,207 341 , 1 86
Total Operating Expenses 1,029,185 712,052
Operating Income 355,718 607,575
Nonoperatina Revenues/(Expenses)
Investment Income 30,691 50,814
I nterest Expense (249,796) (123,385)
Net Nonoperating Expenses (219,105) (72,571 )
Income Before Transfers and Contributions 136,613 535,004
Transfers and Contributions
Transfers In 14,466 15,068
~ Net Transfers and Contributions 14,466 15,068
Change in Net Assets $ 151,079 $ 550,072
5
CITY OF ROANOKE, VIRGINIA
MARKET BUILDING FUND
COMPARATIVE STATEMENT OF REVENUES AND EXPENSES
FOR THE SIX MONTHS ENDED DECEMBER 31, 2008
(UNAUDITED)
FY 2009
FY 2008
Operatina Revenues
Charges for Services
$
113,397
$
133,180
Total Operating Revenues
113,397
133,180
Operatina Expenses
Other Services and Charges
Depreciation
332,063
50,789
94,412
47,408
141,820
Total Operating Expenses
382,852
Operating Loss (269,455) (8,640)
Nonoperatina Revenues
Investment Income 2,898 16,220
Miscellaneous 88 19
Net Nonoperating Revenues 2,986 16,239
Profit/(Loss.) Before Transfers & Contributions (266,469) 7,599
Transfers and Contributions
Transfer in from Capital Projects Fund 148,917
Transfer In from General Fund 17,500 18,070
Net Transfers and Contributions 17,500 166,987
Change in Net Assets $ (248,969) $ 174,586
6
CITY OF ROANOKE, VIRGINIA
CITY TREASURER'S OFFICE
GENERAL STATEMENT OF ACCOUNTABILITY
FOR THE MONTH ENDED DECEMBER 31, 2008
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, 2008.
BALANCE AT
NOV 30, 2008
CONSOLIDATED FUNDS $84,320,923.03
RECEIPTS
$49,662,820.29
BALANCE AT
DISBURSEMENTS DEC 31, 2008
$33,265,166.20 $100,718,577.12
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 ENDING DECEMBER 31, 2008. THAT SAID FOREGOING:
CASH
. CASH IN HAND
CASH IN BANK
INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS:
WACHOVIA OVERNIGHT SWEEP ACCOUNT
LOCAL GOVERNMENT INVESTMENT POOL
':SUNTRUST INSTITUTIONAL MONEY MARKET
U. S. AGENCIES
VIRGINIA AIM PROGRAM (U. S. SECURITIES)
VIRGINIA SNAP PROGRAM (U. S. SECURITIES)
TOTAL
$11,201.30
276,346.07
199,000.00
23,643,776.86
6,867,246.88
14,500,000.00
8,497,165.89
46,723,840.12
$100,718,577.12
JANUARY 15, 2009
7
BALANCE AT
DEC 31, 2007
$73,213,535.58
Revenue Source
State Sales Tax
Grants-in-Aid Commonwealth
Grants-in-Aid Federal Government
Charges for Services
Interest On Investments
Transfer from Other Funds
Total
CITY OF ROANOKE, VIRGINIA
SCHOOL FUND
(UNAUDITED)
STATEMENT OF REVENUE
Year to Date for the Period
July 1 - Dec 31 July 1 - Dec 31 Percentage
2007-2008 2008-2009 of Change
$ 3,957,375 $ 3,988,961 0.8 %
25,649,871 26,814,101 4.5 %
116,512 44,548 -61.8 %
559,048 1,413,331 152.8 %
127,477 55,401 -56.5 %
31,560,854 31,673,730 0.4 %
$ 61,971,137 $ 63,990,072 3.3 %
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
Year to Date for the Period
July 1 - Dec 31 July 1 - Dec 31 Percentage Unencumbered
EXDenditures 2007 -2008 2008-2009 of Change Balance
Instruction $ 43,997,839 $ 44,638,843 1.5 % $ 56,459,278
General Support 3,706,273 5,026,007 35.6 % 5,299,858
Transportation 2,751,923 3,507,380 27.5 % 3,870,372
Operation and
Maintenance of Plant 8,930,107 6,997,097 -21.6 % 7,043,098
Facilities 3,157,094 511,475 -83.8 % 465,236
Other Uses of Funds 6,481,114 5,593,433 -13.7 % 4,711,144
Total $ 69,024,350 $ 66,274,235 -4.0 % $ 77,848,986
Current Fiscal Year
Percent of
Revenue
Estimate
Received
31.4 %
42.4 %
29.7 %
29.8 %
0.0 %
50.0 %
44.4 %
$
Revised
Revenue
Estimates
12,686,049
63,203,229
149,800
4,736,682
63,347,461
$ 144,123,221
Current Fiscal Year
Revised
Appropriations
$ 101,098,121
10,325,865
7,377,752
14,040,195
976,711
10,304,577
$ 144,123,221
Note: Changes in the chart of accounts upon implementation of a new accounting system impacts current year versus prior
year comparability.
8
Percent of
Budget
Obligated
44.2 %
48.7 %
47.5 %
49.8 %
52.4 %
54.3 %
46.0 %
CITY OF ROANOKE PENSION PLAN
STATEMENT OF CHANGES IN PLAN NET ASSETS
FOR THE SIX MONTHS ENDED DECEMBER 31, 2008
(UNAUDITED)
FY 2009 FY 2008
Additions/(Reductions) :
Employer Contributions $ 5,909,902 $ 5,622,974
Investment Income
Net Depreciation in Fair Value of Investments (79,765,769) (5,876,773)
Interest and Dividend Income 4,964,362 9,420,162
Total Investment Income (Loss) (74,801,407) 3,543,389
Less Investment Expense 127,498 53,941
Net Investment Income (Loss) (74,928,905) 3,489,448
Total Additions/(Reductions) $ (69,019,003) $ 9,112,422
Deductions
Benefits Paid to Participants
Administrative Expenses
Total Deductions
$ 13,012,150
291,233
13,303,383
$ 12,371,218
288,717
12,659,935
Net Decrease
(82,322,386)
(3,547,513)
Net Assets Held in Trust for Pension Benefits:
Fund Balance July 1
Fund Balance December 31
344,383,415
$ 262,061,029
378,571,495
$ 375,023,982
Note: Increase in employer contributions due to change in method utilized for the accrual
of retirement contributions at the end of the prior fiscal year. Required contribution rate
deceased by approximately 2%.
9
CITY OF ROANOKE PENSION PLAN
STATEMENT OF PLAN NET ASSETS
DECEMBER 31 ,2008
(UNAUDITED)
FY 2009 FY 2008
Assets
'Cash $ 1,161,245 $ 862,316
Investments, at Fair Value 263,361,110 376,495,856
Due from Other Funds 1,613 3,835
Total Assets $ 264,523,968 $ 377,362,007
Liabilities and Net Assets
Liabilities:
Due to Other Funds
Accounts Payable
$ 2,462,939
$ 2,337,784
24'1
Total Liabilities
2,462,939
2,338,025
Net Assets Held in Trust For Pension Benefits
$ 262,061,029
$ 375,023,982
10
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
February 18, 2009
CECELIA T. WEBB
Assistant Deputy City Clerk
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
I am attaching copy of Budget Ordinance No. 38364-021709 appropnatlng
funds from the Commonwealth government, and amending and reordaining
certain sections of the 2008-2009 School Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Tuesday, February 17,2009, and is in full
force and effect upon its passage.
Sincerely,
W~M.~
Stephanie M. Moon, CMC
City Clerk
SM M :ew
Attachment
pc: Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools,
P. O. Box 13145, Roanoke, Virginia 24031
Cindy H. Poulton, Clerk, Roanoke City School Board, P. O. Box 13145,
Roanoke, Virginia 24031
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Director, Management and Budget
~y
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of February, 2009.
No. 3836l~021709.
AN ORDINANCE to appropriate funding from the Commonwealth government,
amending and reordaining certain sections of the 2008-2009 School 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 2008-2009 School Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Teacher Stipends
Social Security
Transportation
Food
Instructional Resources
Materials and Supplies
Teacher Stipends
Social Security
Transportation
Food
Instructional Resources
Materials and Supplies
Professional Development
Teacher Stipends
Social Security
Revenues
State Grant Receipts
State Grant Receipts
302-11 0-0000-0390-322C-611 00-41129-3-01
302-11 0-0000-0390-322C-611 00-42201-3-01
302-110-0000-0390-322C-63200-43341-3-01
302-11 0-0000-0390-322C-611 00-46602-3-01
302-110-0000-0390-322C-61100-46630-3-01
302 -11 0-0000-0390-322C-611 00-46614-3-01
302-11 0-0000-0400-322C-611 00-41129-3-01
302-11 0-0000-0400-322C-611 00-42201-3-01
302-110-0000-0400-322C-63200-43341-3-01
302-11 0-0000-0400-322C-611 00-46602-3-01
302-110-0000-0400-322C-61100-46630-3-01
302 -11 0-0000-0400-322C-611 00-46614-3-01
302 -21 0-3300-0000-361 C-62140-41129-9-0 1
302 -21 0-3300-0000-361 C-62140-4220 1-9-0 1
302-000-0000-0000-322C-00000-32415-0-00
302-000-0000-0000-361 C-00000-32340-0-00
$ 6,828
522
250
250
1,000
500
5,248
402
250
250
1,000
500
9,432
722
17,000
10,154
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
t.tti~ hi. ~t)v
City Clerk. .
CITY OF ROANOKE
SCHOOL BOARD
P.O. Box 13145, ROANOKE, VA 24031 .540-853-2381 .540-853-2951
February 17, 2009
The Honorable David Bowers, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As the result of official School Board action at its February 10 meeting,
the Board respectfully requests the appropriation of the following funds:
· $17,000.00 for the Project Graduation Academic Year Academy to.
provide funds for high school instruction for seniors needing verified
credits to graduate and for sophomores and juniors who passed a class
but failed the associated SOL exam. This continuing program is one
hundred percent reimbursed by State funds.
· $10,154.00 for the Mentor Teacher Programs for Hard-to-Staff Schools
to support the division in enhancing mentor teacher .programs in
designated hard-to-staff schools. Funding is provided based on the
number of teachers with zero years of experience. This continuing
program is one hundred percent reimbursed by State funds.
The School Board thanks you for your approval of the appropriation
req u ests.
Sincerely,
c~:~
re
cc: Mr. David B. Carson,
Dr. Rita D. Bishop
Mr. Curtis D. Baker
Mrs. Margaret A. Lindsey
Ms. Darlene L. Burcham
Mr. William M. Hackworth
Mrs. Ann H. Shawver
Mrs. Yen Ha (with
accounting details)
...... "_.1.
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, SW, Suite 461
PO Box 1220
Roanoke, Virginia 24011-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
ANN H. SHAWVER, CPA
Director of Finance
February 17,2009
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice-Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable DavidB. Trinkle, Council Member
Dear Mayor Bowers and Members of City 'Council:
Subject: School Board Appropriation Request
As the result of official School Board action at its meeting on February 10, 2009, the Board
respectfully requ,ests that City Council appropriate the following funds:
· $17,000 for the Project Graduation Academic Year Academy to provide funds for high
school instruction for seniors needing verified credits to graduate and for
sophomores and juniors who passed a class but failed the associated SOL exam. This
continuing program is one hundred percent reimbursed by State funds.
· $10,154 for the Mentor Teacher Programs for Hard-to-Staff Schools to support the
division in enhancing mentor teacher programs in designated hard-to-staff schools.
Funding is provided based on the number of teachers with zero years of experience.
This continuing program is one hundred percent reimbursed by State funds.
We recommend that you concur with this report of the School Board and adopt the attached
budget ordinance to appropriate funding as outlined.
Sincerely,
/OtJ Sl\O--VJ'IiQfL
Ann H. Shawver
Director of Finance
<;:: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Stephanie M. Moon, City Clerk ,
Sherman M. Stovall, Director of Management and Budget
Rita D. Bishop, Superintendent, Roanoke City Public Schools
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-II45
STEPHANIE M. MOON,CMC E-mail: c1erk@roanokeva.gov
City Clerk
SHEU,A N. HARTMAN, CMC
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
February 3, 2009
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers 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 Cou neil,
the following matters have been or will be advertised for pu blic hearing on
Tuesday, February 17 at 7:00 p.m., in the City Council Chamber:
1) Request of John M. Oakey, Inc., to rezone property located at
5416 Airport Road, N. W., from MX, Mixed Use District, to CG,
Commercial General District, subject to certain proffered conditions.
2) Request of Harris'on Omarde and Ann Wilder to rezone the easterly
1 .64 acre portion of property located at 121 7 Peters Creek
Road, N. W., from R-7, Residential Single Family District, to RMF,
Residential Multifamily District, subject to a certain proffered
condition.
3) Proposal of the City of Roanoke to renew lease space in the City
Market Building for the operation of Burger in the Square, on a
month to .month basis, not to exceed 12 months.
4) Proposal of the City of Roanoke to renew lease space in the City
Market Building for the operation of Paradiso Cuban Restaurant, on
a month to month basis, not to exceed 12 months.
The Honorable Mayor and Members
of the Roanoke City Council
February 3, 2009
Page 2
5) Proposal of the City of Roanoke to renew lease space in the City
Market Building for the operation of Nuts and Sweet Things, on a
month to month basis, not to exceed 12 months.
6) Proposal of the City of Roanoke to renew lease space in the City
Market Building forthe operation ofZorba's Restaurant, on a month
to month basis, not to exceed 12 months. '
7) Consideration of the conveyance of an approximately .84-acre parcel
located in the South Jefferson Redevelopment Area to Carilion
Health Systems.
Please let me know if you would like to receive copy of the City Planning
Commission reports pertaining to Items 1 and 2.
Sincerely,
l*f1~
Steptianie M. Moon, CMC
City Clerk
SMM:ew
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
21~ Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
February 18, 2009
CECELIA T. WEBB
Assistant Deputy City Clerk
James F. Douthat, Attorney
Woods Rogers, PLC
10 S. Jefferson Street, #1400
Roanoke, Virginia 24011
Dear M r. Douthat:
I am enclosing copy of Ordinance No. 38365-021709 rezoning property located
at 5416 Airport Road, N. W., Official Tax Map No. 6640108, from MX, Mixed
Use District, to CG, Commercial General.District, subject to certain conditions
proffered by the petitioner, as set forth in the Zoning Amended Application
No.1 dated December 16, 2008.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Tuesday, February 17, 2009, and is in full
force and effect upon its passage.
Sincerely,
t.-tt1~ hi. ~
Stephanie M. Moon, CMC
City Clerk
SM M :ew
Enclosu re
James F. Douthat, Attorney
February 18, 2009
Page 2
pc: A & M Enterprises, LP, 5536 Airport Road, N. W., Roanoke, Virginia
24012
Mr. and Mrs. Billy Raines, 5408 Airport Road, N. W., Roanoke, Virginia
24012
Chesapeake and Potomac Telephone, 5515 Airport Road, N. W., Roanoke,
Virginia 24012
Roanoke County Planning Department, P. O. Box 29800, Roanoke,
Virginia 24018
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, City Engineer
Martha P. Franklin, Secretary, City Planning Commission
,c(1loDf
?\\1r'~l)
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of February, 2009.
No. 3836~-021709.
AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as
amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5,
2005, as amended, to rezone certain property within the City, subject to certain conditions
proffered by the petitioner; and dispensing with the second reading of this ordinance by
title.
WHEREAS, John M. Oakey, Inc., represented by James F. Douthat, Esquire, has
made application to the Council of the City of Roanoke, Virginia ("City Council"), to
have the property located at 5416 Airport Road, N.W., bearing Official Tax No. 6640108,
rezoned from MX, Mixed Use District, to CG, Commercial General District, subject to
certain conditions;
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended,
and after conducting a public hearing on the matter, has made its recommendation to City.
Council;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on February 17, 2009, after due and timely notice thereof as required by 936.2-
540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in
interest and citizens were given an opportunity to be heard, both for and against the
proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to City Council by the Planning Commission, the City's
O-Oakey-rezone with proffers.doc
1
Comprehensive Plan, and the matters presented at the public hearing, finds that the public
necessity, convenience, general welfare and good zoning practice, require the rezoning of
the subject property, and for those reasons, is of the opinion that the hereinafter described
property should be r,ezoned as herein provided.
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 Officiaf Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect that Official Tax No. 6640108 located at 5416 Airport
Road, N.W., be, and is hereby rezoned from MX, Mixed Use District, to CG,
Commercial General District, subject to certain conditions proffered by the petitioner, as
set forth in the Zoning Amended Application No.1 dated December 16,2008.
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.
,~ t
O-Oakey-rezone with proffers.doc
2
Architectural Review Board
Board of Zoning Appeals
Planning Commission
CITY OF ROANOKE
PLANNING BUILDING
& ECONOMIC DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning@roanokeva.gov
February 17, 2009
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
Request from John M. Oakey, Inc., represented by James F.
Douthat, Esquire, that property located at 5416 Airport Road,
N.W., Official Tax No. 6640108, be rezoned from MX, Mixed
Use District, to CG, Commercial General District, subject to
the following conditions: that the property be developed
in substantial conformity with the development plan prepared
by Parker Design Group, revised 12/15/08, subject to any
changes required by the City during comprehensive
development plan review; that only the following uses be
permitted: medical clinic; office, general or professional;
funeral home; personal service establishment; (3) that any
freestanding sign erected shall have maximum sign area of
32 square feet and maximum sign height of six feet; any
building mounted sign shall have maximum sign area of 32
square feet; and electronic reader boards shall be prohibited,
for the purpose of allowing a funeral home and crematory for
pets.
Planning Commission Hearing and Recommendation
Planning Commission public hearing was held on Thursday, January 15, 2009.
By a vote of 7-0, the Commission recommended approval, finding the application
to rezone the subject property to be consistent with the City's Zoning Ordinance,
Comprehensive Plan, and the Williamson Road Area Plan. The proposal allows
the expansion of the scope of services provided by an existing local business
and makes physical improvements to a site that will provide an improved
transition between residential and commercial uses.
Members of City Council
Page 2
February 17, 2009
Respectfully submitted,
JO./~~
D. Kent Chrisman, Chairman
City Planning Commission
cc: Darlene L. Burcham, City Manager
R. Brian Townsend, Assistant City Manager
William M. Hackworth, City Attorney
Applicant
Members of City Council
Page 3
February 17, 2009
Application Information
Request: Rezoning, Conditional
Owner: P & J1 LLC
Applicant: John M. Oakey
Authorized Agent: James F. Douthat, Esq.
City Staff Person: Maribeth B. Mills
Site Address/Location: 5416 Airport Road N.W.
Official Tax Nos.: 6640108
Site Area: 0.4261 acres
Existing Zoning: MX, Mixed Use District
Proposed Zoning: CG, Commercial General with conditions
Existing Land Use: Office, general or professional
Proposed Land Use: Funeral home
Neighborhood Plan: Williamson Road Area Plan
Specified Future Land Use: Airport Development
Filing Date: Original Application: December 3, 2008; Amended
Application: December 16,2008
Background
The applicant is requesting to rezone the subject property to establish a funeral
home for small pets. Physical improvements to the site would include a 1,150
square foot, one-story addition to the rear of the existing building for a
crematorium and additional parking to the side and rear of the property. The
1,302 square foot existing building would include a reception area, three viewing
rooms, an office, and a bathroom.
Condition Proffered by the Applicant
The applicant requests that the following proffered conditions be adopted as they
pertain to Official Tax Nos. 6640108:
1. The property shall be developed in substantial conformity with the
Development Plan attached to this application and prepared by Parker
Design Group, revised December 15, 2008, subject to any changes
required by the City during comprehensive development plan review.
2, Only the following uses shall be permitted:
a. Medical clinic
b. Office, general or professional
c. Funeral home
d. Personal service establishment
Members of City Council
Page 4
February 17, 2009
3. Any freestanding sign erected on the subject property shall have a
maximum sign area of 32 square feet with a maximum sign height of 6
feet. Any building mounted sign erected on the subject property shall
have a maximum sign area of 32 square feet.
4. Electronic readerboards, as defined by Section 36.2-662 (Definitions),
Zoning, of the Code of the City of Roanoke, shall be prohibited on the
subject property.
Considerations
Surroundinq Zoninq and Land Use:
Zoning District Land Use
North AD, Airport Development District Motor vehicle rental
establishment, with
inventory on-site
South MX, Mixed Use District Single-family dwellinq.
East C2, General Commercial District (Roanoke General Office
County)
West AD, Airport Development District Vacant
Compliance with the Zoninq Ordinance:
The applicant has proffered numerous physical improvements to bring the site
into compliance with the Zoning Ordinance or to mitigate potential conflicts with
the adjoining residential property to the south as follows:
1. Two large deciduous street trees in the front yard to comply with Section
36.2-645 of the Zoning Ordinance.
2. Five foot pedestrian path from the front entrance to the edge of the public
right-of-way to comply with Section 36.2-314(e) of the Zoning Ordinance.
3. Signage will remain consistent with the requirements of the MX District
including a maximum sign area of 32 square feet, maximum sign height of
six feet, and no electronic readerboards.
4. List of permitted uses limited to funeral home, office, medical clinic, and
personal service establishment. All but the funeral home are permitted
under the property's current MX zoning designation.
5. Demolition of the majority of the front parking area abutting the residential
property and relocation to the side and rear of the building abutting the
motor vehicle rental establishment. This configuration will reduce the
level of nonconformity with Section 36.2-654(d)(2) of the Zoning
Ordinance, which requires that parking be located to rear and side of the
principle building in the CG District.
6. Extension of a six foot screen from the rear property line to the front
building line of the existing building to visually separate the business from
Members of City Council
Page 5
February 17, 2009
the residence. Typically, this buffer would only have to extend to the edge
of any new construction.
The applicant is proposing ten parking spaces, plus one designated for
handicap use. For a funeral home with the largest viewing room containing
20 seats, a minimum of five spaces and a maximum of eight spaces are
required. The applicant has chosen to take advantage of Section 36.2-653(c)
of the Zoning Ordinance, which allows the maximum to be exceeded if the
additional spaces are constructed of permeable pavers. Staff recognizes the
need for additional parking because of the relatively small number of spaces
required by the zoning ordinance. The site does not have on-street parking or
access to transit (the closest bus stop is more than 1,200 feet away at
Crossroads Mall).
Conformity with the Comprehensive Plan and Neiqhborhood Plan:
The subject property is designated as airport development on the future land use
map of the Williamson Road Area Plan. Because of its small size, the probability
of this parcel developing individually for an airport-related use is low. Such
development would more likely occur in conjunction with surrounding parcels. In
the interim, the conversion of this property to a funeral home is appropriate to the
site's physical conditions and as a transition to surrounding uses. The proposed
changes to the site fulfill many of the design guidelines of the Williamson Road
Area Plan as listed below.
The following policies of Vision 2001-2020 are relevant in the consideration of
this application:
· ED P6: Commercial development. Roanoke will encourage commercial
development in appropriate areas (i.e., key intersections and centers of
Roanoke to serve the needs to citizens and visitors.
The following policies of the Williamson Road Area Plan are relevant in the
consideration of this application:
. Community Design Policies:
o Commercial zoning: General commercial and light industrial zoning
will be limited within the area to locations where existing land uses and
scale of development reflect the purpose of those zoning districts.
o Parking: Parking is recognized as a necessity, but must not be
allowed to dominate any development. Parking lots should be located
to the rear or side of buildings. The number of spaces provided should
be limited to that which is needed for typical demands (rather than
peaks) and consider the availability of on-street parking spaces.
. Economic Development Policies:
o Signs: Sign clutter will be reduced by encouraging signs to be located
on buildings rather than on freestanding structures. Where
freestanding signs are used, they swill be limited to appropriate heights
and sizes.
Members of City Council
Page 6
February 17, 2009
. Transportation Policies:
o Encourage the reduction in the number and size of curb cuts.
. Quality of Life Policies:
o Tree canopy will be increased to 40%, consistent with the overall goal
for Roanoke as established by the Urban Forestry Plan.
Conformity with the Williamson Road Area Plan Commercial Design Guidelines:
Design Guidelines: Application's Conformity:
Limit the number of parking spaces. The maximum parking requirement will
Base the number of parking spaces on be exceed by the two spaces which will
typical, rather than peak, demands. be constructed of permeable pavers.
Overflow parking areas can be paved This will still only result in total of 11
with grass paving systems. spaces, one being handicap.
Locate parking to the side and rear of The front circular drive and parking
buildings. area will be removed and replaced with
parking to the side and rear of the
building. Two spaces will be
maintained within the existing asphalt
of the circular drive.
Put trees within and around parking A 20-year tree canopy equaling 10
areas. percent of the total square footage of
the parkinq area must be provided.
A void fencing the front. The 6' screen will not extend into the
front yard. This will provide a buffer
between the proposed funeral home
and neighboring residence, while
maintaining visibility.
Control vehicular access. With no on- The two curb cuts servicing the circular
street parking available, it is expected drive will be removed and /eplaced with
that vehicular access will be provided. one, 24 foot, two-way drive.
Curb cuts should be limited in number
and size.
Plant trees. The applicant has proffered to plant
two large deciduous trees in the front
yard. Other trees will be required
around the new parking area as
discussed above.
Remove asphalt and replace it with The majority of the existing circular
landscaping or buildings. drive and parking area located in front
of the existing building will be removed
and seeded.
Outside Aqencv Comments: None.
Planninq Commission Public Hearinq:
Members of City Council
Page 7
February 17,2009
The following questions were posed by the Planning Commission at their
January 15th public hearing:
1. Mr. Rife asked if the cremation process produced any smoke, fumes, or
odors. The applicant responded that it did not and that the process was
closely monitored by the Department of Environmental Quality.
2. Mr. Rife asked the hours of operation. The application responded that the
funeral home would be open from 8:00 am to 5:00 pm, Monday through
Friday, and half a day on Saturday.
.,..--'
AHENDED
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ROANOKE
Department of Planning, Building and Development
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, S.w.
Roanoke, Virginia 24011
Phone: (540) 853-1730 Fax: (540) 853-1230
Click Here to Print
I
I
Date: I December' 16,2008 I
t~~I!~!~~~!,!~,~!o!l:fE~~!!Z~j!!~!lili .
o Rezoning, Not Otherwise Listed
[1i Rezoning, Conditional
o Rezoning to Planned Unit Development
o Establishment of Comprehensive Sign Overlay District
~~~i!:~'~W!!~~'~~I!:'f;~1;
Address: I 5416 Airport Road N. W.
Official Tax No(s).: I 6640108
Submittal Number: L F\ f'('e... ('\ ~ \'re. f\.\-- ::L
o Amendment of Proffered Conditions
o Amendment of Planned Unit Development Plan
o Amendment of Comprehensive Sign Overlay District
Existing Base Zoning: I
(If muhiple zones, please manually enter all d~tricts.) . MX Mixed Use D is t r i c t
Ordinance No(s). for Existing Conditions (If applicable): I
Requested Zoning: I CG commercial-/ Proposed Land Use:
1 General .
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Name: I P&J 1 LLC
I 0 With Conditions
[lg Without Conditions .
Funeral Home
....
Vinton. VA 24179
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I Phone Number: I 353 - 888 9
I E-Mail: lcornrltr@cox.net
I
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Name:
Address:
I Phone Number: I 9R? _? 100
E-Mail: /mspessard@oakeys. eon}
Tnnn M O~kpy, Tnr
Name:
James F. Douthat, Esq.
I Phone Number: I 983-7662
Address:
E-Mail: I douthat@woodsrogers .Ieorn
......~.
Oakey's Funeral Service was established in 1866, and Sammy Oakey is the finn's fifth
generation president. In today's environment of funeral home consolidators, Oakey's is
very proud to still be family owned and operated.
Many families in our community have a companion pet and they care for that pet just as
they do for other members of their family. With the lack of a pet funeral home in this
area, Oakey's desires to provide a separate facility and staff specifically for families who
have lost a pet. This would provide a place for pet parents to bring their pets and to be
recognized that they have experienced a significant loss.
Our goal is to open and operate a pet funeral home and crematory for the Roanoke
Valley Oakey's would serve pet owners with the same care, dignity and respect that
they do with human remains. They would assist the family in making funeral
arrangements and in the selection of burial merchandise or, if the family requests,
perfonn the cremation of the pet. This facility would also be open during normal
business hours for pet parents to bring their deceased pet. We will also provide a room
where the pet family can meet and view again before the disposition of their pet.
Oakey's would also offer cremation services at this facility They would allow pet
parents the opportunity to view their pet being placed in the retort if they so choose.
These services would be offered directly to the public and through local veterinarians.
We will be offering cremation of individual pets and the cremains will be returned to the
owners for burial or other disposition. Pets that are received from veterinarian's offices
will be cremated according to established veterinary guidelines.
Oakey's would have available for selection such items as pet caskets, urns, memorial
keepsakes, picture frames, plaques, markers, DVDs, and other various and sundry items.
Oakey's would not operate a cemetery at the present time but would prepare the pet for
burial by placing the pet in a casket selected by the family The pet could then be buried
on the owner's property, if allowed, or a cemetery which allows pet burials. We would
also have available literature on dealing with the loss of a pet.
We acknowledge the significant loss an individual feels at the time of death of the
companion pet family member Our goal is to provide total care for the deceased pet and
offer support to the pet family We will treat each pet with the care and dignity they
deserve.
Adjoining Property Owners
Parcel 6640108
6640107 A&M Enterprises LP
30 W. Franklin Rd., #800
Roanoke, VA 24011
6640109 Billy E. Raines, Jr.
Elizabeth J Raines
5408 Airport Rd., NW
Roanoke, V A 24012
6640112 City of Roanoke
215 Church Ave., SW
Room 250
Roanoke, V A 24011
038.14-01-06.00-0000 Chesapeake & Potomac Telephone
5515 Airport Rd.
Roanoke, V A 24012
038.14-01-07.00-0000 William M. Turner
Betty J Turner
5417 Airport Rd. I
Roanoke, V A 24012
{#J 141420-1, 999-999}
Proffered Conditions
The applicant requests that the following proffered conditions be adopted as they pertain to
Official Tax No. 6640108
1. The property shall be developed in substantial conformity with the Development Plan
attached to this application and prepared by Parker Design Group, revised December 15, 2008,
subject to any changes required by the City during comprehensive development plan review.
2. Only the following uses shall be permitted:
a. Medical Clinic
b. Office, General or Professional
c. Funeral Home
d. Personal Service Establishment
3. Any freestanding sign erected on the subject property shall have a maximum sign
area of 32 square feet with a maximum sign height of 6 feet. Any building mounted sign erected
on the subject property shall have a maximum sign area of 32 square feet.
4. Electronic readerboards, as defined by Section 36.2-662 (Definitions), Zoning, of
the Code of the City of Roanoke, shall be prohibited on the subject property.
{#1143853-I,999-999}
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AFFIDAVIT PERTAINING TO THE REZONING REQUEST OF:
P&J1 LLC and John M. Oakey, Inc., for property at 5416 Airport Road
from MX to Co, with conditions
)
)AFFIDAVIT
COMMONWEALTH OF VIRGINIA
)
) TO- WIT:
)
CITY OF ROANOKE
The affiant, Martha 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 29th day of
December, 2008, notices ofa public hearing to be held on the 15th day of January, 2009,
on the request captioned above to the owner or agent of the parcels as set out below:
Tax No.
Name
Mailing Address
6640107
A & M Enterprises, LP
5536 Airport Road, NW
Roanoke, VA 24012
6640109
Billy and Elizabeth Raines
5408 Airport Road, NW
Roanoke, VA 24012
6640112
City of Roanoke
Roanoke
County
Chesapeake and Potomac Telephon~ 15 Airport Road
Roanoke, VA 24012
Also Notified: Roanoke County Planning Department, POBox 29800, Roanoke, VA
24018
fl;0A4t~ L ?i'~
Martha Pace Franklin .
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 29th day of December, 2008.
~J4U /fbd;J
Notary Public
My Commission Expires:
IJ /3()/ d{) 1::<
I '
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
JAMES DOUTHAT
P. O. BOX 14125
C/O WOODS, ROGERS &
ROANOKE VA 24038
REFERENCE: 80095560
11273007
NPH-John Oakey-Rezon
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
Virginia. Sworn and subscribed before me this
__l~~_day of Feb 2009. Witness my hand and
official seal.
\?v.,-......... \n.~-~ '---- Notary Public
My~~~i~=_J~~~~lt____.
PUBLISHED ON:
02/02 02/09
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TOTAL COST:
FILED ON:
511. 68
02/09/09
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i fROf PUBL~f ....
I I ' ,HEARING, I
I I The Council of the City ofl
,Roanoke will hold a public'
I 'hearing on Tues;day,
!February 17, 2009, at 7:00 I
I 'I'P.m., or'as soon theieafter
I as the matter may be heard,
l'ln the Council Chamber,
I ,fourth floor, in the Noel C,
I'TaYlor Municipal Building,
I 215 Church Avenue, S,W.,
!Roa.nokej Virginia, to,
I cons,der the following:
, Request from John M.
I ,Qakey, Inc., represented'by
I James F. Douthat, Esquire,
that property located at
I 5416, Airport Road,N.W.,
Official Tax No. 6640108, be
I rezoned from MX, Mixed Use I
District, to CG, Commercial i
I General District, subject to '
the following conditions: (1)'
I that the prope,rty be,
developed ip substantiall
I conformity with thel
development plan prepared!
I by Parker Design Group,l
revised December 15; 2008 :
I subject to any changes,
required by the City during,
I comprehensive development I
I plan review; (2) that only the I
following uses shall be;
I permitted: medical clinic;:
office, general or'
I professional; funeral home;'
personal service:
I establishment; (3) that any
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I
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I
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freestanding sign erected'
shall have maximum sign
area of 32 square feet and
maximum sign height of six I
feet, and any building'
mounted sign shall have\
maximum sign area of 32:
square feet; and ,(4) that'
electronic reader boards
shall be prohibited, for the
,purPose of allowing a funeral
hO,me and crematory for
pets. ' ,
A copy of the application Is
available for review in the
Office of the City Clerk,
Room 456. Noel C. Taylor
Municipal Building, 215
Church Avenue, S,W.,
Roanoke, Virginia. , ' /
I -All parties In Inter~st and I
I citizens may appear on the I
above date and be heard on ,
the matter. If you are a
person with a disability who '
. needs accommodations for
this hearing, please contact
the City Clerk's Office, at
853-2541, before noon on
the Thursday before the date
of the hearing listed above,
GIVEN under my hand,this
29th day of January, 2009,
, Stephanie M. Moop, CMC
City Clerk.
(11273007)
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Authorized ~-
Signature'_;l~~_
Billing Services Representative
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NOTICE OF PUBLIC HEARING
The Council of the City of Roanoke will hold a public hearing on Tuesday, February 17,
2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth
floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia, to
consider the following:
Request from John M. Oakey, Inc., represented by James F. Douthat, Esquire,
that property located at 5416 Airport Road, N.W., Official Tax No. 6640108,
be rezoned from MX, Mixed Use District, to CG, Commercial General
District, subject to the following conditions: (l) that the property be
developed in substantial conformity with the development plan prepared by
Parker Design Group, revised December 15, 2008, subject to any changes
required by the City during comprehensive development plan review; (2) that
only the following uses shall be permitted: medical clinic; office, general or
professional; funeral home; personal service establishment; (3) that any
freestanding sign erected shall have maximum sign area of32 square feet and
maximum sign height of six feet, and any building mounted sign shall have
maximum sign area of 32 square feet; and (4) that electronic reader boards
shall be prohibited, for the purpose of allowing a funeral home and crematory
for pets.
A copy ofthe application is available for review in the Office ofthe City Clerk, Room 456,
Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia.
All parties in interest and citizens 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 hearing, please contact the
City Clerk's Office, at 853-2541, before noon on the Thursday before the date ofthe hearing listed
above.
GIVEN under my hand this 29thdayof January ,
,2009.
Stephanie M. Moon, CMC
City Clerk.
John Oakey-rezone with protTers.doc
Notice to Publisher:
Publish in the Roanoke Times on Monday, February 2,2009, and Monday, February 9,2009.
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
John Oakey-Rezone with proffers,doc
Send Bill to:
James Douthat, Esquire
Woods Rogers PLC
10 S. Jefferson Street, Suite 1400
Roanoke, Virginia 24011
(540) 983-7662
douthat@woodsrogers.com
CITY OF ROANOKE
OFFICE OF THE CITY CLERK ,
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
January 30, 2009
CECELIA T. WEBB
Assistant Deputy City Clerk
James F. Douthat, Attorney
Woods Rogers, PLC
10 S. Jefferson Street, #1400
Roanoke, Virginia 24011
Dear Mr. Douthat:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the
City of Roanoke on Monday, April 6, 1981, I have advertised a pu blic hearing for
Tuesday, February 17, 2009, at 7:00 p.m., or as soon thereafter as the matter
may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., on the request of John M. Oakey, Inc., to
rezone property located at 5416 Airport Road, N. W., from MX, Mixed Use
District, to CG, Commercial General District, subject to certain proffered
conditions.
For your information, I am enclosing copy of a notice of public hearing. Please
review the document and if you have questions, 'you may contact Steven J.
Talevi, Assistant City Attorney, at 540-853-2431.
It will be nece~sary for you, or your representative, to be present at the
February 17 public hearing. Failure to appear could result in a deferral of the
matter until a later date.
Sincerely,
~ tn. yYjOo-N
Stephanie M. Moon, CMC"--
City Clerk
SMM:ew
Enclosu re
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
January 30, 2009
A & M Enterprises, LP
Chesapeake and Potomac Telephone
Mr. and Mrs. Billy Raines
Roanoke County Planning Department
Ladies and Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the
City of Roanoke on Monday, April 6, 1981 , I have advertised a pu blic hearing for
Tuesday, February 17, 2009, at 7:00 p.m., or as soon thereafter as the matter
may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, on the request of John M.
Oakey, Inc., to rezone property located at 5416 Airport Road, N. W., from MX,
Mixed Use District, to CG, Commercial General District, subject to certain
proffered conditions.
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
540-853-1 730.
If you would like to receive a copy ofthe report of the City Planning Commission,
please call the City Clerk's Office at 540-853-2541.
Sincerely,
~In.~~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
February 18, 2009
Mr. Jerome D. Henschel
1317 Peters Creek Road, N. W.
Roanoke, Virginia 24017-2545
Dear Mr. Henschel:
I am enclosing copy of Ordinance \ No. 38366-021709 rezoning a easterly
1 .64-acre portion of property located on 1217 Peters Creek Road, N. W., Official
Tax Map No. 2770801, from R-7, Residential Single Family District, to RMF"
Residential Multifamily District, subject to a certain condition proffered by the
petitioners, as set forth in the Zoning Amended Application No.2 dated
January 12, 2009.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Tuesday, February 17,2009, and is in full
force and effect upon its passage.
Sincerely,
A~fY).~
Stephanie M. Moon, CMC
City Clerk
SM M :ew
Enclosu re
Jerome D. Henschel, Architect
February 18, 2009
Page 2
pc: Ms. Ledena Dillon, 4224 Vermont Avenue, N. W., Roanoke, Virginia
24017
Mr. W. D. McGalliard, 1 ~26 Bridle Lane, S. W., Roanoke, Virginia 24018
Peters Creek Properties, LLC, 3526 Brymoor Road, S. W., Roanoke,
Virginia 24018 ,
Mr. and Mrs. Bobby D. Radford, 4548 Lewiston Street, N. W., Roanoke,
Virginia 24017
Mr. Winston L. Underwood, 5114 Winter Park Drive, S. W., Roanoke,
Virginia 24018
Trustees of St. Mary's, 1214 Peters Creek Road, N. W., Roanoke, Virginia
24017 ' ,
J. B. Rappaport Trustee, 3401 West Ridge Road, S. W., Roanoke, Virginia
24014
Mr. William W. Manning and Ms. Debra L. Bratcher, Trustees, 3114 Belle
Avenue, N. E., Roanoke, Virginia 24012
Mr. Gerald B. Buchanan, 4225 Vermont Avenue, N. W., Roanoke, Virginia
24017
Mr. E. L. Creech, III, Trustee, 1411 Harpers Road, Virginia Beach, Virginia
23545
Mr. and Mrs. Robert Harris, P. O. Box 19635, Roanoke, Virginia 24019
Mr. Anthony I. Lawson, 2130 Garstland Drive, N. W., Roanoke, Virginia
24017
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Susan S. Lower, Director, Real Estate Valuation
Philip C. Schirmer, City Engineer
Martha P. Franklin, Secretary, City Planning Commission
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of February, 2009.
No. 38366-021709.
AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as
amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5,
2005, as amended, to rezone certain property within the City, subject to a certain
condition proffered by the petitioners; and dispensing with the second reading of this
ordinance by title.
WHEREAS, Harrison Omarde and Ann Wilder, represented by Jerome Henschel,
Architect, have made application to the Council of the City of Roanoke, Virginia ("City
Council"), to have the easterly 1.64 acre portion of property located at 1217 Peters Creek
Road, N.W., bearing Official Tax No. 2770801, rezoned from R-7, Residential Single
Family District, to RMF, Residential Multifamily District, subject to a certain condition;
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended,
and after conducting a public hearing on the matter, has made its recommendation to City
Council;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on February 17, 2009, after due and timely notice thereof as required by 936.2-
540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in
interest and citizens were given an opportunity to be heard, both for and against the
proposed rezoning; and
l
WHEREAS, . this Council, after considering the aforesaid application, the
recommendation made to City Council by the PlaIming Commission, the City's
O-Omarde and Wilder-rezone with proffers,doc
1
Comprehensive Plan, and the matters presented at the public hearing, finds that the public
necessity, convenience, general welfare and good zoning practice, require the rezoning of
the subject property, and for those reasons, is of the opinion that the hereinafter described
property should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.2-100, Code of the City of Roanoke (1-979), as amended, and
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect that the easterly 1.64 acre portion of Official Tax No.
2770801 located at 1217 Peters Creek Road, N.W., be, and is hereby rezoned from R-7,
Residential Single Family District, to RMF, Residential Multifamily DistriCt, subject to a
certain condition proffered by the petitioners, as set forth in the Zoning Amended
Application No.2 dated January 12, 2009.
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading ofthis ordinance by title is hereby dispensed with.
ATTEST:
~m.~
City Clerk. '
O-Omarde and Wilder-rezone with proffers,doc
2
CITY OF ROANOKE
PLANNING BUILDING
& ECONOMIC DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning@roanokeva.gov
Architectural Review Board
Board of Zoning Appeals
Planning Commission
February 17, 2009
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
Request from Harrison Omarde and Ann Wilder, represented
by Jerome Henschel, Architect, to rezone the easterly 1.64
acre portion of property at 1217 Peters Creek Road, N.W.,
Official Tax No. 2770801, from R-7, Residential Single
Family District, to RMF, Residential Multifamily District,
subject to the condition that the property be developed in
substantial conformity with a proposed site development
plan, dated November 18, 2008, amended December 19,
2008 and January 12, 2009, for the purpose of constructing
a rowhouse development of 11 condominium units.
Planning Commission Action:
Planning Commission public hearing was held on Thursday, January 15, 2009.
By a vote of 3-4 (Messrs. Chrisman and Rife and Ms. Katz voting for, and Mrs.
Penn, and Messrs. Scholz, Van Hyning and Williams voting against) the motion
failed. Planning Commission comment is summarized at the end of this report.
Respectfully submitted,
[),~ ~~
D. Kent Chrisman, Chairman
City Planning Commission
cc: Darlene L. Burcham, City Manager
R. Brian Townsend, Assistant City Manager
William M. Hackworth, City Attorney
Applicant
Members of City Council
Page 2
February 17, 2009
Application Information
Request: Rezoning, Conditional
Owner: Harrison Omarde & Ann Wilder
Authorized Agent: Jerome Henschel, Architect
City Staff Person: Maribeth B. Mills
Site Address/Location: 1217 Peters Creek Road NW
Official Tax Nos.: Portion of 2770801
Site Area: 1.64 Acres
Existing Zoning: R-7, Residential Single-Family and River and Creek
Corridor Overlay District
Proposed Zoning: RMF, Residential Multifamily with conditions and River
and Creek Corridor Overlay District
Existing Land Use: Single-family dwelling
Proposed Land Use: Townhomes
Neighborhood Plan: Peters Creek North Neighborhood Plan
Specified Future Land Use: Single-family residential
Filing Date: Original Application: November 18, 2008; Amended
Application NO.1: December 19, 2008; Amended
Application NO.2: January 12, 2009
Background
The request is to rezone a 1.64 acre portion of Official Tax No. 2770801 for the
construction of eleven one-story townhouse units. The residual 1.98 acre portion
would remain R-7, preserving the circa 1884 single-family dwelling and
accessory garage. The circa 1925 bungalow located to the rear of the property is
to be demolished or relocated on-site. Each dwelling would be located on a unit
lot with two parking spaces off of a private driveway lined with sidewalk and
eleven large deciduous trees. Access would be from Tyree Road along which a
four foot sidewalk, six foot planting strip, and four large deciduous trees would be
installed.
Condition Proffered by the Applicant
The applicant requests that the following proffered condition be adopted as it
pertains to the subject portion of Official Tax No. 2770801:
1. The development of the subject property shall be in substantial conformity
with the Development Plan, dated November 18, 2008, and amended
December 19, 2008 and January 12, 2009, as prepared by Jerome
Members of City Council
Page 3
February 17, 2009
Donald Henschel, PC, subject to any changes required by the City as part
of the Comprehensive Development Plan review process.
Considerations
Surroundinq Zoninq and Land Use:
Zoning District Land Use
North MX, Mixed Use District and R-7, Residential,' Medical clinic and single-
Sinqle-Family District family dwellings.
South CG, Commercial General District Motor vehicle sales and
service establishment,
used.
East R-7, Residential Single-Family District and RM-1, Single-family dwellings.
Residential Mixed Densitv District
West IN, Institutional District and MX, Mixed Use Place of worship and day
District care center, child.
Compliance with the Zoninq and Subdivision Ordinances:
The proposed development meets all requirements of the RMF District and
supplemental regulations for townhouses including density, open space, buffer
yards and parking as follows:
1. The RMF District permits a density of one unit for every 1,000 square feet
of lot area. The land area of the proposed lot would accommodate up to
71 units. The development plan proposes 11 units, resulting in a density
of one unit for every 6,500 square feet of lot area. This density is
compatible with the surrounding single-family development which has a
density of one unit for every 7,000 square feet of lot area.
2. The RMF District and townhouse regulations require 100 square feet of
useable open space per unit. The minimum requirement is 1,100 square
feet. The applicant will provide approximately 4,500 square feet of
common useable open space for the proposed development.
3. A Type C Buffer Yard will be installed along the southern property line
abutting the motor vehicle sales and service establishment.
4. An 18-foot driveway would access the development, off of which two
parking spaces would be provided for each unit.
The Subdivision Ordinance requires a four foot sidewalk, six foot planting strip
and one large deciduous tree for every 40 feet of street frontage in the R-7
District. Since the R-7 District abuts the subject property's street frontage on
both sides, it is appropriate to keep improvements consistent.
Members of City Council
Page 4
February 17, 2009
Conformity with the Comprehensive Plan and Neiqhborhood Plan:
Both Vision 2001-2020 and the Peters Creek North Neighborhood Plan
encourage a sustainable balance of housing types, sizes, prices, and densities to
meet the needs of current and future residents at all stages of their lives. The
applicant has indicated that these two-bedroom townhouse units will be marketed
to seniors - a recognized housing need in the neighborhood. The Peters Creek
Plan encourages housing for elderly residents that wish to remain in the
neighborhood but can no longer maintain a single-family dwelling.
The location is ideal for small senior units as it is just outside of an identified
commercial center within an established neighborhood. The Peters Creek Plan
encourages townhomes and apartments to be integrated, both physically and
visually, with existing residential development. The proposed town homes would
match the surrounding single-story ranch homes in both scale and density.
The applicant has also proffered to retain five existing trees and plant fifteen
large deciduous trees along Tyree Road and the proposed driveway. These
trees will improve street temperatures, visual appearance, air quality, and
stormwater management.
The following policies of Vision 2001-2020 are relevant in the consideration of
this application:
· NH P5: House choice. The City will have a balanced, sustainable range of
housing choices in all price ranges and design options that encourage social
and economic diversity throughout the City.
· EC P5. Trees. Roanoke will maintain and increase its tree canopy coverage
as a way to improve air quality. Roanoke will work regionally to promote tree
planting and tree preservation Valley-wide.
The following policies of the Peters Creek North Neighborhood Plan are relevant
in the consideration of this application:
· Residential Policies:
o Encourage development of market-rate housing in the neighborhood.
o Encourage new housing to be compatible with the existing community.
o Encourage housing for the elderly that is designed to maximize access
to nearby services and residential communities. (Action: Allow the
construction of higher-density housing where appropriate to provide
housing for elderly residents, using planned development, where
appropriate.)
o Discourage new isolated subdivisions and one-street cul-de-sacs.
o Connect new subdivisions to the existing street network.
o Provide sidewalks and pedestrian connections to existing
neighborhoods.
o Integrate new multifamily housing with the community.
o Encourage infill development to reflect the character of the surrounding
neighborhood.
Members of City Council
Page 5
February 17, 2009
. Infrastructure Policies:
o Require developers to install sidewalks and curbs at rezoning, special
exception, or subdivision stage in a manner consistent with current city
policy.
o Provide planting strips at least six feet wide when new ~idewalks and
curbs are installed.
Conformity with the Vision 2001-2020 Design Principles:
Design Principle: Application's Conformity:
New residential development should With the amount of land available for
incorporate traditional neighborhood development due to the preservation of
principles rather than suburban the existing home and associated
patterns. garage and avoiding the floodway and
floodplain, a central drive with parking
off of this drive is acceptable. Parking
in front of the dwellings has been
broken up by a planter island.
Street improvements within suburban This parcel is land locked with
neighborhoods should focus on greater insufficient width to connect the
vehicular connection, pedestrian driveway to Vermont Avenue. The
amenities, and reduction of pavements driveway's branch-type termination
width. does not preclude connection in the
future, however. A 4' sidewalk and 6'
planting strip, consistent with the
requirements of the Subdivision
Ordinance for residential
developments, will be installed along
Tyree Road and the driveway. The
driveway accessing the units is the
narrowest allowed (18') for a two-way
driveway in the RMF District.
Sidewalks should be provided on both A 4' sidewalk separated from Tyree
sides of urban residential, urban Road by a 6' planting strip will be
collector, downtown, and arterial installed along the property's street
streets. Sidewalks should be frontage. A 4' sidewalk will also be
separated from vehicle travel lanes by constructed along the driveway
street trees and on-street parking. accessinq each unit.
Planting strips, the area between the A 6' planting strip with four large
curb and a sidewalk, should be used to deciduous trees will be constructed
accommodate street trees. They along the subject property's frontage
should be provided on all urban on Tyree Road. Eleven large
residential access streets, deciduous trees will also be planted
neighborhood collectors, and most along the driveway accessing the units
arterials. which will serve a street for the
development.
Members of City Council
Page 6
February 17, 2009
Building fronts should face the street.
The primary entrance of all units will
address the private driveway which will
function as a street for this
development.
Outside Aqencv Comments: None.
Planninq Commission Public Hearinq:
The following ~uestions and comments were posed by the Planning Commission
on January 15t at their public hearing:
1. Mr. Williams stated that he was not concerned with the use or design of
the buildings, but was concerned that the development did not visually or
physically integrate into the surroundings. He noted that the front loaded
parking areas and angled townhomes did not create a desirable
relationship with the street as encouraged by the Comprehensive Plan.
Mr. Chrisman and Ms. Katz agreed. Staff responded that the buildings
and parking were placed as such due to the site's topography and that the
development was in keeping with the surrounding suburban
neighborhood.
2. Mr. Van Hyning asked if traffic volumes were available for Tyree and
Tennessee and if the entrance location had been approved by the City's
Traffic Engineer. The applicant stated that he did not have the traffic
volumes for Tyree or Tennessee and that the entrance location had been
approved by the City's Traffic Engineer and that it had been dictated by
the terrain.
3. Mr. Rife stated that he felt the development was in keeping with the
surrounding neighborhood and that the townhouse units would fulfill a
housing need in this area of the City.
The following questions were posed by the public on January 15th at the Planning
Commission's public hearing:
1. Mr. Anthony Lawson (2130 Garstland Drive, NW) appeared before the
Commission stating that he was concerned about traffic as well as the
vehicular and pedestrian safety in icy weather conditions. He also wanted
to know if the housing would only be sold to seniors. Staff responded that
the Traffic Engineer had approved the plans in terms of driveway location
and trip generation. According to the ITE Trip Generation Manual,
townhouse units are estimated to generate 9 trips per day per unit which is
less than that of a single-family dwelling. In response to the question
about elderly housing, staff stated that zoning could not regulate the age
of the occupants of a unit.
Department of Planning, Building and Development
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, S.w.
Roanoke, Virginia 24011
Phone: (540) 853-1730 Fax: (540) 853-1230
Date: ~'Janu~ry 12, 2009 Submittal Number: I ,Amended Application nO.2
o Rezoning, Not Otherwise Listed
IRJ Rezoning, Conditional
o Rezoning to Planned Unit Development
o Establishment of Comprehensive Sign Overlay District
o Amendment of Proffered Conditions
o Amendment of Planned Unit Development Plan
o Amendment of Comprehensive Sign Overlay District
Address: 1217 Peters Creek Road, NW Roanoke, VA 24017
Official Tax No(s).: I Portion of 2770801
Existing Base Zoning:
(If multiple zones, please manually enter all districts.) R-7. Residential Single-Family
Ordinance No(s). for Existing Conditions (If applicable): I
o With Conditions
[8] Without Conditions
Requested Zoning: RMF, Residential Multifamily
Proposed land Use: I T ownhomes
Name: I Harriso~ Omarde & Ann Wilder
I Phone Number:
E-Mail: I
....
I
I
562-3089
Address:
Name:
I Phone Number:
I E-Mail: I
I
I
Address:
Applicant's Signature:
Name:
Phone Number: I
562-3174
I
I
Address:
E-Mail: Ijdh_pc@hotmaiJ.com
Authorize Agent's Signature:
\~
Jerome Donald Henschel, PC
ARCHITECTURE
/~=~~::D:::~~~
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EmaiI jdh-pc@hotmail.com
1317 Peters Creek Rd. NW
Roanoke, VA 24017
Phone: (540) 562-3174
Fax: (540) 562-4174
Federal ID #54-1523699
November 18, 2008 Amended December 19,2008
Zoning Amendment Application
Portion of 1217 Peters Creek Road, NW
Roanoke, Virginia 24017
Written Narrative
a. Justification for the change;
This Development is unique because of the rising need for senior
living retirement homes. We have found by research that most
Senior Citizens prefer small developments rather than large ones.
b. Intended use of the property
The intended use is for Rowhouse Development of eleven unit lot
'condominiums for individual sale or lease. The existing Cottage
will be relocated to unit lot # 1.0r it will be demolished.
Open space is provided 100 SF per Unit (100)(11) = 1,100 SF.
4,500 SF is provided at Southeast corner location of New Site
Development Plan Z 1.
c. Effect of the proposed amendment on the surrounding
Neigh borhood.
The vehicular traffic in this area is light. The 25 mile per hour
zone will pose minimal change in traffic. This Private
development will not effectively add to noise to this relatively
quiet neighborhood.
d. Availability of other similarly zoned properties in the general
area and in the city.
lof2
MEMBER OF THE AMERICAN INSTITUTE OF ARCHITECTS SINCE 1973
~..
Written Narrative
November 18, 2008
Page 2.
e. Relationship of the proposed amendment to the city's
comprehensive plan and the applicable neighborhood plan.
The neighborhood is zoned mostly R 7 to the east, CG to the south,
MX to the north and IN to the west where worship facilities now
exist. This development is not within the 100 year flood plain.
This Development was conceived because of a rising alternate
need for smaller retirement communities for senior living.
20f2
MEMBER OF THE AMERICAN INSTITUTE OF ARCHITECTS SINCE 1973
I.
ADJOINING PROPERTY OWNERS
Official Tax No.lStreet Address
Of Adjoining Property
Name of Property Owner
Mailing Address of
Property Owner
2770901
4318 Tyree Road
William Wade Manning
Debra Lynn Bratcher
3114 Belle Avenue NE
Roanoke, VA 24q12
2770918
4225 Vermont Avenue NW
Gerald A. Buchanan
4225 Vermont Avenue NW
Roanoke, VA 24017
2760903
1205 Peters Creek Road
Peters Creek
Properties, LLC
3526 Brymoor RD SW
Roanoke VA 24018
2762601
Peters Cree~ Road NW
Bobby D. Radford
& Joy L. Radford
4548 Lewiston Street
Roanoke, VA 24017
2770610
4343 Tennessee Avenue NW
Robert & Donna H.
Harris
P.O. Box 19635
Roanoke, VA 24019
2770701
4332 Tennessee Avenue NW
Anthony L. Lawson
2130 Garstland Drive NW
Roanoke VA 24017-1714
2770605
1301 Peters Creek Road NW
Rapoport Jacob Burnard
Trustee
Jacob Burnard Rapoport
Revocable
3401 West Ridge Rd. NW
Roanoke, VA 24017
2760108
Virginia Avenue NW
W.O. McGalliard
1826 Bridle Lane
Roanoke, VA 24018
2770205
1214 Peters Creek Road NW
Trustees of Sf. Marys
Coptic Orthodox Church
1214 Peters Creek ~d. NW
Roanoke, VA 24017i
2770204
1224 Peters Creek Road NW
Winston L. Underwood
5114 Winter Park D~jve
Roanoke, VA 24019
2760101
4224 Vermont Avenue NW
Ledena D. Dillon
4224 Vermont Avenue' NW
Roanoke, VA 24017
Jerome Donald Henschel, PC
ARCHITECTURE
/;;:{~::~=~:~{_f~~~~==~.?~,
(rf /<~i~l
Email jdhyc@hotmail.com
1317 Peters Creek Rd. NW
Roanoke, VA 24017
Phone: (540) 562-3174
Fax: (540) 562-4174
Federal ID #54-1523699
November 18, 2008 Amended December 19, 2008, Amended January 12, 2009
Zoning Amendment Application
Portion of 1217 Peters Creek Road, NW
Roanoke, Virginia 24017
Written Proffers;
The applicant requests that the following Proffer be adopted as it
pertains to the subject portion of official Tax No. 2770801:
1. The development of the subject property shall be in substantial
conformity with the Development Plan, dated November 18, 2008,
Amended December 19, 2008,and January 12, 2009, as prepared by
Jerome Donald Henschel, PC, subject to any changes required by the
City as part of the Comprehensive Development Plan review process.
lofl
MEMBER OF THE AMERICAN INSTITUTE OF ARCHITECTS SINCE 1973
("
Jerome Donald Henschel, PC
ARCHITECTURE
c
;f/;, ~::U~
fH( Y'" Iij
Email jdh-pc@hotmaiI.com
1317 Peters Creek Rd. NW
Roanoke, VA 24017
Phone: (540) 562-3174
Fax: (540) 562-4174
Federal ID #54-1523699
November 04, 2008
Zoning Amendment Application
Portion of 1217 Peters Creek Road, NW
Roanoke, Virginia 24017
Metes and Bounds Description
Beginning at the iron set at the Southeast Corner approximate center of Vermont
Avenue with said line South 84 degrees 00' 00" West 257 feet to a point; Thence
North 6 degrees 00' 00" West 89 feet to a point; Thence North 45 degrees 00' 00"
East 128 feet to a point; Thence North 2 degrees 25'00' 00" East 76 feet to a point;
Thence 18 degrees 15' DO" West 100 feet to a point; Thence North 75 degrees 02'
54" East 58 feet to a point; Thence north 83 degrees 27' 47" East 106.53 feet to a
point; Thence South 4 degrees 58' DO" East 10.05 + 382.86 feet to the place of
Beginning.
Iod
MEMBER OF THE AMERICAN INSTITUTE OF ARCHITECTS SINCE 1973
( n,
Jerome Donald Henschel, PC,
ARCHITECTURE
(
O.....nm
(f;:::~~ :::::::::::_,-~-
<:::-- _.:.::::::~\
v--, ~
EmaiI jdhj>c@hotmail.com
1317 Peters Creek Rd. NW
Roanoke,VA 24017
Phone: (540) 562-3174
Fax: (540) 562-4174
FederallD #54-1523699
PROPOSED NEW ROWHOUSE DEVELOPMENT
FOR SENIOR LIVING
LOCATION MAP
1217 Peters Creek Road, NW Roanoke, VA
Co,,-
e ~o~ct
NORTH ARROW
~
c
<(
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HerShber,.,
~e,.
Road
Site Parcel
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i
AFFIDAVIT PERTAINING TO THE REZONING REQUEST OF:
Harrison Omarde and Ann Wilder for property at 1217 Peters Creek Road )
from R-7 to RMF, conditional )AFFIDA VIT
COMMONWEALTH OF VIRGINIA
)
) TO- WIT:
)
CITY OF ROANOKE
The affiant, Martha 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 ofthe Planning
Commission of the City of Roanoke, she has sent by first-class mail on the 29th day of
December, 2008, notices of a public hearing to be held on the 15th day of January, 2009,
on the request captioned above to the owner or agent of the parcels as set out below:
Tax No.
2760101
2760108
2760903
2762601
2770204
2770205
2770605
2770901
2770918
Name
Mailing Address
Ledena Dillon
~
4224 Vermont Avenue, NW
Roanoke, VA 24017
W. D. McGalliard
1826 Bridle Lane
Roanoke, VA 24018
Peters Creek Properties, LLC
3526 Brymoor Road, SW
Roanoke, VA 24018
Bobby D. and Joy Radford
4548 Lewiston Street, NW
Roanoke, VA 24017
Winston L. Underwood
5114 Winter Park Drive
Roanoke, VA 24018
Trustees of St. Mary's
1214 Peters Creek Road, NW
Roanoke, VA 24017
J. B. Rappaport Trustee
3401 West Ridge Road, SW
Roanoke, VA 24014
William W. Manning
Debra L. Bratcher, Trustees
3114 Belle Avenue, NE
Roanoke, VA 2 4012
Gerald B. Buchanan
4225 Vermont Avenue, NW
n ____1__ 'TA "'IAf\1 "'7
-..'
,f
""
2770701
Anthony 1. Lawson
2130 Garstland Drive
Roanoke, VA 24017
~~$7~
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 29th day of December, 2008.
Wa~~
Notary Public
My Commission Expires:
JI /30/ dO; Q.
,
CANDACE R. MARTIN
NOTARY PUBUC
Commonwealth of Virginia
! ,.. . ~eg. #282076
~y vommlsSlon Expires
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
-- - - -- - - - - -- - - - -- - - - - - -- ---- - - - -- - - - -- -- -- -- - - - -- -+- -- - --- - - - -- - - - - --- - - - --
JEROME D. HENSCHEL, PC
1317 PETERS CREEK RD., NW
ROANOKE VA 24017
REFERENCE:
80104388
11273050
NPH-Omarde/Wilder-Re
. NOnCE OF PUBLIC
HEARING
The Council of the City of
Roanoke will hold a public
hearing on Tuesday,
February 17, 2009, at ,7:00
p,m., or as soon thereafter
I as the matter may be heard,
I In the Council Chamber,
, fourth floor, In the Noel C.
: Taylor Municipal Building,
. 215 Church Avenue, S,W..,
; Roanoke, Virginia, to'
, consider the following:
I Request from Harrison:
, Omarde and Ann Wilder,';
represented by Jerome
H'enschel, Architect, to',
rezone the easterly 1.64'
acre portion of property ati
'1217 Peters Creek Road"
N.W" Official Tax No,'
2770801. from R-7,
Residential Single Family
, District, to RMF, Residential
! Multifamily District, subject
to the condition that the
, property be developed In
\ substantial conformity with
the Development Plan, dated)
November 18, 200B,'
amended December 19,\
,2008, and January 12,:
i 2009, for the purpose of
constructing a rowhouse.
,development o'f 11
:condomlnlum units.
: A copy of the application is
'available for review In the' !
Office of the City Clerk,
Room 456, Noel C. Taylor '
Municipal Building, 215 I
Church Avenue, S.W., '
Roanoke, Virginia.
I All parties In Interest and
citizens 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 hearing, please contact
the City Clerk's Office, at
853-2541, before noon on
the Thursday before the date
o. f the heljrlng listed above, \
GIVEN under my hand this
29th day of January, 2009, ,
i Stephanie M. Moon, CMC
i City Clerk..
I !
:11273050)
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:
I'~'"
City/County of Roanoke, Commonwealth/State of
Virginia. Sworn and subscribed before me this
\C~day of Feb 2009. Witness my hand and
-------
official seal.
_~~~.,~~~- , _: notary P~blic
My-~~~~pi~~j~~~J~__.
TOTAL COST:
FILED ON:
\,\\\""""
....\\ ~Oy A I ~/"
....,.. ~~.,...... ~J.-. """
~ ~ ..' NOTAFr';",""-:,
~* ," PUBLIc "'~ :.
= : REG # : =
- 'M' 7090930' -
= c:>: Y COMMISSION : * =
- ~ . Itf!!i.~ . . -
~~"'~/.""~f
.. VA. '. .' ('~ ..
.., 'f/I-h ........ ~v ,"
", 'E4LTH Or ~\ ",
III \\\
"illlll\\\
- - - - -- - -- - - -- - --- - - - -- - -- - - - - - - -- -- -- - - - - -- - - - - - - -+- - - - -- - -- - - - - - - --- - - - - --
02/02
02/09
PUBLISHED ON:
411. 84
02/09/09
iT
Authorized~"'~_ Am
Signature:_!~'t___r~
Billing Services Representative
-<
l;y6 'f"
~k
NOTICE OF PUBLIC HEARING
The Council of the City of Roanoke will hold a public hearing on Tuesday, February 17,
2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth
floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia, to
consider the following:
Request from Harrison Omarde and Ann Wilder, represented by Jerome
Henschel, Architect, to rezone the easterly 1.64 acre portion of property at
1217 Peters Creek Road, N.W., Official Tax No. 2770801, from R-7,
Residential Single Family District, to RMF, Residential Multifamily District,
subject to the condition that the property be developed in substantial
conformity with the Development Plan, dated November 18,2008, amended
December 19,2008, and January 12, 2009, for the purpose of constructing a
rowhouse development of 11 condominium units.
A copy of the application is available for review in the Office ofthe City Clerk, Room 456,
Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia.
All parties in interest and citizens 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 hearing, please contact the
City Clerk's Office, at 853-2541, before noon on the Thursday before the date of the hearing listed
above.
GIVEN under my hand this 29th:lay of January
,2009.
Stephanie M. Moon, CMC
City Clerk.
Omarde-Wilder-rezone with protTers,doc
Notice to Publisher:
Publish in the Roanoke Times on Monday, February 2,2009, and Monday, February 9,2009.
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
Omarde-Wilder-Rezone with proffers,doc
Send Bill to:
Jerome Henschel, Architect
1317 Peters Creek Road, N. W.
Roanoke, Virginia 24017
(540)562-3174
J dh_pc@hotmail.com
CITY OF ROANOKE
1
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
STEPHANIE M. MOON, CMC
City Clerk
January 30, 2009
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
Jerome D. Henschel, Architect
1317 Peters Creek Road, N. W.
Roanoke, Virginia 24017-2545
Dear Mr. Henschel:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the
City of Roanoke on Monday, April 6, 1981 , I have advertised a pu blic hearing for
Tuesday, February 17, 2009, at 7:00 p.m., or as soon thereafter as the matter
may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., on the request of Harrison Omarde and
Ann Wilder to rezone the easterly 1 .64 acre portion of property located at
1217 Peters Creek Road, N. W., from R-7, Residential Single Family District, to
RMF, Residential Multifamily District, subject to a certain proffered condition.
For your information, I am enclosing copy of a notice of public hearing. Please
review the document and if you have questions, you may contact Steven J.
Talevi, Assistant City Attorney, at 540-853-2431.
It will be necessary for you, or your representative, to be present at the
February 17 public hearing. Failure to appear could result in a deferral of the
matter until a later date.
Sincerely,
Ji:tjJ~ M. ~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Enclosure
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
January 30, 2009
Ms. Ledena Dillon
Mr. W. D. McGalliard
Peters Creek Properties, LLC
Mr. and Mrs. Bobby D. Radford
Mr. Winston L. Underwood
Trustees of St. Mary's
J. B. Rappaport, Trustee
Mr. William W. Manning and
Ms. Debra L. Bratcher, Trustees
Mr. Gerald B. Buchanan
Mr. E. L. Creech, III, Trustee
Mr. and Mrs. Robert Harris
Mr.Anthony I. Lawson
Ladies and Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the
City of Roanoke on Monday, April 6,1981, I have advertised a public hearing for
Tuesday, February 17, 2009, at 7:00 p.m., or as soon thereafter as the matter
may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal
Building, 21 5 Church Avenu'e, S. W., City of Roanoke, on the request of Harrison
Omarde and Ann Wilder to rezone the easterly 1.64 acre portion of property
located at 1217 Peters Creek Road, N. W., from R-7, Residential Single Family
District, to RMF, Residential Multifamily District, subject to a certain proffered
condition.
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.
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.
Sincerely,
AtM~ m. ~~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Planning Building and Development
Memorandum
TO:
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attomey
FROM:
Martha P. Franklin, Secretary, City Planning Commission
DATE:
December 24, 2008
SUBJECT: Amended Application NO.1 - 1217 Peters Creek Road, N.W., -
Harrison Omarde and Ann Wilder
Attached please find Amended Application No.2, dated 12/19/08, and filed on
the date set out above. The amended application reflects Maribeth's comments
as set out in the attached email.
Please contact Maribeth at 1502 if questions. Thank you.
If
attachment
cc: vStePhanie Moon, City Clerk (w/a)
Susan Johnson, City Attorney's office
Department of Planning, Building and Development
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Phone: (540) 853-1730 Fax: (540) 853-1230
CEe 2 4 2008
CITY OF ROANOKE
'~NING BUIWING AND DEVELOP~'~
:,'[!li,~!iq~iM~r~iif(~::e'(i'flt:~u~ll['::1
Submittal Number: IAmended Application NO.1
Date: I December 19, 2008
o Amendment of Proffered Conditions
o Amendment of Planned Unit Development Plan
o Amendment of Comprehensive Sign Overlay District
o Rezoning, Not Otherwise Listed
I8l Rezoning, Conditional
o Rezoning to Planned Unit Development
o Establishment of Comprehensive Sign Overlay District
--
~~=,ILJi<, ': ',. "
Address: 1217 Peters Creek Road, NW Roanoke, VA 24017
Official Tax No(s).: I Portion of 2770801
Existin.g Base Zoning: .. IR-7' Residential Single-Family
(If multiple zones, please manually enter all dlstncts.)
Ordinance No(s). for Existing Conditions (If applicable): I
I 0 With Conditions
I8l Without Conditions
Requested Zoning: RMF, Residential Multifamily
Proposed Land Use: I Townhomes
I Phone Number:
Name: I Harrison Omarde & Ann Wilder
I
I
562-3089
-Address: 1217 Peters Creek Road NW Roanoke, VA 24017
( l1UU fA) , 0/ 15;(uA:d~ tl;,,;ft{ ~
Property Owner's Signature: I'
, E-Mail: I
I Phone Number:
I E-Mail: I
Name:
I
I
Address:
Applicant's Signature:
Phone Number: I
I
I
562-3174
E-Mail: Ijdh_pc@hotmall.com
Jerome Donald Henschel, PC
ARCHITECTURE
Email jdhJ)c@hotmail.com
1317 Peters Creek Rd. NW
Roanoke, VA 24017
Phone: (540) 562-3174
Fax: (540) 562-4174
Federal ID #54-1523699
November 18, 2008 Amended December 19, 2008
Zoning Amendment Application
Portion of 1217 Peters Creek Road, NW
Roanoke, Virginia 24017
Written Narrative
a. Justification for the change;
This Development is unique because of the rising need for senior
living retirement homes. We have found by research that most
Senior Citizens prefer small developments rather than large ones.
b. Intended use of the property
The intended use is for Rowhouse Development of eleven unit lot
condominiums for individual sale or lease. The existing Cottage
will be relocated to unit lot # 1.0r it will be demolished.
Open space is provided 100 SF per Unit (100)(11) = 1,100 SF.
4,500 SF is provided at Southeast corner location of New Site
Development Plan Z 1.
c. Effect of the proposed amendment on the surrounding
- Neighborhood.
The vehicular traffic in this area is light. The 25 mile per hour
zone will pose minimal change in traffic. This Private
development will not effectively add to noise to this relatively
quiet neighborhood.
d. Availability of other similarly zoned properties in the general
area and in the city.
lof2
MEMBER OF THE AMERICAN INSTITUTE OF ARCHITECTS SINCE 1973
Written Narrative
,November 18, 2008
Page 2.
e. Relationship of the proposed amendment to the city's
comprehensive plan and the applicable neighborhood plan.
The neighborhood is zoned mostly R 7 to the east, CG to the south,
MX to the north and IN to the west where worship facilities now
exist. This development is not within the 100 year flood plain.
This Development was conceived because of a rising alternate
need for smaller retirement communities for senior living.
20f2
MEMBER OF THE AMERICAN INSTITUTE OF ARCHITECTS SINCE 1973
Jerome Donald Henschel, PC
ARCHITECTURE
r~D~,
Email jdh-pc@hotmail.com
1317 Peters Creek Rd. NW
Roanoke, VA 24017
Phone: (540) 562-3174
Fax: (540) 562-4174
Federal ID #54-1523699
November 18,2008 Amended December 19,2008
Zoning Amendment Application
Portion of 1217 Peters Creek Road, NW
Roanoke, Virginia 24017
Written Proffers;
The applicant requests that the following Proffer be adopted as it
pertains to the subject portion of official Tax No. 2770801:
1. The development of the subject property shall be in substantial
conformity with the Development Plan, dated November 18, 2008, and
Amended December 19,2008, as prepared by Jerome Donald Henschel,
PC, subject to any changes required by the City as part of the
Comprehensive Development Plan review process.
lof2
MEMBER OF THE AMERICAN INSTITUTE OF ARCHITECTS SINCE 1973
ADJOINING PROPERTY OWNERS
Official Tax No./Street Address
Of Adjoining Property
Name of Property Owner
Mailing Address of
Property Owner
2770901
4318 Tyree Road
William Wade Manning
Debra Lynn Bratcher
3114 Belle Avenue NE
Roanoke, VA 24Q12
2770918
4225 Vermont Avenue NW
Gerald A. Buchanan
4225 Vermont Avenue NW
Roanoke, VA 24017
2760903
1205 Peters Creek Road
Peters Creek
Properties, LLC
3526 Brymoor RD SW
Roanoke VA 24018
2762601
Peters Cree~ Road NW
Bobby D. Radford
& Joy L. Radford
4548 Lewiston Street
Roanoke, VA 24017
2770610
4343 Tennessee Avenue NW
Robert & Donna H.
Harris
P.O. Box 19635
Roanoke, VA 24019
2770701
4332 Tennessee Avenue NW
Anthony L. Lawson
2130 Garstland Drive NW
Roanoke VA 24017-1714
2770605
1301 Peters Creek Road NW
Rapoport Jacob Burnard
Trustee
Jacob Burnard Rapoport
Revocable
3401 West Ridge Rd. NW
Roanoke, VA 24017
2760108
Virginia Avenue NW
W.D. McGalliard
1826 Bridle Lane
Roanoke, VA 24018
2770205
1214 Peters Creek Road NW
Trustees of S1. Marys
Coptic Orthodox Church
1214 Peters Creek Rd. NW
Roanoke, VA 240171
2770204
1224 Peters Creek Road NW
Winston L. Underwood
5114 Winter Park Dr,ive
Roanoke, VA 24019
2760101
4224 Vermont Avenue NW
Ledena D. Dillon
4224 Vermont Avenue NW
Roanoke, VA 24017
o
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PROPERlY OF
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Tax No. 2n0205
IN Zoning
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PROPERlY OF
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Tax No, 2n02Of '
MX Zoning
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva,gov
SHEILA N, HARTMAN, CMC
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
February 18, 2009
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 38367-021709 authorizing 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 of space in the City
Market Building for a month-to-month term, effective March 1, 2009, not to
exceed 12 months.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Tuesday, February 17,2009, and is in full
force and effect upon its passage.
Sincerely,
W~ht.~
Stephanie M. Moon, CMC
City Clerk
S M M: ew
Attachment
pc: Ann H. Shawver, Director of Finance
William M. Hackworth, City Attorney .
R. Brian Townsend, Assistant City Manager for Community Development
Cassandra L. Turner, Economic Development Specialist
(
v~G
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of February, 2009.
No. 38367-021709.
AN ORDINANCE authorizing 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 of space in the
City Market Building for a month-to-month term, effective March 1,2009, not to exceed twelve
(12) months; and dispensing with the second reading of this ordinance by title.
WHEREAS, a public hearing was held on February 17, 2009, pursuant to SS15.2-
1800(B) and 15.2-1813, 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 ofthe City ofRoaJ1oke as follows:
1. The City Manager and the City Clerk are hereby authorized, to execute ahd attest,
respectively, in a form approved by the City Attorney, an agreement with Louis and Anita
Wilson d/b/a Burger in the Square, for the lease of approximately 462 square feet of space in the
City Market Building, located at 32 Market Square, Roanoke, Virginia, for a restaurant
establishment, for a month-to-month term, effective March 1, 2009, not to exceed twelve (12)
months, at a rental rate of $685.44 per month, upon certain terms and conditions, and as more
particularly described in the City Manager's letter to this Council dated February 17, 2009.
2.Pursuantto the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
ATTEST: , :,' I ' '
N+iIk'rn. ~
City Clerk
K:\David\Council Work\o-lease burger n square2-17-09.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 17, 2009
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Lease Renewal for Burger in
the Square
Background:
Louis and Anita Wilson, owners and operators of Burger in the Square, have
requested a lease renewal agreement for approximately 174 square feet of
space to continue operating a restaurant serving hamburgers and hotdogs,
and approximately 288 square feet of space on the second floor for a
secured food prep area used solely by this tenant. The total leased square
footage is 462. Burger in the Square has been a tenant of the Market
Building since June 1, 1999. The proposed lease agreement is for a month
to month period, not to exceed twelve months, beginning March 1, 2009.
The proposed agreement establishes a base rent rate of the following:
First F oor Space
Square Footage Per Square Foot Monthly Rent Annual Rent
Amount Amount
174 $29.71 $430.80 $5,169.54
S
d FI
S
econ oor Ipace
Square Footage Per Square Foot Monthly Rent Annual Rent
Amount Amount
288 $10.61 $254.64 $3,055.68
Honorable Mayor and Members of CItY Council
February 17, 2009
Page 2
The common area maintenance fee is $309.00 per month for the first
floor space and $103.00 per month for the second floor space.
Recommended Action:
Authorize the City Manager to execute a lease agreement with Louis and
. /" Anita Wilson d/b/a Burger in the Square, for approximately 462 square
feet of space in the City Market Building located at 32 Market Square,
Roanoke, Virginia 24011, on a month to month basis, not to exceed
twelve months, beginning March 1, 2009. All documents shall be upon
form approved by the City Attorney.
Respectfully submitted,
DLB:c1t
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Cassandra L. Turner, Economic Development Specialist
CM09-OOO 1 7
"-
LEASE
Between
THE CITY OF ROANOKE
and
Louis and Anita Wilson d/b/a Burger in the Square
\
C; \DOCUMKNTS AND SrrTINGS\BDCTl \MY DOCUMENTS\BUR.G1tR U 'I1fE SQUARE\BURGER IN THE SQUARE LEASE. DOC
/
f
LEASE
INDEX
HEADING
PAGE
PREMISES
TERM
,
BASE RENT; ESCALATIONS
COMMON AREA MAINTENANCE
LANDLORD OBLIGATIONS
2
2
TENANT'S OBLIGATIONS
3
USE OF PREMISES
EXCLUSIVITY
3
4
ASSIGNMENT AND SUBLITTING
IMPROVEMENTS
4
4
SURRENDER OF PREMISES
INSPECTION
INSOLVENCY OR BANKRUPTCY OF TENANT
4
4
4
TRANSFER OF LANDLORD'S INTEREST
ESTOPPEL CERTIFICATE
DAMAGE TO THE PREMISES
5
5
5
DEFAULT OF TENANT
6
CONDEMNATION
6
6
COVENANTS OF LANDLORD
NO PARTNERSHIP
BROKER$ COMMISSION
NOTICES
7
7
7
HOLDING OVER
7
BENEFIT AND BURDEN
7
GENDER AND NUMBER,
7
ENTIRE AGREEMENT
7
C:\DOCUMENlS ANO SETTlNCS\EDCTl\MY OOCUMENTS\BURCER IN 1HE SQUARE\BURCER IN 1HE SQUARELEASE,OOC
I
INVALIDITY OF PARTICULAR PROVISIONS 7
HAZARDOUS SUBSTANCES 7
INSURANCE 8
SECURITY DEPOSIT 9
INDEMNIFICATION 9
COMPLIANCE WITH LAWS AND REGULATIONS 10
FORUM SELECTION AND CHOICE OF LAW 10
FORCE MAJEURE 10
EQUAL EMPLOYMENT OPPORTUNITY 10
DRUG-FREE WORKPLACE 10
I
RULES AND REGULATIONS 11
SIGNAGE 11
GUARANTY 11
LIABILITY OF LANDLORD 11
TENANT IMPROVEMENTS 11
BUSINESS HOUR MODIFICATION 11
Exhibit A Floor Plan
Exhibit B Common Area Floor Plan
Exhibit C Menu
Exhibit D Rules and Regulations \
Exhibit E Sign Regulations
Exhibit F Guaranty
C:\DOCUMENlS AND SETTlNGS\EDCT1\MY DOCUMENTS\BURGER IN THE SQUARE\BURGER IN THE SQUARE lEASE,DOC
II
LEASE
THIS LEASE is made this ____day of ____________________2009 by and between the
ClT'( OF ROANOKE (hereinafter referred to as "Landlord"), and Louis Wilson d/b/a
Burger in the Square Restaurant (hereinafter referred to as "Tenant"),
WITNESSETH:
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, Stalls #121 and orivate
locked storace 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 174 and 288 square feet of space.
2. TERM The term ofthis Lease shall commence on March 1,2009,
("Commencement Date") and shall expire at 11 :59 o'clock p.m. on March 31.
2009. Unless written notice is given by the City at least sixty (60) days prior to
the end of the initial term, or any renewal term, by the tenant, this Lease shall
automatically renew for another month. Each renewal term shall be upon the
same terms and conditions as the prior month, and upon the mutual agreement of
the parties. Provided that such renewal terms shall not exceed a maximum of
eleven (11) months.
3: BASE RENT: ESCALATIONS The base rent for each month of the term
shall be based on cost per square foot. Tenant shall pay as base rent for the
f h hf d hfll hdl
Premises or eac mont o the Lease accor ina to t e 0 owinq sc e u e:
Period Square Per Square Monthly Rent Annual Rent
Footage Foot Amount Amount
Amount
3/1/09 - 174 $29.71 $430.80 $5,169.54
3/31/09
3/1/09 - 288 $10.61 $254.64 $3,055.68
3/31/09
If the Commencement Date is other than the first day of the month, the first
month ofthe Lease term shall be deemed to be extended to include such partial
month and the following month, so as to end on the last day ofthe 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
C:\DDCUMENTS AND SETTlNGS\EDCT1\MY DOCUMENTS\BURGER IN THE SQUARE\BURGER IN THE SQUARE LEASE,DOC
1
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
s'hall not be deemed as received if Tenant's payment is not actually collected
(such as payment by insufficient furids check). Tenant shall pay rent to Landlord
at City of Roanoke, 215 Church Ave, Roanoke, Virginia 24011, 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 Nine Dollars ($309.00> per month for the first floor and One Hundred
Three ($103.00) per month forthe second floor. These fees will increase by three
(3%) percent upon each anniversary ofthis 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)
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 ofthe Building,
management costs and repairs to the structure of Building which includes
roof and wall repairs, foundations, sprinkler systems, utility lines, sidewalks
and curbs,
secu rity 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 td
proper maintenance of the Building and its Common Areas.
(h)
(i)
U)
(k)
(I)
(m)
(n)
(0)
The "Common Areas" are defined as all areas and spaces in the Building and
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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 faciI itil:!s 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.
S. 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 ofthe 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 ofthis lease, ordinary wear and tear excepted,
and not use any part ofthe 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 ofthe 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 ofthis Lease.
7. USE OF PREMISES The Premises shall be used forthe purpose of
conducting therein the sale of Restaurant serving hot dogs and hamburgers
cuisine menu items./ 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
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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) ofthe
Building as established or as may be amended by,landlordand (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 ofthe customary business hours
or on the Holidays stated above.
8. EXCLUSIVITY Tenant operates a restaurant serving hot dogs and
hamburgers cuisine as outlined in attached menu noted as Exhibit "C". Tenant
must obtain written approval ofLandlord 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 ofthe 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 ofthe 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 SUBLETTING Tenant shall not voluntarily or
involuntarily assign this Lease in whole or in part, nor sublet all or any part ofthe
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 a third party for
the sublease or assignment of the Premises, Tenant shall forthwith notify
landlord in writing, attaching a copy of such offer, of Ten ant'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 ofthe 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
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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 atthe expiration ofthe
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 applicabl,e, inform Landlord of any 'COlllbinations of
locks or safes in the Premises. Ifthe Premises ~re 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 ofthe term of
this Lease.
13. INSOLVENCY OR BANKRUPTCY OF TENANT In the eventTenant 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 ofterminating
this Lease. Upon such written notice being given by Landlord to Tenant, the term
ofthis 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 1 7 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 ofthe Lease, stating the dates to which rent,
and other charges, if any, have been paid, thatthe 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
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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 in~erest 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 ofthis Lease have not been changed except as otherwise represented
by landlord; (ii) that this lease has not been canceled or terminat~d 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 fromdenying the truth of such facts. Tenant shall also, on ten
(10) da.ys' 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
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 oftime after notice to cure or cause the curing of such default
before exercising Tenant's right of self-help under this Lease, if any, o~
terminating or declaring a default under this Lease.
16. DAMAGE '10 THE PREMISES If the Building or the Premises shall be
partially damaged by fire or other cause without the fault or neglect of Ten ant, 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 ifthe 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 ofthe use ofthe
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 IfTenant shall fail to pay any monthly installment of
Rent and/or as requ i red by this Lease, or shall violate' or fail to perform any ofthe
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 for a period of
ten (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 ofLandlord'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 Ten ant's
default as hereinabove provided, or if Tenant shall abandon or vacate the
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Premises before the expiration or termination ofthe term ofthis Lease, Landlord
shall use its best efforts to relet the Premises on the best rental terms reasonably
available underthe circumstances and ifthe 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 ofthe 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 ofthis Lease shall cease and terminate as of the date when
title vests in such governmental authority, and the annual rentalshall 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 ofthe 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 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 ofthe covenants, terms and conditions ofthis Lease to be performed
by Tenant, Tenant shall, during the term hereby created, freely, peaceably and
quietly occupy and enjoy the full possession ofthe 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 ofthis 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, 117 Church Avenue, Roanoke, Virginia 24011,
Attention: Director of Economic, and Oi) if to Tenant, at 32 Market Sauare. SE,
unless notice of a change of address is given pu rsuant 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
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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 mod ified, changed or terminated in whole or in part in any
manner otherthan 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 ofthis 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") ofanywaste
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, Tenantshall 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 oraction
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, 1055, 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
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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 ofthe 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 inor 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, atcidental or
anticipated, or any other nature at or affecting the Premises and whether, to the
best of the Tenant's knowledg~, 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 (ij) 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 amou nts 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 ofthe 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 ofthe 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.
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30. SECURITY DEPOSIT
(a), AMOUNT OF DEPOSIT Tenantwill deposit a sum equal to the amount of
the rent in the last month of the Lease with the Landlord before the
commencement of this Lease. Such deposit shall be held by Landlord,
without liability for interest, as security for the faithful performance by
Tenant ofall of the terms, covenants and conditions ofthe Lease by Tenant
to be kept and performed during the term hereof. If at any time during the
term of this Lease any of the rent herein reserved shall be overdue and
unpaid, or any other sum payable by Tenant to Landlord hereunder shall be
overdue and unpaid, the Landlord may, at the option of Landlord,
appropriate and apply any portion of such deposit to the payment of any
such overdue rent or other sum.
\
(b) USE AND RETURN OF DEPOSIT In the event ofthe failure of Ten ant to
keep and perform any ofthe terms, covenants, and conditions ofthis Lease
to be kept and performed by Tenant, then the Landlord at its option may
appropriate and apply the entire such deposit, or so much thereof as may
be necessary, to compensate the Landlord for loss of damage sustained or
suffered by Landlord due to such breach on the part of Ten ant. Should the
entire deposit, or any portion thereof, be appropriated and applied by
Landlord for the payment of overdue rent or other sums due and payable to
Landlord by Tenant hereunder, then Tenant shall, upon the written demand
of Landlord, forthwith remit to Landlord a sufficient amount in cash to
restore such security to the original sum deposited, and Tenant's failure to
do so within five (5) days after receipt of such demand shall constitute a
breach of this Lease. Should Tenant comply with all of such terms,
covenants and conditions and promptly pay the entire rental herein
provided for as it falls due, and all other ,sums payable by Tenant to
Landlord hereunder, such deposit shall be returned in full to Tenant at the
end of the Lease Term or upon the earlier termination of this Lease.
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 resu'lting from Tenant's use of the Premises caused by any act or
omission, whether intentional or otherwise, of Ten ant 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.
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
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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 ofthe 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 Ten ant, will state that Tenant is an equal opportunity employer.
(c) Tenant will include the provisions ofthe 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 (j) provide a
drug-free workplace for its employees; (ij) 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 ofthe 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) Forthe pu rposes ofthis 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
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.
C:\OOCUMEN1SANO SfTIlNGS\EOCT1\MY OOCUMEN1S\BURGER IN THE SQUARE\BURGER IN THE SQUARE LEASE,OQC
11
39. GUARANTY By virtue of entering into this lease, Tenant agrees to
have executed the Guaranty contained in Exhibit "F" attached hereto and made
part of this lease. Such Guarantor(s) shall first be approved by landlord in
writing. Tenant agrees to provide information concerning Guarantor(s) to landlord
upon request.
40. LIABILITY OF LANDLORD As to this Lease Agreement, Landlord shall
not be liable to Tenant, its employees, agents, business invitees, licensees,
customers, clients, family members, guests or trespassers from 'any damage,
compensation or claim arising during the term of this lease Agreement, from the
necessity of repairing any portion of the Building, the interruption in the use of
the Premises, accident or damage resulting from the use or operation (landlord,
Tenant, or any other person or persons whatsoever) of elevators, or heating,
cooling, electrical or plu mbing equipment or apparatus, or the termination ofthis
lease by reason of the destruction of the Premises, or from any fire, robbery,
theft, and/or any other casualty, or from any leakage in any part or portion ofthe
Premises or the Building, or from water, rain or snow that may leak into, or flow
from, any part of the Premises or the Building, or from drains, pipes or plumbing
work in the Building, or from any other cause whatsoever. Any goods, property or
personal effects, stored or placed by Tenant in or about the Premises or Building,
shall be at the risk of Tenant, and landlord shall not in any manner be held
responsible therefore. The employees of landlord are prohibited from receiving
any packages or other articles delivered to the Building for Tenant, and if any
such employee receives any such package or articles, such employee shall be the
agent of the Tenant and not of landlord.
\
Intentionallv Omitted
C\DOCUMENOS AND SEl11NGS\EDCTI\MY DOCUMENTS\BURGER IN lHE SQUARE\BURGER IN lHE SQUARE LEASE,DOC
12
LANDLORD:
CITY OF ROANOKE
ATTEST:
Stephanie M. M~on. City Clerk
i
~: ~~U
Print Name: Darlene Burcham
Title: City Manaqer
TENANT:
By:
Print Name:
Title:
(SEAl)
55#: ______________________________
Approved as to form:
I
Assi~ta:n-t-citY-A~to~ney --
C:\OOCUMENTS AND SETT1NCSlED~l\MY DOCUMENTS\BURCER IN THE SQUARE\BURCER IN THE SQUARE LEASE,DOC
13
EXHIBIT A
FLOOR PLAN
C\DOCUMENlS AND SETTlNG5\Wcn\MV DOCUMENlS\BURGER IN TIiE SQUARE\BURGER IN TIiE SQUARE LEASE,DOC
14
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COMMON AREAS FLOOR PLAN
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MENU
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C:\OOCUMENlSANO SETIlNGS\EOCT1\MY,OOCUMEN1S\BURGER IN '!liE SQUARE\BURGER IN '!liE SQUARE lEASE-DOC
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EXHIBIT 0
RULES AND REGULATIONS
1. 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.
2. 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.
3. Tenant agrees to handle all deliveries and refuse through the Salem I
Avenue entrance (if one) of the Premises.
4. No sign shall be permanently affixed to the plate glass of any window
without prior written consent of Landlord.
5. No solicitation material shall be displayed inside the building or affixed
to the exterior of the building.
6. Tenant shall keep Premise's, windows and window frames clean (inside
and out) at all times and wash them weekly.
7. 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.
8. Tenant is responsible for the replacement of light bulbs in its space
9. 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.
10. Tenant shall be responsible for breaking down and having all cardboard
boxes ready for pick up. '
11. (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.
C:\DOCUMENTS AND SETllNGS\EDCT1\MY DOCUMENTS\BURGER IN THE SQUARE\BURGER IN THE SQUARE LEASE,DOC
17
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 including the directories, in place, number, size, color and style,
unless approved by 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, 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.
\
C:\DOCUMEN15 AND SETllNGS\EDCT1\MY DOCUMENTS\BURGER IN THE SQUARE\BURGER IN THE SQUARE lEASE,DOC
18
EXHIBIT F
GUARANTY
PERSONAL GUARANTEE
Intentionallv Omitted
C:\DOCUMENlSAND SETTlNGS\EDcn\MY DOCUMEN1S\BURGER IN THE SQUARE\BURGER IN THE SQUARE LEASE,DDC
19
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
SHEILA N. HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
February 18, 2009
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 38368-021709 authorizing the City
Manager to execute a lease agreement with Adel Eltawansy d/b/a Zorba's, for
approximately 210 square feet of space in the City Market Building for a month-
to-month term, effective March 1, 2009, not to exceed 12 months.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Tuesday, February 17, 2009, and is in full
force and effect upon its passage.
Sincerely,
~,.:u.AY'. ~
Stephanie M. Moon, CMC
City Clerk
SM M :ew
Attach ment
pc: Ann H. Shawver, Director of Finance
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community Development
Cassandra L. Turner, Economic Development Specialist
0,LC-
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of February, 2009.
No. 38368-021709.
AN ORDINANCE authorizing the City Manager to execute a lease agreement with Adel
Eltawansy d/b/a Zorba's, for approximately 210 square feet of space in the City Market Building
for a month-to-month term, effective March 1, 2009, not to exceed twelve (12) months; and,
dispensing with the second reading of this ordinance by title.
WHEREAS, a public hearing was held on February 17, 2009, pursuant to ~~15.2-
1800(B) and 15.2-1813, 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 as follows:
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 Adel Eltawansy d/b/a
Zorba's, for the lease of approximately 210 square feet of space in the City Market Building,
located at 32 Market Square, Roanoke, Virginia, for a restaurant establishment, for a month-to-
month term, effective March 1, 2009, not to exceed twelve (12) months, at a rental rate of
$519.93 per month, upon certain terms and conditions, and as more particularly described in the
City Manager's letter to this Council dated February 17, 2009.
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:
#tQ~ tn. wt~
City Clerk
.\ i
K:\David\Council Work\o-lease zorba2-17-09.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 17, 2009
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable AnitaJ. Price, Council Member
Honorable Court G. Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Lease Renewal for Zorba's
Restaurant
Background:
Adel Eltawansy, the owner and operator of Zorba's, has requested a lease
renewal agreement for approximately 210 square feet of space to operate
a restaurant serving Greek and Mediterranean cuisine. Zorba's restaurant
has been a tenant of the Market Building since November 1, 1989. The
proposed lease agreement is month to month, not to exceed twelve
months, beginning March 1, 2009. The proposed agreement establishes
a base rent of the following:
Per Square Monthly Rent Annual Rent
Square Footaqe Foot Amount Amount
210 $29.71 $519.93 $6,239.10
The common area maintenance fee is $309.00 per month.
Honorable Mayor and Members of Giiy Council
February 17, 2009
Page 2
Recommended Action:
Authorize the City Manager to execute a month to month lease, not to
exceed twelve months, 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, beginning March 1, 2009. All
documents shall be approved upon form by the City Attorney.
Respectfully submitted,
Darlene L. Bur mam
City Manager
DLB:c1t
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R. Brian Townsend, Assistant City, Manager for Community Development
Cassandra L. Turner, Economic Development Specialist
CM09-000 16
LEASE
Between
THE CITY OF ROANOKE
and
Adel Eltawansy d/b/a Zorba's
C: \DOCUMENTS AND SEt'rI'INGS\BDCTl \MY OOCUMENTS\ZORJ3A' S\Z01U!A I S LEASE AGRBEMENT. DOC
, HEADING
PREMISES
TERM
BASE RENT; ESCALATIONS
COMMON AREA MAINTENANCE
LANDLORD OBLIGATIONS
TENANT'S OBLIGATIONS
USE OF PREMISES
EXCLUSIVITY
ASSIGNMENT AND SUBLITTING
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 LAN DLORD
NO PARTNERSHIP
BROKERS COMMISSION
NOTICES
HOLlJI NG OVER
BENEFITAND BURDEN
GENDER AND NUMBER
ENTIRE AGREEMENT
LEASE
INDEX
C:\DOCUMENTS AND SETTlNCS\EOCTl\MY DOCUMENlS\ZORBA'S\ZORBA'S LEASE AGREEMENT.DOC
I
PAGE
2
2
3
3
4
4
4
4
4
4
5
5
5
6
6
6
7
7
7
7
7
7
7
INVALIDITY OF PARTICULAR PROVISIONS
HAZARDOUS SUBSTANCES
INSURANCE
SE~URITY 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
LIABILITY OF LANDLORD
TENANT IMPROVEMENTS
BUSINESS HOUR MODIFICATION
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
C:\OOCUMENTS AND SETT1N~S\EDCT1\MY DOCUMENTS\ZORBA'S\ZORBA'S LEASE A~REEMENT,DOC
II
7
7
8
9
9
10
10
10
10
10
11
11
11
11
11
11
Floor Plan
Common Area Floor Plan
Menu
Rules and Regulations
Sign Regulations
Guaranty
LEASE
THIS LEASE is made this ____day of _________________~__2009 by and between the
CITY OF ROANOKE (hereinafter referred to as "Landlord"), and Adel Eltawansy
d/b/a Zorba's, (hereinafter referred to as "Tenant"),
WITNESSETH:
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, Stalls #126. 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 ofthis Lease shall commence on March 1,2009,
("Commencement Date") and shall expire at 11 :59 o'clock p.m. on March 3l.
2009. Unless written notice is given by the City at least sixty (60) days prior to
the end of the initial term, or any renewal term, by the tenant, this Lease shall
automatically renew for another month. Each renewal term shall be upon the
same terms and conditions as the prior month, and upon the mutual agreement of
the parties. Provided that such renewal terms shall not exceed a maximum of
eleven (11) months.
3. BASE RENT: ESCALATIONS ,The base rent for each month of the term
shall be based on cost per square foot. Tenant shall pay as base rent for the
h d f d I
Premises for each mont of the Lease accor ina to the allowina sche u e:
Period Square Per Square Monthly Rent Annual Rent
Footage Foot Amount Amount
Amount
3/1/09 - 210 $29.71 $519.93 $6,239.10
3/31/09
If the Commencement Date is other than the first day of the month; the first
month of the Lease term shall be deemed to be extended to include such partiaJ
month and the following month, 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 forthe 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
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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, 215 Church Ave, Roanoke, Virginia 24011, 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 re,ntal, 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 Nine Dollars ($309.00) 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:
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 011 eq'uipment 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 ofthe tenants of the Building, their
employees, agents, servants, customers and invitees. The Common Areas further
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(I)
U)
(k)
(I)
(m)
(n)
(0)
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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 ofthe 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
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.
1
(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 ofthis Lease, ordinary wear and tear excepted,
and not use any part ofthe Premises or the Common Areas of the Building
in a negligent manner.
(b) Tenant shall take good care ofthe 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 df 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 forthe purpose of
conducting therein the sale of Restaurant serving Greek and Mediterranean,
cuisine menu items. 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 1 0:00 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 (ij) the Premises
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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 CityofRoanoke 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 ofthe 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 ofthe Landlord the tenant is thereby in default
of its Lease. Landlord and Tenant acknowledge that it is the intent ofthe 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 ofthe Building. Tenant further agrees notto
market any product that would impair a current Tenant's sales. Tenant
acknowledges and agrees that ifthere 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 SUBLETTING Tenant shall not voluntarily or
involuntarily assign this Lease in whole or in part, nor subletall or any partofthe
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 a third 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 surrendere(j to Landlord before
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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.
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 ofthe 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 ofterminating
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 totime
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, an'd from time to
time, upon not less than ten (l0) 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, ifthere 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 m'ay have knowledge and the claims or offsets, if any, claimed by Tenant; it
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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 (l 0) day period, Landlord may
conclusively presume and rely upon the following facts: (i) that, the terms and
provisions ofthis 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
(l0) 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
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 Ten ant, 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 ifthe 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 IfTe'nant shall fail to pay any monthly installment of
Rent and/or as required by this Lease, or shall violate or fail to perform any ofthe
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 for a period of
ten (l0) 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 (l0)
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 ofthe term of th is 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
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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 atlandlord's option, may be deferred until the expiration
of the term ofthis 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 ofthis 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 clai m against Landlord (or otherwise) for any portion ofthe amou nt
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 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 ofthe covenants, terms and conditions ofthis Lease to be performed
by Tenant, Tenant shall, during the term hereby created, freely, peaceably and
quietly occupy and enjoy the full possession ofthe 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, 117 Church Avenue, Roanoke, Virginia 24011,
Attention: Director of Economic, and (ii) if to Tenant, at 32 Market Sauare. SE,
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
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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 orterminated in whole or in part in any
manner otherthan by an agreement in writing duly signed by both parties hereto.
..J
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 I
with and conform to all laws, statues, ordinances, rules and regulations of any I
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 w~ste
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.
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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. /
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 Ten ant's
work at Tenant's cost and expense and (ij) 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 ofthis leaseand upon each renewal ofthe 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 ofthe 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
A,~)
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(a) AMOUNT OF DEPOSIT Tenant will deposit a sum equal to the amount of
the rent in the last month of the lease with the landlord before the
commencement of this lease. Such deposit shall be held by landlord,
without liability for interest, as security for the faithful performance by
Tenant ofall ofthe terms, covenants and conditions ofthe lease by Tenant
to be kept and performed during theterm hereof. If at any time during the
term of this lease any of the rent herein reserved shall be overdue and
unpaid, or any other sum payable by Tenant to Landlord hereunder shall be
overdue and unpaid, the landlord may, at the option of Landlord,
appropriate and apply any portion of such deposit to the payment of any
such overdue rent or other sum.
(b) USE AND RETURN OF DEPOSIT In the event ofthe failure ofTenant to
keep and perform any ofthe terms, covenants, and conditions ofthis lease
to be kept and performed by Tenant, then the landlord at its option may
appropriate and apply the entire such deposit, or so much thereof as may
be necessary, to compensate the landlord for loss of damage sustained or
suffered by landlord due to such breach on the part of Ten ant. Should the
entire deposit,or any portion thereof, be appropriated and applied by
landlord for the payment of overdue rent or other sums due and payable to
landlord by Tenant hereunder, then Tenant shall, upon the written demand
of landlord, forthwith remit to landlord a sufficient amount in cash to
restore such security to the original sum deposited, and Tenant's failure to
do so within five (5) days after receipt of such demand shall constitute a
breach of this Lease. Should Tenant comply with all of such terms,
covenants and conditions and promptly pay the entire rental herein
provided for as it falls due, and all other sums payable by Tenant to
Landlord hereunder, such deposit shall be returned in full to Tenant at the
end ofthe Lease Term or upon the earlier termination of this Lease.
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 Ten ant 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 comp~tent 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.
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
C:\DOCUMENTS AND SETTlNGS\EDCTl \MY DOCUMENTS\ZORBA 'S\ZORBA'S LEASE AGREEMENT,DOC
10
I~
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 orany
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 theprovisionsofthe 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 w'ill be binding upon each contractor or I
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 ofthe 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 ofthis section, "drug-free workplace" means a site for the
performance of work done in con nection 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 "0" 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 By virtue of entering into this lease, Tenant agrees to
have executed the Guaranty contained in Exhibit "F" attached hereto and made
C:\DOCUMENTSAND SElTINGS'\EDCT1\MY OOCUMENT5\ZORBA'S\ZORBA'S LEASE AGREEMENT,OOC
11
part of this Lease. Such Guarantor(s) shall first be approved by Landlord in
writing. Tenant agrees to provide information concerning Guarantor(s) to Landlord
upon request.
46. LIABILITY OF LANDLORD As to this Lease Agreement, Landlord shall
not be liable to Tenant, its employees, agents, business invitees, licensees,
customers, clients, family members, guests or trespassers from any damage,
compensation or claim arising during the term ofthis Lease Agreement, from the
necessity of repairing any portion of the Building, the interruption in the use of
the Premises, accident or damage resulting from the use or operation (Landlord,
Tenant, or any other person or persons whatsoever) of elevators, or heating,
cooling, electrical or plumbing equipment or apparatus, or the termination of this
Lease by reason of the destruction of the Premises, or from any fire, robbery,
theft, and/or any other casualty, or from any leakage in any part or portion ofthe
Premises or the Building, or from water, rain or.snow that may leak into, or flow
from, any part ofthe Premises or the Building, or from drains, pipes or plumbing
work in the Building, or from any other cause whatsoever. Any goods, property or
personal effects, stored or placed by Tenant in or about the Premises or Building,
shall be at the risk of Tenant, and Landlord shall not in any manner be held
responsible therefore. The employees of Landlord are prohibited from receiving
any packages or other articles delivered to the Building for Tenant, and if any
such employee receives any such package or articles, such employee shall be the
agent of the Tenant and not of Landlord.
Intentionallv Omitted
C:\DOCUMENTS AND SEiTlNGS\EDcn \MY DOCUMENTS\ZORBA'S\IORBA'S LEASE AGREEMENT.DOC
12
LANDLORD:
CITY OF ROANOKE
ATTEST:
Stephanie M. Moon, City Clerk
~: ~~U
Print Name: Darlene Burcham
Title: City Manager
TENANT:
By:
Print Name:
Title:
(SEAL)
SS#: ______________________________
Approved as to Form:
Assistant City Attorney
C:\DOCUMENTS AND SETTlNGS\EDcn\MY DOCUMENTS\ZORBA'S\IORBA'S LEASE AGREEMENT. DOC
13
EXHIBIT A
FLOOR PLAN
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COMMON AR~S FLOOR PLAN
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EXHIBIT D
RULES AND REGULATIONS
1. 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.
2. Tenant shalj 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.
3, Tenant agrees to handle all deliveries and refuse through the Salem
Avenue entrance (if one) of the Premises.
4. No sign shall be permanently affixed to the plate glass of any window
without prior written consent of Landlord.
S. No solicitation material shall be displayed inside the building or affixed
to the exterior of the building,
6. Tenant shall keep Premise's, windows and window frames clean (inside
and out) at all times and wash them weekly.
7. 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,
8. Tenant is responsible for the replacement of light bulbs in its space
9. 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.
10, Tenant shall be responsible for breaking down and having all cardboard
boxes ready for pick up.
11. (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,
\}
C:\DOCUMENTS AND SETTlNGS\EDCT1\MY DOCU MENTS\IORBA'S\ZORBA'S LEASE AGREEMENT.DOC
17
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 including the directories, in place, number, size, color and style,
unless approved by 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, 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,
C:\DOCUMENTS AND SEiTlNGS\EOcn\MY DOCUMENTS\IORBA'S\IORBA'S LEASE AGREEMENT.DOC
18
EXHIBIT F
GUARANTY
PERSONAL GUARANTEE
Intentionallv Omitted
C:\DOCUMENTS AND SETTlNGS\EDCT1\MY DOCUMENTS\IORBA'S\IDRBAS LEASE AGREEMENT,DOC
19
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S, W" Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva,gov
SHEILA N, HARTMAN. CMC
Deputy City Clerk
CECELIA T, WEBB
Assistant Deputy City Clerk
STEPHANIE M, MOON, CMC
City Clerk
February 18, 2009
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching 'copy of Ordinance No. 38369-021709 authorizing the City
Manager to execute a lease agreement with Georgia R. Crump d/b/a Nuts &
Sweet Things, for approximately 290 square feet of space in the City Market
Building for a month-to-month term, effec~ive March 1, 2009, not to exceed
12 months,
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Tuesday, February 17,2009, and is in full
force and effect upon its passage.
Sincerely,
~~M.~
Stephanie M. Moon, CMC
City Clerk
SM M :ew
Attachment
pc: Ann H. Shawver, Director of Finance
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community Development
Cassandra L. Turner, Economic Development Specialist
6YL
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of February, 2009.
No. 38369-021709.
AN ORDINANCE authorizing the City Manager to execute a lease agreement with
Georgia R. Crump d/b/a Nuts & Sweet Things, for approximately 290 square feet of space in the
City Market Building for a month-to-month term, effective March 1, 2009, not to exceed twelve
(12) months; and dispensing with the second reading ofthis ordinance by title.
WHEREAS, a public 'hearing was held on February 17, 2009, pursuant to 9915,2-
1800(B) and 15,2-1813, 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 as follows:
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 Georgia R, Crump
d/b/a Nuts & Sweet Things, for the lease of approximately 290 square feet of space in the City
Market Building, located at 32 Market Square, Roanoke, Virginia, for a restaurant establishment,
for a month-to-month term, effective March 1, 2009, not to exceed twelve (12) months, at a
rental rate of $718,00 per month, upon certain terms and conditions, and as more particularly'
described in the City Manager's letter to this Council dated February 17, 2009,
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:
w~ t'Y). ~~
City Clerk
K:\David\Council Work\o-Iease nuts & sweet things2- I 7-09,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 17, 2009
Honorable David A, Bowers, Mayor
Honorable Sherman p, Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable AnitaJ, Price, Council Member
Honorable Court G, Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Lease Renewal for Nuts &
Sweet Things
Background:
Georgia R. Crump, owner and operator of Nuts & Sweet Things, has
requested a lease renewal agreement for approximately 290 square feet
of space to operate a restaurant serving sweets, ice cream/frozen yogurt.
The proposed lease agreement is month to month, not to exceed twelve
months, beginning March 1, 2009. The proposed agreement establishes
a base rent rate of the following:
Per Square Monthly Rent Annual Rent
Square Footaqe Foot Amount Amount
290 $29.71 $718 $8,615,90
Nuts & Sweet Things restaurant has been a tenant of the Market Building
since October 1, 1995. The common area maintenance fee is $309.00
per month,
Honorable Mayor and Members of City Council
February 17, 2009
Page 2
Recommendeq Action:
Authorize the City ,Manager to execute a month to month lease, not to
exceed twelve months, with Georgia R. Crump d/b/a Nuts & Sweet
Things, for approximately 290 square feet of space in the City Market
Building located at 32 Market Square, Roanoke, Virginia 24011,
beginning March 1, 2009. All documents shall be approved upon form
by the City Attorney.
Respectfully submitted,
.~'
Darlene L. BUfJ ham
City Manager'
DLB:c1t
c: Stephanie M. Moon; City Clerk
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
R, Brian Townsend, Assistant City Manager for Community Development
Cassandra L. Turner, Economic Development Specialist
CM09-000 19
LEASE
Between
THE CITY OF ROANOKE
and
Georgia R. Crump d/b/a Nuts & Sweet Things
C1\DOC~S .AND SETTINGS\EDC'I'1\MY DOCUMENTS\NUTS AND S"DT'mINIJS\NUTS I< SWEET mINGS LEASE.DOC
LEASE
INDEX
HEADING
PREMISES
PAGE
TERM
BASE RENT; ESCALATIONS
COMMON AREA MAINTENANCE
2
LANDLORD OBLIGATIONS
TENANT'S OBLIGATIONS
2
USE OF PREMISES
3
3
4
EXCLUSIVITY
ASSIGNMENT AND SUBLETTING
4
IMPROVEMENTS
4
SURRENDER OF PREMISES
4
INSPECTION
INSOLVENCY OR BANKRUPTCY OF TENANT
4
4
TRANSFER OF LANDLORD'S INTEREST
5
ESTOPPEL CERTIFICATE
5
DAMAGE TO THE PREMISES
DEFAULT OF TENANT
5
6
CONDEMNATION
6
NO PARTNERSHIP
6
7
COVENANTS OF LAN DLORD
BROKERS COMMISSION
7
NOTICES
HOLDING OVER
7
7
BENEFIT AND BURDEN
7
GENDER AND NUMBER
ENTIRE AGREEMENT
7
7
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I
INVALIDITY OF PARTICULAR PROVISIONS
HAZARDOUS SUBSTANCES
INSURANCE
SECURITY DEPOSIT
INDEMNIFICATION
COMPLIANCE WITH LAWS AND REGULATIONS
FORUM SELECTION AND CHOICE OF LAW
FORCE MAJ EU RE
EQUAL EMPLOYMENT OPPORTUNITY
DRUG-FREE WORKPLACE
RULES AND REGULATIONS
~ SIGNAGE
GUARANTY
LIABILITY OF LANDLORD
TENANT IMPROVEMENTS
BUSINESS HOUR MODIFICATION
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
7
7
8
9
9
10
10
10
10
10
11
11
11
11
11
11
Floor Plan
Common Area Floor Plan
Menu
Rules and Regulations
Sign Regulations
Guaranty
(:\DOCUMENTS AND SEiTlNGS\EDCT1\MY DOCUMENTS\NUTS AND SWEETTHINGS\NUTS & SWEETTHINGS LEASE. DOC
II
L~SE
THIS LEASE is made this __day of ____~_______________2009 by and between the
CITY OF ROANOKE (hereinafter referred to as "Landlord"), and Georgia R. Crump
d/b/a Nuts & Sweet Things, (hereinafter referred to as 'Tenant"),
WITNESSETH:
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, Stalls #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 1,2009,
("Commencement Date") and shall expire at 11 :59 o'clock p,m. on March 31.
2009, Unless written notice is given by the City at least sixty (60) days prior to
the end of the initial term, or any renewal term, by the tenant, this Lease shall
automatically renew for another month. Each renewal term shall be upon the
same terms and conditions as the prior month, and upon the mutual agreement of
the parties, Provided that such renewal terms shall not exceed a maximum of
eleven (11) months.
3. BASE RENT: ESCALATIONS The base rent for each month of the term
shall be based on cost per square foot. Tenant shall pay as base rent for the
f h h f h d h f II h d I
I
Premises or eac mont o t e Lease accor ina to t e 0 owina sc e u e:
Period Square Per Square Monthly Rent Annual Rent
Footage Foot Amount Amount
Amount
3/1/09 - 290 $29,71 $718 $8,615,90
3/31/09
If the Commencement Date is other than the first day of the month, the first
month of the Lease term shall be deemed to be extended to include such partial
month and the following month, so as to end on the last day ofthe 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
hereu nder) 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 ofthis 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
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'\
/
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 ,!S payment by insufficient funds check). Tenant shall pay rentto landlord
at City of Roanoke, 215 Church Ave, Roanoke, Virginia 24011, 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 AR~ 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 forthis lease will be a flat fee charge of Three
Hundred Nine Dollars ($309.00) 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: I
(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) lighti ng,
Ul 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 u'se as necessary),
(n) depreciation on equipment and machinery used in maintenance, costs of
personnel required to provide such services,
(0) 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 ofthe Building, their
employees, agents, servants, customers and invitees, The Common Areas further
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2
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
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 ofthis Lease, ordinary wear and tear excepted,
and not use any part ofthe Premises or the Common Areas ofthe Building
in a negligent manner,
(b) Tenant shall take good care ofthe 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 ofthe 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 PREM ISES The Premises shall be used for the purpose of
conducting therein the sale of Restaurant serving Sweets, Ice Cream/Frozen
Yogurt cuisine menu items, 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 1 0:00 a,m, to
6:00 p.m, (not less than eight (8) hours per day, Monday through Saturday) ofthe
Building as established or as may be amended by Landlord and (ij) the Premises
C:\DOCUMENTS AND SETTNGS\EDCT1\MY DOCUMENTS\NUTS AND SWEETTHINGS\NUTS &SWEETTHINGS LEASE.DOC
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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 ofthe customary business hours
or on the Holidays stated above.
8. EXCLUSIVITY Tenant operates a restaurant serving Sweets, Ice
Cream/Frozen Yogurt cuisine as'outlined in attached menu notedas 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 impairthe sales ofthe other tenants of the
Building. Accordingly, Landlord agrees not to lease to tenants selling similarfood,
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 ofthe 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 SUBLETTING Tenant shall not voluntarily or
involuntarily assign this Lease in whole or in part, nor sublet all or any part ofthe
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 a third party for
the sublease or assignment of the Premises, Tenant shall forthwith notify
Landlord in writing, attaching a copy of such offer, of Ten ant'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
p'ower 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
C:\DOCUMENTSAND SEiTlNGS\EDcn\MY DOCUMENTS\NUTS AND SWEETTHINGS\NUTS & SWEET THINGS LEASE.DOC
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surrendering the Premises and shall repair any damage to the Premises caused
thereby. Any personal property remaining in the Premises at the expiration ofthe
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,
12. INSPECTION Tenant will permit Landlord, or its representative, to enter
the Premises, upon reasonable notice to Tenant, without charge thereof to
L:andlord 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 ofthe term of
this Lease, .
13, INSOLVENCY OR BANKRUPTCY OF TENANT In the eventTenant 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 Tena.nt 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 1 7 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 du ring 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 "Yhich 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 ifso specifying each such default of which the
signer may have knowledge and the claims or offsets, if any, claimed by Tenant; it
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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 ofthis 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 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 oftime 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 PREM ISES 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 ofthe use ofthe
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 IfTenant shall fail to pay any monthly installment of
Rent and/or as required by this Lease, or shall violate or fail to perform any ofthe
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 for a period of
ten (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 oftermination, 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 Li;l.ndlord 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 ofthis Lease by reason of Tenant's
default as hereinabove provided, or if Tenant shall abandon or vacate the
Premises before the expiration or termination ofthe term ofthis Lease, Landlord
shall use its best efforts to relet the Premises on the best rental terms reasonably
available under the circumstances and ifthe full rental hereinabove provided shall
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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 ofthis Lease shall cease and terminate as ofthe 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 ofthe 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 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 ofthe 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 ofthe 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 ofthis 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, 117 Church Avenue, Roanoke, Virginia 24011,
Attention: Director of Economic, and (ij) if to Tenant, at 32 Market Sauare. SE,
unless notice of a change of address is given pursuant to the provisions of this
Article.
23, HOLDING OVER In the eventthatTenant shall n'ot 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
C:\DOCU MENTS AND SETTlNGS\EDCTI \MY DOCUMENTS\NUTS AN D SWEET T1' INGS\NUTS & SWEETT1'I~rS LEASE.DOC
7
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 masq.lline 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 orterminated in whole orin part in any
manner otherthan by an agreement in writing duly signed by both parties hereto.
27. INVALIDITY OF PARTICULAR PROVISIONS If any pr'ovision ofthis 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 coveriants 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") ofany 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, '
C\DOCUMENTS AND SETTlNGS\EDCT1\MY DOCUMENTS\NUTS AND SWEET1l<INGS\NUTS & SWEET1I<INGS LEASE,OOC
8
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 theTreatment 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 ofthe Tenant's knowledge, such an occurrence has otherwise occurred ator
affecting the Premises.
29, INSURANCE Prior to the delivery of possession ofthe 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 Oi) 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 ofthe
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,
011 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 thanonce
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
ofthe term ofthis Lease and upon each renewal ofthe 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 ofthe 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
C:\DOCUMENTS AND SEiTlNGS\EDcn\MY DOCUMENTS\NUTS AND SWEET1l1INGS\NUTS & SWEET1l11NGS LEASE,DOC
9
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 Ten ant 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 ofthe Commonwealth
of 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, labortroubles, 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 ofthe party delayed in performing the
C\DOCUMENTSAND SEiTlNGS\EDCTl\MY DOCUMENTS\NUTS AND SWEETlllINGS\NUTS& SWEETllllNGS LEASE,DOC
10
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 ofthis 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) Tenantwill 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
drugcfree 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 ofthe 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) Forthe purposes ofthis 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
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 By virtue of entering into this Lease, Tenant agrees to
have executed the Guaranty contained in Exhibit "F" attached hereto and made
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11
part of this Lease. Such Guarantor(s) shall first be approved by Landlord in
writing. Tenant agrees to provide information concerning Guarantor(s) to Landlord
upon request.
40, LIABILITY OF LANDLORD As to this Lease Agreement, Landlord shall
not be liable to Tenant, its employees, agents, business invitees, licensees,
customers, clients. family member~, guests or trespassers from any damage,
compensation or claim arising during the term of this Lease Agreement, from the
necessity of repairing any portion of the Building, the interruption in the use of
the Premises, accident or damage resulting from ,the use or operation (Landlord,
Tenant, or any other person or persons whatsoever) of elevators, or heating,
cooling, electrical or plumbing equipment or apparatus, or the termination ofthis
Lease by reason of the destruction of the Premises, or from any fire, robbery,
theft, and/or any other casualty, or from any leakage in any part or portion ofthe
Premises or the Building, or from water, rain or snow that may leak into, or flow
from, any part of the Premises or the Building, or from drains, pipes or plumbing
work in the Building, or from any other cause whatsoever, Any goods, property or
personal effects, stored or placed by Tenant in or about the,Premises or Building,
shall be at the risk of Tenant, and Landlord shall not in any manner be held
responsible therefore. The employees of Landlord are prohibited from receiving
any packages or other articles delivered to the Building for Tenant, and if any
such employee receives any such package or articles, such employee shall be the
agent ofthe Tenant and not of Landlord.
Intentionallv Omitted
C:\DOCUMENTS AND SETTlNGS\EDCT1\MY DOCUMENTS\NUTS AND SWEETlHINGS\NUTS & SWEETlHlNGS LEASE,DDC
12
,)
LANDLORD:
CITY OF ROANOKE
ATTEST:
Stephanie M. Moon, City Clerk
~: ~~U
Print Name: Darlene Burcham
Title: City Manager
TENANT:
By:
Print Name:
Title:
(S~U
SS#: ______________________________
Approved as to Form:
Assistant City Attorney
C:\DOCUMENTS AND SETTlNGS\EDCTI\MY DOCUMENTS\NUTS AND SWEETlHINGS\NUTS & SWEETlHlNGS LEASE,DOC
13
EXHIBIT A
FLOOR PLAN
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C:\DOCUMENTSAND SETTlNGS\EDCTI\MYDOCUMENTS\NUTS AND SWEETTHINGS\NUTS & SWEETTH'NGS lEASE.DOC
14
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EXHIBIT 0
RULES AND REGULATIONS
1. 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,
2, 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,
3, Tenant agrees to handle all deliveries and refuse through the Salem
Avenue entrance (if one) of the Premises.
4., No sign shall be permanently affixed to the plate glass of any window
without prior written consent of landlord,
5, No solicitation material shall be displayed inside the building or affixed
to the exterior of the building.
6, Tenant shall keep Premise's, windows and window frames clean (inside
and out) at all times and wash them weekly.
7, Tenant shall keep Premises' floors free oftrash, chewing gum and other
debris, and shall scrub and wax all tile or plastic flooring at least weekly.
8. Tenant is responsible for the replacement of light bulbs in its space
9. 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,
10, Tenant shall be responsible for breaking down and having all cardboard
boxes ready for pick up.
11. (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.
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. 17
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 including the directories, in place, number, size, color and style,
unless approved by 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, 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.
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18
EXHIBIT F
GUARANTY
PERSONAL GUARANTEE
Intentionallv Omitted
/
//
/
/
C:\DOCUMENTS AND SETTlNGS\EDCTI \MY DOCUMENTS\NUTS AND SWEET THINGS\NUTS 8, SWEET THINGS LEASE.DOC
19
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W" Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva,gov
SHEILA N, HARTMAN, CMC
Deputy City Clerk
CECELIA T, WEBB
Assistant Deputy City Clerk
STEPHANIE M, MOON, CMC
City Clerk
February 18, 2009
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms, Burcham:
I am attaching copy of Ordinance No, 38370-021709 authorizing the City
Manager to execute a lease agreement with Juan E. Garcia d/b/a Paradiso
Cuban Restaurant, for approximately 190 square feet of space in the City
Market Building for a month-to-month term, effective March 1, 2009, not to
exceed 1 2 months.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Tuesday, February 17,2009, and is in full
force and effect upon its passage.
Sincerely,
Stephanie M. Moon, CMC
City Clerk
SM M :ew
Attachment
pc: Ann H, Shawver, Director of Finance
William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community Development
Cassandra L. Turner, Economic Development Specialist
(JJL-
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of February, 2009.
No. 3837G-021709.
AN ORDINANCE authorizing the City Manager to execute a lease agreement with Juan
E. Garcia d/b/a Paradiso Cuban Restaurant, for approximately 190 square feet of space in the
City Market Building for a month-to-month tenn, effective March 1, 2009, not to exceed twelve
(12) months; and dispensing with the second reading of this ordinance by title,
WHEREAS, a public hearing was held on February 17, 2009, pursuant to ggI5.2-
1800(B) and 15,2-1813, 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 as follows:
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 Juan E, Garcia d/b/a
Paradiso Cuban Restaurant, for the lease of approximately 190 square feet of space in the City
Market Building, located at 32 Market Square, Roanoke, Virginia, for a restaurant establishment,
for a month-to-month term, effective March 1, 2009, not to exceed twelve (12) months, at a
rental rate of $470.41 per month, upon certain terms and conditions, and as more particularly
described in the City Manager's letter to this Council dated February 17,2009.
2. Pursuant to the provisions of Section 12 ofthe City Charter, the se90nd reading of
this ordinance by title is hereby dispensed with,
\ I' \ ,/
ATTEST:,,) i,
1J-+. ./',' ,/ / ,!"'~: ""/ ))0,. ,ht1 O~
A~ " "'-
City Clerk
K: \David\Council W ork\o-Iease paradiso cuban restaurant2-17 -09 ,doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church A venue, S, W" Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
City Web: www,roanokeva.gov
February 17, 2009
Honorable David A. Bowers, Mayor
Honorable Sherman P. Lea, Vice Mayor
Honorable Gwendolyn W. Mason, Council Member
Honorable Alvin L. Nash, Council Member
Honorable AnitaJ. Price, Council Member
Honorable Court G, Rosen, Council Member
Honorable David B. Trinkle, Council Member
Dear Mayor Bowers and Members of City Council:
Subject: Lease Renewal for Paradiso
Cuban Restaurant
Background:
Juan E, Garcia, the owner and operator of Paradiso Cuban Restaurant, has
requested a lease renewal agreement for approximately 190 square feet
of space to operate a restaurant serving Cuban cuisine, Paradiso Cuban
restaurant has been a tenant in the Market Building since November 1,
1995. The proposed lease agreement is for a month to month lease, not
to exceed twelve months, beginning March 1, 2009, The proposed
agreement establishes a base rent of the following:
Square Footage Per Square Monthly Rent Annual Rent
foot Amount Amount
190 $29.71 $470.41 $ 5,644.90
The common area maintenance fee is $309.00 per month,
Recommended Action:
Authorize the City Manager to execute a month to month lease, not to
exceed twelve months, with Juan E, Garcia d/b/a Paradiso Cuban
Restaurant, for approximately 190 square feet of space in the City Market
Honorable Mayor and Members of City Council
February 17, 2009
Page 2
Building located at 32 Market Square, Roanoke, Virginia 24011,
beginning March 1, 2009. All documents shall be approved upon form
by the City Attorney.
Respectfully submitted,
Darlene L. B rcham
City Manage'
DLB:c1t
c: Stephanie M, Moon, City Clerk
William M. Hackworth, City Attorney
Ann H, Shawver, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Cassandra L. Turner, Economic Development Specialist
CM09-00018
/
LEASE
Between
THE CITY OF ROANOKE
and
Juan Garcia d/b/a Paradiso Cuban Restaurant
/
CI\DOCt1MENTS AND StTTINGS\EOcrl\MY OOCtlM1m1'S\PAJtADI50\PARADISO LEASB:.DOC
LEASE
INDEX
HEADING
PREMISES
PAGE
TERM
BASE RENT; ESCALATIONS
COMMON AREA MAINTENANCE
LANDLORD OBLIGATIONS
2
2
3
TENANT'S OBLIGATIONS
USE OF PREMISES
EXCLUSIVITY
3
4
ASSIGNMENT AND SUBLETTING
4
IMPROVEMENTS
4
SURRENDER OF PREMISES
INSPECTION
4
4
If\lSOLVENCY OR BANKRUPTCY OF TENANT
TRANSFER OF LANDLORD'S INTEREST
4
ESTOPPEL CERTIFICATE
5
5
DAMAGE TO THE PREMISES
5
6
6
DEFAULT OF TENANT
CONDEMNATION
COVENANTS OF LANDLORD
6
NO PARTNERSHIP
7
BROKERS COMMISSION
7
NOTICES
7
HOLDING OVER
7
BENEFIT AND BURDEN
7
GENDER AND NUMBER
ENTIRE AGREEMENT
7
7
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I
INVALIDITY OF PARTICULAR PROVISIONS
7
HAZARDOUS SUBSTANCES
INSURANCE
7
SECURITY DEPOSIT
8
9
INDEMNIFICATION
9
COMPLIANCE WITH LAWS AND REGULATIONS
FORUM SELECTION AND CHOICE OF LAW
FORCE MAJEURE
EQUAL EMPLOYMENT OPPORTUNITY
10
10
10
10
DRUG-FREE WORKPLACE
10
RULES AND REGULATIONS
SIGNAGE
11
11
GUARANTY
11
LIABILITY OF LANDLORD
11
TENANT IMPROVEMENTS
11
BUSINESS HOUR MODIFICATION
11
Exhibit A
Floor Plan
Exhibit B
Common Area Floor Plan
Exhibit C
Menu
Exhibit D
Rules and Regulations
Exhibit E
Sign Regulations
\
Exhibit F
Guaranty
C:\DOCUMENTS AND SEiTlNGS\EDCTI\MY DOCUMENTS\PARADISO\PARADISO LEASE.DOC .
II
LEASE
THIS LEASE is made this ____day of ________________2009 by and between the
CITY OF ROANOKE (hereinafter referred to as "Landlord"), and Juan E, Garcia
d/b/a Paradiso Cuban Restaurant, (hereinafter referred to as "Tenant"),
WITNESSETH:
In consideration of ~he 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, Stalls #.l.3..hRoanoke,
Virginia 24011, as is delineated on Exhibit "A" hereto, which is hereafter referred
to as the "Premises." The Premises consists of approximately 190 square feet of
space,
2. TERM The term of this Lease shall commence on March 1,2009,
("Commencement Date") and shall expire at 11 :59 o'clock p,m~ on March 31.
2009. I Unless written notice is given by the City at least sixty (60) days prior to
the end of the initial term, or any renewal term, by the tenant, this Lease shall
automatically renew for another month. Each renewal term shall be upon the
same terms andconditions as the prior month, and upon the mutual agreement of
the parties, Provided that such renewal terms shall not exceed a maximum of
eleven (11) months. .
3. BASE RENT; ESCALATIONS The base rent for each month of the term
shall be based on cost per square foot, Tenant shall pay as base rent for the
P . f h h f h L d' h f II h d I
remises or eac mont o t e ease accor mq to t e 0 owinq sc e u e:
Period Square Per Square Monthly Rent Annual Rent
Footage Foot Amount Amount
Amount
3/1/09 - . 190 $29,71 $470.41 $5,644,90
3/31/09
If the Commencement Date is other than the first day of the month, the first
month of the Lease term shall be deemed to be extended to include such partial
month and the following month, so as to end on the last day ofthe 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 ofthis 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
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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, 215 Church Ave, Roanoke, Virginia 24011, 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 AR~ 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 Nine Dollars ($309.00) per month. These fees will increase by three
(3%) pe.rcent 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,
U) 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,
(0) 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 ofthe tenants ofthe Building, their
employees, agents, servants, customers and invitees. The Common Areas further
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2
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
responsible for the following:
(a) make all structural and capita!' 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 orreplacements 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 ofthe Building
in a negligent manner.
(b) Tenant shall take good care ofthe 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 ofthis Lease.
,
7, USE OF PREMISES The Premises shall be used for the purpose of
conducting therein the sale of Restaurant serving Cuban cuisine menu items,
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 1 0:00 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
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3
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 oron
the Holidays stated above.
8. EXCLUSIVITY Tenant operates a restaurant serving Cuban 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 ofthe parties that current
and prospective tenants of the Building not be allowed to market products that
would impairthe sales ofthe othertenants, 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 sple 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 ofthe
Premises without following the procedu res 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 a third 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 ofthe City of Roanoke, federal and state laws, rules and
regu lations.
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
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4
thereby. Any personal property remaining in the Premises at the expiration ofthe
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 terminati,on of the term of this Lease.
j
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 ofthe 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 ofterminating'
this Lease. Upon such written notice being given by Landlord to Tenant, the term
ofthis 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 ofthe Lease, stating the dates towhich 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
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upon by Landlord or a purchaser of Landlord's interest and byany 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 ofthis Lease have not been changed except as otherwise represented
by Landlord; (ii) that this Lease has riot 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 ad\(ance; and (iv) that Landlor.d
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 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 oftime 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 ifthe 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 ofthe 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~
1 7 . DEFAULT OF TENANT IfTenant shall fail to pay any monthly installment of
Rent and/or as required by this Lease, or shall violate or fail to perform any ofthe
other conditions, covenants or agreement on its part contained in this Le'ase and
such failure to pay Rent or such violation or failure shall continue for a period of
ten (1 0) days after the due date of such payment or after written notice of any
such violation orfailure 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 ofthe term ofthis Lease by reason of Tenant's
default as hereinabove provided, or if Tenant shall abandon or vacate the
Premises before the expiration or termination ofthe term ofthis 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
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')
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 an'y 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 ofthe 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 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 afore"said, and that if Tenant shall pay the Rent and
perform all ofthe covenants, terms and conditions ofthis Lease to be performed
by Tenant, Tenant shall, during the term hereby created, freely, peaceably and
quietly occupy and enjoy the full possession ofthe 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 crea~e 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, 117 Church Avenue, Roanoke, Virginia 24011,
Attention: Director of Economic, and (ii) if to Tenant, at 32 Market Sauare. SE,
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 no~ 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,
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7
I
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 pro,nouns 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 ofany force or effect,
, This Lease may not be modified, changed or terminated in whole or in part in any
manner otherthan 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 inor affecting the
Premises.
Tenant hereby agrees itwill 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
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'"
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 ofthe Tenant's knowledge, such an occurrence has otherwise occurred at or
affecting the Premises.
29. INSURANCE Priorto.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 ofthe
Premises t,o 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 replac~ment,
shall be delivered to Landlord promptly without demand upon the commencement
ofthe 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 ofthe 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 premiu m,
30. SECURITY DEPOSIT
(a) AMOUNT OF DEPOSIT Tenant will deposit a sum equal to the amount of
C:\DOCUMENTS AND SETTlNGS\WGn\MY DOCUMENTS\PARADISO\PARADISO LEASE.DOC
9
the rent in the last month of the Lease with the landlord before the
commencement of this Lease, Such deposit shall be held by Landlord,
without liability for interest, as security for the faithful performance by
Tenant of all ofthe terms, covenants and conditions of the Lease by Tenant
to be kept and performed during the term hereof. If at any time during the
term of this Lease any of the rent herein reserved shall be overdue and
unpaid, or any other sum payable by Tenant to Landlord hereunder shall be
overdue and unpaid, the Landlord may, at the option of Landlord,
appropriate and apply any portion of such deposit to the payment of any
such overdue rent or other su m.
(b) USE AND RETURN OF DEPOSIT In the event ofthe failure of Tenantto
keep and perform any ofthe terms, covenants, and conditions of this Lease
to be kept and performed by Tenant, then the Landlord at its option may
appropriate and apply the entire such deposit, or so much thereof as may
be necessary, to compensate the Landlord for loss of damage sustained or
suffered by Landlord due to such breach on the part of Ten ant, Should the
entire deposit, or any portion thereof, be appropriated and applied by
Landlord for the payment of overdue rent or other su ms due and payable to
Landlord by Tenant hereunder, then Tenant shall, upon the written demand
of Landlord, forthwith remit to Landlord a sufficient amount in cash to
restore such security to the original sum deposited, and Tenant's failure to
do so within five (5) days after receipt of such demand shall constitute a
breach of this Lease. Should Tenant comply with all of such terms,
covenants and conditions and promptly pay the entire rental herein
provided for as it falls due, and all other sums payable by Tenant to
Landlord hereunder, such depOSit shall be returned in full to Tenant at the
end of the Lease Term or upon the earlier termination of this Lease.
'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, claim's, 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 Ten ant or its employees, seryants,
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 ofthe 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 trou bles, 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 ofthe party delayed in performing the
work or doing acts required under the terms ofthis Lease, then the time allowed
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10
for performance for such act shall be extended by a period equivalent to the
period of such delay. The provisions ofthis 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 bon~ 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 ofthe 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; Wi) 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 pu rposes 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
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 By virtue of entering into this Lease, Tenant agrees to
have executed the Guaranty contained in Exhibit "F" attached hereto and made
part of this lease, Such Guarantor(s) shall first be approved by Landlord in
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writing. Tenant agrees to provide information concerning Guarantor(s) to Landlord
upon request.
40. LIABILITY OF LANDLORD As to this Lease Agreement, Landlord shall
not be liable to Tenant, its employees, agents, business invitees, licensees,
customers, clients, family members, guests or trespassers from any damage,
compensation or claim arising during the term ofthis Lease Agreement, from the
necessity of repairing any portion of the Building, the interruption in the use of
the Premises, accident or damage resulting from the use or operation (Landlord,
Tenant, or any other person or persons whatsoever) of elevators, or heating,
cooling, electris;al or plumbing equipment or apparatus, orthe termination ofthis
Lease by reason of the destruction of the Premises, or from any fire, robbery,
theft, and/or any other casualty, or from any leakage,in any part or portion of the
Premises or the Building, or from water, rain or snow that may leak into, or flow
from, any part ofthe Premises or the Building, or from drains, pipes or plumbing
work in the Building, or from any other cause whatsoever. Any goods, property or
personal effects, stored or placed by Tenant in or about the Premises or Building,
shall be at the risk of Tenant, and Landlord shall not in any manner be held
responsible therefore. The employees of Landlord are prohibited from receiving
any packages or other articles delivered to the Building for Tenant, and if any
such employee receives any such package or articles, such employee shall be the
agent of the Tenant and not of Landlord,
Intentionallv Omitted
"\DOCUMENTS AND SEiTlNGS\EDcn\MY DOCUMENTS\PARADISO\PARADISO LEASE.DOC
12
LANDLORD:
CITY OF ROANOKE
ATTEsT:
Stephanie M. Moon, City Clerk
~: ~~U
Print Name: Darlene Burcham
Title: Citv Manaaer
TENANT:
By:
Print Name:
Title:
(S~U
SS#: ______________________________
Approved as.to Form:
Assistant City Attorney
C,\DOCUMENTS AND SETTlNGS\EDcn\MY DOCUMENTS\PARADISO\PARADISO LEASE. DOC
13
EXHIBIT A
FLOOR PLAN
C:\DOCUMENTS AND SETTlNGS\EDcn\MY DOCUMENTS\PARADISO\PARADISO LEASE,DOC
14
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EXHIBIT B
COMMON AREAS FLOOR PLAN
Attach here
C:\DOCUMENTS AND SETTlNGS\EDCT1\MY DOCU MENTS\PARADISO\PARADISO LEASE. DOC
15
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EXHIBIT C
MENU
Attach here if Food Court Tenant
C\DOCUMENTS AND SETTlNGS\EDcn\MY DDCUMENTS\PARADISO\PARADISD LEASE,DOC
16
;'''"']
... . "~
POU"~ cub-ct.n,'Re:fta.urCfAltt'
1, ROCtftpOYk-, rLce-, ~buwv!O'lAp, ~
2, PeppfW fteaks rLce-, ~
3, chf.ck.e,vv br~ yeUow r{..ce-, ~
4, ROPCt/VIRfCt/ - beef; browV\lr{..ce-, ~
5, ArrO%'CO'Jl\lPoUo--~~ rice" ~ ~
6. 'Be.ef-{r~ rice" ~
7. Cub-ct.n, {rCedt r(,c.e;
8. iropccaJ.;Shru-np, yeUow r{..ce-, {rlAft ~
9. i~ rLce-, ~ ~
10. 'B'La<;kt 1nu:wv!O'lAp, whi;te; r{..ce-, wJ.a.<L, bread,;
11, V~OU"~place,- - r{..ce-, y~ ~ ~ bread,;
12, Cub-ct.n, v~~ - pot'Ctt'~ ri'.c.e1 fY'l.A.a;; ~
13, 'Be.efTl~ bto..cl<" ~ r{..ce-, wJ.a.<L, bread,;
14. C~'t~
15, Sat'\dw~-C~ poyk-, ~ ihru-np, hor..m;lNt'\.d..o~
S (.de,. () rde,y-~
p~
F ve-Yl.C1v f~
y~
'Bread,;
chi.cke-YvSoup ("Tl~CNt'Ii4JvPa.e.UaJ'~)
Vv~
SodA;;w
co{fee;
Tw.;
EXHIBIT D
RULES AND REGULATIONS
1. 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,
2. 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.
3. Tenant agrees to handle all deliveries and refuse through the Salem
Avenue entrance (if one) of the Premises,
4. No sign shall be permanently affixed to the plate glass of any window
without prior written consent of landlord,
5, No solicitation material shall be displayed inside the building or affixed
to the exterior of the building. '
6. Tenant shall keep Premise's, windows and window frames clean (inside
and out) at all times and wash them weekly,
7, 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,
8. Tenant is responsible for the replacement of light bulbs in its space
9, 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.
10. ' Tenant shall be responsible for breaking down and having all cardboard
boxes ready for pick up,
11, (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.
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17
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 including the directories, in place, number, size, color and style,
unless approved by 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, 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 Ten ant 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.
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18
EXHIBIT F
GUARANTY
PERSONAL GUARANTEE
Intentionallv Omitted
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19
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
- - - - - - -- -- - - - - - --- - -- - - -- - - - - -- - - - - -- - - -- - - - - - - - --+- - - - --- - - - -- - - - - - - - - - - --
OFFICE OF ECONOMIC DEVELOPMENT
117 CHRUCH AVE
ROANOKE VA 24011
REFERENCE: 80084300
11280426
State of Virginia
City of Roanoke
NPH-Market Bldg Leas
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
Virginia. Sworn and subscribed before me this
__~1!lday of Feb 2009. Witness my hand and
official seal.
_~~~~~- ~_~ Notary Public
My commi~~io~xpi~~=__l~~~Jj___.
PUBLISHED ON:
02/09
TOTAL COST:
FILED ON:
243.36
02/09/09
"''''''''''
,\\ v A 'I
...." ~O~.... ~ r: II"...
"h.~., .,:.t"...
~~"", NOTARY"...~-=:.
: .. PUBLIC '. Y -;
g * f REG. #7090930 ~ * ~
= : MY COMMISSION: =
- c:')' -R! . ..
-:. a '. PI E I" ~..
.. ~ " . -l. ~:
-:.... ~ ". ..' ~ ~
...... DIYIA:......'.~ ,\{f ,....
",,;rEALT\-\ C)'I \\\"
'111111\11\\
I.
" !
t:;~..
accommodations for this'~
hearing, ' pleas,e contact the
City Clerk's Office at (540)
'853.2541, before 12:00\
noon on:February 13, 2009: i
GIVEN under my hand thIs I
30th day of January, 2009, ,
Stephanie M, Mopn,CMC I "..
qty;9Ierk" .
.~ - "", ! '"
. ~. . ." ."\
I (11280426) ," ,
l~,,-,--:_,~_,__..:L
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - --
Authorized~, ~
Signature:_~~_
I 'NOnCE OF PUBLIC '
""..l.q,~c,c,,~~~J~I.~,l!$ n Ot kh: e I
p,r,oposes ,to, ease e
following spaces ofl
Ciiy~owned property located'
in the Roanoke City Market
Building, located at 32
Market Square, Roanoke,
Virginia 24011, each on a
month to month term basis,
'beginning March 1, 2009,
such terms not to excee~
one year: . ~
1,To Louis and Anita
Wilson d/b/a Burger in the,
Square, approximately 462.
square feet of space to be
used~as a food court
business;' ,
2.To Adel Eltawansy d/b/a
Zorba's, approximately 210
sq,uare feet of space to be I
' used as a food court
business; .
3.To Georgia R, Crump,
d/b/a Nuts n Sweet Things,
approximately 290 square
feet of space to be used as a
food court business; and
4,To Juan Eo' Garcia, d/b/a
Paradiso Cuban Restaurant,
approximately 190 square
feet of space to be used as a
foot court business, '
Pur sua n t ,t 0 the
req'uirements of
9915.2-1BOO and
15,2-1813, 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 17, 2009,
commencing at 7:00 p,m" in ,
the Council Chambers, 4th
Floor, Noel C, Taylor
Municipal Building, 215
Church Avenue, S,W"
Roanoke,Virglnia, 24011,
Further, information Is
available from the Office of
the City Clerk for the City of
Roanoke at (540) 853-2541.
Cltilens shall have the
0, pport.unity to be heard. andl
express their opinions on
said maUer,
If you are a per?on with a
disability who needs
I , I
~Y~{l(;.:\
Billing Services Representative
(0 ilL
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to lease the following spaces of City-owned property located
in the Roanoke City Market Building, located at 32 Market Square, Roanoke, Virginia 24011, each
on a month to month term basis beginning March 1, 2009, such terms not to exceed one year:
.
1.
To Louis and Anita Wilson d/b/a Burger in the Square, approximately 462
square feet of space to be used as a food court business;
2.
To Ade1 Eltawansy d/b/a Zorba's, approximately 210 square feet of space to
be used as a food court business;
3,
To Georgia R. Crump, d/b/a Nuts n Sweet Things, approximately 290~quare
feet of space to be used as a food court business; and
4,
To Juan E. Garcia, d/b/a Paradiso Cuban Restaurant, approximately 190
square feet of space to be used as a foot court business.
Pursuant to the requirements of SS 15,2-1800 and 15,2-1813, 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 17,2009, commencing at
7:00 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 hear~ 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 February 13, 2009,
GIVEN under my hand this 30th, day of January, 2009,
Stephanie M, Moon, CMC
City Clerk.
L:\ATTORNEY\DAT A\CLRVl\David\CoWlcil Work\ph market bldg spaces 2-17-09.doc
Notice to Publisher:
Publish once in the Roanoke Times on Monday, February 9,2009,
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
Send Bill to:
Brian Brown
Economic Development Administrator
117 Church Avenue, S, W,
Roanoke, Virginia 24011
(540) 853-2715
~. Hearing of Citizens
7:00 p.m.
Roanoke Central Council
PT/J
everl'c.hild, mll!VOlcC.
P. 0, Box 13145
Roanoke, VA 24031
February 10, 2009
Dear Mayor Bower and Distinguished Members of Roanoke City Council:
We would like to thank you for your continuing support of Roanoke City Public Schools. As you
know Roanoke Central Council PT A is composed of members elected by each of Roanoke's 29
PTAs to represent its members on system-wide and statewide issues affecting public education,
We also serve as a liaison between the schools and the Virginia PT A, which is the fifth largest
PTA in the nation with over 358,000 members, We greatly appreciate your response to our
previous requests for additional funding for Roanoke City Public Schools and support for the new
high schools and stadiums.
It is our understanding that Roanoke City Council is contemplating many budget changes
throughout the city, including reducing funding to our public school system. We strongly believe,
however, that during tough economic times, it becomes even more critical to support pUblic
education. The children of Roanoke are our greatest resource and our city's future. Our school
system is an asset that affects the selection of Roanoke as a location for current and future
businesses. It is in this spirit that we, after a unanimous vote at our February 4 meeting, make
the following requests:
· We would appreciate as much additional time as possible to ready the RCPS
budget for presentation to City Council. The deadline of March 15 is fast
approaching, with no final revenue figures on which to base the budget.
· Please reconsider your decision to withhold the additional $500,00 of the
$1,000,000 increase pledged by City Council last year, This $500,000 shortfall
would be equal to the loss of ten Roanoke City Public School teachers, something
we cannot afford.
Roanoke Central Council PT A recognizes that there are compelling economic needs throughout
the city. We respectfully request that you consider providing as much additional funding for our
school system as possible.
7JcUuIlY~~d1~
pegg~, President
Roanoke Central Council PT A
Phone: 362-8122 Email: peowens1@yahoo.com
PRICE
38371-030209
ROANOKE CITY COUNCIL
RECESSED MEETING FROM
FEBRUARY 17, 2009
MARCH 2, 2009
9:00 A.M.
CITY COUNCIL CHAMBER
AGENDA
1 , Call to Order--RolI Call. All Present.
2, The Invocation was delivered by Mayor David A. Bowers.
3, The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Bowers, '
4, Statement of Purpose, Mayor Bowers.
Adopted Resolution No. 38371-030209 appointing M. Rupert Cutler, as a
member of the City Council for a term commencing upon his qualification and
expiring June 30, 2010. (6-0)
5, Adjourn,
1
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: cIerk@roanokeva.gov
SHEILA N, HARTMAN, CMC
Deputy City Clerk
CECELIA T, WEBB
Assistant Deputy City Clerk
STEPHANIE M, MOON, CMC
City Clerk
March 3,2009
The Honorable M, Rupert Cutler
204 Jefferson Street, S, E" Unit 4
Roanoke, Virginia 24011
Dear Dr. Cutler:
I am attaching copy of Resolution No, 38371-030209 appointing you as a
member of the City Council for a term commencing upon your qualification and
expiring June 30, 2010,
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a recessed meeting held on Monday, March 2, 2009,
Sincerely,
~ th. /YJ;avv
Stephanie M. Moon, CMC l ,
City Clerk
SM M :ew
Attachment
pc: Keli M. Greer, Director, Human Resources
Ann H. Shawver, Director of Finance
. ~
J'
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA
The 2nd day of March, 2009.
No. 38371-030209.
A RESOLUTION appointing M, Rupert Cutler as a member of the City Council for a te~
commencing upon his qualification and expiring June 30, 2010.
WHEREAS, Alvin L. Nash, member of City Council, has by letter dated February 9, 2009,
resigned from City Council effective February 28,2009;
WHEREAS, Mr. Nash's term of office would have expired June 30, 2010; and
WHEREAS, this Council is desirous of appointing M, Rupert Cutler to fill the Council vacancy
created by the resignation of Mr. Nash for a term commencing upon his qualification and expiring June
30,2010.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The resignation of Alvin L. Nash, as a member of the City Council effective February
28,2009, is hereby acknowledged,
2, M, Rupert Cutler is hereby appointed as a member of the Council of the City of
Roanoke for a term commencing upon his qualification and expiring June 30, 2010,
3. Pursuant to 959 of the City Charter, before entering upon the duties of a member of City
Council, M. Rupert Cutler shall qualify for office by taking the oath prescribed by general law of the
Commonwealth.
ATTEST: .::." l.-...~: .,' i
~",~\,!",." .~'rn,.~..,,"
.' .. ., .',
.~. .1 ~ " \. '.' _.
City Clerk.
K:\Measureslappointing council memeber 2009,doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W" Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva,gov
SHElLAN, HARTMAN, CMC
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T, WEBB
Assistant Deputy City Clerk
March 3, 2009
Mr. GuyW. Byrd, Jr.
M r. Robert R. Craig
Ms. Valerie L. Garner
Mr, Derrick L. Journiette
Mr. James W. Settle
Mr. Phillip F, Sparks
Mr. William White, Sr.
Mr, Jason V, Wolfrey
Dear Ms. Garner and Gentlemen:
At a recessed meeting of the Council of the City of Roanoke held on Monday,
March 2, 2009, the City Council adopted Resolution No. 38371-030209
appointing M. Rupert Cutler as a member of the City Council for a term
commencing upon his qualification and expiring June 30, 2010,
On behalf of the Mayor and Members of Roanoke City Council, I would like to
express appreciation for your interest in serving the City of Roanoke as an
Interim Council member.
Sincerely,
A~ In. n-;OUN
Stephanie M. Moon, CMC
City Clerk
SM M :ew