HomeMy WebLinkAboutCouncil Actions 10-17-16DYKSTRA
c+p° 40670 - 101716
ROANOKE CITY COUNCIL
REGULAR SESSION
OCTOBER 17, 2016
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order - -Roll Call. All present.
The Invocation was delivered by Father Louis Benoit, Retired Priest, Saint
Gerard Catholic Church.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Sherman P. Lea, Sr.
Welcome. Mayor Lea.
Mayor Lea introduced Yulanda Shultz, Administrative Assistant in
the City Clerk's Office.
NOTICE:
Today's Council meeting will be televised live and replayed on RVTV Channel 3
on Thursday, October 20 at 7:00 p.m., and Saturday, October 22 at 4:00 p.m.;
and video streamed by Internet through CivicPlus, at
roanokeva.gov /councilmeetings. Council meetings are offered with closed
captioning for the hearing impaired.
ANNOUNCEMENTS:
Persons wishing to address Council will be required to contact 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.
The Council of the City of Roanoke is seeking applications for the following
current vacancies and/or upcoming expirations of terms of office:
Board of Zoning Appeals — two vacancies
Three -year terms of office ending December 31, 2020
Human Services Advisory Board — one vacancy
Unexpired term of office ending November 30, 2016
Personnel and Employment Practices Commission — two vacancies
Unexpired term of office ending June 30, 2018
Three -year term of office ending June 30, 2019
Roanoke Civic Center Commission — one vacancy
Term of office ending September 30, 2019
Towing Advisory Board — one vacancy
Term of office ending October 31, 2019 (Tower)
Visit Virginia's Blue Ridge, Board of Directors — one vacancy
Unexpired term of office ending June 30, 2017
Contact the City Clerk's Office at 853 -2541, or access the City's homepage to
complete an online application.
2. PRESENTATIONS AND ACKNOWLEDGEMENTS:
A proclamation declaring Saturday, October 29, 2016 as Saint Gerard Catholic
Church Day in honor of its 701" Anniversary.
Mayor Lea presented ceremonial copy of proclamation to Charles
Anderson, oldest Parish Member and Father Louis Benoit, Retired Priest.
A Proclamation declaring October 23 - 30, 2016 as Red Ribbon Week.
Mayor Lea presented ceremonial copy of proclamation to Karen Pillis, Vice -
Chair, Red Ribbon Week Committee, Roanoke Area Youth Substance
Abuse Coalition (RAYSAC); and Corporal Cody Jackson, Young Marine
Program.
Presentation of the Virginia Municipal League Stairway to Success Program and
Green Government Challenge Platinum Certification Awards, respectively.
Mayor Lea presented the City Manager with the Stairway to Success and
Green Government Challenge Platinum Certification Awards from the
Virginia Municipal League Conference held on October 10 in Virginia
Beach, Virginia.
3. HEARING OF CITIZENS UPON PUBLIC MATTERS:
City Council sets this time as a priority for citizens to be heard. All matters will be
referred to the City Manager for response, recommendation or report to Council,
as he may deem appropriate.
Dr. Melanie Crovo, 1952 Grandin Road, S. W., appeared before Council
regarding decriminalization of marijuana.
Robert Gravely, 3360 Hershberger Road, N. W., appeared before Council
regarding creation of jobs for the community.
Gary Flora, 4833 Brookwood Drive, appeared before Council regarding gun
legislation.
Catherine Koebel, 2625 Longview Avenue, S. W., appeared before Council
and shared statistics involving the use of guns for protection.
Mary Nottingham, 3214 Allendale Street, S. W, appeared before Council in
support of legislation to prohibit guns in public buildings.
David Harrison, 5305 Medmont Circle, S. W., appeared before Council to
thank them for their commitment to gun safety.
Daniel Highberger, 1327 Main Street, S. W., appeared before Council to
present statistics on crime and to defend the constitutional right to bear
firearms.
Roger Malouf, 4025 Mudlick Road, S. W., appeared before Council to
defend the constitutional right to bear firearms.
Matthew Jones, 2610 Belle Avenue, N. E., in support of legislation to
prohibit guns in public buildings.
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.
The Mayor called attention to one Closed Meeting request from the City
Manager to discuss disposition of publicly -owned property located at
13 Church Avenue, S. E.
C -1 A communication from the City Manager requesting that City Council
convene in a Closed Meeting to discuss disposition of publicly -owned property
located at 13 Church Avenue, S. E., where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the public body,
pursuant to Section 2.2- 3711(A)(3), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
C -2 Annual Report of the Fair Housing Board for Fiscal Year ending 2015 -
2016.
RECOMMENDED ACTION: Received and filed.
C -3 Reports of qualification of the following individuals:
Daniel J. Callaghan as City Attorney, Stephanie M. Moon Reynolds
as City Clerk, and Troy A. Harmon as Municipal Auditor of the City
of Roanoke for two -year terms of office, each, commencing
October 1, 2016 and ending September 30, 2018;
William Poe as a Director of the Economic Development Authority
for a four -year term of office ending October 20, 2020;
Corbin Prydwen as a Property Management representative of the
Building and Fire Code Board of Appeals for a term of office ending
June 30, 2019; and
Cerid E. Lugar as a member (Citizen At- Large) of the Youth
Services Citizen Board for a three -year term of office ending
June 30, 2019.
RECOMMENDED ACTION: Received and filed.
REGULAR AGENDA:
BID OPENINGS:
Bids for the sale and transfer of certain easements on City -owned properties in
connection with the Hotel Project at Market Garage.
Sole bid received from South Commonwealth Partners, LLC, and referred to the
City Manager for review and recommendation to the Council.
5. PUBLIC HEARINGS: NONE.
6. PETITIONS AND COMMUNICATIONS:
a. A communication from the Honorable Timothy Allen, City Sheriff,
requesting acceptance of the State Criminal Alien Assistance Program
(SCAAP) Reimbursement Grant from the Bureau of Justice Assistance
Office in conjunction with the U. S. Department of Homeland Security to
partially fund the purchase of a new inmate transport vehicle; and a
communication from the City Manager concurring in the request.
Adopted Resolution No. 40670- 101716 and Budget Ordinance No.
40671. 101716. (7 -0)
7. REPORTS OF CITY OFFICERS AND COMMENTS OF
CITY MANAGER:
a. CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
Acquisition of real property rights for the Windsor Road Stormwater
Drainage Improvements Project.
Adopted Ordinance No. 40672- 101716.(7 -0)
Approval of two encroachment permits into the City's public right -of-
way to allow placement of an existing sign and canopy,
respectively, in connection with the new Hampton Inn located at the
corner of Luck and Church Avenue, S. E.
Adopted Ordinance No. 40673. 101716. (7.0)
COMMENTS OF CITY MANAGER.
The City Manager offered the following comments:
VML Awards
Last weekend at Virginia Municipal League Annual Conference, the City of
Roanoke was recognized with three awards:
• Stairway to Success
o Stairway to Success is a friendly competition among VML member
localities. The program seeks to increase local government's role in
early childhood education, which in turn, builds a qualified, well -
educated workforce. The competition awards points to localities for
specific actions that enhance the early childhood experience
• HEAL City
o HEAL Cities & Towns provide free technical assistance and support
to local elected officials and their staff to adopt policies that stem
the obesity epidemic and create healthy, prosperous communities.
• Go Green
o The Green Government Challenge is a friendly competition
designed to encourage implementation of specific environmental
policies and practical actions that reduce carbon emissions
generated by both the local government and the broader
community. Cities, towns and counties can earn points for these
actions. Many of these actions can save local governments money.
Go Outside Festival
October 14 -16 at River's Edge
(Timothy will provide an update to you regarding this event)
Bisa Lick SOUP
• October 20, 6:00 p.m.
• Soaring Ridge Craft Brewers, 523 Shenandoah Ave.
• Big Lick SOUP (Supporting Outstanding Urban Projects) is a micro -
grant event partnered with a meal. Everyone is invited; a small
donation (suggested $10) is requested at the door.
• Attendees will hear four pitches for community projects and vote on
which project they like best. The project with the most votes gets all the
money collected at the door.
• For more info, visit www.biglicksouo.org
Prescription Drug Take -Back Day
Citizens are invited to help prevent drug abuse and protect our waterways
by turning in your unused or expired medications for safe disposal.
Saturday, October 22, 10:00 a.m. — 2:00 p.m.
Locations:
• Roanoke - Towers Mall CVS
• Roanoke County - Kroger at Tanglewood Mall, Brambleton at
Colonial, Valley Botetourt County - Daleville Kroger
• Craig County - Market Street Pharmacy
• Salem - Super Shoes on Main Street
• Gateway Boulevard and the Hershberger Road Fire and Rescue
Station #1
• Vinton - Hardy Road Kroger
Fall Leaf Collection
• Begins the week of November 14, on your regular trash collection day
• Brochures with this year's Leaf Collection Schedule will be mailed to all
city residents the week of October 24.
• The city will collect an unlimited number of biodegradable paper bags
filled with leaves, placed at the curb, on the following weeks:
• November 14 -17
• November 28 -December 1
• December 12 -15
• Bulk and brush collection will continue on leaf collection weeks.
• More information about leaf collection is available by calling 853 -2000,
Option 6.
b. DIRECTOR OF FINANCE:
Presentation of the FY16 Unaudited Results.
Received and Filed.
8. REPORTS OF COMMITTEES:
Presentation of the Proposed 2017 Legislative Program. Council Member
Raphael E. Ferris, Chair, Legislative Committee.
Adopted Resolution No. 40674- 101716. (7 -0)
A report of the Roanoke City School Board requesting appropriation of
funds for various educational programs; and a report of the Director of
Finance recommending that Council concur in the request. Donna
Caldwell, Director of Accounting, Spokesperson.
Adopted Budget Ordinance No. 40675- 101716. (7 -0)
9. UNFINISHED BUSINESS: NONE.
10. INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS:
a. A resolution paying tribute to The Reverend Dr. William L. Lee, 2011
Citizen of the Year, on the occasion of his retirement after approximately
38 years as Pastor of Loudon Avenue Christian Church.
Adopted Resolution No. 40676. 101716. (7 -0)
A resolution designating a Voting Delegate and an Alternate Voting
Delegate for the Annual NLC City Summit Business Meeting to be held on
Saturday, November 19, 2016, in Pittsburgh, Pennsylvania.
Adopted Resolution No. 40677-101716. (7 -0)
11. MOTIONS AND MISCELLANEOUS BUSINESS:
Inquiries and /or comments by the Mayor and Members of City Council.
Council Member Bestpitch suggested that staff be cognizant of the
late season warm weather and the timing of the fall to accurately
gauge the City's collection of bagged leaves that will begin the week
of November 14Th.
Council Member Bestpitch also announced the Lijiang Sister Cities
Delegation will visit the City of Roanoke and arriving Friday,
October 28 and departing Saturday, October 29. He asked Council
Members to keep their calendars open to welcome the delegation
during their visit.
Vice -Mayor Price cordially invited the community to an upcoming
community forum on Community Policing which will be held on
Tuesday, November 1 from 6:00 — 8:00 p.m., at William Fleming High
School.
Council Member Garland shared that Total Action for Progress (TAP)
Sabrina's Place Program was in jeopardy of lack of funding and
noted the Mayor and others support identifying ways to assist with
he program.
Council Member Dykstra announced that West End United Methodist
Church located at 1221 Campbell Ave S. W, will hold a community
forum on Sunday, October 23 at 2:00 p.m., followed by a
neighborhood cookout on the 1600 block of Chapman Avenue, S. W.
Mayor Lea announced that the Central Intercollegiate Athletic
Association (CIAA) Football Championship Game will be held at
Salem Stadium on Saturday, November 12. He thanked Carey
Harveycutter, Director of Tourism, City of Salem and Landon
Howard, Executive Director of Visit Virginia's Blue Ridge for their
support of the event.
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council. NONE.
12. RECESSED - 4:19 P. M.
THE COUNCIL MEETING STOOD IN RECESS FOR A CLOSED MEETING AND
RECONVENE AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL
C. TAYLOR MUNICIPAL BUILDING.
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ROANOKE CITY COUNCIL
REGULAR SESSION
OCTOBER 17, 2016
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order- -Roll Call. vice -Mayor Price was absent.
The Invocation was delivered by Mayor Sherman P. Lea, Sr.
The Pledge of Allegiance to the Flag of the United States of America was
led by Boy Scout Troop No. 17 of St. John's Episcopal Church; and Evan
Shifflett, Webelos Cub Scout, Pack 50, Woodlawn United Methodist Church.
Welcome. Mayor Lea.
CERTIFICATION OF CLOSED MEETING. (6 -0)
NOTICE:
Tonight's Council meeting will be televised live and replayed on RVTV Channel 3
on Thursday, October 20 at 7:00 p.m., and Saturday, October 22 at 4:00 p.m.;
and video streamed by Internet through CivicPlus, at
roanokeva.gov /councilmeetings. Council meetings are offered with closed
captioning for the hearing impaired.
10
A. PRESENTATION AND ACKNOWLEDGEMENTS:
Recognition of Virginia Western Community College CCAP Students.
Mayor Lea recognized James Cabiness, Roanoke City CCAP Success
Coach, Virginia Western Community College, and provided Certificates of
Achievement to the students of the program.
B. PUBLIC HEARINGS:
1. Request of Nada and Mounir Melki and Ernie Littlefield to vacate an
unused approximately 10 -foot wide alley extension and an unused
approximately 5 -foot wide alley extending from the intersection of 11'"
Street, N. W., to connect with the abovementioned 10 -foot wide alley
extension. Nada and Mounir Melki, Spokespersons.
Adopted Ordinance No. 40678-101716. (6-0)
2. Request of Fisher Properties, LLC, to repeal conditions proffered as part
of a previous rezoning at 2701 and 2707 Brambleton Avenue, S. W.,
pursuant to Ordinance No. 28386 adopted by Roanoke City Council on
October 20, 1986. Jeffrey R. Wood, Agent, Spokesperson.
Adopted Ordinance No. 40679. 101716.(6 -0)
3. Proposal of the City of Roanoke to lease City -owned property located at
2410 Mason Mill Road, N. E., to Richard E. and Cassie M. Beverly.
Christopher P. Morrill, City Manager.
Adopted Ordinance No. 40680 - 101716 and Budget Ordinance No.
40681. 101716.(6 -0)
4. Proposal of the City of Roanoke to lease City -owned property located at
1015 Jamison Avenue, S. E., also known as the former Fire Station No. 6,
to the Melrose Athletic Club, Inc. Christopher P. Morrill, City Manager.
Adopted Ordinance No. 40682- 101716.(6.0)
5. Proposal of the City of Roanoke to lease City -owned property to the Blue
Ridge Zoological Society of Virginia, Inc., for the purpose of operating and
maintaining Mill Mountain Zoo. Christopher P. Morrill, City Manager.
Adopted Ordinance No. 40683-101716. (6-0)
11
6. A report of the City Manager recommending execution of a Deed of
Easements, Confirmatory Deed of Easement Rights and Obligations,
subject to certain terms and conditions, for the development, construction,
operation and maintenance of a hotel that has been constructed above
and within the City's Market Garage, 25 Church Avenue, S. E., and
adjacent parcels of City -owned property. Christopher P. Morrill, City
Manager.
Adopted Ordinance No. 40684-101716. (6-0)
C. HEARING OF CITIZENS UPON PUBLIC MATTERS:
City Council sets this time as a priority for citizens to be heard. All matters will be
referred to the City Manager for response, recommendation or report to Council,
as he may deem appropriate.
Council Member Ferris disputed erroneous statistics shared by citizens at
the 2:00 p.m. session regarding gun violence and crime, and reaffirmed
that Roanoke is a safe place to live, work and play.
D. ADJOURNED - 8:14 P. M.
12
-a' CITY OF ROANOKE
OFFICE OF THE CITY (TERK
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October 20, 2016
Father Louis Benoit, Retired Priest
Saint Gerard Catholic Church
809 Orange Avenue, N. W.
Roanoke, Virginia 24016
Dear Father Benoit:
On behalf of the Mayor and Members of the Roanoke City Council, I would like to
express sincere appreciation to you for delivering the Invocation at the regular meeting
of the Roanoke City Council, which was held on Monday, October 17, 2016.
It was a pleasure meeting you and look forward to having you return to deliver
invocations at future Council meetings.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
SMR:aa
Office of the Mayor
CITY OF ROANOKE
otial#t Vi*
CELEBRATION OF THE 70TH ANNIVERSARY
OF
SAINT GERARD ROMAN CATHOLIC CHURCH
WHEREAS, Saint Gerard Roman Catholic Church began as a
Redemptorist connanniev in the City of Roanoke to serve the
spiritual needs of African - American Catholics in 1946 with
the guidance and direction of His Excellency, Peter L.
Ireton, Redenrptorist Bishop, with the appoinhnent of Father
Maurice McDonald who celebrated his first service at the
Harrison School with seventeen attendees, including eight
children;
WHEREAS, on October 16, 1946, the feast day of Saint Gerard, the
Redennpmrist Provincial approved the purchase ofproperry
at 835 Moorman Road in Roanoke that served as the first
parish for this new incision church and Bishop Ireton
noticed the parish in honor of Saint Gerard, the patron saint
of nrothers and the poor;
WHEREAS, in 1951, the parishioners and priest of the Saint Gerard
Parish collaborated in the construction of a church and
rectory at 809 Orange Avenue, N.W., in Roanoke and
established Saint Gerard Ronhan Catholic Church os the
first African- American Ronan? Catholic parish in Soutnvest
Virginia;
WHEREAS, the Diocese of Richmond brought Saint Gerard Roman
Catholic Church within the diocese in 1971, designated
Father Michael S. Scianded as the first diocesan priest to
serve the Parish, and, in 1977, designated Father Walter
Barrett as the first African- American priest to serve the
Saint Gerard cwnnvmay;
WHEREAS, Saint Gerard Roman Catholic Church continues to thrive in
its expanded service to the greater Roanoke region as an
open, welcoming mission parish to all without regard for
race or ethnicity; and
WHEREAS, the Saint Gerard convn taiLe will continue to serve the
greater Roanoke region asRi sacred place filled with hope,
growth, and love for all.
NOW, THEREFORE, L, Sherman P. Lea, Sr., Mayor of the City of
Roanoke, Vhginia, do hereby proclaim October 29, 2016, as a day of
celebration and recognition on the occasion of the 70th Anniversary of the
founding of Saint Gerard Roman Catholic Church io the City of Roanoke
throughout this great, six -time All- America City.
Given under our hands and the Seat of the City of Roanoke this seventeenth
day of October in the year two thousand and sixteen.
Sherman P. Lea, Sr.
Mayor
ATTEST:
u- M, MD 0
Stephanie M Mooh-ffeyrroUs
City Clerk
0/ /1cy o% the Xb or
CITY OF
� _ROANOKE
flarfitqipff
RED RIBBON WEEK
alcohol artd drug abuse in this Nalco, have couched epidemic
he"',
WHEREAS, R is inrperathr than-isible, anified preventiwi educnliat effbns by
conuwutit. members be launched to eliminate the demm..d for
,hugs:
WHEREAS, die Motional lied Ribbon Carnpalgrt olfers citizens tam opportunity
to demm,otrme their comnrihnent to dnrg -jwe b%sry /er /no use of
illegal drugs);
WHEREAS, the Notional Red Ribbon Campaign wild be celebrated /rt ct ery
comrmmity br All", ,, da utg Ned Ribbon JV,,k, October23 -31;
WHEREAS, gaenunent 1mr colorcemem, media, businesses, medical
mvtlho one, mligious GnTihrfians, sclrools, senior ai(izene'...mice
organisations, pm'enfs. and vowh twill demorm'b'ate their
coomdnnent to hea11hv, dr ug free IJcsryles by t,,a,ing and
dlsplgviug red rtbbom' during this creek -long enn�pnign; mid
WHEREAS Ore C,n ofRommke ja'the, encourages icv eGrzerss to parto,,(e in
drug pre enttmr eduaoimi acttvtel,, rat mile during Red Ribbon
Week, but alt yea' 1,,,.
NOW, THEREFORE, I, Shm'mm, P. Lee, Sr., Mgynr of the City q/ Roanoke,
Virginia, do hereby proclai n October 23 - 30, 2016 throughmu I/e,,,c ,
bare A11- Anloica CIN a Red Ribbon Week.
Ohen under ow hands mid the Seal of Ct(r of Roanoke this seventeenth day of
October in the year -nro Ihoucand cord,m,,,_
0.
Sherrnnn P. Lea, Sr.
Mn,vor
A7 TES I
illephmneM Moon • olds
C,h Clerk
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: October 17, 2016
Subject: Request for Closed Meeting
This is to request that City Council convene a closed meeting to discuss the
disposition of publicly -owned property, located at 13 Church Avenue, S.E. (Tax
Map No. 4011706), where discussion in an open meeting would adversely affect
the bargaining position or negotiating strategy of the public body, pursuant to
Section 2.2- 3711.A.3, Code of Virginia (1950), as amended.
- -----------------------
Christopher P. Morrill
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Com. Development
Barbara A. Dameron, Director of Finance
Wayne F. Bowers, Director of Economic Development
eCITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: October 17, 2016
Subject: Fair Housing Board Annual Report for Fiscal Year 2015 -16
The Fair Housing Board is pleased to provide this Annual Report for fiscal year
2015 -2016 to City Council. As you will read below, the Board undertook a
number of activities during the past year and is looking forward to a new year
of opportunities.
Purpose and Function:
Under the City Code, the Fair Housing Board is to serve as a source of public
information on fair housing through outreach, education and training. Through
staff support from the City's Community Development Block Grant (CDBG), as
detailed below, the Board has continued efforts to raise awareness.
Membership:
During the past year, the Board worked diligently to secure a full complement
of members. As of the date of this report, the Board has reached a full roster.
Attendance at the quarterly meetings of the board is as follows:
Board Member
July 21, 2015
October 20, 2015
January 19, 2016
Aril 19, 2016
Dennis Light
Absent/Excused
AbsenUUnexcused
AbsenUUnexcused
Present
Lisa Barksdale
Present
Absent/Excused
AbsenUUnexcused
AbsenUUnexcused
Alesha Allen
Present
AbsenUUnexcused
Vacant
Vacant
Antw ne Calloway
AbsenUUnexcused
Present
AbsenUUnexcused
Present
Amanda Bu alos
Present
Present
Present
Absent/Excused
Charlotte Davis
Present
Present
Present
Present
Outreach and Education Activities:
The Fair Housing Board is pleased to report a significant increase in the number
of participants for activities and outreach compared to prior years. In line with
the Board's mission, two Fair Housing seminars were held, one at the Jefferson
Center and one at the Berglund Center. The first session, held on October 8,
2015, consisted of a morning class on hoarding with 117 participants and an
afternoon class on fair housing with 192 participants. Both sessions were led
by Mally Dryden -Mason of the Virginia Fair Housing Office. The April 21, 2016
session, again led by Mally Dryden- Mason, consisted of a morning class on fair
housing with 181 participants and an afternoon class on assistance /emotional
assistance /companion animals with 102 participants
The board conducted four quarterly presentations on fair housing and the
Landlord- Tenant Act for the residents of Trust House, with a total of 120
attending and two presentations to Family Promise Homeless Shelter with a
total of 25 attending. The board continues to actively seek opportunities to
enlighten and educate the city's vulnerable populations about their rights and
responsibilities. In addition to education in a classroom setting, the board
answered approximately 3 phone calls per week in regards to fair housing
complaints. All complaints received were forwarded on to the Commonwealth's
Department of Professional and Occupational Regulations (DPOR) Fair Housing
Board or the local Legal Aid Society for follow up and enforcement.
Council proclaimed the month of April as Fair Housing Month. The Board
distributed the city's "Fair Housing: What You Need To Know" booklet to ensure
that all residents have equal access and enjoyment of their housing.
The Board also desired to institute a new mission and vision for the work it
completes. The new mission and vision are:
Mission: The City of Roanoke's Fair Housing Board seeks to
expand the knowledge, understanding, and desire of all citizens to
receive fair and equal treatment in respect to housing. The Fair
Housing Board seeks to provide education to the housing industry,
housing industry related partners, and citizens to ensure that all
know their rights and responsibilities under the Federal, State, and
Local Fair Housing Laws.
Vision: To provide education so that no citizen shall be
discriminated against on the basis of race, color, religion, national
origin, familial status, marital status, disability, age, or elderliness
and so that all citizens have the right to live where they can afford.
In accordance with Title VIII of the Federal Civil Rights Act, the Board is
reviewing HUD - funded contracts the City engages in with sub - recipients to
ensure Fair Housing compliance.
For fiscal year 2016-2017, the Fair Housing Board has two priorities:
The board will continue to schedule trainings for both resident groups and staff
of residential programs such as Trust House, Family Promise, RRHA, and the
Rescue Mission, and actively seek out additional opportunities to present to
other organizations.
The Board will continue its efforts to raise public awareness regarding fair
housing rights and responsibilities.
The Fair Housing Board hopes that Council finds this annual report informative
and useful. The Chair and members stand ready to respond to Council's
questions and guidance.
i
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Distribution: Council Appointed Officers
Brian Townsend, Assistant City Manager
Chris Chittum, Director of Planning Building and Development
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Daniel J. Callaghan, do solemnly swear 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 City Attorney of the City of Roanoke, for a term of two -years commencing
October 1, 2016, and ending September 30, 2018, according to the best of my ability.
So help me God.
4 144A L'
Daniel J- 9allagha
The foregoing oath of office was taken and subscribed before me by
Daniel J. Callaghan this y of 016.
Brenda S. Hamilton, Clerk of the Circuit Court
Cler' k
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Stephanie M. Moon Reynolds, do solemnly swear 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 City Clerk of the City of Roanoke, for a term of two -years
commencing October 1, 2016, and ending September 30, 2018, according to the best of
my ability. So help me God.
K� 4 " / • d�M i JM 1�
Stephanie M. Moon nol s
The foregoing oath of office was taken, sworn to, and subscribed
before me by
Stephanie M. Moon Reynolds this
day of
Z[tEQ�W, LD16,
Brenda S. Hamilton, Clerk of the Circuit Court
By
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Troy A. Harmon, do solemnly swear 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 Municipal Auditor of the City of Roanoke, for a term of two -years commencing
October 1, 2016, and ending September 30, 2018, according to the best of my ability.
So help me God.
Troy AK. Harmon
The foregoing oath o�f offs was taken, sworn to, and subscribed before me by
Troy A. Harmon this J day of JC 2016.
Brenda S. Hamilton, Clerk of the Circuit C oouuuy�r1tI
By t Clerk
r�
S I ITI ANIE M. MOON REYNOLDS, MMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S, W., Room 456
Roanoke,Virginia 24011 -1536
'Telephone: (540)853-2591
Fax: (540)853 -1145
E -nmii: elerk(nbonnnkevn.gov
October 18, 2016
Harwell M. Darby, Jr., Secretary
Economic Development Authority
Glenn, Feldmann, Darby and Goodlatte
37 Campbell Avenue, S. W.
Roanoke, Virginia 24011
Dear Mr. Darby:
CEC'ELIA F. MC COY
Deputy City Clerk
CECELIA T. W EBB, CIVIC
Assistant Dcpnly City Oct k
This is to advise you that William Poe has qualified as a Director of the Economic
Development Authority to replace Charles E. Hunter, III, for a four -year term of office
ending October 20, 2020.
Sincerely,
`�, . �t,oY. �cyMa Q.�.✓
Stephanie M. Moon Reynolds, MMC U
City Clerk
c: Wayne F. Bowers, Director of Economic Development
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, William Poe, do solemnly swear (or affirm) that I will support the Constitution
of the United States of America and the Constitution of the Commonwealth of Virginia,
and that I will faithfully and impartially discharge and perform all the duties incumbent
upon me as a Director of the Economic Development Authority for a four -year term of
office ending October 20, 2020, according to the best of my ability. (So help me God.)
WILLIAM POE
The foregoing oath of gffice was tak n,
sworn
to,
and subscribed before me by
William Poe this _4,1 _ d}ayy of �
2016.
Brenda
/�S. HHaaamilton, Clerk of the Circuit Court
By ( 4 �_� 6 `7, 0I4 . Clerk
tS� CITY OF ROANOKE
OFFICE Olf "1'HE CITY CLERK
215 Church Avenue, S. W., Roo4n 456
''Y"✓ Roanoke, Virginia 24011 -1536
'relepLmte: (5411)853 -2541
III,x: (548)8534145
S'IEP11AN1E M. MOON REYNOLDS, MM(' li -inulL cicrk(a:nnun,kcvx ' eO° CEC'ELIA F. Me COY
City Clerk Depnty City Clerk
CECELIA T. W EBB, CM(
Assistant Depply City Cle,'k
October 19, 2016
Tina Carr, Secretary
Building and Fire Code Board of Appeals
Roanoke, Virginia
Dear Ms. Carr:
This is to advise you that Corbin Prydwen has qualified as a Property
Management representative of the Building and Fire Code Board of Appeals to
replace Justina Megginson for a term ending June 30, 2019.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
PC: Neil Holland, Building Commissioner
Daniel Rakes, Fire Marshal
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Corbin Prydwen, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a Property Management representative of the Building and Fire
Code Board of Appeals for a term ending June 30, 2019, according to the best of my
ability. (So help me God.)
/ CO BFI IN PRYDWEN
The foregoing oath of office was taken, sworn to, and subscribed before me by Corbin
Prydwen this 11 day of 2016.
Brenda S. Hamilton, Clerk of the Circuit Court
STEPHANIE M. MOON REYNOLDS, MMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540)853 -2541
Fax: (540) 853-1145
R -moil: elerk(n }roanakeva.gvv
October 18, 2016
Aisha Johnson
Assistant to the City Manager
Roanoke, Virginia
Dear Ms. Johnson:
CECELIA F. MCCOY
Deputy City Clerk
CECELIA T. W EBB, CMC
Assistant Deputy City Clerk
This is to advise you that Cerid E. Lugar has qualified as a member (Citizen At- large) of
the Youth Services Citizen Board for a three -year term of office ending June 30, 2019.
Sincerely,
lzf "n
Stephanie M. Moon Reynolds, MMC
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Cerid E. Lugar, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member (Citizen At- large) of the Youth Services Citizen Board
for a three -year term of office ending June 30, 2019, according to the best of my ability.
(So help me God.)
CERIB E. LUGAR v c')
The foregoing oath of office was taken, sworn to, and subscribed before me by Cerid E
Lugar this 4 day of � 2016.
Brenda S. Hamilton, Clerk of the Circuit Court
BID FORM
FOR ACQUISITION OF EASEMENTS
IN CONNECTION WITH HOTEL PROJECT
AT MARKET GARAGE
RESPONSIBILITY OF BIDDER, It is the sole responsibility of the bidder to assure that its
bid is delivered to the place designated for receipt of bids and prior to the time set for receipt of
bids. No bids received after the time designated for receipt of bids will be considered.
BID DUE DATE TIME AND DELIVERY OF BID: All bids are due on or before Noon,
12:00 p.m., local time, Monday, October 17, 2016, and are to be delivered to the address listed
below. The completed Bid Form, together with any other documents the bidder wishes to
submit, should be enclosed in a sealed envelope and addressed as follows:
Council of the City of Roanoke
c/o Office of the City Clerk, Room 456
Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
Place in front lower left -hand comer of envelope and on the back of the envelope in bold letters
the following title: Bid for Acquisition of Easements in Connection with Hotel Project at
Market Garage, To Be Opened At the City Council Meeting at 2:00 p.m. on October 17,
2016.
Date: to Jt6_
t^t�' S L-C— proposes and agrees, if its Bid
(Leeal Nome of BWden
is accepted, to enter into and be bound by the Deed of Easements, Confirmatory Deed of
Easement Rights and Obligations (Deed), a copy of which is on file in the Office of the City
Clerk for the City of Roanoke, 456 Noel C. Taylor Municipal Building, 215 Church Avenue,
S.W., Roanoke, VA 24011. Furthermore, the undersigned bidder warrants that it can and will
comply with the provisions of such Deed. Bidder acknowledges and agrees that this bid is for all
easements set forth in the Deed and which are smrumarized in Schedule 1 attached to this Bid.
The Hotel Project is a 127 room hotel constructed within certain air rights above the Market
Garage situated at 25 Church Avenue, S.E., Roanoke, Virginia, and two (2) condominium units
within said Market Garage. The Hotel Project is more particularly described as properties at 27
Church Avenue, S.E., Roanoke, Virginia and depicted as Official Tax Map Nos. 4015006,
4015007, and 4015008.
Bid: Payment for acquisition of Easements, as described in the Deed in the total amount of
6o e— _ and A 0 1100 Dollars (.$ 1.00 ---- I, which shall be paid in
cash, certified check, or wire transfer at a closing to occur on or before October 31, 2016, or at
such other time as the parties agree to.
Bid F FLSancnls (9 29 -16)
Bid: 'I lie right and faancial ability of Bidder to operate the Betel Project, as described in
H.xilibit A attached hereln and made a part hoacol.
Bid: Bidder acknowledges and cnnfinm diet Biddcr has executed, delivered, has agreed to
perform, and is obligated under the Pelfolinance Agreement for Hotel Development,
Construction, Operation, and Maintenance dated Decemher 18, 2013 (Hotel Performance
Agreement),
Bid: Biddcr acknowledges and confirms that Biddcr has executed, delivered, has agreed to
perform, and is obligated under it Parking Agrecncla dated December 18, 2013 with respect to
parking permits Ibr use by guests ()f tile Hotel Project.
Bid Term: 'File tern for each of the Easements is set forth in Schedule I attached to the Bid
Form.
Bidder agrees, if its bid is accepted, to reimburse trite City It), the costs of any advertisements for
this matter.
State bidder's complete legal name, exactly as it is recorded with the Virginia State Corporation
Commission (SCC), or the complete legal name of bidder if it is not a corporation.
LEGAL NAME OF BIDDER:_ S., C,'ys fnersi LL G
BY: 'P--4C. - -kf-C. _T7T_ TITLE:
anted Tithe )
STREET ADDRESS:_Z 7 016,Ak e. S .J�oa v� <e V)4 Zy61!
MAILINGADDRESS: I O '(jv -Gad S - fr,i -Fe, ,�0O • reenv.(iQ SC ZY6of
J - --j— --r__
CITY:__ _ STATE: ZIP CODE:_
TELEPHONE: FAX:( J64 f 370 Co (.j 2
Bidder's SCC Identification Number:
Bid Rnn Ensemrnis(9- 29 -16)
SCHEDULEI
BID FORM
FOR
ACQUISITION OF EASEMENTS
IN CONNECTION WITH HOTEL PROJECT
AT MARKET GARAGE
The following chart is a summary of the twenty -seven (27) easements that are the subject
matter of this bid turn:
Easement
Purpose
City Property affected
Tenn of
(Official Tax Mao No 1
Easement
A
Encroachment of Condominium
4015004
40 years
Unit #1
A -1
Structure and support of Hotel
4015004
60 years
A -2
Utility service equipment for Hotel
4015004
40 years
Project
A -2
Utility service equipment for Hotel
4015003
40 vears
Proiect
A -2-A
Ground for Lightning
4015004
40 years
A -3
Utilities for Hotel Proiect (within
4015004
40 years
garage)
A -3 -a
Private Sanitary Sewer Utilities for
4015004
40 vears
Hotel Proiect
A -3 -b
Private Power Utility for Hotel
4015004
40 years
Project
A -3 -c
Gas Utility Services for Hotel
4015004
40 years
Project
A -3 -d
Water Utility Services for Hotel
4015004
40 vears
Project
A -3 -e
Stomiwater Utility Services for
4015004
40 years
Hotel Proiect
A -4
Sprinkler system and other fire
4015004
40 years
suppression systems
A -5
Parking Garage control equipment
4015004
40 years
A -6
Utilities within Air Space for
4015004
40 years
Hotel Project
A -7
Canopy and Flag Poles for Hotel
40t5004
40 vears
Proiect on Northern Facade
A-S
Waterproofing Ceiling of
4015004
40 vears
Condominium Unit
A -9
Easement for exterior lighting
4015004
40 Years
attached to third level of the
Market Garage
Bid F.,. I9 -29 -161
3
A -10
Canopy for Hotel Project on
4015004
40 veers
Eastern FacadC
A -10
Canopy for Hotel Project oo
4015003
4(�cars
Eastern Facade
A -1 I
Easement for Installation
4015004
40 _years
Construction Maintenance and
Repair of concrete pad for
Condominium Units
B -I -A
Elevator Shaft within Market
4015004
40 years
Garage (above a potion of
Condominium Unit #1)
B -I-B
Elevator Shaft within Market
4015004
40 years
Garage (below a portion of
Condominium Unit #11
B -2
Access and egress northwest
4015004
40 years
stairwell within Market Gary ge
B -3
Access and egress southwest
4015004
40 yeais
stairwell within Market Garage
B -4
Access for removal of trash from
4015004
40 years
Hotel
B -5
Easement for Access
4015004
40 year s
B -5
Easement for Access
4015003
40 years
30 Fom� Eammcros (9 29 -16)
4
EXHIBIT A TO
BID FORM
FOR
ACQUISITION OF EASEMENTS IN
CONNETION WITH HOTEL PROJECT
AT MARKET GARAGE
The legal rights of Bidder to operate the Hotel Project and the financial ability of Bidder to operate the
Hotel Project are described as follows:
Financial Ability to Operate the Hotel:
South Commonwealth Partners, LLC through its affiliation with Windsor AUghtry Company, Inc. has
substantial experience in the development of urban hotels. Windsor Aughtry is an approved developer
for Marriott and is a preferred developer for Hilton Hotel Corporation, Additionally, Paul C. (BO)
Aughtry, III, South Commonwealth Partners' Managing Member, serves as Chairman of Hilton's
Hampton Inn Advisory Council. Since 1995, the company has built fourteen hotels, with the last eight
having been urban infill projects on compressed sites, and seven of those utilize a parking garage for
their guest parking needs.
Recent Project Completions:
1) Greenville, SC (2016): Located in downtown Greenville on River Street, the Embassy Suites is a 156
room, 7 story hotel fronting on the Reedy River. The hotel also contains a Ruth's Chris Steak House on
the ground floor and an expansive roof top bar and restaurant called UP On The Roof. The $37MM
project was constructed by Brasfield & Gorrie of Birmingham, AL.
2) Roanoke, VA (2016): Located in downtown Roanoke on Church Ave SE, the Hampton Inn & Suites is a
127 room, three story hotel built atop a 6 story parking garage with lobby space on the ground floor.
The $17MM hotel was constructed by Pride Construction, LLC of Memphis, TN.
3) Baton Rouge, LA (2013): Located in downtown Baton Rouge at the corner of Main and Lafayette
Streets, the Hampton Inn & Suites is a 137 room, 7 story hotel offering expansive views of the
Mississippi River, downtown, and the State Capital Grounds. The $17M hotel was constructed by Pride
Construction, LLC of Memphis, TN.
4) Greenville, SC (2010): Located in downtown Greenville at the corner of Main and Broad Streets, the
Courtyard Marriott is a 135 room hotel accompanied by 65,000 square feet of office and street level
retail. Also included is a 250 -space parking garage. The $45M project was constructed by Triangle
Construction of Greenville, SC.
5) Gainesville, FL (2009): Located in downtown Gainesville and blocks from the University of Florida and
several area hospitals, the Hampton Inn & Suites is a 122 room hotel that includes 7,500 square feet of
retail space. The $14.3M project was constructed by Pride Construction of Memphis, TN.
South Commonwealth Partners, LLC has the financial ability to operate the Hampton Inn & Suites at
Market Garage. The $17MM project is financed with approximately 30% owner equity with the
remaining 70% through conventional loan sources public grants. This financing structure of this project
mirrors that of the other hotel development projects that the group has been involved.
Legal Rights of Bidder to Operate the Hotel Project:
South Commonwealth Partners currently owns the condominiums and air rights associated with the
hotel project and holds a 20 year franchise license from Hilton International to operate a 127 room hotel
branded as a Hampton Inn & Suites at this location.
ADVER9'ISEMF.N "I FOR INVITATION FOR BIDS
AND
NOTICE OF PUBLIC BEARING
Before the Council of the City of Roanoke
lot Execution of a Deed of Easements,
Confirmatory Decd of Easement Rights and Obligations
Pursuant to the requirements of Sections 15.2-2100, 15.2 -2101, 15.2 -2102, et seq., Code
of Virginia (1950), as amended, the City of Roanoke, Virginia (City) hereby gives notice that the
City is inviting bids from qualified bidders for the sale and transfer of certain casements on City -
owned properties within the City, all of which easements are set firth in the proposed Deed of
Easements, Confirmatory Deed of Easement Rights and Obligations (Deed), subject to the terns
and conditions of the proposed Deed. The proposed casements set forth in the proposed Deed
are to be granted to the successful bidder to be used in the development, construction, operation,
and maintenance of a hotel consisting of one hundred twenty -seven (127) rooms (Hotel Project)
that has been constructed above and within the City's Market Garage, 25 Church Avenue, S.E.,
Roanoke, Virginia (Market Garage) and adjacent parcels of City -owned property. The Hotel
Project is situated at 27 Church Avenue, S.E., Roanoke, Virginia, and more particularly depicted
as Official Tax Map Nos. 4015006, 4015007, and 4015008. The proposed easements will allow
the successful bidder to use portions of such City -owned properties for specific purposes in
connection with the Hotel Project. The proposed Deed includes twenty -seven (27) easements on
City -owned properties (Easements). The City -owned properties that will be subject to one or
more of the proposed easements are Official Tax Map No. 4015004 located at 25 Church
Avenue, S.E., and Official Tax Map No. 4015003 located at 106 Franklin Road, S.E. The
following chart summarizes the proposed easements:
Easement
Purpose
City Property affected
Term of
(Official Tax Mao No.)
Easement
A
Easement for Encroachment
4015004
40 years
A -1
Structure and support of Hotel
4015004
60 years
A -2
Utility service equipment for Hotel
4015004
40 years
Project
A -2
Utility service equipment for Hotel
4015003
40 years
Project
A -2 -A
Ground for Lightning
4015004
40 years
A -3
Utilities for Hotel Project (within
4015004
40 years
garage)
A -3 -a
Private Sanitary Sewer Utilities for
4015004
40 years
Hotel Project
A -3 -b
Private Power Utility for Hotel
4015004
40 years
Project
A -3 -c
Gas Utility Services for Hotel
4015004
40 years
Project
A -3 -d
Water Utility Services for Hotel
4015004
40 years
Project
Notice of Public Hewing for Deed of Faserrenls Revised (9- 27 -16)
A -3 -c
Stonnwaua Utility Services no
4015004
40 years
Hotel Project
A -4
Sprinkler system and other fire
4015004
40 years
suppression systems
A -5
Parking Garage control equipment
4015004
40 years
A -6
Utilities within Air Space for
4015004
40 years
Hotel Project
A -7
Canopy and Flag Poles for Hotel
4015004
40 years
Project on Northern Fapade
A -8
Waterproofing Ceiling of
4015004
40 years
Condominium Unit
A -9
Easement for exterior lighting
4015004
40 years
attached to third level of the
Market Garage
A -10
Canopy for Hotel Project on
4015004
40 years
Eastern Fapade
A -10
Canopy for Hotel Project on
4015003
40 years
Eastern Fagadc
A -I1
Easement for Installation,
4015004
40 years
Construction, Maintenance and
Repair of concrete pad for
Condominium Units
B -1 -A
Elevator Shaft within Market
4015004
40 years
Garage (above a portion of
Condominium Unit #1)
B -1 -B
Elevator Shaft within Market
4015004
40 years
Garage (below a portion of
Condominium Unit #1)
B -2
Access and Egress to northwest
4015004
40 years
stairwell within Market Garage
B -3
Access and Egress to southwest
4015004
40 years
stairwell within Market Garage
B -4
Access for removal of trash from
4015004
40 years
Hotel
B -5
Easement for Access
4015004
40 years
B -5
Easement for Access
4015003
40 years
These proposed Easements are depicted
in detail in two (2) easement plats, dated
September
20 and 22, 2016 and prepared by Balzer
and Associates, Inc.
(Revised Easement
Plats).
The purpose of the proposed Easements as set forth in the Deed are for the development,
construction, operation, and maintenance of the Hotel Project, all as more fully set forth in the
proposed Deed. The proposed Easements replace the easement rights granted to South
Commonwealth Partners, LLC by deed from the City dated December 18, 2013, and recorded in
the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia, as Instrument No.
130014480 (Original Easement Rights). Any bidder shall be able to provide sufficient evidence
that such bidder has acquired the rights necessary to operate the Hotel Project, has the financial
Nonce 4Public Heaong far Deed of Eese .s Revised(9- 2] -I6)
2
ability to operate the hotel PiojccI, has entered into it Pm$ing Agreement, dated December 18,
2013, fbr use of parking permits within the Market Garage (Parking Agreement), has entered into
it Perfmmance Agreement for Hotel Development, Construction, Operation, and Maintenance
dated December 18, 2013 (Hotel Pcrfitrmance Agreement), and will be able to accept the
proposed Deal, subject to all of its terms and conditions.
If the City elects to grant and award the Easements as set forth in the proposed Decd, City
Council will be requested to adopt an ordinance to that effect. The full text of the proposed
ordinance granting and awarding the casements is on file and may be reviewed in the Office of
the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W.,
Roanoke, Virginia 24011. The City Clerk will also have copies of the necessary bid form
available. The proposed ordinance, proposed Deed, the Revised Easement Plats, and bid foam
will be available at the City Clerk's Office on and after Monday, October 3, 2016.
Any interested entity is invited to submit a written bid, including a completed bid form,
for the Deed for the Easements as described above. Each bidder shall submit the following
information:
I. The legal name of the entity submitting the bid, including the Identification
Number issued to it by the Virginia State Corporation Commission,
2. The purchase price to be paid for the Easements described in the Deed.
3. The rights of the bidder to operate the Hotel Project and financial ability of the
bidder to operate the Hotel Project.
4. The bidder's acknowledgement and confirmation that bidder has executed, is
obligated under, and has agreed to perform the Hotel Performance Agreement.
5. The bidder's acknowledgement and confirmation that bidder has executed, is
obligated under, and has agreed to perform the Parking Agreement.
6. Other information as the bidder deems appropriate.
Item 3 may be submitted as short narrative statement. Bids are to be submitted in a sealed
envelope or container to the City Clerk at the address noted above on or before Noon, 12:00
p.m., local time, Monday, October 17, 2016. The outside of the bid envelope should be marked
as follows: "BID FOR ACQUISITION OF EASEMENTS IN CONNECTION WITH HOTEL
PROJECT AT MARKET GARAGE, TO BE OPENED AT THE CITY COUNCIL MEETING
AT 2:00 P.M. ON OCTOBER 17, 2016." The bid should be addressed to the City Council of
Roanoke, c/o Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215
Church Avenue, S.W., Roanoke, Virginia, 24011. All bids received will be held by the City
Clerk, unopened, until 2:00 p.m., local time, on Monday, October 17, 2016, at which time they
will be delivered to the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215
Church Avenue, S.W., Roanoke, Virginia, 24011, and thereafter be publicly opened and read
aloud in accordance with Section 15.2 -2102, Code of Virginia (1950), as amended.
Notice of Pub Ito Hearing for Deed of Easements Revised (9 -27 -16)
The City reserves the right to cancel this Invitation for Bids and /or to reject any and all bids, to
waive any informality or irregularity in the bids received, and to accept the bid which is deemed
to be in the best interest of the City.
The entity to whom the Easements in the Deed may be granted and awarded shall reimburse the
City for the costs of any advertisements for this matter.
Pursuant to the requirements of Sections 15.2 -2100, et seq., Code of Virginia (1950), as
amended, notice is hereby given that the Council of the City of Roanoke will hold a public
hearing on the above matters at its regular meeting to be held on Monday, October 17, 2016, at
7:00 p.m., local time, or as soon thereafter as Council is available, in the Council Chamber,
Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia,
24011. For further information on this matter, you may contact the Office of the City Clerk at
(540) 853 -2541.
All parties and interested persons may appear on the above date and time and be heard on the
matter.
If you are a person who needs accommodations for this hearing, please contact the City Clerk's
Office at (540) 853 -2541 before 12:00 noon on the Thursday before the date of the hearing listed
above.
GIVEN under my hand this 3rd day of October, 2016.
Stephanie M. Moon Reynolds, City Clerk.
N.1,- of Pobh, H.n, &r Deed of Easements Re,i,M (9- 27 -16)
Note to Publisher:
Please publish twice in the Roanoke Times, legal notices, once on Monday, October 3, 2016, and
once on Monday, October 10, 2016.
Please send bill to
R. B1ian Townsend
Assistant City Manager for Community
Development
364 Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
(540) 853 -2333
Notice of Public Heanng for need of Easements Revised (9-27 16)
Please send affidavit of publication to:
Stephanie M. Moon Reynolds
City Clerk's Office
456 Noel C. Taylor Municipal Building
215 Church Avenue, S. W.
Roanoke, VA 24011
(540) 853 -2541
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
W'i U,'(v
NOEL C. TAYLOR MUNICIPAL BLDG
215 CHURCH AVENUE SW 'Room 45Ia
ROANOKE, VA 24011
Account Number
6017304
Date
October 11, 2016
Date
Category
Descripliori
Ad Size
Total Coal
10/11/2016
Propos Sid Bids -REP
ADVERTISEMENT FOR INVITATION FOR FIRS
3 x 20.001N
4,161 60
Publisher of the
Roanoke Times
I, (the undersigned) an authorized representative of the
Roanoke Times, a daily newspaper published in Roanoke, in the
State of Virginia, do certify that the annexed notice
ADVERTISEMENT FOR INVITAT was published in said newspapers
on the following dates:
10/1112016
The First insertion being given ... 10/1112016
Newspaper reference: 00004093B9
Billing Representative
Sworn to and subscribed /Ibefore me this Tuesday, October 11, 2016
IlxtM
Notary PLAic
State of Virginia
City /County Roanoke T
My Commission expires (Pl361
nvI'I
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
ppV l �I tiFM FN'f F(11(INV ffAT 10N kJIl 111Ufi
NiU
N OTI[lli (l f PW LIC HR�PING
October 19, 2016
The Honorable Timothy A. Allen
City Sheriff
Roanoke, Virginia
Dear Sheriff Allen:
CECELIA1. WEBB,CM(
Assistant Deputy City Clerk
I am enclosing copy of Resolution No. 40670- 101716 authorizing acceptance of the
State Criminal Alien Assistance Program (SCAAP) Grant made to the City of Roanoke
Sheriff's Department by the Bureau of Justice Assistance Office in conjunction with the
U.S. Department of Homeland Security, 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 Monday, October 17, 2016, and is in full force and effect upon
its passage.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
pc: Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
CITY OF ROANOKE
Q)
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
_
Roanoke, Virginia 24011 -1536
'Telephone: (540)653 -2541
fax: (540)853 -1145
SI'EPIIANIE M. MOON REYNOLDS, MM(
F,,Wk t1t, 1,01ronnukevn.... ('EC'ELIA F. MC('OY
City Clerk
Deputy City Clerk
October 19, 2016
The Honorable Timothy A. Allen
City Sheriff
Roanoke, Virginia
Dear Sheriff Allen:
CECELIA1. WEBB,CM(
Assistant Deputy City Clerk
I am enclosing copy of Resolution No. 40670- 101716 authorizing acceptance of the
State Criminal Alien Assistance Program (SCAAP) Grant made to the City of Roanoke
Sheriff's Department by the Bureau of Justice Assistance Office in conjunction with the
U.S. Department of Homeland Security, 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 Monday, October 17, 2016, and is in full force and effect upon
its passage.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
pc: Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
IN'1'I11? COtI NCII.OP 1'111': t l l YO I, ROANOKF, VIRGINIA
'I'17e I /tli dvy of Ortobor, 7016.
No. 40b/0- 101716.
A RHSOLITPION aulhol'i'r.ing acceptances of'the State Criminal AIiell Assistance Program
(SC'AAP) Grunt made to the Cily of Roanoke Sheriffs Deparuncnl by the Brucau of Justice
Assistance Oflice is conjunction with the (IS. Departmeul of l Inmclond Secm'ity, and authorizing
execution of any required documentation on behalf of the City.
BG IT RESOLVED by the Council of the City of Roanoke as follows:
The City Manager is hereby authorized on behalf of the City to accept the State
Criminal Alien Assistance Program (SCAAP) Grant in the amount of $8,424.00 to the Roanoke
City Sheriff's Departmentto partially fund thepurchaseanewintrate transponvehicle. Suchgrant
being more particularly described in the City Council Agenda Report dated October 17, 2016,
2. The Sheriffand the City Manager are hereby authorized to execute and file, oil behalf
of the City, any documents setting forth the conditions of the grant in a form approved by the City
Attorney.
3. The Sheriff and the City Manager are further directed to furnish such additional
information as may be required by the Bureau ot'Justice Assistance Office in connection with the
acceptance of the foregoing grant.
ATTEST:
City Clerk.
IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA
The 17th day of October, 2016.
No. 40671 - 101716.
AN ORDINANCE to appropriate funding from the Federal government for the
State Criminal Alien Assistance Program (SCARP), amending and reordaining certain
sections of the 2016 -2017 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 2016 -2017 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Vehicular Equipment 35- 140 - 5923 -9010 $8,424
Revenues
SCAAP FY17 35- 140 - 5923 -5923 8,424
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
Y . our
City Clem
eCITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: October 17, 2016
Subject: State Criminal Alien Assistance Program (SCAAP)
Reimbursement Grant
Background
SCAAP is administered by the Bureau of Justice Assistance Office of Justice Programs
in conjunction with the U.S. Department of Homeland Security. SCAAP provides
federal payments to states and localities that incurred correctional officer salary costs
for incarcerating undocumented criminal aliens who have at least one felony or two
misdemeanor convictions for violations of state or local law. These guidelines apply to
those individuals who were incarcerated for at least four consecutive days during the
reporting period.
Considerations:
On October 7, 2016, the Sheriffs Office was awarded $8,424 in grant funding. There is
no required match for this program. In order to comply with grant requirements, all
awarded funding will be used to partially fund the purchase of a new inmate transport
vehicle. The new vehicle will replace an older model in the city fleet and shall be
utilized to transport offenders.
Recommended Action:
Accept the SCAAP Reimbursement Grant described above and authorize the City
Manager to execute the grant agreement and any related documents; such documents
to be approved as to form by the City Attorney.
Adopt the accompanying budget ordinance to establish a revenue estimate in the
amount of $8,424 and to appropriate the same into an account to be established in the
Grant Fund by the Director of Finance.
----- - - - --
Timothy A. Allen
Sheriff
Distribution: Council Appointed Officers
Barbara A. Dameron, Director of Finance
eCITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: October 17, 2016
Subject: Acceptance of State Criminal Alien Assistance Program ( SCAAP)
Reimbursement Grant
I concur with the recommendation from Sheriff Timothy Allen to accept funding
from the SCAAP program in the amount of $8,424, with no local match
required. I further recommend adopting the accompanying budget ordinance
to establish a revenue estimate of $8,424 in grant funds, and to appropriate
such funding in an account to be established by the Director of Finance.
yN Christopher P. Morrill
City Manager
Distribution: Council Appointed Officers
Barbara Dameron, Director of Finance
Teresa G. Jones James H. and Sandra W. Ryals
The James Ripley Trust Trustees of Windsor Hills United Methodist Church
Sarah Ann Walters Sam W. Carver, III and Sally B. Carver
Braxton G. E. Naff Matthew C. Morris and Virginia H. Morris
Norma C. Sisson Jesse and Margarita Z. Hobson
Mark D. and Tamalyn R. Tanis
Ladies and Gentlemen:
I am enclosing copy of Ordinance No. 40672- 101716 providing for the acquisition of real
Property rights needed by the City in connection with the Windsor Road Stormwater
Drainage Improvements Project; in the vicinity of the 3500 Block of Windsor Road,
S.W.; the 3600 Blocks of Mudlick Road, and Brymoor Road, S.W.; the 1900 Block of
Deyerle Road, S.W.; and surrounding streets located within the Greater Deyerle
Neighborhood.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, October 17, 2016, and is in full force and effect upon
its passage.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
PC: Christopher P, Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Sherman M. Stovall, Assistant City Manager for Operations
Robert K. Bengtson, P.E., Director of Public Works
Philip C. Schirmer, P.E., City Engineer
Dwayne R. D'Ardenne, CGM, PWM, Stormwater Manager
Josephus M. Johnson - Koroma, P.E., Civil Engineer 11
Cassandra L. Turner, Economic Development Specialist
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Chureh Avenue, S. W., Hoorn 456
Roanoke, Virginia 24011 -1536
"Pelq,M1nnc: (540)853-2541
Va,: (540)853 -1145
STR.PBAN11, M. MOON REVNOLDS, MM(
E-11111i1: derkanronookeva.gov
(i h' (lark
(G('EL1A F. M('('OV
D,u, City CIO
October 18, 2016
(ECELIA T. WEBB, CM('
A,,ht. n, Donnly ('i(v ('lurk
Teresa G. Jones James H. and Sandra W. Ryals
The James Ripley Trust Trustees of Windsor Hills United Methodist Church
Sarah Ann Walters Sam W. Carver, III and Sally B. Carver
Braxton G. E. Naff Matthew C. Morris and Virginia H. Morris
Norma C. Sisson Jesse and Margarita Z. Hobson
Mark D. and Tamalyn R. Tanis
Ladies and Gentlemen:
I am enclosing copy of Ordinance No. 40672- 101716 providing for the acquisition of real
Property rights needed by the City in connection with the Windsor Road Stormwater
Drainage Improvements Project; in the vicinity of the 3500 Block of Windsor Road,
S.W.; the 3600 Blocks of Mudlick Road, and Brymoor Road, S.W.; the 1900 Block of
Deyerle Road, S.W.; and surrounding streets located within the Greater Deyerle
Neighborhood.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, October 17, 2016, and is in full force and effect upon
its passage.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
PC: Christopher P, Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Sherman M. Stovall, Assistant City Manager for Operations
Robert K. Bengtson, P.E., Director of Public Works
Philip C. Schirmer, P.E., City Engineer
Dwayne R. D'Ardenne, CGM, PWM, Stormwater Manager
Josephus M. Johnson - Koroma, P.E., Civil Engineer 11
Cassandra L. Turner, Economic Development Specialist
IN THE, COUNCIL OP'1'HE CITY
OF ROANOI<F., VIRGINIA
'the 17th day or October, 2016.
No. 40672- 101716,
AN ORDINANCE providing lilt the acquisition of real property rights needed by the
City in connection with the Windsor Road Stormwatcr Drainage Improvements Project
( "Project "); authorizing City staff to acquire such property rights by negotiation for the City;
authorizing the City Manager to execute appropriate acquisition documents; and dispensing with
the second reading of this Ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City wants and needs certain real property rights, to include permanent
easements of variable length and width, temporary easements, right of way interests in fee
simple, and such other real property interests as needed, as set forth in the City Council Agenda
Report dated October 17, 2016, for the Project, in the vicinity of the 3500 Block of Windsor
Road, S.W., Roanoke, Virginia, the 3600 Blocks of Mud Lick Road, S.W., Roanoke, Virginia
and Bryrnoor Road, S.W., Roanoke, Virginia, the 1900 Block of Deyerle Road, S.W., Roanoke,
Virginia, and surrounding street's, which are located within the Greater Deyerle Neighborhood.
The proper City officials and City staff are hereby authorized to acquire by negotiation for the
City the necessary real property interests and appropriate ancillary rights with respect to the real
property parcels referred to in the above mentioned City Council Agenda Report and any other
real property parcels needed for the Project. All requisite documents shall be approved as to
form by the City Attorney. `
2. The City Manager is further authorized to execute appropriate acquisition
documents for the above mentioned parcel(s), and such other parcels needed for the Project, for
0 - oakSze urquis aF,, 111110 V indsvrRd Stonnwo[er Dminap R"Mveineno Mn ecl (10- 17 -I6)
such colmdel a Gan m d CC! uu:d appropriate flII the necessary role -eels, provided, however, !hc
tidal consideraton oflcled or expended, including costs, ofic scorch fees, upt'laisul costs,
recordnlion lass, and olher icluted coals ,hull 1101 exceed the funds dvailable in the Projects
account Por such purposes, without further aulhorizalion of ('rnmeil. I ;poll Ill acceptance of any
offer and upon delivery to the City of appropriate acyuisiliou docummllts, approval LIS to limn by
the City Attontcy, the Docc led r of Finance is authorized to Pay the respective consideration to the
owners of fbe real property interest convcyal, certified by the City Attontcy to be entitled to the
same.
3. Pursuant to the provisions 01 Section 12 of the City charter, the scamd reading of
this Ordinance by title is hereby dispensed with.
ATTEST:
city clerk.
0- AU[6orize ocqufs of prop nglns- Windsor Rd 5[annwoter D,ainoge Lnpmvemwns Project (10.19 -16
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: October 17, 2016
Subject: Acquisition of Real Property Rights for Windsor Road
Stormwater Drainage Improvements Project (No. CM16 -145)
Background
As part of the FY2017 Capital Improvement Program, City Council had
appropriated $1.62 million for storm drain improvement projects. These
appropriated funds will be matched with $1.61 million in Virginia Department
of Transportation Revenue Sharing funds plus an additional $1,000,000 in
Stormwater Utility operating funds.
One of the projects to be funded by this combined FY2017 funding
appropriation is the Windsor Road Stormwater Drainage Improvements project
which includes the installation of storm drain pipes and structures. This project
is in the general vicinity of the 3500 block of Windsor Road, S.W., the 3600
blocks of Mud Lick Road, S.W. and Brymoor Road, S.W., and the 1900 block of
Deyerle Road, S.W. located within the Greater Deyerle Neighborhood.
This neighborhood suffers from an inadequate drainage system evidenced by
flooding on private properties downstream from a culvert on Mud Lick Road,
S.W. Runoff from the public right of way also contributes to flooding of private
properties on Windsor Road, S.W. Constructing the proposed storm drain
system for this project would correct known drainage problems in this
neighborhood.
In order to construct, operate, and maintain the proposed improvements, the
city will need to acquire real property rights from various private property
owners.
Considerations:
City Council action is necessary to authorize the acquisition of real property
rights needed for the Windsor Road Stormwater Drainage Improvements Project.
The real property rights needed are outlined below, but are subject to minor
variation of location and extent pending final engineering design details.
Funding for acquisition of the real property rights will be available in project
account 03 -530 -3014 Stormwater Improvements.
Permanent drainage and access easements of variable length and width are
required to accommodate construction activities, and will affect eleven (1 1)
properties in the general vicinity identified above. The City may also need to
acquire various other property rights involving the property listed below and
other properties which have not yet been identified for this project. The
properties that have been identified to date are as follows:
Tax Map
Parcel
Address
Owner
Required Property Rights
Number
—
504051 3
_
1923 Deyerle Rd.,
Teresa G. Jones
Permanent Drainage Easement
S.W.
_
3645Mud Lick Rd.,
James H. &
Permanent Drainage Easement
5040506
S.W.
Sandra W. Ryals
3639 Mud Lick
The James Ripley
Permanent Drainage Easement
5040507
Rd., S.W.
Trust
S in dsor Hills
5040420
0 Windsor Rd.,
United Methodist
United
Permanent Access Easement
S.W.
Church
3638 Mud Lick
Sam W. III & Sally
Permanent Drainage Easement
5040421
Rd., S.W.
B. Carver
.
201 1 D Rd.,
Matthew C. &
Permanent Drainage Easement
5040422
S.W. ,yy.
Virginia H. Morris
.
5020303
3641 Brymoor Rd.,
Sarah Ann Walters
Permanent Drainage Easement
S.W.
5020304
3651 Brymoor Rd.,
Braxton G.E. Naff
Permanent Drainage Easement
S.W.
_.
5020305
3661 Brymoor Rd.,
Norma C. Sisson
Permanent Drainage Easement
S.W.
5020306
3671 Brymoor Rd.,
Jesse & Margarita
permanent Drainage Easement
S.W.
Z. Hobson
_
5020327
3519 Windsor Rd.,
Mark D. &
Permanent Drainage Easement
S.W.
Tamalyn R. Tanis
_
Recommended Action:
Authorize the acquisition of any and all real property rights needed to construct
the proposed Windsor Road Stormwater Drainage Improvements Project,
including, but not limited to, the specific property rights identified in this City
Council Agenda Report, by negotiation and execution of the appropriate
acquisition documents by the City Manager, such documents to be approved as
to form by the City Attorney.
istopher P. Morrill
City Manager
Distribution: Council Appointed Officers
Sherman M. Stovall, Assistant City Manager for Operations
Barbara A. Dameron, Director of Finance
Robert K. Bengtson, P.E., Director of Public Works
Philip C. Schirmer, P.E., City Engineer
Dwayne R. D'Ardenne, CGM, PWM, Stormwater Manager
Josephus M. Johnson - Koroma, P.E., Civil Engineer II
Cassandra L. Turner, Economic Development Specialist
C'ECE,I.IA T. WEBB,CMC
Assistant Depnly City Clerk
October 18, 2016
Paul C. Aughtry, III, Manager
South Commonwealth Partners, LLC
Windsor/Aughtry Company, Inc., Suite 500
40 West Broad Street
Greenville, South Carolina 29601
Dear Mr. Aughtry:
I am enclosing an attested copy of Ordinance No. 40673 - 101716 authorizing two
existing encroachments, at the request of South Commonwealth Partners, LLC, into the
public right -of -way of the City of Roanoke, in connection with the development of the
downtown Hampton Inn, at the following locations: (1) at the corner of Luck Avenue and
Church Avenue, S.E., between the first and second levels of the northern fapade of the
parking garage structure, and (2) on the side of Church Avenue, S.E., and between the
first and second levels of the northern fagade of the parking garage structure.
Pursuant to Paragraph 4, South Commonwealth Partners, its grantees, assigns, or
successors in interest, shall, for the duration of this permit, maintain on file with the City
Clerk's Office evidence of insurance coverage for such encroachments in an amount
not less than $2,000,000.00 of general liability insurance. The Certificate of Insurance
must list the City of Roanoke, its officers, agents, and employees as additional insureds,
and an endorsement by the insurance company naming these parties as additional
insureds must be received within thirty days of passage of Ordinance No. 40673-
101716. The Certificate of Insurance shall state that such insurance may not be
canceled or materially altered without thirty days written advance notice of such
cancellation or alteration being provided to the Risk Management Officer for the City of
Roanoke.
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
RoaOoke, Virginia 24011 -1536
Tel,h.ne: (540)853 -2941
Fax: (540) S53-1145
STEPHANIE M. MOON REYNOLDS, MMC
E—Wi: CEC'ELIA R. MCCOY
City Clerk
Deputy Cily Clark
C'ECE,I.IA T. WEBB,CMC
Assistant Depnly City Clerk
October 18, 2016
Paul C. Aughtry, III, Manager
South Commonwealth Partners, LLC
Windsor/Aughtry Company, Inc., Suite 500
40 West Broad Street
Greenville, South Carolina 29601
Dear Mr. Aughtry:
I am enclosing an attested copy of Ordinance No. 40673 - 101716 authorizing two
existing encroachments, at the request of South Commonwealth Partners, LLC, into the
public right -of -way of the City of Roanoke, in connection with the development of the
downtown Hampton Inn, at the following locations: (1) at the corner of Luck Avenue and
Church Avenue, S.E., between the first and second levels of the northern fapade of the
parking garage structure, and (2) on the side of Church Avenue, S.E., and between the
first and second levels of the northern fagade of the parking garage structure.
Pursuant to Paragraph 4, South Commonwealth Partners, its grantees, assigns, or
successors in interest, shall, for the duration of this permit, maintain on file with the City
Clerk's Office evidence of insurance coverage for such encroachments in an amount
not less than $2,000,000.00 of general liability insurance. The Certificate of Insurance
must list the City of Roanoke, its officers, agents, and employees as additional insureds,
and an endorsement by the insurance company naming these parties as additional
insureds must be received within thirty days of passage of Ordinance No. 40673-
101716. The Certificate of Insurance shall state that such insurance may not be
canceled or materially altered without thirty days written advance notice of such
cancellation or alteration being provided to the Risk Management Officer for the City of
Roanoke.
Paul C. Aughtry, III, Manager
South Commonwealth Partners, LLC
Windsor /Aughtry Company, Inc.
October 18, 2016
Page 2
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, October 17, 2016; and shall be in full force and effect
at such time as a copy of Ordinance No. 40673- 101716, duly signed, sealed, and
acknowledged by South Commonwealth Partners has been admitted to record, at the
cost of South Commonwealth Partners, in the Clerk's Office of the Circuit Court for the
City of Roanoke and shall remain in effect only so long as a valid, current certificate
evidencing the insurance required in Paragraph 4 is on file in the Office of the City
Clerk, or until the City requires removal of such encroachments, which may be done in
the sole discretion of the City by sending written notice to South Commonwealth
Partners to remove the encroachments authorized herein. In the event Ordinance
No. 40673 - 101716 is not signed by South Commonwealth Partners and recorded in the
Circuit Court Clerk's Office for the City of Roanoke within 90 days from its adoption, the
Ordinance shall terminate and be of no further force and effect.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
pc: The Honorable Brenda Hamilton, Clerk of Circuit Court
Daniel J. Callaghan, City Attorney
Laura M. Carini, Assistant City Attorney
Barbara A. Dameron, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Debbie Moses, Parking Administrator
Philip C. Schirmer, P.E., City Engineer
Wayne F. Bowers, Director of Economic Development
Marc B. Nelson, Special Projects Coordinator
Cassandra L. Turner, Economic Development Specialist
I' )BLIC RIGI IT 01- WAY I.00A'I LD
1DIA('L'N'1 "10 01 :1'1('[At, I A X MAP NU_ 40151114
IN THE COUNCIL, OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of October, 2016.
No. 40673 - 101716.
AN ORDINANCE authorizing two (2) existing enaoachnnents, at the request of South
Commonwealth Partners, LLC, a South Carolina limited liability company, into the public right -of-
way of the City of Roanoke, in connection with the development of the downtown Hampton Inn, at
the following locations: (1) at the corner of Luck Avenue, S.E., and Church Avenue, S.E., Roanoke,
Virginia, in front of the new Hampton hul, and between the first and second levels of the northern
facade of the parking garage structure designated as Official Tax Map No. 4015004, and (2) on the
side of Church Avenue, S.E., Roanoke, Virginia, on the side of the new Hampton 11111, and between
the first and second levels of the northern fapade of the parking garage structure designated as
Official Tax Map No. 4015004; upon certain terns and conditions, and dispensing with the second
reading of this Ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke that
1. Authorization is hereby granted to South Commonwealth Partners, LLC, a South
Carolina limited liability company, pursuant to Section 15.2 -2010, Code of Virginia (1950) as
amended, for the encroachment of an existing sign into the City's public right -of -way located at the
toner of Luck Avenue, S.E. and Church Avenue, S.E., Roanoke, Virginia, in front of the new
Hampton Imn, and between the first and second levels of the northern fagade of the parking garage
structure designated as Official Tax Map No. 4015004. The encroachment shall be approximately 12
inches in width, and will extend approximately 2.9 feet in length into the public right -of -way, more
particularly bounded and described on the survey entitled "Exhibit Showing an Existing Sign and
Canopy Extcnding into the Right of Way of UI urch Avenue, S.I'' City o Roanoke, Virginia dated
September 20, 2016;' aurl as more purl icu l urly sell Both nod described in the City Council Agenda
Report dated October 17, 2016,
2. Authorization is further granted to South C'onunonwealth Partners, LLC Ibr the
existing encroachment of a canopy into the ('ity's public right -of- -way located on C'hur'ch Avenue,
S.E., Roanoke, Virginia, on the side of the new I lampton Inn, and between the first and second levels
of the northern fapadeof the parking garage structure designated as Official Tax Map No. 4015004.
The encroachment shall be approximately 58 feet 3 inches in width and will extend approximately
1.5 feet in length into the public tight -of -way, more particularly bounded and described on the survey
entitled "Exhibit Showing an Existing Sign and Canopy Extending into the Right of W ay of Church
Avenue, S.E., City of Roanoke, Virginia dated September 20, 2016," and as more particularly set
forth and described in the aforementioned City Council Agenda Report.
3. It is agreed by South Commonwealth Partners, LLC that in maintaining such
encroachments, South Commonwealth Partners, LLC and its grantees, assignees, or successors in
interest agree to indemnify and save harmless the City of Roanoke, its officers, agents, and
employees from any and all claims for injuries or damages to persons or property, including
attorney's tees, that may arise by reason of the above - described encroachment. South
Commonwealth Partners, LLC agrees that the enaoaclmments shall be removed at anytime from the
right -of -way upon written demand of the City of Roanoke, and that such placement and removal of
the encroachments shall be at the sole cost and expense of South Commonwealth Partners, LLC.
South Commonwealth Partners, LLC agrees that it shall be solely responsible for the installation,
maintenance, operation, cleaning, repair, restoration, of the encroachments, and it shall replace any
2
damage h, the hui Iding, and any damage t o t he land, caused by the placement and removal oft lie
cneroachinents, m South Connnonwealth Pan tnors, LLC's sole cost and expense.
4. South (`ommonwcalth Partners, LLC its grantees, assigns, or successors in interest,
shall, for the duration oh this permit, maintain on file with the City Clerk's Office evidence of
nswance coverage for such encroachments in an amount not less than $2,000,000 of general liability
insurance. The certificate of insurance must list the City of Roanoke, its officers, agents, and
employees ss additional insureds, and an endorsement by the insurance company naming these
parties as additional insureds must be received within thirty (30) days ofpassage ofthis ordinance.
The cci ti I icate o f insurance shall state that such insurance may not be canceled or materially al tered
without thirty (30) days written advance notice of such cancellation m alteration being provided to
the Risk Management Officer for the City of Roanoke.
5. The City Clerk shall transmit an attested copy of this Ordinance to the South
Commonwealth Partners, LLC, c/o Windsor /Aughty Company, Inc., Suite 500, 40 West Broad
Street, Greenville, SC 29601.
6. This ordinance shall be in full force and effect at such time as a copy, duly signed,
sealed, and acknowledged by South Commonwealth Partners, LLC has been admitted to record, at
the cost of South Commonwealth Partners, LLC, in the Clerk's Office of the Circuit Court for the
City of Roanoke and shall remain in effect only so long as a valid, current certificate evidencing the
insurance required in Paragraph 4 above is on file in the Office of the City Clerk, or until the City
I equires the removal of such encroachments, which may be done in the sole discretion of the City by
sending written notice to South Commonwealth Partners, LLC to remove the encroachments
authorized herein. In the event this Ordinance is not signed by South Commonwealth Partners, LLC
and recorded in the Circuit Court Clcrk's Off ec Por the City of Roanoke within (90) days From the
ndoption of this Ordinance, this Ordinance shall terminate Lind be of no further force and elluct.
Pursuant to Section 12 of the City Charter, the second reading of this ordinance by
titic is hereby dispensed with.
(�� SAT "I'8S .
City Clc k. I (f
The undersigned ac1uu0wldl9cs tivrt it has rcud and understands the terms and conditions stated
above and agrees to comply with those leans and conditions.
SOUTH COMMONWHA[XH PARTNERS, LLC,
a South Carolina limited liability company
By
_..., Manager
STATE OF SOUTH CAROLINA )
To -wit:
COUNTY OF
1, a Notary Public in and for the State and City aforesaid, do certify that the foregoing
instrument was acknowledged before me this day of 2016,
Manager of South Commonwealth Partners, LLC, a
Sou0r Carolina limited liability company, for acrd on behalf of South Commonwealth Partners, LLC,
a South Carolina limited liability company.
My Commission
Notary Public
Registration
5
E) CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: October 17, 2016
Subject: Encroachment Request from South Commonwealth Partners,
LLC for Two Encroachments into Public Right of Way Located at
Official Tax Map Number 4015004 (CM] 6-00148)
Background:
South Commonwealth Partners, LLC, is requesting two encroachment permits
into the public right -of -way of the City of Roanoke at the following locations: (1)
at the corner of Luck Avenue, S.E., and Church Avenue, S.E.., Roanoke, Virginia,
in front of the new Hampton Inn, and between the first and second levels of the
northern fa4ade of the parking garage structure designated as Official Tax Map
No. 4015004, and (2) on the side of Church Avenue, S.E.., Roanoke, Virginia, on
the side of the new Hampton Inn, and between the first and second levels of the
northern facade of the parking garage structure designated as Official Tax Map
No. 401 5004.
The request for the permits are to allow the encroachment of an existing sign
and canopy into the City's public right -of -way at the above locations in
connection with the development of the downtown Hampton Inn. The
encroachment of the sign is located at the corner of Luck Avenue, S.E., and
Church Avenue, S.E., Roanoke, Virginia, in front of the new Hampton Inn, and
between the first and second levels of the northern facade of the parking
garage structure designated as Official Tax Map No. 4015004. The sign
encroachment shall be approximately 12 inches in width and will extend
approximately 2.9 feet in length into the right -of -way.
The second encroachment permit request is to allow an existing canopy placed
above the city's public right -of -way located on Church Avenue, S.E., Roanoke,
Virginia, on the side of the new Hampton Inn, and between the first and second
levels of the northern fa4ade of the parking garage structure designated as
Official Tax map No. 4015004. The encroachment shall be approximately 58
feet 3 inches in width and will extend approximately 1.5 feet in length into the
right -of -way, more particularly bounded and described on an "Exhibit Showing
an Existing Sign and Canopy Extending into the Right of Way of Church Avenue,
S.E., City of Roanoke, Virginia dated September 20, 2016."
Recommended Action:
Adopt the proposed Ordinance authorizing the encroachment of the existing
Sign and Canopy at the two (2) locations described on the plat attached to this
letter. All necessary documents required for these encroachments are to be
approved as to form by the City Attorney.
(2 --- 4 ---------------
Christopher P. Morrill
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Asst. City Mgr. for Community Development
Barbara A. Dameron, Director of Finance
Wayne F. Bowers, Director Economic Development
Debbie Moses, Parking Administrator
Philip C. Schirmer, P.E., City Engineer
Marc B. Nelson, Special Projects Coordinator
Cassandra L. Turner, Economic Development Specialist
Roanoke Citv Council
FY16 Financial Report
(Unaudited)
City of Roanoke
October 17, 2016
U-1.
Comparison Of FY 2016 to FY 2015
o Strong local tax revenue growth at 4.2%
o Real Estate, Personal Property, Motor
Vehicles License, Meals and Lodging Taxes
all increased 3.0% or greater. Business
License Tax Decreased 2.7%
o Maintained General Fund Reserve at 10.6%
of Expenditures
Z
EA
Challenges Compared to Budget
• Started off with fluctuations, but improved
with signs of growth
• Adjusted Revenue Budget to reflect
improvement
Personal Property Current $1,700,000
Delinquent Personal Property 2001000
Public Service - Real Estate 500,000
Sales Tax 300,000
Lodging 100,000
Total $2,800,000
The Adjusted Revenue Budget
Allowed For Increases In:
Residential Juvenile Detention
Fire Overtime
Fire FLSA
Fire Peak Ambulance
Snow Removal
Deer Culling
Registrar
Fleet Parts
Tota I
$ 146,955
285,639
83,463
109,317
198,358
68,000
96,535
630,388
$ 1,618,655
FY 2016 Revenue Variance
o Overall Revenue Variance ($2,600,000)
• Social Services
• Sheriff Vacant Positions
• Personal Property Taxes
• Other Local Taxes
• Fees & Licenses
• Fines & Forfeitures
• Charges for Services
• Street Maintenance
($1,900,000)
(280,000)
900,000
(400,000)
(300,000)
(270,000)
(500,000)
150,000
wi
0
Finished the Year (2016)
o Maintaining the General Fund Reserve at
10.6%
o Increased funding for schools
o Prudent management of contingency and
operational funding
Continued Increase in General Fund Revenues
275.0
270.0
u
265.0
-
19%
c
260.0
ssso
Ob%
8
�
245.0
2an0
31%
t,::7
FY 2012 FY 2013 FY 2014 FY 20B %2016
(unaudited)
FY 2016 General Taxes increased $5.4 million and Other Local Taxes increased $2.3 Million over FY
2015.
To enhance comparability, FY 12 data were adjusted for daycare revenues. Effective in January
2012, the Commonwealth began paying daycare services directly.
Source: City of Roanoke CAFR FY2012- FY2015 and Unaudited FY2016 Financial Statements 7
Total Local Taxes Increased for Fifth Year
(Includes General Property and Other Local Taxes)
(uea,diced)
The data includes 2% increase in meals tax in FY 2012, and1% increase in transient tax in FY
2013. In FY 2016, increases of $0.03 in real estate tax, 0.5% meals tax, and $8.00 motor vehicle
tax.
Source: City of Roanoke CAFR FY 2012 -FY 2015 and Unaudited FY 2016 Financial Statements
E
Modest Growth In Real Estate Tax Revenues
85
so
S 75
E
5 70
0
`m
8 65
60
55
50
2.8%
2012 2013 2014
2015 2016 2016
(Unaudited) Budget
Current Year Real Estate Tax $352K above budget offset by Delinquent of $424K below budget
Note: Effective 7/1/2015, real estate tax increased $0.03.
Source: City of Roanoke CAFR FY 2012 -FY 2015 and Unaudited FY 2016 Financial Statements. 9
Sales Tax Stable in FY16
22
2.7% 1.6% (1D%)
20
0
E
18
16
8
14
12
2012 2013 2014
0.0% 1.0%
7.3%
t I
2015 2016 2016 Budget
(Unaudited)
Sales Tax $200K below budget with greatest decline in Quarter 4 (April - June)
Source: City of Roanoke CAFR FY 2012 -FY 2015 and Unaudited FY 2016 Financial Statements
10
Current Year Personal Property Tax
Growth in FY16
69%
2014 2015 2016(Unaudited) 2016 Budget
Current Personal Property Tax $686K over budget
Source: City of Roanoke CAFR FY 2012 -FY 2015 and Unaudited FY 2016 Financial Statements
11
23
22
c
21
E
20
2.7%
a
`m
5.7%
8
19
a
18
17
2012
2013
69%
2014 2015 2016(Unaudited) 2016 Budget
Current Personal Property Tax $686K over budget
Source: City of Roanoke CAFR FY 2012 -FY 2015 and Unaudited FY 2016 Financial Statements
11
Meals Tax Continues Strong Growth Pattern
16
15
F 14
0
E
13
C
8
12
11
10
2012 2013 2014 2015 2016 2016
(Unaudited) Budget
To enhance comparability, data excludes 2% meals tax component for FY12. Rate changed from
5.0% to 5.5% in FY16.
Meals Tax $229 over Budget with consistent growth during FY 2016.
Source: City of Roanoke CAFR FY 2012 -FY 2015 and Unaudited FY 2016 Financial Statements 12
Current Business License Tax
14.0 -, 52% (2.7x)
F
12A
E
$
10.0
8.0
2012 2013 2014 2015 2016 2016
(Uneud'ded) Budget
Current Business License Tax in line with budget
Source: City of Roanoke CAFR FY 2012 -FY 2015 and Unaudited FY 2016 Financial Statements
13
Strong Lodging Tax Growth Indicative of
Roanoke Tourism Gains
7A% 7.4% 23%
2012 2013 2014 2015 2016 2016
(Unaudited) Budget
To enhance comparability, FY13 was adjusted to remove the 1% increase effective
January 1, 2013.
Lodging Tax slightly below budget ($61K) due to unanticipated declines in Fourth Quarter.
Source: City of Roanoke CAM FY 2012 -FY 2015and Unaudited FY 2016 Financial Statements
14
5
4
_
C
O
E
3
•
2
8
1
0
7A% 7.4% 23%
2012 2013 2014 2015 2016 2016
(Unaudited) Budget
To enhance comparability, FY13 was adjusted to remove the 1% increase effective
January 1, 2013.
Lodging Tax slightly below budget ($61K) due to unanticipated declines in Fourth Quarter.
Source: City of Roanoke CAM FY 2012 -FY 2015and Unaudited FY 2016 Financial Statements
14
0
Commonwealth Funding
75.0
`0
70.0
c
65.0
`s
8
60.0
55.0
5.0% 03%
FY 2012 FY 2013 FY 2014 FY 2015 FY 2016
(Unaudited)
Local aid to the Commonwealth was eliminated in FY14, having a positive effect on revenues.
Data excludes this impact in FY13 to enhance comparability.
Due to state budget cuts, this local aid was reinstated in FY15. The impact to the City was
$682,000 revenue reduction which has been excluded for comparability.
Source: City of Roanoke CAFR FY 2012 -FY 2015 and Unaudited FY 2016 Financial Statements
15
c
0
E
C
t
Increase in
City Funding of Schools
$73.38
80 /
78 ,� $73.91
76
74 '
72
70
68
66
64
62
FY 2012 FY 2013 FY 2014
■ Funding based on formula
$75.99
FY 2015
2% Meals Tax Funding
$79.10
FY 2016
(Unaudited)
Source: School CAFR FY 2012 — FY 2015 and Unaudited FY 2016 Financial Statements
16
City Unassigned General Fund Balance
Exceeds Policy Target of 10%
30MM
25000
0
E 20.000
15.000
8
10.000
5.000
0.000
FY 2012 FY 2013 FY 2014 FY 2015 FY 2016
(Unaudited)
Source: City of Roanoke CAFR FY 2012 -FY 2015 and Unaudited FY 2016 Financial Statements
17
Economic & Community Development
Reserve Remains Above Floor
E
C
O
Y
P.
5
4
3
2
1
$4.20
FY 2012 FY 2013 FY 2014 FY 2015 FY 2016
(Unaudited)
Funded by proceeds from sale of property and interest income on the unspent capital funds.
door of
L Million
Source: City of Roanoke CAFR FY 2012 -FY 2015 and Unaudited FY 2016 Financial Statements
18
c
.N
m
0
0
Pension Plan Funded Status
.11
500
400 - —
81.4
300
66.9%
200 _. _. __
i.
r,:...:
100 - --
0
FY 2012 FY 2013
Actuarial Value
r_as_v, J
FY 2014
Accrued Liability
73.8%
68.7%
FY 2015 FY 2016
(Unaudited)
Market Value
Source: Milliman Consultants and Actuaries, Cheiron Inc.;
Annual Pension Actuarial Valuations
19
In Conclusion
o FY16, although challenging, was
another positive year
o Several revenues increased more than
3.0% compared to FY15
o Strong expenditure control
o Maintained reserve funding for General
Fund
o City Pension Plan funded ratio
decreased from 73.8% to 68.7%
20
STEPHANIE M. MOON REYNOLDS, MM('
City C'Ierk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 C hureh Avenue, S. W., Room 456
Roanoke, Viiginln 24011 -1536
'felephanc: 15411) 953 -]541
Fl,z, 1549) 951 -1145
H -mnil: de, kq,,. okevn.9o.
October 19, 2016
The Honorable John S. Edwards
Member, Senate of Virginia
P. O. Box 1179
Roanoke, Virginia 24006 -1179
The Honorable Sam Rasoul
Delegate, House of Representatives
3027 -C Peters Creek Road, N. W.
Roanoke, Virginia 24017
Gentlemen:
CECELIA F. MC 'COY
Deputy City Clerk
CECE LIA T. WE Bij, CM('
Assistt iii Deputy Citv Clerk
The Honorable Chris Head
Delegate, House of Representatives
P. O. Box 19130
Roanoke, Virginia 24019
I am enclosing copy of Resolution No. 40674- 101716 adopting and endorsing a
Legislative Program for the City to be presented to the City's delegation to the 2017
Session of the General Assembly; and authorizing the City's legislative liaison to
advocate the positions of the City with respect to matters presented during the 2017
Session of the General Assembly.
Furthermore, a joint meeting of the City Council, School Board and Area Legislators will
be held on Monday, November 7, 2016, at 9:00 a.m., in the Council Chamber, Room
460, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to
discuss the 2017 Legislative Program.
The abovementioned measure was adopted by the Council of the City of Roanoke at its
regular meeting held on Monday, October 17, 2016.
StepSince ely,
Moon Reynatds, MMR
City Clerk
Enclosure
c: Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools
Cindy Poulton, Clerk, Roanoke City School Board
o
�i
IN 11111 COUNCII, OF TI nt ('fly Olr ROANOKE, VIRGINIA
The 1701 day of October, 2016.
No. 40674 - 10171.6.
A RFSOIJ ITION adopting and endorsing a Legislative Program for the City to be In escilled to
the City's delegation to the 2017 Scssion of the Gencral Assembly; and authorizing the City,,
legislative liaison to advocate the positions of the City with respect to matters presented during the
2017 Session 0f the Gen craI Assembly.
WHEREAS, the members of City Council are in a unique position to be aware ofthe legislative
needs of this City and its people;
WHEREAS, previous Legislative Programs of the City have been responsible for improving
the efficiency of local government and the quality of life for citizens of this City and our Blue Ridge
region;
WHEREAS, Council is desirous of again adopting and endorsing a Legislative Program to be
advocated by the Council and its representatives at the General Assembly;
WHEREAS, Council is also desirous to authorize its legislative liaison with authority to
advocate the position of the City on matters that may affect the City that are not specifically included
in its Legislative Program in an efficient and effective manner; and
WHEREAS, the Legislative Committee of City Council has by report, dated October 17, 2016,
,recommended to Council a Legislative Program to be presented at the 2017 Session of the General
Assembly,
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the
The Legislative Program transmitted by report of the Legislative Committee, dated
October 17, 2016, is hereby adopted and endorsed by the Council as the City's official Legislative
Program for the 2017 Session of the General Assembly.
K.ALGGIS\2017 -18 ProgamlresoWtion sdoptlng program. tloc
2. Council tmthorizes the City's Icgislafivc liaison to advocate an all matters that arise
during file 2017 SeSSIOn of the Ciercral Assembly that may atlecl the interests of the City. With
respect to matters that are not Specillcally included in the 2017 Legislative Program, the City's
legislative liaison shall first advise the Chair or Vice Chair of the Legislative Committee and the City
Manager of the particular matter and the position that the City should advocate and shall receive the
consent Of the Chair or Vice Chair or tile Legislative Committee and the City Manager to proceed.
3. A joint meeting of the School Board and City Council will be held on Monday,
November 7, 2016, at 9:00 a.m., to present the 2017 Legislative Program to the Senators and
Delegates.
ATTEST:
c�.
City Clerk. t
K'.tLGGtS@o17 gPrograni4esoNtion adopting program. doe
CITY OF ROANOKE
` CITY COUNCIL
215 Church Avenue, S.W.
i
Noel C. Taylor Municipal Building, Suite 456
Roanoke, Virginia 24011-1536
- Telephone: (540) 853 -2541
SHERMAN P. LEA, SR. Fax: (540) 853 -1145
Mayor Email derksroaookeva.gov,
October 17. 2016
The Honorable Sherman P. Lea, Sr., Mayor
and Members of Council
Re: 2017 Legislative Program
Dear Mayor Lea and Members of Council:
Council Members
William D. Bestpitch
Michelle L. Dykstra
Raphael E. "Ray" Ferris
John A. Garland
Anita J. Price
David B. Trinkle
The Council Legislative Committee unanimously approved the 2017 Legislative
Program, a copy of which is attached to this letter and recommends that City Council adopt this
recommendation as its 2017 Legislative Program. The recommended Program seeks to build on
the very successful and productive 2016 session that was enjoyed by the City and its neighboring
localities in our region. Through collaboration and cooperation, we achieved several notable
results that will have immediate and long -term beneficial impacts on the quality of life in
Virginia's Blue Ridge. With this experience as our foundation, let me summarize our proposed
2017 Legislative Program.
The recommended Program includes many positions that the City has advocated for
several sessions of the General Assembly. These issues include budgetary matters such as
unfunded mandates, adequate funding of public safety, and equitable tax reform; transportation
infrastructure, public education issues involving school start dates and adequate funding, and
several administrative matters. The proposed Program includes new issues that address
accessibility to mental health treatment facilities, short term rentals, and stormwater utility fees
and exemptions because these issues were considered by the General Assembly during the 2016
session. Regional economic development is also being addressed and advocated in this Program
by proposing the creation of a Regional Transportation District and the exploration of an Inland
Port Facility. These positions continue our diligent pursuit of opportunities for the Roanoke and
New River Valleys and to expand sustainable economic growth for our Blue Ridge region.
The proposed Program includes recommendations to address the issues of gun violence
and the illegal use of firearms. This issue is national in scope and requires the collaborative
efforts of our state and federal elected officials to address. The Committee recommends that the
General Assembly (i) add the City as a locality in which certain loaded firearms are prohibited;
and (ii) enable localities to adopt measures to limit, restrict, or prohibit firearms in local public
buildings.
S- ALEGIS\2017 -I8 Program \Report from Council Member Ferris regarding 2017 Legislative Agenda(2) doe 10/12/16
The Committee removed the section of previous agendas involving the issue of domestic
violence and funding opportunities for Sabrina's Place, operated by Total Action for Progress in
Roanoke Valley (TAP). This section was removed because the specific objective had been
achieved. The Committee noted that the issue of domestic violence remains a critical concern
for our community and the City's legislative liaison will remain vigilant in monitoring any
proposed legislation in this area.
The Committee approved the proposed Program with the expectation that the proposed
2017 VML Legislative Agenda was adopted substantially as set forth in the draft proposal. VML
adopted its 2017 legislative program at its meeting last week and I report to you that the
program, as adopted, is substantially similar to the proposed agenda. The only item added to the
proposed VML Program was a request to study the fiscal impact and feasibility of providing 5%
of lottery proceeds to localities.
Finally, the Committee recommends that Council specifically authorize our legislative
liaison to advocate on any other issues that may arise during the 2017 legislative session
provided Mr. Carron receives the prior approval of the City Manager and the Chair of the
Legislative Committee.
RECOMMENDATION
I recommend that Council adopt the 2017 Legislative Program, as proposed by the
Council Legislative Committee by adopting the attached resolution. The proposed resolution
specifically authorizes the City's legislative liaison to represent the interests of the City that are
not included in this Agenda provided Mr. Carron receives the approval of the City manager and
the Chair of the Legislative Committee. The measure also sets November 7, 2016, at 9:00 a.m.
as the date on which Council has invited our Legislative delegation to meet with us.
Respectfully submitted,
Raphael E. Ferris
Chair, Council Legislative Committee
Christopher P. Morrill, City Manager
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Assistant City Manager for Operations
Daniel J. Callaghan, City Attorney
Troy A. Harmon, Municipal Auditor
Barbara A. Dameron, Director of Finance
Stephanie M. Moon Reynolds, City Clerk
Rob Carron, City Legislative Liaison
KVLEGISU017 -1 N Pmgam \Report from Co.ndl Member Ferris regarding 20171 c,,,Iaiivc Agenda(2) d°c 10/12/16
Legislative Committee Recommendation: 11.03.21116
Roanoke City Council
2017 Legislative Program
BUDGET, LOCAL AID, AND LOCAL REVENUES
A. Budget and Unfunded Mandates
The City of Roanoke strongly urges the General Assembly to maintain its commitment to
localities by avoiding reductions in local aid. Budget challenges should not be used to shift
state service or financial responsibilities from the Commonwealth to localities. Moreover, the
General Assembly should oppose any new mandates on localities that are not fully funded by the
Commonwealth. The City also opposes the continuation of state mandates for which the
Commonwealth proposes to shift the fiscal responsibility for such programs to localities.
Roanoke specifically requests the General Assembly to fund the obligations of the
Commonwealth set forth in the Line of Duty Act (Sections 9.1 -400 through 9.1 -408, Code of
Virginia (1950) as amended).
B. Local Law Enforcement Funding
Roanoke formally requests that the General Assembly increase HB 599 funding. Local law
enforcement agencies confront significant increases in expenses as communities demand
improvements in law enforcement practices. As one example, police departments around the
Commonwealth are acquiring new equipment and technology to provide body wom cameras for
their officers. This recent development comes with significant costs that will increase as
technologies improve. The General Assembly should consider these costs and help localities
fund these costs. At a minimum, the General Assembly should not limit or eliminate the ability
of police departments to use funds from existing forfeiture of property programs involving
criminal enterprises.
C. Enhance Local Revenue Collections
Payment of Interest by Localities for Refunds Attributable to
Taxpayer Error
The City also recommends amendments to Section 58.1 -3916 to eliminate the requirement that
localities pay interest on refunds at the same rate that localities charge for delinquent taxes in
circumstances where the erroneous assessment is attributable solely to filings made by the
taxpayer. A locality should be required to pay interest on such refunds at the lesser of (i) the rate
charged for delinquent taxes; or (ii) the average rate earned by the locality during the period in
which the amount of the refund were held by the locality. As an example, a taxpayer could
Legislative Committee Recommendation: 10.03.2016
overpay its business tax and apply for a refund based upon a deduction not originally taken by
the taxpayer. Under current state code, the locality is required to pay the amount of the refund,
together with interest at 10% per annum. 'this rate of return greatly exceeds current market rates.
Taxpayers should not enjoy a windfall return at the expense of the locality for mistakes made by
the taxpayer.
D. Tax reform
The City welcomes a discussion, review, and reformation of the current tax structure in the
Commonwealth. Meaningful tax reform can only be achieved through a comprehensive effort;
piecemeal attempts will not address this critical economic issue. An essential component of any
debate on meaningful tax reform must begin with a serious study of the current tax preferences
provided to a myriad of interests. These tax preferences cost the Commonwealth billions in
revenues annually. Additionally, tax reform must be a balanced approach that allows localities
some flexibility in establishing a local tax structure that supports the local and regional economy.
An example of a balanced approach is maintaining the current availability of rehabilitation tax
credits to allow the restoration and reuse of buildings in communities like Roanoke. This
program allows a locality to improve its tax base, enhance its economic core, and improve the
quality of life within the community. These factors demonstrate the net benefit to localities and
the Commonwealth and therefore warrant the continuation of this tax credit program.
The City urges the General Assembly to refrain from creating further exemptions that are
applicable to local revenue sources. The expansion of exemptions with respect to local taxes by
the General Assemble limits the ability of localities to allocate the necessary costs of local
government across all members of the community. Continued expansion of these exemptions is,
in effect, an unfunded mandate imposed on localities.
II. TRANSPORTATION
Transportation infrastructure is essential to economic development, community strength, and
quality of life. Transportation infrastructure also contributes to improvements in environmental
quality and energy conservation. Roanoke applauds the continued efforts of the Governor and
the General Assembly in developing, promoting, and funding a comprehensive and diverse
transportation plan for the Commonwealth, and the Roanoke region. The Commonwealth and
Roanoke are active partners in the return of passenger rail to the Star City within the next two
years. Roanoke appreciates and applauds this commitment from the Commonwealth. Roanoke
supports further expansion of passenger rail service throughout Southwest Virginia.
A. Highway Infrastructure
The City urges Congress, the Federal Highway Administration, Governor, General Assembly,
and the Virginia Department of Transportation to take all steps necessary to pursue all available
funding for improvements to expand and improve the reliability of Interstate 81 and commence
construction of Interstate 73 from Interstate 81 to the North Carolina border, including
improvements to Interstate 581 and re- designation of Interstate 581 to Interstate 73. These
projects are critical components in the improvement of transportation infrastructure in the
Roanoke Valley and Southwest Virginia. Improvements in transportation infrastructure and
Legislative Committee Recommendation: 111.03.2016
facilities are essential to the maintenance and expansion of economic development and to
improve the safety and reliability of corridors throughout our region. These projects are
Roanoke's highest transportation and economic development priorities.
B. Regional Transportation District
The City supports legislation to establish a regional transportation district to support the
development and expansion of transportation infrastructure throughout the region. The expansion
of transportation infrastructure will enhance and improve economic development opportunities
within our region and contribute to the improvement of the quality of life for all residents of our
region.
C. Public Transit Funding
Roanoke strongly encourages the General Assembly to maintain support for local public transit
programs such as the Valley Metro bus service in Roanoke. Local bus service is a critical
component of the overall transportation system in our community and is an important component
of our community's quality of life. For many Roanoke residents, bus service is an essential
service. A quality bus service will reduce traffic congestion and energy consumption. Roanoke
opposes any changes in funding formulas that would reduce current funding for Valley Metro
bus system.
III. REGIONAL DEVELOPMENT
Virginia's Blue Ridge is a vibrant area that provides its residents with an exceptional quality of
life. The region is ripe for the expansion of development. Regional collaboration is the critical
component in continuing the recent successes of our region in bringing exciting new
development and economic opportunities to Virginia's Blue Ridge. Roanoke City is committed
to working with its local partners in promoting the region and advocating for opportunities that
the General Assembly can and should support.
IV. ECONOMIC DEVELOPMENT
A. Historic Rehabilitation Tax Credit Program
Roanoke has utilized Virginia's Historic Rehabilitation Tax Credit program in collaboration with
private developers to encourage creative and innovative reuse of historic structures within the
City. This tool produces tangible economic benefits that have revitalized development in our
City. Historic tax credits encourage private investment to preserve the historic character of our
neighborhoods and business districts and spur growth. Roanoke urges the General Assembly and
its Joint Subcommittee to Evaluate Tax Preferences to support the Historic Rehabilitation Tax
Credit program and reject effort to weaken or eliminate this program.
B. Inland Port Facility
The recently completed upgrade of the Panama Canal presents exciting opportunities for the
Commonwealth of Virginia to become the United States center for international trade and
Legislative Committee Recommendation: 10.03.21116
distribution east of the Mississippi River. The Roanoke Region and New River Valley, ideally
located at the intersection of Interstates 81 and 77, Route 460, and Ileartland and Crescent
corridors operated by Norfolk Southern, are experiencing economic expansion by companies
with international reach and demand. Our region is also just a few hours away from producers
with similar distribution interests in neighboring states. Our region is ideally situated to
capitalize upon this significant economic opportunity and facilitate economic development
throughout the Commonwealth of Virginia. Roanoke encourages and supports any efforts by the
Port of Virginia to evaluate the merits of establishing an inland port facility in the Roanoke
Region and the New River Valley.
V. MENTAL HEALTH SERVICES
The proposal to close Catawba Hospital was eliminated from the budget adopted during the 2016
Session of the General Assembly. The urgent issue of adequate, available and accessible mental
health care services remains. The City supports actions by the General Assembly to consider all
aspects of mental health care for citizens throughout our region and the Commonwealth. These
considerations should include legislation to encourage and assist public - private initiatives to
address these needs. Furthermore, our local and regional jails are no substitute for a statewide
mental health program to address the needs of citizens with mental conditions.
VI. PUBLIC SAFETY
An issue that affects communities throughout the United States is the illegal use of firearms. The
City urges Congress and the General Assembly to initiate efforts to adopt pragmatic and
effective measures, applicable throughout the country and the Commonwealth, that address this
issue. The issue of reducing the illegal use of firearms while protecting individual rights is not
solely a local or regional issue. An effective response can only be achieved through a
collaborative federal and statewide approach.
As an initial step, the City encourages the General Assembly to add the City to the list of 13
localities listed in Section 18.2- 287.4, which lists localities where carrying certain loaded semi-
automatic firearms is prohibited.
The City also encourages the General Assembly to authorize localities to adopt measures to
limit, prohibit, or restrict the possession of firearms within local public buildings.
VII. ADMINISTRATIVE MATTERS
A. Stormwater Utility Fees
The City strongly supports the General Assembly in its efforts in refusing to create exemptions
from local stormwater utility fees for special interest groups or industries. This issue involves the
protection of our environment and all businesses, interests, and individuals need to pay their fair
share to address this critical issue.
I.cgislative Committee Recommendation: 10.03.2016
B. Advertising Citv Procurements
The City supports changing the public notification process competitive negotiation procurement
set forth in Section 2.2- 4302.2 (2) to mirror the process presently established for competitive
sealed bidding in Section 2.2- 4302.1 (2). The current process for competitive sealed bidding
allows for public notification through the website maintained by the Virginia Department of
General Services or other appropriate websites. Localities may also publish a notice in a
newspaper of general circulation. The current process for competitive negotiation procurement
requires localities to publish notice in a newspaper. This change will allow localities to
determine the benefits of alternative publications and whether those benefits warrant the
expenditure of public funds to advertise an RFP in the local newspaper. Publishing the
procurement on e -Va and on the localities website would negate any requirement to publish the
procurement in the local newspaper. Publishing procurements in the local newspaper does not
represent the same reach into the government vendor community as publishing on State and local
electronic procurement websites. This amendment will allow localities to make the decision on
the efficient use of limited resources.
C. Additional General District Court Judge
Roanoke wants to be responsive to its citizens, especially in circumstances where property
owners are not in compliance with city code requirements. Presently, city code enforcement
actions before the General District Court are limited to one (1) hearing day each calendar month..
This limitation causes delays for the City planning and code enforcement staff. In addition,
citizens generally, including landlords and tenants, and citizens dealing with traffic enforcement
issues, experience significant inconvenience and delays with the lack of an additional General
District Court judge. The General Assembly can provide relief from these delays by funding and
appointing another judge for the General District Court. One General District Court judge retired
in October, 2013 and that position has remained unfilled. As a result, judges from Roanoke
County hold sessions in Roanoke City on certain days during each month. Prior to the retirement
of one of the three General District Court judges in 2013, code enforcement cases were
scheduled on two (2) days each calendar month. Roanoke urges the General Assembly to take
action to provide Roanoke with a third General District Court judge.
D. Plastic Bags
'the City supports legislation that will enable the City to charge and collect a fee for the use of
plastic shopping bags provided by retailers to its customer. The goal of such legislation is to
provide the City with a revenue source to fund clean-up actions associated with persistent
littering, often in the form of plastic bags discarded by customers of retail stores. These clean -up
activities will assist the City in meeting its mandated MS4 stormwater permit requirements and
enhance the livability and attractiveness of The Star City of The South.
E. Charter Amendments
The City requests the General Assembly to amend the City's Charter to reduce the requirement
that the City Council meet at least two times during each month. The City requests an
amendment that will require Council to schedule at least one regular session during each
Legislative Committee Recommendation: 10.03.2016
calendar month. "the schedule of sessions for the year beginning each July 1 shall be set at the
Council organizational meeting on the first Monday of July. The organizational meeting shall
constitute a regular meeting of Council for the month of July. This charter change will provide
the Council with flexibility in setting its schedule and remaining transparent to the public in
setting that schedule.
Smoking in Public Parks
Current state code allows localities to adopt regulations that designate areas in which smoking
inside certain public facilities is prohibited. Public facilities are limited to indoor facilities.
Localities should be given the authority to designate areas within outdoor facilities such as public
parks where smoking is prohibited. Such regulations could prohibit smoking within the entire
outdoor public facility. . The legislation would enable localities to adopt measures; the
legislation should not mandate action by localities.
G. Local Regulation of Short Term Rentals
Roanoke adopted an ordinance to address the desire of homeowners to rent rooms within their
homes for limited stays by guests and the concerns of residents that their residential
neighborhoods are becoming commercial districts. The local ordinance is tailored to the unique
characteristics of Roanoke's residential districts. The Commonwealth should not usurp this
critical local control from localities. Any legislation to regulate operations of short term rentals,
such as AirBnB, should not include any preemption of this essential local control of
development
H. Blight
Blighted properties present significant challenges for localities in their efforts to revitalize,
support, and sustain their neighborhoods. The General Assembly has provided localities with
several tools to address the issue of blighted properties. One challenge persists, however, with
respect to the ability of a locality to take immediate action to remove a property that presents a
real and imminent danger to public health and safety if a building is in such a deteriorated
condition that it presents an immediate risk of collapse. Section 15.2 -906 authorizes localities to
adopt ordinances to establish procedures for removal of deteriorated buildings. That procedure
requires prior notice to the property owner and lien holders of record. Section 15.2 -906 also
allows for an expedited process in limited circumstances. Roanoke recommends that this statute
be amended to allow a locality to take expedited action, without compliance with the various
notice provisions, if the building is in immediate danger of collapse. This suggested standard is
consistent with provisions of the Statewide Building Code.
Miscellaneous code changes
The City recommends the following technical changes to state code:
Amend several section of State Code to provide that various nuisance liens have the same
priority and duration as unpaid local real estate tax liens. Currently, state code provides that
nuisance liens have the same priority as "unpaid local taxes." The State Code sections that
Legislative Committee Recommendation: 10.03.2016
require this amendment include Section 15.2- 901 B, Section 15.2 -906 (4), Section 15.2 -907 (3),
Section 15.2 -908, Section 15.2 -908.1 (3), and Section 15.2 -1115 B.
Amend Section 15.2 -2314 to clarify the protection afforded localities from costs that
could be assessed by a court in an appeal of a decision of the local board of zoning appeals. Prior
to 2010, the board of zoning appeals was the local governmental body that was named in an
appeal. Amendments to State Code in 2010 mandated that the "local governing body' be named
in an appeal. The limitation on the assessment of costs was not changed. The recommended
amendment would provide that costs cannot be assessed against the locality or the local
governing body.
Legislative Committee Recommendation: 10.03.2016
City of Roanoke Public Schools
2017 Legislative Program
SCHOOL START DATE
The City and the Schools support amendments to Virginia Code Section 22.1 -79.1 that would
afford the Roanoke City School Board the discretion to select the School Start Date that best
suits the needs of its students and those of the school division. The control of the public school
calendar by the local school board would provide local flexibility and control over opening dates
to allow the Roanoke City School Board to have time to provide for required remediation and
teacher training. Additionally, it would allow the Roanoke City School Board to ensure its
schedule does not conflict with the articulation agreement with Virginia Western Community
College (Virginia Code Section 23- 9.2:3.02) which allows dual enrollment opportunities for its
students. RCPS would be able to schedule exams for dual enrollment classes based upon the
Virginia Western Community College exam schedule. Furthermore, RCPS believes that
additional instructional days prior to administering the Standards of Learning (SOL) tests would
result in improved student performance on the SOL tests.
II. FUNDING FOR EDUCATION
The State has a constitutional duty to meet its education funding obligations. The City and the
Schools encourage you to do everything possible to significantly increase spending on public
education. The Roanoke City Schools is operating with the same level of state funds provided in
2009. The City and Schools support full funding of State education programs including the
Standards of Quality, incentive, categorical, and school facilities programs. The City and Schools
oppose changes in methodology and changes in the division of financial responsibility that result
in a shift of funding responsibility from the State to localities. As an example, the City and
Schools oppose the elimination or decrease of State funding for State mandated benefits for
school employees.
The City and the Schools oppose policies that lower State contributions to education under the
Standards of Quality or other programs, but do nothing to address the cost of meeting the
requirements in the Standards of Accreditation and Standards of Learning. The State should not
continue to maintain and increase educational requirements while at the same time decreasing
State funding. The challenges confronting local schools are compounded because the actual costs
incurred by local school divisions in meeting mandates are often much greater than estimated by
the Commonwealth. Additionally, the increase in classroom rigor as a result of changes in
student performance requirements should be supported by an increase in teacher instructional
knowledge and skills. Funds should be allocated to support continuing education for teachers.
Funding for education includes an emphasis on access to enhanced technology to assist all
students for the challenges presented by technology based SOL tests. Roanoke City Public
Schools has initiated a program to provide eighth graders with lap top computers to address this
challenge. As a part of its effort to fulfill its constitutional obligation to education funding, the
Commonwealth must include funding for technology that enhance learning as well as the staff
development needed for teachers.
October 19, 2016
Cindy Poulton, Clerk
Roanoke City School Board
40 Douglass Avenue, N. W.
Roanoke, Virginia 24012
Dear Ms. Poulton:
CECELIAT. WEBB,CMC
Assistant Deputy City Clerk
I am enclosing copy of Budget Ordinance No. 40675- 101716 to appropriate funding
from the Federal and Commonwealth grants and the Schools general funds for various
educational programs, amending and reordaining certain sections of the 2016 -2017
School Grant Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, October 17, 2016; and is in full force and effect upon
its passage.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
PC: Dr. Rita Bishop, Superintendent, Roanoke City Public Schools, 40 Douglass
Avenue, N. W., Roanoke, Virginia 24012
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Amelia C. Merchant, Director, Management and Budget
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telcpl,ona (541)853 -2541
Fax: (541)853 -1145
STEPHANIE M. MOON REYNOLDS, MMC
C9y 0w
F -midi: clerk(nL'onnokeva ' guv CECELIA F. MCCOY
Depnty City Clerk
October 19, 2016
Cindy Poulton, Clerk
Roanoke City School Board
40 Douglass Avenue, N. W.
Roanoke, Virginia 24012
Dear Ms. Poulton:
CECELIAT. WEBB,CMC
Assistant Deputy City Clerk
I am enclosing copy of Budget Ordinance No. 40675- 101716 to appropriate funding
from the Federal and Commonwealth grants and the Schools general funds for various
educational programs, amending and reordaining certain sections of the 2016 -2017
School Grant Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, October 17, 2016; and is in full force and effect upon
its passage.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
PC: Dr. Rita Bishop, Superintendent, Roanoke City Public Schools, 40 Douglass
Avenue, N. W., Roanoke, Virginia 24012
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Amelia C. Merchant, Director, Management and Budget
IN THE COUNCIL. OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of October, 2016.
Na. 40675- 101716.
AN ORDINANCE to appropriate funding from the Federal and Commonwealth grants and
the Schools general funds for various educational programs, amending and reordaining certain
sections of the 2016 -2017 School 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
2016 -2017 School Grant Fund Appropriations be, and the same are hereby, amended and
reordained to read and provide as follows
Appropriations
Teachers
302- 110 -1102- 0300 -123L- 61100 - 41121 -2 -05
$39,408
Program Coordinator /Site
302- 110 -1102- 0300 -123L- 61100- 41124 -2 -05
22,219
Manager
Activity Assistants
302 - 110 -1102- 0300 -123L- 61100- 41141 -2 -05
39,491
Retiree Health
302 -110- 1102 - 0300 -123L- 61100- 42200 -2 -05
60
Social Security
302- 110- 1102-0300- 123L - 61100 - 42201 - 2 - 05
6,863
VRS
302 -110- 1102 - 0300 -123L- 61100- 42202 -2 -05
794
Medical /Dental
302 - 110- 1102-0300- 123L - 61100 - 42204 - 2 - 05
2,563
Group Life
302- 110 -1102- 0300 -123L- 61100- 42205 -2 -05
72
Professional Contracted Services
302- 110- 1102-0300- 123L - 61100 - 43313 - 2 -05
25,330
Professional Transportation
302- 110- 1102-0300- 123L - 61100 - 43343 - 2 - 05
27,300
Travel - Meals &Lodging
302 -110 -1102- 0300 -123L -61100 - 45553 -2 -05
2,207
Educational & Recreational
302- 110 - 1102 - 0300 - 123L - 61100 - 46614 - 2 - 05
8,172
Supplies
Teachers
302- 110 -1102- 0150 -125L- 61100- 41121 -2 -05
44,880
Program Coordinator /Site
302 - 110- 1102- 0150 -125L- 61100- 41124 -2 -05
19,065
Manager
Activity Assistants
302- 110- 1102 - 0150 - 125L - 61100 - 41141 - 2 - 05
34,446
Retiree Health
302- 110 - 1102 - 0150 -125L- 61100- 42200 -2 -05
78
Social Security
302- 110- 1102- 0150 -125L- 61100- 42201-2 - 05
6,665
VRS
302 - 110 - 1102 - 0150 -125L- 61100 - 42202 - 2 -OS
1,036
Medical /Dental
302 - 110 - 1102 - 0150 - 125L - 61100 - 42204 - 2 - 05
4,447
Group Life
302- 110 -1102- 0150 -125L- 61100- 42204 -2 -05
93
Professional Contracted Services
302- 110 -1102- 0150 -125L- 61100- 43313 -2 -05
23,750
Professional Transportation
302- 110- 1102-0150- 125L - 61100 - 43343 - 2 - 05
24,000
Travel - Meals &Lodging
302 - 110 -1102- 0150 -125L- 61100- 45553 -2 -05
2,729
Educational &Recreational
302 -110 - 1102 - 0150 -125L- 61100- 46614.2 -05
Supplies
5,000
Teachers
302 - 110 -1102- 0430 -127L- 61100 - 41121 -2 -05
36,912
Program Coordinator /Site
302 -110 -1102- 0430 -127L- 61100 - 41124 -2 -05
Manager
20,419
Activity Assistants
302 -110- 1102 - 0430 -127L- 61100 - 41141 -2 -05
38,090
Retiree Health
302 - 110- 1102 - 0430 -127L- 61100- 42200 -2 -05
60
Social Security
302- 110- 1102- 0430- 127L- 61100- 42201 -2 -OS
6,427
VRS
302 -110- 1102 - 0430 -127L- 61100- 42202 -2 -05
794
Medical /Dental
302 - 110 - 1102 - 0430 -127L- 61100 - 42204 -2 -05
2,565
Group Life
302 - 110 -1102- 0430 -127L- 61100 - 42205
-2 -05
72
P10losskmal Contractod Services 302- 110 - 1102 - 0430- '127L- 61100 43313-2-05
$29,940
Professional Transportation
302- 110 -1102- 0430 -127L- 61100 - 43343 -2 -05
26,520
Travel - Meals &Lodging
302 - 110 - 1102,- 0430 -127L- 61100 - 45553 -2 -05
2,207
Educational & Recreational
302- 1'10 - 1102-0430- 127L - 61100 - 46614 - 2 - 05
4,fi59
Supplies
Teachers
302- 110 -1102- 0280 -139L- 61100 - 41121 -3 -05
20,040
Program Coordinator /Site
302 -'110 -1102- 0280 -139L- 61100- 41124 -3 -05
25,369
Manager
Activity Assistants
302 -110 -1102- 0280 -139L- 61100 - 41141 -3 -05
37,587
Retiree Heallh
302 - 110 -1102- 0280 -139L- 61100- 42200 -3 -05
60
Social Security
302 - 110 - 1102 - 0280- '139L- 61100- 42201 -3-05
5,395
VRS
302 -170- 1102- 0280 -139L- 61100 - 42202 - 3 -OS
794
Medical /Dental
302- 110 -1102- 0280 -139L- 61100- 42202 -3 -05
2,564
Group Life
302- 110 -1102- 0280 -139L- 61100- 42205 -3 -05
71
Professional Contracted Services 302 - 110 -1102- 0280 -139L- 61100 - 43313 -3 -05
Professional Transportation
302- 110- 1102-0280- 139L - 61100 - 43343 - 3 - 05
30,639
26,910
Travel - Meals &Lodging
302 - 110 - 1102 - 0280 -139L- 61100 - 45553 -3 -05
2,207
Educational &Recreational
302 - 110- 1102- 0280 -139L- 61100- 46614 -3 -05
4,071
Supplies
Teachers
302- 110 -1102- 0420 -141L- 61100 - 41121 -2 -05
36,912
Program Coordinator/Sile
302 - 110 - 1102 - 0420 -141L- 61100- 41124 -2 -05
20,419
Manager
Activity Assistants
302 -110 - 1102 - 0420 -141L- 61100 - 41141 -2 -05
39,491
Retiree Health
302 -110- 1102- 0420 -141L- 61100- 42200 -2 -05
60
Social Security
302 - 110 -1102- 0420 -141L- 61100 - 42201 -2 -05
6,534
VRS
302 - 110 - 1102 - 0420 -141L- 61100 - 42202 -2 -05
794
Medical /Dental
302- 110- 1102 - 0420 -141L- 61100 - 42204 -2 -05
2,565
Group Life
302 -110- 1102 - 0420 -141L- 61100- 42205 -2 -05
72
Professional Contracted Services
302 - 110 - 1102- 0420 -141L- 61100- 43313 -2 -05
31,340
Professional Transportation
302- 110- 1102-0420- 141L - 61100 - 43343 - 2 - 05
26,520
Travel - Meals &Lodging
302 - 110 - 1102 - 0420 -141L- 61100- 45553 -2 -05
2,207
Educational & Recreational
302 -110 -1102- 0420 -141L- 61100 - 46614 -2 -05
4,031
Supplies
Teachers
302 - 110 -1102- 0350 -142L- 61100 - 41121 -2 -05
37,776
Program Coordinator/Site
302 -110 -1102- 0350 -142L- 61100 - 41124 -2 -05
20,419
Manager
Activity Assistants
302- 110- 1102-0350- 142L - 61100 - 41141 - 2 - 05
39,490
Retiree Health
302 - 110 -1102- 0350 -142L- 61100 - 42200 -2 -OS
60
Social Security
302 - 110- 1102 - 0350 -142L- 61100 - 42201 -2 -05
6,600
VRS
302 - 110 -1102- 0350 -142L- 61100- 42202 -2 -OS
794
Medical /Dental
302 - 110- 1102 - 0350 -142L- 61100 - 42204 -2 -05
2,563
Group Life
302 -110- 1102- 0350 -142L- 61100- 42205 -2 -05
72
Professional Contracted Services
302 - 110 - 1102 - 0350 - 142L - 61100 - 43313 - 2 05
Professional Transportation
-
302- 110- 1102 - 0350 - 142L - 61100 - 43343 - 2 - 05
29,840
26,520
Travel - Meals & Lodging
302 - 110 - 1102 - 0350 - 142L - 61100 - 45553 - 2 - 05
2,207
Educational & Recreational
302 - 110 -1102- 0350 -142L- 61100- 46614 -2 -05
4,604
Supplies
Teachers
302 - 110 - 1102 - 0400 - 143L - 61100 - 41121 - 3 - 05
49,368
Program Coordinator /Site
302 -110 - 1102 - 0400 -143L- 61100- 41124 -3 -05
19,065
Manager
Activity Assistants
302 - 110 - 1102 - 0400 -143L- 61100 - 41141 -3 -05
18,990
Retiree Health
302 -110 -1102- 0400 -143L- 61100- 42200 -3 -05
Social Security
302 -110- 1102- 0400 -143L- 61100- 42201 -3-05
78
VRS
302- 110- 1102-0400- 143L- 61100 - 42202 - 3 -
5,826
1,036
Medical /Dental
05
302 - 110 -1102- 0400 -143L- 61100- 42204 -3 -OS
4,447
Group Life
302- 110 - 1102 - 0400 -143L- 61100- 42205 -3 -05
93
Professional Contracted Services
302- 110- 1102-0400- 143L - 61100 - 43313 - 3 05
Professional Transportation
-
302- 110 - 1102 - 0400 -143L- 61100- 43343 -3
43,214
Travel - Meals &Lodging
-05
302- 110 -1102- 0400 -143L- 61100- 45553 -3
21,120
Educational &Recreational
-05
302 -110- 1102 - 0400 -143L- 61100 - 46614
2,891
-3 -05
5,000
Supplies
Teachers
Program Coordinator /Site
Manager
Activity Assistants
Retiree Health
Social Security
VRS
Medical/Demal
Group Life
Professional Contracted Services
Professional Transportation
Travel- Meals & Lodging
Educational & Recreational
Supplies
Teachers
Program Coordinator /Site
Manager
Activity Assistants
Retiree Health
Social Security
VRS
Medical /Dental
Group Life
Professional Contracted Services
Professional Transportation
Travel - Meals & Lodging
Educational & Recreational
Supplies
Teachers
Program Coordinator /Site
Manager
Activity Assistants
Retiree Health
Social Security
VRS
Medical /Dental
Group Life
Professional Contracted Services
Professional Transportation
Travel - Meals & Lodging
Educational & Recreational
Supplies
Teachers
Program Coordinator /Site
Manager
302 -110 -1102- 0220 -148L- 61100 - 41121 -2 -05
$39,564
302 - 110 -1102- 0220 -148L- 61100- 41124 -2 -05
25,369
302 - 110 - '1102- 0220 -148L- 61100- 41141 -2 -05
45,987
302- 110 - 1102-0220- 148L - 61100 - 42200 - 2 - 05
60
302 -110- 1102 - 0220 -148L- 61100 - 42201 -2 -05
7,612
302 - 110 - 1102 - 0220 -148L- 61100- 42202 -2 -05
794
302 - 110 - 1102 - 0220 - 148L - 61100 - 42204 - 2 - 05
2,565
302- 110 - 1102 - 0220 -148L- 61100- 42205 -2 -05
72
302- 110 - 1102 - 0220 -148L- 61100- 43313 -2 -05
25,880
302 - 110 - 1102 - 0220 -148L- 61100- 43343 -2 -05
27,300
302- 110- 1102 - 0220- 148L - 61100 - 45553 - 2 -05
2,207
302 -110- 1102- 0220 -148L- 61100 - 46614 -2 -05
7,400
302- 110- 1102- 0340 -149L- 61100- 41121 -2 -05
20,040
302 - 110 - 1102 - 0340 -149L- 61100- 41124 -2 -05
22,219
302 -110- 1102- 0340 -149L- 61100 - 41141 -2 -05
37,587
302 -110 - 1102 - 0340 -149L- 61100- 42200 -2 -05
60
302 -110- 1102 - 0340 -149L- 61100- 42201 -2 -05
5,235
302 - 110 - 1102 - 0340 -149L- 61100- 42202 -2 -05
794
302 - 110 -1102- 0340 -149L- 61100- 42204 -2 -05
2,935
302 -110- 1102- 0340 -149L- 61100- 42205 -2 -05
72
302 - 110 -1102- 0340 -149L- 61100 - 43313 -2 -05
24,860
302-110- 1102 - 0340 - 149L - 61100 - 43343 - 2 - 05
26,520
302- 110- 1102-0340- 149L - 61100 - 45553 - 2 - 05
2,207
302 - 110- 1102 - 0340 -149L- 61100- 46614 -2 -05
3,320
302 -110- 1102 - 0060 -150L- 61100 - 41121 -2 -05
49,368
302 - 110 - 1102 - 0060 -150L- 61100- 41124 -2 -05
19,065
302 - 110- 1102- 0060 -150L- 61100 - 41141 -2 - 05
302 -110- 1102 - 0060 -150L- 61100 - 42200 - 2 -05
302 - 110 -1102- 0060 -150L- 61100- 42201 -2 -05
302- 110 - 1102 - 0060 - 150L - 61100 - 42202 - 2 - 05
302- 110 -1102- 0060 -150L- 61100 - 42204 - 2 -05
302- 110- 1102- 0060 -150L- 61100- 42205 -2 -05
302 - 110- 1102 - 0060 -150L- 61100- 43313 -2 -05
302 -110- 1102 - 0060 -150L- 61100- 43343 -2 -05
302 - 110 -1102- 0060 -150L- 61100 - 45553 -2 -05
302 - 110 - 1102 - 0060 -150L- 61100 - 46614 -2 -05
302 -110- 1102 - 0210 -158L- 61100- 41121 -3 -05
302 - 110- 1102- 0210 -158L- 61100- 41124 -3 -05
Activity Assistants
302 - 110 -1102- 0210 -158L- 61100- 41141 -3 -05
Retiree Health
302 - 110 - 1102 - 0210 -158L- 61100 - 42200 -3 -05
Social Security
302 - 110 -1102- 0210 -158L- 61100 - 42201 - 3 -05
VRS
Medical /Dental
302- 110 - 1102 .0210 - 158L - 61100 - 42202-3-05
302- 110 -1102 - 0210 - 158L - 61100 - 42204 - 3 -05
Group Life
302 -170 -1102- 0210 -i58L- 61100 - 42205 - 3 -05
Professional Contracted Services
302 -110 -1102- 0210 -158L- 61100- 43313 - 3 -05
Professional Transportation
302 - 110-1102 - 0210 - 158L - 61100 - 43343 - 3 - 05
Travel - Meals &Lodging
302- 110 -1102- 0210- 158L- 61100-45553 - 3 - 05
Educational &Recreational
302 - 110 - 1102 - 0210 - 158L - 61100 - 46614 - 3 - OS
Supplies
Teachers
302 - 110 -1102- 0230 -160L- 51100 - 41121 - 3 -05
Program Coordinator /Site
Manager
302 - 110 - 1102 - 0230 -160L- 61100 - 41124 -3 -05
54,102
78
8,512
1,036
4,447
93
20,815
24,000
2,891
5,000
41,940
20,419
40,904
60
7,028
794
2,563
72
28,290
26,910
2,207
3,994
44,880
19,065
Activity Assistants
302 - 110 - 1102 - 0230 -160L- 61100 - 41141 - 3 - 05
$ 4,446
Retiree Health
302.110- 1102 - 0230 -160L- 61100 - 42200 -3 -05
78
Social Security
302_- 110 - 1102 0230 160L- 61100 - 42200 -3 -05
7,821
VRS
302- 110 -1102 0230 -160L- 61100 - 42202 - 3 - 05
'1,036
Medical /Dental
302 -110 -1102- 0230 -160L- 61100- 42204 -3 -05
4,447
Group Life
302 -110 -1102- 0230 -160L- 61100- 42205 -3 -05
93
Professional Contracted Services 302- 110 - 1102-0230- 160L - 61100 - 43313 - 3 -05
39,140
Professional Transportation
302 - 110- 1102 - 0230 - 160L - 61100 - 43343 - 3 -05
19,200
Travel - Meals &Lodging
302- 110 -1102- 0230 -160L- 61100- 45553 -3 -05
2,729
Educational & Recreational
302 - 110 - 1102 - 0230 -160L- 61100 - 46614 -3 -05
4,200
Supplies
Travel Conventions /Education
302- 110-0000 - 0280 - 320K - 61210 - 45554 - 3 - 00
5,320
Travel Conventions /Education
302- 110 - 0000 - 0210 - 320K - 61210 - 45554 - 3 - 00
5,320
Travel Conventions /Education
302- 110 - 0000 - 0450 - 320K - 61210 - 45554 - 3 - 00
5,320
Travel Conventions /Education
302- 110 - 0000 - 0230 - 320K - 61210 - 45554 - 3 - 00
5,320
Travel Conventions /Education
302- 110 - 0000 - 0150 - 320K - 61210 - 45554 - 3 - 00
5,320
Professional Services
302 -110- 0000- 0390 -321L- 61210 - 43381 -3 -00
10,500
Professional Services
302 -110- 0000 - 0400 -321L- 61210- 43381 -3 -00
10,500
Equipment (Security camera
302 -253- 0000- 0000 -375L- 68300- 48821 -9 -00
119,788
system)
Personal Services
302 - 110 - 0000 - 0000 -132L- 61100 - 41121 -3 -01
112,500
Personal Services - Parental
302 - 110 -PINV- 0000 -132L- 61100 - 41121 -3-01
(1,000)
Involvement
Benefits
302 - 110 - 0000 - 0000 -132L- 61210 - 42204 -3 -01
52,360
Benefits - Parental Involvement
302- 110 -PINV- 0000 -132L- 61210- 42204 -3 -01
(164)
Internal Printing - Parental
302- 110 - PINV - 1000 - 132L - 61310 - 44450 - 9 - 01
1,906
Involvement
Indirect Cost
302 - 000 - INDC - 0000 - 132L - 00000 - 62000 - 0 - 00
4,460
Materials & Supplies
302- 110- 0000- 0000 -132L- 61100 - 46613 -2 -01
92,910
Materials & Supplies - Parental
302 - 110 - PINV - 0000 - 132E - 61310 - 46613 - 9 - 00
1,906
Involvement
Technology Hardware Additions
302 - 280 - PASS - 0400 -380L- 68200- 48210 -3 -01
31,520
Revenues
Federal Grant Receipts
302 - 000- 0000- 0300 -123L- 00000 - 38287 -0 -00
$174,479
Federal Grant Receipts
302 - 000 - 0000 - 0150 - 125L - 00000 - 38287 - 0 - 00
166,189
Federal Grant Receipts
302 - 000 - 0000 - 0430 - 127L - 00000 - 38287 - 0 - 00
168,665
Federal Grant Receipts
302 - 000 - 0000 - 0280 - 139L - 00000 - 38287 - 0 - 00
155,707
Federal Grant Receipts
302 - 000 - 0000 - 0420 - 141 L - 00000 - 38287 - 0 - 00
170,945
Federal Grant Receipts
302 - 000 - 0000 - 0350 - 142L - 00000 - 38287 - 0 - 00
170,945
Federal Grant Receipts
302 - 000 - 0000 - 0400 - 143L - 00000 - 38287 - 0 - 00
171,128
Federal Grant Receipts
302 - 000 - 0000 - 0220 - 148L - 00000 - 38287 - 0 - 00
184,810
Federal Grant Receipts
302 - 000 - 0000 - 0340 - 149E - 00000 - 38287 - 0 - 00
145,849
Federal Grant Receipts
302 - 000 - 0000 - 0060 - 150L - 00000 - 38287 - 0 - 00
189,407
Federal Grant Receipts
302 - 000 - 0000 - 0210 - 158L - 00000 - 38287 - 0 - 00
175,181
Federal Grant Receipts
302 - 000 - 0000 - 0230 - 160L - 00000 - 38287 - 0 - 00
177,135
Federal Grant Receipts
302 - 000 - 0000 - 0000 - 132L - 00000 - 38010 - 0 - 00
264,878
State Grant Receipts
302 - 000 - 0000 - 0000 - 320K - 00000 - 32462 - 0 - 00
26,600
State Grant Receipts
302. 000 -0000- 0000 -321L- 00000- 32462 -0 -00
21,000
Slate Grant Receipts
302 - 000 - 0000 - 0000 - 375L - 00000 - 32400 - 0 - 00
95,830
State Grant Receipts
302 - 280 - PASS - 0400 - 380L - 00000 - 32366 - 0 - 00
27,600
Local Match
302 - 000 - 0000 - 0000 - 375L - 00000 - 72000 - 0 - 00
23,958
Local Match
302 - 280 - PASS - 0400 - 380L - 00000 - 72000 - 0 - 00
3,920
Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
j�AATT
jE,Sw,TUJ 1�,, l]n�
41'" t CityC k JV7 �
October 17, 2016
The Honorable Sherman P. Lea, Sr., Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As a result of official School Board action on Tuesday, October 11,
2016, the Board respectfully requests that City Council approve the
following appropriation requests:
New Appropriations
Title IV -B Garden City Community Learning Center 2016 -17
Title IV -B Woodrow Wilson Community Learning Center 2016 -17
Title IV -B Round Hill Community Learning Center 2016 -17
Title IV -B Addison Community Learning Center 2016 -17
Title IV -B Hurt Park Community Learning Center 2016 -17
Title IV -B Westside Community Learning Center 2016 -17
Title IV -B William Fleming Community Learning Center 2016 -17
Title IV -B RAMS Community Learning Center 2016 -17
Title IV -B Lincoln Terrace Community Learning Center 2016 -17
Title IV -B Morningside Community Learning Center 2016 -17
Title IV -B Breckinridge Community Learning Center 2016 -17
Title IV -B Jackson Community Learning Center 2016 -17
GEAR UP Virginia - Summer Leadership Academy 2016 -17
GEAR UP Virginia - Tutor.com 2016 -17
School Security Equipment 2016 -17
Revised Appropriations
Title I, Part A, Improving Basic Programs 2016 -17
e- Learning Backpack Initiative 2016 -17
Award
$174,479.00
$166,189.00
$168,665.00
$155,707.00
$170,945.00
$170,945.00
$171,128.00
$184,810.00
$145,849.00
$189,407.00
$175,181.00
$177,135.00
$26,600.00
$21,000.00
$119,787.50
Additional Award
$264,877.38
$31,520.00
On behalf of the School Board, thank you for your consideration.
Sincerely,
Cindy H. Poulton, Clerk
pc: Dan Callaghan Rita D. Bishop
Chris Morrill Kathleen Jackson
Barbara Dameron Lori Ramey (w /details)
Annette Lewis
ROANOKE CITY
PUBLIC SCHOOLS
School Board
Annette Lewis
Chairman
Lori E. Vaught
Vice Chairman
Mark K. Cathey
William B. Hopkins, Jr.
Laura D. Rottenborn
Lutheria H. Smith
Dick Willis
Dr. Rita D. Bishop
Superintendent
Cindy H. Poulton
Clerk of the Board
mCITY COUNCIL AGENDA REPORT
1W
To: Honorable Mayor and Members of City Council
Meeting: October 17, 2016
Subject: School Board Appropriation Request
Background
As the result of official Roanoke City School Board action at its October 11 , 2016 meeting, the Board
respectfully requested that City Council appropriate funding as outlined in this report.
The 21 st Century Community Learning Center 2016 -17 grant of $2,050,440 supports Garden City
Elementary ($174,479), Woodrow Wilson Elementary ($166,189), Round Hill Elementary $168,665),
Addison Middle ($155,707), Hurt Park Elementary ($170,945), Westside Elementary ($170,945),
William Fleming ($171,128), Roanoke Academy of Math and Science ($184,810), Lincoln Terrace
($145,849), Morningside Elementary ($189,407), Breckinridge Middle ($175,181), and Jackson
Middle ($1 77,1 35) schools in an effort to address the critical attendance, academic, and parental
involvement needs of the school. The program will be fully reimbursed by federal funds and will
end September 30, 2018. This is a continuing program.
The GEAR UP Virginia - Summer Leadership Academy (GUV) 2015-16 grant of $26,600 has accepted
Addison, Breckinridge, Madison, Jackson, and Wilson Middle Schools as participants in the GEAR UP
Virginia (GUV) - Summer Leadership Academy program. GEAR UP Virginia - Summer Leadership
Academy encourages students from diverse backgrounds to identify their leadership skills and
abilities through a variety of activities. The program will be fully reimbursed by state funds and will
end August 31 , 2016.
The GEAR UP Virginia - Tutor.com (GUV) 2016-17 grant of $21 ,000 has accepted William Fleming and
Patrick Henry High Schools as participants in the GEAR UP Virginia (GUV) - Tutor.com program. This
program will help improve the number of students graduating from high school with an Advanced
Diploma. The program will be reimbursed by State funds and will end August 31, 2017.
The School Security Equipment 2016 -17 grant of $119,788 will provide funding to assist sixteen
Roanoke City Public Schools with upgrades to its existing security camera systems. Grant expenses
will be paid on a reimbursement basis out of State funds, and through the 25% required local match.
This program will end June 30, 2017.
The Title 1, Part A, Improving Basic Programs 2016-17 grant increase of $264,877 is based on the
final award allocations made by the Virginia Department of Education. The grant period will end
September 30, 2018. This is a continuing program.
The e- Learning Backpack Initiative 2016-17 grant increase of $31,520 aligns the appropriation with
the final award amount. This additional funding will assist with expanding the Portable Anytime
Student Systems (PASS) laptop initiative to include the ninth grade at William Fleming High School.
The program will end June 30, 2017.
Recommended Action:
We recommend that Council concur with this report of the School Board and adopt the attached
budget ordinance to establish revenue estimates and to appropriate funding as outlined.
a. a • -64, UZ24 /
Barbara A. Dameron
Director of Finance
Distribution: Council Appointed Officers
Rita D. Bishop, Superintendent, RCPS
P. Steve Barnett, Assistant Superintendent for Operations, RCPS
Kathleen M. Jackson, Chief Financial Officer, RCPS
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17" day of October, 2016.
No. 40676-10171_6._
A RESOLUTION paying tribute to The Reverend Dr. William Leroy Lee,
longtime pastor of Loudon Avenue Christian Church; applauding his service to
his community; and expressing the appreciation of our City and its people for his
leadership upon his retirement.
WHEREAS, Dr. Lee received a Bachelor of Science in Special Education
from Virginia State University, with honors (Cum Laude) in 1974, a Master of
Divinity from the Divinity School at Duke University in 1978, and a Doctorate of
Ministry Degree from Ashland Theological Seminary in June 2009;
WHEREAS, Dr. Lee was born the second child of the late Leon and
Thelma Lee of Nuttsville, Virginia; and has been married to the former Dana
Barnes for 43 years, and are the proud parents of two married adult children,
Aaron Michael and Sarah Barnes Williams;
WHEREAS, Dr. Lee has served as the Senior Pastor of Loudon Avenue
Christian Church, one of the more progressive churches in America, for more
than 39 years where he provided inspirational counsel and leadership to his
Church community and throughout our City, serving as the catalyst for many
innovative outreach programs;
WHEREAS, Dr. Lee currently serves as a trustee, director, or in other
leadership positions with several regional and national institutions including the
Lexington Theological Seminary Board, the Black Endowment Fund of the
Christian Church, Duke University Divinity School Board (Board Member
Emeritus), African American Clergy Leadership Development Office, and
Disciples of Christ Pension Fund, BB &T Bank, Healthy Roanoke Valley, and
Virginia Community Healthcare Association;
WHEREAS, Dr. Lee served as Moderator of the Christian Church
(Disciples of Christ) in the United States and Canada; and
WHEREAS, Dr. Lee is the founder of New Horizon Health Care, a
Federally qualified health care center, serves as Chairman of the Board of
Directors; and in 1009, the Board recognized his contributions and leadership by
naming the Center's educational wing The Reverend Dr. William L. Lee
Education Center;
WHEREAS, Dr. Lee has been active in our community, having served on
boards for United Way of the Roanoke Valley, Child Health Investment
Partnership (CHIP), Good Samaritan Hospice, Blue Ridge Behavioral Health,
and Virginia Western Community College Foundation;
WHEREAS, Dr. Lee is a Paul Harris Fellow with the Rotary Foundation
of Rotary International; and received the Emmitt J. Dickson Preaching Award
from the National Convocation Christian Church (Disciples of Christ);
WHEREAS, Dr. Lee received the Disciples of Christ Historical Society
Faithful Servant Award, which recognizes individuals who have given
extraordinary service to the Christian Church in the United States and Canada;
and
WHEREAS, Dr. Lee has served as a member of the City of Roanoke's
Personnel and Employment Practices Commission since 1006, and in 2011, he
was honored by the Roanoke City Council as its Citizen of the Year recipient
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
as Jollows:
1. City Council adopts this Resolution to recognize, acknowledge,
applaud, and thank The Reverend Dr. William Leroy Lee for his many years of
exemplary service and inspirational leadership provided by him to his faith
community and the people of Roanoke.
2. The City Clerk is directed to transmit an attested copy of this
Resolution to Dr. Lee.
1 -!�.
Sherman P. Lea, Sr.
Mayor
Attest: n,
tephamr M. Mom eyn
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of October, 2016.
No. 40677 - 101716.
A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the
Annual Business Meeting of the NLC City Summit (formerly National League of Cities Congress of
Cities and Exposition).
BE IT RESOLVED by the Council of the City of Roanoke as follows:
The Honorable Raphael Ferris, Council Member, is hereby designated Voting
Delegate on behalf of the City of Roanoke, Virginia, for the Business Meeting for the Annual NLC
City Summit to be held on Saturday, November 19, 2016, in Pittsburgh, Pennsylvania.
2. The Honorable William Bestpitch, Council Member, is hereby designated Alternate
Voting Delegate on behalf of the City of Roanoke, Virginia, for the Business Meeting for the Annual
Ni,C City Summit to be held on Saturday, November 19, 2016, in Pittsburgh, Pennsylvania.
3. The City Clerk is directed to take any action required by the NLC with respect to
certification of the City's official Voting Delegate and Alternate Voting Delegate.
ATTEST:
U4. 1 m.rnt,q, o
City Clerk.
G, >t CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S W.
Noel C. Taylor Municipal Building, Suite 456
°Rtrtrvi�% Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
SHERMAN P. LEA, SR. Paz: (540) 853 -1145
Meyar Email: clerk(amanokeva.gov
October 17, 2016
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Lea and Members of Council:
Council Members
William D. Bestpitch
Michelle L. Dykstra
Raphael E. `Ray' Perris
John A. Garland
Anita J. Price
David B. Trinkle
This is to advise you that I will not be present at the 7:00 p.m. session of Council on
Monday, October 17, 2016. Best wishes for a successful meeting.
Sincerely,
P�l�S
An is nc
Vice-Mayor
AJP /ctw
0
STEPHANIE, M. MOON REYNOLDS, MMC
City Clerk
Nada and Mounir Melki
417 Lakeview Drive
Roanoke, Virginia 24012
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Boom 456
Roanoke, Vit Einia 24011 -1536
Tdephone (540)853 -2541
Fns. (540)853 -1145
E -moll: de,'k(p),'annokevn.pov
Dear Ms. Maki and Gentlemen,
October 20, 2016
CECELIA E. MC'(OY
Deputy Clg Clerk
CECELIA T. WEND, CMC
Ma i,UM 1),ul,, CITY ❑ . k
Ernest A. Littlefield
5359 Black Bear Lane, S. W.
Roanoke, Virginia 24018
I am enclosing copy of Ordinance 40678- 101716 permanently vacating, discontinuing
and closing an unused 10 -foot wide alley extending between the western boundary of
Official Tax Map Nos. 2222110, 2222119 and 2222108; and along the eastern boundary
of Official Tax Map No. 2222107, and an unused approximately 5 -foot wide alley
extending from the intersection with 11th Street, N.W., between Official Tax Map Nos.
2222108 and 2222119 to connect with the aforementioned unused 10 foot wide alley;
providing the Treasurer for the City of Roanoke with a certified check or cash for
$3,778.00 as consideration, pursuant to Section 15.2 -2008, Code of Virginia (1950), as
amended, for the vacated rights -of -way.
Furthermore, Ordinance No. 40678 - 101716 requires you to submit to the Subdivision
Agent all required approvals, and to record with the Clerk of the Circuit Court for the City
of Roanoke a subdivision plat; and upon a certified copy Ordinance No. 40678 - 101716
being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, file with
the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating
that such recordation has occurred.
Lastly, if the above conditions have not been met within a period of one year from the
date of the adoption of Ordinance No. 40678- 101716, said ordinance shall be null and
void with no further action by City Council being necessary.
Nada and Mounir Melki
Ernest A. Littlefield
October 20, 2016
Page 2
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, October 17, 2016; and is in full force and effect upon
its passage.
Sincerely,
W-A� �-n. yv� �Lr�
Stephanie M. Moon Reynolds, MIMIC
City Clerk
SMMR:ycs
Enclosure
pc: William Lewis, 14903 Daytona Court, Woodbridge, Virginia 22193
Juan Jimeniez, 7294 Wilson Road, Boones Mill, Virginia 24065
Lowes Homes, LLC, P. O. Box 353, Elliston, Virginia 24087
NND, LLC, 1102 Orange Avenue, N. W., Roanoke, Virginia 24017
Jeffrey A. Ayers, 916 Monticello Avenue, N. E., Roanoke, Virginia 24012
Raron 10 Realty, LLC, P. O. Box 3165, Harrisburg, Pennsylvania 17105
Liberty Investment Corporation, 6893 Campbell Drive, Salem, Virginia 24153
Phil Johns, 2206 Patterson Avenue, S. W., Roanoke, Virginia 24016
The Honorable Brenda Hamilton, Clerk of the Circuit Court
The Honorable Evelyn Powers, City Treasurer
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
Philip Schirmer, City Engineer
Susan Lower, Director of Real Estate Valuation
Tina Carr, Secretary, City Planning Commission
1�
IN I I IF COtIN('Il, OP'i'l lli CITY OP ROANOIU?, VIRGINIA
The 17th day of October, 2016.
No. 40678 - 101716.
AN ORDINANCk permanently vacating, discontinuing and closing two public
rights -of -way in the City of Roanoke, the first of which extends in a southern direction
Gnm its perpendicular intersection with Orange Avenue, N.W., and the second of which
calends in it western direction from its perpendicular intersection with 11 " Street, N.W.,
as more particularly described hereinafter; and dispensing with the second reading of this
ordinance by title.
WIIERIiAS, Nada and Mounir Melki and lame Littlefield tiled an application
with the Council of the City of Roanoke, Virginia ( "City Council "), in accordance with
law, requesting City Council to permanently vacate, discontinue and close certain public
rights -of =way described hereinafter;
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by §30 -14, Code of the City of Roanoke (1979), as amended, and
after having conducted a public hearing on the matter, has made its recommendation to
Council;
WHEREAS, a public hearing was held on such application by City Council on
Octoher 17, 2016, after due and timely notice thereof as required by §30 -14, Code of the
City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens
were afforded an opportunity to be heard on such application;
WHEREAS, it appearing from the foregoing that the land proprietors affected by
the requested closing of the subject public rights -of -way have been properly notified; and
WIIFItHAS, Coin all of the fmcgeing, City Council considers that no
inconvenience will result to any individual or to the public from pernranently vacating,
discontinuing and closing such puhlic rights -ol -wily.
"II Il iI21iPOI2P:, 131', IT ORUAINID by the Council of the City of Roanoke,
Virginia. that the public rights -of -way situate in the City of Roanoke, Virginia, and more
particularly described as follows:
an unused 10 hoot wide alley extending between the western boundary of Offe al
'fax Map Nos. 2222110, 2222119 and 2222108 and along the eastern boundary of
Official Tax Map No. 2222107, and an unused appniximately 5 fool alley
extending 1}onn the intersection with I I lh Street, N.W._ between Official 'fax Map
Nos. 2222108 and 2222119 to correct with the aRxementioned unused 10 foot
wide alley
be, and are hereby permanently vacated, discontinued and closed, and that all right and
interest of the public in and to the same be, and hereby is, released insofar as City
Council is empowered so to do with respect to the closed portion of the rights -o8 -way,
reserving however, to the City of Roanoke and any utility company or public authority,
including, specifically, without limitation, providers to m for the public of cable
television, electricity, natural gas. telephone service, or stonnwatcr, an easement for
sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines,
stmanwater facilities, and related facilities that may now be located in or across such
public rights -of -way, together with the right of ingress and egress for the maintenance or
replacement of such lines, mains or utilities, such right to include the right to remove,
without the payment of compensation or damages of any kind to the owner, any
landscaping, fences, shrubbery, structure or any other encroachments on or over the
easement which impede access for maintenance or replacement purposes at the time such
work is undertaken; such easement or casements to terminate upon the later abandonment
2
of -use or permiincnl IctilmjI ii oil) the uhovc- dcscrihcd puhlic rights- ul =wniy of any such
inmiicipal iaslullatiou or other wilily or fiiclllty by the owner fhmnof.
1114 I I PI IR'fl If%R 01PDAINIM tltat the applicants Shull submit to file Subdivision
Agent, reecive all required approvals ol� and record with the Clerk of the Circuit Court
Ibr 1110 City of Roanoke, a subdivision plat, with such plat combining all properties which
would otherwise dispose of the land within the rights -of- -way to he vacated in a manner
consistent with law, and retaining appropriate casements, together with the right of
ingress and egress over the same, for the installation and maintenance of any and all
existing utilities Thal may he located within lho rights -of -way.
BE I'I PUR1IIEIt ORDAINED that prior to receiving all required approvals of
the subdivision plat rcfecnccd in the previous paragraph, the applicants shall give to the
'treasurer for the City of Roanoke a certified check ca in the amount of three
thousand sewn hundred seventy -eight dollais and no cents ($3,778.00) as consideration
pursuant to Section 15.2 -2008, Code of Virginia (1950), as amended, for the vacated
rights -of -way.
BE IT FURTHER ORDAINED that the applicants shall, upon meeting all other
conditions to the granting of the application, deliver to the Clerk of the Circuit Corot of
the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where
deeds arc recorded in such Clerk's Office, indexing the same in the name of the City of
Roanoke, Virginia, as Gourtat and in the name of the applicants, and the names of any
other parties in interest who may so request, as Grantees, and pay such fees and charges
as are required by the Clerk to effect such recordation.
3
1315 ff FURTIIliR ORDAINFD that the applicants shall, upon a certified copy of
this ordinance being rccordcd by the Clerk Of-the Circuit Court of the City of Roanoke,
Virginia. whore deeds arc rccordcd in such Clorl.'S Office, file with the City Cngineel for
the City of Roanoke, Virginia, the C'lerk's receipt, denonstiafing that such recorclation
hus occuncd.
1315 IT FURTI IFIZ ORDAINFD that if the above conditions have not been nct
Within a period of one year from the date of the adoption of this ordinance, then such
ordinance shall be null and void with no further action by City Council being necessary.
BF ff FINALLY ORDAiNFD that pursuant to the provisions of Section 12 of the
City Charter, the second reading of this ordinance by title is hereby dispensed with.
AT "PEST:
l A
City Clerk,
4
@) CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: October 17, 2016
Subject: Request by Nada and Mounir Melki and Ernie Littlefield to
vacate an unused approximately 10 foot wide alley extending
between the western boundary of Official Tax Nos. 2222110,
2222119 and 2222108 and along the eastern boundary of
Official Tax No. 2222107 and to vacate an unused
approximately 5 foot wide alley extending from the intersection
with 11 th Street N.W. between Official Tax Nos. 2222108 and
2222119 to connect with the aforementioned 10 foot wide alley.
Recommendation:
The Planning Commission held a public hearing on Monday, October 10, 2016.
By a vote of 5 -0, the Commission recommended approval for the vacation of
right -of -way as requested contingent upon the following conditions:
1. The applicants shall submit a subdivision plat to the Agent for the
Planning Commission, receive all required approvals of, and record the
plat with the Clerk of the Circuit Court for the City of Roanoke. Such plat
shall combine all properties which would otherwise dispose of the land
within the right -of -way to be vacated in a manner consistent with law, and
retain appropriate easements for the installation and maintenance of any
and all existing utilities that may be located within the right -of -way,
including the right of ingress and egress. In coordination of the vacation,
the applicants will pay for the value of the right -of -way. The value of the
vacation of the public's right to use the subject right -of -way is $3,778.
2. Upon meeting all conditions to the granting of the application, the
applicants shall deliver a certified copy of this ordinance for recordation
to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same
in the name of the City of Roanoke, Virginia, as Grantor, and in the name
of the petitioner, and the names of any other parties in interest who may
so request, as Grantees. The applicant shall pay such fees and charges as
are required by the Clerk to effect such recordation.
3. Upon recording a certified copy of this ordinance with the Clerk of the
Circuit Court of the City of Roanoke, Virginia, the applicant shall file with
the Engineer for the City of Roanoke, Virginia, the Clerk's receipt,
demonstrating that such recordation has occurred.
4. If the above conditions have not been met within a period of one year
from the date of adoption of this ordinance, then such ordinance shall be
null and void with no further action by City Council being necessary.
Application Information
Re nest:
Alley Vacation
Adjoining
Owner/applicant
Nada and Mounir Melki (NND LLC.) and
Ernie Littlefield
Residential, Vacant
South
CN, Neigh. Comm. & RM -1, Res. Mixed
City Staff Person:
Wayne Leftwich
Site Address /Location:
11th and Orange
Official Tax Nos. of
adjoining ro erties:
2222110, 2222119, 2222107, and 2222108
Site Area:
+/- 2,570 Square Feet
Existing Zoning:
CN, Neighborhood Commercial and MX, Mixed Use
Proposed Zoning:
CN, Neighborhood Commercial and MX, Mixed Use
Existing Land Use:
Commercial and Vacant
Proposed Land Use:
Commercial and Vacant
Neighborhood Plan:
Harrison / Washington Park
Background
The applicants seek to vacate an unused 10 foot wide alley extending behind
the commercial properties located on the southwest corner of 11th Street N.W.
and Orange Avenue intersection and an unused 5 foot wide alley that extends
between the two properties to connect with the aforementioned 10 foot wide
alley segment. Collectively, the joint applicants own all of the parcels adjacent
to the two alleys.
Considerations
The vacated alleys will be purchased from the City for a total cost of $3,778
with ownership transferred to adjacent property owners Ernie Littlefield as legal
owner of parcel numbers 2222110, 720 11th Street N.W., and 2222119, 724
11th Street N.W., and Nada and Mounir Melki as legal owners of adjacent parcel
numbers 2222108, 1102 Orange Avenue N.W., and 2222107, a vacant lot along
Orange Avenue N.W..
Surrounding Zoning and Land Use:
Compliance with the Zoning Ordinance:
The zoning map will not be impacted by the vacation.
Zoning District
Land Use
North
MX, Mixed Use & CN, Neigh. Comm
Residential, Vacant
South
CN, Neigh. Comm. & RM -1, Res. Mixed
Vacant
East
CN, Neighborhood Commercial
Commercial
West
MX, Mixed Use
Vacant
Compliance with the Zoning Ordinance:
The zoning map will not be impacted by the vacation.
Conformity with the Comprehensive Plan and Neighborhood Plan:
The City's Comprehensive Plan states that village centers will be pursued as an
economic development strategy to strengthen neighborhoods and the City's
economy. The Harrison & Washington Park Neighborhood Plan designates a
village center along Eleventh Street between Orange and Centre Avenues. The
areas immediately surrounding the village center are designated for higher -
density residential development. The proposed alley vacation is consistent with
this policy.
The Harrison & Washington Park Neighborhood Plan also calls for identification
of vacant lots to be developed in a manner consistent with the policies of this
plan. The proposed alley vacation is consistent with this policy.
Public Utilities:
Roanoke Gas and Verizon do not oppose the proposed alley vacation
City Department Comments:
Economic Development has no objections to the alley vacation.
The Fire Department stated that it no comments regarding the alley vacation.
Planning Commission Work Session:
None
Public Comments:
None
Kermit Hale, Chair
City Planning Commission
cc: Chris Morrill, City Manager
R. Brian Townsend, Assistant City Manager
Chris Chittum, Director of Planning Building & Development
Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
Nada and Mounir Melki, NND LLC
Ernie Littlefield
r , APPLICATION
STREE3T� ALLEY VACATION
°3NoNdod30
ROANOKE AiI3
91OZ 0 T snv Date: _
To: Office of the City Clerk (13A13038 a'onpl^al Application
Fourth Floor, Noel C. Taylor Municipal Building
215 Church Avenue, S.W. ❑ amended Application
Roanoke, VA 24011 No. —
Phone: (540) 853 -2541 Fax: (540) 853 -1145
All submittals must be typed and Include all required documentation and a check for the tiling tae.
Application is hereby submitted for street or alley vacation for the property located at:
Location and description of street or alley to be closed:
Proposed use of vacated street or alley:
Name of ApplicantlContact Person:
Mailing Address:
(54o); N9 -3oL8
Telephone: (��5� Fax: ( ) E -mail: 121aj.2j2,j (�fYl
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AFFIDAVIT
APPLICANT: Nada and Mounir Melki and Ernie Littlefield
LOCATION: 0 Orange Avenue, N.W., 1102 Orange Avenue, N.W., 720 11`h Street,
N.W., and 72411`" Street, N.W.
Tax Nos. 2222107, 2222108, 2222110, and 2222119
REQUEST: Alley Vacation
COMMONWEALTH OF VIRGINIA )
TO -WIT:
CITY OF ROANOKE )
The affiant, Tina M. Carr, 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
TAI (,
has sent by first -class mail this �� day of �ry�ti . 2016, notices of a
public hearing to be held on this day of 2016, on the
request captioned above to the owner or agent of the parcels as set out on the attached.
�L W. =1
Tina M. Carr
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this
T day of &' d6P,-' , 2016.
DARRYL W. CHILDRESS
NOTARY PUBLIC
COMMONWEALTH OF VIRGINIA
REGISTRATION #7626 65
MY COMMISSION EXPIRES
List of Adjoining Property Owners for 0 Orange Avenue, N.W.
Owner
Address
City
State
Zip
LEWIS WILLIAM
14903 DAYTONA CT
WOODBRIDGE
VA
22193
11MENEZIUAN
7294 WILSON RD
BOONES MILL
VA
24065
LOWES HOMES LLC
PO BOX 353
ELLISTON
VA
24087
NND LLC
1102 ORANGE AVE NW
ROANOKE
VA
24017
MELKI NADE
417 LAKEVIEW DR
ROANOKE
VA
24012
NND LLC
1102 ORANGE AVE NW
ROANOKE
VA
24017
LITTLEFIELD A ERNEST
5359 BLACK BEAR LN SW
ROANOKE
VA
24018
AYERS JEFFREY
916 MONTICELLO AVE NE
ROANOKE
IVA
124012
AYERS JEFFREY
916 MONTICELLO AVE NE
ROANOKE
VA
24012
AYERS IEFFREYA
916 MONTICELLO AVE NE
ROANOKE
VA
24012
LITTLEFI ELD ERNIE 15359
BLACK BEAR LN SW
ROANOKE
IVA
24018 -8729
List of Adjoinging Property Owners for 1102 Orange Avenue, N.W.
Owner
Address
City
State
Zip
JOHNS PHIL ORB EXEC
2206 PATTERSON AVE SW
ROANOKE
VA
24016
RARON 10 REALTY LLC
PO BOX 3165
HARRISBURG
PA
17105
JIMENEZ JUAN
7294 WILSON RD
BOONES MILL
VA
24065
LOWES HOMES LLC
PO BOX 353
ELLISTON
VA
24087
LOWES HOMES LLC
PO BOX 353
ELLISTON
VA
24087
MELKI NADE
417 LAKEVIEW DR
ROANOKE
VA
24012
NND DEC
1102 ORANGE AVE NW
ROANOKE
VA
24017
LITTLEFIELD ERNIE
5359 BLACK BEAR LN SW
IROANOKE
VA
24018 -8729
List of Adjoining Property Owners for 720 11th Street, N.W.
Owner
Address
City
State
Zip
BARON 10 REALTY LLC
PO BOX 3165
HARRISBURG
PA
17105
LIBERTY INVESTMENT CORPORATION
6893 CAMPBELL DR
SALEM
VA
24153
MELKI NADE
417 LAKEVIEW DR
ROANOKE
VA
24012
LITTLEFIELD A ERNEST
5359 BLACK BEAR LN SW
ROANOKE
VA
24018
AYERS JEFFREY
916 MONTICELLO AVE NE
ROANOKE
VA
24012
AYERS JEFFREY
916 MONTICELLO AVE NE
ROANOKE
VA
24012
LITTLEFIELD ERNIE
5359 BLACK BEAR LN SW
ROANOKE
VA
24018 -8729
List of Adjoining Property Owners for 72411th Street, N.W.
Owner
Address
City
State
Zip
RARON 10 REALTY LLC
PO BOX 3165
HARRISBURG
PA
17105
MELKI NADE
417 LAKEVIEW DR
ROANOKE
VA
24012
NND LLC
1102 ORANGE AVE NW
ROANOKE
VA
24017
LITTLEFIELDA ERNEST
5359 BLACK BEAR LN SW
ROANOKE
VA
24018
LITTLEFIELD ERNIE
5359 BLACK BEAR LN SW
ROANOKE
VA
24018 -8729
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
CITY OF ROANOKE -REV
Altn TInaM Cart
215 CHURCH AVF
ROOM 166
ROANOKE VA 24011
Account Numb.'
6011439
Date
October 04, 2016
Dvite
C t g ry
Descrpt on
Ad Size
Total Cost
10I1O12016
Legal Notices
PUBLIC HEARING NOTICE
PUBLIC HEARING NOTICE All I
t x 137 L
1,31944
Publisher of the
Roanoke Times
I, (the undersigned( an authorized representative of the
Roanoke Times, a daily newspaper published in Roanoke, in the
State of Virginia, do certify that the annexed notice PUBLIC
HEARING NOTICE P was published in said newspapers on the
following dates:
09127.1010412016
The First insertion being given _. 09127)2016
Newspaper reference: 0000400097
Ang presenta tive
Sworn to and subscribed before me this Tuesday, October 4, 2016
RECEIVED
otar ubl'
r,
OCT 07 2016
State of Virginia
,•'; Cr "'� `' �^
City/County of Roanoke
CITY OF ROANOKE
My Commission expires
/� , PUOLIC
PLANNING BUILDING 8
' L "
IWy
DEVELOPMENT
COMb'J651UN
_
'. t', -.
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE.
THANK YOIY, "
PUBLIC HEARING NOTICE
PURL I C HEARING NOTICE
All public hearings advertised herein
Will be held in the city Council
Chamber fourth find', Boom 450, Noel
C. Taylor Municipal Building, 215
Church Avenue, S.W.. Roanoke,
l9 Ieipibl
for review n the damping, BUfdug&
Development third, Boom 166, 215
Church Avenue, S.W., Roanoke.
vlrmord,
The City of Roanoke Plannmg
Commission will tom .emir hearings
on October 10. 2016, at 130 p.m., pr as
un thereafter as the matters may be
heard to consider the following
requeets
Application by Nadia and Moore aii
and Ernie Liltlefleld to vacate an
unused Approximatery 10 foot wide
Play egension between the western
boundary of Official Tax Nos. 2222110.
2271119 and 2222109 antl along the
eastern boundary of Official Tax N..
2222102 and to vacate a unused
appr.vimately 5 feet were more
..tender, from the inte....tied with
11th Street N. W., between Offir Tax
NOS. 2122108 and 2222119 to connect
with the aforementioned 10 Per wide
alley.
Application by Fisher Pubertal LLC,
W repeal conditions proffered as part
Of a poveh, ormning at 2701 snit 2202
BfaMWeton Avenue, S.W., bearing
Official Tax Nos. 1650]26 and 1650325.
resperbvely The anmanns .laded
Der... 90386 on ormhe'2P Intel
ompnsed for repral inrlme umhin9
se5 be 0•.1¢11 G, a1m mr,riifind a5
development ppment todrophy wi1M1 A
devel0 plan; .....nog
for pmelrrmlan bslanliter nls lnmdlyt
ps
bending design with ..loin elevallens
for irain parcel and mgmrmp are
of .he driveways shuwn rn the
aevefrpmenf plan exiling on Speswrd
Avenue. SW., In be relocated lu exit o0
Wrombawn Avenue. S.W. The zuring of
the :111 y will remain sooner; sooner; Up,
ri 'feet (MI ) pemlafin91M1U.. lanrluse
categories. esidrmi,g
modahrns and group living'
"nmmerdal. assembly and
lertammenfa.pli ties insOtuboru!and
unity families, traniportatim',
et recd gdtnl hensity d accessory wIm
m density rr ene in, ,,I
enrt per nsop s uare feel nd ml wed
and a omximumsiver area ratio .....
The comprehensive to plan de.ignale5
No' p'npedy err nelgnbrmpoa
nal nsr, but ours nm ...airy
density- The proposed us, of the
pmpetlres remon, sell ce, general or
pmlrsionaL
Tina M. Can, Seeretdry. City Plan L,
Commission
Otr Craned will held p.blly hearings
On the aforesaid requests on October
17 , 2016, at FAO p.m. Or as
thereatter as Poe matters may obe
fourth podi Room 450,uAtel Chamber Taylor
Municipal Rental .215 Church Avenue,
S W., Roanoke Virginia
Any person with A disability requiring
any spatial arLeTOupp tir0 to alteno
Or paniripate In the hearings should
molar( to' Qty Clerk•. ,If,, at (5401
851 -2541 at least five days pro, i, the
soheduled hearing.
Stephanie M moor, Reynolds, MMC,
City Clerk
The City of Roanuko Board of Znning
Appeals will hold public hearings On
October 12, 2016, al 1:00 It Or or as
beon thereafter as the matters may be
ard. to Consider In... applia6ons:
application by Wendt Wagner for
Avenue Y SlW located
ar n9 Off n, s ri No
1050201, zonerl RM -1, Residential
i Trnsrty De rme for a special
Zc+ptlon pursuam to Settle, 361311,
emang, Code Of the City of Roanoke
(19]91, as emended . to establish a
mod"rey
AppLaOUn by The WBliam Wilson
Samuel Buller Reelable Trust for
property loated it 059 ViddwOUd
Road, S.W., bearing'Huai No NO
Family ily D duct, fillI lien al evicepton
pursuant w 5eC1mn a6 -Edit Zoning.
_Ode Of the City Of Reform, (1919, x
amended . to psta0bsn a homii
Tana M Can, Seurvpry City Boaril r'
Zoning Appeal,
4000921
�pu PUBLIC HEARING NOTICE
PUBLIC HEARING NOTICE
All public hearings advertised herein will be held in the City Council Chamber, fourth floor,
Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia.
All applications are available for review in the Planning, Building, & Development office, Room
166, 215 Church Avenue, S.W., Roanoke, Virginia.
The City of Roanoke Planning Commission will hold public hearings on October 10, 2016, at
1:30 p.m., or as soon thereafter as the matters may be heard, to consider the following requests:
Application by Nada and Mounir Melki and Ernie Littlefield to vacate an unused approximately
10 foot wide alley extension between the western boundary of Official Tax Nos. 2222110,
2222119 and 2222108 and along the eastern boundary of Official Tax No. 2222107 and to vacate
an unused approximately 5 foot wide alley extending from the intersection with l V" Street,
N.W., between Official Tax Nos. 2222108 and 2222119 to connect with the aforementioned 10
foot wide alley.
Application by Fisher Properties, LLC, to repeal conditions proffered as part of a previous
rezoning at 2701 and 2707 Brambleton Avenue, S.W., bearing Official Tax Nos. 1650326 and
1650325, respectively. The conditions placed upon the properties by the adoption of Ordinance
28386 on October 20, 1986, proposed for repeal include: limiting uses on parcel G, also
identified as Official Tax No. 1650330, to only those allowed in the RD, Residential Duplex
District; requiring development to be in substantial conformity with a development plan;
requiring development in substantial conformity for construction, materials, and building design
with certain elevations for certain parcels; and requiring one of the driveways shown on the
development plan exiting on Spessard Avenue, S.W., to be relocated to exit on Woodlawn
Avenue, S.W. The zoning of the property will remain Mixed Use District (MX), permitting
these land use categories: residential; accommodations and group living; commercial; assembly
and entertainment; public, institutional and community facilities; transportation; utility;
agricultural; and accessory with a maximum density of one dwelling unit per 2,500 square feet of
lot area and a maximum floor area ratio of 1 0. The comprehensive plan designates the property
for neighborhood commercial use, but does not specify density. The proposed use of the
properties remains office, general or professional.
Tina M. Carr, Secretary, City Planning Commission
City Council will hold public hearings on the aforesaid requests on October 17, 2016, at 7:00
p.m., or as soon thereafter as the matters may be heard, in the City Council Chamber, fourth
floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke,
Virginia.
Any person with a disability requiring any special accommodation to attend or participate in the
hearings should contact the City Clerk's office at (540) 853 -2541 at least five days prior to the
scheduled hearing.
Stephanie M. Moon Reynolds, MMC, City Clerk
The City of Roanoke Board of Zoning Appeals will hold public hearings on October 12, 2016,
at 1:00 p.m., or as soon thereafter as the matters may be heard, to consider these applications:
Application by Wendi Wagner for property located at 2202 Broadway Avenue, S.W., bearing
Official Tax No. 1050701, zoned RM -1, Residential Mixed Density District, for a special
exception pursuant to Section 36.2 -311, Zoning, Code of the City of Roanoke (1979), as
amended, to establish a homestay.
Application by The William Wilson Samuel Butler Revocable Trust for property located at 858
Wildwood Road, S.W., bearing Official Tax No. 1300525, zoned R -12, Residential Single -
Family District, for a special exception pursuant to Section 36.2 -311, Zoning, Code of the City
of Roanoke (1979), as amended, to establish a homestay.
Tina M. Carr, Secretary, City Board of Zoning Appeals
Please publish in newspaper on Tuesday, September 27, 2016, and Tuesday, October 4, 2016.
Please bill and send affidavit of publication to:
Tina M. Carr
Secretary to the Board of Zoning Appeals
Planning, Building & Development
City of Roanoke
Noel C. Taylor Municipal Building
215 Church Avenue, SW, Room 166
Roanoke, VA 24011
540/853 -1330
t i na. c arrC ro anok eva. gov
Please send affidavit of publication to:
Stephanie M. Moon Reynolds, MMC, City Clerk
215 Church Avenue, S.W., Suite 456
Noel C. Taylor Municipal Building
Roanoke, Virginia 24011 -1536
540/853 -2541
October 6, 2016 CECELIAT. WEBR,CMC
M1W.n[ Deputy Clly Clerk
Nada and Mounir Melki Ernest A. Littlefield
417 Lakeview Drive 5359 Black Bear Lane, S. W,
Roanoke, Virginia 24012 Roanoke, Virginia 24018
Dear Ms. Melki and Gentlemen:
A public hearing has been advertised to be heard by the City Planning Commission
on Monday, October 10, 2016 at 1:30 p.m., in the Council Chamber, Fourth Floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request by
Nada and Mounir Melki and Ernie Littlefield to vacate an unused approximately 10 -foot
wide alley extension between the western boundary, designated as Official Tax Map
Nos. 2222110, 2222119 and 2222108; and along the eastern boundary, designated as
Official Tax Map No. 2222107; and an unused approximately 5 -foot wide alley
extending from the intersection with II1h Street, N.W., between Official Tax Map Nos.
2222108 and 2222119 to connect with the aforementioned 10 -foot wide alley.
Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be
held on Monday, October 17, 2016 at 7:00 p.m. before the Roanoke City Council in
the Council Chamber, depending upon formal action taken by the City Planning
Commission on Monday, October 10, 2016. Action taken by the City Planning
Commission may be viewed on the City's webpage, www roanokeva oov, under
"Roanoke Planning Commission News"
If you have questions regarding the Planning Commission public hearing, please
contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730.
Questions regarding the City Council public hearing may be directed to the City Clerk's
Office at (540) 853 -2541.
S. i`in,ceeerreely
ho Stephanie M. Moon Reynolds, MC ��
City Clerk
Enclosure
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, & W., Room 456
Roanoke, Virginia 24011 -1536
'Telephone. (540)953 -2591
fan (540)953 -1145
. STk :fIIANILM.M(IONIZEVNOI,DS,MMC
('It, Clerk
F-mnil: elerkOrnnnnkcvn.gov
CEC ELIA R MC'C'OY
Depnly ('it, Clerk
October 6, 2016 CECELIAT. WEBR,CMC
M1W.n[ Deputy Clly Clerk
Nada and Mounir Melki Ernest A. Littlefield
417 Lakeview Drive 5359 Black Bear Lane, S. W,
Roanoke, Virginia 24012 Roanoke, Virginia 24018
Dear Ms. Melki and Gentlemen:
A public hearing has been advertised to be heard by the City Planning Commission
on Monday, October 10, 2016 at 1:30 p.m., in the Council Chamber, Fourth Floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request by
Nada and Mounir Melki and Ernie Littlefield to vacate an unused approximately 10 -foot
wide alley extension between the western boundary, designated as Official Tax Map
Nos. 2222110, 2222119 and 2222108; and along the eastern boundary, designated as
Official Tax Map No. 2222107; and an unused approximately 5 -foot wide alley
extending from the intersection with II1h Street, N.W., between Official Tax Map Nos.
2222108 and 2222119 to connect with the aforementioned 10 -foot wide alley.
Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be
held on Monday, October 17, 2016 at 7:00 p.m. before the Roanoke City Council in
the Council Chamber, depending upon formal action taken by the City Planning
Commission on Monday, October 10, 2016. Action taken by the City Planning
Commission may be viewed on the City's webpage, www roanokeva oov, under
"Roanoke Planning Commission News"
If you have questions regarding the Planning Commission public hearing, please
contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730.
Questions regarding the City Council public hearing may be directed to the City Clerk's
Office at (540) 853 -2541.
S. i`in,ceeerreely
ho Stephanie M. Moon Reynolds, MC ��
City Clerk
Enclosure
Interested Party and /or Adjoining Property Owners
Dear Ladies and Gentlemen:
A public hearing has been advertised to be heard by the City Planning Commission
on Monday, October 10, 2016 at 1:30 p.m., in the Council Chamber, Fourth Floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request by
Nada and Mounir Melki and Ernie Littlefield to vacate an unused approximately 10 -foot
wide alley extension between the western boundary, designated as Official Tax Map
Nos. 2222110, 2222119 and 2222108; and along the eastern boundary, designated as
Official Tax Map No. 2222107; and an unused approximately 5 -foot wide alley
extending from the intersection with IIl" Street, N.W., between Official Tax Map Nos.
2222108 and 2222119 to connect with the aforementioned 10 -foot wide alley.
Also, pursuant to provision of Resolution No. 25523 adopted by the Council of City of
Roanoke on Monday, April 6, 1981, a public hearing regarding the abovementioned
matter has been scheduled to be heard before the Roanoke City Council on Monday,
October 17. 2016 at 7:00 P.m., in the Council Chamber, pending formal action by the
City Planning Commission. Action taken by the City Planning Commission may be
viewed on the City's webpage, www roanokeva aov, under "Roanoke Planning
Commission News ".
This letter is provided for your information as an interested party and /or adjoining
property owner. If you have questions regarding the Planning Commission public
hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540)
853 -1730.
Questions regarding the City Council public hearing may be directed to the City Clerk's
Office at (540) 853 -2541.
Sincerely,
t glo
Stephanie M. Moon Rey s, MM
City Clerk
Enclosure
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
2IS Chinch Avenue, S. W., Room 456
Roanoke, Virgiuln 24011 -1536
Tempepne: (540)853-2541
Fa.e: (5411)85}1145
k'I EPDANIE M. MOON REYNOLDS, MM('
E -mail: vlcrk(n!rp:umkcnt.gpv
C F.C'E12A F. MC'C'OV
Cilp Clerk
Deputy City Clerk
October 6, 2016
CECELIAT.WEBB,CM('
Assistant Deputy City Clerk
Interested Party and /or Adjoining Property Owners
Dear Ladies and Gentlemen:
A public hearing has been advertised to be heard by the City Planning Commission
on Monday, October 10, 2016 at 1:30 p.m., in the Council Chamber, Fourth Floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request by
Nada and Mounir Melki and Ernie Littlefield to vacate an unused approximately 10 -foot
wide alley extension between the western boundary, designated as Official Tax Map
Nos. 2222110, 2222119 and 2222108; and along the eastern boundary, designated as
Official Tax Map No. 2222107; and an unused approximately 5 -foot wide alley
extending from the intersection with IIl" Street, N.W., between Official Tax Map Nos.
2222108 and 2222119 to connect with the aforementioned 10 -foot wide alley.
Also, pursuant to provision of Resolution No. 25523 adopted by the Council of City of
Roanoke on Monday, April 6, 1981, a public hearing regarding the abovementioned
matter has been scheduled to be heard before the Roanoke City Council on Monday,
October 17. 2016 at 7:00 P.m., in the Council Chamber, pending formal action by the
City Planning Commission. Action taken by the City Planning Commission may be
viewed on the City's webpage, www roanokeva aov, under "Roanoke Planning
Commission News ".
This letter is provided for your information as an interested party and /or adjoining
property owner. If you have questions regarding the Planning Commission public
hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540)
853 -1730.
Questions regarding the City Council public hearing may be directed to the City Clerk's
Office at (540) 853 -2541.
Sincerely,
t glo
Stephanie M. Moon Rey s, MM
City Clerk
Enclosure
Interested Party and /or Adjoining Property Owners
October 6, 2016
Page 2
William Lewis, 14903 Daytona Court, Woodbridge, Virginia 22193
Juan Jimeniez, 7294 Wilson Road, Boones Mill, Virginia 24065
Lowes Homes, LLC, P. O. Box 353, Elliston, Virginia 24087
NND, LLC, 1102 Orange Avenue, N. W., Roanoke, Virginia 24017
Jeffrey A. Ayers, 916 Monticello Avenue, N. E., Roanoke, Virginia 24012
Raron 10 Realty, LLC, P. O. Box 3165, Harrisburg, Pennsylvania 17105
Liberty Investment Corporation, 6893 Campbell Drive, Salem, Virginia 24153
Phil Johns, 2206 Patterson Avenue, S. W., Roanoke, Virginia 24016
c? CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 ('hm'ch Avenue, S. W., Roam 456
Ronnokr, Virginia 74011 -1546
'telephone: (5411)859 -2541
Fnv: (541)) 853 -1145
STEPHANIE M. MOON REYNOLDS, MM(' E- innll: deik(umonnokevn.gov [' E('ELIA F. MCCOY
City Clerk Depnty City Clerk
October 20, 2016
Jeffrey R. Wood, AIA — Architect
Rife +Wood Architects
1326 Grandin Road, S. W.
Roanoke, Virginia 24015
Dear Mr. Wood:
CECELIA 1. W ERD, C'MC
AW,hmt Oepnly City Clerk
I am enclosing copy of Ordinance No. 40679 - 101716 to repeal proffered conditions
presently binding on certain properties located at 2701 and 2707 Brambleton Avenue,
S.W., designated as Official Tax Map Nos. 1650326 and1650325, respectively,
pursuant to Ordinance No. 28368 adopted by the Roanoke City Council on October 20,
1986, and to be zoned as MX, Mixed Use District, without proffers, as set forth in the
Zoning Amendment Application dated August 25, 2016.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, October 17, 2016; and is in full force and effect upon
its passage.
Stephanie M. Moon Reynolds, MMC a
City Clerk
SMMR:ycs
Enclosure
Jeffrey R. Wood, AIA — Architect
October 20, 2016
Page 2
PC: Fisher Properties LLC, c/o C. J. King, 2707 Brambleton Avenue, S. W., Roanoke,
Virginia 24015
Grandin Court Baptist Church, 2660 Brambleton Avenue, S.W., Roanoke,
Virginia 24015
H R Group, LLC, 3237 Woodlawn Avenue, S.W., Roanoke, Virginia 24015
Donald J. Stefl, 3318 One Oak Road, Roanoke, Virginia 24018
The Copper Top, LLC, 5972 Roselawn Road, S. W., Roanoke, Virginia 24018
Tommy Joe Williams and Kathy A. Williams, 2721 Brambleton Avenue, S. W.,
Roanoke, Virginia 24015
J & D Investment Properties, LLC, 2715 Brambleton Avenue, S.W., Roanoke,
Virginia 24015
Matthew C. Morris, 2802 Brambleton Avenue, S. W., Roanoke, Virginia
24015
Allan, LLC, 11505 Bottom Creek Road, Bent Mountain, Virginia 24059
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
Philip Schirmer, City Engineer
Susan Lower, Director of Real Estate Valuation
Tina Carr, Secretary, City Planning Commission
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of October, 201.6.
No.40679- 101716.
AN ORDINANCE to rezone certain properties located at 2701 and 2707
Brambleton Avenue, S.W., by repeal i ng pro 1 feted conditions presently binding upon such
properties; and dispensing with the second reading of this ordinance by title.
WHEREAS, C. J. King on behalf of Fisher Properties, L,LC, has made application
to the Council of the City of Roanoke, Virginia ( "City Council "), to repeal conditions
presently binding certain properties located at 2701 and 2707 Bramblemn Avenue, S.W.,
being designated as Official Tax Map Nos. 1650326 andl650325, respectively, which
property is zoned MX, Mixed Use District, with proffers, such proffers being accepted by
the adoption of Ordinance No. 28368, on October 20, 1986;
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended,
and after conducting a public bearing on the matter, has made its recommendation to
Council;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on October 17, 2016, after due and timely notice thereof as required by §36.2-
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 amendment; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to this Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, finds that the public
necessity, convcnicnce, general welfare said good zoning practice, require the repeal of
the proffers applicahle to the subject property, and is of the opinion that the conditions
conditions presently binding cer fain properties located at 2701 and 2707 Brambleton
AVemle, S.W., bring designated as Official Tax Map Nos. 1650326 and1650325,
resp2cttvc1y, Should be repealed as requested, and that such property be zoned MX,
Mixed Use District, without proffers, as set forth in the Zoning Amendment Application
dated August 25, 2016.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect the repeal of the proffered conditions as requested in the
Zoning Amendment Application dated August 25, 2016, so that the subject property is
zoned MX, Mixed Use District, with no proffers.
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk ' U
repeal pmrka 2701 and 2707 Biwnblo,,1oe
0 CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: October 17, 2016
Subject: Application by Fisher Properties, LLC to repeal conditions proffered
as part of a previous rezoning at 2701 and 2707 Brambleton
Avenue, S.W., bearing Official Tax Nos. 1650326 and 1650325,
respectively.
Recommendation
The Planning Commission held a public hearing on Monday, October 10, 2016.
By a vote of 5 - 0, the Commission recommended approval of the rezoning
request, finding that the Original Application is consistent with the City's
Comprehensive Plan, Grandin Court Neighborhood Plan, and Zoning Ordinance
as the repeal of all of the existing proffered conditions will allow the property
to be used in manner appropriate to the surrounding area.
Application Information
Request
Amendment of Proffered Conditions
Owner:
Fisher Properties LLC
Applicant:
Same as above
Authorized Agent:
Jeffrey Wood, Rife + Wood Architects
City Staff Person:
Katharine Gray, Land Use and Urban Design Planner
Site Address /Location:
2701 and 2707 Brambleton Avenue, S.W.
Official Tax Nos.:
1650326 and 1650325, respectively
Site Area:
Approximately 0.9755 acres
Existing Zoning
MX, Mixed Use District, with conditions
Proposed Zoning:
MX, Mixed Use District
Existing Land Use:
office, general or professional
Proposed Land Use:
office, general or professional
Neighborhood Plan:
Grandin Court Neighborhood Plan
Specified Future Land Use:
Neighborhood Commercial
Filing Date:
Original Application: August 25, 2016
Background
In 1986, property at the intersection of Brambleton Avenue, S.W., and Spring
Road, S.W., including the properties at 2701 and 2707 Brambleton Avenue, S.W,
was rezoned from RS -3, Residential Single Family District, to C -1, Office District,
with conditions. The purpose of rezoning was to allow construction of new
office buildings on several parcels, including the two parcels that are the
subject of this request. At that time, the entire area was zoned RS -3,
Residential Single Family District, and RS -2, Residential Single Family District,
with C -1, Office District, and C -2, General Commercial District, just to the
southwest along Brambleton Avenue. The conditions were proffered at the time
to ensure the development would be in keeping with the scale and character of
the transitional area between office and residential uses.
As part of the comprehensive rezoning in 2005, the surrounding properties
were rezoned to commercial neighborhood, mixed use, and institutional
districts. The current zoning ordinance includes development standards to
address design criteria such as: facade transparency, entrance placement, etc.
that were not in place at the time of the 1986 rezoning. In the 2005
Comprehensive Rezoning, the base district of the subject properties was
changed to MX, Mixed Use District; however, the proffered conditions remain.
In July of 2016, the applicant met with staff regarding the desire to connect two
buildings on the parcels to form one large building. The desired change did not
conform with the proffered conditions on the parcels and was not approvable.
In August of 2016, the applicant filed an application to repeal the proffered
conditions for the subject properties.
Proffered Conditions
The Applicant hereby requests that the following proffered conditions accepted
by the adoption of Ordinance No. 28386, dated October 20, 1986, be repealed
as they pertain to properties located at 2701 and 2707 Brambleton Avenue,
S.W., bearing Official Tax Nos. 1650326 and 1650325, respectively.
1 . Only those uses permitted by right in a RD, Residential Duplex District
shall be permitted on Parcel G on the Preliminary Development Plan
dated August 12, 1986, attached hereto as Exhibit B.
2. Development of the subject property shall be in general conformance
with the Preliminary Development Plan subject to any changes that
may be required by the City Engineer during site plan review.
3. Construction, building materials, and building design for Parcels A,
B, & C of the Development Plan shall be in substantial conformance
with the "Typical Elevations" attached hereto as Exhibit C.
And the additional condition accepted at City Council by the adoption
of the Ordinance 28386:
4. The driveway shown as exiting on Spessard Avenue, S. W., on
petitioner's Exhibit B attached to the amended Petition to Rezone
shall be relocated through Parcel C to exit on Woodlawn Avenue,
S.W., and the proffered site plan shall be amended accordingly.
Considerations
The two properties are part of an office park development that contains general
and professional offices. The proposal to repeal of the proffered conditions
only affects two of the seven parcels within the office park.
Surrounding Zoning and Land Use:
Compliance with the Zoning Ordinance:
The purpose of the MX District is to accommodate residential uses, office uses,
and support services within the same district. The intent of the district is that
no retail sales uses be permitted and that the district facilitates a harmonious
mixture of office and residential uses. The regulations of the district are
intended to protect the character and scale of such a mixed -use development
pattern by permitting low- intensity development at a scale that recognizes and
respects residential patterns of development.
The general appearance of the parcels is proposed to remain the same with the
only change being a connection between the two existing buildings.
Development is not allowed that crosses parcel lines; therefore, the applicant
will have to combine the parcels in order to proceed with the connection as
Zoning District
Land Use
North
MX, Mixed Use District, with
General or professional office
conditions; and CN, Commercial-
and studio /multimedia
Neighborhood District
production facility
South
MX, Mixed Use District, with
General or professional office,
conditions; and CN, Commercial-
medical clinic, and single-
Neighborhood District
family dwelling
East
_
MX, Mixed Use District, and IN,
Off -site parking and place of
Institutional District
worship
West
MX, Mixed Use District, with
General or professional office
conditions
Compliance with the Zoning Ordinance:
The purpose of the MX District is to accommodate residential uses, office uses,
and support services within the same district. The intent of the district is that
no retail sales uses be permitted and that the district facilitates a harmonious
mixture of office and residential uses. The regulations of the district are
intended to protect the character and scale of such a mixed -use development
pattern by permitting low- intensity development at a scale that recognizes and
respects residential patterns of development.
The general appearance of the parcels is proposed to remain the same with the
only change being a connection between the two existing buildings.
Development is not allowed that crosses parcel lines; therefore, the applicant
will have to combine the parcels in order to proceed with the connection as
proposed. The connection as proposed is allowed as it meets the exemption of
an addition less than 20% in size of the existing footprints of the principal
buildings. However, additions to the building over 20% of the existing
buildings footprints would be required to meet the maximum front yard
requirements of Table 205 -2. Such expansion would be difficult with the
existing shared driveways and parking areas that are part of the overall office
park.
Conformity with the Comprehensive Plan and Neighborhood Plan:
Both Vision 2001 -2020 and the Grandin Court Neighborhood Plan specify this
particular area along Brambleton Avenue SW as a potential and existing village
center for the community. Relevant policies and action items in the plan
include:
Relevant Vision 2001 -2020 policies:
Housing and Neighborhoods - 3.1 .1 Housing and Neighborhoods Map
The map depicts the area along Brambleton as an existing and
potential village center.
NH P2. Neighborhoods as villages. Neighborhoods will function as villages,
offering opportunities to live, work, shop, play, and interact in a
neighborhood setting. Neighborhood- oriented commercial activity
will be encouraged in well- defined village centers.
NH P3. Neighborhood Plans. The City will adopt neighborhood plans for
all neighborhoods. Neighborhood plans will address land use,
zoning, transportation, infrastructure, neighborhood services, and
the development of village centers and recognize those
neighborhoods with architectural and historic value, among other
issues. (excerpt)
ED P6. Commercial development. Roanoke will encourage commercial
development in appropriate areas (i.e., key intersections and
centers) of Roanoke to serve the needs of citizens and visitors.
The repeal of conditions will allow for development that reflects the commercial
neighborhood center use appropriate along this portion of Brambleton Avenue.
The Grandin Court Neighborhood Plan recognizes the areas along the western
portion of Brambleton Avenue as a commercial gateway into the City of
Roanoke. The application of office and neighborhood commercial zoning
districts as a means to create the distinct character is distinctly called out for
this area. These lower intensity commercial and mixed use areas reflect the
combined pedestrian and vehicular nature of village centers found within
residential neighborhoods.
Community Design Policy
Village Center development will be encouraged along the western
segment of Brambleton Avenue and at the intersection of Grandin
Road and Guilford Avenue. Village centers should be dense,
compact in size, and identifiable. Uses in village centers should
generally be neighborhood- oriented commercial, but should also
contain some businesses that serve a larger market
Economic Development Policy:
Support development of compact village centers in Grandin Court
and encourage appropriate development in them. Most businesses
will be neighborhood serving, but village centers will ideally contain
some larger- market businesses. These commercial areas should not
expand beyond their current boundaries.
The proposed repeal of the proffered conditions allows for the expansion of the
buildings to accommodate current business needs and is consistent with the
land use identified in the current neighborhood plan.
Public Comment Summary
None
Plannino Commission Work Session (Seotember 9. 2016
The item was discussed in the Planning Commission Work Session for
compliance with City policy and ordinances. No comments for the applicant
resulted from the review of the proposed rezoning.
Conclusions and Recommendations:
The Grandin Court Neighborhood Plan, adopted by City Council in January of
2005, specified this area as a village center area. The comprehensive rezoning
of the City in December 2005 changed the zoning of the properties adjacent to
the office park along Brambleton Avenue, S.W., and Spring Road, S.W., from
residential single family districts to various multiple purpose districts (MX,
Mixed Use District, CN, Commercial- Neighborhood District; and IN, Institutional
District) to reflect the designation of this area as a village center in the
neighborhood plan. There are no conditions on these adjoining properties. At
the same time, the current zoning ordinance has more specific development
standards addressing design criteria reflective of the character of each district
than those in effect in 1986.
Based on the overall changes in zoning in the area to reflect the comprehensive
and neighborhood plan and the more specific development standards in the
current zoning ordinance, the repeal of all of the existing conditions is
reasonable and appropriate to allow for the use of the properties as regulated
by the development standards in the base MX zoning district.
Planning Commission Public Hearing (August 8 2016):
None
KJ�O't N
Kermit Hale, Chair tilc-
City Planning Commission
cc: Chris Morrill, City Manager
R. Brian Townsend, Assistant City Manager
Chris Chittum, Director of Planning Building & Development
Ian D. Shaw, Planning Commission Agent
Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
C.J. King, Fisher Properties LLC
Jeffrey Wood, Rife + Wood Architects
ing Amendment
VIP
Department of Planning, Building and Development AUG 25 2016 ROANOKE
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, S.W. CITY OF ROANOKE
Roanoke, Virginia 24011 PLANNING BUILDING B Click Here to Pdnt
Phone: (540) 853 -1730 Fax: (540) 853 -1230 DEVELOPMENT
Date: August 25, 2016 Submittal Number: On,Jit131
4willm"t "Si all NMI appw,
❑ Rezoning, Not Otherwise Listed
❑ Rezoning, Conditional
❑ Rezoning to Planned Unit Development
❑ Establishment of Comprehensive Sign Overlay District
Ervii Ilroomaatfon: !.
❑
x Amendment of Proffered Conditions
❑ Amendment of Planned Unit Development Plan
❑ Amendment of Comprehensive Sign Overlay District
Address: 2701 Brambleton Avenue, SW and 2707 Brambleton Avenue, S.W. Roanoke VA 25015
Official Tax No(s).: I Tax # 1650326 and Tax # 1650325
Existing Base Zoning: MX (c) ❑x With Conditions
(If multiple zones, please manually enter all districts.) F1 Without Conditions
Ordinance No(s). for Existing Conditions (If applicable): Ordinance It 28386
❑ With Conditions Proposed
Requested Zoning: MX Business - Offce
[R) Without Conditions Land Use:
CEO"* liallikiiiiiiiii
Name: Fisher Properties EC CJ. King Phone Number: 5407760971
Add bleb n Ave W. Roanoke, VA 24015 E -Mail: 0king @king- shorescpas.com
Property Owner's Signature:
jdryrl� &i1�Ia�dYUiLaklOn. /Nsd�gy`+ "' 0 Qd_420tf�ie
Name: Phone Number:
Address: E -Mail: F
Applicants Signature:
Name: Jeffrey R. Wood ALA Architect / Authorized Agent Phone Number: 5403446015
Address: 13f G a in d, tW. Roanoke, VA 24015 �I
E -Mail: 'eff @rifewood.com
AuthonlAg S gnature.
> -W 0 0-00"
f4 I"
_
%a milowlialf mM be submitted for all applications: ROA N O K E
r Completed application form and checklist.
K Written narrative explaining the reason for the request.
F Metes and bounds description, if applicable.
r Filing fee. 5 ubmdlod July 29
por a retoning, not afiuerwlse listed, the following must aloe be submlllodl
r- Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures.
For a aandklwW rezoning, the following must aloe be sulsmltteak
r Written proffers. See the City's Guide to Proffered Conditions.
r Concept plan meeting the Application Requirements of item '2(c)'in Zoning Amendment Procedures. Please label as
development plan' if proffered.
Far a planned unit development, the following must also be subrO
F- Development plan meeting the requirements of Section 36.2326 of the City's Zoning Ordinance.
For a sempilblti!sra ve sign overlay district the following must he submid i°
F Comprehensive signage plan meeting the requirements of Section 36.2336(d)(2) of the City's Zoning Ordinance.
for an amendment of proffered conditions, the following must also be submif0.ed:
r Amended development or concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures,
if applicable.
Ix Written proffers to be amended. See the City's Guide to Proffered Conditions.
IR Copy of previously adopted Ordinance.
!For a planned unk development amendment, the following must also be subrnittedi
r Amended development plan meeting the requirements of Section 36.2326 of the Citys Zoning Ordinance.
r- Copy of previously adopted Ordinance.
;For a comprehensive sign overlay amendment, the following must also be sobrnifi
r Amended comprehensive signage plan meeting the requirements of Section 36.2-336(d) of the City's Zoning Ordinance.
r Copy of previously adopted Ordinance.
For a proposal that requires a UafYic Impact sludyrba submitted to the Cay, the following must also be submitted:
F- Traffic Impact Study in compliance with Appendix B -2(e) of the City's Zoning Ordinance.
For a propose that requires a traffic lmPact,analysis be submitted to t3U0T,thefollowing must also be submitted: 5
r- cover sheet.
f— Traffic impact anatysis.
r Concept plan.
F- Proffered conditions,1' applicable.
F- Required fee.
'An electronic copy of this application and checklist can be found at www.roanokeva.govlphd by selachng'Planning Commission' under
'Boards and Commissions'. A complete packet must be submitted each time an application is amended, unless otherwise specified by
staff.
August 25, 2016
2701 Brambleton Ave SW & 2707 Brambleton Ave, SW
Request for to Repeal Proffered Conditions of Ordinance #28386
as they pertain to
Official Tax No. 1650326 / 2701 Brambleton Ave, SW
and
Official Tax No. 1650325 / 2707 Brambleton Ave, SW
Background information:
The subject properties were created as part of a re- zoning and commercial sub - division in 1986
by the action of Roanoke City Ordinance #28386 on October 20, 1986. This Ordinance changed
the existing residential zoning from Residential RS -3 to Commercial C -1 and allowed the creation
of anew office park with 7 individual parcels. Proffers, in the form of Architectural Development
standards and Development Plan for "Bramblewood Park (# 8627 – August 18, 1986) were
incorporated by reference into this Zoning action.
The Development Plan illustrates a preliminary parcel configuration, with 7 parcels, shared
parking & parking entrances. A maximum building size has been proffered for each parcel:
• Tax No. 1650326 / 2701 Brambleton Avenue, SW 6,900 sq. ft. maximum building size
• Tax No. 1650325 / 2707 Brambleton Avenue, SW 8,600 sq. ft. maximum building size
Since that time, the office park subdivision has been completed –each parcel contains one or
two -story "Colonial Revival style" buildings in general conformance with the proffered conditions.
Bramblewood Park was developed with a pattern of shared parking, curb and gutter, continuous
sidewalks and uniform frontages. The park also includes underground utilities, multiple
easements and a shared storm water detention facility located on the 2701 parcel. Existing trees
are mature and enhance the residential scale and character of the sub - division
In 2005 the City of Roanoke rezoned the sub - division from C -1 to MX(c) as part of the
comprehensive overhaul of the City Zoning Ordinance and Official Zoning Map, City of Roanoke,
Virginia (December 5, 2005). The subject parcels are now MX(c) and are surrounded by zoning
districts MX (c), IN (Church) and CN. Current and proposed building use is for business offices –
and is permitted in this MX district.
The 2707 Brambleton Ave is a two -story single tenant office building (Certified Public
Accountants) of approximately 5,000 sq.ft – patterned after George Wythe house in Colonial
Williamsburg; 2701 Brambleton Ave is a brick two story multi- tenant office building with a total
area of 3,100.
By this application the property owner requests removal of proffers from the two subject
properties only — notably the building size limitations and the size / configuration of the
current parcel sub - division that are included by reference in the proffered Development Site
Plan (August 18, 1986).
Goals and Purpose:
The new Owner of 2701 has purchased this property in order to accommodate the growing staff
of his accounting firm —King Shores & Preston located at 2707 Brambleton Ave. S.W. his
desirable for staff and work teams to move and communicate easily with one another - staff
activities could be enhanced if the two buildings could be physically and artfully "connected."
This connection design could take several forms such as:
1) small "infill" conference room or breakroom,
2) connecting breezeway or enclosed sun space corridor
3) new covered entry doorways and shared outdoor patio or garden.
These ideas and the attached sketches are conceptual at this time and are not offered as
alternate proffers. New construction will be dependent on finances, staff needs and the
outcome of this application.
A meeting was held at the Municipal Building on July 11, 2016 and attended by Architect (Jeffrey
Wood AIA— Rife +Wood Architects), City Planning Staff (Katharine Gray), the Civil Engineer &
Surveyor (Sheldon Bower, PE) and the Owner (Mr. C.1. King). It was concluded that physical
connection of the two structures would, in effect, create a single building with a combined area
larger than the size limits proffered by the 1986 Development Plan. City Zoning regulations do
not allow a single building to cross a property line —so any connecting structure would require
removal of the existing shared property line — also not allowed by the proffered Development
plan.
It is our wish to remove the proffered conditions contained in the ordinance from the two subject
parcels - specifically the Development Plan (building size and lot configuration) and the "Typical
Elevations" and building standards. Proffers will remain in place for the other parcels in the sub-
division per the 1986 Ordinance.
We propose that the repeal of these proffers is in keeping with the Vision 2020 Comprehensive
Plan and Grandin Court Neighborhood Plan —It responds in a practical way to the evolution and
growth of this commercial district. The project vision for a small scale "link" between two
existing colonial style office buildings will maintain the scale and street pattern of the
neighborhood — the materials and placement will be secondary to the existing two facades and
will be akin to a "necessary" of the colonial era.
The proposed changes (removal of proffers) are consistent with the Vision 2020— Comprehensive
Plan and the Grandin Court Neighborhood Plan.
• The building use (professional offices) and occupancy will be un- changed and remain
consistent with the Commercial / Industrial uses of the Land Use Plan
• Traffic is unchanged with no increase to occupant load of buildings
• Zoning will remain MX, with conditions (c) repealed
• No additional burden to utilities or municipal services.
• By virtue of this re- zoning (removal of proffers) the building owner will be able to retain
and expand his existing professional services in this neighborhood.
• This Colonial - Revival sub - division is described as an "anchor" and "a gateway" to the
Brambleton Avenue commercial corridor —this rezoning will continue and support this
aspect.
We understand that future construction must comply with current building code, Building and
Zoning Department regulations and procedures.
Attachments:
Agent for Applicant
tel 540- 344 -6015
fax 540- 344 -5982 e-mail L @rifewood.com
• City Council Approved Ordinance N. 28386 —Oct 20, 1986
• Development Plan —Bramblewood Park" # 8627 — dated August 18, 1986
• Typical Elevations —Bramblewood Park #8627 — dated August 18, 2016
• Proposed Design Criteria for Buildings at Bramblewood —dated 27 August 1986
• Subdivision Plat —Bramblewood Park —April 15, 1987
• City G IS Summary Report for tax parcel 1650325 (with aerial ph oto)
• Concept D — Street View. Connecting Structure — and Photograph
3
nd summary by:
AIA -
4Appliat
rchitect
Road
24015
Attachments:
Agent for Applicant
tel 540- 344 -6015
fax 540- 344 -5982 e-mail L @rifewood.com
• City Council Approved Ordinance N. 28386 —Oct 20, 1986
• Development Plan —Bramblewood Park" # 8627 — dated August 18, 1986
• Typical Elevations —Bramblewood Park #8627 — dated August 18, 2016
• Proposed Design Criteria for Buildings at Bramblewood —dated 27 August 1986
• Subdivision Plat —Bramblewood Park —April 15, 1987
• City G IS Summary Report for tax parcel 1650325 (with aerial ph oto)
• Concept D — Street View. Connecting Structure — and Photograph
3
Proffered Conditions to be Repealed
2701 & 2707 Brambleton Avenue SW, Roanoke, VA
August 25, 2016
The applicant hereby requests that the following proffered conditions(s) enacted by
Ordinance No 28386 dated October 20, 1986 be repealed as they pertain to properties
located at 2707 Brambleton Avenue SW identified as Official Tax No #1650325, and 2701
Brambleton Avenue, identified as Official Tax No. 1650326.
1. Only those uses permitted by right in a RD, Residential Duplex District shall be
permitted on Parcel G on the Preliminary Development Plan dated August 12, 1986,
attached hereto as Exhibit B.
2. Development of the subject property shall be in general conformance with the
Preliminary Development Plan subject to any changes that may be required by the City
Engineer during the site plan review.
3. Construction, building materials and building design for Parcels A, B & C of the
Development Plan shall be in substantial conformance with the "Typical
Elevations" attached hereto as Exhibit C.
And the additional condition accepted at City Council by adoption of the Ordinance 28386:
The driveway shown as exiting on Spessard Avenue, S. W., on petitioner's Exhibit B
attached to the amended Petition to Rezone shall be relocated through Parcel C to
exit on Woodlawn Avenue, S. W., and the proffered site plan shall be amended
accordingly.
WN!�-
'0120186 8 x
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of October, 1986.
No. 28386.
AN ORDINANCE to amend 9536 -3 and 36 -4, Code of the City of Roanoke
(1979), as amended, and Sheet No. 165, Sectional 1976 Zone Map, City
of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
WHEREAS, application has been made to the Council of the City of
Roanoke to have the hereinafter described property rezoned from R8-3,
Single Family Residential District, to C -1. Office and Institutional
District, subject to certain conditions proffered by the applicant;
and
WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by 836 -541, Code of the City of
Roanoke (1979), as amended and after conducting a public hearing on
the matter, has made its recommendation to Council; and
WHEREAS, a public hearing was held on said application by the City
Council at its meeting on October 13, 1986, after due and timely
notice thereof as required by 836 -541. Code of the City of Roanoke
(1979), ae amended, at which hearing all parties in interest and citi-
zens were given an opportunity to be heard, both for and against the
proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid applica-
tion, the recommendation made to the Council by the Planning
Commission, the City's Comprehensive Plan, and the matters presented
at the public hearing, 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 5436 -3 and 36 -4, Code of the City of Roanoke (1979), as amended,
and Sheet No. 165 of the Sectional 1976 Zone Map, City of Roanoke, be
amended in the following particular and no other:
Property described as a certain tract of land located at the
intersection of Brambleton Avenue, S. W., and Woodlawn Avenue, S. W.,
and extending through to 8pessard Street, designated on Sheet No. 165
of the Sectional 1976 'Lone Map, City of Roanoke, as Official Tax
No. 1650318 be, and is hereby rezoned from RS -3, Single Family
Residential District, to C -1; Office and Institutional District.
subject to those conditions proffered by and set forth in the
petitioner's amended Petition to Rezone, filed with the City
Clerk on September 9, 1986, and that Sheet No. 165 of the Zone
?Asp be changed in this respect and further subject to the addi-
tional proffered condition that the driveway shown as exiting on
Spessard Avenue, S. W., on petitioner's Exhibit B attached to the
amended Petition to Rezone shall be relocated through Parcel C
to exit on Woodlawn Avenue, S. W., and the proffered site plan
shall be amended accordingly.
ATTEST:
City Clerk.
P9TWO f vo ve
B/27/96 11°
AUG 27 7g6G
IN THE COUNCIL OF THE CITY OF ROANOKE, R5Mff9IM of .Community
IN RE: Rezoning of a tract of land lying belann17 & Ec0a0Mk DeVelODment
tween the intersections of Brambleton )
Avenue, S.W., WoodlaWn Avenue, S.W., ) PETITION
Spessard Avenue, S.W., containing ) TO
approximately 2.58 acres, from RS -3, .) REZONE
Single - Family Residential District, to )
C -1, Office and Institutional District )
subject to certain conditions. )
TO THE HONORABLE MAYOR AND MEMBERS.OF THE COUNCIL OF THE CITY
OF ROANOKE;
1. The petitioners, CorbieshaW Associates, a General
Partnership consisting of Eugene M. Elliott, Jr., Michael M.
Waldvogel and Thomas M. Hubard, have a Contract of Purchase
for a certain tract of land located in the.City of Roanoke,
Virginia, containing 2.58 acre,, located at the intersection of
Brambleton Avenue, S.W. and Woodlawn Avenue, S.W. and extending
through to Spessard Avenue, S.W., less and except "Parcel A", the
property of Dorothy H. xunc, Official Tax Map No. 1650320" and
the said parcel requested to be rezoned being designated on the
Roanoke City Appraisal Map as 0fficial Tax No. 1650318; and
described as 2.04 Acres on said Map, said tract is currently
zoned RS -3, Single - Family Residential District. A Map of the
Property to be rezoned is attached as Exhibit A.
2. Pursuant to Article VII and Article VIII of Chapter
36, Code of the City of Roanoke (1979), as amended, the pet-
itioners request that the said property be rezoned from RS -3,
Single - Family Residential District to C -1, Office and Institut-
ional District subject to certain conditions set forth below for
the purpose of constructing an office facility.
3. The petitioners believe that the rezoning of the
said tract of land will further the intent and purposes
of the City's Zoning Ordinance and its comprehensive plan,
in that it will complete a transition from retail and ,
commercial use of the Brambleton Avenue area into the
Residential use of property adjoining WOOdlawn and Spessard
Avenues.
4. The Petitioners hereby pro -offer and agree
that if said tract is rezoned as requested that the rezoning
will be subject to and the Petitioners will abide by the
following conditions:
a. Only those uses permitted by right in a
R -D Residential Duplex District shall be permitted on Parcel G
on the Preliminary Development Plan dated August 12, 1986,
attached hereto as Exhibit B.
b. Development of the subject property shall
be in general conformance with the Preliminary Development Plan
subject to any changes that may be required by the City Engineer
during site plan review.
C. Construction, building materials, and building
design for Parcels A, B, 6 C of the Development Plan shall be in
substantial conformance with the "Typical Elevations" attached
hereto as Exhibit C.
- 2 -
5. Attached as Exhibit D are the names and addresses
of the owner or owners of all lots or property immediately ad-
jacent to or immediately across d street or road from the
Property to be rezoned.
WHEREFORE, the petitioners request that the above-
described tract be rezoned as requested in accordance with
the provisions of the Zoning Ordinance of the City of Roanoke.
Respectfully submitted,
CORBIESHAW ASSOCIATES
By:
a r
CoibieshaW Associates
Eugene M. Elliott, Jr., Partner
Suite 910, Dominion Bank Building
Roanoke, Virginia 24011
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TYPICAL '—,,.
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ELEVATIONS
PROPOSED DESIGN CRITERIA FOR BUILDINGS AT BRAMBLEWOOD
Marsh, Witt B Martin, PC
Roanoke, Virginia
27 August 1966
Commission No, 8627
BUILDING MASS
1. Maximum building height shall be 2 -1/2 stories above grade
as measured from the major entrance to the building.
2. Roof shall be pitched, gable or hip type, with a minimum
elope of 4 inches vertical per 12 inches horizontal.
BUILDING ARCHITECTURE '
1. The architectural style of the building shall be traditional
in character using the "pedestal ", "base ", and "cap"
approach to design.
a. The "pedestal" or the lowest element of the building
elevation shall extend from grade to the first floor
elevation as a minimum. The pedestal shall be con-
etructed of brlckand shall be visually defined on all
Bides of the building.
b. The "base ", the exterior walls above the "pedestal ",
shall consist of curtain wall construction, brick or
horizontal aiding with traditional style windows. The
entire front face of the building shall have a colon -
nade. Columns shall be minimum 10 inches in diameter
with a maximum spacing of 10 feet on center.
C. The "cap" shall consist of a minimum 10 inch wide
horizontal band between the top of the base and the
roof.
2. Windows greater than 30 inches in any dimension shall be
subdivided by a grid.
3. Air conditioning condensing units and other mechanical
units shall be screened with materials in character with
the building.
4. Electrical service shall be underground.
5. No slgnage shall be placed above the first floor. 31gnage
shall not be back -lit. Signage shall be constructed with
materials similar to the building construction. Signs
shall be limited to one double face or two single face
signs at 35 square feet maximum per face.
6. All pavement shell beprovided with concrete curbs.
BUILDING MATERIALS
I. Roofing, Minimum 325N shingle, wood ahake or shingle, or
metal, natural colors.
2. Glass, Maximum reflectance outdoors in the visible
spectrum - 25 percent.
3. Curtainwall /Storefront, Anodized aluminum bronze or black,
painted aluminum, or painted
hollow metal. Mill finished
aluminum is not acceptable.
S PESSHEfJ FJE. S. W.
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STREET VIEW
CONCEPT PLAN O
2707 A 2701 Enamblelen Avenue, 5W
Roanoke, VA 24015
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Roanoke, VA 24015
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Roanoke, VA 24015
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CONCEPT PLAN D
VOl & 2701 emmblelon Avenue, SW
Roeneke,VA 24015
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FISHER PROPERTIES, LLC&
FIDELITY TITLE NAT/ONAL
INSURANCE COMPANY
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ROANOKE The City of Roanoke, VA
SUMMARY:
Parcel ld: 1859328 2mm�p: M%
ProMp Mdmee: P reaps: 9.5325
2701 BRN.B ON AVE SW Rapp 9q. Footage: 23195
ROANOKE, VA 20915 Propp FrvMa9a: 186
Le961 Ne ,IpWn: LOT3 BRAMBLEWOOD Pmpp Depth: 210.00
PARK
LAST SALE:
Saw Dme Saw Amoum frames Gmma Dpmnem Number
1999-0201 5900 EOGERTON KINETICK WTA 0990098393
ENTERPRISES LLC SYSTEMS INC (InanBve)
ZONING DISTRICT MAP
2701 and 2707
Brambleton Ave SW
Official Tax Parcels: 1650326 and
1650325, respectively
C= Area to be Rezoned
Zoning
AD'. Airport Day
- CG'. Commercial - General
® CLS Commercial -Large Site
CIA Commercial- Neighborhood
- D. Downtown
1 -1: Light Industrial
1 -2: Heavy Intlustrel
i
IN Institutional
O INPUD'. Institutional Planned Unit Day
_ IPUD. Industrial Planned Unit Day
MX. Mixed Use
O MXPUP. Mixed Use Planned Unit Day
R -12'. Res Single - Family
R -3 Res Single - Family
R -5: Res Single- Family
R -7'. Res Singlm Family
RA: Res - Agricultural
RM -I Res Mixed Density
RM -2' Res Mixed Density
RMF'. Res Multifamily
ROS'. Recreation and Open Space
— UF. Urban Flex
r Conditional Zcmn
9
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0 50 100 Feet f� +[
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O I
CORBIESHAW RD
O 1560611
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AFFIDAVIT
APPLICANT: CJ King, Fisher Properties
Jeffrey R. Wood, Rife + Wood Architects
LOCATION: 2701 Brambleton Avenue, S.W. and 2707 Brambleton Avenue, S.W.
Tax Nos. 1650326 and 1650325
REQUEST: Zoning Amendment of Proffered Conditions
COMMONWEALTH OF VIRGINIA
) TO -WIT:
CITY OF ROANOKE
The affiant, Tina M. Carr, 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 this dJOdday of , 2016, notices of a
//�
public hearing to be held on this / / (/ day of 1 L'tyL(J L/ , 2016, on the
request captioned above to the owner or agent of the parcels as set out on the attached.
Tina M. Carr
SU%SSCRIBED ANRRSWOtRN to before me, a Notary Public, in the City of Roanoke, Virginia, this
5 day of Ck_to bt/ _2016.
Iff, 0
i
DARRYL W. CHILDRESS
NOTARY PUBLIC
COMMONWEALTH OF VIRGINIA
REGISTRgi10N #7 6 65
MY COMMISSION D&PIRES ZO
List of Adjoining Property Owners for 2701 Brambleton Avenue, S.W.
Owner
Address
City
State
Zip
GRAN DIN CT BAPTIST CHURCH
2660 BRAMBLETON AVE SW
ROANOKE
VA
24015
H R GROUP LLC
3237 WOODLAWN AVE SW
ROANOKE
VA
24015
FISHER PROPERTIES LLC
2707 BRAMBLETON AVE SW
ROANOKE
VA
24018
FISHER PROPERTIES LLC
2707 BRAMBLETON AVE SW
ROANOKE
VA
24018
STEEL DONALD
3318 ONE OAK RD
ROANOKE
VA
24018
THE COPPER TOP LLC
5972 ROSELAWN RD
ROANOKE
VA
24018
WILLIAMS TOMMY JOE & KATHY A
2721 BRAMBLETON AVE SW
ROANOKE
VA
24015
List of Adjoining Property Owners for 2707 Brambleton Avenue, S.W.
Owner
Address
City
IState
Zip
GRANDIN COURT BAPTIST CHURCH
2660 BRAMBLETON AVE SW
ROANOKE
VA
24015
1 & D INVESTMENT PROPERTIES LLC
2715 BRAMBLETON AVE SW
ROANOKE
VA
24015
FISHER PROPERTIES LLC
2707 BRAMBLETON AVE SW
ROANOKE
VA
24018
FISHER PROPERTIES LLC
2707 BRAMBLETON AVE SW
ROANOKE
VA
24018
THE COPPER TOP LLC
5972 ROSELAWN RD
ROANOKE
VA
24018
WILLIAMS TOMMY JOE & KATHY A
2721 BRAMBLETON AVE SW
ROANOKE
VA
24015
MORRIS MATTHEW C
2802 BRAMBLETON AVE SW
ROANOKE
VA
24015
ATLAN LLC
111505 BOTTOM CREEK RD
BENT MOUNTAIN
VA
124059
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
CITY OF ROANOKE PDV
AtM TInaM Can
215 CHURCH AW
ROOM 166
ROANOKE VA 24011
Account Number
6011439
Date
October 04, 2016
0 1
Cdtcgory D t Ad Size T., Cosl
1 0 /1 012 01 6 Legal Notices PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE All I 1 x 137 L
31944
Publisher of the
Roanoke Times
1, (the undersigned) an authorized representative of the
Roanoke Times, a daily newspaper published in Roanoke, in the
State of Virginia, do certify that the annexed notice PUBLIC
HEARING NOTICE P was published in said newspapers on the
following dates:
0927. 1010412016
The First insertion being given... 09/2712016
Newspaper reference: 0000400097
Billing Representative IJ
Sworn to and subscribed before me this Tuesday, October 4, 2016
RECEIVED otaryq bh� ,,,'
OCT 206 State of Virginia V J��� f:.� f,F''
q.. .. /' 4
City/County of Roanoke �F'r'P1OT,,,y; ��..
CITY OF ROANOKE My Commission expires /.; F'UDI IC '.N
PLANNING BUILDINGS : *: li' =G. .:93291;4
DEVELOPMENT —
n' L °PIR
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE, THANK YO[Y,p „✓,
o; aeear °”
mag hi lgn wim colon eievabon
for Nrtaie part els. mrl isl iring one
of NC driveways 'head on the
d1lolopment plan exiting un 512e111rd
Avenue. 5.W -,ro be reheated fo exit nn
Wnodlewn Avenue S.W_ @a rung of
the Property will rc n Mixed Use
District (Me, pe,m106ng 11M1ise land usp
targeted' lost ellbal
- muealbons and group living
'.
anlerlainment Y antl
Piday, transportation
Whunity holiday b ....a .,ti
ey: rporm density and aan, Thy oidh
m aensly m one e t Area
T bablooU sgnare loot or lo( area
am a mapimnm boor area rpno Of L4
The compreh, fie plan designates
the prppem mr neighborhood
oat use, but tlnn om sped"
mryr
tleosi The prnpnsed arse of Mn
plot...op rmalns Mire, grneml r
PUBLIC HEARING NOTICE
Prnlpssmnal
Imo M Carr. St cry are. Qty Planning
Cpmmissinn
Oil ntARMC Notch
Gty Cuba" w81 hold pumice bonnngs
on Rte aforesaitl leg...b ad net",
An mrobc nearinss aevenlxee nercm
mrm016. as ]Ih malmOr as s nn
be bola in me
be
Chl
CM1amber, fourth Dour. poom 450, Noul
o®r 0 Next
beard, In me cly louni Chant
Ch Taylor al Ruiltling, 215
Inurtt. Omr. Roam 450, Noel C. Taylor
Aetna, 5 W., Roanoke,
Ai
Municipal BUlltlin, . 215 CM1Urll Avenue,
appB
prigni
irgine. All arc available
5. W., Roanoke Yrginia
t the
lormnew In Ibe office Ron Ruiltling,&
Church m olnce, Room
Any person witM1 a tl15ab0iry rrpuirin9
166 11s
Avenue,
Cnaan Avenue, s w., Reenoke.
aoy speclal aocommoaabon m attend
Virginia.
or n.. Tons, m me hearings should
contact top City Clerl OK[e x[(540)
The C1ry of Roanoke planning
solthve days pdeclo Me
�5M1etl
Commizsian will hold public hearings
letlt
an Octuber 10 2016, at 130 p-m., or as
soon thereafter as the matters be
Steel Moon Reynnitls. MMC,
may
heard, to mnsilu the tullawln9
611y Clerk
regoosts.
The City of Roanuko Board dl Zening
Application by Nadir and Mounlr lit
Appeals will hold puldid hearing` an
and one Gttlefuld t0 vacate
October U 2016, at m
t 1:00 p.., as
an
una sod approximately 10 foot wide
"Rtoloodd tledzlheseaddial ca,
other extension hetween we9em
be
boundary If o, 222211e
Application by weoai Wagner for
antl
And 2221108 A d i
antl along Me
property located at 2202 Closuray
eastern boundary If
eastern boundary el Official Tax N0.
Avenue S W., bearing Chunial Tax NO
R22107 antl to vaeete do a used
bailey
]050201, onld Real 1. Resitlential
ppmnmalMy 5 tool wide
Mood Oenslly Careful Ipr a specipl
extending Imm the grai field, with
exception pursuant to Segiun 362 -311.
I llh Sheet N.W., between Offi l Tax
Zoning, Code of the City of Roanoke
Nos. 2222108 and 2222119 to connect
(19]91, a s amended. to exhaled a
with the aforementioned 10 fool witlr
been' tay
alley.
by Toner Amer
Application by The Wdham Wilson
repeal conditions Proffered as
snmuel Rutter Revocame trust for
Wto pan
aOevios rezoning x12701 and 2107
property property Inca'd at 858 WlWwaad
Rrambleton Avenue SW., boating
Chiral Tax Nos. 1650326 and 1650325.
1306525, zcoldepil ReettlenbanSngle
o"go' 111, The consul placed
Tamily bis(dcl fora speaal exceptive
upon the pmpernes be he position of
pursuant to Setlion 362 31, 'along .
Ordinance 28386 on October Z0, 1986
Corte of the Oily of Roanoke One, as
.'to 'If' far nirri unisdo _ hmnmg
am end,d,to esta bM1Sp a M1amrS2y
uncial Tax No 550ilo, identified
Ima M s. ci elary my eaanl
ly o
sprr,
Lomn9 Asp, of "
Jlawetl 1a the Rb, Residential Copies
lattice[ repuitlng develoPment to bu In
i40009])
ubifmtief cnnmrmlN "In a
mag hi lgn wim colon eievabon
for Nrtaie part els. mrl isl iring one
of NC driveways 'head on the
d1lolopment plan exiting un 512e111rd
Avenue. 5.W -,ro be reheated fo exit nn
Wnodlewn Avenue S.W_ @a rung of
the Property will rc n Mixed Use
District (Me, pe,m106ng 11M1ise land usp
targeted' lost ellbal
- muealbons and group living
'.
anlerlainment Y antl
Piday, transportation
Whunity holiday b ....a .,ti
ey: rporm density and aan, Thy oidh
m aensly m one e t Area
T bablooU sgnare loot or lo( area
am a mapimnm boor area rpno Of L4
The compreh, fie plan designates
the prppem mr neighborhood
PUBLIC HEARING NOTICE
PUBLIC I TEARING NOTICE
All public hearings advertised herein will be held in the City Council Chamber, limrth floor,
Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia.
All applications are available for review in the Planning, Building, & Development office, Room
166, 215 Church Avenue, S.W., Roanoke, Virginia.
The City of Roanoke Planning Commission will hold public hearings on October 10, 2016, at
1:30 p.m., or as soon thereafter as the matters may be heard, to consider the following requests:
Application by Nada and Mounir Melki and Entie Littlefield to vacate an unused approximately
10 foot wide alley extension between the western boundary of Official Tax Nos. 2222110,
2222119 and 2222108 and along the eastern boundary of Official Tax No. 2222107 and to vacate
an unused approximately 5 foot wide alley extending from the intersection with I l" Street,
N.W., between Official Tax Nos. 2222108 and 2222119 to connect with the aforementioned 10
foot wide alley.
Application by Fisher Properties, LLC, to repeal conditions proffered as part of a previous
rezoning at 2701 and 2707 Brambleton Avenue, S.W., bearing Official Tax Nos. 1650326 and
1650325, respectively. The conditions placed upon the properties by the adoption of Ordinance
28386 on October 20, 1986, proposed for repeal include: limiting uses on parcel G, also
identified as Official Tax No. 1650330, to only those allowed in the RD, Residential Duplex
District; requiring development to be in substantial conformity with a development plan;
requiring development in substantial conformity for construction, materials, and building design
with certain elevations for certain parcels; and requiring one of the driveways shown on the
development plan exiting on Spessard Avenue, S.W., to be relocated to exit on Woodlawn
Avenue, S.W. The zoning of the property wilt remain Mixed Use District (M}), permitting
these land use categories: residential; accommodations and group living; commercial; assembly
and entertainment; pubtic, institutional and community facilities; transportation; utility;
agricultural; and accessory with a maximum density of one dwelling unit per 2,500 square feet of
lot area and a maximum floor area ratio of 1.0. The comprehensive plan designates the property
for neighborhood commercial use, but does not specify density. The proposed use of the
properties remains office, general or professional.
Tina M. Carr, Secretary, City Planning Commission
City Council will hold public hearings on the aforesaid requests on October 17, 2016, at 7:00
p.m., or as soon thereafter as the matters may be heard, in the City Council Chamber, fourth
floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke,
Virginia.
Any person with a disability requiring any special accommodation to attend or participate in the
hearings should contact the City Clerk's office at (540) 853 -2541 at least five days prior to the
scheduled hearing.
Stephanie M. Moon Reynolds, MMC, City Clerk
The City of Roanoke Board of Zoning Appeals will hold public hearings on October 12, 2016,
at 1:00 p.m., or as soon thereafter as the matters may be heard, to consider these applications:
Application by Wendi Wagner for property located at 2202 Broadway Avenue, S.W., bearing
Official Tax No. 1050701, zoned RM -1, Residential Mixed Density District, for a special
exception pursuant to Section 36.2 -311, Zoning, Code of the City of Roanoke (1979), as
amended, to establish a homestay.
Application by The William Wilson Samuel Butler Revocable Trust for property located at 858
Wildwood Road, S.W., bearing Official Tax No. 1300525, zoned R -12, Residential Single -
Family District, for a special exception pursuant to Section 36.2 -311, Zoning, Code of the City
of Roanoke (1979), as amended, to establish a homestay.
Tina M. Carr, Secretary, City Board of Zoning Appeals
Please publish in newspaper on Tuesday, September 27, 2016, and Tuesday, October 4, 2016.
Please bill and send affidavit of publication to:
Tina M. Carr
Secretary to the Board of Zoning Appeals
Planning, Building &. Development
City of Roanoke
Noel C. Taylor Municipal Building
215 Church Avenue, SW, Room 166
Roanoke, VA 24011
540/853 -1330
tina.caff@roanokeva.gov
Please send affidavit of publication to
Stephanie M. Moon Reynolds, MMC City Clerk
215 Church Avenue, S.W., Suite 456
Noel C. Taylor Municipal Building
Roanoke, Virginia 24011 -1536
540/853-254 1
Assisnlnt Deputy City Clerk
Jeffrey R. Wood
AIA — Architect
1325 Grandin Road, S. W.
Roanoke, Virginia 24015
Dear Mr. Wood:
A public hearing has been advertised to be heard by the City Planning Commission on
Monday, October 10, 2016 at 1:30 p.m., in the Council Chamber, Fourth Floor, Noel C.
Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request by Fisher
Properties, LLC, to repeal conditions proffered as part of a previous rezoning at 2701 and
2707 Brambleton Avenue, S.W., bearing Official Tax Nos. 1650326 and 1650325,
respectively.
Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on
Monday, October 17, 2016 at 7:00 p.m. before the Roanoke City Council in the Council
Chamber, depending upon formal action taken by the City Planning Commission on
Monday, October 10, 2016. Action taken by the City Planning Commission may be viewed
on the City's webpage, www.roanokeva gov, under "Roanoke Planning Commission News'
If you have questions regarding the Planning Commission public hearing, please contact
Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions
regarding the City Council public hearing may be directed to the City Clerk's Office at (540)
853 -2541.
Sincerely,
� . qjAru �
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
Fisher Properties LLC, c/o C. J. King, 2707 Brambleton Avenue, S. W., Roanoke,
Virginia 24015
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginin 24011 -1536
'i'elepkonc (540)853 -2541
Fax: (54(1)953 -1145
5I'1,141ANI6 M. MOON REYNOLDS, MMC
F-,nuil: elerk(n1,ew,.kevn...
C'lty Clerk
CEC'ELIA F. MC'C'OY
DepnD' City Clerk
October 6, 2016 CECELIA T. WEBB, CMC
Assisnlnt Deputy City Clerk
Jeffrey R. Wood
AIA — Architect
1325 Grandin Road, S. W.
Roanoke, Virginia 24015
Dear Mr. Wood:
A public hearing has been advertised to be heard by the City Planning Commission on
Monday, October 10, 2016 at 1:30 p.m., in the Council Chamber, Fourth Floor, Noel C.
Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request by Fisher
Properties, LLC, to repeal conditions proffered as part of a previous rezoning at 2701 and
2707 Brambleton Avenue, S.W., bearing Official Tax Nos. 1650326 and 1650325,
respectively.
Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on
Monday, October 17, 2016 at 7:00 p.m. before the Roanoke City Council in the Council
Chamber, depending upon formal action taken by the City Planning Commission on
Monday, October 10, 2016. Action taken by the City Planning Commission may be viewed
on the City's webpage, www.roanokeva gov, under "Roanoke Planning Commission News'
If you have questions regarding the Planning Commission public hearing, please contact
Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions
regarding the City Council public hearing may be directed to the City Clerk's Office at (540)
853 -2541.
Sincerely,
� . qjAru �
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
Fisher Properties LLC, c/o C. J. King, 2707 Brambleton Avenue, S. W., Roanoke,
Virginia 24015
Assiromt Deputy City Clerk
Interested Party and /or Adjoining Property Owners
Dear Ladies and Gentlemen:
A public hearing has been advertised to be heard by the City Planning Commission
on Monday, October 10, 2016 at 1;30 p.m., in the Council Chamber, Fourth Floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request by
Fisher Properties, LLC, to repeal conditions proffered as part of a previous rezoning at
2701 and 2707 Brambleton Avenue, S.W., bearing Official Tax Nos. 1650326 and
1650325, respectively.
Also, pursuant to provision of Resolution No. 25523 adopted by the Council of City of
Roanoke on Monday, April 6, 1981, a public hearing regarding the abovementioned
matter has been scheduled to be heard before the Roanoke Citv Council on Monday,
October 17 2016 at 7.00 q m , in the Council Chamber, pending formal action by the
City Planning Commission. Action taken by the City Planning Commission may be
viewed on the City's webpage, www roanokeva goy, under "Roanoke Planning
Commission News'.
This letter is provided for your information as an interested party and /or adjoining
property owner. If you have questions regarding the Planning Commission public
hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540)
853 -1730.
Questions regarding the City. Council public hearing may be directed to the City Clerk's
Office at (540) 853 -2541.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
'CClephone: (540)853 -2541
Fnx: (540)853 -1145
ST E%1 AN I E M. MOON REYNOLDS, MMC
F. -mail: cicrk(n {rnnnukcvn.gnv
C'ip C'Icr4
CF.CELIA F. MCCOV
Debt:[)' City Clerk
October 6, 2016 CECELIA T. WEBB, CMC
Assiromt Deputy City Clerk
Interested Party and /or Adjoining Property Owners
Dear Ladies and Gentlemen:
A public hearing has been advertised to be heard by the City Planning Commission
on Monday, October 10, 2016 at 1;30 p.m., in the Council Chamber, Fourth Floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request by
Fisher Properties, LLC, to repeal conditions proffered as part of a previous rezoning at
2701 and 2707 Brambleton Avenue, S.W., bearing Official Tax Nos. 1650326 and
1650325, respectively.
Also, pursuant to provision of Resolution No. 25523 adopted by the Council of City of
Roanoke on Monday, April 6, 1981, a public hearing regarding the abovementioned
matter has been scheduled to be heard before the Roanoke Citv Council on Monday,
October 17 2016 at 7.00 q m , in the Council Chamber, pending formal action by the
City Planning Commission. Action taken by the City Planning Commission may be
viewed on the City's webpage, www roanokeva goy, under "Roanoke Planning
Commission News'.
This letter is provided for your information as an interested party and /or adjoining
property owner. If you have questions regarding the Planning Commission public
hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540)
853 -1730.
Questions regarding the City. Council public hearing may be directed to the City Clerk's
Office at (540) 853 -2541.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
Interested Party and /or Adjoining Property Owners
October 6, 2016
Page 2
PC: Jeffrey R. Wood, AIA — Architect, 1326 Grandin Road, S. W., Roanoke, Virginia
24015
Grandin Court Baptist Church, 2660 Brambleton Avenue, S.W., Roanoke,
Virginia 24015
H R Group, LLC, 3237 Woodlawn Avenue, S.W., Roanoke, Virginia 24015
Donald J. Stefl, 3318 One Oak Road, Roanoke, Virginia 24018
The Copper Top, LLC, 5972 Roselawn Road, S. W., Roanoke, Virginia 24018
Tommy Joe Williams and Kathy A. Williams, 2721 Brambleton Avenue, S. W.,
Roanoke, Virginia 24015
J & D Investment Properties, LLC, 2715 Brambleton Avenue, S.W., Roanoke,
Virginia 24015
Matthew C. Morris, 2802 Brambleton Avenue, S. W., Roanoke, Virginia 24015
Atlan, LLC, 11505 Bottom Creek Road, Bent Mountain, Virginia 24059
CECELIA T. WEBB, CMC
Assistnvt Depnly City Clerk
October 19, 2016
Richard E. Beverly and Cassie M. Beverly
2410 Mason Mill Road, N. E.
Roanoke, Virginia 24012
Dear Mr. and Mrs. Beverly:
I am enclosing copy of Ordinance No. 40680 - 101716 authorizing the City Manager to
execute a lease agreement with Richard E. Beverly and Cassie M. Beverly, for the
lease of approximately 0.9917 acres of property, together with buildings and
improvements thereon, the City is in the process of purchasing located at 2410 Mason
Mill Road, N.E., Roanoke, Virginia, designated as Roanoke City Official Tax Map No.
7170509, for a term not to exceed 18 months, to commence on the date on which the
City acquires title to the Property; and Mr, and Mrs. Beverly will pay rent to the City in
the amount of $10.00 per month or $180.00 for the term of the Lease.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, October 17, 2016; and is in full force and effect upon
its passage.
Sincerely,
Stephanie M Moon Reynold MC D A V✓
City Clerk
Enclosure
c: Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Wayne F. Bowers, Director of Economic Development
Cassandra L. Turner, Economic Development Specialist
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Chwch Avenue, S. W., Roma 456
Roanoke, Virginia 24011 -1536
Telapimne: (540)853 -2541
Fnn: (540)853-1145
STEPHANIE M. MOON REYNOLDS, MM(
E -moll elerk(anrpnno kevp.... (IECELIA F. MCCOY
City Clerk
Deputy ('ity C'Ierk
CECELIA T. WEBB, CMC
Assistnvt Depnly City Clerk
October 19, 2016
Richard E. Beverly and Cassie M. Beverly
2410 Mason Mill Road, N. E.
Roanoke, Virginia 24012
Dear Mr. and Mrs. Beverly:
I am enclosing copy of Ordinance No. 40680 - 101716 authorizing the City Manager to
execute a lease agreement with Richard E. Beverly and Cassie M. Beverly, for the
lease of approximately 0.9917 acres of property, together with buildings and
improvements thereon, the City is in the process of purchasing located at 2410 Mason
Mill Road, N.E., Roanoke, Virginia, designated as Roanoke City Official Tax Map No.
7170509, for a term not to exceed 18 months, to commence on the date on which the
City acquires title to the Property; and Mr, and Mrs. Beverly will pay rent to the City in
the amount of $10.00 per month or $180.00 for the term of the Lease.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, October 17, 2016; and is in full force and effect upon
its passage.
Sincerely,
Stephanie M Moon Reynold MC D A V✓
City Clerk
Enclosure
c: Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Wayne F. Bowers, Director of Economic Development
Cassandra L. Turner, Economic Development Specialist
d�.
IN'I'I alt ('OI IN('II. 01' 1111; ('1'IY OF ROANOKF, VIRGINIA
'rho Illh duy al Ovl"I11'IY, )016.
Nu. 40680P- 161716.
AN 0pDINANCI? authnriring the Cily Manager hr execute B lease agrccnnont will,
Richard P:. Beverly and ('assic M, Bcverly ( "Beverly's "), uu fhe lease of approximately 0.9917
noes of property, logelher will, buildings and i up, ovenncnls thereon, properly the City is in the
process of purchasing, located ill 2410 Mason Mill Road, N.E., Roanoke, Virginia, designated as
Roanoke Cily Official Tax Map No. 7170509; and dispensing with the second reading of this
ordinance by title.
WHEREAS, a paddle hearing was held on October 17, 2016, pursuant to Sections 15.2-
1800 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 Icasc.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager is hereby authorized, to execute, in a form approved by the
City Attorney, a lease agreement with the Beverly's to lease approximately 0.9917 acres of
property, together with buildings and improvements thereon, property the City is in the process
of purchasing, located at 2410 Mason Mill Road, N.E., Roanoke, Virginia, designated as
Roanoke City Official Tax Map No. 7170509, for a term not to exceed eighteen (18) months
from the date of the Lease Agreement. The term of the Lease Agreement will commence on the
date on which the City acquires title to the Property, and the Beverly's will pay rent to the City in
the amount of $10.00 per month or $180.00 for the term of the Lease, as more particularly
described iu the City Council Agenda Report dated October 17, 2016.
O -Lens, b Richard Beverly, It al 240 Moson Mill Rd- TM7170509 (10 -17 -16)
1'h0, City Manage, is further Bulhorixed lO cxccule sl.lch odic, oglecnicn(s and
docunlcllln, and tnl<c Sl,Cb 011ie, actions, dcomcd nceassury I0 cllccluaIC, in'Iplclnenl, adminixter,
and enforce the Leo.se. The form Of such Other Bgrecmenls and decumenls shall he Bpproved by
the City Athlrncy.
Pursuant to the provisions of Section 12 Of the City ('barter, the second reading of
this ordinance by title is hereby dispensed with.
ATTEST:
city Clcu .
0- l.e8se 10 Richmd Beverly, O a f — 24f0 MusOn Mill Rd -TM71 ]0509 (10- 17 -16)
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of October, 2016.
No. 40681 - 101716.
AN ORDINANCE to appropriate funding from the Economic and Community
Development Reserve for the Property Acquisition of 2410 Mason Mill Road under the
Deschutes Performance Agreement project, amending and reordaining certain sections
of the 2016 -2017 Capital Projects 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 2016 -2017 Capital Projects Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Appropriated from General Revenue 08- 310 - 9471 -9003 $ 191,300
Fund Balance
Economic and Community Development 08 -3365 (191,300)
Reserve - Unappropriated
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: October 17, 2016
Subject: Appropriation of Funds for Purchase of Property located at
2410 Mason Mill Road, N.E., Roanoke, Virginia and Public
Hearing to Enter into a Lease with Richard E. Beverly and Cassie
M. Beverly (CM 16-00105)
Background
On April 18, 2016, City Council adopted Ordinance No. 40485- 041816
authorizing the City Manager to execute a Contract for Purchase and Sale of
Real Property (Contract) between the City and Deschutes Brewery. The Contract
provided that the City would exercise its best efforts to acquire certain adjacent
properties located on Mason Mill Road, N.E. City staff has negotiated a purchase
agreement for approximately 0.9917 acres of property, together with buildings
and improvements thereon, being Roanoke City Official Tax Map No. 7170509,
located at 2410 Mason Mill Road, N.E., in the City of Roanoke, Virginia, (the
"Property ") from Richard E. Beverly and Cassie M. Beverly, for the purchase price
of $190,000, and upon the closing of said Property, the City of Roanoke
proposes to lease said Property to Richard E. Beverly and Cassie M. Beverly for a
term not to exceed eighteen (18) months from the date of the Lease
Agreement. Pursuant to the provisions of the proposed Lease Agreement, the
term of the lease will commence on the date on which the City acquires title to
the Property. The rent due under the Lease Agreement is $10 per month or
$180 for the term of the lease and the rent shall be paid in full upon execution
of the proposed Lease Agreement.
The City will incur other incidental costs (estimated not to exceed $1,300)
related to pre - closing due diligence activities, title insurance, and certain
customary costs of closing the real estate transaction.
Funds are available from the Economic and Community Development Reserve to
fund this acquisition and its related costs.
Pursuant to State Code, City Council must hold a public hearing on the
proposed lease prior to authorizing its execution by the City Manager. On
August 1, 2016, City Council authorized a public hearing to be set. A copy of
the proposed Lease Agreement is attached to this report.
Recommended Action:
Adopt the accompanying budget ordinance to appropriate funding in the
amount of $191,300 from the Economic and Community Development Reserve
into account 08- 310- 9471 -9050 for the purchase of 2410 Mason Mill Road, N.E.
Absent comments at the public hearing needing further consideration,
authorize the City Manager to execute such Lease Agreement between the City
and Richard E. Beverly and Cassie M. Beverly for an initial term of eighteen (18)
months, substantially similar to the document attached to this report, and to
execute such other documents and to take such further actions as may be
necessary to lease the Property and to implement, administer, and enforce such
Lease Agreement, with the form of such Lease Agreement and any other
documents to be approved as to form by the City Attorney.
nd A�'
Christopher P. Morrill
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Asst. City Mgr. for Community Development
Barbara A. Dameron, Director of Finance
Wayne F. Bowers, Director of Economic Development
Cassandra L. Turner, Economic Development Specialist
DRAFT 10/07/2016
LEASE AGREEMENT
THIS LEASE AGREEMENT ( "Agreement "), is made as of this day of
2016, by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and
existing under the laws of the Commonwealth of Virginia ("Lessor"), and RICHARD E. BEVERLY
AND CASSIE M. BEVERLY (jointly, severally, and collectively "Lessee ").
WITNESSETH:
WHEREAS, the Lessor owns certain land consisting of 0.9917 acres, being property
designated as Roanoke Official Tax Map No. 7170509, located at 2410 Mason Mill Road, N.E., in
the City of Roanoke, Virginia (the "Leased Premises "),
WHEREAS, Lessee desires to lease the Leased Premises, together with all improvements
situated on the Property, and the Lessor desires to lease the Leased Premises to Lessee, upon the
terms and conditions stated below; and
WHEREAS, Roanoke City Council authorized the City Manager, on behalf of the Lessor, to
enter into this Agreement with Lessee pursuant to Ordinance No. , adopted
, 2016, following a public hearing on this matter.
NOW THEREFORE, for and in consideration of the mutual covenants contained herein,
and other good and valuable consideration, and the above recitals which are incorporated by
reference herein, the parties agree as follows:
Section 1. Leased Premises. Subject to the terms and conditions of this Agreement,
Lessor hereby leases to Lessee, and Lessee leases from Lessor, the Leased Premises, and all
improvements located thereon, as the Leased Premises are more particularly shown on the sketch
attached as Exhibit A, which is incorporated by reference herein.
Section 2. Term. The term of this Agreement shall commence on the date of Closing on
the Leased Premises pursuant to the Agreement for Purchase and Sale of Real Property between
Lessor and Lessee dated October , 2016 and end on or before eighteen months after the date of
Closing.
Section 3. Rent. (a) As consideration for this Agreement, Lessee shall pay Lessor the
lump sum amount of ONE HUNDRED EIGHTY AND NO /DOLLARS ($180.00) as rent for the full
term of this Agreement.
(b) Such rent shall be due and payable no later than 30 days after the effective date of this
Agreement, for the term of this Agreement, and paid at the Lessor's Office of City Treasurer, Room
254, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011.
DRAFT 10/07/2016
(c) No payment by Lessee or receipt by Lessor of a lesser amount than the rent, additional
rent, or other amounts herein stipulated shall be deemed to be other than on account of the stipulated
rent and amounts due, nor shall any endorsement or statement on any check or any letter
accompanying any check or payment thereof be deemed an accord and satisfaction, unless the Lessor
otherwise agrees in a writing signed by both Lessor and Lessee. Lessor may accept such check of
payment without prejudice to Lessor's right to recover the balance of such amounts or pursue any
other remedy provided in this Lease Agreement or by law.
Section 4. Taxes and Other Charges. (a) In addition to payment of the rent as set
forth above, Lessee shall timely pay all applicable real estate or leasehold taxes, or any othertaxes or
charges in connection with this Agreement that the Lessee may be required by law or regulations to
collect and pay. Any applicable real estate or other taxes shall be determined by the Real Estate
Assessor for the City of Roanoke, and Lessor will provide appropriate notice and documentation of
such taxes to Lessor if Assessor does not provide such notice directly to Lessee.
(b) Lessee shall reimburse Lessor for all stormwater utility fees assessed by the City of
Roanoke for the Leased Premises pursuant to Chapter 1 1.5, Code of the City of Roanoke(1979), as
amended.
Section 5. Lessee's Use of Leased Premises. (a) Purpose. Lessee shall use the
Leased Premises for single family residential purposes and for no other purpose.
(b) Operation. Lessee shall, at its sole cost and expense, operate and maintain the Leased
Premises in accordance with good practices as are customary for its intended use. Any damage done
to the Leased Premises, or any other property of Lessor located on the Leased Premises, shall be
repaired or replaced at Lessee's sole discretion, provided that damage to the Leased Premises, or to
any of the improvements to the Property, that renders any structure uninhabitable shall be repaired or
replaced by Lessee. Any improvements made to the Leased Premises shall become the property of
Lessor, without Lessor owing Lessee any sums for any increase in value to the Leased Premises as a
result of such improvements.
(c) Maintenance. Lessee accepts the Leased Premises in its AS IS, WHERE IS, condition.
Lessor makes no warranties or representations regarding the condition of the Leased Premises,
including the suitability of the Leased Premises for Lessee's intended use. Lessor shall have no
responsibility to maintain, repair, or replace any portion of the Leased Premises. Lessee agrees that
any such maintenance, repair or replacement of any portion of the Leased Premises shall be
performed in a good and workmanlike manner. Lessor reserves the right to enter upon the Leased
Premises for the purposes of inspection. Such reservation of rights shall not be construed to limit,
modify, or waive Lessee's obligation to keep the Leased Premises in good repair and condition, and
to perform maintenance, repair, or replacement to the Leased Premises when necessary.
(d) Security. Lessee further acknowledges and agrees that Lessor is not responsible for
providing any security to Lessee concerning any of Lessee's property located on the Leased
Premises, and that any such security obtained by Lessee shall be obtained at Lessee's sole expense.
DRAFT 10/07/2016
(e) Utilities. The parties agree that Lessor is not responsible for payment of any utility costs
or charges, and telephone, internet, which will be the responsibility and obligation of Lessee to pay
and obtain if applicable.
(f) Sublease of Leased Premises by Lessee. Lessee covenants and agrees that it will not
sublet, license, assign, or transfer by operation of law or otherwise, this Agreement, the Leased
Premises, or any right Lessee is authorized to exercise hereunder, without the prior written consent of
the Lessor, and such attempted assignments without such permission shall be void. The Lessor may
grant or withhold its consent in its sole discretion. Any attempt by the Lessee to sublet, license,
assign, or transfer by operation of law or otherwise this Agreement, the Leased Premises, or any
rights Lessee is authorized to exercise hereunder, without the prior written consent of the Lessor
shall result in the automatic termination of this Agreement.
Section 6. Hazardous Materials. While on or near the Leased Premises in its
performance pursuant to this Agreement or at any other portion of the Property, Lessee shall not
transport, dispose of any hazardous substance, material, or waste, as the term "hazardous material" is
defined under federal, state, and local laws, rules and ordinances, without obtaining Lessor's written
approval, and in any event Lessee shall comply with all federal, state, and local laws, rules,
regulations, and ordinances controlling air, water, noise, solid wastes, and other pollution, and
relating to the storage, transport, or disposal of hazardous material, substances or waste. Regardless
of Lessor acquiescence, Lessee agrees to reimburse Lessor for all costs and expenses incurred by
Lessor in eliminating or remedying such violations. Lessee also agrees to reimburse Lessor for
attorney's fees and al I penalties or civil judgments incurred by or obtained against Lessor as a result
of Lessee's use of any hazardous material, substance or waste onto the ground or otherwise, or into
the water or air from, near or upon the Leased Premises or the Property. The Lessee agrees to handle
the storage and disposal of gasoline, oil, and other substances used in connection with the operation
and maintenance of automobiles, in accordance with all applicable federal, state, and local laws,
rules, regulations, and ordinances.
Section7. Report Release of Hazardous Materials- Lessee shall immediately furnish to the
Lessor written notice of any and all releases of hazardous waste, materials or substances whenever
such releases are required to be reported to any federal, state, or local authority, and pay for all
cleanup and removal costs. Such written notice shall identify the substance released, the amount
released, the measures undertaken to cleanup and remove the released material and any contaminated
soil or water. Lessee shall also provide Lessor with copies of any and all reports resulting from tests
on the Leased Premises or made to any governmental agency which relate to the Leased Premises.
Section 8. Indemnification. Lessee agrees and binds itself to indemnify, keep and hold the
Lessor, its officers, agents, employees and volunteers free and harmless from any and all claims,
causes of action, damages, costs (including attorney's fees), or any liability on account of any injury
or damage of any type to any persons or property growing out of or directly or indirectly resulting
from any act or omission of Lessee, including but not limited to: (1) Lessee's use ofthe public ways
or other areas of the Leased Premises in connection with this Agreement; (2) the acquisition,
construction, reconstruction, erection, installation, operation, maintenance, repair or extension ofthe
Leased Premises; (3) the Lessee's exercise of any right or privilege granted by or under this
DRAFT 10/07/2016
Agreement or any sublease, (4) the failure, refusal or neglect of Lessee or a sublessee of Lessee to
perform any duty imposed upon or assumed by Lessee by or under this Agreement or any such
sublease, (5) any claim made against the Lessor made or arising out of any action by Lessee or a
sublessee of Lessee, or (6) any claim brought by a sublessee of Lessee against the Lessor for any
reason. In the event that any suit or proceeding shall be brought against the Lessor at law or in
equity, either independently or jointly with Lessee or sublessee on account of anything set forth
above, Lessee, upon notice given to it by Lessor, will defend the Lessor in any such action or other
proceeding, at the cost of the Lessee, and in the event of any settlement or final judgment being
awarded against the Lessor, either independently or jointly with Lessee, then Lessee will pay any
such settlement orjudgment or will comply with such decree, pay all reasonable costs and expenses
of whatsoever nature and hold the Lessor, its officers, agents, employees and volunteers harmless
therefrom.
Section!). Environmental Indemnifications - Regardless of the City's acquiescence and in
addition to the indemnification provisions contained elsewhere in this Lease Agreement, Lessee shall
indemnify, defend, and hold Lessor, its officers, agents and employees, harmless from all costs,
liabilities, penalties, or fines, including attorney's fees, resulting from or arising out of Lessee's
violation of the environmental provisions contained in this Lease Agreement and agrees to reimburse
the Lessor for any and all costs and expenses incurred in eliminating or remedying such violations.
Lessee further covenants and agrees to reimburse and hold the Lessor its officers, agents and
employees, harmless from all costs, expenses, attorney's fees and all penalties or civil judgments
obtained against the Lessor as a result of Lessee's use, release or disposal of petroleum product,
hazardous substance, material, or waste onto the ground or into the air or water. Lessee agrees to
waive any and all statutes of limitations applicable to any controversy or dispute arising under these
environmental provisions, and Lessee further agrees that it will not raise or plead a statute of
limitations defense in any action arising out of Lessee's failure to comply with the environmental
provisions contained herein.
Section 10. Insurance. (a) Requirement of insurance. Lessee shall, at its expense, obtain
and maintain during the life of the Agreement renters insuranceand general liability coverage on an
occurrence basis insuring against all claims, loss, cost, damage, expense or liability from loss of life
or damage or injury to persons or property arising out of any of the work or activity under or by
virtue of this Agreement. The minimum limits of liability for this coverage shall be $100,000
combined single limit for any one occurrence and $100,000 aggregate. Any required insurance and
bonds shall be effective prior to the commencement of this Agreement.
(b) Fire and Extended Coverage for Structures. Lessor shall obtain and maintain fire and
extended coverage insurance insuring any improvements on the Leased Premises, for direct and
indirect loss or damage by fire and any other casualty covered under a broad perils, "all risks" typical
fire and extended coverage property insurance policy in an amount equal to the current fair value of
the improvements. This coverage shall include the cost of demolition and removal of the
improvements, or any portions thereof, damaged by fire or other casualty. In the case of a
catastrophic, total destruction event, the proceeds of the fire and extended coverage insurance shall
be payable to Lessor. Lessor shall have the sole right to retain the proceeds of insurance, terminate
this Agreement, and refund a pro -rated amount of the Rent to the Lessee. In the case of any event,
DRAFT 10/07/2016
other than a catastrophic, total destruction event, the proceeds of the fire and extended coverage
insurance shall be payable to Lessor. Lessor, after consulting with the Lessee, shall decide whether
(1) to use the proceeds to repair the improvements and continue this Agreement or (2) Lessor shall
retain the proceeds of insurance and terminate this Agreement and refund a pro-rated amount of the
Rent to the Lessee.
(c) Evidence of Insurance. All insurance shall meet the following requirements:
(I )The Lessee shall furnish the Lessor a certificate or certificates of insurance
showing the type, amount, effective dates and date of expiration of the
policies. The Lessor shal I be notified of any deductible greater than 10% of
the policy limit and such deductible shall be subject to approval of the Lessor,
which shall not be unreasonably withheld. However, this deductible
requirement shall not apply to pre- funded /fully- funded deductible programs
upon proper documentation acceptable to the Lessor's Risk Manager.
(2)The required certificate or certificates of insurance shall include
substantially the following statement: "The insurance covered by this
certificate shall not be canceled or materially altered, except after thirty (30)
days written notice has been provided to the City of Roanoke"
(3)The required certificate or certificates of insurance shall name the
Lessor, its officers, agents, employees, and volunteers as additional insureds
in connection with this Agreement. The Fire and extended coverage insurance
shall insure the Lessor and the Lessee in the Building, as their interests may
appear.
(4)lnsurance coverage shall be in a form and with an insurance company
approved by the Lessor which approval shall not be unreasonably withheld.
Any insurance company providing coverage under this Agreement shall be
authorized to do business in the Commonwealth of Virginia.
Section 11. Termination and Expiration. (a) The parties agree that Lessee may
terminate this Agreement at any time, with or without cause, for any reason, upon thirty (30) days
written notice to Lessor. Upon any such early termination of the Agreement, Lessee shall vacate the
Leased Premises upon the expiration of the notice period. Lessee shall be liable to Lessor for all
rent, additional consideration, and taxes under this Agreement for the period of this Agreement prior
to said termination date, except as set forth in this Agreement.
(b) Site Restoration. If this Agreement is terminated or expires, Lessee shall have sixty
(60) days from the termination or expiration date to remove their personal property from the Leased
Premises. Lessor and Lessee agree that Lessee may remove appliances within the main residence
located on the Leased Premises, may remove out buildings, and may remove any plants, bulbs, and
small trees of less than 3" in diameter at the base from the Property; provided that removal of any
portions of the improvements to the Property does not render any structure uninhabitable. Lessor and
DRAFT 10/07/2016
Lessee agree that Lessee is not required to leave the Property in a broom clean condition at
termination or expiration. Lessor and Lessee agree that any and all items of personal property, in any
condition or state of disrepair remaining at the Property at termination or expiration, shall be the
property of Lessor. The parties acknowledge that Lessor shall have no obligation to provide security
or otherwise safeguard Lessee's personal property that may be located on the Leased Premises during
this time. If Lessee's property are not removed to the reasonable satisfaction of Lessor within sixty
(60) days of the termination of this Agreement, such property shall be deemed abandoned and shall
become the property of Lessor and Lessee shall have no further rights thereto, or at Lessor's option,
the Lessor shall have the right to remove such items.
Section 12. Limitation of Lessor's Liability.
The Lessor, its officers, agents, or employees shall not be liable to Lessee for any damages of
any type or loss caused by any omissions or actions of Lessor, whether negligent or otherwise.
Lessee expressly agrees that a part of the consideration it is giving to support this Agreement is a
waiver of any right to seek from the Lessor any claim for such consequential damages.
Section 13. Condemnation.
In the event the whole of the Premises is taken by eminent domain, this Agreement shall
terminate as of the date title to the Leased Premises vests in the condemning authority. If a portion
of the Leased Premises is taken by eminent domain, either party shall have the right to terminate this
Agreement as of the date of transfer of title, by giving thirty (30) days' written notice to the other
party. In the event of any taking under the power of eminent domain, Lessee shall not be entitled to
any portion of the award paid for the taking and Lessor shall receive the full amount of such award.
Lessee hereby expressly waives any right or claim to any portion thereof. Although all damages,
whether awarded as compensation for diminution in value of the license or to the fee of the Leased
Premises, shall belong to Lessor, Lessee shall have the right to claim and recover from the
condemning authority, but not from Lessor acting as Lessor, such compensation as maybe separately
awarded or recoverable by Lessee on account of any costs or expenses incurred by Lessee in
removing its personal property and any relocation expenses.
Section 14. Notices.
All notices hereunder must be in writing and shall be deemed validly given if sent by certified
mail, return receipt requested, or by a nationally recognized overnight courier, addressed as follows:
If to Lessor, to: City of Roanoke
Director of Economic Development
117 Church Avenue S.W.
Roanoke, Virginia 24011
Telephone: (540) 853 -2715
Facsimile: (540) 853 -1213
DRAFT 10/07/2016
If to Lessee, to: Richard E. Beverly
Cassie M. Beverly
2410 Mason Mill Road, N.E.
Roanoke, VA 24012
Telephone: (540)
Notice shall be deemed delivered upon the date of personal service, two days after deposit in
the United States mail, or the day after delivery to a nationally recognized overnight courier.
Section 15. Miscellaneous.
(a) No Broker. If either party is represented by a real estate broker in this transaction,
that party shall be fully responsible for any fee due such broker and shall hold the other party
harmless from any claims for any commission by such broker.
(b) Cooperation. Each party agrees to cooperate with the other in executing any
documents necessary to carry out the intent and purposes of this Agreement.
(c) Severability. If any term of this Agreement is found to be void or invalid, such
invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force
and effect. The parties intend that the provisions of this Agreement be enforced to the fullest extent
permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not
enforceable, they shall be deemed modified to the extent necessary to make them enforceable.
(d) Authority. The persons who have executed this Agreement represent and warrant
that they are duly authorized to execute this Agreement in their representative capacities as indicated.
(e) Counterparts Allowed. This Agreement may be executed in any number of
counterpart copies, each of which shall be deemed an original, but all of which together shall
constitute a single instrument.
(f) Compliance with Laws. In Lessee's exercise of the rights and privileges granted
herein, Lessee, its agents, employees, guests, invitees, contractors, and /or any other person over
whom Lessee has control shall observe, obey and comply fully at Lessee's own expense with all
present and future, federal state and local laws, rules or regulations, applicable to or affecting directly
or indirectly Lessee or its operations and activities on or in connection with the Leased Premises.
Lessee further agrees that Lessee does not and shall not during the performance of this Agreement;
knowingly employ an unauthorized alien as defined in the Federal Immigration Reform & Control
Act of 1986.
(g) Successors and Assigns. The terms, conditions, provisions and undertakings of
this Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their
respective successors and assigns.
DRAFT 10/07/2016
(h) Cautions. The paragraph Captions and Headings in this Agreement are for
convenience and reference purposes only and shall not affect in any way the meaning or
interpretation of this Agreement.
(i) Governing Law. By virtue of entering into this Agreement, Lessee and Guarantor
agree and submit themselves to a court of competent jurisdiction in the City of Roanoke, Virginia
and further agrees that this Agreement is controlled by the laws of the Commonwealth of V irginia or
any applicable federal laws and that all claims, disputes, and other matters shall be decided only by
such court according to the laws of the Commonwealth of Virginia or any applicable federal laws.
Q) Waiver. Lessee agrees that the Lessor's waiver or failure to enforce or require
performance of any term or condition of this Agreement or the Lessor's waiver of any particular
breach of this Agreement by the Lessees extends to that instance only. Such waiver or failure is not
and shall not be a waiver of any of the terms or conditions of this Agreement or a waiver of any other
breaches of the Agreement by the Lessees and does not bar the Lessor from requiring the Lessees to
comply with all the terms and conditions of the Agreement and does not bar the Lessor from
asserting any and all rights and /or remedies it has or might have against the Lessee under this
Agreement or by law.
(k) Entire Agreement. This Agreement and its exhibits constitute the entire agreement
and understanding of the parties, and supersede all offers, negotiations and other agreements. There
are no representations or understandings of any kind not set forth herein. Any amendments to this
Agreement must be in writing and executed by both parties. Lessee acknowledges that it has
participated in the drafting of this Agreement. In the event of a dispute concerning any provision of
this Agreement, Lessee hereby acknowledges and agrees that it will not rely on any defense that any
ambiguity in the Agreement should be construed against the drafter of the Agreement and the Lessee
waives that defense. Lessee agrees that Lessor shall have no responsibility, duty, or obligation to
provide Lessee any services, property, or items that are not otherwise indicated in this Agreement.
(1) Survival. Lessee's obligations under this Agreement with respect to all
representations and the Lessee's indemnity obligations pursuant to Sections 8 and 9 of this
Agreement shall survive the termination or expiration of this Agreement.
(m) Joint and Several Obligations of Lessee. The obligations of Lessee under this
Agreement are thejoint and several obligations of each Lessee.
(n) Construction. Lessee agrees that it has read, reviewed, and understands the terms of
this Agreement. Lessee further agrees that it has participated in the drafting of this Agreement, and
that in the event any of the terms of this Agreement are determined to be ambiguous, such ambiguity
will not be construed against Lessor.
Section 16. Default
(a) Each of the following shall constitute an event of default of this Agreement: (1)
Lessee fails to pay rent within ten (10) days after such rent becomes due and payable, (2) Lessee
DRAFT 10/07/2016
fails to observe or perform any term, condition, or covenant in this Agreement; (3) noncompliance
with any of the terms or obligations of Lessee under this Agreement; or (4) Lessee or guarantor files
a voluntary petition in any bankruptcy or insolvency proceeding, or an involuntary petition in any
bankruptcy or insolvency proceeding is tiled against Lessee or guarantor and is not discharged by
Lessee or guarantor within sixty (60) days after such filing.
(b) It is understood and agreed by and between the Lessor and Lessee that in the event of
a breach by Lessor or Lessee of any of the covenants and agreements herein contained or in the event
of a default by Lessee as set forth above, the aggrieved party may serve a written thirty (30) day
notice of default, specifying such default or breach, on the defaulting or breaching party. If such
default is not remedied within said (30) days, this Agreement shall automatically end and expire.
(e) If such default or breach is not remedied within the thirty (30) day period, the non -
defaulting or non - breaching party, at its option, without further notice or demand to the defaulting or
breaching party, may in addition to all other rights and remedies provided in this Agreement or at law
or in equity, terminate this Agreement and recover all damages to which it is entitled under the law.
Furthermore, the Lessor shall be entitled to recover and immediately take possession of the Premises.
(d) If Lessor takes possession pursuant to this Agreement, with or without terminating this
Agreement, Lessor may, at its option, enter into the Premises, remove Lessee's alterations, personal
property, and other evidences of tenancy, and store them at the Lessee's sole risk and expense or
dispose of them as Lessor may see fit, including, but not limited to selling such items and applying
any net proceeds to any amounts Lessee may owe Lessor, and take and hold possession of the
Premises.
SIGNATURE PAGE TO FOLLOW
DRAFT 10/07/2016
IN WITNESS W HEREOF, the parties have executed this Lease Agreement by the following
Signatures as of the date stated above.
ATTEST:
City Clerk
COMMONWEALTH OF VIRGINIA
CITY /COUNTY OF ROANOKE
LESSOR:
CITY OF ROANOKE, VIRGINIA, a Virginia
municipal corporation
Christopher P. Morrill, City Manager
To -wit:
The foregoing instrument was acknowledged before me this day of ,
2016, by Christopher P. Morrill, the City Manager for the City of Roanoke, Virginia, for and on
behalf of the City.
My Commission expires:
Notary Public
Registration No.
10
DRAFT 10/07/2016
LESSEE:
Richard E. Beverly
M. Beverly
COMMONWEALTH OF VIRGINIA
To -wit:
CITY /COUNTY OF ROANOKE
The foregoing instrument was acknowledged before me this
2016, by Richard E. Beverly.
My Commission expires:
Notary Public
Registration No.
COMMONWEALTH OF VIRGINIA
To -wit
CITY /COUNTY OF ROANOKE
The foregoing instrument was acknowledged before me this
2016, by Cassie M. Beverly.
My Commission expires:
Approved as to Form:
Assistant City Attorney
Authorized by Ordinance No:
Notary Public
Registration No.
Approved to as Execution:
Assistant City Attorney
day of
day of
DRAFT 10/07/2016
Exhibit A
Leased Premises
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CITY CLERK
NOEL C. TAYLOR MUNICIPAL BUILDING
215 CHURCH AVE. SW ROOM 4%,
ROANOKE 00090 VA 240 it
Date Category Description Ad Size Total Cost
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1111010 PILII A GILL. YLLAJC YAT rKVm INV VIVt. IHAINK TUU
NOTICE OF PUBLIC HEARING
Pursuant to the requirements of Sections 15.2 - 1800.11 and 15.2 -1813, Code of
Virginia (1950), as amended, notice is hereby given that the Council of the City of
Roanoke will hold a public hearing on October 17, 2016, at 7:00 p.m., or as soon
thereafter as the matter may be heard, in the Council Chamber, 4th Floor, Noel C. Taylor
Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, on a proposed Lease
Agreement between the City of Roanoke (City) and Richard E. Beverly and Cassie M.
Beverly. The City is in process of purchasing approximately 0.9917 acres of property,
together with buildings and improvements thereon, being Roanoke City Official Tax Map
No. 7170509, located at 2410 Mason Mill Road, N.E., in the City of Roanoke, Virginia,
(the "Property ") from Richard E. Beverly and Cassie M. Beverly, for the purchase price
of $190,000, and upon the closing of said Property, the City of Roanoke proposes to lease
said Property to Richard E. Beverly and Cassie M. Beverly for a term not to exceed
eighteen (18) months from the date of the Lease Agreement. Pursuant to the provisions of
the proposed Lease Agreement, the term of the lease will commence on the date on which
the City acquires title to the Property. The rent due under the Lease Agreement is $10 per
month or $180 for the term of the lease and the rent shall be paid in full upon execution
of the proposed Lease Agreement.
A copy of the proposed Lease Agreement and the proposed ordinance will be
available at the City Clerk's Office, Room 456, Noel C. Taylor Municipal Building, 215
Church Avenue, S.W., Roanoke, Virginia, 24011, on and after Friday, October 7, 2016.
For further information on the matter, you may contact the Office of the City Clerk at
(540)853 -2541.
All parties and interested entities may appear on the above date and time to be
heard on the above 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 October
13,2016.
GIVEN under my hand this 7th day of October, 2016.
Stephanie M. Moon Reynolds,
City Clerk
PLEASE PUBLISH ONCE IN THE LEGAL ADS, ROANOKE TIMES, ON FRIDAY,
October 7. 2016.
Send Publisher's Affidavit to:
City Clerk
Noel C. Taylor Municipal Building,
Room 456
215 Church Avenue, S.W.
Roanoke, VA 24011
Send Bill to:
City of Roanoke
ATTN: Cassandra Turner
Department of Economic Development
I l7 Church Avenue, S.W.
Roanoke, VA 24011
(540) 853 -6439
October 19, 2016
Victor Banks, President
Melrose Athletic Club, Inc.
2604 Spring Hill Drive, N. W.
Roanoke, Virginia 24017
Dear Mr. Banks:
I am enclosing copy of Ordinance No. 40682 - 101716 authorizing the City Manager to
execute a lease agreement with Melrose Athletic Club, Inc., for the lease of a parcel of
City -owned property located at 1015 Jamison Avenue, S.E., known as the former Fire
Station No. 6, designated as Roanoke City Official Tax Map No. 4120808, to conduct its
amateur boxing program, fundraisers and general operations, for a term of three years,
commencing on the date the Club, or its designee, first occupies the Fire Station No. 6
Property and the Club will pay an annual rent of $10.00 per year.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, October 17, 2016; and is in full force and effect upon
its passage.
Sincerely,
Stephanie M. Moon Reyno0s, MMC
City Clerk
Enclosure
c: Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Wayne F. Bowers, Director of Economic Development
Cassandra L. Turner, Economic Development Specialist
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, 5. W., Roan 456
Ramake, Virginia 24011 -1536
Telephone: (541))953-2541
Pox: (541)) 953-1145
STEPHANIE M. MOON REYNOLDS, MM(
IPmnll: rlmk(mtnnnokemt....
CECELIA F. MCCOY
('A, Clerk
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
October 19, 2016
Victor Banks, President
Melrose Athletic Club, Inc.
2604 Spring Hill Drive, N. W.
Roanoke, Virginia 24017
Dear Mr. Banks:
I am enclosing copy of Ordinance No. 40682 - 101716 authorizing the City Manager to
execute a lease agreement with Melrose Athletic Club, Inc., for the lease of a parcel of
City -owned property located at 1015 Jamison Avenue, S.E., known as the former Fire
Station No. 6, designated as Roanoke City Official Tax Map No. 4120808, to conduct its
amateur boxing program, fundraisers and general operations, for a term of three years,
commencing on the date the Club, or its designee, first occupies the Fire Station No. 6
Property and the Club will pay an annual rent of $10.00 per year.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, October 17, 2016; and is in full force and effect upon
its passage.
Sincerely,
Stephanie M. Moon Reyno0s, MMC
City Clerk
Enclosure
c: Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Wayne F. Bowers, Director of Economic Development
Cassandra L. Turner, Economic Development Specialist
IN 'I' IIb:COI1N(11,0It'I'I ll! ('I'I'Y UP ROANOKII, VIRGINIA
The 17ah clay of Ocfioher, 2016.
No. 40682- 101716.
AN ORDINANCIi authorizing the ('ily Manager to execute it Icusc agreement with
Melrose Athletic Club, Inc. ( "Club'), iii the (case of it parcel of City-owned property located at
1015 .lamison Avenue, SF:., Roanoke, Virginia, (mown as the former Fire Station No. 6 ("Fire
Station No. 6 Property "), designated its Roanoke City Official Tax Map No. 4120808; and
dispensing with the second reading of this ordinance by title.
WHEREAS, a public hearing was held on October 17, 2016, pursuant to Sections 15.2-
1800 and 15.2 -1813, Code of Virginia (1950), as amended, at which hearing all parties in interest
and citizens were affordod an opportunity to be heard on the proposed lease.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
The City Manager is hereby authorized, to execute, in a form approved by the
City Attorney, a lease agreement with the Club to lease a parcel of City -owned property located
at 1015 Jamison Avenue, S.E., Roanoke, Virginia, designated as Roanoke City Official Tax Map
No. 4120808, to be operated by the Club, or its designee, to conduct its amateur boxing program,
fundraisers and general operations, for a tern of three (3) years, commencing on the date the
Club, or its designee, first occupies the Fire Station No. 6 Property. The Club, or its designee,
will pay an annual rent of $10.00 per year to the City for the use and occupancy of the Fire
Station No. 6 Property, as more particularly described in the City Council Agenda Report dated
October 17, 2016.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
CST: ATT (�� p
"R1 V F^fitRy wr/
City Clerk, U
0 Lose to Melrose Ath1co, Chs - 1015 Jomisoo Ave - Conner hre Smto,n No 6 (10 -17 -16)
aCITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: October 17, 2016
Subject: Public Hearing Regarding the Leasing of Former Fire Station No.
6 Located at 1015 Jamison Avenue, S.E., Official Tax Map No.
4120808, to the Melrose Athletic Club, Inc. (CM16- 00147)
Background:
The City of Roanoke is owner of property located at 1015 Jamison Avenue, S.E.,
Official Tax Map No. 4120808, also known as Former Fire Station No. 6 (Fire
Station). The Fire Station has been vacant for a number of years and is not
currently utilized for any city operational functions. The Melrose Athletic Club,
Inc. (Club), a non - profit organization, has proposed to lease the Fire Station
from the City in order to conduct its amateur boxing program, fundraisers, and
general operations. The Club proposes to lease the property for a 3 year term
under certain terms and conditions as contained in a proposed lease.
The proposed Lease Agreement contains the following provisions: a term of
thee (3) years; a rental rate of $10.00 per year; termination of the lease by
either party with written notice to the other sixty (60) days in advance; the
permitted uses of the Fire Station and permitted hours of operation;
requirement of the Club to provide for general maintenance of the property at
their sole expense, and to pay all utilities and any applicable taxes or fees;
and, a requirement that the Club obtain and maintain appropriate levels of
liability and tenant property insurance.
Pursuant to the requirements of the Virginia Code, the City of Roanoke is
required to hold a public hearing to authorize the leasing of City -owned
property.
Recommended Action:
Absent comments at the public hearing needing further consideration,
authorize the City Manager to execute such Lease Agreement between the City
and the Melrose Athletic Club, Inc. for a term of three (3) years, substantially
similar to the document attached to this report, and to execute such other
documents and to take such further actions as may be necessary to lease the
Fire Station, and to implement, administer, and enforce such Lease Agreement,
with the form of such Lease Agreement and any other documents to be
approved as to form by the City Attorney.
C opher P. Morrill
City Manager
Distribution: Council Appointed Officers
Brian Townsend, Assistant City Manager
Barbara A. Dameron, Director of Finance
Wayne Bowers, Director of Economic Development
Sandra Turner, Economic Development Specialist
54
DRAFT: 10/07/2016
LEASE AGREEMENT
THIS LEASE AGREEMENT ( "Lease Agreement') dated on this day of
, 2016, is entered into between Melrose Athletic Club, Inc., a non -profit
organization organized and existing under the laws of the Commonwealth of Virginia ( "Lessee "),
and the City of Roanoke, Virginia, a municipal corporation organized under the laws of the
Commonwealth of Virginia, hereinafter referred to as ( "City ").
WHEREAS, the City is the owner of property located at 1015 Jamison Avenue, S.E.,
Roanoke, Virginia, bearing Official Tax Map No. 4120808 (also known as former Fire Station No.
6), containing a former fire house structure and adjacent parking lot area ( "Leased Premises ");
WHEREAS, the Melrose Athletic Club, Inc. has proposed to lease the Leased Premises from
the City in order to conduct its amateur boxing program, fundraisers, and general operations; and,
WHEREAS, the City is desirous of leasing the Leased Premises to the Melrose Athletic
Club, Inc. under certain terms and conditions;
WITNESSETH:
I. Leased Premises: That in consideration of the rent provided for herein and the
covenants and agreements set forth below, the City does hereby lease to the Lessee the Leased
Premises as more particularly depicted on a plan marked "Exhibit A" attached hereto and made a
part of this Lease Agreement.
2. Term: The term of this Lease Agreement shall be for three (3) years, commencing on
, 2016, and terminating on , 2019.
3. Rent: Lessee, for and during any term of this Lease Agreement, shall pay rent to the
City for the use and occupancy of the Leased Premises at an annual lease rate of $10.00 per year,
payable in advance to the Office of Billings and Collections, Room 252, 215 Church Avenue, S.W.,
Roanoke, Virginia 24011 -1529.
4. Termination: Either party hereto may terminate this Lease Agreement by giving
written notice to the other party sixty (60) days in advance. The written notice shall identify the date
on which this Lease Agreement shall terminate in accordance with this Section 4. Notwithstanding
the foregoing, this Lease shall automatically terminate and be of no further force or effect in the
event that Lessee fails to use the Leased Premises for the purposes set forth in this Lease Agreement
for a period of thirty (30) consecutive days. In such event, the City shall notify Lessee that this Lease
Agreement has terminated and Lessee shall have no further right or interest in the Leased Premises.
5. Uses of Leased Premises: Lessee may use the Leased Premises for only the purposes
of conducting its amateur boxing program, fundraisers, meetings, and matters ancillary thereto, as
permitted, based on occupancy limits established by the Fire Marshall and Building Commissioner of
the City of Roanoke. Activities associated with the Use of the Leased Premises shall be conducted
only during the hours of 6:00 a. m. and 11:00 p.m., seven days a week.
6. Improvements to Become Property of the City: Any and all improvements made to
the Leased Premises by the Lessee shall become the property of the City upon the expiration of this
Lease Agreement. However, no such improvements shall be made, including those to the parking
area and grounds, without the express prior, written approval of the City Manager, which approval
may be granted or denied in the sole discretion of the City Manager. All approved improvements
shall be made in compliance with applicable local, state, and federal laws, rules, and regulations. The
Lessee shall be responsible, at its sole cost and expense, for all costs and expenses for the approved
improvements, including all permit fees.
7. Maintenance:
(a) The Leased Premises shall be kept neat, clean, orderly, and sanitary at all
times.
(b) During the term of this Lease Agreement, Lessee shall be solely responsible
Old Orc Station N. 6 Ld..
for all maintenance and upkeep of the Leased Premises, including, but not
limited to, interior and exterior cleaning; snow removal; interior painting and
repairs; trimming trees, brush and shrubs; weeding, mowing, trimming and
watering of the lawn and vegetation on the Leased Premises; and, repair of
appliances and heating, ventilation, air conditioning systems, plumbing, and
electrical systems. Lessee shall be responsible for paying all utilities and
charges on the Leased Premises, including, but not limited to, charges for
electricity, water, sewage, storm water, gas, cable, internet, and household
and leasehold taxes, if applicable.
8. Damage to Leased Premises: In the event the Leased Premises, or any part thereof,
are completely destroyed or are so badly damaged so as to practically amount to total destruction, or
if the City, regardless of the extent of the damage, and regardless of the cause, including, but not
limited to, fire, vandalism, robbery, theft, or any other casualty, or from wind, water, storm, rain or
snow or any other cause whatsoever, decides not to rebuild or repair the Leased Premises, orany part
of them, the City may immediately terminate this Lease Agreement, or exclude from the provisions
of this Lease Agreement, any one of the structures in the Leased Premises upon written notice to
Lessee, invitees, guests, or any other person. In such an event, the City shall not be liable to Lessee,
invitees, guests, or any other person or entity for any damages whatsoever for any damage,
compensation or claim arising from the loss of use of the Leased Premises. The City shall not be
liable for any goods, property or personal effects stored or placed in or around the Leased Premises,
and the City shall not in any way be held responsible therefor or liable for damage or injury thereto,
even if the City's conduct, or the conduct of one of its own employees, volunteers, or contractors is a
contributing cause for the damage.
9. Environmental Laws: The Lessee shall maintain and operate the Leased Premises
strictly in accordance with all applicable federal, state and local environmental protection laws,
regulations, rules and orders, including but not limited to those laws relating to the storage, disposal
and presence of Hazardous Substances (the term "Hazardous Substances" used herein has the same
Old Fire N. 6 Lease
meaning as given that term and to the term "hazardous wastes" in 42 U.C.C. §9601), disposal of
solid waste, release or emission of pollutants or Hazardous Substances into the air or soil or into
groundwater or other waters, and erosion and sedimentation control (collectively, "Environmental
Law"). The Lessee covenants that it has either acquired heretofore or shall acquire, prior to or at the
time required by applicable law, all environmental permits and licenses required by any
Environmental Law in connection with the maintenance and operation of the Lessee's business upon
the Leased Premises.
10. Environmental Indemnification: The Lessee shall indemnify, defend and hold the
City, its successors, assigns, directors, officers, employees, volunteers, agents and lenders harmless
from all response costs, damages, expenses, claims, fines and penalties incurred by the City, its
successors, assigns, directors, officers, employees, volunteers, agents and lenders as the result of any
violation by the Lessee of any Environmental Law, or as the result of any necessary repair, cleanup,
closure or detoxification of the Leased Premises or upon land in the vicinity of the Leased Premises
if due to conditions existing upon the Leased Premises or as a result of a misrepresentation made by
the City based upon information supplied by the Lessee to the City. The provisions in this section
shall survive the termination of this Lease Agreement.
11. Environmental Right -of- Entry: The Lessee shall grant and give to the City, its agents
and employees the right and license to enter the Leased Premises, without notice, at any reasonable
time to inspect the Leased Premises or to conduct a reasonable environmental investigation,
including but not limited to an environmental assessment or audit of the Leased Premises to satisfy
the City that the Leased Premises are free from environmental contaminations and hazard. The City
may employ engineers to conduct such investigations on the City's behalf, and the Lessee shal I give
to such engineers the same rights and licenses as the City may have pursuant to this section. The
4
Old Ore S,euon N. 6 Lease
Lessee shall from time to time and upon the request of the City, give to the City or to whomever the
City may designate such assurances as may be necessary to show that the Lessee is in compliance
with any and all Environmental Laws. The City shall use its best efforts to minimize interference
with the Lessee's business but shall not be liable for any interference or halm caused by the City's
exercise of its rights under this section. If any environmental contamination be found, after
conduction any such environmental investigation as required herein, the cost of such investigation
and audit, in addition to all costs required to comply with any Environmental Law and to conduct
necessary cleanup, shall by borne by the Lessee, bear interest at the annual rate of eighteen percent
(18 %) and be payable as additional rent immediately upon written demand thereof.
12. Environmental Disclosures: The Lessee shall disclose to the City at the
Commencement Date of this Lease Agreement, and on January I of each calendar year thereafter (all
such dates being hereinafter called "Disclosure Dates "), including January I of the year after the
termination of this Lease Agreement, the names and amounts of all Hazardous Substances, which
were stored, used or disposed of at the Leased Premises, or which the Lessee intends to store, use or
dispose of at the Leased Premises, for the year prior to and after each Disclosure Date. The City, in
its sole and absolute discretion, may consent or decline to consent to the Lessee's storage or use, or
both, of any Hazardous Substance, provided that (i) the Lessee shall store such matter in leak -proof
containers, (ii) such storage and use does not constitute a violation of any Environmental Law, and
(iii) the Lessee shall use such matter in accordance with all Environmental Laws.
13, Indemnification: The Lessee agrees and binds itself and its successors and assigns to
indemnify, keep and hold the City and its officers, employees, agents, volunteers and representatives
free and harmless from any liability on account of any injury or damage of any type to any person or
property growing out of or directly or indirectly resulting from any act or omission of the Lessee,
Old Fire Station No 6 Lnai
including: (a) the exercise of any right or privilege granted by or under this Lease Agreement or (b)
the failure, refusal or neglect of the Lessee to perform any duty imposed upon or assumed by the
Lessee by or under this Lease Agreement. In the event that any suit or proceeding shall be brought
against the City or any of its officers, employees, agents, volunteers or representatives at law or in
equity, either independently or jointly with Lessee on account thereof, the Lessee, upon notice given
to it by the City or any of its officers, employees, agents, volunteers and representatives, will pay all
costs of defending the City or any of its officers, employees, agents, volunteers and representatives in
any such action or other proceeding. In the event of any settlement or any final judgment being
awarded against the City or any of its officers, employees, agents, volunteers and representatives,
either independently orjointly with the Lessee, then the Lessee will pay such settlement orjudgment
in full or wil I comply with such decree, pay all costs and expenses of whatsoever nature and hold the
City or any of its officers, employees, agents, volunteers and representatives harmless therefrom. For
purposes of this Paragraph, the costs of defending the City or any of its officers, employees, agents,
volunteers and representatives may include the hourly salary rate of any employee of the City
charged with the duty to defend the interests of the City or any of its officers, employees, agents,
volunteers and representatives.
14. Insurance:
a. Requirement of insurance. The Lessee shall, at its sole expense, obtain and
maintain during the life of this Lease Agreement the insurance policies
required by this section. Any required insurance policies shall be effective
prior to the beginning ofany term in which this Lease Agreement is in effect.
In all situations, the Lessee's coverage is primary and non- contributory
with any insurance or self - insurance carried by the City, its agents,
employees or assigns.
(1) Commercial General Liability. Commercial general liability insurance
shall insure against all claims, loss, cost, damage, expense or liability
from loss of life or damage or injury to persons or property arising out
of the Lessee's performance under this Lease Agreement. The
minimum limits of liability for this coverage shall be $1,000,000.00
Old Fire Station No 6 Learn
combined single limit for any one occurrence
(2) Contractual Liability. Broad form contractual liability insurance shall
include the indemnification obligation set forth in section 13 of this
Lease Agreement.
(3) Tenant's insurance. The Lessee shall, at its sole cost and expense,
obtain and maintain during the life of this Lease Agreement a
property insurance policy written on an "all risk" basis insuring all of
the Lessee's personal property, including, but not limited to,
equipment, furniture, fixtures, furnishings, and leasehold
improvements which are the Lessee's responsibility, for not less than
full replacement cost of such property. All proceeds of such insurance
shall be used to repair or replace the Lessee's property.
Umbrella Coverage. The insurance coverages and amounts set forth in
subsections (1) and (2) of this section may be met by an umbrella liability
policy following the form of the underlying primary coverage in a minimum
amount of $1,000,000.00. Should an umbrella liability insurance coverage
policy be used, such coverage shall be accompanied by a certificate of
endorsement stating that it applies to the specific policy numbers indicated
for the insurance providing the coverages required by subsections (I) and (2),
and it is further agreed that such statement shall be made a part of the
certificate of insurance furnished by the Lessee to this City.
C. Evideneeof Insurance. All insurance shall meet the following requirements:
(1) Prior to execution of this Lease Agreement, the Lessee shall furnish
the City a certificate or certificates of insurance showing the type,
amount, effective dates and date of expiration of the policies.
Certificates of insurance shall include any insurance deductibles.
Such certificates shall be attached to this Lease Agreement at the time
of execution of this Lease Agreement and shall be furnished in a
timely fashion to demonstrate continuous and uninterrupted coverage
of all of the required forms of insurance for the entire term of this
Lease Agreement.
(2) The required certificate or certificates of insurance shall include
substantially the following statement: "The insurance covered by this
certificate shall not be canceled or materially altered, except after
thirty (30) days written notice has been received by the Risk
Management Officer for the City of Roanoke."
(3) The required certificate or certificates of insurance shall name the
City of Roanoke, its officers, employees, agents, volunteers and
representatives as additional insureds.
Old fire stetion No 6 Le e
(4) Where waiver of subrogation is required with respect to any policy of
insurance required under this section, such waiver shall be specified
on the certificate of insurance.
(5) Insurance coverage shall be in a form and with an insurance company
approved by the City which approval shall not be unreasonably
withheld. Any insurance company providing coverage under this
Lease Agreement shall be authorized to do business in the
Commonwealth of Virginia.
d. Ranges and Limits. At the end of each lease year, the City shall have the
right to require increases in the amounts of insurance specified above. Any
adjustments shall bear a reasonable relation to any change in the cost of living
or cost of repair or replacement, as measured by changes in the consumer
Price Index of the United States Bureau of Labor Statistics applicable to the
Commonwealth of Virginia or comparable measure if the Consumer Price
Index is no longer being issued.
15. Nonassignabilitv of Lease: The Lessee agrees not to assign this Lease Agreement, or
subject the Leased Premises, or any portion thereof, or transfer possession or occupancy thereof, to
any person or entity without the prior written consent of the City Manager, such consent to be
granted or denied in the sole discretion of the City Manager.
16. Compliance With Law By The Lessee: In the use and maintenance of the Leased
Premises, the Lessee shall fully comply with all local, state, and federal ordinances, laws, and
regulations, and shall be responsible for ensuring that all activities, uses, and structures placed or
located on the Leased Premises comply with Chapter 36.2, Zonin , of the Code of the City of
Roanoke (1979), as amended.
17. Equal Employment Opportunity: During the performance of this Lease Agreement,
the Lessee agrees as follows:
(a) The Lessee will not discriminate against any employee or applicant for
employment because of race, religion, color, sex, national origin, age,
disability, or any other basis prohibited by state law relating to discrimination
in employment, except where there is a bona fide occupational qualification
reasonably necessary to the normal operation of the Leased Premises. The
Old Fire Station Na. 6 Lease
shall:
Lessee agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
(b) The Lessee, in all solicitations or advertisements for employees placed by or
on behalf of the Lessee, will state that the Lessee is an equal opportunity
employer.
(c) Notices, advertisements and solicitations placed in accordance with federal
laws, rules or regulations shall be deemed sufficient for the purpose of
meeting the requirements of this section.
(d) The Lessee will include the provisions of the foregoing subsections 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 the Lessee or its
vendor.
18. Drug -Free Workplace: During the time this Lease Agreement is in force, the Lessee
(a) Provide a drug -free workplace for the Lessee's employees;
(b) 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 Lessee's workplace and specifying the actions
that will be taken against employees for violations of such prohibition;
(c) State in all solicitations or advertisements for employees placed by or on
behalf of the Lessee that the Lessee maintains a drug -free workplace; and
(d) Include the provisions of the foregoing clauses in every subcontract or
purchase order of over ten thousand dollars and no cents ($10,000.00) so that
the provisions will be binding upon each subcontractor or vendor.
For the purpose of this section, "drug -free workplace" means a site for the performance of work done
in connection with this Lease Agreement.
19. Faith -Based Organizations: Pursuant to 82.24343.1 of the Code of Virginia (1950),
as amended, the City does not discriminate against faith -based organizations.
20. Goveming Law: This Lease Agreement shall be governed by and construed in
accordance with the laws of the Commonwealth of Virginia.
Old Fire station No 6 Leese
21. No Third Party Beneficiary: The provisions of this Lease Agreement are for the
exclusive benefit of the parties hereto and not for the benefit of any third person, nor shall this Lease
Agreement be deemed to have conferred any rights, express or implied, upon any third person unless
otherwise expressly provided for herein.
22. Forum Selection And Choice Of Law: By virtue of entering into this Lease
Agreement, the Lessee submits itself to a court of competent jurisdiction in the City of Roanoke,
Virginia, and further agrees that this Lease Agreement 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.
23. Authority Of Representatives: The persons who have executed this Lease Agreement
represent and warrant that they are duly authorized to execute this Lease Agreement in their
respective capacities as indicated.
24. Employment Of Unauthorized Aliens: The Lessee shall not during the time this
Lease Agreement is in force knowingly employ an unauthorized alien as defined in the federal
Immigration Reform and Control Act of 1986.
25. Notice: Any notice, request, or demand given or required to be given under this Lease
Agreement shall, except as otherwise expressly provided herein, be in writing and shall be deemed
duly given only if delivered personally or sent by certified mail, return receipt requested to the
addresses stated below.
To City: City Manager
Room 364, Noel C. Taylor Municipal Building
215 Church Avenue, S. W.
Roanoke, Virginia 24011
IL
Old Fire xdtl.n N. 6 Lease
To Lessee: President
Melrose Athletic Club Inc.
Roanoke, Virginia
Notice shall be deemed to have been given, if delivered personally, upon delivery, and if mailed,
upon the third business day after the mailing thereof.
SIGNATURES APPEAR ON FOLLOWING PAGES
Old Fire Sletioo No 6 Lean
IN WITNESS WHEREOF. the parties hereto have executed this Lease Agreement as of the
day and year first hereinabove written.
ATTEST:
CITY OF ROANOKE, VIRGINIA
City Manager
Stephanie M. Moon Reynolds, City Clerk
COMMONWEALTH OF VIRGINIA § To wit
CITY OF ROANOKE
The foregoing instrument was acknowledged before me this _ day of , 2016, by
Christopher P. Morrill, the duly authorized City Manager of the City of Roanoke, Virginia, a
Virginia municipal corporation, on behalf of the City of Roanoke, Virginia.
My Commission Expires:
Notary Public
Registration No. SEAL
ATTEST: MELROSE ATHLETIC CLUB, INC.
By
Secretary President
Printed Name
COMMONWEALTH OF VIRGINIA § To wit
CITY OF ROANOKE
The foregoing instrument was acknowledged before me this day of , 2016, by
, the duly authorized of Melrose Athletic Club,
Inc., a Virginia non -stock corporation, on behalf of Melrose Athletic Club, Inc..
My Commission Expires:
Notary Public
Registration No. SEAL
12
Old rvo Stal.n N. 6 a,m
Approved as to Form:
City Attorney
Approved as to Execution:
City Attorney
13
Old Fire Station No 6 Lean
EXHIBIT A
PLAN OF LEASED PREMISES
Old Fire Sietion No .6 Lease
14
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The Roanoke Times
Roanoke, Virginia
Affidavit of PubliyRharti i _q, P
L4 j Gelrk
215 CHURCH AVENUE SW RWrn 45L,
ROANOKE. VA 24011
Account Number
6017304
Dale
October 07, 2016
Date Category Description Ad Size Total Cost
10/1312016 Legal Notices NOTICE OF PUBLIC HEARING The Oityof Roanoke( "City ")I 1x67L 375.52
NOTICE OF PUBLIC HEARING
no If, ViGoinla, known
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berme
Publisher of the
Roanoke Times
I, (the undersigned) an authorized representative of the
Roanoke Times, a daily newspaper published in Roanoke, in the
State of Virginia, do certify that the annexed notice NOTICE OF
PUBLIC HEARING was published in said newspapers on the
following dates:
10/07/2016
The First insertion being given ... 10/0712016
Newspaper reference: 0000405951
filling Re es ntative
Sworn to and subscribed before me this Friday, October 7, 2016
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
Notary Publ
State of Virginia
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-
City /County of Roanoke
1 REG15WATION . ) -
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�My Commission expires
'. M m g nes!
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
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NOTICE OF PUBLIC HEARING
The City of Roanoke ( "City ") proposes to lease a parcel of City owned property located
at 1015 Jamison Avenue, S.E., Roanoke, Virginia, known as the former Fire Station No. 6 ( "Fire
Station No. 6 Property "), designated as Official Tax Map No. 4120808, to Melrose Athletic
Club, Inc. ( "Club "), to be operated by the Club, or its designee, to conduct its amateur boxing
program, fundraisers, and general operations at the Fire Station No. 6 Property, for a term of
three (3) years, commencing on the date the Club, or its designee, first occupies the Fire Station
No. 6 Property.
Pursuant to the requirements of Sections 15.2 - 1800(6) 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 Monday, October
17, 2016, commencing at 7:00 p.m., or as soon as the matter may be heard, in the Council
Chamber, 4th Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W.,
Roanoke, Virginia, 24011. Copies of the proposed Lease Agreement and the proposed ordinance
will be available at the City Clerk's Office, Room 456, Noel C. Taylor Municipal Building, 215
Church Avenue, S.W., Roanoke, Virginia, 24011, on and after Friday, October 7, 2016. For
further information on the matter, you may contact the Office of the City Clerk at (540)853-
2541.
All parties and interested entities may appear on the above date and time to be heard on
the above matter.
If you are a person with a disability who needs accommodations for this hearing, please
contact the City Clerk's Office at (540) 853 -2541, before 12:00 noon on Thursday, October 13,
2016.
GIVEN under my hand this 7th day of October, 2016.
Stephanie M. Moon Reynolds
City Clerk.
PH Notice-Lease former Fire Station No 6 to Melrose Athletic Club (10 17 .16)
Note to Publisher:
Please publish in full once in the Legal Section of the Roanoke Times, on Friday, October 7
2016.
Please send affidavit of publication to:
Stephanie M. Moon Reynolds, City Clerk
4" Floor, Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 456
Roanoke, Virginia, 24011
Please send bill to:
R. Brian Townsend, Assistant City Manager
For Community Development
215 Church Avenue, S.W., Room 364
Roanoke, Virginia, 24011
PH Notice -Laice— (caner Fire Staliun No 6 to Melrose Athletic Club (10 .17 16)
CE( ELIA "1'. WEBB, CMC
Assinanl Dcpnly City Ckrk
October 19, 2016
Dave Orndorff
Executive Director
Blue Ridge Zoological Society of Virginia, Inc.
2404 Prospect Road
Roanoke, Virginia 24014
Dear Mr. Orndorff:
I am enclosing copy of Ordinance No. 40683 - 101716 authorizing the City Manager to
execute a lease agreement with the Blue Ridge Zoological Society of Virginia, Inc., for
the lease of City -owned property located in the City of Roanoke being the top portion of
that land commonly referred to as "Mill Mountain," designated as Roanoke City Official
Tax Map Nos, 4070507, 4070521, and 4060505, to be used by the Society to operate
and maintain the Mill Mountain Zoo, upon certain terms and conditions.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, October 17, 2016; and is in full force and effect upon
its passage.
Sinnccer�ely,,' / n n
Stephanie M. Moon Re olds, C
City Clerk
Enclosure
c: Lucy A. Cook, Executive Director, Mill Mountain Zoo, P. O. Box 13484, Roanoke,
Virginia 24034
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Michael Clark, Parks and Recreation Manager
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Cluu"ch Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
TO,,1 — (540)853 -2541
Fn.r: (540)853 -1145
STEPHANIE M. MOON RF.VNOLOS, MM(
E-null: clerkpnronnokeva ' a0° ('E('ELIAF.MCCOY
City Clerk
Depmy City C'Ierk
CE( ELIA "1'. WEBB, CMC
Assinanl Dcpnly City Ckrk
October 19, 2016
Dave Orndorff
Executive Director
Blue Ridge Zoological Society of Virginia, Inc.
2404 Prospect Road
Roanoke, Virginia 24014
Dear Mr. Orndorff:
I am enclosing copy of Ordinance No. 40683 - 101716 authorizing the City Manager to
execute a lease agreement with the Blue Ridge Zoological Society of Virginia, Inc., for
the lease of City -owned property located in the City of Roanoke being the top portion of
that land commonly referred to as "Mill Mountain," designated as Roanoke City Official
Tax Map Nos, 4070507, 4070521, and 4060505, to be used by the Society to operate
and maintain the Mill Mountain Zoo, upon certain terms and conditions.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, October 17, 2016; and is in full force and effect upon
its passage.
Sinnccer�ely,,' / n n
Stephanie M. Moon Re olds, C
City Clerk
Enclosure
c: Lucy A. Cook, Executive Director, Mill Mountain Zoo, P. O. Box 13484, Roanoke,
Virginia 24034
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Barbara A. Dameron, Director of Finance
Michael Clark, Parks and Recreation Manager
ohs
IN'I'I Ili COIIN('II_ OF'I'I II? ('I I Y OF ROANOKE, VIRGINIA
Tao, 17th dey nr (lc.[obe r, 2016.
No. 40689- 101716.
AN ORDINANCE authorizing the City Manager to execute a (case agreement with the
Blue Ridge Zoological Society of Virginia, Inc., for the lease of City -owned property located in
(he City of Roanoke being the top portion ofthat land commonly rufarod to as "Mill Mountain,"
designated its Roanoke City Official 'fax Map Nos. 4070507, 4070521, cold 4060505; and
dispensing with the second reading of this ordinance by title.
WHEREAS, a public hearing was held on October 17, 2016, pursuant to Sections 152-
1800 and 152 -1813, Code of Virginia (1950), as amended, at which healing 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:
I. The City Manager is hereby authorized, to execute, in a form approved by the
City Attorney, a lease agreement with the Blue Ridge Zoological Society of Virginia, Inc. ( "the
Zoo "), to lease City-owned property located in the City of Roanoke being the top portion of that
land commonly referred to as "Mill Mountain," designated as Roanoke City Official Tax Map
Nos. 4070507, 4070521, and 4060505, to be used by the Blue Ridge Zoological Society of
Virginia, Inc., to operate and maintain the Mill Mountain Zoo. The new lease and agreement
provides for the following provisions: an initial tern of one (1) year, with up to fora additional
one (1) year terms upon mutual agreement of the parties, provided that either party may
terminate the lease agreement with or without cause at any time during either the initial or any of
the renewal terms with sixty (60) days' written notice; an annual (ease payment from the Zoo to
the City of $10 per year; the City providing a maximum of sixty (60) hours of tree maintenance
0 Le. W - Mill Mountain Zoo 10.1716.d.c
and removal services per calendar yCr; annual fiscal year opanling contributions of $33,120
from the City to the Zoo; and, responsibility of the Zoo for all operating and maintcnance costs
above the $33,120 contribution by the City, in addition to other certain toms and conditions, and
as more particularly desmibed in the City Council Agenda Report dated October 17, 2016.
Pursuant to the provisions of S sell oil 12 of the City Charley, the second reading of
this ordinance by title is hereby dispensed with.
AT ITST:
0- �
City Clerk._
0 -Lease - Mill W L1111 In Zoo 10 . 17 J 6 do,
eCITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: October 17, 2016
Subject: Mill Mountain Zoo Lease and Agreement (CM16- 00146)
Background
Pursuant to the requirements of the Code of Virginia, the City of Roanoke is
required to hold a public hearing to authorize the leasing of City -owned
property, designated as portions of tax map numbers 4070507, 4070521, and
4060505, to the Blue Ridge Zoological Society of Virginia, Inc. (BRZSV). The
BRZSV is a non - profit organization which leases property on Mill Mountain for
the purpose of operating and maintaining the Mill Mountain Zoo.
The previous lease with BRZSV expired June 30, 2016, and the parties had been
diligently working to finalize a new lease. City Council held a public hearing on
August 15, 2016 on a proposed lease and authorized its execution. However, a
provision of that proposed lease, and of the lease which expired on June 30,
2016, required the BRZSV to maintain accreditation by the American Zoo and
Aquarium Association (AZA). If such accreditation was lost, the BRZSV would be
required to pay the City an annual lease rate of $5,010.00 per year. The BRZSV
recently announced that its AZA accreditation for the Mill Mountain Zoo was not
being renewed.
The revised proposed lease is very similar to the version authorized by City
Council on August 15, 2016. The revised proposed lease and agreement
provides for the following provisions: an initial term of one (1) year, with up to
four additional one (1) year terms upon mutual agreement of the parties,
provided that either party may terminate the lease agreement with or without
cause at any time during either the initial or any of the renewal terms with sixty
(60) day written notice; an annual lease payment from BRZSV to the City of
$10, with the removal of the previous provision related to the loss of AZA
accreditation as it pertained to an increased annual lease payment amount; the
City providing a maximum of sixty (60) hours of tree maintenance and removal
services per calendar year; annual fiscal year operating contributions of
$33,120 from the City to the BRZSV; and, responsibility of BRZSV for all
operating and maintenance costs above the $33,120 contribution bythe City.
Recommended Action:
Authorize the City Manager to execute a lease with BRZSV, similar in form to
that which is attached to this report, for a period of one (1) year, subject to up
to four additional one -year term renewals upon mutual agreement of the
parties, retroactive to July 1, 2016. Such lease shall be approved as to form by
the City Attorney.
_(D ---- - ----------
CHRISTOPHER P. MORRILL
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager
Barbara A. Dameron, Director of Finance
Michael Clark, Parks and Recreation Manager
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ITA ID: 4070507' t,
x
MAP SHOWING AREATO BE LEASED BY
THE BLUE RIDGE ZOOLOGICAL SOCIETY
FROM THE
CITY OF ROANOKE, VA
SITUATE ON MILL MOUNTAIN
TOTAL LEASE AREA= 12.6 ACRES
a 0 SO 100 200
"1rti!j y)�� vFeet
DATE OF MAP 12 APRt &12 CREATED BY GIC TEAM I Fh
THIS DRAWING WAS CREATED USING RECORDS ON HAND AT THE
6 UNTAyINK '0 CITY OF ROANOKE AND DOES NOT CONSTITUTE A LEGAL SURVEY
MIR.•� +.` ALL NUMBERS SHOULD BE CONSIDERED APPROXIMATE.
Exhtblt A
THIS LEASE AND AGREEMENT (hereinafter referred to as "Agreement "), made and
entered into this the I` day of July, 2016, by and between the CITY OF ROANOKE, hereinafter
referred to as the "City," and BLUE RIDGE ZOOLOGICAL SOCIETY OF VIRGINIA, INC.,
hereinafter referred to as the "Lessee ":
WITNESSETH:
WHEREAS, the City is the owner of certain land located in the City of Roanoke being
the top portion of that land commonly referred to as "Mill Mountain," which heretofore was
donated to the City for use and development as a recreational area for the general public; and
WHEREAS, situate on the aforementioned land is a facility commonly known as "Mill
Mountain Zoo;" and
WHEREAS, Blue Ridge Zoological Society of Virginia, Inc., a non -profit organization,
having offered to enter into an agreement with the City providing for its lease of the area in
which the Mill Mountain Zoo is located and providing for the corporation's continued operation
of the Mill Mountain Zoo, the City considers that such proposal would further the purposes for
which the land is held by it.
NOW, THEREFORE, the parties hereto enter into the following agreement concerning
the operation, maintenance and leasing of the aforesaid Mill Mountain Zoo facility:
I. Leased Premises:
(a) This Agreement shall govern that certain parcel of land on the top of Mill
Mountain described in, and attached to this Agreement as, Exhibit A, the description in such
Exhibit A being incorporated by reference herein, and that certain facility thereon identified as
Mill Mountain Zoo, such land, improvements being referred to as the Premises. The Premises
shall not include the miniature Zoo Chou train, its facilities, tracks and all equipment, machinery
and tools purchased by the Lessee and used in the operation of the Mill Mountain Zoo and not
permanently attached to the real property of the City. Title to the Premises, and any of the
articles of the property owned by the City on the first (1") day of this Agreement, shall remain in
the City. Furthermore, the Lessee will have reasonable and necessary rights of access to the
Premises over adjacent property of the City.
(b) Upon termination of this Agreement, and cessation of operation of a zoo
on the Premises, the Lessee shall deliver to the City the Premises in the same condition as the
Premises, or any additions thereto, were originally received, less normal wear and tear. In
addition, Lessee shall be responsible for the removal of the Zoo Choo train, its facilities, tracks
and equipment, within one hundred eighty (180) days of termination of this Agreement.
2. Consideration and Term: For and in consideration of the Lessee operating and
maintaining a zoo for animals for the benefit of the general public ( "Mill Mountain Zoo") and
other good and valuable consideration, the sufficiency of which is acknowledged, the City does
hereby lease the Premises to the Lessee for the sum of Ten Dollars and No Cents ($10.00) per
year. The first of such payments shall be due within thirty (30) days after both parties have
executed this Agreement, and each payment thereafter shall be due before July I` of each year
this Agreement is in force. The first term shall commence on the I` day of July, 2016, and end
on the 30" day of June, 2017, subject to the termination rights of the City and the Lessee as set
forth below. The Agreement, or any amended version of the same, may be renewed for
additional one (1) year terms, commencing on the 1" day of July, and ending on the next 30" day
of June, upon the mutual written agreement of the parties, for up to four (4) additional one (1)
year terms after the initial one (1) year term ends on June 30, 2017.
2
3. Termination: This Agreement may be terminated by either party at any time, for
any cause, or no cause, upon sixty (60) days written notice signed on behalf of either party.
4. Services Provided by City and others: The Lessee shall pay for all utilities,
including water, sewer, septic, telephone, cable, gas, electricity and solid waste removal,
consumed, used or needed, by the Lessee. The City shall forward to Lessee a check in the
amount of Thirty Three Thousand One Hundred Twenty Dollars and No Cents ($33,120.00),
within thirty (30) days after execution of this Agreement, and within thirty (30) days of the first
(1st) day of July each term this Agreement is in force thereafter, for such services. In the event
Lessee spends more than $33,120.00 for such services, Lessee remains liable for such expenses.
In the event the Lessee connects to the sanitary sewer system operated and maintained by the
Western Virginia Water Authority, the cost of such connection, operation and maintenance shall
be paid by Lessee. The City shall not be obligated hereunder to make any capital improvement
or expenditure of any kind on the leased Premises, and the City shall be under no duty to repair
or replace the Premises, or any part or portion thereof, during the tern of this Agreement. The
City shall provide a maximum of sixty (60) hours tree maintenance and removal services per
calendar year. The Lessee will be responsible, at the Lessor's discretion and in accordance with
the Lessor's schedule, for such services beyond sixty (60) hours. Failure to comply by the
Lessee with the schedule established by the Lessor will constitute an agreement by the Lessee to
allow the Lessor to perform such services, or have such services performed by a third party at the
request of the Lessor, at the sole expense of the Lessee either in the form of a reduction of any
funding authorized under this Agreement during any year the Agreement is in force or in the
form of payment within fifteen days of receipt of an invoice from the City. The Lessee shall not
remove any tree, or maintain any tree, on the Premises, until such removal or maintenance has
3
been reviewed and approved in writing by the City's Urban Forester. In the event Lessee spends
more than Thirty Three Thousand One Hundred Twenty Dollars and No Cents ($33,120.00) for
such services, Lessee remains liable for such expenses.
5. Insurance Requirements Section:
The Lessee shall meet the following insurance requirements:
A. Neither the Lessee nor any subcontractor shall commence work under this
Agreement until the Lessee has obtained and provided proof of the required insurance coverages
to the City, and such proof has been approved by the City. The Lessee confirms to the City that
all subcontractors have provided Lessee with proof of such insurance, or will do so prior to
commencing any work under this Agreement.
B. Lessee, including all subcontractors, shall, at its and /or their sole expense,
obtain and maintain during the life of this Agreement the insurance policies and /or coverages
required by this section. The City and its officers, employees, agents, assigns, and volunteers
shall be added as an additional insured to the general liability and automobile coverages of any
such policies and such insurance coverages shall be primary and noncontributory to any
insurance and /or self insurance such additional insureds- may have. The Lessee shall
immediately notify in writing the City of any changes, modifications, and /or termination of any
insurance coverages and /or policies required by this Agreement. The Lessee shall provide to the
City with the signed Agreement an Acord certificate of insurance which states in the description
of operations section one of the two paragraphs below:
(1) The City and its officers, employees, agents, assigns, and
volunteers are additional insureds as coverage under this policy includes ISO endorsement CG
20 33 which provides that the insured status of such entities is automatic if required by an
4
agreement or a written agreement. If additional insured status is automatic under a different
coverage form, Lessee must attach a copy of the coverage form to its certificate. Any required
insurance policies shall be effective prior to the beginning of any work or other performance by
Lessee and any subcontractors under this Agreement.
M
(2) ISO endorsement CG 20 10 will be issued, prior to the beginning
of any work or other performance by Lessee under this Agreement, to the City and its officers,
employees, agents, assigns, and volunteers naming them as an additional insured under the
general liability coverage. A copy of the binder confirming the issuance must be attached to the
certificate. Any required insurance policies shall be effective prior to the beginning of any work
or other performance by Lessee and any subcontractors under this Agreement.
C. The minimum insurance policies and/or coverages that shall be provided
by the Lessee, including its subcontractors, include the following:
(1) Commercial General Liability: $1,000,000.00
$1,000,000.00 General Aggregate Limit (other than Products /Completed Operations).
$1,000,000.00 Products /Completed Operations Aggregate Limit.
$1,000,000.00 Personal Injury Liability (including liability for slander, libel, and defamation of
character).
$1,000,000.00 each occurrence limit
(2) Automobile Liability: $1,000,000.00 combined single limit with
applicable endorsement to cover waste cargo.
(3) Workers' Compensation and Employer's Liability:
Workers' Compensation: statutory coverage for Virginia
5
Employer's Liability:
$100,000.00 Bodily Injury by Accident each occurrence
$500,000.00 Bodily Injury by Disease Policy Limit.
$100,000.00 Bodily Injury by Disease each employee.
(4) The required limits of insurance for this Agreement may be
achieved by combining underlying primary coverage with an umbrella liability coverage to apply
in excess of the general and automobile liability policies, provided that such umbrella liability
policy follows the form of the underlying primary coverage.
(5) Such insurance policies and /or coverages shall provide for
coverage against any and all claims and demands made by a person or persons or any other entity
for property damages or bodily or personal injury (including death) incurred in connection with
the services, work, items, and /or other matters to be provided under this Agreement with respect
to the commercial general liability coverages and the automobile liability coverages. With
respect to the workers' compensation coverage, Lessee's and its subcontractors' insurance
company shall waive rights of subrogation against the City and its officers, employees, agents,
assigns, and volunteers.
D. Proof of Insurance Coverage:
(1) Lessee shall furnish the City with the above required certificates of
insurance showing the type, amount, effective dates, and date of expiration of the policies.
(2) Where waiver of subrogation is required with respect to any policy
of insurance required under this Section, such waiver shall be specified on the certificate of
insurance.
E. Insurance coverage shall be in a form and with an insurance company
6
approved by the City, which approval shall not be unreasonably withheld. Any insurance
company providing coverage under this Agreement shall be authorized to do business in the
Commonwealth of Virginia.
F. The Lessee's insurance policies and /or coverages shall not contain any
exclusions for the Lessee's subcontractors.
G. The continued maintenance of the insurance policies and coverages
required by the Agreement is a continuing obligation, and the lapse and /or termination of any
such policies or coverages without approved replacement policies and /or coverages being
obtained shall be grounds for termination of the Lessee for default.
H. Nothing contained in the insurance requirements is to be construed as
limiting the liability of the Lessee, and /or its subcontractors, or their insurance carriers. The City
does not in any way represent that the coverages or the limits of insurance specified are sufficient
or adequate to protect the Lessee's interest or liabilities, but are merely minimums. The
obligation of the Lessee, and its subcontractors, to purchase insurance shall not in any way limit
the obligations of the Lessee in the event that the City or any of those named above should suffer
any injury or loss in excess of the amount actually recoverable through insurance. Furthermore,
there is no requirement or obligation for the City to seek any recovery against the Lessee's
insurance company before seeking recovery directly from the Lessee.
6. Indemnification and Hold Harmless: The Lessee agrees to indemnify and hold
harmless the City, its officers, agents, volunteers, and employees, from any and all claims, legal
actions and judgments and for expenses, including attorney fees, incurred in this regard, arising
out of the Lessee's intentional acts and negligent acts or omissions with respect to the rights or
privileges granted by the City to the Lessee in this Agreement.
7
7. Compliance with Law: The Lessee agrees to design, construct, operate and
maintain the Premises and the Mill Mountain Zoo in compliance with all applicable laws,
regulations and ordinances, and the Lessee agrees to employ and provide sufficient personnel for
the proper operation of the Mill Mountain Zoo.
S. Ownership of Animals: The animals on hand at the commencement of this
Agreement shall be the property of the Lessee and may be disposed of or sold by the Lessee so
long as the Premises are subject to this Agreement. Animals born to or sired after the
commencement of this Agreement, and all breeding interest therein or rights thereto shall be the
property of the Lessee when the animals are bom, sired or otherwise acquired. All animals
purchased by the Lessee shall remain the property of the Lessee and may be sold or otherwise
disposed of by said Lessee. The Lessee shall provide adequate care and housing for all animals
upon and after the commencement of this Agreement.
9. Alterine Premises by Lessee: The City agrees that the Lessee shall have the right
to alter or remove existing and future improvements or facilities on the Premises, subject in all
cases, to the written approval of the City Manager of the City of Roanoke first obtained, mid
upon the condition that the City determines that any such activity is not detrimental to the City's
overall development of Mill Mountain as a recreational area and subject further to the Lessee
providing, prior to any construction or similar activity, such liability insurance and labor and
material payment bonding as may be required by the City. The Lessee recognizes and agrees
that there shall be no expansion of the boundaries of the Mill Mountain Zoo without prior
approval of Roanoke City Council.
10. Additions to Premises: All improvements constructed subsequent to the date of
this Agreement by the Lessee and permanently attached to the Premises with the exception of
8
such improvements related to the Zoo Choo train, its tracks, equipment and facilities, shall
become the property of the City at the termination of this Agreement. All equipment, machinery
and tools purchased by the Lessee and used in the operation of the Mill Mountain Zoo and not
permanently attached to the real property of the City shall remain the property of the Lessee.
11. Concession: The Lessee shall have the exclusive control of and right to all
concession sales and revenue therefrom on the Premises during the tern of this Agreement.
12. Operation of Mill Mountain Zoo: All matters of management, operation and
policy for the Mill Mountain Zoo, including admissions charges, hours of operation and the like
shall be in the discretion of the Lessee, but the Lessee agrees to comply with all applicable
federal, state and local ordinances, rules and regulations relative to the use of Mill Mountain and
applicable to the Premises. Any applicable admissions taxes imposed, generally, by the City, the
Commonwealth of Virginia or other governmental agencies having jurisdiction, shall be
collected, reported, and accounted for, by the Lessee, and paid to the City, as provided by
general ordinance or law.
13. Compliance With Environmental Protection Laws:
(a) The Lessee covenants and agrees to design, construct, maintain and
operate the Premises and the Mill Mountain Zoo strictly in accordance with all applicable
federal, state and local environmental protection laws, regulations, rules and orders, including
but not limited to those laws relating to the storage, disposal and presence of Hazardous
Substances (the tern "Hazardous Substances" used herein has the same meaning as given that
tern and to the tern "hazardous wastes" in 42 U.S.C. §9601), disposal of solid waste, release or
emission of pollutants or Hazardous Substances into the air or soil or into groundwater or other
waters, applicable water and sewer regulations, and erosion and sedimentation control
6
(collectively, "Environmental Law "). The Lessee covenants that it has either acquired heretofore
or shall acquire, prior to or at the time required by applicable law, all environmental permits and
licenses required by any Environmental Law in connection with the maintenance and operation
of the Mill Mountain Zoo.
(b) The Lessee covenants that it shall indemnify, defend and hold the City, its
successors, assigns, directors, officers, employees, volunteers, agents and lenders harmless from
all response costs, damages, expenses, claims, fines and penalties, including attorney fees,
incurred by the City, its successors, assigns, directors, officers, employees, volunteers, agents
and lenders as the result of any violation by Lessee, or any predecessor in interest to or any
person acting with permission of Lessee of any Environmental Law or as the result of any
necessary repair, cleanup, closure or detoxification of the property upon which the Mill
Mountain Zoo is located or upon land in the vicinity of the Mill Mountain Zoo if due to
conditions caused by the Lessee, predecessor in interest to or any person acting with permission
of Lessee, or as a result of a misrepresentation made by the City based upon information
supplied by the Lessee to the City. These provisions in this section shall survive the termination
of this Agreement.
(c) The Lessee shall immediately notify and advise the City of (i) any and all
enforcement, cleanup, removal, investigation or other governmental or regulatory actions
instituted or threatened against the Lessee with respect to any Environmental Law applicable to
the Zoo, and (ii) any and all claims made or threatened by any third person against the City, or
the Lessee relating to any Environmental Law applicable to the City or the Lessee, or the Mill
Mountain Zoo or to injury to any person or property because of a Hazardous Substance on or
from the Mill Mountain Zoo.
10
(d) The Lessee hereby grants and gives to the City, its agents and employees
the right and license to enter the Mill Mountain Zoo, without notice, at any reasonable time to
inspect the Mill Mountain Zoo or to conduct a reasonable environmental investigation, including
but not limited to an environmental assessment or audit of the Mill Mountain Zoo to satisfy the
City that the Mill Mountain Zoo is free from environmental contaminations and hazards. The
City may employ engineers to conduct such investigations on the City's behalf, and the Lessee
shall give to such engineers the same rights and licenses as the City may have pursuant to this
Section. The Lessee shall from time to time and upon the request of the City, give to the City or
to whomever the City may designate such assurances as may be necessary to show that the Mill
Mountain Zoo is in compliance with any and all Environmental Law. The City shall use its best
efforts to minimize interference with the Lessee's business but shall not be liable for any
interference or harm caused by the City's exercise of its rights under this Section.
(e) At the commencement date of this Agreement, and on July 1 of each year
thereafter (all such dates being hereinafter called "Disclosure Dates "), including July 1 of the
year after the termination of this Agreement, the Lessee shall disclose in writing to the City
Manager and the Environmental Specialist for the City of Roanoke, 215 Church Avenue, S.W.,
Room 364, Roanoke, Virginia 24011, the names and amounts of all Hazardous Substances,
which were stored, used or disposed of at the Mill Mountain Zoo, or which the Lessee intends to
store, use or dispose of at the Mill Mountain Zoo, for the year prior to and after each Disclosure
Date. The City, in its sole and absolute discretion, may consent or decline to consent to the
Lessee's storage or use, or both, of any Hazardous Substance, provided that (i) the Lessee shall
store such matter in leakproof containers, (ii) such storage and use does not constitute a violation
of any Environmental Law, and (iii) the Lessee shall use such matter in accordance with all
Environmental Law.
14. Removal of Structures and Animals:
(a) At the expiration or termination of the Agreement, if it becomes necessary
to remove structures on the premises, or to dispose of, or transfer animals, Lessee agrees to
remove such structures, or dispose of, or transfer such animals at its own expense within a
reasonable time after notice from the City. All demolition and related work, and all disposition
or transfer of animals, shall be done diligently and in conformity with all legal and safety
requirements, in a good and workmanlike manner, and in accordance with any reasonable
standards required by the City.
(b) In the event that the Agreement is terminated by either party at any time,
or in the event that the Agreement lapses by its own terms, the Lessee will take on the
responsibility of properly closing the Zoo and maintaining, relocating or selling in a proper
manner the collection of animals acquired or maintained by the Lessee at the time of termination
or lapse. Such relocation or sale of animals shall take place in accordance with the guidelines
and regulations promulgated by the AZA and the United States Department of Agriculture in
effect at the time of such termination or lapse.
15. Assignment of Lease: The Lessee shall have no right to assign or sublet the
Premises, or any portion thereof, to any other party without the prior written consent of the City,
which consent shall not be unreasonably withheld or delayed. If such consent is given, however,
it is with the understanding that notwithstanding the sublease or assignment, the Lessee shall,
nevertheless remain liable to the City pursuant to the provisions in this Agreement. The Lessee
shall deliver a fully- executed copy of any permitted assignment or sublease to the City
immediately upon its execution. In the event the City consents to an assignment or sublease,
12
such consent shall not approve future subleases or assignments of all or any portion of the
Premises, which right is specifically reserved.
16. Non- Discrimination: During the performance of this Agreement, the Lessee
agrees as follows:
(a) The Lessee 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 for the normal operation of the Lessee.
The Lessee agrees to post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this nondiscrimination clause.
(b) The Lessee, in all solicitations or advertisements for employees placed by
or on behalf of the Lessee, will state that such Lessee is an equal opportunity employer.
(c) Notices, advertisement and solicitations placed in accordance with federal
law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of
this section.
(d) The Lessee will include the provisions of the foregoing subsections 16 (a),
(b) and (c) in every agreement or purchase order of over ten thousand dollars and no cents
($10,000.00) so that the provisions will be binding upon each Lessee or vendor.
17. The Lessee will: (i) provide a drug -free workplace for the Lessee's employees;
(ii) post in conspicuous places, available to employees and applicants for employment, a
statement notifying employees that the unlawful manufacture, sale, distribution, dispensation,
possession, or use of a controlled substance or marijuana is prohibited in the Lessee's workplace
and specifying the actions that will be taken against employees for violations of such prohibition;
13
(iii) state in all solicitations or advertisements for employees placed by or on behalf of the Lessee
that the Lessee 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. For the purpose of this subsection, "drug -free
workplace" means a site for the performance of work done in connection with this Agreement.
18. Negotiation: This Agreement has been fully negotiated by and between the
parties and shall be construed as if both parties had an equal responsibility in the drafting hereof.
19. Entire Agreement: This Agreement represents the entire integrated agreement
between the parties and supersedes all prior negotiations, representations or agreements, either
written or oral. This Agreement shall not be amended or modified except by written instrument
signed by both parties.
20. Successors: Except as otherwise specifically provided herein, the terms and
provisions of this Agreement shall be binding upon, and shall inure to the benefit of, the
successors and assigns of the parties.
21. No Waiver: No failure of any party to insist upon strict observance of any
provision of this Agreement, and no custom or practice of the parties at variance with the terns
hereof, shall be deemed a waiver of any provision of this Agreement in any instance.
22. Notice: Any notice, request, or demand given or required to be given under this
Agreement shall, except as otherwise expressly provided herein, be in writing and shall be
deemed to have been given when mailed by United States Registered Mail, postage prepaid, to
the other party at the address stated below.
To the City: City Manager
Room 364, Noel C. Taylor Municipal Building
215 Church Avenue, S. W.
Roanoke, VA 24011
14
To the Lessee: Blue Ridge Zoological Society of Virginia, Inc.
c/o Mill Mountain Zoo
P. O. Box 13484
Roanoke, VA 24034
15
IN WITNESS WHEREOF, the parties hereto have executed the same as of the day and
year first above written:
ATTEST:
Stephanie M. Moon, City Clerk
ATTEST:
By
Secretary
Approved as to Form:
Assistant City Attorney
CITY OF ROANOKE
By
Christopher P. Morrill
City Manager
BLUE RIDGE ZOOLOGICAL SOCIETY
OF VIRGINIA, INC.
0
Approved as to Execution
Assistant City Attorney
16
The Roanoke Times
F�oyP,okR„Y'rgigG2i;iHH
BLUE RIDGE ZOOLOGICAL SOCIETY OF
VIRGINIA INC.
CITY CLERK
NOEL C. TAYLOR MUNICIPAL BUILDING
215 CHURCH AVE. S.W.
ROANOKE, VA 24011
Account Number
6055943
gate
October 10, 2016
Date
Category
Description
Ad Size
Total Cost
10116/2016
Legal Notices
NOTICE OF PUBLIC HEARING
The City of Roanoke propose
1 x ]9 L
494.23
NOTICE OF PUBLIC HEARING
°b t
city 111k
Publisher of the
Roanoke Times
1, (the undersigned) an authorized representative of the
Roanoke Times, a daily newspaper published in Roanoke, in the
State of Virginia, do certify that the annexed notice NOTICE OF
PUBLIC HEARING was published in said newspapers on the
following dates:
1IIno12016
The First insertion being given ... 10110/2016
Newspaper reference: 0000407565
C
Billing 6presentative
Sworn to and subscribed before me this Monday, October 10, 2016
State of Virginia
City/County of Roanoke
My Commission expires
�. Nw
arlr;'slnN
GAL
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�CIILPl
Tu
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to lease City-owned property, designated as portions of
Official Tax Map numbers 4070507, 4070521, and 4060505, to the Blue Ridge
Zoological Society of Virginia, Inc. (BRZSV), for the purpose of operating and
maintaining Mill Mountain Zoo. The new lease and agreement provides for the
following provisions: an initial term of one (1) year, with up to four (4) additional one
(1) year terms upon mutual agreement of the parties, provided that either party may
terminate the lease agreement with or without cause at any time during either the initial
or any of the renewal terms with sixty (60) day written notice; an annual lease payment
from BRZSV to the City of $10 per year; the City providing a maximum of sixty (60)
hours of tree maintenance and removal services per calendar year; annual fiscal year
operating contributions of $33,120 from the City to the BRZSV; and, responsibility of
BRZSV for all operating and maintenance costs above the $33,120 contribution by the
City.
Pursuant to the requirements of Virginia Code Sections 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 Monday. October 17, 2016, commencing at 7:00 p.m., or as soon as the matter
may be heard, in the Council Chamber, 4`h Floor, Noel C. Taylor Municipal Building,
215 Church Avenue, S.W., Roanoke, Virginia, 24011. A copy of the proposed lease is
available for review at the Office of the City Clerk, Room 456, Noel C. Taylor Municipal
Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, on and after Monday.
October 10, 2016. Further information is available from the Office of the City Clerk for
the City of Roanoke at (540) 853 -2541.
Citizens shall have the opportunity to be heard and express their opinions on said
matter.
If you are a person with a disability who needs accommodations for this hearing,
please contact the City Clerk's Office at (540) 853 -2541, before 12:00 noon on Thursday,
October 11, 2016.
GIVEN under my hand thisday of , 2016.
Stephanie M. Moon Reynolds,
City Clerk
PLEASE PUBLISH ONCE IN THE LEGAL ADS, ROANOKE TIMES, ON MONDAY,
OCTOBER 10, 2016.
Send Publisher's Affidavit to:
City Clerk
Noel C. Taylor Municipal Building,
Room 456
215 Church Avenue, S.W.
Roanoke, VA 24011
Send Bill to:
Blue Ridge Zoological Society of Virginia, Inc.
c/o Mill Mountain Zoo
P. O. Box 13484
Roanoke, VA 24034
r
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone (540)853 -2541
Fnx: (541)853 -1145
STEPHANIE M. MOON REYNOLDS, MMC
F- nniil: clerk(mrxnnxkevx.g °C
('EC'E1AAF.M000Y
('1(p Clerk
Dcpnry, City Clerk
C'ECELIA T. WEDR, CMC
October 19, 2016
Ay,k n[ D,.N Ciry Clerk
Paul C. Aughtry, III, Manager
South Commonwealth Partners, LLC
Windsor /Aughtry Company, Inc., Suite 500
40 West Broad Street
Greenville, South Carolina 29601
Dear Mr. Aughtry:
I am enclosing copy of Ordinance No. 40684 - 101716 accepting the bid of South
Commonwealth Partners, LLC, to acquire, buy, execute, and accept certain easements
on City -owned properties identified as Official Tax Map Nos. 4015004 (25 Church
Avenue, S.E.), and 4015003 (106 Franklin Road, S.E.), as set forth in a Deed of
Easements, Confirmatory Deed of Easement Rights and Obligations, upon certain
terms and conditions, for development, construction, operation, and maintenance of a
hotel with 127 rooms.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, October 17, 2016; and is in full force and effect upon
its passage.
Sincerely,
Stephanie M. Moon Reynolds, M C'
City Clerk
Enclosure
Paul C. Aughtry, III, Manager
South Commonwealth Partners, LLC
Windsor / Aughtry Company, Inc.
October 19, 2016
Page 2
Christopher P. Morrill, City Manager
Daniel J. Callaghan, City Attorney
Laura M. Carini, Assistant City Attorney
Barbara A. Dameron, Director of Finance
R. Brian Townsend, Assistant City Manager for Community Development
Debbie Moses, Parking Administrator
Philip C. Schirmer, P.E., City Engineer
Wayne F. Bowers, Director of Economic Development
Marc B. Nelson, Special Projects Coordinator
Cassandra L. Turner, Economic Development Specialist
IN Tl111 COl1NCIL OP i l IE CI "1'Y OF ROANOKI:, VIRGINIA
The 17th day of Oct.ber, 2016.
No. 40684- 101716.
AN ORDINANCE accepting the bid ofSouth Commonwealth Partners, LLC (Developer)
to acquire, buy, execute, and accept certain casements on City -owned properties identified as
Official Tax Map Nos. 4015004 (25 Church Avenue, S.E.), and 4015003 (106 Franklin Road,
S.E.), as set forth in a Decd of Easements, Confirmatory Decd of Easement Rights and
Obligations (Decd), upon certain terms and conditions; authorizing the City Manager to execute
such Deed; authorizing the City Manager to take such further actions and execute such further
documents as may be necessary to implement, administer, and enforce such Deed and to
accomplish such matters, including the granting and sale of such easements; and dispensing with
the second reading of this Ordinance by title.
WHEREAS, the City has, by advertisement published once a week for two successive
weeks in a paper of general circulation published in the City, publicly invited bids for the
execution, grant, and delivery of the Deed to grant certain easements on one or more of the City -
Owned properties described above;
WHEREAS, one bid(s) for the execution of a Deed for acquisition of easements and
other matters for the purposes mentioned above was /were received pursuant to the advertisement
and such bid(s) was /were opened at the City Council meeting held on October 17, 2016;
WHEREAS, by October 17, 2016, Developer submitted a bid to the City for the
acquisition, execution, grant, and delivery of the Deed in order to develop, construct, operate,
and maintain a hotel consisting of 127 rooms at the Market Garage, 25 Church Avenue, S.E.,
ONinonce Hoed or Eeseinen�s (I0 -1716)
upon substantially similar terns as contained in the proposed Deed that was on file in the City
Clerk's Office;
WHEREAS, the matter was referred to the City Manager for evaluation and negotiation
with the Developer as to the final terms and conditions for such Deed;
WHEREAS, negotiations between the City Manager and Developer have resulted in a
Deed that provides for the grant and transfer of twenty -seven (27) easements affecting one or
more City- owned properties (Official Tax Map Nos. 4015004, or 4015003) for the development,
construction, operation, and maintenance of a hotel consisting of 127 rooms in certain air rights
above the Market Garage and within certain condominium units within the Market Garage
(Easements);
WHEREAS, the Easements to be granted pursuant to the terms and conditions of the
Deed have terms of 40 or 60 years commencing upon execution of the Deed;
WHEREAS, the terns, conditions, and obligations of the grantee under the Deed are
more particularly described in the City Council Agenda Report dated October 17, 2016;
WHEREAS, the City Manager recommends that Council accept the bid of Developer and
approve the execution and delivery of such Deed, a copy of which is attached to the City Council
Agenda Report dated October 17, 2016;
WHEREAS, after proper and timely notice by advertisement as required by the Code of
Virginia, Council held a Public Hearing on this matter at its regular meeting on October 17,
2016, at which hearing all parties in interest and persons were given an opportunity to be heard,
both for and against the proposed Deed;
OA nz Deed of B.,nn,ms (10- 17 -16)
WHEREAS, City Council determined that the bid of Developer to acquire, buy, execute,
and accept a Deed as set forth above, upon certain terns and conditions, was the most responsive
and responsible bid received by the City and Council desires to accept such bid; and
WHEREAS, after closing the Public Hearing Council believes the sale of the Easements
set forth in the Deed mentioned above will benefit the City and its citizens.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
Council accepts the bid of Developer and hereby makes a grant and an award for
the Easements set forth in the Deed to Developer, subject to certain terms and conditions as
fmrthei noted in the City Council Agenda Report dated October 17, 2016, and upon such other
terms and conditions as the City Manager may deem appropriate and agree to Council further
finds that it will be in the best interest of the City to grant and award the Easements as set forth
in the proposed Deed and will help in promoting economic development in downtown Roanoke.
Any and all other bids made to the City for the above matter are hereby rejected.
2. The City Manager is hereby authorized to execute and deliver a Deed in which the
City sells and transfers, twenty -seven (27) Easements for limited purposes acrd uses affecting one
or more of the following City -owned properties: Official Tax Map No. 4015004 (25 Church
Avenue, S.E.), or Official Tax Map No. 4015003 (106 Franklin Road, S.E.) (each of these
Easements are further described in the City Council Agenda Report dated October 17, 2016) for
the development, constriction, operation, and maintenance of a hotel with 127 rooms (Hotel)
that has been constructed by South Commonwealth Partners, LLC. Such Deed shall be
substantially similar to the one attached to the above mentioned City Council Agenda Report and
upon such other terms as the City Manager deems appropriate and agrees to. Such Deed shall be
ONfnanoe peed oFEaxemems (10.17 -16)
approved as to form by the City Attorney. The bmrd or security to be provided to the City by the
Developer shall be in such form all(] amorat as the City Manager decors appropriate.
3. The terms of each of the other Easements are either 40 years or 60 years and are
set Forth in the Deed and in the City Council Agenda Report dated October 17, 2016 and each of
these Easements will expire automatically upon the expiration of its respective term.
4. 'fire City Manager is further authorized to take such further actions and to
execute such farther documents as may be necessary to implement, administer, and enforce such
Deed, and to accomplish the above matters and complete the transfer of the above mentioned
Easements. Such actions and /or document execution include, but are not limited to, any needed
modifications to such Deed and /or the Hotel Performance Agreement, modifications or
amendments to any of the Easements granted pursuant to the Deed, provided such Easements are
substantially similar to the Easements which are in furtherance of the development of the Hotel
as described in the above - mentioned City Council Agenda Report, and agreements among the
City, the Developer, and the lender for the Developer as described in the above mentioned City
Council Agenda Report, The City Manager is expressly authorized to execute documents,
including deeds of correction and /or deeds of easements to modify the legal descriptions of any
of the Easements after the City Manager accepts the sealed survey plats to be provided to the
City by Developer, or new or amended deeds of easements for the relocation of any Easements
as provided for in the Deed.
5. City Council expressly confirms and reaffirms the authority granted to the City
Manager to implement, administer, and enforce the Hotel Performance Agreement as set forth in
Ordinance No. 39829- 121613, adopted on December 16, 2013, and Ordinance No. 40564-
062016, adopted on June 20, 2016.
O,dinence need of Posunatls (10.19 -16)
4
6. Pursuant to the provisions of Sect ion 12 of the City Charter, the second reading of
this Ordinance by title is hereby dispensed with.
This Ordinance is effective as oft he date of its passage.
ATTEST:
City Clerk
Oid 00.17-167
aCITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: October 17, 2016
Subject: Award to South Commonwealth Partners, LLC, the granting,
confirming, and /or amending easements and other property
rights in connection the Hampton Inn & Suites hotel at 27
Church Avenue, S.E. (adjacent to the Market Garage at 25
Church Avenue, S.E.)
Background
The City and South Commonwealth Partners, LLC entered into a Performance
Agreement for Hotel Development, Construction, Operation, and Maintenance
dated December 18, 2013, (the "Hotel Performance Agreement ") in connection
with the construction, operation, and maintenance of a hotel with at least 123
rooms, but not exceeding 130 rooms ( "Hotel "), within certain air rights,
property rights, and easements within the City and more particularly described
in a Deed of Certain Air Rights, Deed of Condominium Units, and Deed of
Easements dated December 18, 2013, by and between the City and the
Developer, recorded in the Clerk's Office of the Circuit Court of the City of
Roanoke, Virginia as Instrument No. 130014480 (the "Deed ").
Pursuant to the Deed, South Commonwealth Partners, LLC agreed to provide
the City with field verified, sealed surveyor's plats showing the final location
and extent of all easements granted for the Hotel project (the "Surveyor's
Easement Plats "), prior to issuance of the Certificate of Occupancy, as this term
is defined in the Hotel Performance Agreement. The Surveyor's Easement Plats
will include accurate dimensions and references to the property boundary of the
servient property for all easement areas, certified and sealed by a surveyor
licensed in the Commonwealth of Virginia, and in a form suitable for recording
in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia. South
Commonwealth Partners, LLC shall be responsible for and pay all costs and
expenses related to the preparation, completion, delivery, and recordation of
the Surveyor's Easement Plats.
The easements to be granted pursuant to the terms and conditions of the Deed
have terms of 40 or 60 years commencing upon execution of the Deed. Due to
the length of the easements' terms, the Code of Virginia requires that the
proposed easements be advertised for bidding by the public and a public
hearing be held on the matter. On August 15, 2016, City Council authorized the
scheduling and advertising for bids and for a public hearing on this matter.
The receipt and opening of bids together with the public hearing is scheduled
for October 17, 2016. A copy of such proposed Deed is attached to this report.
Considerations:
Public advertisements for an Invitation for Bids and for a Public Hearing on this
matter were placed in the Roanoke Times on October 3, 2016 and October 11,
2016, as required by the Code of Virginia. A copy of the necessary Bid Form,
Proposed Deed, proposed Plats, and proposed Ordinance were made available
to the public in the City Clerk's Office on and after October 3, 2016. Bids were
to be submitted to the City Clerk on or before Noon, 12 p.m., local time, on
Monday, October 17, 2016. All such bids received at or before that time were
held by the City Clerk, unopened, until 2:00 p.m., local time, Monday, October
17, 2016, at which time they were delivered to the Council Chamber and
publicly opened and read aloud, all in accordance with Section 15.2-2102 Code
of Virginia (1950), as amended.
One written bid for the Deed mentioned above was received by the City Clerk
on or before Noon, 12 p.m., October 17, 2016, a copy of such bid is attached
to this report. This bid was opened and read aloud at the 2:00 pm session of
City Council in Council Chamber located in Room 450, Noel C. Taylor Municipal
Building, 215 Church Avenue, SW, Roanoke, Virginia 24011. The bid was from
South Commonwealth Partners, LLC, for the above mentioned Deed, subject to
certain terms and conditions as contained in the proposed Deed that was made
available to the public as mentioned above. The matter was referred to the City
Manager for review, evaluation, and to finalize the terms and conditions of such
Deed. The final terms and conditions are subject to approval by Council. A
copy of the proposed Deed is attached to this report.
The proposed Deed includes twenty -seven (27) easements on City -owned
properties (Easements). The City -owned properties that will be subject to one
or more of the proposed easements are Official Tax Map No. 4015004 located
at 25 Church Avenue, S.E., and Official Tax Map No. 4015003 located at 106
Franklin Road, S.E. The following chart summarizes the proposed easements:
Easement
Purpose
City Property affected
Term of
(Official Tax Map No.)
Easement
A
Easement for Encroachment
4015004
40 years
A -1
Structure and support of Hotel
4015004
60 years
A -2
Utility service equipment for Hotel
4015004
40 years
Project
A -2
Utility service equipment for Hotel
4015003
40 years
Project
A -2 -A
Ground for Lightning
4015004
40 years
A -3
Utilities for Hotel Project (within
4015004
40 years
garage)
A -3 -a
Private Sanitary Sewer Utilities for
4015004
40 years
Hotel Project
A -3 -b
Private Power Utility for Hotel
4015004
40 years
Project
A -3 -c
Gas Utility Services for Hotel
4015004
40 years
Project
A -3 -d
Water Utility Services for Hotel
4015004
40 years
Project
A -3 -e
Stormwater Utility Services for
4015004
40 years
Hotel Project
A -4
Sprinkler system and other fire
4015004
40 years
suppression systems
A -5
Parking Garage control equipment
4015004
40 years
A -6
Utilities within Air Space for
4015004
40 years
Hotel Project
A -7
Canopy and Flag Poles for Hotel
4015004
40 years
Project on Northern Fapade
A -8
Waterproofing Ceiling of
4015004
40 years
Condominium Unit
A -9
Easement for exterior lighting
4015004
40 years
attached to third level of the
Market Garage
A -10
Canopy for Hotel Project on
4015004
40 years
Eastern Fayade
A -10
Canopy for Hotel Project on
4015003
40 years
Eastern Fagade
A -11
Easement for Installation,
4015004
40 years
Construction, Maintenance and
Repair of concrete pad for
Condominium Units
B -I -A
Elevator Shaft within Market
4015004
40 years
Garage (above a portion of
Condominium Unit #1)
B -1 -13
Elevator Shaft within Market
4015004
40 years
Garage (below a portion of
Condominium Unit #t)
B -2
Access and Egress to northwest
4015004
40 years
stairwell within Market Garage
B -3
Access and Egress to southwest
4015004
40 years
stairwell within Market Garage
B -4
Access for removal of trash from
4015004
40 years
Hotel
B -5
Easement for Access
4015004
40 years
B -5
Easement for Access
4015003
40 years
3
These proposed Easements are depicted in detail in two (2) easement plats,
dated September 20 and 22, 2016 and prepared by Balzer and Associates, Inc.
(Revised Easement Plats).
The purpose of the proposed Easements as set forth in the Deed are for the
development, construction, operation, and maintenance of the Hotel Project, all
as more fully set forth in the proposed Deed.
After proper and timely Notice as required by the Code of Virginia, Council held
a public hearing on this matter at its 7:00 p.m. meeting on October 17, 2016,
at which hearing all parties in interest and persons were given an opportunity to
be heard, both for and against the proposed Deed.
The City Manager recommends that Council find that the bid of South
Commonwealth Partners, LLC, on this matter is from a responsible bidder and
responsive and that Council accept such bid and approve the execution of the
proposed Deed, a copy of which is attached to this report.
Recommended Action:
Accept the bid of South Commonwealth Partners, LLC, and make a grant and an
award for the Easements set forth in the Deed to such entity.
Approve the terms of the Deed between the City and Developer, as set forth in
the proposed Deed attached to this report, and determine that the award of the
Easements as set forth in the proposed Deed will aid in the growth of economic
development within the City.
Authorize the City Manager to execute and deliver a Deed in which the City sells
and transfers, twenty -seven (27) Easements for limited purposes and uses
affecting one or more of the following City -owned properties: Official Tax Map
No. 4015004 (25 Church Avenue, S.E.), or Official Tax Map No. 4015003 (106
Franklin Road, S.E.) (each of these Easements are further described in the City
Council Agenda Report dated October 17, 2016) for the development,
construction, operation, and maintenance of a hotel with 127 rooms (Hotel) that
has been constructed by South Commonwealth Partners, LLC. Such Deed shall
be substantially similar to the one attached to this report and upon such other
terms as the City Manager deems appropriate and agrees to. Such Deed shall
be approved as to form by the City Attorney. The bond or security to be
provided to the City by the Developer shall be in such form and amount as the
City Manager deems appropriate.
The terms of each of the other Easements are either 40 years or 60 years and
are set forth in the Deed and in this report and each of these Easements will
expire automatically upon the expiration of its respective term.
Authorize the City Manager to take such further actions and to execute such
further documents, approved as to form by the City Attorney, as may be
necessary to implement, administer, and enforce such Deed and to accomplish
the above matters and complete the transfer of the above mentioned
Easements. Such actions and /or document execution include, but are not
limited to any needed modifications to such Deed, modifications or
amendments to any of the Easements granted pursuant to the Deed, provided
such Easements are substantially similar to the Easements which are in
furtherance of the development of the Hotel Project as described in this Report,
and agreements among the City, the Developer, and the lender for the
Developer as described in this report. The City Manager is expressly authorized
to execute documents, including deeds of correction and /or deeds of
easements to modify the legal descriptions of any of the Easements after the
City Manager accepts the sealed survey plats to be provided to the City by
Developer, or new or amended deeds of easements for the relocation of any
Easements as provided for in the Deed. Such documents shall be approved as to
form by the City Attorney.
- -- -- - -- - - - - - --
r opher P. Morrill
City Manager
Distribution: Council Appointed Officers
Barbara A. Dameron, Director of Finance
Brian Townsend, Assistant City Manager for Community Development
Wayne Bowers, Economic Development Director
Marc Nelson, Special Projects Coordinator, Economic Development
Deborah J. Moses, Parking Coordinator
Prepared by
Daniel 1. Callaghan, City Aaonwy
VSB #84658
Office orthe City Attorney
Noel C Taylor Municipal Building
215 Church Avenue, 5. W., Room 464
Roanoke, VA 24011
This Deed was prepared without the benefit of Title Examination
Exemption claimed: Grantor is exempt from recordation taxes
and fees pursuant to §58.1- 911(C)(4), Code of Virginia.
Official Tax Nos. - Tax Map Nos. 4015004 and 4015003 (Burdened Parcels)
Official Tax Nos. — Tax Map Nos. 4015008, 4015007, and 4015006 (Benefitted Parcels)
DEED OF EASEMENTS, CONFIRMATORY
DEED OF EASEMENT RIGHTS AND OBLIGATIONS
THIS DEED OF EASEMENTS AND CONFIRMATORY DEED OF EASEMENT
RIGHTS AND OBLIGATIONS are made and entered into this day of 12016,
by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and
existing under the laws of the Commonwealth of Virginia ( "Grantor'), and SOUTH
COMMONWEALTH PARTNERS, LLC, a South Carolina limited liability company
( "Grantee ").
RECITALS
WHEREAS, Grantor is the owner of certain real property, together with buildings and
improvements thereon, situated in the City of Roanoke, Virginia, and more particularly described
in the tax records of the City of Roanoke, Virginia, as follows:
(a) Official Tax Map No. 4015004, including certain rights conveyed to Grantor by
deed of Southeast STB Portfolio, LLC dated November 29, 2012 and recorded in
the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia as
Instrument #120012746 (the "Market Garage Parcel ");
(b) Official Tax Map No. 4015003 (the "Adjacent Parcel "); and
(c) Official Tax Map No. 4011706 (the "Fire House Parcel ");
WHEREAS, Grantor conveyed to South Commonwealth Partners, LLC, a South Carolina
limited liability company ( "Original Grantee ") certain air rights in the City of Roanoke, Virginia,
as more particularly identified in the tax records of the City of Roanoke, Virginia as Official Tax
Map No. 4015008 ( "Hotel Air Rights "), two (2) condominium units in the City of Roanoke,
Virginia, and as more particularly identified in the tax records of the City of Roanoke, Virginia
as Official Tax Map Nos. 4015006 and 4015007 ( "Condominium Units "), together with certain
easement rights that benefit the Hotel Air Rights and Condominium Units ( "Original Easement
Rights ") The Hotel Air Rights, the Condominium Units, and the Original Easement Rights are
more particularly described and conveyed in a Deed of Certain Air Rights, Deed of
Condominium Units, and Deed of Easements between Grantor and Original Grantee dated
December 18, 2013, and recorded in the Clerk's Office of the Circuit Court for the City of
Roanoke, Virginia as Instrument No. 130014480 (the "Original Deed ");
WHEREAS, Original Grantee acquired the Hotel Air Rights, the Condominium Units,
and the Original Easement Rights for the purposes of developing, constructing, and operating a
hotel with at least 123 rooms and not more than 130 rooms within the Hotel Air Rights and the
Condominium Units (the "Hotel Project");
WHEREAS, Original Grantee's rights and interests in the Hotel Air Rights, the
Condominium Units, and the Original Easement Rights are subject to certain terms and
conditions, including, without limitation, Original Grantee's obligations set forth in a
Performance Agreement for Hotel Development, Construction, Operation, and Maintenance
dated December 18, 2013, executed by and between Grantor and Original Grantee ( "Hotel
Performance Agreement "), and a Parking Agreement dated December 18, 2013, executed by
Grantor and Original Grantee ( "Parking Agreement "), which Hotel Performance Agreement was
attached to and made a part of the Original Deed as Exhibit A, and which Parking Agreement
was attached to and made a part of the Original Deed as Exhibit B, and which Hotel Performance
Agreement and Parking Agreement are incorporated by reference in this Deed;
WHEREAS, pursuant to the terms and conditions of the Original Deed and the Hotel
Performance Agreement, Original Grantee and Grantee are required to provide Grantor with
2
field verified, sealed surveyor's plats showing the final location and extent of all Original
Easement Rights set forth and conveyed in the Original Decd;
WHEREAS, Grantee has requested Grantor convey additional easement rights to Grantee
and amend, ratify, restate, and confirm the Original Easement Rights as presently constructed
and existing; all as depicted in plats identified as (i) a "Plat Showing New Easements to be
located on Roanoke City T. M. #4015003 and T. M. 4015004, Service Equipment Area
Easement (A -2) Canopy (East Fagade) Easement (A -10), Access to Hotel Facilities Easement
(B -5) and Temporary Construction Easement (D -1) Hereby Vacated," consisting of one (1) sheet
prepared by Balzer & Associates, Inc., dated September 20, 2016, Revised September 22, 2016,
and to be recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia
(the "Parcel 4015003 Revised Easement Plat"); and (ii) a "Plat Showing Easements Burdening
Tax Parcels #4015003 and 44015004 and Benefitting Tax Parcels #4015006, #4015007, and
#4015008, Church Avenue, S.E. Luck Avenue, S.E., City of Roanoke, Virginia" consisting of 15
sheets prepared by Balzer & Associates, Inc., dated September 20, 2016, Revised September 22,
2016 (Sheet 1 Only), and to be recorded in the Clerk's Office of the Circuit Court of the City of
Roanoke, Virginia (the "Revised Easement Rights Plats ");
WHEREAS, Grantor is willing to confirm, ratify, amend and restate the Original
Easement Rights and grant additional easement rights to Grantee, all as depicted in the Parcel
4015003 Revised Easement Plat and the Revised Easement Rights Plats (collectively, the
"Revised Easement Rights "), subject to the terms and conditions of this Deed; and
WHEREAS, Grantee is willing to accept, acknowledge, ratify and confirm its rights and
obligations with respect to the Revised Easement Rights, all as depicted in the Parcel 4015003
Revised Easement Plat and the Revised Easement Rights Plats, and vacate, terminate and replace
the Original Easement Rights conveyed and set forth in the Original Deed, subject to the terms
and condition of this Deed.
3
WITNESSETH:
THAT FOR AND IN CONSIDERATION of the sum of TEN DOLLARS ($10.00), cash
in hand, paid by Grantee to Grantor, and for other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, and the above Recitals which are
incorporated herein, Grantor does hereby bargain, sell, grant, and convey unto Grantee, with
Special Warranty of Title and subject to the provisions of this Deed (including the Hotel
Performance Agreement which is incorporated herein by reference), the following easement
rights:
A. Description and Convevance of Revised Easement Rights.
A. Easement for Encroachment of Condominium Units
Portion of Official Tax Map No. 4015004
As an appurtenance to the Condominium Units, Grantor grants to Grantee an easement
for the encroachment of the Condominium Units into the Market Garage Parcel, consisting of
approximately 67.5 square feet, more or less, and more particularly bounded, described, and
depicted on sheet 13 of 15 of the Revised Easement Rights Plats, for the sole purpose of allowing
the use and occupation of such portion of the Market Garage Parcel by Grantee, as the owner of
the Condominium Units for purposes limited to the Hotel Project. Pursuant to the laws of the
Commonwealth of Virginia, the terms of this Easement for Encroachment shall be forty (40)
years from the date of this Instrument.
A -1 Easement for Structure and Support of Hotel
(Easement A -1)
Portions of Official Tax Map No. 4015004
4
As an appurtenance to the Hotel Project, Grantor grants to Grantee an easement for the
sole purpose of the attachment of structures and supports for all buildings and improvements to
be constructed within the Hotel Air Rights in connection with the Hotel Project ( "Easement A-
F). This Easement A -1 shall allow Grantee to attach, construct, maintain, repair, and replace at
such specific locations within Easement Area A -1 (as hereinafter described) and with such
devices, as determined by Grantee in accordance with the Hotel Performance Agreement, in
order to attach and support the building and improvements to be constructed within the Hotel Air
Rights to the upper most deck of the parking garage structure located on the Market Garage
Parcel and to use the foundations and support columns of the parking garage structure located on
the Market Garage Parcel to support the buildings and improvements to be constructed within the
Hotel Air Rights. The location of this Easement A -1 is depicted on sheet 6 of 15 of the Revised
Easement Rights Plats ( "Easement Area A -1°).
The structures and supports to be attached to the upper most deck of the parking garage
structure pursuant to Easement A -1 shall be constructed, installed, maintained, repaired, and
replaced to provide a minimum net clearance of at least nine (9) feet between the upper -most
deck of the parking garage structure and the structures, supports, and all other machinery,
equipment, materials, improvements, and installations to ensure uninhibited travel and use by
persons and vehicles throughout the parking garage structure situated on the Market Garage
Parcel at all times. Grantee shall be solely responsible for the removal of all existing lighting
poles, fixtures, and improvements currently installed on the upper -most deck of the parking
garage structure and for the construction and installation of suitable replacement lighting fixtures
and improvements.
Prior to the commencement of any construction, maintenance, repair, or replacement of
any structures or supports within Easement Area A -1, Grantee shall provide such certifications
from structural engineers as are required by the Hotel Performance Agreement. Pursuant to the
5
laws of the Commonwealth of Virginia, the term of this Easement A -I shall be sixty (60) years
from the date of this Instrument.
A -2 Easements for Utility Service Equipment
(Easement A -2)
Portions of Official Tax Map No. 4015004 and Official Tax Map No. 4015003
As an appurtenance to the Hotel Project, Grantor grants to Grantee easements for the
construction, installation, maintenance, repair, and replacement of utility service equipment on
portions of the Market Garage Parcel and the Adjacent Parcel ( "Easement A -2 ") as more
particularly bounded and described on sheet 2 of 15 of the Revised Easement Rights Plats and
the Parcel 4015003 Revised Easement Plat ( "Easement Area A -2 "). Pursuant to the rights
granted hereunder, Grantee may, solely for use in connection with the Hotel Project, within
Easement Area A -2 (i) construct, maintain, repair, and replace an enclosed structure adjacent to
the parking garage structure on the Market Garage Parcel; (ii) construct, maintain, repair, and
replace a concrete pad within the enclosed structure; and (iii) install, maintain, repair, and
replace within the enclosed structure to be constructed within Easement Area A -2, mechanical
equipment, diesel generator, diesel storage tank, utility meters, laundry exhaust ducts,
commercial refrigerator compressors, electrical transformer, and switch gear. Grantee shall also
have the right to tie in and connect the utility service equipment installed within Easement Area
A -2 to utility easements of Grantee within the parking garage structure situated on the Market
Garage Parcel pursuant to Easement Area A -3 described below. Under no circumstances shall
the enclosed structure (i) encroach onto any portion of the existing sidewalk on the Adjacent
Parcel; (ii) encroach, impede, or otherwise inhibit access to, and egress from, the parking garage
structure on the Market Garage Parcel at the southeasterly stairwell; or (iii) exceed the height of
nine feet (9') measured from the base of the pad to be constructed within the enclosed structure.
Prior to the commencement of any construction, maintenance, repair, or replacement of
any utility service equipment within Easement Area A -2, Grantee shall provide such
certifications from structural engineers as are required by the Hotel Performance Agreement.
Pursuant to the laws of the Commonwealth of Virginia, the term of this Easement A -2
shall be forty (40) years from the date of this Instrument.
A -2 -A Easement for Ground and Liehtnine
(Easement A -2 -A)
Official Tax Map No. 4015004
As an appurtenance to the Hotel Project, Grantor grants to Grantee an easement for the
construction, installation, maintenance, replacement, and repair of the ground for protection
against lightning strikes affecting the Hotel Project, said easement consists of an area of the
Market Garage Parcel consisting of 15 square feet at the southeasterly exterior portion of the
parking garage structure situated on the Market Garage Parcel and running to the upper -most
floor of the parking garage structure ( "Easement A- 2 -A "), all as depicted on sheet 2 of 15 of the
Revised Easement Rights Plats ( "Easement Area A- 2 -A "). Pursuant to the rights granted
hereunder, Grantee may enter onto the Market Garage Parcel and construct, install, maintain,
repair, and replace the ground needed to protect the Hotel Project from lightning. Grantee shall
construct, install, maintain, and replace the ground within the area depicted as Easement A -2 -A.
All construction, installation, maintenance, replacement, and repair shall be in compliance with
all applicable federal, state, and local laws, rules, and regulations, including, without limitation,
all applicable requirements of the Uniform Statewide Building Code.
Prior to the commencement of any construction, maintenance, repair, or replacement of
the ground within Easement Area A -2 -A, Grantee shall provide such certifications from
structural engineers as required by the Hotel Performance Agreement.
Pursuant to the laws of the Commonwealth of Virginia, the term of this Easement A -2 -A
shall be forty (40) years from the date of this Instrument.
A -3 Easement for Installation Use, Maintenance, and Repair of Utilities
(Easement A -3)
Official Tax Map No. 4015004
As an appurtenance to the Hotel Project, Grantor grants to Grantee an easement for the
construction, installation, maintenance, replacement, and repair of all utility services to be
provided to the Hotel Project (and for no other purpose) (i) through the parking garage structure
situated on the Market Garage Parcel, and (ii) below the elevation of 923 feet under
Condominium Unit #1 and Condominium Unit #2 ( "Easement A -3 ") all as described on sheets 2,
3, 4, and 6 of the Revised Easement Rights Plats ( "Easement Area A -3 "). For the purposes of
this Easement A -3, utility services include electricity, telephone, internet, cable, transmission of
communications, data, and intelligence (the "Utility Services "). Pursuant to the rights granted
hereunder, Grantee may (i) enter into those portions of the parking garage structure included
within Easement Area A -3 and construct, install, maintain, repair, and replace the fixtures and
equipment necessary to supply the Utility Services needed in the operation of the buildings and
improvements to be constructed within the Hotel Air Rights or within the Condominium Units
and (ii) tie in and connect those fixtures and equipment to the existing utility lines and fixtures in
the parking garage structure situated on the Market Garage Parcel; provided that Grantee shall be
solely responsible for the costs of all Utility Services provided to Grantee. Between the first
floor of the parking garage structure on the Market Garage Parcel and the Hotel Air Rights, the
fixtures and equipment which supply the Utility Services shall be constructed and installed
within the conduit area that is located within Easement Area B -1 -A and is shown on sheets 2, 3,
4, 5, and 6 of the Revised Easement Rights Plat. Easement Area A -3 and the rights of Grantee
under this Easement A -3 shall be limited to these areas, in which the Utility Services are located
9
at the time construction and installation are completed by Grantee. Grantee shall not relocate all
or any portion of any of the Utility Services, as installed, outside of Easement Area A -3, without
the prior written consent and approval by Grantor, which consent and approval shall not be
unreasonably withheld. At the time Grantee seeks consent and approval from Grantor to relocate
any Utility Services, or any portions thereof, Grantee shall provide Grantor with plans and
specifications which depict and describe the proposed relocation. Upon any relocation of all or
any portion of the Utility Services, Easement Area A -3 and the rights of Grantee under this
Easement A -3 shall be limited to the City - approved then current location of the Utility Services.
Grantee may assign portions of its rights granted under Easement A -3 to any entity which
provides any such utility service to the Hotel Project. Any such assignment shall not relieve
Grantee from any responsibilities or obligations hereunder. All improvements, equipment,
machinery, and materials constructed, installed, maintained, repaired, or replaced within this
Easement Area A -3 (other than the Utility Services to be installed under the Condominium
Units) shall provide, at all times, a net minimum clearance between each deck of the parking
garage structure and all machinery, equipment, materials, and improvements to be constructed,
installed, or attached to the ceiling above each deck of the parking garage structure of at least the
clearance that exists within such deck as of the date of the Original Deed between the deck and
the bottom of the existing, fixed items attached to the ceiling or structural beams (other than
signage attached to the parking garage structure) within such deck of the parking garage
structure, but in no event shall such clearance be less than seven feet (T), unless otherwise
required by the Uniform Statewide Building Code, in order to ensure uninhibited travel and use
by persons and vehicles throughout the parking garage structure situated on the Market Garage
Parcel at all times.
9
Prior to the commencement of any construction, maintenance, repair, or replacement of any
utilities within Easement Area A -3, Grantee shall provide such certifications from structural
engineers as are required by the Hotel Performance Agreement.
Pursuant to the laws of the Commonwealth of Virginia, the term of this Easement A -3 shall
be forty (40) years from the date of this Instrument.
A -3 -a Easement for Installation Use, Maintenance and Repair of Private Sanitary Sewer
Utilities
(Easement A -3 -a)
Official Tax Map No. 4015004
As an appurtenance to the Hotel Project, Grantor grants to Grantee an easement for the
construction, installation, maintenance, replacement, and repair of Private Sanitary Sewer
Services ( "Sanitary Sewer Services ") to be provided to the Hotel Project (and for no other
purpose) (i) through portions of the parking garage structure situated on the Market Garage
Parcel and (ii) that portion of the Market Garage Parcel below the elevation of 923 feet under the
Condominium Units ( "Easement A- 3 -a "). Pursuant to the rights granted hereunder, Grantee may
(i) enter into those portions of the parking garage structure included within Easement Area A -3-
a, as defined below, and construct, install, maintain, repair, and replace the fixtures and
equipment necessary to supply the Sanitary Sewer Services needed in the operation of the
buildings and improvements constructed within the Hotel Air Rights or within the Condominium
Units and (ii) tic in and connect those fixtures and equipment to the existing utility lines and
fixtures in the parking garage structure situated on the Market Garage Parcel; provided that
Grantee shall be solely responsible for the costs of Sanitary Sewer Services provided to Grantee.
The locations of Easement A -3 -a are depicted on sheets 2, 5, 6, and 7 of 15 of the Revised
Easement Rights Plats in the areas depicted as Easement A -3 -a ( "Easement Area A- 3 -a ").
Easement Area A -3 -a and the rights of Grantee under this Easement A -3 -a shall be limited to
these areas. Grantee shall not relocate all or any portion of any of the Sanitary Sewer Services,
as installed, outside of any of these areas without the prior written consent and approval by
Grantor, which consent and approval shall not be unreasonably withheld. At the time Grantee
seeks consent and approval from Grantor to relocate the Sanitary Sewer Services, or any portions
thereof, Grantee shall provide Grantor with plans and specifications which depict and describe
the proposed relocation. Upon any relocation of all or any portion of the Sanitary Sewer
Services, Easement Area A -3 -a and the rights of Grantee under this Easement A -3 -a shall be
limited to the City - approved then current location of the Sanitary Sewer Services. Grantee may
assign portions of its rights granted under Easement A -3 -a to any entity which provides any such
utility service to the Hotel Project. Any such assignment shall not relieve Grantee from any
responsibilities or obligations hereunder. All improvements, equipment, machinery, and
materials constructed, installed, maintained, repaired, or replaced within Easement Area A -3 -a
(other than the Sanitary Sewer Services to be installed under the Condominium Units or under
the portion of the parking garage located on the Market Garage Parcel) shall provide, at all times,
a net minimum clearance between each deck of the parking garage structure and all machinery,
equipment, materials, and improvements to be constructed, installed, or attached to the ceiling
above each deck of the parking garage structure of at least seven feet (T), unless otherwise
required by the Uniform Statewide Building Code, in order to ensure uninhibited travel and use
by persons and vehicles throughout the parking garage structure situated on the Market Garage
Parcel at all times.
Prior to the commencement of any construction, maintenance, repair, or replacement of any
utilities within Easement Area A -3 -a, Grantee shall provide such certifications from structural
engineers as are required by the Hotel Performance Agreement.
Pursuant to the laws of the Commonwealth of Virginia, the term of this Easement A -3 -a
shall be forty (40) years from the date of this Instrument.
A -3 -b Easement for Installation, Use Maintenance and Repair of Private Power Utility
(Easement A -3 -b)
Official Tax Map No. 4015004
As an appurtenance to the Hotel Project, Grantor grants to Grantee an easement for the
construction, installation, maintenance, replacement, and repair of private power utility services
( "Power Utility Services ") to be provided to the Hotel Project (and for no other purpose) (i)
through portions of the parking garage structure situated on the Market Garage Parcel and (ii)
that portion of the Market Garage Parcel below the elevation of 923 feet under the Condominium
Units ( "Easement A- 3 -b "). Pursuant to the rights granted hereunder, Grantee may (i) enter into
those portions of the parking garage structure included within Easement Area A -3 -b, as defined
below, and construct, install, maintain, repair, and replace the fixtures and equipment necessary
to supply the Power Utility Services needed in the operation of the buildings and improvements
constructed within the Hotel Air Rights or within the Condominium Units and (it) tie in and
connect those fixtures and equipment to the existing utility lines and fixtures in the parking
garage structure situated on the Market Garage Parcel; provided that Grantee shall be solely
responsible for the costs of Power Utility Services provided to Grantee. The location of
Easement A -3 -b is depicted as an area of approximately 947 square feet, more or less on sheets
2, 4, 5, and 6 of 15 of the Revised Easement Rights Plats ( "Easement Area A- 3 -b "). Easement
Area A -3 -b and the rights of Grantee under this Easement A -3 -b shall be limited to these areas
depicted on the Revised Easement Rights Plats as Easement Area A -3 -b. Grantee shall not
relocate all or any portion of any of the Power Utility Services, as installed, without the prior
written consent and approval by Grantor, which consent and approval shall not be unreasonably
withheld. At the time Grantee seeks consent and approval from Grantor to relocate the Power
Utility Services, or any portions thereof, Grantee shall provide Grantor with plans and
specifications which depict and describe the proposed relocation. Upon any relocation of all or
12
any portion of the Power Utility Services, Easement Area A -3 -b and the rights of Grantee under
this Easement A -3 -b shall be limited to the City- approved then current location of the Power
Utility Services. Grantee may assign portions of its rights granted under Easement A -3 -b to any
entity which provides such utility service to the Hotel Project. Any such assignment shall not
relieve Grantee from any responsibilities or obligations hereunder. All improvements,
equipment, machinery, and materials constructed, installed, maintained, repaired, or replaced
within Easement Area A -3 -b (other than the Power Utility Services to be installed under the
Condominium Units or under the portion of the parking garage located on the Market Garage
Parcel) shall provide, at all times, a net minimum clearance between each deck of the parking
garage structure and all machinery, equipment, materials, and improvements to be constructed,
installed, or attached to the ceiling above each deck of the puking garage structure of at least
seven feet (T), unless otherwise required by the Uniform Statewide Building Code, in order to
ensure uninhibited travel and use by persons and vehicles throughout the parking garage
structure situated on the Market Garage Parcel at all times.
Prior to the commencement of any construction, maintenance, repair, or replacement of any
utilities within Easement Area A -3 -h, Grantee shall provide such certifications from structural
engineers as are required by the Hotel Performance Agreement.
Pursuant to the laws of the Commonwealth of Virginia, the term of this Easement A -3 -b
shall be forty (40) years from the date of this Instrument.
A -3 -c Easement for Installation Use Maintenance and Repair of Gas Utility Services
(Easement A -3 -c)
Official Tax Map No. 4015004
As an appurtenance to the Hotel Project, Grantor grants to Grantee an easement for the
construction, installation, maintenance, replacement, and repair of gas utility services ( "Gas
Utility Services ") to be provided to the Hotel Project (and for no other purpose) (i) through
13
portions of the parking garage structure situated on the Market Garage Parcel and (ii) the portion
of the Market Garage Parcel that is below the elevation of 923 feet under the Condominium
Units ( "Easement A- 3 -c "). Pursuant to the rights granted hereunder, Grantee may (i) enter into
those portions of the parking garage structure included within Easement Area A -3 -c, as defined
below, and construct, install, maintain, repair, and replace the fixtures and equipment necessary
to supply the Gas Utility Services needed in the operation of the buildings and improvements
constructed within the Hotel Air Rights or within the Condominium Units and (ii) tie in and
connect those fixtures and equipment to the existing utility lines and fixtures in the parking
garage structure situated on the Market Garage Parcel; provided that Grantee shall be solely
responsible for the costs of Gas Utility Services provided to Grantee. The location of Easement
A -3 -c is depicted as an area consisting of approximately 238 square feet, more or less on sheets
2, 4, 5, and 6 of 15 of the Revised Easement Rights Plats ( "Easement Area A- 3 -c "). Easement
Area A -3 -c and the rights of Grantee under this Easement A -3 -c shall be limited to Easement
Area A -3 -c. Grantee shall not relocate all or any portion of the Gas Utility Services, outside this
area, without the prior written consent and approval by Grantor, which consent and approval
shall not be unreasonably withheld. At the time Grantee seeks consent and approval from
Grantor to relocate the Gas Utility Services, or any portions thereof Grantee shall provide
Grantor with plans and specifications which depict and describe the proposed relocation. Upon
any relocation of all or any portion of the Gas Utility Services, Easement Area A -3 -c and the
rights of Grantee under this Easement A -3 -c shall be limited to the City- approved then current
location of the Gas Utility Services. Grantee may assign portions of its rights granted under
Easement A -3 -c to any entity which provides such utility service to the Hotel Project. Any such
assignment shall not relieve Grantee from any responsibilities or obligations hereunder.
14
Prior to the commencement of any construction, maintenance, repair, or replacement of any
utilities within Easement Area A-3-c, Grantee shall provide such certifications from structural
engineers as are required by the Hotel Performance Agreement.
Pursuant to the laws of the Commonwealth of Virginia, the term of this Easement A -3 -c
shall be forty (40) years from the date of this Instrument.
A -3 -d Easement for Installation Use, Maintenance and Repair of Water Utility Services
(Easement A -3 -d)
Official Tax Map No. 4015004
As an appurtenance to the Hotel Project, Grantor grants to Grantee an easement for the
construction, installation, maintenance, replacement, and repair of water utility services ( "Water
Utility Services ") to be provided to the Hotel Project (and for no other purpose) (i) through
portions of the parking garage structure situated on the Market Garage Parcel and (ii) the portion
of the Market Garage Parcel that is below the elevation of 923 feet under the Condominium
Units ( "Easement A- 3-d "). Pursuant to the rights granted hereunder, Grantee may (i) enter into
those portions of the parking garage structure included within Easement Area A -3 -d, as defined
below, and construct, install, maintain, repair, and replace the fixtures and equipment necessary
to supply the Water Utility Services needed in the operation of the buildings and improvements
constructed within the Hotel Air Rights or within the Condominium Units and (ii) tie in and
connect those fixtures and equipment to the existing utility lines and fixtures in the parking
garage structure situated on the Market Garage Parcel; provided that Grantee shall be solely
responsible for the costs of Water Utility Services provided to Grantee. The locations of
Easement A -3 -d are depicted in three areas on sheets 3, 4, 5, and 6 of 15 of the Revised
Easement Rights Plats, more particularly described as areas containing approximately (i) 295
square feet, more or less; (it) 105 square feet, more or less; and (iii) 244 square feet, more or less
(`Basement Area A- 3 -d "). Easement Area A -3 -d and the rights of Grantee under this Easement
15
A -3 -d shall be limited to the areas of Easement Area A -3 -d. Grantee shall not relocate all or any
portion of the Water Utility Services, outside these areas, without the prior written consent and
approval by Grantor, which consent and approval shall not be unreasonably withheld. At the
time Grantee seeks consent and approval from Grantor to relocate the Water Utility Services, or
any portions thereof, Grantee shall provide Grantor with plans and specifications which depict
and describe the proposed relocation. Upon any relocation of all or any portion of the Water
Utility Services, Easement Area A -3 -d and the rights of Grantee under this Easement A -3 -d shall
be limited to the City- approved then current location of the Water Utility Services. Grantee may
assign portions of its rights granted under Easement A -3 -d to any entity which provides such
utility service to the Hotel Project. Any such assignment shall not relieve Grantee from any
responsibilities or obligations hereunder.
Prior to the commencement of any construction, maintenance, repair, or replacement of any
utilities within Easement Area A -3 -d, Grantee shall provide such certifications from structural
engineers as are required by the Hotel Performance Agreement.
Pursuant to the laws of the Commonwealth of Virginia, the term of this Easement A -3-d
shall be forty (40) years from the date of this Instrument.
A -3 -e Easement for Installation Use, Maintenance and Repair of Stormwater Utility Services
(Easement A -3 -c)
Official Tax Map No. 4015004
As an appurtenance to the Hotel Project, Grantor grants to Grantee an casement for the
construction, installation, maintenance, replacement, and repair of stormwater utility services
( "Stormwater Utility Services ") to be provided to the Hotel Project (and for no other purpose) (i)
through portions of the parking garage structure situated on the Market Garage Parcel and (ii) the
portion of the Market Garage Parcel that is below the elevation of 923 feet under the
Condominium Units ( "Easement A- 3-e "). Pursuant to the rights granted hereunder, Grantee may
16
(i) enter into those portions of the parking garage structure included within Easement Area A -3-
e, as defined below, and construct, install, maintain, repair, and replace the fixtures and
equipment necessary to supply the Stormwater Utility Services needed in the operation of the
buildings and improvements constructed within the Hotel Air Rights or within the Condominium
Units and (ii) tie in and connect those fixtures and equipment to the existing utility lines and
fixtures in the parking garage structure situated on the Market Garage Parcel; provided that
Grantee shall be solely responsible for the costs of Stormwater Utility Services provided to
Grantee. The locations of Easement A -3 -e are depicted on sheets 3, 5, 6, and 8 of 15 of the
Revised Easement Rights Plats, together with the areas depicted on sheet 3 of 15 of the Revised
Easement Rights Plats as (i) 965 square feet, more or less; and (ii) 244 square feet, more or less,
( "Easement Area A- 3 -e "). Easement Area A -3 -e and the rights of Grantee under this Easement
A -3 -e shall be limited to the area described as Easement Area A -3 -e. Grantee shall not relocate
all or any portion of the Stormwater Utility Services, outside these areas, without the prior
written consent and approval by Grantor, which consent and approval shall not be unreasonably
withheld. At the time Grantee seeks consent and approval from Grantor to relocate the
Stormwater Utility Services, or any portions thereof, Grantee shall provide Grantor with plans
and specifications which depict and describe the proposed relocation. Upon any relocation of all
or any portion of the Stormwater Utility Services, Easement Area A -3 -e and the rights of Grantee
under this Easement A -3 -e shall be limited to the City- approved then current location of the
Stormwater Utility Services. Grantee may assign portions of its rights granted under Easement
A -3 -e to any entity which provides such utility service to the Hotel Project. Any such
assignment shall not relieve Grantee from any responsibilities or obligations hereunder. All
improvements, equipment, machinery, and materials constructed, installed, maintained, repaired,
or replaced within Easement Area A -3 -e (other than the Utility Services to be installed under the
Condominium Units or the under the portion of the parking garage located on the Market Garage
17
Parcel) shall provide, at all times, a net minimum clearance between each deck of the parking
garage structure and all machinery, equipment, materials, and improvements to be constructed,
installed, or attached to the ceiling above each deck of the parking garage structure of at least
seven feet (T), unless otherwise required by the Uniform Statewide Building Code, in order to
ensure uninhibited travel and use by persons and vehicles throughout the parking garage
structure situated on the Market Garage Parcel at all times.
Prior to the commencement of any construction, maintenance, repair, or replacement of any
utilities within Easement Area A -3 -e, Grantee shall provide such certifications from structural
engineers as are required by the Hotel Performance Agreement.
Pursuant to the laws of the Commonwealth of Virginia, the term of this Easement A -3 -e
shall be forty (40) years from the date of this Instrument.
A -4 Easement for Sprinkler System and Other Fire Suppression Recruitments
(Easement A -4)
Official Tax Map No. 4015004
As an appurtenance to the Hotel Project, Grantor grants to Grantee an easement for the sole
purpose of constructing, installing, operating, maintaining, repairing, and replacing a fire
suppression sprinkler system and other fire suppression materials, improvements, and equipment
within (i) an area of the Market Garage Parcel containing approximately 123 square feet, more or
less, and more particularly bounded and described on Sheet 4 of 15 of the Revised Easement
Rights Plats; and (ii) within portions of the parking garage structure situated on the Market
Garage Parcel ( "Easement A -4 ") as more particularly bounded and described on sheets 4, 5, 6,
and 9 of 15 of the Revised Easement Rights Plats ( "Easement Area A -4 "). Pursuant to the rights
granted hereunder, Grantee may (i) enter into those portions of the parking garage structure
included within Easement Area A -4 and construct, install, maintain, repair, and replace a fire
suppression sprinkler system, (ii) tie the fire suppression sprinkler system into the structure and
18
improvements to be constructed within the Hotel Air Rights and to the Condominium Units in
connection with the Hotel Project, and (iii) enter into those portions of the parking garage
structure and construct, install, maintain, repair, and replace other fire suppression materials,
improvements, and equipment required by any federal, state, or local law, ordinance, rule, or
regulation in connection with the Hotel Project. Grantee shall construct, install and maintain each
of the lines for the fire suppression sprinkler system within Easement Area A -4. Upon
completion of the construction and installation of the fire suppression sprinkler system by
Grantee, Easement Area A -4 and the rights of Grantee under this Easement A -4 shall be limited
to these areas. Grantee shall not relocate all or any portion of the fire suppression sprinkler
system, as installed, outside of these areas of Easement Area A -4 without the prior written
consent and approval of Grantor, which consent and approval shall not be unreasonably
withheld. At the time Grantee seeks consent and approval from Grantor to relocate the fire
suppression sprinkler system, or any portion thereof, Grantee shall provide Grantor with plans
and specifications which depict and describe the proposed relocation. Upon any such relocation,
Easement Area A -4 and the rights of Grantee under this Easement A -4 shall be limited to the
City- approved then current location of the fire suppression sprinkler system. All improvements,
equipment, machinery, and materials constructed, installed, maintained, or replaced within this
Easement Area A -4 shall provide, at all times, a net minimum clearance between each deck of
the parking garage structure and all machinery, equipment, materials, and improvements to be
constructed, installed, or attached to the ceiling above each deck of the parking garage structure
of at least seven feet (T), unless otherwise required by the Uniform Statewide Building Code, in
order to ensure uninhibited travel and use by persons and vehicles throughout the parking garage
structure situated on the Market Garage Parcel at all times.
19
Prior to the commencement of any construction, maintenance, repair, or replacement of the
fire suppression sprinkler system within Easement Area A -4, Grantee shall provide such
certifications from structural engineers as are required by the Hotel Performance Agreement.
Pursuant to the laws of the Commonwealth of Virginia, the tern of this Easement A -4 shall
be forty (40) years from the date of this Instrument.
A -5 Easement for Equipment Connection for Parking Gate Control System
(Easement A -5)
Official Tax Map No. 4015004
As an appurtenance to the Hotel Project, Grantor grants to Grantee an easement within the
first floor of the parking garage structure situated on the Market Garage Parcel containing
approximately 715 square feet, more or less, and more particularly bounded and described on
sheet 2 of 15 of the Revised Easement Rights Plats ( "Easement Area A -5 "), for the sole purpose
of installing, maintaining, replacing, and repairing the electrical connection between the control
gate at the vehicle entrance /exit area of the parking garage structure and Condominium Unit #1
in connection with the Hotel Project and the use of parking permits as set forth in the terms and
conditions of the Parking Agreement (the "Parking Gate System ") ( "Easement A-5"). Pursuant
to the rights granted hereunder, Grantee may (i) enter into those portions of the parking garage
structure included within Easement Area A -5 and construct, install, maintain, repair, and replace
the fixtures and equipment comprising the Parking Gate System, and (it) tie in and connect those
fixtures and equipment to the existing utility lines and fixtures in the parking garage structure as
necessary for the operation of the Parking Gate System; provided that Grantee shall be
responsible for all costs in installing, maintaining, and operating the Parking Gate System. The
electrical connection shall consist of an electric cable, together with brackets and supports to
attach the cable to the ceiling of the first floor of the parking garage structure. Grantee shall
construct and install the Parking Gate System on the ceiling of the first floor of the parking
20
garage structure within Easement Area A -5. Easement Area A -5 and the rights of Grantee under
this Easement A -5 shall be limited to this area. Grantee shall not relocate all or any portion of the
Parking Gate System, as installed, outside of this Easement Area A -5, without the prior written
consent and approval by Grantor, which consent and approval shall not be unreasonably
withheld. At the time Grantee seeks consent and approval from Grantor to relocate the Parking
Gate System, or any portion thereof, Grantee shall provide Grantor with plans and specifications
which depict and describe the proposed relocation. Upon any such relocation, Easement Area A-
5 and the rights of Grantee under this Easement A -5 shall be limited to the City - approved then
current location of the Parking Gate System. All improvements, equipment, machinery, and
materials constructed, installed, maintained, or replaced within this Easement Area A -5 shall
provide, at all times, a net minimum clearance between the deck on the ground floor of the
parking garage structure and all of the improvements, equipment, machinery, and materials
constructed installed or attached to the ceiling above the deck on the ground floor of the parking
garage structure of at least nine feet (9'), unless other required by the Uniform Statewide
Building Code, in order to ensure uninhibited travel and use by persons and vehicles throughout
the parking garage structure situated on the Market Garage Parcel at all times.
Prior to the commencement of any construction, maintenance, repair, or replacement of any
portions of the Parking Gate System within Easement Area A -5, Grantee shall provide such
certifications from structural engineers as are required by the Hotel Performance Agreement.
Pursuant to the laws of the Commonwealth of Virginia, the term of this Easement A -5 shall
be forty (40) years from the date of this Instrument.
A -6 Easement for Utilities Within Support Structure for Hotel Air Rights
(Easement A -6)
Official Tax Map No. 4015004
As an appurtenance to the Hotel Project, Grantor grants to Grantee an easement for the
installation, construction, operation, maintenance, repair, and replacement of utilities within the
support structures to be constructed within Easement Area A -1 for the sole purpose of providing
Utility Services, Stormwater Utility Services, Power Utility Services, Gas Utility Services, Water
Utility Services, Sanitary Sewer Services, and Sprinkler and Fire Suppression Services
(collectively, "Services ") to the buildings and improvements constructed within the Hotel Air
Rights in connection with the Hotel Project ( "Easement A -6 "). The easement areas are more
particularly bounded and described on sheets 2, 4, 5, and 6 of 15 of the Revised Easement Rights
Plats ( "Easement Area A -6'). All improvements, equipment, machinery and materials
constructed, installed, maintained, or replaced within Easement Area A -6 shall provide, at all
times, a net minimum clearance between each deck of the parking garage structure and all
improvements, machinery, equipment, and materials to be constructed, installed, or attached to
the ceiling above each deck of the puking garage structure of at least seven feet (T), unless
otherwise required by the Uniform Statewide Building Code, in order to ensure uninhibited
travel and use by persons and vehicles throughout the parking garage structure situated on the
Market Garage Parcel.
Grantee may assign its rights to any provider of Services to install, operate, maintain,
repair, and replace such Services. Any such assignment shall be subject to all terms, restrictions,
covenants, and agreements of this easement and Grantee shall not be relieved or released from
any of such obligations.
Prior to the commencement of any construction, maintenance, repair, or replacement of any
Services within the support structures for the Hotel Air Rights within Easement Area A -6,
Grantee shall provide such certifications from structural engineers as are required by the Hotel
Performance Agreement.
22
Pursuant to the laws of the Commonwealth of Virginia, the tern of this Easement A -6 shall
be forty (40) years from the date of this Instrument.
A -7 Easement for Canopy on Northern Facade
(Easement A -7)
Official Tax Map No. 4015004
As an appurtenance to the Hotel Project, Grantor grants to Grantee an easement situated
along a portion of the Market Garage Parcel and between the first and second levels of the
northern fagade of the parking garage structure situated on the Market Garage Parcel ( "Easement
A-7), and more particularly bounded and described on sheet 2 of 15 of the Revised Easement
Rights Plats for the sole purpose of constructing, installing, maintaining, repairing, and replacing
a canopy for use by the Grantee in the operation of the Hotel Project ( "Easement Area A-7).
Within Easement Area A -7, Grantee may attach the support structure and equipment for the
canopy to the parking garage structure situated on the Market Garage Parcel, and the support
structure, equipment, and canopy may overhang the portion of the surface of the Market Garage
Parcel included within Easement Area A -7, provided that such installation, maintenance, and
repair are performed in accordance with the terms and requirements of the Hotel Performance
Agreement, shall, at all times, provide a net minimum clearance of nine feet (9') from the ground
to the base of the structures support, and canopy, and, at all times, do not encroach into the air
space above the public right -of -way except to the extent expressly permitted by a revocable
license issued to Grantee by Grantor. The rights granted herein also authorize and permit
Grantee to install, maintain, repair, and replace not more than four (4) flag poles attached to the
structure situated on the Market Garage Parcel above the canopy described herein and not more
than 20 feet above the canopy. At no time shall these flag poles encroach into the air space
above the public right -of -way.
23
Pursuant to the laws of the Commonwealth of Virginia, the term of this Easement A -7 is
and shall be for forty (40) years from the date of this Instrument.
A -8 Easement to Maintain Ceiling of Condominium Units
(Easement A -8)
Official Tax Map No. 4015004
An as appurtenance to the Hotel Project, Grantor grants to Grantee an easement within a
portion of the second deck of the parking garage structure situated on the Market Garage Parcel
and which is more particularly bounded and described on sheet 5 of 15 of the Revised Easement
Rights Plats ( "Easement Area A -8 ") for the sole purpose of installing, maintaining, repairing,
and replacing materials on the surface of the second deck to seal the floor of the deck above the
Condominium Units to prevent seepage of liquids into the Condominium Units ( "Easement A-
S"). All materials installed by Grantee shall permit passage of persons and vehicles throughout
Easement Area A -8.
Prior to installation, maintenance, repair, or replacement of any materials within Easement
Area A -8, Grantee shall provide Grantor with written certification from the architect for Grantee
that the installation of such materials shall have no detrimental impact on the usual and
customary use of parking garage structure located on the Market Garage Parcel as operated by
Grantor and its parking management operator.
Pursuant to the laws of the Commonwealth of Virginia, the term of this Easement A -8 shall
be forty (40) years from the date of this Instrument.
A -9 Easement for Installation, Use, Maintenance
and Repair of Exterior Lighting
(Easement A -9)
Official Tax Map No. 4015004
24
As an appurtenance to the Hotel Project, Grantor grants to Grantee an easement for the
construction, installation, maintenance, replacement, and repair of twelve (12) exterior lighting
fixtures, together with necessary cable, wire, and conduit to be attached to the northern and
eastern exterior facades of the third level of the parking garage structure situated on the Market
Garage Parcel for the sole purpose of providing exterior, upward illumination ( "Easement A -9 °)
within the area of the Market Garage Parcel as depicted on sheet 5 of 15 of the Revised
Easement Rights Plats as Easement A -9 ( "Easement Area A -9 °). Within Easement Area A -9,
Grantee may (i) attach not more than six (6) exterior light fixtures to the northerly facade of the
parking garage structure and not more than six (6) exterior light fixtures on the easterly facade of
the parking garage structure; and (ii) connect each exterior fixture to wires, cables, and conduit
to other Utility Services to be installed by Grantee. Grantee shall construct and install the
exterior light fixtures within Easement Area A -9. Easement Area A -9 and the rights of Grantee
under this Easement A -9 shall be limited to this area. Grantee shall not relocate any or all of the
light fixtures, as installed, outside Easement Area A -9, without the prior written consent and
approval by Grantor, which consent and approval shall not be unreasonably withheld. At the time
Grantee seeks consent and approval from Grantor to relocate the exterior light fixtures, or an
portion thereof, Grantee shall provide Grantor with plans and specifications which depict and
describe the proposed relocation. Upon any such relocation, Easement Area A -9 and the rights of
Grantee under this Easement A -9 shall be limited to the City- approved then current location of
the exterior light fixtures.
Grantee shall be solely responsible for all utility costs and charges in connection with the
installation, operation, maintenance, repair, or replacement of these exterior light fixtures.
Grantee shall insure that the exterior light fixtures are separately metered for utility usage. All
improvements, equipment, machinery, and materials constructed, installed, maintained, or
replaced within Easement A -9 shall at all times, (i) provide for uninhibited travel and use by
25
persons and vehicles within Easement Area A -9, and (ii) provide for uninhibited use of all
parking spaces within Easement Area A -9. Grantee shall be solely responsible to install,
maintain, repair, and replace the fixtures attached to the northerly fagade of the parking garage
structure to insure that these fixtures do not, at any time, encroach into the air space above the
public right -of -way.
Prior to the commencement of any construction, maintenance, repair, or replacement of any
exterior light fixtures or related cable, wires, or conduit within Easement Area A -9, Grantee shall
provide such certifications from structural engineers as are required by the Hotel Performance
Agreement.
Pursuant to the laws of the Commonwealth of Virginia, the term of this Easement A -9 shall
be forty (40) years from the date of this Instrument.
A -10 Easement for Canopy on Eastern Facade
(Easement A -10)
Portions of Official Tax Map No. 4015004 and
Official Tax Map No. 4015003
As an appurtenance to the Hotel Project, Grantor grants to Grantee an easement situated
along portions of the Market Garage Parcel and the Adjacent Parcel and attached to the eastern
fagade parking garage structure situated on the Market Garage Parcel between the first and
second levels of the eastern fagade of the parking garage structure, situated on the Market Garage
Parcel which areas are more particularly bounded and described on sheet 2 of 15 of the Revised
Easement Rights Plats and on the Parcel 4015003 Revised Easement Plat (collectively
"Easement Area A -10 ") for the sole purpose of constructing, installing, maintaining, repairing,
and replacing a canopy for use by the Grantee in the operation of the Hotel Project ( "Easement
A -]0 "). Within Easement Area A -10, Grantee may attach the support structure and equipment
for the canopy to the parking garage structure situated on the Market Garage Parcel, and the
26
support structure, equipment, and canopy may overhang the portion of the surface of the Market
Garage Parcel and the adjacent parcel included within Easement Area A -10, provided that such
installation, maintenance, and repair are performed in accordance with the terms and
requirements of the Hotel Performance Agreement, and shall, at all times, provide a net
minimum clearance of nine feet (9') from the ground to the base of the structures support, and
canopy, and, at all times, do not encroach into the air space above the public right-of-way.
Pursuant to the laws of the Commonwealth of Virginia, the term of this Easement A -10 is
and shall be for forty (40) years from the date of this Instrument.
A -11 Easement for Installation, Construction, Maintenance and
Repair of Concrete Pad for Condominium Units
(Easement A -11)
Official Tax Map No. 4015004
As an appurtenance to the Hotel Project, Grantor grants to Grantee an easement within an
area below the Condominium Units on a portion of the Market Garage Parcel at an elevation of
approximately 923 feet and lower, such easement area containing approximately 10,804 square
feet, more or less, and being more particularly bounded and described on sheet 14 of 15 of the
Revised Easement Rights Plats ( "Easement Area A -11 ") for the sole purpose of constructing,
installing, maintaining, and repairing a concrete pad for the floor of the Condominium Units
(`Basement A -Il "). Pursuant to the rights granted hereunder, Grantee may enter into these
portions of the parking garage structure included in Easement Area A -11 and construct, install,
maintain, and repair the concrete pad that will support the floor of the Condominium Units.
Prior to the commencement of any construction, maintenance, installation, or repair of any
work associated with the concrete pad within Easement Area A -11, Grantee shall provide such
certifications from structural engineers as are required by the Hotel Performance Agreement.
27
Pursuant to the laws of the Commonwealth of Virginia, the term of this Easement A- 11
shall be forty (40) years from the date of this Instrument.
B -I -A Easement for Elevator Shaft
(Above a Portion of Condominium Unit #1)
(Easement B -1 -A)
Official Tax Map No. 4015004
As an appurtenance to the Hotel Project, Grantor grants to Grantee an easement through
portions of the parking garage structure situated on the Market Garage Parcel which area
contains approximately 294 square feet, more or less, on each floor of the parking garage
structure situated on the Market Garage Parcel, and is more particularly bounded and described
on sheet 4 of 15 of the Revised Easement Rights Plats ( "Easement Area B -I -A ") for the sole
purposes of constructing, installing, maintaining, repairing, and replacing an elevator shaft with
two elevator cars to provide elevator service for persons and equipment between Condominium
Unit #1 and the buildings and improvements constructed within the Hotel Air Rights in
connection with the Hotel Project ( "Easement B- 1 -A "). Under no circumstances will the
elevator shaft provide for entry or exit from the elevator cars at any locations other than at
Condominium Unit #1 and within the buildings and improvements constructed within the Hotel
Air Rights.
Grantee shall have the right to construct, install, maintain and repair a conduit within
Easement Area B -1 -A for Utility Services, Power Utility Services, Gas Utility Services, and
Water Utility Services for the Hotel Project. The conduit shall run from the first floor of the
parking garage structure on the Market Garage Parcel to the Hotel Air Rights.
28
Prior to the commencement of any construction, maintenance, repair, or replacement of the
elevator shaft within Easement Area B -I -A, Grantee shall provide such certifications from
structural engineers as are required by the Hotel Performance Agreement.
Pursuant to the laws of the Commonwealth of Virginia, the term of this Easement B -1 -A
shall be forty (40) years from the date of this Instrument.
B -1 -B Easement for Elevator Shaft
(Below a Portion of Condominium Unit #1)
(Easement B -I -B)
Official Tax Map No. 4015004
As an appurtenance to the Hotel Project, Grantor grants to Grantee an casement within the
area of the Market Garage Parcel that is below the elevation of 923 feet under a portion of
Condominium Unit #1 and above the elevation of 915 feet under a portion of Condominium Unit
#1, and which area is a part of the Market Garage Parcel which area contains approximately 294
square feet, all as more particularly bounded and described on sheets 4 5, and 6 of 15 of the
Revised Easement Rights Plats ( "Easement Area B -1 -B ") for the sole purposes of constructing,
installing, maintaining, repairing, and replacing an elevator shaft with two elevator cars to
provide elevator service for persons and equipment between Condominium Unit #1 and the
buildings and improvements constructed within the Hotel Air Rights in connection with the
Hotel Project ( "Easement B- 1 -B "). Under no circumstances will the elevator shaft provide for
entry or exit from the elevator cars at any locations other than at Condominium Unit #1 and
within the buildings and improvements constructed within the Hotel Air Rights.
Prior to the commencement of any construction, maintenance, repair, or replacement of the
elevator shaft within Easement Area B -I -B, Grantee shall provide such certifications from
structural engineers as are required by the Hotel Performance Agreement.
29
Pursuant to the laws of the Commonwealth of Virginia, the term of this Easement B -1 -B
shall be forty (40) years from the date of this Instrument.
B -2 Easement for Inffess and Egress — (Northwest Stairwell)
(Easement B -2)
Official Tax Map No. 4015004
As an appurtenance to the Hotel Project, Grantor grants to Grantee an easement for ingress
to, and egress from, the buildings and improvements to be constructed within the Hotel Air
Rights in connection with the Hotel Project through the parking garage structure situated on the
Market Garage Parcel ( "Easement B-2"), within the northwest stairwell therein, which areas
contain (i) approximately 923 square feet, more or less, on the ground floor of the parking garage
structure situated on the Market Garage Parcel; and (ii) approximately 252 square feet, more or
less, on the remaining floors of said parking garage structure; all as more particularly bounded
and described on sheets 2, 5, and 6 of 15 of the Revised Easement Rights Plats ( "Easement Area
B -2 °). This access easement for ingress and egress shall be used by any persons who are
present at the Hotel Project, including, without limitation, the employees, contractors, business
invitees, patrons, and visitors of the Grantee. Grantee may install, maintain, repair, and replace
any such improvements to the stairwell within Easement Area B -2 which may be required by any
applicable law, rule, or regulation of any federal, state, or local governmental body, agency, or
department. Any and all such installation, maintenance, repairs, or replacements shall be
performed at the sole cost and expense of Grantee. Under no circumstances shall any
installation, maintenance, repair, or replacement of any improvement to the stairwell within
Easement Area B -2 inhibit, restrict, or impede the use of the stairwell by persons who use the
parking garage structure situated on the Market Garage Parcel. Grantee shall also install,
maintain, repair, and replace, at its sole cost and expense, equipment, including security doors
30
and access systems which shall limit access to the stairwell from the Hotel Project to employees,
patrons, visitors, contractors, and other business invitees of Grantee, all as authorized and
permitted by Grantee.
Pursuant to the laws of the Commonwealth of Virginia, the term of this Easement B -2 is
and shall be forty (40) years from the date of this Instrument.
B -3 Easement for Ingress and Egress — (Southwest Stairwell)
(Easement B -3)
Official Tax Map No. 4015004
As an appurtenance to the Hotel Project, Grantor grants to Grantee an easement for ingress
to, and egress from, the buildings and improvements to be constructed within the Hotel Air
Rights in connection with the Hotel Project through the parking garage structure situated on the
Market Garage Parcel ( "Easement B -3 °) within the southwest stairwell therein, which areas
contain (i) approximately 163 square feet, more or less, on the ground level; and (ii)
approximately 331 square feet, more or less, on each other level, all as more particularly
bounded and described on sheets 2, 5, and 6 of 15 of the Revised Easement Rights Plats
( "Easement Area B -3 "). This access easement for ingress and egress shall be used by any
persons who are present at the Hotel Project, including, without limitation, the employees,
contractors, business invitees, patrons, and visitors of the Grantee. Grantee may install,
maintain, repair, and replace any such improvements to the stairwell within Easement Area B -3
which may be required by any applicable law, rule, or regulation of any federal, state, or local
governmental body, agency, or department. Any and all such installation, maintenance, repairs,
or replacements shall be performed at the sole cost and expense of Grantee. Under no
circumstances shall any installation, maintenance, repair, or replacement of any improvement to
the stairwell within Easement Area B -3 inhibit, restrict, or impede the use of the stairwell by
persons who use the parking garage structure situated on the Market Garage Parcel. Grantee
Ii
shall also install, maintain, repair, and replace, at its sole cost and expense, equipment, including
security doors and access systems which shall limit access to the stairwell from the Hotel Project
to employees, patrons, visitors, contractors, and other business invitees of Grantee, all as
authorized and permitted by Grantee.
Pursuant to the laws of the Commonwealth of Virginia, the term of this Easement B -3 is
and shall be forty (40) years from the date of this Instrument.
B -4 Easement for Access for Trash Removal
(Easement B -4)
Official Tax Map No. 4015004
As an appurtenance to the Hotel Project, Grantor grants to Grantee an access easement
through portions of the parking garage structure situated on the Market Garage Parcel containing
approximately 1,136 square feet, more or less, and more particularly bounded and described on
sheet 2 of 15 of the Revised Easement Rights Plats ( "Easement Area B -4 ")for the sole purpose of
allowing Grantee and its employees and contractors to remove trash from the Hotel Project after
the Hotel Project is open for business to the public to a trash compactor and /or recycling
receptacles to be located on Official Tax Map No. 4011706 ( "Easement 134"). Grantee may
remove trash using equipment commonly used in commercial operations such as a hotel. Under
no circumstances shall use of Easement B -4 by Grantee interfere with the usual operations of the
parking garage structure by Grantor, its employees, and contractors. Grantee shall have no right
to store or leave trash, equipment, or materials at any location within the Market Garage Parcel,
including Easement Area B -4. Grantee shall, at all times keep and maintain Easement Area B -4
in a clean condition, free from any and all obstructions, including trash and equipment. Grantor
reserves the right to relocate this easement at any time provided that (i) Grantor provides Grantee
with five (5) business days prior written notice of the relocation; and (ii) such relocation
32
continues to provide Grantee with uninhibited access from the ground level deck of the parking
garage structure on the Market Garage Parcel to the trash compactor.
Pursuant to the laws of the Commonwealth of Virginia, the term of this Easement B -4 is
and shall be forty (40) years from the date of this Instrument.
B -5 Easement for Access
(Easement B -5)
Portions of Official Tax Map No. 4015004 and
Official Tax Map No. 4015003
As an appurtenance to the Hotel Project, Grantor grants to Grantee easements on portions
of the Market Garage Parcel and the Adjacent Parcel, more particularly bounded and described
on sheet 3 of 15 of the Revised Easement Rights Plats and on the Parcel 4015003 Revised
Easement Plat (collectively "Easement Area B -5 ")for the sole purpose of providing access to,
and egress from the Condominium Units by Grantee, its employees, contractors, business
invitees, patrons, and visitors across the Market Garage Parcel or the Adjacent Parcel to public
rights -of -way, in connection with the business operations of the Hotel Project ( "Easement B -5 ").
Pursuant to the laws of the Commonwealth of Virginia, the term of this Easement B -5 shall
be forty (40) years from the date of this Instrument.
B. Limitation of Rights Under All Revised Easement Rights.
L Grantee acknowledges that each of the Revised Easement Rights granted by this
Deed are expressly subject to the terms and conditions of the Hotel Performance Agreement,
including, without limitation, Grantee's obligations to maintain at all times insurance in amounts
and scope of coverage, indemnity, and schedule of construction. All of the easements granted
hereunder shall run with the title to the Hotel Air Rights and the Condominium Units, shall be
limited for the use and operation of the Hotel Project and for no other purposes, and shall expire
upon expiration of its respective term as set forth in this Instrument. Upon expiration of the term
33
of an easement granted by this Instrument, Grantee shall have no further rights or interest in such
Revised Easement Rights.
2. Grantee and Grantor acknowledge and agree that Grantor reserves unto Grantor,
its successors and assigns, all rights in the Market Garage Parcel, and the Adjacent Parcel, for
any and all uses, including the right to grant easements and other rights to others, provided that
any such use shall not unreasonably interfere with Grantee's use and enjoyment of the Revised
Easement Rights granted herein to Grantee for the express purposes granted.
3. With respect to Easement B -I -A and Easement 13-1 -13 only, Grantor's retained
and reserved rights in Easement Area B -1 -A and Easement Area B -1 -13 shall not include the
right to install any equipment or other facilities within Easement Area B-1 -A or Easement Area
B -1 -B, or to grant to any other person or entity such rights, unless and until Grantor has
delivered the plans and specifications for such proposed equipment or facilities to the Grantee
and Grantee has approved those plans and specifications, which approval Grantee shall not
unreasonably withhold, condition, or delay.
4. Grantee acknowledges and agrees that it shall be solely responsible for the costs
of all Services provided to the Hotel Project and, to the extent required, Grantee shall provide
separate meters to account for and assess the costs of Grantee for any such Services. Grantee
shall also be solely responsible for all costs and expenses for any and all construction,
installation, maintenance, repair, and replacement in connection with any and all of the Revised
Easement Rights granted herein.
5. Subject to the provisions of this Section B, Grantee, and its, employees, agents,
and contractors shall have access, with persons, equipment, and vehicles, to the Market Garage
Parcel and the Adjacent Parcel, at reasonable times and with reasonable notice to Grantor, to
maintain, repair, or replace the improvements installed pursuant to the Revised Easement Rights
within the limits of such easement areas for such Revised Easement Rights. Such maintenance,
34
repair, and replacement shall be performed in a manner that interferes to the least practicable
extent with the conduct of Grantor's business operations at the Market Garage Parcel and the
Adjacent Parcel. All such maintenance, repair and replacement shall be performed in compliance
with the Hotel Performance Agreement.
6. Grantor and Grantee acknowledge and agree that each will cooperate with the
other in providing amendments and modifications to Revised Easement Rights and other rights
granted hereunder to confirm the Revised Easement Rights and rights granted hereunder to the
areas depicted within the Parcel 4015003 Revised Easement Plat or Revised Easement Rights
Plats. Grantor and Grantee shall record amendments to the Parcel 4015003 Revised Easement
Plat or the Revised Easement Rights Plats and modifications to the Revised Easement Rights in
the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia.
7. Grantor and Grantee acknowledge and agree that each will cooperate with the
other in providing amendments and modifications to the City Utility Services Easement to
confirm the City Utility Services Easement to the area depicted within the Surveyor's City
Utility Services Easement Plat. Grantor and Grantee shall record the Surveyor's City Utility
Services Easement Plat and any modifications to the City Utility Services Easement in the
Clerk's Office of the Circuit Court for the City of Roanoke, Virginia.
C. Bond.
1. Grantee agrees to and shall provide and maintain during the entire term of the
Revised Easement Rights a bond, or such other security as approved by the City Manager (such
as a letter of credit or cash), (collectively "Bond ") in the amount of $ to secure
Grantee's performance with regard to the Revised Easement Rights under this Deed. Failure to
provide and maintain the Bond shall be grounds for termination of the Revised Easement Rights.
The form of the Bond shall be subject to approval by City.
2. The amount of the Bond required herein will be reviewed every five (5) years by
35
the City and may be increased or decreased by the City at the time of each review to reflect the
reasonable costs of the performance of the Revised Easement Rights under this Deed by Grantee
at that time. Any increase or decrease in the amount of the Bond shall be mutually agreed upon
between the parties, such agreement to not be unreasonably withheld.
D. Purpose and Intent.
1. Grantor and Grantee have entered into this Deed pursuant to Section G of the
Original Deed to conform all improvements made by Grantee on the Market Garage Parcel or the
Adjacent Parcel with the easement rights and interests granted and conveyed by Grantor to
Original Grantee in the Original Decd. Grantor and Grantee intend to amend, restate, and
replace the Original Easement Rights granted and conveyed by Grantor to Original Grantee with
the Revised Easement Rights conveyed in this Deed. Grantee acknowledges and agrees that all
of the Original Easement Rights granted to Original Grantee in the Original Deed are terminated
and replaced with the Revised Easement Rights granted herein.
2. Nothing in this Deed affects the rights of the Grantor in City Utility Service
Easements reserved by Grantor in the Original Deed.
This Deed of Easements and Confirmatory Deed of Easement Rights and Obligations is
further subject to all easements, reservations, restrictions, and conditions of record affecting the
rights and interests conveyed herein and such matters as would be shown by a survey. All rights
and interests conveyed herein are expressly subject to all terms and conditions of the Hotel
Performance Agreement and the Parking Agreement.
TO HAVE AND TO HOLD the rights and interests conveyed herein unto the Grantee, its
successors and assigns.
AND the Grantor does hereby covenant to warrant specially the Revised Easement Rights
hereby conveyed.
SIGNATURE PAGES TO FOLLOW
36
WITNESS the following signatures and seals:
GRANTOR:
CITY OF ROANOKE VIRGINIA
ATTEST:
Stephanie M. Moon Reynolds, City Clerk Christopher P. Morrill, City Manager
COMMONWEALTH OF VIRGINIA § To -wit:
CITY OF ROANOKE
The foregoing instrument was acknowledged before me this day of October 2016, by
Christopher P. Morrill, City Manager of the City of Roanoke, Virginia, for and on behalf of
the City of Roanoke, Virginia.
My Commission expires:
Notary
Approved as to Form:
City Attorney
Authorized by Ordinance No.
SEAL
The terms and conditions of this Deed of Easements and Confirmatory Deed of Easement Rights
and Obligations, including, without limitations the provisions that these conveyances are
expressly subject to the City Utility Services Easement, the Hotel Performance Agreement, and
the Parking Agreement, are acknowledged, agreed to, and accepted. The undersigned Grantee
further acknowledges, confirms, and agrees that all of the Original Easement Rights granted to
Original Grantee in the Original Deed are hereby vacated, terminated, and of no further force or
effect, and are replaced by the Revised Easement Rights granted to Grantee in this Deed.
WITNESS:
STATE OF _
COUNTY OF
§ To -wit:
GRANTEE:
Printed Name:
The foregoing instrument was acknowledged before me this day of October, 2016
by the I of
for and on behalf of
My Commission expires:
Notary
38
SEAL
CONSENT AND ACCEPTANCE OF HOLDER OF DEED OF TRUST
The terms and conditions of this Deed of Easements and Confirmatory Deed of Easement Rights
and Obligations, including, without limitations the provisions that these conveyances are
expressly subject to the City Utility Services Easement, the Hotel Performance Agreement, and
the Parking Agreement, are acknowledged, agreed to, and accepted by the undersigned holder of
the deed of trust granted by to
as trustee for the benefit of
WITNESS:
STATE OF _
COUNTY OF
TRUSTEE:
Printed Name:
§ To -wit:
The foregoing instrument was
acknowledged before me this _day
of October,
2016
by
the
of
for and on
behalf
of
My Commission expires:
Notary
39
SEAL
WITNESS:
Printed
Title
STATE OF § To -wit:
COUNTY OF
The foregoing instrument was acknowledged before me this day of October 2016
by the I of
My Commission expires:
40
SEAL
BID FORM
FOR ACQUISITION OF EASEMENTS
IN CONNECTION WITH HOTEL PROJECT
AT MARKET GARAGE
RESPONSIBILITY OF BIDDER: It is the sole responsibility of the bidder to assure that its
bid is delivered to the place designated for receipt of bids and prior to the time set for receipt of
bids. No bids received after the time designated for receipt of bids will be considered.
BID DUE DATE, TIME, AND DELIVERY OF BID: All bids are due on or before Noon.
12:00 p.m., local time, Monday, October 17, 2016, and are to be delivered to the address listed
below. The completed Bid Form, together with any other documents the bidder wishes to
submit, should be enclosed in a sealed envelope and addressed as follows:
Council of the City of Roanoke
c/o Office of the City Clerk, Room 456
Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
Place in front lower left -hand corner of envelope and on the back of the envelope in bold letters
the following title: Bid for Acquisition of Easements in Connection with Hotel Project at
Market Garage, To Be Opened At the City Council Meeting at 2:00 p.m. on October 17,
2016.
Date: /O !
SO ti lF MN 0v wCn �i �t 1?,AioIS L1.G proposes and agrees, if its Bid
r�sw unm� �ro�aae�i >
is accepted, to enter into and be bound by the Deed of Easements, Confirmatory Deed of
Easement Rights and Obligations (Deed), a copy of which is on file in the Office of the City
Clerk for the City of Roanoke, 456 Noel C. Taylor Municipal Building, 215 Church Avenue,
S.W., Roanoke, VA 24011. Furthermore, the undersigned bidder warrants that it can and will
comply with the provisions of such Deed. Bidder acknowledges and agrees that this bid is for all
easements set forth in the Deed and which are summarized in Schedule 1 attached to this Bid.
The Hotel Project is a 127 room hotel constructed within certain air rights above the Market
Garage situated at 25 Church Avenue, S.E., Roanoke, Virginia, and two (2) condominium units
within said Market Garage. The Hotel Project is more particularly described as properties at 27
Church Avenue, S.E., Roanoke, Virginia and depicted as Official Tax Map Nos. 4015006,
4015007, and 4015008.
Bid: Payment for acquisition of Easements, as described in the Deed in the total amount of
✓l e_ and A01100 Dollars (S 1,00 , which shall be paid in
cash, certified check, or wire transfer at a closing to occur on or before October 31, 2016, or at
such other time as the parties agree to.
110 19 N 161
Bid: The right and financial ability of Bidder to operate the Hotel Project, as described in
Exhibit A attached hereto and made a part hereof.
Bid: Bidder acknowledges and confirms that Bidder has executed, delivered, has agreed to
perform, and is obligated under the Performance Agreement for Hotel Development,
Construction, Operation, and Maintenance dated December 18, 2013 (Hotel Performance
Agreement).
Bid: Bidder acknowledges and confirms that Bidder has executed, delivered, has agreed to
perform, and is obligated under a Parking Agreement dated December 18, 2013 with respect to
parking permits for use by guests of the Hotel Project.
Bid Term: The term for each of the Easements is set forth in Schedule I attached to the Bid
Form.
Bidder agrees, if its bid is accepted, to reimburse the City for the costs of any advertisements for
this matter.
State bidder's complete legal name, exactly as it is recorded with the Virginia State Corporation
Commission (SCC), or the complete legal name of bidder if it is not a corporation.
LEGAL NAME OF BIDDER: .7oet. Co n,,,,,,on weallin Pwi'✓ta,r� L
BY: pll-�k+/
f'o,._T51- TITLE:�_ona�.�P�B'
(Printed Title)
anted c)
STREET ADDRESS: 2.7 GW-rckt f\V_e ,Sep 12o r okii VA _Z`IO II
MAILINGADDRESS: NO w_ 131-oo-d _${ S�(-Fz 5,00i C.rr v;($C Zj601
CITY: ST
ZIP CODE:
TELEPHONE: (�6�)2'ti -�$��_ _FAX: (A6 -70_00(12
Bidder's SCC Identification Number:
BidR)o Easemcnu (929 -In)
SCHEDULEI
BID FORM
FOR
ACQUISITION OF EASEMENTS
IN CONNECTION WITH HOTEL PROJECT
AT MARKET GARAGE
The following chart is a summary of the twenty -seven (27) easements that are the subject
matter of this bid form:
Easement
Purpose
Citv Property affected
Term of
(Official Tax May No.)
Easement
A
Encroachment of Condominium
4015004
40 vears
Unit #I
A -1
Structure and support of Hotel
4015004
60 vears
A -2
Utility service equipment for Hotel
4015004
40 vears
Project
A -2
Utility service equipment for Hotel
4015003
40 vears
Project
A -2 -A
Ground for Lightning
4015004
40 vears
A -3
Utilities for Hotel Project (within
4015004
40 vears
garage)
A -3 -a
Private Sanitary Sewer Utilities for
4015004
40 vears
Hotel Project
A -3 -b
Private Power Utility for Hotel
4015004
40 vears
Project
A -3 -e
Gas Utility Services for Hotel
4015004
40 vears
Project
A -3 -d
Water Utility Services for Hotel
4015004
40 vears
Proiect
A -3 -e
Stormwater Utility Services for
4015004
40 vears
Hotel Project
A-4
Sprinkler system and other fire
4015004
40 years
suppression systems
A -5
Parking Garage control equipment
4015004
40 vears
A -6
Utilities within Air Space for
4015004
40 years
Hotel Project
A -7
Canopy and Flag Poles for Hotel
4015004
40 vears
Project on Northern Facade
A -8
Waterproofing Ceiling of
4015004
40 vears
Condominium Unit
A-9
Easement for exterior lighting
4015004
40 vears
attached to third level of the
Market Garagc
Bid Fonn rAiunNS (929 -16)
3
A -10
Canopy for Hotel Project on
4015004
40 vears
Eastern Facade
A -10
Canopy for Hotel Project on
4015003
40 vears
Eastern Facade
A -11
Easement for Installation
4015004
40 Years
Construction, Maintenance and
Repair of concrete pad for
Condominium Units
B -1 -A
Elevator Shaft within Market
4015004
40 vears
Garage (above a portion of
Condominium Unit #1)
B -1 -B
Elevator Shaft within Market
4015004
40 vears
Garage (below a portion of
Condominium Unit #1)
B -2
Access and egress northwest
4015004
40 vears
stairwell within Market Garage
B -3
Access and egress southwest
4015004
40 years
stairwell within Market Garagc
B -4
Access for removal of trash from
4015004
40 vears
Hotel
B -5
Easement for Access
4015004
40 vears
B -5
Easement for Access
4015003
40 vears
Bld Form 19 29 -161
4
EXHIBIT A TO
BID FORM
FOR
ACQUISITION OF EASEMENTS IN
CONNETION WITH HOTEL PROJECT
AT MARKET GARAGE
The legal rights of Bidder to operate the Hotel Project and the financial ability of Bidder to operate the
Hotel Project are described as follows:
Financial Ability to Operate the Hotel
South Commonwealth Partners, LLC through its affiliation with Windsor Aughtry Company, Inc. has
substantial experience in the development of urban hotels. Windsor Aughtry is an approved developer
for Marriott and is a preferred developer for Hilton Hotel Corporation. Additionally, Paul C. (Bo)
Aughtry, III, South Commonwealth Partners' Managing Member, serves as Chairman of Hilton's
Hampton Inn Advisory Council. Since 1995, the company has built fourteen hotels, with the last eight
having been urban infill projects on compressed sites, and seven of those utilize a parking garage for
their guest parking needs.
Recent Project Completions
1) Greenville, SC (2016): Located in downtown Greenville on River Street, the Embassy Suites is a 156
room, 7 story hotel fronting on the Reedy River. The hotel also contains a Ruth's Chris Steak House on
the ground floor and an expansive roof top bar and restaurant called UP On The Roof. The $37MM
project was constructed by Brasfield & Gorrie of Birmingham, AL.
2) Roanoke, VA (2016): Located in downtown Roanoke on Church Ave SE, the Hampton Inn & Suites is a
127 room, three story hotel built atop a 6 story parking garage with lobby space on the ground floor.
The $17MM hotel was constructed by Pride Construction, LLC of Memphis, TN.
3) Baton Rouge, LA (2013): Located in downtown Baton Rouge at the corner of Main and Lafayette
Streets, the Hampton Inn & Suites is a 137 room, 7 story hotel offering expansive views of the
Mississippi River, downtown, and the State Capital Grounds. The $17M hotel was constructed by Pride
Construction, LLC of Memphis, TN.
4) Greenville, SC (2010): Located in downtown Greenville at the corner of Main and Broad Streets, the
Courtyard Marriott is a 135 room hotel accompanied by 65,000 square feet of office and street level
retail. Also included is a 250 -space parking garage. The $45M project was constructed by Triangle
Construction of Greenville, SC.
5) Gainesville, FL (2009): Located in downtown Gainesville and blocks from the University of Florida and
several area hospitals, the Hampton Inn & Suites is a 122 room hotel that includes 7,500 square feet of
retail space. The $14.310 project was constructed by Pride Construction of Memphis, TN.
South Commonwealth Partners, LLC has the financial ability to operate the Hampton Inn & Suites at
Market Garage. The $37MM project is financed with approximately 30% owner equity with the
remaining 70% through conventional loan sources public grants. This financing structure of this project
mirrors that of the other hotel development projects that the group has been involved.
Legal Rights of Bidder to Operate the Hotel Project:
South Commonwealth Partners currently owns the condominiums and air rights associated with the
hotel project and holds a 20 year franchise license from Hilton International to operate a 127 room hotel
branded as a Hampton Inn & Suites at this location.
The Roanoke Times Account Number
Roanoke, Virginia RECEIVED 6017304
Affidavit of Publication FEB 0 7 2017
CITY ATTORNEY'S OFFICE Date
February 2, 2017
R. BRIAN TOWNSEND, ASSISTANT C
215 CHURCH AVE SW, ROOM 364
ROANOKE VA 24011
Date Category Description Ad Size Total Cost
10103/2016 Propas-Sld Blds-RFP ADVERTISMENT FOR INVITATION FOR BIDS 3 x 20.00 IN 4161.60
Publisher of the
Roanoke Times
I, (the undersigned) an authorized representative of the Roanoke
Times, a daily newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice ADVERTISEMENT FOR
INVITAT was published in said newspapers on the following dates:
10/03/2016
The First insertion being given ... 10/03/2016
Newspaper reference: 0000403119
Billing Representative
Sworn to and subscribed before me this Thursday, February 02, 2017
Notary
McENy �.
P.
P BY
tO�TA
LIC
State of Virginia ' * REG.#832164
City /County of Roanoke : MY eoMMIS5i0ry ,-
My Commission expires Q;
ALiH
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
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The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
.. - L
Cil CIerp
, NOEL C. TAYLOR MUNICIPAL BLDG
215 CHURCH AVENUE SW i6s) 457,
ROANOKE, VA 24011
Account Number
6017304
Dale
October 11, 2016
Date Category Description Ad Saa Total Cost
1011112016 Props Sid Bids -RFP ADVERTISEMENT FOR INVITATION FOR BIDS 3 x 20.00 IN 4,161 60
Publisher of the
Roanoke Times
I, (the undersigned) an authorized representative of the
Roanoke Times, a daily newspaper published in Roanoke, in the
State of Virginia, do certify that the annexed notice
ADVERTISEMENT FOR INVITAT was published in said newspapers
on the following dates:
1011112016
The First insertion being given ... 1 DO 112016
Newspaper reference: 0000409389
Billing Representative
Sworn to and subscribed before me this Tuesday, October 11, 2016
uw
Notary P lic PLIE Sz
State of Virginia �2
no
City/County of Roanoke REGismnn0o 10 <v5a3 =
My Commission expires "A1 =qqM ex mes
�13r�(p
`�02ARY PUULIC
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
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ADVERTISEMENT FOR INVITATION FOR BIDS
AND
NOTICE OF PUBLIC HEARING
Before the Council of the City of Roanoke
for Execution of a Deed of Easements,
Confirmatory Deed of Easement Rights and Obligations
Pursuant to the requirements of Sections 15.2 -2100, 15.2 -2101, 15.2 -2102, et seq., Code
of Virginia (1950), as amended, the City of Roanoke, Virginia (City) hereby gives notice that the
City is inviting bids from qualified bidders for the sale and transfer of certain easements on City -
owned properties within the City, all of which easements are set forth in the proposed Deed of
Easements, Confirmatory Deed of Easement Rights and Obligations (Deed), subject to the terms
and conditions of the proposed Deed. The proposed easements set forth in the proposed Deed
are to be granted to the successful bidder to be used in the development, construction, operation,
and maintenance of a hotel consisting of one hundred twenty -seven (127) rooms (Hotel Project)
that has been constructed above and within the City's Market Garage, 25 Church Avenue, S.E.,
Roanoke, Virginia (Market Garage) and adjacent parcels of City -owned property. The Hotel
Project is situated at 27 Church Avenue, S.E., Roanoke, Virginia, and more particularly depicted
as Official Tax Map Nos. 4015006, 4015007, and 4015008. The proposed easements will allow
the successful bidder to use portions of such City -owned properties for specific purposes in
connection with the Hotel Project. The proposed Deed includes twenty -seven (27) easements on
City -owned properties (Easements). The City -owned properties that will be subject to one or
more of the proposed easements are Official Tax Map No. 4015004 located at 25 Church
Avenue, S.E., and Official Tax Map No. 4015003 located at 106 Franklin Road, S.E. The
following chart summarizes the proposed casements:
Easement
Purpose
Citv Propertv affected
Term of
(Official Tax Map No.)
Easement
A
Easement for Encroachment
4015004
40 years
A -1
Structure and support of Hotel
4015004
60 years
A -2
Utility service equipment for Hotel
4015004
40 years
Project
A -2
Utility service equipment for Hotel
4015003
40 years
Project
A -2 -A
Ground for Lightning
4015004
40 years
A -3
Utilities for Hotel Project (within
4015004
40 years
garage)
A -3 -a
Private Sanitary Sewer Utilities for
4015004
40 years
Hotel Project
A -3 -b
Private Power Utility for Hotel
4015004
40 years
Project
A -3 -c
Gas Utility Services for Hotel
4015004
40 years
Project
A -3 -d
Water Utility Services for Hotel
4015004
40 years
Project
Notice of Public Hearing for Deed of Easements Revised (9- 29 -16)
A -3 -e
Stormwater Utility Services for
4015004
40 years
Hotel Project
A -4
Sprinkler system and other fire
4015004
40 years
suppression systems
A -5
Puking Garage control equipment
4015004
40 years
A -6
Utilities within Air Space for
4015004
40 years
Hotel Project
A -7
Canopy and Flag Poles for Hotel
4015004
40 years
Project on Northern Fagade
A -8
Waterproofing Ceiling of
4015004
40 years
Condominium Unit
A -9
Easement for exterior lighting
4015004
40 years
attached to third level of the
Market Garage
A -10
Canopy for Hotel Project on
4015004
40 years
Eastern Fagade
A -10
Canopy for Hotel Project on
4015003
40 years
Eastern Faqade
A -11
Easement for Installation,
4015004
40 years
Construction, Maintenance and
Repair of concrete pad for
Condominium Units
B -1 -A
Elevator Shaft within Market
4015004
40 years
Garage (above a portion of
Condominium Unit #1)
B -I -B
Elevator Shaft within Market
4015004
40 years
Garage (below a portion of
Condominium Unit #1)
B -2
Access and Egress to northwest
4015004
40 years
stairwell within Market Garage
B -3
Access and Egress to southwest
4015004
40 years
stairwell within Market Garage
B -4
Access for removal of trash from
4015004
40 years
Hotel
B -5
Easement for Access
4015004
40 years
B -5
Easement for Access
4015003
40 years
These proposed Easements are depicted
in detail in two (2) easement plats, dated
September
20 and 22, 2016 and prepared by Balzer
and Associates, Inc.
(Revised Easement
Plats).
The purpose of the proposed Easements as set forth in the Deed are for the development,
construction, operation, and maintenance of the Hotel Project, all as more fully set forth in the
proposed Deed. The proposed Easements replace the easement rights granted to South
Commonwealth Partners, LLC by deed from the City dated December 18, 2013, and recorded in
the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia, as Instrument No.
130014480 (Original Easement Rights). Any bidder shall be able to provide sufficient evidence
that such bidder has acquired the rights necessary to operate the Hotel Project, has the financial
N.,,,,,,l'P.M, Hrenng f.r Decd of Eexemmu Revised (9-27 -16)
2
ability to operate the Hotel Project, has entered into a Parking Agreement, dated December 18,
2013, for use of parking permits within the Market Garage (Parking Agreement), has entered into
a Performance Agreement for Hotel Development, Construction, Operation, and Maintenance
dated December 18, 2013 (Hotel Performance Agreement), and will be able to accept the
proposed Deed, subject to all of its terms and conditions.
If the City elects to grant and award the Easements as set forth in the proposed Deed, City
Council will be requested to adopt an ordinance to that effect. The full text of the proposed
ordinance granting and awarding the easements is on file and may be reviewed in the Office of
the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W.,
Roanoke, Virginia 24011. The City Clerk will also have copies of the necessary bid form
available. The proposed ordinance, proposed Deed, the Revised Easement Plats, and bid form
will be available at the City Clerk's Office on and after Monday, October 3, 2016.
Any interested entity is invited to submit a written bid, including a completed bid form,
for the Deed for the Easements as described above. Each bidder shall submit the following
information:
1. The legal name of the entity submitting the bid, including the Identification
Number issued to it by the Virginia State Corporation Commission.
2. The purchase price to be paid for the Easements described in the Deed.
3. The rights of the bidder to operate the Hotel Project and financial ability of the
bidder to operate the Hotel Project.
4. The bidder's acknowledgement and confirmation that bidder has executed, is
obligated under, and has agreed to perform the Hotel Performance Agreement.
5. The bidder's acknowledgement and confirmation that bidder has executed, is
obligated under, and has agreed to perform the Parking Agreement.
6. Other information as the bidder deems appropriate.
Item 3 may be submitted as short narrative statement. Bids are to be submitted in a sealed
envelope or container to the City Clerk at the address noted above on or before Noon, 12:00
p.m., local time, Monday, October 17, 2016. The outside of the bid envelope should be marked
as follows: "BID FOR ACQUISITION OF EASEMENTS IN CONNECTION WITH HOTEL
PROJECT AT MARKET GARAGE, TO BE OPENED AT THE CITY COUNCIL MEETING
AT 2:00 P.M. ON OCTOBER 17, 2016." The bid should be addressed to the City Council of
Roanoke, c/o Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215
Church Avenue, S.W., Roanoke, Virginia, 24011. All bids received will be held by the City
Clerk, unopened, until 2:00 p.m., local time, on Monday, October 17, 2016, at which time they
will be delivered to the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215
Church Avenue, S.W., Roanoke, Virginia, 24011, and thereafter be publicly opened and read
aloud in accordance with Section 15.2 -2102, Code of Virginia (1950), as amended.
Notice of Pubhc Hwang 6r Deed of Easements RevisM (9- 27 -16)
The City reserves the right to cancel this Invitation for Bids and /or to reject any and all bids, to
waive any informality or irregularity in the bids received, and to accept the bid which is deemed
to be in the best interest of the City.
The entity to whom the Easements in the Deed may be granted and awarded shall reimburse the
City for the costs of any advertisements for this matter.
Pursuant to the requirements of Sections 15.2 -2100, et seq., Code of Virginia (1950), as
amended, notice is hereby given that the Council of the City of Roanoke will hold a public
hearing on the above matters at its regular meeting to be held on Monday, October 17, 2016, at
7:00 p.m., local time, or as soon thereafter as Council is available, in the Council Chamber,
Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia,
24011. For further information on this matter, you may contact the Office of the City Clerk at
(540) 853 -2541.
All parties and interested persons may appear on the above date and time and be heard on the
matter.
If you are a person who needs accommodations for this hearing, please contact the City Clerk's
Office at (540) 853 -2541 before 12:00 noon on the Thursday before the date of the hearing listed
above.
GIVEN under my hand this 3rd day of October, 2016.
Stephanie M. Moon Reynolds, City Clerk.
Notice of Public Hearing for DW of Easunems Rnisea (9- 27 -16)
Note to Publisher:
Please publish twice in the Roanoke Times, legal notices, once on Monday, October 3, 2016, and
once on Monday, October 10, 2016.
Please send bill to:
R. Brian Townsend
Assistant City Manager for Community
Development
364 Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
(540) 853 -2333
Nonce of Public Hearing for De ca of Easements Revis d (9-27 -16)
Please send affidavit of publication to:
Stephanie M. Moon Reynolds
City Clerk's Office
456 Noel C. Taylor Municipal Building
215 Church Avenue, S. W.
Roanoke, VA 24011
(540) 853 -2541