HomeMy WebLinkAboutCouncil Actions 11-20-17it
GARLAND
41001 - 112017
ROANOKE CITY COUNCIL
REGULAR SESSION
NOVEMBER 20, 2017
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order - -Roll Call. All Present
The Invocation was delivered by The Reverend Steven E. Hall, Pastor,
Roanoke Valley Bible 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.
NOTICE:
Today's Council meeting will be televised live and replayed on RVTV Channel 3
on Thursday, November 23 at 7:00 p.m., and Saturday, November 25 at
4:00 p.m.; and video streamed through Facebook Live at
facebook .com /roanokecitycouncil. Council meetings are offered with closed
captioning for the hearing impaired.
ANNOUNCEMENTS:
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 — one vacancy
Term of office ending December 31, 2020
City of Roanoke Redevelopment and Housing Authority — one vacancy
Term of office ending August 31, 2021
Human Services Advisory Board — one vacancy
Unexpired term ending November 30, 2020
Towing Advisory Board — one vacancy
Term of office ending October 31, 2020
Youth Services Citizen Board — one vacancy
Tenn of office ending June 30, 2020 (Citizen At- Large)
Access the City's homepage to complete an online application for the
abovementioned vacancies.
2. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE.
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.
Robert Gravely and Barbara Duerk appeared before the Council,
respectively.
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.
C -1 Minutes of the regular meeting of City Council held on Monday,
November 6, 2017.
RECOMMENDED ACTION: Dispensed with the reading of the minutes
and approved as recorded.
2
C -2 A communication from the City Manager requesting that Council convene
in Closed Meeting to discuss the disposition of approximately 12.10 acres of City -
owned property, being three parcels located at 2839, 2903, and 0 Peters Creek
Road, N. W., where discussion in an open meeting would adversely affect the
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 -3 A communication from the City Manager requesting that Council schedule
a public hearing to be held on Monday, December 18, 2017, at 7:00 p.m., or as
soon thereafter as the matter may be heard, or such later date and time as the
City Manager may determine, to consider boundary amendments to Enterprise
Zone One A and its Subzone B.
RECOMMENDED ACTION: Concurred in request.
C -4 A communication from the City Attorney requesting that Council schedule
a public hearing to be held on Monday, December 18, 2017, at 7:00 p.m., or as
soon thereafter as the matter may be heard, or such later date and time as the
City Manager may determine, to consider changes to the stormwater fee code to
allow application of partial payments to the oldest overdue bill on a real estate tax
bill.
RECOMMENDED ACTION: Concurred in the request.
C -5 A communication from the City Attorney requesting that Council schedule
a public hearing to be held on Monday, December 18, 2017, at 7:00 p.m., or as
soon thereafter as the matter may be heard, or such later date and time as the
City Manager may determine, on a proposed voter precinct realignment.
RECOMMENDED ACTION: Concurred in the request.
C -6 A communication from the City Manager in response to the request from
Citizens' Climate Lobby for a resolution supporting federal legislation to impose a
carbon fee for the use of carbon -based fuels and establish dividends distributable
to consumers.
RECOMMENDED ACTION: Received and filed.
C -7 A communication from the City Manager transmitting the FY 2018 City
Manager Transfer Report.
RECOMMENDED ACTION: Received and filed.
C -8 A communication from the Assistant City Manager for Community
Development regarding a meeting with cab companies on Monday, October 30,
2017, in response to a request of City Council.
RECOMMENDED ACTION: Received and filed.
C -9 A communication from the City Clerk advising of the resignation of Wayne
Bowers as a City representative of the Western Virginia Regional Industrial
Facility Authority, effective immediately.
RECOMMENDED ACTION: Accepted the resignation and received and
filed the communication.
C -10 A communication from the City Clerk advising of the resignation of
Antwyne U. Calloway as a member of the Roanoke Neighborhood Advocates,
effective immediately.
RECOMMENDED ACTION: Accepted the resignation and received and
filed the communication.
C -11 Reports of qualification of the following individuals:
Brianna Wilson as a member (Alternate Student/William Fleming
High School) of the Youth Services Citizen Board, for a term of
office ending June 30, 2018;
Robert H. Logan, III, as a member of the Board of Zoning Appeals
for a three -year term of office ending December 31, 2020; and
Meg Carter as a City representative of the Visit Virginia's Blue
Ridge, Board of Directors, to fill the unexpired term of office of Della
Watkins ending June 30, 2018.
RECOMMENDED ACTION: Received and filed.
REGULAR AGENDA:
5. PUBLIC HEARINGS: NONE.
6. PETITIONS AND COMMUNICATIONS:
a. A communication from the City Treasurer recommending acceptance and
appropriation of funds received for reimbursement for being a Licensed
Agency of DMV ( "DMV Select ").
Adopted Budget Ordinance No. 41001 - 112017. (7 -0)
7. REPORTS OF CITY OFFICERS AND COMMENTS OF THE
CITY MANAGER:
a. CITY MANAGER:
BRIEFINGS:
• Presentation of the FYI Unaudited Results - 15 minutes
Received and filed.
• Financial Report for the - 15 minutes
period ended October 31, 2017
Received and filed.
ITEMS RECOMMENDED FOR ACTION:
Acceptance and appropriation of the Byrne Justice Assistance
Grant funds from the Virginia Department of Criminal Justice
Services to support the Positive Action in Roanoke Project.
Adopted Resolution No. 41002-112017 and Budget Ordinance
No. 41003-112017. (7.0)
2. Acceptance and appropriation
States Department of Justice
Partnership Grant Award for
Departments.
of funds received from the United
for the FY 2018 Bulletproof Vest
use by the Police and Sheriff's
Adopted Resolution No. 41004 - 112017 and Budget Ordinance
No. 41005-112017. (7 -0)
3. Authorization of an Encroachment Permit at the Williamson
Road /Hershberger Road intersection to install two cameras on the
mast arms.
Adopted Ordinance No. 41006- 112017. (7 -0)
At 3:32 p.m., the Council meeting was recessed to be reconvened for a joint
meeting of the Council, Roanoke City School Board and Area Legislators to
discuss the 2018 Legislative Program; and immediately following the joint
meeting, a special meeting of the Greater Roanoke Transit Company Stockholder
to convene in a Closed Meeting.
At 4:48 p.m., the Council meeting was reconvened.
COMMENTS OF THE CITY MANAGER.
The City Manager shared the following comments:
Drumstick DASH Family 5K Walk and Run
• Nov. 23, starting at 9 a.m. This race is a family - friendly event held each year
on Thanksgiving morning to benefit the Roanoke Rescue Mission.
• The route will wind through downtown Roanoke, starting at Williamson and
Franklin Roads, and end on the historic Roanoke City Market.
• This event has more than a dozen local sponsors, with Union Bank & Trust as
the lead sponsor.
Dickens of a Christmas
• This is everyone's favorite holiday event, held on the first three Fridays in
December every year.
• This year, Dickens is celebrating its 35th anniversary.
• On Dec. 1, the City of Roanoke Christmas Tree Lighting will be held at 6:15
p.m., with other activities running from 5:30 to 10 p.m.
Due to Franklin Road Bridge construction and detour route along Jefferson
Street, it will be necessary for this year's Christmas Parade to be moved to
Saturday, Dec. 9, at 6 p.m.
• On Dec. 8, instead of the parade — the Dickens Winter Carnival will be held
from 6 to 10 p.m.
• On Dec. 15, Dickens will feature the RVSPCA Pet Costume Contest at
beginning at 6:30 p.m.
• More information is available at www.downtownroanoke.org
'.Elmwood on Ice" is open for business
• We encourage citizens to make time for ice skating and ice sliding in
Elmwood Park between now and January 28, 2018.
• The Skating Rink and Ice Slide time is unlimited on the day you purchase
your ticket.
• Parking is available around Elmwood Park including in the Elmwood Park
Garage and Lot, which are free weekdays after 5 p.m. and all weekend.
• Hours and admission information are available at www.downtownroanoke.org
8. REPORTS OF COMMITTEES:
a. A report of the Roanoke City School Board requesting appropriation of
funds for various educational programs; and a report of the City Manager
recommending that Council concur in the request. Donna Caldwell,
Director of Accounting, Spokesperson.
Adopted Budget Ordinance No. 41007- 112017. (7 -0)
9. UNFINISHED BUSINESS: NONE.
10. INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS:
a. A resolution appointing Matthew Fink as a Director of the Economic
Development Authority.
Adopted Resolution No. 41008- 112017. (7 -0)
11. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and /or comments by the Mayor and Members of City Council.
The City Manager was authorized to submit the appropriate request to the
City Planning Commission to release City -owned property at 2750 Hoover
Street, N. W., bearing Official Tax Map No. 2430601, a portion of the Villa
Heights Park; and vacate the right of the City to maintain and operate and
the right of the public to use the Recreation Center Parcel portion of the
Park, and execute such other documents and take such other actions as
are necessary to effectuate, implement and administer the request to the
Planning Commission to vacate and release of the City's right to maintain
and operate and the right of the public to use the Recreation Center Parcel
portion of the Park, in accordance with applicable law. (6.0, Council
Member Dykstra abstained from voting inasmuch as she has a personal
interest in the matter since her employer, Boys & Girls Clubs of Southwest
Virginia, Inc., has an interest in a lease transaction with Restoration
Housing)
The 381h Annual Old Southwest Parlor Tour of Homes on Saturday,
December 2, 2017 from 5:00 p.m. — 9:00 p.m.; and Sunday, December 3,
2017 from 1:00 p.m. — 5:00 p.m.
November 2017 declared as Men's Health Month (known as Movember)
Congratulations to Roanoke Catholic High School on its VISAA Division III
State Championship Football Game on November 17, 2017.
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council. NONE.
12. RECESS - 5:04 P.M.
City Council meeting declared in recess for a Closed Meeting in the Council's
Conference Room, and thereafter, to be reconvened at 7:00 p.m., in the Council
Chamber.
ROANOKE CITY COUNCIL
REGULAR SESSION
NOVEMBER 20, 2017
7:00 P.M.
CITY COUNCIL CHAMBER
/[eTA : M
Call to Order - -Roll Call. Council Member Trinkle was absent.
The Invocation was delivered by The Reverend Dova C. Hensley, Pastor,
First Church of the Brethren.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Sherman P. Lea, Sr.
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, November 23 at 7:00 p.m., and Saturday, November 25 at
4:00 p.m.; and video streamed through Facebook Live at
facebook .com /roanokecitycouncil. Council meetings are offered with closed
captioning for the hearing impaired.
A. PRESENTATIONS AND ACKNOWLEDGEMENTS:
A resolution naming Nicole Harris as the 2017 Citizen of the Year.
Adopted Resolution 41009 - 112017. (6 -0)
Recognition of winners of the 13th Annual Fire Prevention Week Art Contest.
Presented Certificates of Achievement to the winners.
Recognition of the Community Health Promoters Program Graduates.
Presented Certificates of Achievement to 21 graduates.
B. PUBLIC HEARINGS:
Request of Crandall Providence Building to rezone property located at 813
Franklin Road, S. W., from MX, Mixed Use District, to MXPUD, Mixed Use
Planned Unit Development District. David Crandall, Spokesperson.
Adopted Ordinance No. 41010-112017. (6 -0)
Request of Greater Roanoke Transit Company to vacate an alley between
and parallel to 11th Street, S. E., and 12th Street, S. E., approximately 10
feet in width and extending perpendicular from the southern edge of
Campbell Avenue, S. E., approximately 175 feet to the northern edge of
Kirk Avenue, S. E. Carl L. Palmer, General Manager, Spokesperson.
Adopted Ordinance No. 41011. 112017. (6 -0)
3. Proposal of the City of Roanoke to consider the sale of property located at
1950 Blue Hills Drive, N. E., consisting of approximately 12.042 acres,
more or less, together with all improvements thereon, to Humm
Kombucha LLC, an Oregon limited liability company, for the construction
and operation of a brewery and packaging facility. Robert S. Cowell, Jr.,
City Manager.
Adopted Ordinance No. 41012- 112017. (6 -0)
C. OTHER BUSINESS:
A report of the City Manager recommending execution of a
Commonwealth's Development Opportunity Fund Performance Agreement
among the City of Roanoke, the Economic Development Authority of the
City of Roanoke, and Humm Kombucha, LLC (for itself and its subsidiaries
and affiliates) for construction and operation of a brewery and packaging
facility to be located at 1950 Blue Hills Drive, N. E.
Adopted Ordinance No. 41013. 112017 and Budget Ordinance No.
41014 - 112017. (5 -0, Vice -Mayor Price was not present when vote was
recorded.)
2. A report of the City Manager recommending execution of a Performance
Agreement regarding an Operation Period Economic Development Grant
among the City of Roanoke, the Economic Development Authority of the
City of Roanoke, and Humm Kombucha, LLC (for itself and its subsidiaries
and affiliates) for construction and operation of a brewery and packaging
facility to be located at 1950 Blue Hills Drive, N. E.
Adopted Ordinance No. 41015- 112017. (5 -0, Vice -Mayor Price was
not present when vote was recorded.)
D. 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.
Terry Huxhold appeared before the Council regarding recent fires in the
southeast neighborhood.
E. ADJOURN - 8:06 P.M.
10
November 21, 2017
Pastor Steven E. Hall
Roanoke Valley Bible Church
121 Campbell Avenue, S. E.
Roanoke, Virginia 24011
Dear Pastor Hall:
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, November 20, 2017.
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
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avetie, S. W., Sithe 456
hnq =�
Roanoke, Virginia 24011 -1536
Telephone: (540)853 -2541
Fn.: (540)853-1145
N'1'4PDANIE M. MOON REYNOLDS, MM(.
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CECELIA F. MCCOY
City Clerk
Dfpnty City Clerk
CECELIA T. WEBB, CM( -
Assistant Deputy City Clerk
November 21, 2017
Pastor Steven E. Hall
Roanoke Valley Bible Church
121 Campbell Avenue, S. E.
Roanoke, Virginia 24011
Dear Pastor Hall:
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, November 20, 2017.
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
aCITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: November 20, 2017
Subject: Request for Closed Meeting
This is to request that City Council convene a closed meeting to discuss the
disposition of approximately 12.10 acres of City -owned property, being three
parcels located at 2839, 2903, and 0 Peters Creek Road, N.W., and bearing
Official Tax Map Nos. 6410104, 6410105, and 6410106, respectively, where
discussion in an open meeting would adversely affect the bargaining position or
negotiating strategy of the public body, pursuant to §2.2- 3711.A.3, Code of
Virginia (1950), as amended.
-- --- - - - ---- --- - - - - - --
Robe 5. Cowell, fir.
City Manager
Distribution: Council Appointed Officers
eCITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: November 20, 2017
Subject: Request to Schedule a Public Hearing to Consider Boundary
Amendments to Enterprise Zone One A and its Subzone B
Background /Considerations:
Due to anticipated development of key properties which are not presently
located within the Enterprise Zone, staff has identified a need to apply for
boundary amendments to the City's Enterprise Zone One A and its Subzone B.
Such amendments, if approved by the Virginia Department of Housing and
Community Development, will also delete certain areas which are ineligible for
Enterprise Zone benefits and /or are not capable of being developed from
Enterprise Zone One A and its Subzone B and /or have taken advantage of
Enterprise Zone incentives in the recent past and are not likely to apply in the
future. This amendment will also add certain areas where future development
is anticipated into Enterprise Zone One A and its Subzone B.
A public hearing is required to be held by the City Council prior to the submittal
and approval of any such amendments by the Virginia Department of Housing
and Community Development.
Recommended Action:
Authorize the City Clerk to schedule and advertise a public hearing on the
above matters to be held on Monday, December 18, 2017 at 7:00 P.M., or as
soon as the matter may be reached, or at such later date and time as deemed
appropriate by the City Manager.
i
Robert S. Cowell, Jr.
City Manager
Distribution: Council Appointed Officers
Amelia C. Merchant, Acting Director of Finance
R. Brian Townsend, Asst. City Mgr. for Community Development
Wayne Bowers, Director, Economic Development
Brandon S. Turner, Econ. Develop. Specialist, Economic Development
Daniel J. Callaghan
City Attorney
CITY OF ROANOKE
OFFICE OF THE CITY ATTORNEY
464 MUNICIPAL_ BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011-1595
TELEPHONE 540-853 -2431
FAX 540. 853.1221
EMAIL: ci yarry@roanokeva.gov
November 20, 2017
The Honorable Sherman P. Lea, Sr., Mayor
and Members of City Council
Roanoke, Virginia
Timothy R. Spencer
Steven J. Talevi
David L. Collins
Heather P. Ferguson
Laura M. Carini
Assistant City
Attorneys
Re: Request for Scheduling and Advertisement of a Public Hearing Regarding an Amendment to
Section 11.5 -8, Billing, penalties and interest, Chapter 11.5, Stormwater Utility, Code of the
City of Roanoke (1979), as amended
Mayor Lea and Members of Council:
Background:
Pursuant to Ordinance No. 39808 - 111813, adopted by City Council on November 18, 2013, after a public
hearing was scheduled and advertised for council to consider the matter, City Council amended the City
Code by enacting new Section 11.5, Stormwater Utility, which, among other things, provided for the
imposition of a stormwater utility fee against all improved parcels of real estate situated in the City of
Roanoke (except such parcels that were otherwise excepted by the ordinance), for the purpose of offsetting
the costs and expenses incurred by the City of treating stormwater discharged from improved real property
into the City's stormwater management system. Section 11.5 -8 of the City Code, Billing, penalties and
interest provides that the stormwater utility fee may be combined and billed on the same schedule as real
estate taxes, and that when such billing is combined, payments received will be fast applied to the
stormwater fee, and the remainder of the payment applied to all other taxes and fees.
Subsequent to adoption of Ordinance No. 39808 - 111813, City Council adopted Ordinance No. 40816-
051517 on May 15, 2017, which amended Section 14.1 -5 of the City Code, Fees for collection, of Chapter
14.1, Solid Waste Management and authorized fees for the collection of solid waste by the City from the
owners of real property situated in the City of Roanoke. Section 14.1 -5(c) of the City Code further
authorized the City to combine and bill such solid waste collection fees with real estate taxes, and that when
such billing is combined, payments received will be first applied to the solid waste collection fees, then to
the stormwater utility fee, and the remainder of the payment is to be applied to all other taxes and fees as
determined by the City Treasurer. In June 2017, City Council adopted Ordinance No. 40878 - 061917, to
amend Section 11.5-8 of the City Code to conform the stormwater code section with Ordinance No. 40816-
051517.
The City treasurer's Office has historically applied payments received from property owners for taxes and
fees first to the most delinquent account then to current amounts due. This practice helps prevent taxpayers
from becoming further behind in their payments, as additional interest and penalty are added to delinquent
amounts that are due.
Considerations
The practice of the City Treasurer's Office of applying tax payments to the most delinquent account
conflicts with Section 11.5 -8 and Section 14.1 -5(c) of the City Code. After discussion of this matter among
relevant City staff including the City Treasurer's Office, staff recommends that the City Treasurer's practice
be continued as it benefits taxpayers by helping prevent them from becoming behind in their payments.
Moreover, the technical limitations of the software used by the City that processes tax payments and which
software applies payments received to the most delinquent account, may prevent revisions to the software
to allow for the application of payments in the manner directed by Section 11.5 -8 and Section 14.1 -5(c) of
the City Code. For these reasons, staff recommends that Section 11.5 -8 and Section 14.1 -5(e) be amended to
provide that payments received for amounts invoiced on the real estate tax statement continued to be applied
first to the solid waste collection fee, then to the stormwater utility fee, with the remainder of the payments
applied to taxes and fees as determined by the City Treasurer, except that when an account has one or more
delinquent amounts due, such payment will be applied first to the account that is the most delinquent before
the payment would be applied to any current amounts due. Under Section 15.2 -2114, et seq., Code of
Virginia (1950), as amended, prior to amending any provision of the City's Stormwater Utility Ordinance,
the City is required to give public notice and conduct a public hearing for City Council to consider the
matter.
City administration will propose an amendment to Section 14.2 -5(e) of City Code to adjust the payment
schedule in Chapter 14.1, Solid Waste Management. Amendment of this section does not require a public
hearing.
Recommended Action:
Authorize the scheduling and advertisement of a public hearing on December 18, 2017 at 7:OOpm, or soon
thereafter as the matter may be heard, or at such later date and time as determined by the City Manager, for
City Council to consider amending and reordaining Section 11.5 -8, Billine, penalties, and interest, of
Chapter 11.5, Stormwater Utility, of the Code of the City of Roanoke (1979), as amended in the manner set
forth above.
Sin erely,
Dame Vllagha
City Attorney
DJC/
c: Robert S. Cowell, Jr. City Manager
R. Brian Townsend, Acting City Manager
Sherman Stovall, Assistant City Manager for Operations
Amelia C. Merchant, Acting Director of Finance
Troy A. Harmon, City Auditor
Stephanie M. Moon Reynolds, City Clerk
CITY OF ROANOKE
t3 OFFICE OF THE CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCI I AVENUE, SW
11+✓ ROANOKE, VIRGINIA 24011.1595
Daniel J. Callaghan TFLEPHONE 544 853 -2431
City Attorney FAX 540,£953.1221
EMAIL: cnatty@rmnokeva.gov
November 20, 2017
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Timothy R. Spencer
Steven J. Talevi
David L. Collins
Heather P. Ferguson
Laura M. Carini
Assistant City Attorneys
Re. Request Public Hearing for Proposed Ordinance to Realign Certain Voter Precincts
Dear Mayor Lea and Members of Council:
This report is to request that City Council authorize the City Manager to schedule a public hearing to
consider a realignment of certain Voter Precincts within the City.
Background
In 2015, after receipt of a report from a task force created to review voter precincts within the City,
City staff worked with Council Member Bestpitch to develop a precinct realignment plan with the
primary objective of creating voter precincts with active voters more evenly distributed within the
precincts. The task force had recommended reducing the number of voter precincts from one (1)
central absentee voter precinct and 32 local voter precincts to one (1) central voter precinct and 20
local voter precincts. After further review, the City Attorney, the Registrar, members of the Electoral
Board, and City staff within the Department of Technology developed an ordinance to establish one
(1) central absentee voter precinct and 21 local voter precincts. In November 2015, City Council
adopted Ordinance No. 40401 - 111615 to establish 21 local voter precincts, designate a polling place
within each precinct, and maintain one (1) central absentee voter precinct at the office of the General
Registrar.
Subsequent to the establishment of the 21 voter precincts and after the March 2016 elections, Vice
Mayor Price, Council Member Bestpitch, and the Registrar noted some concerns with Voter Precinct
No. 18, Virginia Heights - Norwich. Due to the geography of the area, Precinct No. 18 is split by the
Roanoke River and the Norfolk Southern Railway lines, and these conditions may create difficulties
for voters who must travel from the north side of Precinct No. 18 to the polling place in the
southernmost part of Precinct No. 18. In addition, the GRTC bus routes do not provide voters within
Precinct No. 18 with the ability to easily travel to the polling place.
In order to alleviate these issues, the City Attorney, the Registrar, and City staff within the
Department of Technology are developing a proposed realignment of the current voter precincts that
will reduce the number of local voter precincts to 20 by adjusting the boundaries of certain precincts
adjacent to Precinct No. 18 to subsume former Precinct No. 18. In order to realign Voter Precinct No.
18, Virginia Heights- Norwich, changes will be proposed to Voter Precinct No. 10, Old Southwest -
Wasena, Voter Precinct No. 11, Raleigh Court, Voter Precinct No. 17, Lee -1 Ii, Voter Precinct No. 19,
Summit Hills, Voter Precinct No. 20, Forest Park, and Voter Precinct No. 21. Eureka Park.
Recommended Action
Authorize the scheduling and advertising of a public hearing on December 18, 2017, at 7:00 p.m., or
as soon thereafter as the matter may be heard, or at such later date and time as the City Manager may
determine, and that the public hearing be advertised in accordance with the requirements of Section
24.1306(A) of the Code of Virginia (1950), as amended, to receive comments and input from the
public on proposed revisions to voter precincts.
Thank you for your consideration
Sincerely,
Uanicl J. Ca an
City Attorney
c: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community Development
Sherman M. Stovall, Assistant City Manager for Operations
Amelia C. Merchant, Acting Director of Finance
Andrew Cochran, General Registrar
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephane: (540)853 -2541
Fas: (540)853 -1145
E -mail: elerirdraanokeva.gov
CECELIA F. MCCOY
STEpiIAN1E M. MOON REYNOLUS, MMC
Deputy City Clerk
City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
November 21, 2017
Dr. David L. Dixon, III, Member
Ross Merriam, Member
Pastor Michael Duval, Member
Journey Church, Member
Joy Sylvester Johnson, Member
Roanoke Valley Chapter of the Citizens' Climate Lobby
Dear Ladies and Gentlemen:
I am enclosing copy of a communication from Robert S. Cowell, Jr., City Manager,
regarding your request that the Roanoke City Council consider the adoption of a
resolution supporting federal legislation to impose a carbon fee for the use of carbon -
based fuels and establish dividends distributable to consumers, which communication
was before the Council of the City of Roanoke at its regular meeting held on Monday,
November 20, 2017.
No action was recommended by the City Manager, and therefore, the communication
was received and fled.
Sincerely,
�. �C oLL
Stephanie M. Moon Reynolds,
City Clerk
Enclosure
PC: Robert S. Cowell, Jr., City Manager
Daniel J. Callaghan, City Attorney
Michael Shockley, Director, General Services and Sustainability
OFFICE OF THE CITY MANAGER
Noel Church Municipal Room
R a Church Avenue, 011 Room 36y
Roanoke, Virginia zGOv
ROANOKE
540
vvvaun. =333
www.ra.2333 a.gov
November 20, 2017
Honorable Mayor and Members of City Council:
Subject: Request - Citizens' Climate Lobby
Background
At the October 16, 2017 meeting of City Council, representatives of Citizens' Climate
Lobby requested that Council consider the adoption of a resolution supporting federal
legislation to impose a carbon fee for the use of carbon -based fuels and establish
dividends distributable to consumers. A carbon fee would place a price on carbon -based
fuels so the consumer cost reflects the true cost to society, including the impact on the
global climate. The dividend portion of the proposal would return 100% of the net carbon
fee back to households. Citizens' Climate Lobby represents that the carbon fee and
dividend will:
• Account for the cost of burning fossil fuels in the price consumers pay.
• Cut emissions enough to stay below the "warning" threshold for global warming.
• Growjobs and gross domestic product.
• Recruit global participation in reducing carbon emissions.
City Efforts to Reduce Carbon Emissions
Over the past 10 years, the City of Roanoke has been committed and active in efforts to
make the community and municipal operations more sustainable, including the reduction
of carbon emissions. Our efforts have included a focus on energy efficiency, alternative
fuels, community outreach and education, and transportation alternatives.
On September 2, 2008, City Council adopted a resolution establishing carbon emission
reduction targets of 10% for the community and 12.5% for municipal operations over a
five -year period as the foundation for protecting our environment. The activities associated
with more sustainable practices resulted in a reduction of carbon emissions of 13.4% for
the community and 25.5 %for municipal operations. On June 6, 2016, City Council adopted
another resolution establishing carbon emission reduction targets of an additional 10%
for the community and 12.5% for municipal operations for the period January 2015
through December 2019.
As referenced above, the ability of the City to achieve success in reducing carbon
emissions has been based on adopting sustainable strategies and practices, as well as
engaging the community (residential, commercial, and industrial sectors) through avariety
outreach and education programs. The ability to implement sustainable practices is
facilitated by participation and membership in several organizations such as ICLEI Local
Governments for Sustainability, Global Covenant of Mayors for Climate and Energy, Better
Buildings Challenge, Urban Sustainability Directors Network, Virginia Energy and
Sustainability Peer Network, US Green Building Council, Resilient Virginia, and Virginia
Clean Cities. Community outreach and education programs have included Clean and Green
Business Coalition, Cafe2, Biggest Loser Community Challenge, Green Academy, Save -A-
Ton, Solarize Roanoke, Weatherize Roanoke, and Envision Roanoke. It should be noted
that Envision Roanoke is an open community forum that asks for citizen input on how
Roanoke can move forward toward a greener future.
Conclusion
While the efforts of the Citizens' Climate Lobby to reduce carbon emissions should be
applauded, the use of a strategy which includes advocating for a carbon fee and dividend
is not a part of the City's toolbox and action plan. Advocating for the imposition of a
carbon fee and dividend at the federal level could also be detrimental to our efforts in
supporting passage of the Marketplace Fairness Act.
The City has achieved success in reducing community and municipal carbon emissions. A
Climate Action Plan has been developed to identify strategies and practices that focus on
ensuring continued success. Council previously adopted a resolution reaffirming its
commitment to reducing carbon emissions and established new reduction targets. It is the
opinion of staff that this additional legislative initiative is not required at this time.
Sincerely,
Rob t . Cowe , r.
City Manager
Council Appointed Officers
Sherman M. Stovall, Assistant City Manager for Operations
R. Brian Townsend, Assistant City Manager for Community Development
Michael Shockley, Director of General Services and Sustainability
Dr. David L. Dixon, III, M.D.
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: November 20, 2017
Subject: FY 2018 City Manager Transfer Report
Background:
Under City Code section 2 -212 the Director of Finance shall report quarterly to
City Council any City Manager Transfers in excess of one hundred thousand
dollars ($100,000) between funds, as well as between project and program
accounts in the capital project fund and grant fund.
Recommended Action:
File and receive the attached City Manager Transfer report for the V quarter
ended September 30, 2017.
-------------------- - - - - --
Robert S. Cowell, Jr.
City Manager
Distribution: Amelia C. Merchant, Acting Director of Finance
Sherman M. Stovall, Asst. City Manager for Operations
R. Brian Townsend, Asst. City Manager for Community Development
City of Roanoke, Virginia
Report of City Manager Transfers
Three Months Ended September 30, 2017
(Unaudited)
Transfer
Number
Date Explanation
From
CMT17 -00107
08/02/17 Transferring FYI funding from
General Fund- Capital
Capital Outlay to approved IT
Outlay
Capital Accounts
CMT17 -00117
09/27/17 Transfer of funds from Orange
Bridge Maintenance and
Avenue and 9th Street Bridge
Bridge Rehabilitation
Rehab Projects to Berkley Road
accounts for Orange
Bridge Renovations per
Avenue and 9th Street
agreement with VDOT
Bridges
To
Amount
Various DOT Capital Project $ 575,000
Accounts
Berkley Road Bridge $ 439,584
Renovation
Notes'
Under City Code section 2 -121, the City Manager has authority to make transfers of any amount within or between funds during the fiscal
year and after June 30th to ensure proper expenditure reporting and budgetary controls for the prior fiscal year The scope of this report is
limited to transfers in excess of $100,000 between funds and between project/program accounts in the Capital Project Fund and Grant Fund
To: Honorable Mayor and Members of City Council
Date: November 9, 2017
Subject: Meeting with Taxi Cab Companies
As requested by City Council, City administration, represented by Assistant City
Manager Brian Townsend, Police Chief Tim Jones, and Senior Assistant City
Attorney Timothy Spencer met with representatives of Cab Companies in the
City on Monday, October 30, 2017. Present from the Cab Companies were
William and Steve Roberts, representing Yellow Cab Services, Bennett Early,
representing B Early Cab Service, and City Cab Company, represented by Goran
Mirza.
The purpose of the meeting was to review with the representatives the content
and breadth of regulations of taxi cabs and public service vehicles as contained
in Chapter 34, Division III of the Code of the City of Roanoke, 1979, as
amended. A copy of the meeting agenda is attached to this report. A copy of
Chapter 34, Division III was also provided to the representatives. Upon a
general overview and discussion of the content of this information, it was the
consensus of the group that the provisions of the City Code as it pertains to the
general regulation of taxi cab operations; permitting of taxi cab companies; the
annual licensing of taxi cab drivers; and the regulation of fares by the City were
consistent with, and supportive of, the operation of taxi cabs in the City. Staff
indicated to the group that the administration would continue its review of the
content of the Division III of Chapter 34 to ensure there were no technical or
administrative related amendments that were in order at this time, and would
remain in contact with the group if any technical amendments to Division III of
Chapter 34 would be forthcoming.
The representatives requested that the City administration review the location
and extent of designated cab stands in downtown Roanoke, especially in light
of, and in proximity to, the recently completed Amtrak Boarding platform on
Norfolk Avenue.
During the meeting, discussion from the representatives did turn to several
items that they wished to bring to the City's attention that fell outside of the
rules, regulations, and authority as contained in Chapter 34, Division III of the
City Code, as outlined below:
• The City should advocate for and support rules and regulations of TNC
(Transportation Network Companies) that are on par with those which
apply to traditional taxi cab / for -hire automobiles, especially those that
would require that drivers for such companies be subjected to criminal
background checks. This would require consideration and action by the
General Assembly.
• The City should advocate for and support an expansion of the criminal
background check process to include national level information as
opposed to only criminal history within the Commonwealth of Virginia.
This would require consideration and action by the General Assembly.
Brian Townsend
Assistant City Manager for Community Development
Distribution: Council Appointed Officers
Taxi Cab Regulations
Agenda
October 30, 2017
1. Overview of Purpose
2. Overview of City Regulations
Chapter 34, Article III: Public Vehicles (TaxiCabs and For -Hire
Automobiles)
• Division I: General Powers (34 -58 through 34 -81)
• Definitions and Authority
• Compliance
• General Rules
• Procedures
• Division II: Permit to Operate (Owner) (34 -91 through 34 -99)
• Application and Process
• Review and Approval
• Revocation
• Appeals
• Division III: Driver's License
• Application and Process
• Review and Approval
• Terms and Renewal
• Suspension /Revocation
• Records
(34-110 through 34-117)
• Division IV: Fares (34 -129 through 34 -134)
• Definition of Waiting Time
• Rate Schedule
• Procedures / General Regulations
3. Discussion / Next Steps
CITY OF ROANOKE
OFFICE OH THE CITY CLERK
215 ChurrL Amine, N. W., Room 456
Roanokc,Vilginilt 24011 -1536
ltdcpamm: (541)) 851 -2541
Far: (5411)X59 -1145
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November 21, 2017
Wayne Bowers, Director
Economic Development
Roanoke, Virginia
Dear Mr. Bowers:
A communication from the City Clerk advising of your resignation as a member of the
Western Virginia Regional Industrial Facility Authority was before the Council of the City
of Roanoke at a regular meeting, which was held on Monday, November 20, 2017.
On behalf of the Members of Roanoke City Council, I would like to express appreciation
for your service to the City of Roanoke as a member of the Western Virginia Regional
Industrial Facility Authority from February 4, 2014 to November 20, 2017. Please find
enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke
Valley in recognition of your service.
Sincerely,
r Stephanie M. Moon Re ds, MR(IC
City Clerk
Enclosure
PC: Brent Robertson, Secretary, Western Virginia Regional Industrial Facility
Authority, Franklin County, County Administrator, 1255 Franklin Street,
Suite 112, Rocky Mount, Virginia 24151
CERTIFICATE OF APPRECIATION
PRESENTED TO
Wayne Bowers
AS A MEMBER OF THE
WESTERN VIRGINIA REGIONAL
INDUSTRIAL FACILITY AUTHORITY"
FROM FEBRUARY 4. 2014
TO NOVEMBER 20. 2017
ON THIS 21ST DAY OF NOVEMBER . 2201"
IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY
RENDERED TO THE CITY OF ROANOKE
APPROVED: ATTEST:
MLw
SHERMAN P. LEA. SR. STEPHANIE b1.. ZOO��, :'OLDS
MAYOR CITY CE
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone (540) 8538541
ra.: (540) 853 -1145
E -mail: derkgoanokee..gos
STEPHANIE M. MOON REYNOLDS, MMC'. (a
City Clerk
November 20, 2017
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Lea and Members of Council:
CECELIA F. MCCOY
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
This is to advise that Wayne Bowers has tendered his resignation as a City
representative of the Western Virginia Industrial Facility Authority, effective immediately.
Sincerely,
hi
Stephanie M. Moon Reynolds
City Clerk
I DEPARTMENT OF ECONOMIC DEVELOPMENT
117 church Avenue. SW
510 SSe 7r5 nix 14 6E.' ti 2 -AON Lk,
54x853 -z7r5 fax 14-.813,1213
ROANOKEwww.roanokeva.gov
Stephanie M. Moon Reynolds, MMC
City Clerk
215 Church Avenue, S. W., Suite 456
Roanoke, VA 24011 -1536
Dear Stephanie:
November 2, 2017
Due to my upcoming retirement from the City, I am writing to resign my
position as a Director of the Western Virginia Regional Industrial Facility Authority
effective immediately. I have been honored to represent the City on this important
regional initiative since the Authority's inception in 2014.
Please let me know if you have any questions or need for me to take
additional steps to formalize my resignation.
Sincerely,
Wayne Bowers
Director of Economic Development
cc: Beth Doughty, Executive Director WVRIFA
Bob Cowell, City Manager
STEEIIANIE M. MOON REYNOLDS, MMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avemle, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540) 853 -2541
Fux: (540)853 -1145
E-.n H: elerkee.. .... keva....
November 21, 2017
Antwyne U. Calloway
2535 Vancouver Drive, N. W.
Roanoke, Virginia 24012
Dear Mr. Calloway:
CECELIA F. MCCOY
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
A communication from the City Clerk advising of your resignation as a member of the
Roanoke Neighborhood Advocates was before the Council of the City of Roanoke at a
regular meeting, which was held on Monday, November 20, 2017.
On behalf of the Members of Roanoke City Council, I would like to express appreciation
for your service to the City of Roanoke as a member of the Roanoke Neighborhood
Advocates from August 18, 2014 to November 8, 2017. Please find enclosed a
Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in
recognition of your service.
Sincerely,
{ 1.
Stephanie M. Moon Reynolds, 6C
City Clerk
Enclosure
pc: Bob Clement, Neighborhood Services Coordinator
CERTIFICATE OF APPRECIATION
PRESENTED TO
Antwyne U. Calloway
AS A MEMBER OF THE
ROANOKE NEIGHBORHOOD ADVOCATES
FROM AUGUST 18, 2014
TO NOVEMBER 8, 2017
ON THIS 21ST DAY OF NOVEMBER , 2017
IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY
RENDERED TO THE CITY OF ROANOKE
APPROVED:
C .WW Px 5z
SHERMAN P. LEA, SR.
MAYOR
ATTEST:
STEPHANIE M. h O N OLDS
CITY CLERK
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011 -1536
Telephone: (540)8531541
Fax: (540) 853 -1145
el
E -aicrk@roanakevagov
STEPHANIE M. MOON REYNOLDS, MM11C ml:
City Clerk
November 20, 2017
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
CECELIA F. MCCOY
Deputy City Clerk
CECELIA T. W EBB, CMC
Assistant Deputy City Clerk
Dear Mayor Lea and Members of Council:
This is to advise that Antwyne Calloway has tendered his resignation as a member of
the Roanoke Neighborhood Advocates, effective immediately.
Sincerely,
��
Stephanie M. Moon ynol s
City Clerk
x.:77 Fw: Resignation from RNA board 11/08/2017 03:58 PM
�Y Stephanie Moon Cecelia Webb
Stephanie M. Moon Reynolds, MMC
City Clerk
(540) 853 -2541 (Work)
(540) 853 -1145 (Fax)
stephanie.moon@roanokeva.gov
- - -- Forwarded by Stephanie Moon/Employees/City_ of-Roanoke on 11/0812017 03:58 PM -----
From Antwyne Calloway <acalloway @brilc.org>
To Stephanie Moon <Stephanie.Moon @ roanokeva.gov>,
Date: 11/08/2017 03:13 PM
Subject: Resignation from RNA board
Good afternoon Stephanie,
It is with a heavy heart and sadness that I must resign from my position as a Roanoke
Neighborhood Advocates board member due to family obligations. I've been honored to sit along
side some of Roanoke's finest community change providers. I wish all well on their current and
future endeavors.
Sincerely,
Antwyne U. Calloway
November 21, 2017
Aisha Johnson
Assistant to the City Manager
Roanoke, Virginia
Dear Ms. Johnson:
This is to advise you that Brianna Wilson has qualified as a member (alternate
Student/William Fleming High School) of the Youth Services Citizen Board for a term of
office ending June 30, 2018.
Sincerely,
Stephanie M. Moon Reyno
City Clerk
CITY OF ROANOKE
OFFICE OF T11F, CITY CLERK
215 ( hwd. Avrnar, S. W., Raanl 456
Knanukr, Virginin 241111 -1576
1 1y,bon, (5401 M9 -2541
Fm. (54a)M53 -1145
SI'1•,191ANIL
M. MOON IJI;I NO1.115, NINU
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November 21, 2017
Aisha Johnson
Assistant to the City Manager
Roanoke, Virginia
Dear Ms. Johnson:
This is to advise you that Brianna Wilson has qualified as a member (alternate
Student/William Fleming High School) of the Youth Services Citizen Board for a term of
office ending June 30, 2018.
Sincerely,
Stephanie M. Moon Reyno
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Brianna Wilson, 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 (Alternate Student/ William Fleming High School) of
the Youth Services Citizen Board, for a term of office ending June 30, 2018, according
to the best of my ability. (So help me God)
I ° "n W JA",
BRIANNA WILSON
The foregoing oath of office was taken, sworn to, and subscribed before me by Brianna
Wilson this day of V_UA (' 017.
Brenda S. Hamilton, Clerk of the Circuit Court
B Clerk
1J
CITY OF ROANOKE
OFFICE OF THE CH'V CLERK
215 Chw eh Avenac, S. W., Room 456
Roanoke, Virginia 24011 -1596
'1'elePLone: (541)853 -2541
Fax (5 4111 8 9 -1 145
S I'ITHANI6 M. MOON RI!\'NOLINNIM(. P:nuJl: elc'kp, rnnnnkuva'8ov ('I( ELIA F. M('(ON'
01, (1, k I) e1n 1)' fill' ('lerk
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November 21. 2017
Tina M. Carr, Secretary
Board of Zoning Appeals
Roanoke, Virginia
Dear Ms. Carr:
This is to advise you that Robert H. Logan, III has qualified as a member of the Board of
Zoning Appeals for a three -year term of office ending December 31, 2020.
Sincerely,
k
�y.rh .�}Lr4,
Stephanie M. Moon Reynolds, MMC
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Robert H. Logan, III, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member of the Board of Zoning Appeals for a three -year term
of office ending December 31, 2020, according to the best of my ability. (So help me
God.)
i�
ROBERT H. LO AN, III
The foregoing oath of office was taken, swom to, and subscribed before me by
Robert H. Logan, III thisday of L(' P ;2017.
Brenda S. Hamilton, Clerk of the Circuit Court
By��
November 21, 2017
Landon C. Howard, President
Visit Virginia's Blue Ridge
101 Shenandoah Avenue, S. W.
Roanoke, Virginia 24016 -2044
Dear Mr. Howard:
This is to advise you that Meg Carter has qualified as a City representative of the Visit
Virginia's Blue Ridge, Board of Directors, to fill the unexpired term of office of Della
Watkins ending June 30, 2018.
SSincerely,
l
Stephanie M. Moon Reyno ds, MMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Tclephoue: (540)853 -2541
Far: (540)N53 -1145
5'r EFIIANIL M. MOON REYNOLDS, MMC
E- :nail: nlerk((grpannkcvu....
CECELIA F. MCCOY
City Clerk
Deputy City <'lerk
CF.CELIA T. WEBB, CMC
Assistant Deputy City Clerk
November 21, 2017
Landon C. Howard, President
Visit Virginia's Blue Ridge
101 Shenandoah Avenue, S. W.
Roanoke, Virginia 24016 -2044
Dear Mr. Howard:
This is to advise you that Meg Carter has qualified as a City representative of the Visit
Virginia's Blue Ridge, Board of Directors, to fill the unexpired term of office of Della
Watkins ending June 30, 2018.
SSincerely,
l
Stephanie M. Moon Reyno ds, MMC
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Meg Carter, 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 City representative of the Visit Virginia's Blue Ridge, Board of Directors, to fill
the unexpired term of office of Della Watkins ending June 30, 2018, according to the
best of my ability. (So help me God)
CARTER
The foregoing oath of office was taken, sworn to, and subscribed before me by
Meg Carter this 5 }day of N ,J 2017.
Brenda S. Hamilton, Clerk of the Circuit Court
Pv
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of November, 2017.
No. 41001 - 112017.
AN ORDINANCE to appropriate funding from the U.S. Department of
Transportation through the Commonwealth of Virginia Department of Motor Vehicles to
be a License Agent called a DMV Select Office, amending and reordaining certain
sections of the 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 Grant Fund Appropriations be, and the same are hereby, amended and
reordained to read and provide as follows:
General Fund
Appropriations
Contingency
01- 300
- 9410
-2199
$ 3,000
Revenues
DMV Fees- City Portion
01 -110-
1234
-0932
3,000
Grant Fund
Appropriations
Bonus and Separation Pay
35- 110
- 4530
-1153
10,000
Training and Development
35- 110
- 4530
-2044
2,000
Revenues
DMV Fees- Treasurer Portion
35- 110
- 4530
-4530
12,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTE$T:
`I rh
C ."M
City lerk.
Meeting: November 20, 2017
Subject: Virginia Department of Motor Vehicles (DMV) - DMV Select
Program
Background:
In February, 2017, the City of Roanoke Treasurer's Office entered into an
agreement with the Commonwealth of Virginia Department of Motor Vehicles to
be a License Agent called a DMV Select Office. This agreement is on an annual
basis from July 1 -June 30 of each year. The agreement is signed by the City
Treasurer, the City Manager, and the Commissioner of DMV. The transactions
that can be processed by the Roanoke City DMV Select are specifically
authorized by DMV and any additional authorized transactions or duties to be
assigned to the DMV Select Office will be identified in writing. The City
Treasurer receives compensation monthly at a rate of 4.5% up to the first
$500,000 in gross transactions and 5.00% over $500,000. This rate schedule
starts over at each July 1. The monthly compensation fees are split with the
City receiving 20% and the City Treasurer receiving 80 %.
Considerations:
City Council action is needed to accept and appropriate funds received for
reimbursement to the City of Roanoke Treasurer for being a License Agency of
DMV ( "DMV Select ").
Recommended Action:
Adopt the accompanying budget ordinance to establish a revenue estimate in
the amount of $15,000 with 20% or $3,000 going into the General Fund
account 01 -110- 1234 -0932 DMV Fees -City and 80% or $12,000 into the Grant
Fund. Appropriate funding of $3,000 into the City Manager Contingency
account 01- 300 - 9410 -2299 and the Treasurer's portion, $12,000, into the
Grant Fund accounts to be established by the Director of Finance.
'Evelyn W. Powers
City Treasurer
Distribution: Council Appointed Officers
Amelia C. Merchant, Acting Director of Finance
Sherman M. Stovall, Assistant City Manager for Operations
R. Brian Townsend, Assistant City Manager for Community
Development
Roanoke City Council
FY17 Year -End
(Unaudited)
City of Roanoke
Key Themes of Fiscal 2017
o Revenues below budget by $4.95 million or 1.74%
Local taxes below final budget by $4.88 million or
2.49%
o Decline of $150,000 or 0.08% below F 2016
o Expenditures below budget by $6.88 million or 2.4%
. Expenditure budgets reduced mid -year by $3.8 million
FY 2017 Year -End Summary
Total Revenue $279,299,040 Total Revenue $279,299,040
Expenditures $276,443,167 Expenditures $279,199,751
Net Variance $2,855,873 Net Variance $99,289
Mid -year expenditure reductions as well as unspent budget for
Contingency and residential juvenile detention contributed to the
positive net variance.
3
Local Tax Summary
Rml EV4@
82r900.L00
82,301,530
(595,<fifiJ
Real EMM D5W6
fi69,W0
667,961
(1,039)
Porm,al Property
23,735,000
22,966,765
PuWC S"s,s Tax
5,502,000
5,080 }62
Pe." aM add.
1,682,000
1,050,968
172,960
.. as
22,000,000
19,696,458
(2,303,502)
VOIM Tax
9,508,000
9,270,713
(311,287)
.,. Tax
2,200,000
1,F67,939
67,939
RemNatgn and Probele Fax
1,023,000
1,017,518
(5,082)
Busln65 & Oc-perlonal n[ense
13985,000
13,388 270
(59fi 722)
TnnsbM o0.lpancy Tax
;,6W,666
4,317,611
(282,382)
ROmlsslons Tax
050,000
447,622
(10,318)
Mpb, VeNds Isere
2,760,000
2,7a5,303
5,343
Franchise Fee
463,000
449,488
(13,512)
hgHrd FCM& 0We2ge Tax
16,OW,000
15,996,897
(3,102)
send S kTsx
1,]HO,000
1,600,050
(99,950)
ce,,—rlafwnz Tax
6,629,W0
6,562,456
(661540)
TOTPIS
$195,934,999
$191,055,271
(",.71,229) 4
C
Other Revenue Summary
5
Total Revenue Summary
Licensor, Fees and
1,147,000
995,699
(151,301)
Licensors
88,318,502
88,243,269
(25,233)
Finer and Forfeitures
1,284,000
1,211,207
(]2,]93)
Revenue from Use of
221,00
263,998
42,998
Money is Properly
Grans in Aid -
72,114,591
72,206,843
172,252
Commonwealth
Gans in Rid - Federal
284,100
33],85]
53,]5]
Government
Chmses for Current
12,192,508
11,970,192
(222,316)
Services
Miscellaneous Revenue
1,075,303
1,177,472
102,169
Total
$00,318,502
$88.243,269
($75,233)
5
Total Revenue Summary
3
Wall Taxes
195,934,000
191,055,]]1
(4,870,229)
Other Revenue
88,318,502
88,243,269
(25,233)
Total
$284,252,502
$229,299,040
($4,953,462)
3
Disciplined Expenditure
Management
o Mid -year expenditure reductions based on
projected local tax performance
Year -end results for local taxes were 0.26% or
$500,000 less than revised December
projections
o Prudent management of contingency and
operational funding
Expenditure Summary
Expenditure Budget $286,847,298.88
Total Expenditures - 276,443,166.55
Encumbrances Forward -3,523,769.00
Uncommitted Year -End Budget $6,880,363.33
(2.4 %)
Expenditure Reductions
$2,756,584.00
Contingency
1,454,026.00
Juvenile Detention
122,215.00
Roanoke City Public Schools
2,178,723.00
Visit Virginia's Blue Ridge
105,893.00
Other
262.922.33
$6,880,363.33 8
Uses of Year -End
Funding
Total Revenue
$279,299,040
Expenditures
27Q,443,167
Net
$2,855,873
Risk Management Fund
$1,000,000
Capital Project Contingency
One -Time Capital Items
Encumbrance Reserve
929,947
Fund Balance (10.73 %)
925.926
$2,855,873
• Continue to defer on decision of reinstatement
of funding for
demolition, alley maintenance, sidewalk repair /maintenance and Arts
Endowment based on current year revenue performance.
• Have not addressed $1.5 million in identified capital needs 9
City Unassigned General Fund Balance
Exceeds Policy Target of 10%
m xwx xaax
xaw
m.xx w.xx xo.ax
ss
_ m
E
C �
9
8 10
� p 6+' d5 d3 S o A° .�A'•
10
3
In Conclusion
• FY 2017 was a challenging year
• Mid -year local tax revenue projection
correction within 0.27% of actual year-
end revenues
• Strong expenditure control
• Increase of Fund Balance level
]I
I
11/20/2017
City of Roanoke
Financial Report
Four Months Ended
October 31, 2017
FY18 General Fund Overview
The FY18 adopted budget is $3.5 million or 1.25%
higher than FYI actual revenues.
— FY 2018 adopted local taxes are $2.9 million or 1.5% higher than FY
17 actual revenues.
Through October, FY18 revenues have increased $2.4
million or 3.2% compared to the same period FYI 7.
— Through October, compared to the same period in FY17, local taxes
are up $1.7 million or 3.1 %, mainly due to Real Estate (2.7 %),
Tmnsient Occupancy (12.9 %) and Meals Tax (7.4 %).
— Other revenues rnforminq above prior ear levels include Jail Per
Diems (63.1 %), EMS Service Charges (11.7 %), Fleet and
Technology Revenue and Damages to City Property.
Expenditures through October decreased $1.5 million
or 1.6% compared to the same period last year, mainly
due to the decrease of transfers for one -time capital
needs.
11/20/2017
2
O
Sales Tax Revenue Through August
FY18 Revenue Estimate $20.1 M
f4,[N.LLy
f3,YO,LtO
f3,M0.cN
f2.YA.0.V
f2,= XV
fI 9M..
f1,W xx
'I'aXt O
W
$]3GG,Ififi 533fi110B $1333,058
FY 17YTD Actual FY I9 YTD Targel FY19YDActual
FY18 sales tax revenue increased 0.8% over same period of FY17,
and is 2.2% ahead of YTD budget.
FY18 meals tax revenue increased 7.3% over same period of
FY17,
3
11/20/2017
2
O
Meals Tax Revenue Through September
FY18 Revenue Estimate $16.2 M
NSN[M
H.C[O.MO
53.Sa0.a0o
53,W3M
bI SD]CW
S2.00]LW
Et soo 000
f1,O40.OJ3
fSM W]
S3 Bf3 430 Pi913135 $4 .124 .I15
FY 17 YTD Actual FY 16 YTD Taget 'Y'8 YID Actual
FY18 meals tax revenue increased 7.3% over same period of
FY17,
and is 5.1 % ahead of YTD budget.
Q
11/20/2017
2
Personnel (Salary/Benefit) Lapse
O
Lodging Tax Revenue Through October
FY18 Revenue Estimate $4.3 M
s?000000
$1 emaoo
s1 ea0000
Stpeeoee
s1 hL WJ
slpooaoo
as00000
sea0000
saaoaao
szao,aro
m
6
11,525 121 f1510.311 $1]L1.151
FY"11IAtlaal FY 18 YTD TV16en FYI6 YTD Actual
FY18 lodging tax revenue increased 5.1 %over same period of
FY17, and is 11.9% ahead of YTD budget.
5
Personnel (Salary/Benefit) Lapse
•
Through October
WW'.
M.M,00a
Memo=
fA,.,.
$15M(KC
$10,31
W.M.M
so
$32,088,009 :w11 819 bB
Tayel A 1,1
YTD expenditures are 2.0% or $659k below target.
6
11/20/2017
3
Worker Compensation •
f. iN 009
S1 WJM]
5900.000
56W GW
5000900
B2GO CPo
0
f]19.800 S515095 $WILd�
FY209tt9 IY29t9T,, FY2018YT
YTD expenditures are 88.9% or $458k above target. YTD FY 2018
expenditures are 35.8% higher than prior YTD.
Public Safety Overtime •
Through October
AHU9DJ
SGW.9W
5]NLCO
S3W.9C0
S, CO CCO
526]B6] $a96]O<
Tai0a1 nuuai
YTD expenditures are 82.4% or $220,737 above target. Higher
expenditures driven by Sheriff's Department inmate transport
requirements and Peak Time Ambulance staffing. a
11/20/2017
2
11/20/2017
5
O
Comprehensive Services Act (CSA)
E1.EpJ.00]
u aoo.aoo
sisao.000
Ei.aoo.000
Ewoaao
so
$zoaesiE S2
W
YTD expenses are 7.7% or $157,030 above target of
$2.OM.
YTD expenses are 16.3% or $49,485 below target of
9
11/20/2017
5
•
Residential Juvenile Detention
E350.WJ
EEOOaoo
VK.
SNJ 0.0
E150,0.0
E1M.0.0
W.M
W
5]IM,305 535A 800
♦.,. Alt -
YTD expenses are 16.3% or $49,485 below target of
$304,285.
io
11/20/2017
5
%oo.000
%ooaoo
ua0000
ala0000
%
Solid Waste Tipping Fees O
WO 205 $eta PO4
Ta,eai wm
YTD costs are 18.7% or $106,459 above target of
$570,205.
11/20/2017
11
O
Fleet Parts
f1oo�
so
%00,081
M51 425
T.I.
FY 2018P al
FY18 YTD costs are 83.8% or $251,344
above target of
$286,325.
12
11/20/2017
11
City Performance Stable
Through September
11/20/2017
Total revenues through October were higher than the
prior year. Several local taxes demonstrate satisfactory
performance to FY18 budgeted levels: Real Estate, Meals
and Transient Occupancy taxes in particular.
YTD expenditures primarily aligned with expectations and
monitored monthly. Contingency plan in place for
expenditures exceeding budgeted expectations.
113
PC IN fHE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of November, 2017.
No. 41002 - 112017.
A RESOLUTION accepting federal Byrne Justice Assistance Grant (JAG) program funding
made to the City in collaboration with Family Service of Roanoke Valley, from the Virginia
Department of Criminal Justice Services in connection with the "Positive Action in Roanoke"
project, and authorizing execution of any required documentation on behalf of the City.
BB I1' RESOLVED by the Council of the City of Roanoke as follows:
I. The City of Roanoke does hereby accept federal Byrne JAG program funding made
to the City in collaboration with Family Service of Roanoke Valley, from the Virginia Department
of Criminal Justice Services in the amount of $41,640, with a local match from the City in the
amount of $7,348, to be provided by Family Service of Roanoke Valley, for a total award of
$48,988, to be expended on the "Positive Action in Roanoke" project, a research -based social -
emotional learning curriculum that includes family engagement activities, and a community service
learning program for children in 3rd through 5 "' grade residing in the public housing neighborhoods,
as more particularly described in the City Council Agenda Report dated November 20, 2017.
2. The City Manager is hereby authorized to accept, execute, and file on behalf of the
City of Roanoke, any and all documents required to obtain such funding, and to execute a contract
with Family Service of Roanoke Valley to implement the program. All such documents shall be
approved as to form by the City Attorney.
3. The City Manager is further directed to furnish such additional information as may
be required in connection with the City's acceptance of this grant.
TT I
: 4rk.
ny erk. v
R -Byrne Jiolice At,,,t ce Grant - Positive Action in Rom,oke(11 -20-17)
Pv
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of November, 2017,
No. 41003 - 112017.
AN ORDINANCE to appropriate funding from the U.S. Department of Justice
Byrne Justice Assistance Grant (JAG) Program, as provided by the Virginia Department
of Criminal Justice Services for the Positive Action Program, amending and
reordaining
certain sections of the 2017 -2018 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 2017 -2018 Grant Fund Appropriations be, and the same
are hereby,
amended and reordained to read and provide as follows:
Appropriations
Regular Employee Salaries 35- 630 -5034 -1002
$ 25,755
VSRS Retirement 35- 630 -5034 -1110
285
FICA 35- 630 -5034 -1120
2,227
Medical Insurance 35- 630 -5034 -1125
1,252
Workers Comp- Other Expenses 35 -630- 5034 -1141
362
Unemployment Wages 35- 630 - 5034 -1145
320
Fees For Professional Services 35- 630 - 5034 -2010
3,702
Telephone 35- 630 -5034 -2020
250
Administrative Supplies 35- 630 - 5034 -2030
1,764
Local Mileage 35- 630 - 5034 -2046
697
Program Activities 35- 630 - 5034 -2066
4,241
Technology Maintenance Contracts 35- 630 - 5034 -2555
785
Revenues
Byrne JAG Positive Action FY18 35- 630 - 5034 -5034
41,640
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTE
C t
ity Clerk.
E CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: November 20, 2017
Subject: Acceptance and Appropriation of Byrne Justice Assistance Grant
(JAG) funds for Positive Action in Roanoke.
Background:
The Virginia Department of Criminal Justice Services has awarded the City of
Roanoke Federal funding from the Byrne Justice Assistance Grant (JAG) program
for the Project titled, "Positive Action in Roanoke ". This funding will be used by
Family Service Roanoke Valley (FSRV) to create and administer the Positive
Action program in four public housing sites. The amount of the federal funding
is $41,640 and FSRV is contributing $7,348 in matching funds for a program
total of $48,988. FSRV will be reporting on the required match each quarter
but it is not part of the funds that the City of Roanoke Finance Department is
tracking.
Positive Action is a research -based social - emotional learning curriculum that
includes family engagement activities and a community service learning
program for children in 3rd through 5th grade residing in the public housing
neighborhoods. These children often face multiple risk factors that increase
the likelihood of high rates of juvenile delinquency. This project proposes to
increase protective factors of these children in order to decrease the rates of
criminality, increase school success, and increase positive self- images and
engagements with the community. The program also increases the positive
knowledge skills of the parents through communication and relationship
building activities.
Considerations:
A recent Needs Assessment was conducted in the largest Roanoke
Redevelopment and Housing Authority neighborhood. This study showed that
children residing in this neighborhood graduated from high school at lower
rates than average, had lower standardized test scores in elementary years, and
engaged in fewer after school programs that offer sports, arts enrichment,
academic remediation and enrichment. The objectives of Family Service of
Roanoke Valley's implementation of Positive Action will be to strengthen
school, community, family and individual protective factors as well as increase
parent and youth knowledge of the risks of anti - social behaviors.
Recommended Action:
Adopt a resolution accepting the Byrne Justice Assistance Program Grant
funding from the Virginia Department of Criminal Justice Services Grant # 18-
B4052AD1 5 for the Positive Action in Roanoke program.
Authorize the City Manager to execute any forms required by the Virginia
Department of Criminal Justice Services in order to accept these funds; such
documents to be approved as to form by the City Attorney.
Adopt the accompanying budget ordinance to establish a revenue estimate for
Federal grant funds of $41,640 and appropriate funding in the amount of
$41,640 into expenditure accounts to be established by the Director of Finance.
Family Service Roanoke Valley will be contributing the required $7,348 in
matching funds separately.
�_____________
Robert S. Cowell, Jr.
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Asst. City Mgr. for Community Development
Amelia C. Merchant, Acting Director of Finance
Steven Martin, Director of Human and Social Services
Karen Pillis, Director of Youth Development, FSRV
James M. O'Hare, Youth Care Administrator
Attachment A
Byrne Justice Assistance Grant, Family Service of Roanoke Valley, Positive Action
2017 Account Set -up Transactions
Account No.
Description
Amount
35- 630 - xxxx -xxxx
Federal Pass -thru Revenue -2017 Byrne
Justice Assistance Grant
Grant # 18- B4052AD15
$41,640
Total Revenues
$41,640
Expenditures:
35- 630 - xxxx -xxxx
Salary and Wages
$25,755
35- 630 -xxxx -1110
FSRV Retirement (= 0.1166)
$285
35- 630 - 4996 -1120
FICA (= 0.0765)
$2,227
35- 630 - xxxx -xxxx
Health Insurance (= 0.0111)
$1,252
35- 630 - xxxx -xxxx
Worker's Comp
$362
35- 630 - xxxx -xxxx
SUI
$320
32- 630 -xxxx -2010
Fees for Professional Services (Consultant)
$3,702
35- 630 -xxxx -2020
Telephone
$250
35- 630 -xxxx -2030
Administrative Supplies
$1,764
35- 630 -xxxx -2046
Local Mileage
$697
35- 630 -xxxx -2066
Program Activities
$4,241
35- 630 - xxxx -xxxx
Technology and Security
$785
Total Expenditures
$41,640
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of November, 2017.
No. 41004 - 112017.
A RESOLUTION authorizing the acceptance of the FYI8 Bulletproof Vest Partnership
Grant Award made to the City by the United States Department of Justice, and authorizing
execution of any required documentation on behalf of the City.
BE fI' RESOLVED by the Council of the City of Roanoke as follows:
The City of Roanoke does hereby accept the FYI Bulletproof Vest Partnership
Grant Award by the United Slates Department of Justice, in the amounts of (i) $11,277 to the
Police Department to purchase 50 concealable primary use bullet resistant vests, and (ii) $3,388
to the Roanoke City Sheriff's Department to purchase 15 concealable primary use bullet resistant
vests. The required in -kind match of 50% of bullet resistant vest cost will be satisfied through
each department's budget, upon all the terms, provisions and conditions relating to the receipt of
such funds. Such grant being more fully described in the City Council Agenda Report dated
November 20, 2017.
2. The City Manager is hereby authorized to execute and file, on behalf of the City,
any documents setting forth the conditions of the grant in a form approved by the City Attorney.
3. The City Manager is further directed to furnish such additional information as
may be required in connection with the City's acceptance of this grant.
Ar iEST:
Clerk. _
R -Bu tte @roof Vcst Panpc5M1lp rY 18 doc
�
� T4S
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of November, 2017.
No. 41005- 112017.
AN ORDINANCE to appropriate funding from the Federal government,
Department
of Justice, for the
Bulletproof Vest
Partnership Grant, amending
and
reordaining
certain sections of
the 2017 -2018
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 2017 -2018 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Bulletproof Vest - Sheriff
Bulletproof Vest - Police
Revenues
Bulletproof Vest FY18 — Police
35-
640
- 3809
-2322
$ 3,388
35
-640-
3809
-2323
11,277
35-
640
- 3809
-3809
14,665
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 COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: November 20, 2017
Subject: FY 2018 Bulletproof Vest Partnership Grant Award
Background:
The United States Department of Justice is the administering agency for the
Bulletproof Vest Partnership (BVP). The BVP reimburses 50% of the cost of new
bullet resistant vests purchased by law enforcement agencies.
The City of Roanoke has been awarded $14,665 in FY 2018 funding. The Police
Department was awarded $11,277 to purchase 50 concealable primary use
bullet resistant vests. The Sheriff's Office was awarded $3,388 to purchase 15
concealable primary use bullet resistant vests. The required in -kind match of
50% of bullet resistant vest cost will be satisfied through each department's
budget.
Recommended Action:
Accept the FY 2018 Bulletproof Vest Partnership Grant Award described above
and authorize the City Manager to execute the grant agreement and any related
documents, all such documents to be approved as to form by the City Attorney.
Adopt the accompanying budget ordinance to appropriate funding and
establish a revenue estimate for the Police Department in the amount of
$11,277 and the Sheriff's Office in the amount of $3,388, into accounts to be
established by the Director of Finance in the Grant Fund.
Robert S. Cowell, Jr.
City Manager
Distribution: Council Appointed Officers
The Honorable Tim Allen, Roanoke City Sheriff
R. Brian Townsend, Asst. City Mgr. for Community Development
Amelia C. Merchant, Acting Director of Finance
Timothy S. Jones, Chief of Police
im CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenoc, S. W., Room 456
Ro:uml<e, Virginia 24011 -1536
'I'cle,hone (540)853-2541
fnv: (540) 85] -1145
Ni H- 11ANIR M. MOON RVVN(LDS, MM(. k;n,nil: clerk. rnunokrvu.gnv
06('k: W A I[ M('('OV
('ily ('lei k Depnly ('lly Clerk
CECNWA'1'. WER11, CM('
Al,i,unl Deputy City Clock
November 21, 2017
Wendy Jones, Executive Director
Williamson Road Area Business Association, Inc.
P. O. Box 5892
Roanoke, Virginia 24012 -0892
Dear Ms. Jones:
I am enclosing copy of Ordinance No. 41006 - 112017 allowing an encroachment
requested by the Williamson Road Area Business Association, Inc., to install and
maintain private security cameras onto the mast arms of the City's traffic signal poles
located in the City's public right -of -way along the intersection of Williamson Road and
Hershberger Road, upon certain terms and conditions.
As stated in Paragraph 5, The WRABA, 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 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. 41006 - 112017; and 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.
Lastly, Ordinance No. 41006 - 112017 ordinance shall be in full force and effect at such
time as a copy, duly signed, sealed, and acknowledged by the WRABA has been
admitted to record, at the cost of the WRABA, 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 5 above is on file in the Office
of the City Clerk.
Wendy Jones
November 21, 2017
Page 2
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, November 20, 2017; and is in full force and effect
upon its passage.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
Pc: The Honorable Brenda Hamilton, Clerk of Circuit Court
Robert S. Cowell, Jr., City Manager
Daniel J. Callaghan, City Attorney
Luke Pugh, City Engineer
Wayne Leftwich, AIC, Senior City Planner
Jackie Clewis, Risk Manager
q- 1�
l lilk IM II(11- WAYAMA(lNr
(i KI'ANURI ()f 11('1AI I An MAI' N(I . 110NIl11 unJ 21N1II01
IN'I'I W COUNC 11, 01('1Illi CITY Of ROANOKI(., VIR(IINIA
1111 20th clay 'If Novcmhlr, 2017.
No. 41006 - 112017.
AN ORDINANCE allowing an encronchment ralucsad by the Williamson Road Area
Business Association, Inc., to install and maintain private security caltems onto the mast ants of
the City's toulc signal poles located in the City's public right -or-way along the intersection of
Williamson Road and l Icrshberger Road, upon certain terms and conditions, and dispensing with
the second reading of this ordinance by title.
BB IT ORDAINED by the Council of the City of Roanoke that:
PUI'snan to Section 15.2 -2009, Code of Virginia (1950) as amended,
Authorization is hereby granted to Williamson Road Area Business Association, Inc.
( "WRABA "), to allow the encroachment of two private security cameras to be installed and
maintained oil the City's traffic signal poles located in the City public right -of -way along the
Intersection of Williamson Road and Hershberger Road, and as more particularly set forth and
described in the City Council Agenda Report dated November 20, 2017, and the attachment to
that report. No more than two private security cameras are allowed to be installed on such traffic
signal poles pursuant to this ordinance.
2. The private security cameras will be solar powered and will be attached to the
City's traffic signal poles located at the intersection of Williamson Road and Hershberger Road.
The private security cameras shall each be no larger in size than five (5) inches in height mid
fifteen (15) inches in width while weighing six (6) pounds or less. The private security cameras
are to be installed on top of the arm of the City's traffic signal poles in the approximate locations
Is shown in the ullachntcnt In the Nuvcniher ?0, ?,017, ('it1' Council Agenda Repor[. In
iusbillinf! Ibc .sec in it) emnci,w, the WRABA will use sumps and/or handing to Mauch Ilse cameras
to the nul7ic sil,nol polcx. The WIMIM will no[ drill holes in[o the h-etflic signal poles for
screws ar halls or penetnde ur otherwise damage the Irdllc signal poles, "fhe installation and
malulenanee of the private security cameras shall conform to the reshietions set forth in this
encroachnrcul permit, the Ci[y Code and the laws of the ('onunonwcal th of Virginia.
'I lie WRABA ae kuowlcciges and agrees that the City shall have no obligations
whatsoever to maintain, repair, replace, or salcguard the aforementioned private security
cameras, and all maintenance, repair, and replacement obligations shall be at the sole cost and
responsibility of the WRABA. 'file WRABA agrees to maintain and keep such cameras in good
repair and condition. 'file WRA13A further acicnowlcdges that it will not access the City's traffic
signal poles without f rst obtaining permission from the City.
4. It shall be agreed by the WRABA that in maintaining such encroachments, it and
its grantees, assignees, or successors in interest shall 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 fees, that may arise by reason of the above -
described encroachments.
5. The WRABA, 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 in an
amount not less than two million dollars ($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 (30) days of passage of this ordinance. The
Certint ale of in.sumilce shall .slate That such insurance may not be euneclecl or nlateri.dly allcred
wilhoul thinly (30) days written advance notice ofeuch eunecllalinn of alteration hcing provided
to the Risk Management O171eer fnr the (Illy of Roanoke.
G. '1'hc Cily may revoke this enerotachmont authorisation for any reason upon Thirty
(30) Clays written notice to WRAHA. Once the cncroachmcnt anthorizalion is revoked, WRAi3A
shall remove its private security "mesas hour City property at its own expense. Pu? ther,
WRABA will restore the City's property to its condition at the time of commencement of this
cncroachmcnt. WRABA also acknowledges and agrees that it will be solely responsible for the
costs of any f epaiis or restoration necessary.
7. 'fhe City Clerk shall transmit an attested copy of this ordinance to the Williamson
Road Arcot Business Association, Tile., at Post Office Box 5892, Roanoke, Virginia 24012 -0892.
8. 'Phis ordinance shall be in full force and effect at such time as a copy, duly signed,
sealed, and acknowledged by the WRABA has been admitted to record, at the cost of the
WRABA, 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 5
above is on file in the Office of the City Clerk.
9. Pursuant to Section 12 of the City Charter, the second reading of this ordinance
by title is hereby dispensed with.
ATTEST:
City Clerk.
'I hr lams and colic iIIons nl.Ihk Ordin;mcc, including wilhuul li ... i Ill ion, the ohligatioas
io mdcinnify the City of Ro:wokc, its nhliccrs, al ;c n tv_;I nd Cnployccs as sc1 1101111 in Section 4
ahovc, and the ohligatioo to 11u0intain insuomcc as scl ft0rlh in Scclion 5 above, arc
uckilowlcdged,agrced lo, and mccplcd hy, William.... Roud Arca Business Association, Inc.
Dale: -. , 2017 Williamson Road Area Business Association, loc.
Nama: --
Title:
COMMONWVACI'll OF VIRGINIA )
To -wit:
CITY OF ROANOKE
The foregoing instrument was acknowledged before me this day of
2017, by the duly authorized
_ of Williamson Road Area Business Association, Inc., a
Virginia Colporation, on behalf of Williamson Road Area Business Association, loc.
My Commission expires: .
Notary
Registration
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: November 20, 2017
Subject: Encroachment Request for Private Security Camera in City
Right -of -Way on Williamson Road Business District
Background
The Williamson Road Area Business Association ( WRABA) has requested
permission to install two private security cameras to support its association's
safety efforts in the Williamson Road business corridor. The two private
security cameras will be attached to the mast arms of the City's traffic signal
poles located at the intersection of Williamson Road and Hershberger Road.
(See attached Photo) The security cameras will be solar powered and will be
attached to the City's traffic pole without penetrating such pole. Therefore, the
installation of these two private security cameras will not require access to
electricity and will not damage the City's traffic signal poles.
The Association will be responsible for all costs associated with erection,
maintenance and insuring of the private security cameras, and also be
responsible for the installation and removal of the security cameras in
accordance with the law.
WRABA will obtain the required insurance and provide the City with copies of its
insurance certificates for approval prior to installation of the cameras.
Recommended Action:
Adopt the attached ordinance authorizing the encroachment described above,
subject to the terms and conditions set out in the ordinance.
-- -----goeCljr.
- - - - - --
Robert S.
City Manager
Attachments
Distribution: Council Appointed Officers
Sherman Stovall, Assistant City Manager for Operations
Robert K. Bengtson, P.E., Director of Public Works
f a -`
Proposed 2018 City of Roanoke Legislative Program
Fiscal Policy
Any proposed tax reform must be based on the fundamental principle that local revenue
sources cannot be further limited or restricted by the General Assembly without the enactment
legislation that will authorize localities to establish meaningful and viable alternative sources of
local revenue.
The General Assembly must vigilantly and effectively avoid enactment of any further
unfunded mandates to localities and initiate procedures to review, assess, and eliminate existing
and burdensome mandates imposed on localities. Unfunded mandates include mandatory tax
exemptions to specific groups of individuals, as worthy and deserving as they may be.
The General Assembly must provide localities with common sense tools to eliminate
unnecessary expenses such as the payment of interest, at statutory interest rates, on refunds based
solely on taxpayers' errors or mistakes.
The General Assembly should enable all localities with the authority to implement a tax
amnesty program similar to initiatives afforded the Commonwealth and the City of Richmond.
Localities would then be able to establish programs to address their specific challenges in
collecting overdue taxes and thereby alleviate economic pressures exerted on communities by
delinquent taxpayers.
Technology and Infrastructure Policy
The General Assembly should eliminate impediments facing localities from bringing 21s'
Century technology to their citizens.
The Commonwealth and the City must develop partnerships among federal, state, and
local constimencies to expand highway infrastructure development throughout Virginia's Blue
Ridge, including the expansion of I -73.
Environmental Policy
The City opposes any efforts by the General Assembly to mandate further exemptions
from payment of local stormwater utility fees. In addition, the City requests the General
Assembly to hold localities harmless from any costs associated with increases in the load of
sediment and other pollutants of concern that enter waters of the Commonwealth, including
rivers, streams, and tributaries, where such increases in the Total Maximum Daily Load for a
locality are attributable to projects and developments approved by the Commonwealth that
include crossings of bodies of water within the Commonwealth.
The City supports providing localities with the option, not the mandate, to regulate the
use of plastic bags and disposable extruded polystyrene (Styrofoam) food and beverage
containers within their communities.
Economic Development Policy
The City encourages the General Assembly to maintain existing tools, including historic
tax credits, to encourage development and redevelopment throughout the City and Virginia's
Blue Ridge Region.
The City supports continuation and increased funding for the Commonwealth's
Opportunity Fund (COF). This important economic development incentive program has played
a major role in several Roanoke job creation projects. The COF is an essential tool when
competing with other states who often offer lucrative incentive packages to prospective
companies.
The City encourages the General Assembly to refrain from enacting further limitations on
planning, development, and zoning tools that localities may use in regulating and promoting
development within their communities.
Education Policy
The City and Roanoke City Public Schools urge the General Assembly to fully fund its
obligations to public education, including funding for technology needed to meet the SOL
requirements and enhance learning by all children.
The City and Roanoke City Public Schools urge the General Assembly to maintain the
ability of Roanoke City Public Schools to set the start date for its school year.
2018 VML Legislative Program
The City endorses and supports the 2018 VML Legislative Program.
2018 Legislative Priorities
The City requests its legislative delegation to patron and support the following legislative
initiatives:
I. Authorize localities to adopt ordinances limiting smoking within designated areas
of outdoor public spaces.
This proposal requires an amendment to the Virginia Clean Air Act (Sections
15.2 -2820 through 15.2- 2833).
2. Authorize treasurers and localities to retain third party collection services to
collect any delinquent amount due a locality, including local taxes and fees, and
reduce the delinquency period from six (6) months to three (3) months before
collections activities may be commenced with the use of third party collection
agencies. State Code currently limits the ability of the treasurer or director of
finance in the use of third party collection agencies and also requires that such
obligations be delinquent for at least six (6) months before such collection
activities may be initiated. One fee affected by these limitations is delinquent
parking citations.
This proposal requires amendments to Sections 58.1- 3919.1 and 58.1 -3934.
Authorize localities and school districts to establish the school year start date. The
City enjoys an exception that allows Roanoke Public Schools to start before Labor
Day. Flexibility in establishing the school start is critical to the education of the
children. This flexibility allows school districts to coordinate programs and
educational opportunities.
This proposal requires amendments to Chapter 22.1.
GREATER ROANOKE TRANSIT COMPANY
STOCKHOLDER'S SPECIAL MEETING
MONDAY, NOVEMBER 20, 2017
4:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order - Roll Call.
2. Statement of Purpose. Mayor Sherman P. Lea, Sr.
The purpose of the Special Meeting will be to convene in a Closed Meeting to
discuss and /or consider acquisition of real property for a public purpose and /or
disposition of real property owned by Greater Roanoke Transit Company, generally
known as Campbell Court, located at Salem Avenue, S. W., and Campbell Avenue,
S. W., in Roanoke, Virginia, and bearing Official Tax Map Nos. 1011105, 1011106,
1011107, 1011108, 1011109, 1011110, 1011116, 1011117, 1011118, 1011119,
1011120, 1011122, and 1011129, pursuant to Section 2.2- 3711(A)(3), Code of
Virginia (1950), as amended.
6. Adjourn.
LTLFR DAI A cfiwc.y \GRIC -Sp ,l]Metlns10- 16- 17Swekholda Spmiel Me mg Ad. AgR,ddx
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Ch,t, h AYrnw, S. W., 1(oom 456
Roanoke, Virginia 24011 -1536
'relepllone: (5411)851-2541
F.,: (5411)853 -1145
N'r T I IAN I L M. MOON RLYNOLDS, MM( 4: n"ok 1rrkOrrannnkern'0.O° CECLLIA F. M('('OY
(Slv Clerk Oepnly ('lly ('Ierk
November 21, 2017
Cindy H. Poulton, Clerk
Roanoke City School Board
40 Douglass Avenue, N. W.
Roanoke, Virginia 24012
Dear Ms. Poulton:
('M:(ELIA'1'. W4:II13, ('NI(
Ax ,hint Dtftly(' fly ('I.'k
I am enclosing copy of Budget Ordinance No. 41007 - 112017 appropriating funding from
Federal and Commonwealth grants, and the School general funds for various
educational programs; and amending and reordaining certain sections of the 2017 -2018
School Grant Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, November 20, 2017; and is in full force and effect
upon its passage.
Sincerely,
",)- y
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
pc: Robert S. Cowell, Jr., City Manager
Daniel J. Callaghan, City Attorney
Amelia C. Merchant, Acting Director of Finance
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of November, 2017.
No. 41007- 112017.
AN ORDINANCE to appropriate funding from Federal and Commonwealth grants and the
Schools general funds for various educational programs, amending and reordaining certain
sections of the 2017 -2018 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
2017 -2018 School Grant Fund Appropriations be, and the same are hereby, amended and
reordained to read and provide as follows:
Appropriations
Benefits
302 - 110 - 0000 - 0000 -132L- 61210 - 42204 -3 -01
$ 413
Teachers
302 - 110 - 1102 - 0060 -150M- 61100- 41121 -2 -05
23,000
Program Coordinator /Site
302 - 110 - 1102 - 0060 -150M- 61100 - 41124 -2 -05
30,720
Manager
Activity Assistants
302- 110- 1102-0060- 150M - 61100 - 41141 -2-05
21,600
Retiree Health
302 - 110 -1102- 0060 -150M- 61100- 42200 -2 -05
71
Social Security
302 -110- 1102 - 0060- 150M.- 61100- 42201 -2 -05
13,488
VRS
302 - 110 - 1102 - 0060 - 150M - 61100 - 42202 - 2 - 05
799
Medical /Dental
302 -110- 1102 - 0060 -150M- 61100 - 42204 -2 -05
2,193
Group Life
302- 110- 1102 - 0060 -150M- 61100 - 42205 -2 -05
84
Professional Contracted Services
302- 110 - 1102 - 0060 - 150M - 61100 - 43313 - 2 - 05
26,408
Professional Transportation
302-110- 1102 - 0060 - 150M - 61100 - 43343 - 2 - 05
12,000
Travel — Meals &Lodging
302 - 110 - 1102 - 0060 -150M- 61100- 45553 -2 -05
2,303
Educational & Recreational
302 - 110 - 1102 - 0060 - 150M - 61100 - 46614 - 2 - 05
4,648
Supplies
Teachers
302 -110- 1102 - 0150 -125M- 61100- 41121 -2 -05
25,000
Program Coordinator /Site
302 - 110 -1102- 0150 -125M- 61100- 41124 -2 -05
30,520
Manager
Activity Assistants
302 -110- 1102 - 0150 -125M- 61100- 41141 -2 -05
18,000
Retiree Health
302 -110 -1102- 0150 -125M- 61100 - 42200 -2 -05
62
Social Security
302 - 110 -1102- 0150 -125M- 61100- 42201 -2 -05
11,866
VRS
302 - 110 -1102- 0150 -125M- 61100 - 42202 -2 -05
703
Medical /Dental
302 - 110 - 1102 - 0150 - 125M - 61100 - 42204 - 2 - 05
1,930
Group Life
302 - 110 -1102- 0150 -125M- 61100- 42205 -2 -05
74
Professional Contracted Services
302 - 110 - 1102 - 0150 - 125M - 61100 - 43313 - 2 - 05
36,388
Professional Transportation
302 - 110 - 1102 - 0150 -125M- 61100- 43343 -2 -05
13,200
Travel — Meals &Lodging
302 - 110 -1102- 0150 -125M- 61100 - 45553 -2 -05
2,303
Educational & Recreational
302 - 110 - 1102 - 0150 - 125M - 61100 - 46614 - 2 - 05
5,001
Supplies
Teachers
302- 110 -1102- 0230 -160M- 61100 - 41121 -3 -05
28,120
Program Coordinator /Site
302 - 110 - 1102 - 0230 - 160M - 61100 - 41124 - 3 - 05
30,720
Manager
Activity Assistants
302 - 110 - 1102 - 0230 - 160M - 61100 - 41141 - 3 - 05
21,600
Retiree Health
302 - 110 - 1102 - 0230 -160M- 61100- 42200 -3 -05
32
Social Security
302 - 110 - 1102 - 0230 - 160M - 61100 - 42201 - 3 - 05
6,028
VRS
302 - 110 - 1102 - 0230 - 160M - 61100 - 42202 - 3 - 05
357
Medical /Dental
302 -110 - 1102 - 0230 -160M- 61100- 42204 -3 -05
980
Group Life
302- 110 -11 U2- 0230 -160M- 61100- 42205 -3 -05
38
Professional Contracted Services
302- 110- 1102-0230- 160M - 61100 - 43313 - 3 - 05
36,048
Professional Transportation
302- 110- 1102-0230- 160M - 61100 - 43343 - 3 - 05
22,400
Travel - Meals &Lodging
302 - 110 - 1102 - 0230 -160M- 61100 - 45553 -3 -05
2,303
Educational & Recreational
302 - 110 - 1102 - 0230 - 160M - 61100 - 46614 - 3 - 05
4,595
Supplies
Teachers
302 -110 -1102- 0300 -123M- 61100- 41121 -2 -05
33,555
Program Coordinator /Site
302 -110- 1102- 0300 -123M- 61100- 41124 -2 -05
35,620
Manager
Activity Assistants
302-110 - 1102-0300- 123M - 61100 - 41141 - 2 - 05
25,920
Retiree Health
302- 110- 1102-0300- 123M - 61100 - 42200 - 2 - 05
71
Social Security
302- 110- 1102-0300- 123M - 61100 - 42201 - 2 - 05
13,488
VRS
302 - 110 - 1102 - 0300 - 123M - 61100 - 42202 - 2 - 05
799
Medical /Dental
302- 110- 1102-0300- 123M - 61100 - 42204 - 2 - 05
2,193
Group Life
302- 110 -1102- 0300 -123M- 61100- 42205 -2 -05
84
Professional Contracted Services
302- 110- 1102-0300 - 123M - 61100 - 43313 - 2 - 05
28,114
Professional Transportation
302- 110- 1102-0300- 123M - 61100 - 43343 - 2 - 05
22,800
Travel - Meals &Lodging
302 - 110- 1102 - 0300 -123M- 61100- 45553 -2 -05
2,303
Educational & Recreational
302 - 110 - 1102 - 0300 - 123M - 61100 - 46614 - 2 - 05
5,040
Supplies
Teachers
302 -110- 1102 - 0350 -142M- 61100 - 41121 -2 -05
37,320
Program Coordinator /Site
302- 110- 1102-0350 - 142M - 61100 - 41124 - 2 - 05
37,120
Manager
Activity Assistants
302 - 110 - 1102 - 0350 - 142M - 61100 - 41141 - 2 - 05
25,920
Retiree Health
302 - 110 - 1102 - 0350 -142M- 61100- 42200 -2 -05
71
Social Security
302- 110 - 1102 - 0350 -142M- 61100- 42201 -2 -05
13,488
VRS
302 - 110 - 1102 - 0350 - 142M - 61100 - 42202 - 2 - 05
799
Medical /Dental
302 -110- 1102 - 0350 -142M- 61100- 42204 -2 -05
2,193
Group Life
302 - 110 - 1102 - 0350 - 142M - 61100 - 42205 - 2 - 05
84
Professional Contracted Services
302- 110- 1102-0350- 142M - 61100 - 43313 - 2 - 05
31,654
Professional Transportation
302- 110 - 1102 - 0350 - 142M - 61100 - 43343 - 2 - 05
16,400
Travel - Meals &Lodging
302 -110- 1102 - 0350 -142M- 61100- 45553 -2 -05
2,303
Educational & Recreational
302 -110- 1102 - 0350 -142M- 61100- 46614 -2 -05
3,593
Supplies
Teachers
302- 110- 1102 - 0400 -143M- 61100- 41121 -3 -05
17,600
Program Coordinator /Site
302- 110- 1102-0400- 143M - 61100 - 41124 - 3 - 05
30,320
Manager
Activity Assistants
302- 110 - 1102 - 0400 - 143M - 61100 - 41141 - 3 - 05
19,200
Retiree Health
302 -110- 1102- 0400 -143M- 61100- 42200 -3 -05
58
Social Security
302 - 110 -1102- 0400 -143M- 61100- 42201 -3 -05
10,982
VRS
302 - 110 - 1102 - 0400 - 143M - 61100 - 42202 - 3 - 05
650
Medical /Dental
302 - 110 - 1102 - 0400 - 143M - 61100 - 42204 - 3 - 05
1,786
Group Life
302- 110- 1102 - 0400 -143M- 61100- 42205 -3 -05
68
Professional Contracted Services
302- 110- 1102-0400- 143M - 61100 - 43313 - 3 - 05
28,828
Professional Transportation
302 - 110 - 1102 - 0400 - 143M - 61100 - 43343 - 3 - 05
21,200
Travel - Meals &Lodging
302 -110- 1102 - 0400 -143M- 61100- 45553 -3 -05
2,303
Educational & Recreational
302 - 110 - 1102 - 0400 - 143M - 61100 - 46614 - 3 - 05
3,919
Supplies
Teachers
302 - 110 -1102- 0420 -141M- 61100 - 41121 -2 -05
27,340
Program Coordinator /Site
302 -110- 1102 - 0420 -141M- 61100- 41124 -2 -05
28,900
Manager
Activity Assistants
302- 110 -1102- 0420 -141M- 61100 - 41141 -2 -05
25,920
Retiree Health
302- 110- 1102 - 0420 -141M- 61100- 42200 -2 -05
71
Social Security
302 - 110 - 1102 - 0420 -141M- 61100- 42201 -2 -05
13,488
VRS
302- 110- 1102 - 0420 -141M- 61100- 42202 -2 -05
799
Medical /Dental
302 -110- 1102 - 0420 -141M- 61100- 42204 -2 -05
2,193
Group Life
302- 110 -1102- 0420 -141M- 61100- 42205 -2 -05
84
Professional Contracted Services
302 - 110 - 1102 - 0420 - 141 M - 61100 - 43313 - 2 - 05
29,074
Professional Transportation
302 - 110 - 1102 - 0420 - 141 M - 61100 - 43343 - 2 - 05
18,900
Travel - Meals&Lodging
302 - 110- 1102 - 0420 -141M- 61100 - 45553 -2 -05
2,303
Educational & Recreational
302- 110- 1102 0420 141M - 61100 - 46614 - 2 - 05
3,890
Supplies
Teachers
302 -110- 1102 -0430 127M - 61100 - 41121 -2-05
17,320
Program Coordinator /Site
302- 110 - 1102 - 0430 -127M- 61100- 41124 -2 -05
31,600
Manager
Activity Assistants
302 - 110 - 1102 - 0430 -127M- 61100- 41141 -2 -05
20,920
Retiree Health
302 -110 -1102- 0430 -127M- 61100- 42200 -2 -05
71
Social Security
302- 110- 1102-0430- 127M - 61100 - 42201 -2-05
13,488
VRS
302 - 110 - 1102 - 0430 - 127M - 61100 - 42202 - 2 - 05
799
Medical /Dental
302- 110 - 1102 - 0430 -127M- 61100- 42204 -2 -05
2,193
Group Life
302 -110- 1102- 0430 -127M- 61100- 42205 -2 -05
84
Professional Contracted Services
302- 110- 1102-0430- 127M - 61100 - 43313 - 2 - 05
24,034
Professional Transportation
302- 110- 1102-0430- 127M - 61100 - 43343 - 2 - 05
5,374
Travel — Meals &Lodging
302 -110- 1102 - 0430 -127M- 61100 - 45553 -2 -05
2,303
Educational &Recreational
302- 110- 1102 - 0430 -127M- 61100 - 46614 -2 -05
4,240
Supplies
Equipment
302 - 253 - 0000 - 0000 - 375M - 68300 - 48821 - 9 - 00
125,000
Revenues
Federal Grant Receipts
302 - 000 - 0000 - 0000 - 132L - 00000 - 38010 - 0 - 00
$ 413
Slate Grant Receipts
302 - 000 - 0000 - 0000 - 375M - 00000 - 32400 - 0 - 00
100,000
Local Match
302 - 000 - 0000 - 0000 - 375M - 00000 - 72000 - 0 - 00
25,000
Federal Grant Receipts
302 - 000 - 0000 - 0060 - 150M - 00000 - 38287 - 0 - 00
137,314
Federal Grant Receipts
302 - 000 - 0000 - 0150 - 125M - 00000 - 38287 - 0 - 00
145,047
Federal Grant Receipts
302 - 000 - 0000 - 0230 - 160M - 00000 - 38287 - 0 - 00
153,221
Federal Grant Receipts
302 - 000 - 0000 - 0300 - 123M - 00000 - 38287 - 0 - 00
169,987
Federal Grant Receipts
302 - 000 - 0000 - 0350 - 142M - 00000 - 38287 - 0 - 00
170,945
Federal Grant Receipts
302 - 000 - 0000 - 0400 - 143M - 00000 - 38287 - 0 - 00
136,914
Federal Grant Receipts
302 - 000 - 0000 - 0420 - 141 M - 00000 - 38287 -0 - 00
152,962
Federal Grant Receipts
302 - 000 - 0000 - 0430 - 127M - 00000 - 38287 - 0 - 00
122,426
Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
EST:
00: U ad VI-AGN Lt.
November 20, 2017
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 Monday, November 13,
2017, the Board respectfully requests that City Council approve the
following appropriation requests:
New Appropriation
Award
School Security Equipment Grant 2017 -18
$125,000
Title IV -B Garden City Community Learning Center 2017 -18
$169,987
Title IV -B Woodrow Wilson Community Learning Center
2017 -18
$145,047
Title IV -B Round Hill Community Learning Center 2017 -18
$122,426
Title IV -B Hurt Park Community Learning Center 2017.18
$152,962
Title IV -B Westside Community Learning Center 2017 -18
$170,945
Title IV -B William Fleming Community Learning Center
2017 -18
$136,914
Title IV -B Morningside Community Learning Center 2017 -18
$137,314
Title IV -B Jackson Community Learning Center 2017 -18
$152,221
Revised Appropriations Additional Award
Title I, Part A Improving Basic Programs $413.32
On behalf of the School Board, thank you for your consideration.
Sincerely,
I Q'u �'_
Cindy H. Poulton, Clerk
pc: Dan Callaghan
Rita D. Bishop
Bob Cowell
Kathleen Jackson
Amelia Merchant
HOW Salyers (w /details)
Annette Lewis
"U
ROANOKE CITY
PUBLIC SCHOOLS
School Board
Annette Lewis
Chairman
Mark K. Cathey
Vice Chairman
William B. Hopkins, Jr.
Elizabeth C. S. Jamison
Laura D. Rottenborn
Lutheria H. Smith
Dick Willis
Dr. Rita D. Bishop
Superintendent
Cindy H. Poulton
Clerk of the Board
www.rcps.info p: 540.853.2381 f: 540.853.2951 P.O. Box 13145 Roanoke VA 24031
em CITY COUNCIL AGENDA REPORT
MW
To: Honorable Mayor and Members of City Council
Meeting: November 20, 2017
Subject: School Board Appropriation Request
Background
As the result of official Roanoke City School Board action at its November 13, 2017 meeting,
the Board respectfully requested that City Council appropriate funding as outlined in this
report.
The 2016 -17 Title I, Part A Improving Basic Programs grant provides financial assistance for
high numbers or percentages of children from low- income families to help ensure that all
children meet challenging state academic content and achievement standards. The increase of
$413 is based on the final award allocations made by the Virginia Department of Education.
This grant will be reimbursed by federal funds and will end September 30, 2018. This is a
continuing program.
The 2017-18 Title IV -B Morningside Elementary School Community Learning Center grant award
of $137,314 supports the Morningside Elementary School Community Learning Center in an
effort to address the critical attendance, academic, and parental involvement needs of the
school in a safe, supervised, and nurturing environment. The program is designed to provide
significant expanded learning opportunities that contribute to reducing violence and drug use
while assisting students to meet or exceed local and state standards in core academic subjects.
This grant will be reimbursed by federal funds and will end September 30, 2019. This is a
continuing program.
The 2017 -18 Title IV -B Woodrow Wilson Middle School Community Learning Center grant award
of $145,047 supports the Woodrow Wilson Middle School Community Learning Center in an
effort to address the critical attendance, academic, and parental involvement needs of the
school in a safe, supervised, and nurturing environment. The program is designed to provide
significant expanded learning opportunities that contribute to reducing violence and drug use
while assisting students to meet or exceed local and state standards in core academic subjects.
This grant will be reimbursed by federal funds and will end September 30, 2019. This is a
continuing program.
The 2017 -18 Title IV -B Jackson Middle School Community Learning Center grant award of
$153,221 supports the Jackson Middle School Community Learning Center in an effort to
address the critical attendance, academic, and parental involvement needs of the school in a
safe, supervised, and nurturing environment. The program is designed to provide significant
expanded learning opportunities that contribute to reducing violence and drug use while
assisting students to meet or exceed local and state standards in core academic subjects. This
grant will be reimbursed by federal funds and will end September 30, 2019. This is a
continuing program.
The 2017-18 Title IV -B Garden City Elementary School Community Learning Center grant award
of $169,987 supports the Garden City Elementary School Community Learning Center in an
effort to address the critical attendance, academic, and parental involvement needs of the
school in a safe, supervised, and nurturing environment. The program is designed to provide
significant expanded learning opportunities that contribute to reducing violence and drug use
while assisting students to meet or exceed local and state standards in core academic subjects.
This grant will be reimbursed by federal funds and will end September 30, 2019. This is a
continuing program.
The 2017 -18 Title IV -B Westside Elementary School Community Learning Center grant award of
$170,945 supports the Westside Elementary School Community Learning Center in an effort to
address the critical attendance, academic, and parental involvement needs of the school in a
safe, supervised, and nurturing environment. The program is designed to provide significant
expanded learning opportunities that contribute to reducing violence and drug use while
assisting students to meet or exceed local and state standards in core academic subjects. This
grant will be reimbursed by federal funds and will end September 30, 2019. This is a
continuing program.
The 2017-18 Title IV -B William Fleming High School Community Learning Center grant award of
$136,914 supports the William Fleming High School Community Learning Center in an effort to
address the critical attendance, academic, and parental involvement needs of the school in a
safe, supervised, and nurturing environment. The program is designed to provide significant
expanded learning opportunities that contribute to reducing violence and drug use while
assisting students to meet or exceed local and state standards in core academic subjects. This
grant will be reimbursed by federal funds and will end September 30, 2019. This is a
continuing program.
The 2017-18 Title IV-13 Hurt Park Elementary School Community Learning Center grant award of
$152,962 supports the Hurt Park Elementary School Community Learning Center in an effort to
address the critical attendance, academic, and parental involvement needs of the school in a
safe, supervised, and nurturing environment. The program is designed to provide significant
expanded learning opportunities that contribute to reducing violence and drug use while
assisting students to meet or exceed local and state standards in core academic subjects. This
grant will be reimbursed by federal funds and will end September 30, 2019. This is a
continuing program.
The 201 7 -1 8 Title IV -B Round Hill Elementary School Community Learning Center grant award
of $122,426 supports the Round Hill Elementary School Community Learning Center in an
effort to address the critical attendance, academic, and parental involvement needs of the
school in a safe, supervised, and nurturing environment. The program is designed to provide
significant expanded learning opportunities that contribute to reducing violence and drug use
while assisting students to meet or exceed local and state standards in core academic subjects.
This grant will be reimbursed by federal funds and will end September 30, 2019. This is a
continuing program.
The 2017 -18 School Security Equipment grant award of $100,000 from the Virginia
Department of Education with a required local match of $25,000 supports the purchase of
security equipment to improve and help ensure the safety of students attending public schools.
This grant will be reimbursed by state funds and will end June 30, 2018.
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.
obert 5. Cowell, Jr.
City Manager
Distribution: Council Appointed Officers
Rita D. Bishop, Superintendent, RCPS
P. Steve Barnett, Assistant Superintendent for Operations, RCPS
Kathleen M. Jackson, Chief Financial Officer, RCPS
Amelia C. Merchant, Acting Director of Finance
302- 110 -0000 -0000 -1321- 61100 -01121 -3 -01
302- 110- PINV-0000 -132L -6110 0 -011 21 -3 -01
302 -110 -0000 -0000 - 132161210- 42204-3-01
302 - 110 -PINV- 00061321- 61210- 42204 -3 -01
302- 110 -0000- 1000- 132L61100- 43313 -9 -01
302- 110 -0000 -0000- 132L61310 -03361 -301
302- 110 -PINV- 1000 -132L 61310 -04450 -9 -01
302- 110 -0004 1000 - 1321--61310- 45551 -9 -00
302 -110- 0000 -0000 -132L -61310- 45541 -2 -00
302110 -IN0C -000 -132L- -0000062000 -0 -00
302 -110- 0000 -0000 - 132161100-05583 -2 -01
302 - 110-0000 -0000 -132L- 61100 - 46613-2 -01
302 - 110- PINV-00 0 0- 1 32161 31 0- 4fifi139 00
Revenue
302000- 0000 -00041321--00000- 30010 -0 -00
ROANOKE CITY PUBLIC SCHOOLS
peanuts, VA
REVISED APPROPRIATION REQUEST
Title I, Part A Improving Seek Programs 2016.17
132L
Calibration
Personal Services
Personal Services- Parental involvement
Benefits
Benefits - Parental Involvement
Professional Development
Purchased Services
Internal Printing - Parental Involvement
Travel
Leases 8 Rental Equipment
Indirect Cost
Miscellaneous Other Charges
Materials 8 Supplies
Mayinals B Supplies - Parental Invalvement
Federal Grant Receipts
Changes
Quit Bud,. t RRe9..shed
Fnal Bud,.t
$ 3.81
$ 3,81
30.000.00
3,00000
1,564.87961 $
413.32 1,565,292.93
2,23577
223577
144,316.00
144,31600
103,800.00
103,800 00
16,11800
1611800
2,00000
20,00000
80,00000
8,000.00
239,400.00
239400.00
1.800.00
1,80.00
366.91000
366,910.00
16,118.00
16,11800
$ 6,444797.97 $ 413.32 $ 6,447,211.29
The 2016 -17 The l Pad A Improving Basic Programs grant provides financial assistance to Roanoke City Public Schools for high numbers or
percentages of children from low- income families to help ensure that all oMldren meet challenging stale academic content and achievement
standards. The increase above Is based on me final award chiselers made by the Virginia Department of Education. The grant period will end
September 30. 2018. This is a continuing program.
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
NEW APPROPRIATION REQUEST
School Security Equipment Grant 2017 -18
37W
Original Changes Final
Egg Descrpton Buda Rem Butloet
302 - 253 - WOO - 0000 - 375M - 68300 - 48821 - 9 - 00 Equipment $ 125,000.00 $ $ 125,000.00
$ 125,000.00 $ $ 125,000.00
B9yerm
302 - 000 - 0000 - 0000 - 375M - 00000 - 32400 - 0 - 00 State Grant Receipts $ 100,000.00 $ - $ 100,000.00
302 - 000 - 0000 - 0000 - 375M - 00000 - 72000 - 0 - 00 Local Match 25,000.00 25,000.00
$ 125,000.00 $ $ 125,00000
This grant award supports the purchase of security equipment to improve and help ensure the safety of students allending public
schools in Virginia. Specifically, Roanoke City Public ScMnis has received funding to assist with upgrades to its existing security
camera systems for fifteen schools- Fishbum Park Elementary, Forest Paris Academy, Highland Park Elementary, Hurt Park
Elementary, James Breckinridge Middle, James Madison Middle, Lincoln Terrace Elementary, Lucy Addison Middle, Noel C. Taylor
Academy, Patnck Henry High, Roanoke Academy for Mathematice & Silence Elementary, Round Hill Elementary, Stonewall Jackson
Middle, William Fleming High and Woodrow Wilson Middle. 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, 2018.
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
NEW APPROPRIATION REQUEST
Title IV -B Morningside Elementary School Community Learning Center 201743
150M
Exre sg
Changes
Final
@14940
Reauest4A
Bucket
S 23.000.00
302
- 1101102
30,72000
- 0060
-150M
61100
- 41121
- 2 -05
302
-110-
1102
-0060
150M-
61100
- 41124
-2 -05
302
- 110
-1102
-0060
-150M
61100
- 41141
-2 -05
302-
110
-1102
-0060
-150M
-61100
-42200
-2 -05
302
- 110
-1102
-0060
-150M
-61100
-42201
-2 -05
302
110
-1102
-0060
-150M
61100
-42202
-2 -05
302 -
110
-1102
-0060
150M-
61100
- 42204
-2 -05
302 -
110
-1102
-0060
-150M
-61100
-42205
-2 -05
302-
110-
1102
-0060
-150M-
61100
- 43313
-2 -05
302-
110 -1102
-0060
-150M -61100
-43343
-2 -05
302 -
110 -1102
-0060
-150M -61100
u5553-2
-05
302
110 -1102
-0060
-15010-61100
-46614
-2 -05
r`�.and
Teachers
Program Coordinam iie Manager
Activity Assistants
Retiree Health
Social Security
VRS
MedlcaVOental
Group Life
Professional Cornering Services
Professional Transportation
Travel - Meals & Lodging
Educational& Recreational Supplies
Revenue
302 - 000 -0000 - 0060 150M - 00000 - 38287 - 0 - 00 Federal Grant Receipts
Original
Changes
Final
@14940
Reauest4A
Bucket
S 23.000.00
$ -
$ 23,000.00
30,72000
3072000
21,600.00
21,600.00
71.00
71.00
13,488 00
13,488 00
799.00
]99.00
2,19300
2,19300
84.00
84.00
ZdA 8.00
26,408.00
12,000.00
12,00000
2.303 00
2,303 00
4,648.00
4,648.00
$137,314.00
$
$137,314.00
5 137,314.00 $ $137,314.00
This 21 at Century Community Leaming Center grant (year two of a possible O. year award) sup soma the Momm ide Elementary School
Community Leaming Center (CLC) m an aff, to address me educed intromnce, academic, and parental Involvement needs of Ne school In a
safe, supervised and nununng environment. The Morni00side CLC redesigned! to provide sgmficant eaemded Teaming opportunities after school
that contribute to reducing violence aM drug use while assisting students to meet or exceed local and state standandsin core academic subjects.
The program will be fully reimbursed by federal funds and will end September 30, 2019. This is a continuing program.
ROANOKE CITY SCHOOL BOARD
Roanoke. Virginia
NEW APPROPRIATION REQUEST
Title IV-8 Woodrow Wilson Middle School Community Leaming Center 2017 -18
125M
alirmug
Charges
Final
Budgie
persuade
dusts
$ 25,000.00
302
- 110
-1102
-0150
-125M
61100
-41121
-2 -05
302
- 110-
1102
-0150
12W-
61100
- 41124
-2 -05
302
110
- 1102
- 0150
-125M-
61100
- 41141
-2 -05
302-
110
-1102
-0150
-125M
-61100
-42200
-2 -05
302-
110
-1102
-0150
-125M
-61100
-42201
-2 -05
302-
110
-1102
-0150
-125M
-61100
-42202
-2 -05
302
110
-1102
-0150
-125M
-61100
-42204
-2 -05
302-
110
- 1102
- 0150
-125M
- 61100
-42205
-2 - 05
302-
110
-1102
-0150
-125M
-61100
43313
-2 -05
302-
110
-1102
-0150
-125M
-61100
-43343
-2 -05
302
110-
1102
-0150
-125M-
61100
- 45553
-2 -05
302-
110 -1102
-0150
-125M -61100
-46614
-2 -05
Lte;grlptto
Teachers
Program Coordmet0d5i1e Manager
Acal Assistants
Retiree Heal
Social Security
VHS
MedlcaliDentel
Group Life
Professional Contracted Services
Profe590nal TranspmWtiOn
Travel Meals 8 Lodging
EducgtronalA RetriatlOWl Supplies
Revenue
302 - 000 - 0000 - 0150 -125M 00000 - 38287 - 0 - 00 Federal Grant Receipts
Original
Charges
Final
Budgie
persuade
dusts
$ 25,000.00
$ -
$ 25,000.00
30,520.00
30.520.00
181,10 W
18000.00
61
6200 .
11,86600
11,666.00
703.00
703.00
1193000
1,930.00
7400
74.00
36,38800
36,388.00
13.200.00
13,200.00
2,303.00
2,30300
5,001.00
5,001.00
$145,04
$l$ $145.oi
S 145,047.00 $ $145,047.00
This 21st Century Community Learning Center gram (year two Of possible three year award) supports the Woodrow Wilson Middle Sch001
Community Learning Center (CLC) In an effort to address me critical attendance, academic, and parenUl involvement needs of me school in a safe,
supervised. and nurturing environment. The Woodrow William CLC is designed to provide significant expanded learning opportunities after school
that contribute to reducing violence and drug use while assisting students to meet or exceed land and stale amindal care academic subjects.
The program will be fully reimbursed by federal funds and will end September 30, 2019. Trials a continuing program.
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
NEW APPROPRIATION REQUEST
Title IV -S Jackson Middle School Community Learning Center 2017-18
hall
Eso_n e
Changes
Final
Budget
Rtes le4
Budeet
$ 20,12000
302
110
-1102
-0230
-160M
-61100
-41121
-3 -05
302-
110
-1102
-0230
-160M
-61100
-41124
3 -05
302
- 110
-1102
-0230
-160M
-61100
-41141
-3 -05
302
110
-1102
-0230
160M
-61100
-42200
-3 05
302-
110
-1102
-0230
160M
61100
42201
-3 -05
302-
110
-1102
-0230
- 160M
-61100
-42202
-3 -05
302 -
110
-1102
-0230
-160M
- 61100
- 42204
-3 -05
302-
110
1102
-0230
-160M
-61100
-42205
-3 -05
302-
110 -1102
-0230
-160M
-61100
-43313
-3 -05
302-
110 -1102
-0230
-160M
-61100
-43343
-3 -05
302 -
110 -
1102
-0230
-160M
-61100
- 45553
-3 -05
302-
110 -1102
-0230
160M
-61100
-46614
-3 -05
BDeescrigP99
Teachers
Program Courd'alalorl$ile Manager
Acti ly Assistants
Retiree Health
Social Security
VRS
MedlcallDantal
Group Life
Professional Cente led Services
Professional Transportation
Travel - Meals & Lodging
Educational & Rementbnal Supplies
302- 000 -0000- 0230 -160M- 00000 - 38287 -0 -Ip Formal Grant Receipts
Original
Changes
Final
Budget
Rtes le4
Budeet
$ 20,12000
$ -
$ 28,12000
30720.00
30,72000
21,60000
21,80000
32U0
3200 .
6,028.00
6,028.00
357 W
35] 00
980.00
980.00
38 00
3800
36,04800
36,04800
22,400.00
2240000
2,30300
2,30300
4,59500
4,595.00
$153,221 00
$
$153,221 00
$ 153,221 00 $ $ 153221 00
This 21st Century Community Learning Center grant (year two 0 a possible three year award) supports the Jackson Mitldle School Community
Learning Center (CLC) in an effort b address 1. .1.1 adendance, academic and parental involvement needs of the school in a safe,
supervised, and nurturing environment. The Jackson CLC is designed to provide egm8cant expanded learning opportunities after school that
contribute to reducing violence and drug use while assisting students to meet or exceed local and state standards in core academic subjects. The
pregram will be fully reimbursed by federal hands and will end September 30, 2019. This Is a continuing program.
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
NEW APPROPRIATION REQUEST
Title IV-B Garden City Elementary School Community Learning Center 2017-18
123M
aveS€
Changes
Piml
Barteet
Reboactgd
Rudaet
$ 33,555.00
302-
110
1102
-0300
-123M
-61100
-41121
-2 -05
302-
110
-1102
-0300
-123M
-61100
-41124
-2 -05
302
110
- 1102
- 0300
-123M-
61100
- 41141
-2 -05
302-
110-
1102
- 0300
-123M
- 61100
- 42200
- 2 -05
302-
110
-1102
-0300
-123M
-61100
-42201
-2 -05
302-
110
-1102
-0300
-123M
-61100
-42202
-2 -05
302-
110
-1102
-03W
-123M
-61100
42204
-2 -05
302
- 110-
1102
-03W
-123M
- 61100
- 42205
-2 -05
302-
110
- 1102
-0300
-123M-61100
- r3313
-2 - 05
302 -
110
-1102
-0300
-123M
-61100
-43343
-2 -05
302-
110
-1102
-0300
-123M
-61100
-45553 -2
-05
302 -
110
1102
-03M
-123M
-61100
46614 -2
-05
Deforifto
Teacters
Program Coordlnab ie Manager
Activity Assistants
Retiree Health
Social Security
VRS
MedicallOentxl
Group Life
Professional Contracted Services
Professional Transivrtmon
Travel - Meals 8 Lodging
Educational& Recreational Supplies
Revenue
302 - 000 - 0000- 03W -123M- 00000 - 38287 -0 -W painfu lGrant Receipts
Original
Changes
Piml
Barteet
Reboactgd
Rudaet
$ 33,555.00
$ -
$ 33,55500
35,62000
35,62800
25,92000
25,92000
7 W
71.00
13,48800
13.48800
799 00
79900
2,19300
2.193.00
84.00
84.00
28,11400
28,11400
22,800.00
22,800.00
2,30300
2,30300
5,04800
5,040.00
$169.98] s)
$
$ 169,987.00
$ 169,98700 $ $ 169,987 00
This 21 st Century Community Learmy, Center grant (year three of a possible three year award( supports the continuation of the Garden City
Elementary School Community Learning Center (0.G) in an effort to address the crifiwl attendance, torment, and parental involvement needs of
the school in a safe, supervised, and nurturing environment The Garden City CLC is designed to provide significant expanded teaming
opponunibas after school and during the summer that contribute to reducing violence and drug use while assisgng students to meet or exceed local
and state standards in core academic subjects. The program will be fully reimbursed by federal funds and will end September 30, 2019, This Is a
continuing program.
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
NEW APPROPRIATION REQUEST
Title IV -B Westsitle Elementary School Community Leaming Center 2017 -18
142M
Expense
Changes
Final
Budge
HHe3ueeted
Buddet
$ 37,32000
302-
110
-1102
-0350
142M
-61100
-41121
-2 -05
302-
110
-1102
-0350
-142M
- 61100
- 41124
- 2 - 05
302-
110
-1102
-0350
-142M
-61100
-41141
-2 05
302-
110
-1102
-0350
-142M
-61100
-422W
-2 -05
302
- 110
1102
-0350
-142M
61100
-42201
-2 -05
302
110
- 1102
- 03W
-142M
- 611W-42K2
-2 -05
302 -
110
-1102
-03W
-142M
-61100
- 42204
-2 -05
302-
110
- 1102
- 03W
-142M
- 61100
-42205
-2 -05
302-
110
- 1102
-0350
-142M
61100
- 43313
-2 -05
302-
110-
1102
-0350
142M-
61100
- 43343
-2 -05
302-
110 -1102
-0350
-142M -61100
45553
-2 -05
302 -
110
1102
-03W
-142M -
61100
- 46614
-2 -05
DSed➢g099
Teachers
Program Coordinator /Site Manager
Activity Assistants
Retiree Health
Sodal Security
VRS
Medicall0ental
Group Lde
Professional Connected Services
Professional Transportation
Travel -Meals 8 Lodging
Educational& Rebroadcast Supplies
Revenue
302 000 -0000 -0350 142M -00000 - 38287 -0 -00 Federal Grant Receipts
Original
Changes
Final
Budge
HHe3ueeted
Buddet
$ 37,32000
$ -
$ 37,32000
37.120.00
37,120.00
25.92000
25,92000
71.00
71.00
13,488.00
13488.00
79900
79900
2,19300
2,193.00
84.00
84.00
31.654.00
31,65400
16.400.00
16.400.00
2,303.00
2303.00
3,59300
3,59300
$170945.00
$
$170.945.00
$ 170.945.00 8 $170,945.00
This 21st Century Community Learning Center grant (year three of a possible three year award) supports Ile continuation of the Westsitle
Elementary School Community Learning Comer (CLC) In an egort to address the cribcal attendance, academic, and parental involvement needs of
the school in a safe, supervised, arld nurturing environment The Westsitle CLC is designed to provide agu fcant expanded learning opportunities
after school and during the summer that contribute to reducing violence and drug use while assisting students to meet or exceed local and state
standards in core academic subjects. The program will be fully reimbursed by federal funds and will end September 30, 2019. This is a continuing
program.
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginla
NEW APPROPRIATION REQUEST
Title IV -B William Fleming High School Community Leaming Center 2017 -18
143M
FXPmse
- S 1,600,0
30,32000
30.320.00
19.200.00
19,200.00
5800
302-
110
-1102
-0400
-143M
61100
-41121
-3 -05
302
- 110
- 1102
-0400
-143M-
61100
- 41124
-3 -05
302-
110-
1102
-0400
-143M-
61100
-41141
-3 -05
302-
110
- 1102
-0400
143M
- 61 IN
-42200
- 3 05
302
- 110
-1102
-0400
-143M
- 61100
-42201
-3 -05
302
- 110
-1102
-04W
-143M
- 61100
- 42202
-3 - 05
302-
110
1102
-0400
-143M
-61100
-42204
-3 -05
302
- 110
- 1102
-0400
-143M
- 61100
- 42205
- 3 -05
302-
110
-1102
-0400
-143M
-61100
-43313
-3 -05
302
- 110
-1102
-0400
-143M
-61100
-43343
-3 -05
302 -
110-
1102
-0400
143M
- 61100
- 45553
-3 -05
302-
110
-1102
-0400
143M
-61100
-46614
-3 -05
Description
Teachers
Program COprdirsim ite Manager
Act iry Assistants
Retiree Healm
Social Security
VRS
Medical/Dental
Group Life
Professional Contracted Services
Professional Transportation
Travel - Meals & Lodging
Educational& Recreational Supplies
Revenue
302 - 000 -0000 - 0400 -143M -WON -3828 0 -00 Federal Grant Receipts
Onginal Changes Final
S 1],600.00 S
- S 1,600,0
30,32000
30.320.00
19.200.00
19,200.00
5800
5800
10,982 00
10,982.00
650.00
650.00
1]8800
1,781
61
6800
28,828.00
28,828.00
21,200.00
21200.00
2,303.00
2.30300
3.91900
3,919.00
$136,91400 $
$136.914.00
$136.914.00 $ $136,g4uW
This 21st Century Community Learrnng Center grant (year two of a passible mrse year awam( supports the Wiliam 11ming High School
Community Lemming Center (CLC) In an effort to address the critical atlaMance, academic, and parental Involvement needs of the schni Ina
sate, supervised, and nurturing environment The William Fleming CLC is destined to Provide significant expanded learning opportunities after
school that contribute t0 reducing violence and drug use while assisting students to meet or exceed local and slate standards In core academic
subjects. The program will be fully reimbursed by federal funds and will end September 30, 2019. This Is a connnuirg program.
Expense
302- 110 -1102
302 -110 -1102
302 - 110 -1102
302- 110 -1102
302- 110 -1102
302- 110 -1102
302 - 110 -1102
302 - 110 -1102
302- 110 -1102
302 110 1102
302- 110- 1102
302 - 110 -1102
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
NEW APPROPRIATION REQUEST
Title IV -B Hurt Park Elementary School Community Learning Center 2017 -18
141M
0420 -141M -61100 41121 -2 -05
0420 -141M 61100 -41124 -2 -05
0420 -141M -61100 -41141 .2 -05
0420 -141M -61100 -42200 -2 -05
0420 -141M -61100 42201 -2 -05
0420 -141M -61100 -42202 -2 -05
0420 -141M- 61100 - 42204 -2 -05
0420 -141M -61100 -42205 -2 -05
0420 -141M 61100 -43313 -2 -05
0420 -141M 61100 -43343 -2 -05
0420 -141M -61100 -45553 -2 -05
0420 -141M -61100 -46614 2 -05
Upporiplip
Teachers
Program Cccrdmatpr/Site Manager
Adiviry mbecoms
Retiree Health
Social Security
VRS
Medical /Dental
Group Life
Professorial Contracted Services
Professional Transportation
Travel Meals 8 Lodging
Educational & Recreational Supplies
Revenu€
302 -000 0000- 0420 -141M - 00000 - 38287 -0 -00 Federal Grant Receipts
Original Chortles
Final
Budget BmpHSte4
Budge
$ 27,340.00 $ -
$ 27,34000
28,900.00
28,900.00
25,92000
25,920.00
71.00
7 00
13,48800
13,48800
799.00
799.00
2,193.00
2,193.00
84.00
8400
29,074.00
29,074.00
18.90000
18,900 00
2.303 00
2,30300
3,89000
3,890.00
$152,96200 $
$152,962.00
$ 152.962.00 $ $152,962.00
This 21st Century Community Leamirg Center grant (year three of possible three year award) supports the cormuation of the Hun Park
Elementary School Community Learning Center (CLC) In an Woo to address Me critical attendance, even ie and parental involvement needs of
the school in a safe, superviseb, and manuring emimnment The Hurt Park CLC is designed to provide significant expanded teaming
opportunities after school and during Me summer that continues to reducrp violence and drug use while assisting students to meet or exceed
local and state standards in core academic subjects. The program will be fully reimbursed by federal funds and will end September 30, 2019. This
is continuing program.
Ens€
302 - 110 -1102 -0430
302 - 110 -1102 -0430
302- 110- 1102 - 0430
302 -110 -1102 -0430
302- 110 -1102 -0430
302- 110 - 1102 - 0430
302 - 110 -1102 -0430
302 - 110 - 1102 - 0430
302- 110 -1102 -0430
302- 110 -1102 -0430
302 - 110 - 1102 -0430
302- 110 -1102 -0430
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
NEW APPROPRIATION REQUEST
Title IV -B Round Hill Elementary School Community Learning Center 201T -18
127M
127M
127M
127M
127M
127M
127M
127M
127M
127M
127M
127M
127M
61100
61100
61100
61100
61100
61100
61100
61100
61100
61100
61100
61100
41121 - 2 -05
41124 - 2 -05
41141 -2 05
42200 -2 -05
42201 -2 -05
42202 -2 -05
42204 -2 -05
42205 -2 -05
43313 -2 -05
43343 -2 -05
45553 -2 -05
46614 -2 -05
Dancrollon
Teachers
Program Coommator/91e Manager
Activity Assistants
Retiree Health
Social Security
VRS
MedicaVOental
Group Life
Professional Contracted Services
Professional Transportation
Travel - Meals & Lodging
Educational& Recreational Supplies
Revenue
302 OW -01 - 0430 -127M -OWW- 38287 - 0 - 00 Federal Grant Receipts
Original
Changes
Final
Butlae
Pool g
Imo}
$ 1 ].320 00
$ -
$ 17,320 00
31,600.00
3160000
20,920.00
20,920.00
71.00
71.00
13.48800
13,488.00
799M0
799.00
2,193.00
2,193.00
84.00
84.00
24,034.00
24,03400
5.374.00
5,37400
2.303.00
2,303.00
4240.00
4,240.00
$122,42600
$
$122.426.W
This 21st Century Community Learning Center grant (War three of possible three year award) supports the continuation ofthe Round Hill
Elementary SchWl Community Learning Center (CLC) in an ¢Kart to address the critical attendance, academic, and parental involvement needs
of the school Ina safe, supervised, and nurturing environment The Room Hill CLC Is desgmed tc provide sgurnoint expanded learning
opportunities after school and during me summer that contribute to reducing violence and drug use while assisting students W meet or exceed
)oral and stale unn1 rds In core academic subjects. The program will be fully reimbursed by normal funds and will end September 30, 2019. This
Is a continuing program.
Matthew Fink
3545 Electric Road, S. W.
Roanoke, Virginia 24018
Dear Mr. Fink:
I am enclosing copy of Resolution No. 41008-112017 appointing you as a Director of
the Economic Development Authority of the City of Roanoke to fill the unexpired term of
office of Thomas Cullen ending October 20, 2018.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, November 20, 2017.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to continue to serve in this capacity
to which you were appointed.
Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing
copy of the Virginia Freedom of Information Act. The Act requires that you be provided
with a copy within two weeks of your appointment and each member is required "to read
and become familiar with provisions of the Act."
Furthermore, pursuant to Section 2.2 -3115, Code of Virginia (1950), as amended, I am
required to furnish City of Roanoke representatives to the Economic Development
Authority with a Financial Disclosure Form that must be filed with the undersigned prior
to serving as a Director. Failure to file by the deadline shall be considered a violation of
Section 2.2 -3120, Code of Virginia (1950) as amended, which may result in being
charged with a Class 1 or Class 3 misdemeanor.
CITY OF ROANOKE
OFFICE OF'PHE CITY CLERK
215 Church Avennv, S. W., Rom, 456
Rom3oke, Virginia 24011 -1536
'telephone: (540)853 -2541
1'nx: (5410853 -1145
E null: elerk(n munokcva.gov
C'E('RLIA F. MC'COY
81 EPIIANIE M. MOON REYNOLDS. MNR
Depmi Ci1Y Clerk
Ci(3C'Ierk
C E.C'ELIAT. WEBB, CMC
A,0,ra r( Denn(Y ON Cicrk
November 21, 2017
Matthew Fink
3545 Electric Road, S. W.
Roanoke, Virginia 24018
Dear Mr. Fink:
I am enclosing copy of Resolution No. 41008-112017 appointing you as a Director of
the Economic Development Authority of the City of Roanoke to fill the unexpired term of
office of Thomas Cullen ending October 20, 2018.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, November 20, 2017.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., prior to continue to serve in this capacity
to which you were appointed.
Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing
copy of the Virginia Freedom of Information Act. The Act requires that you be provided
with a copy within two weeks of your appointment and each member is required "to read
and become familiar with provisions of the Act."
Furthermore, pursuant to Section 2.2 -3115, Code of Virginia (1950), as amended, I am
required to furnish City of Roanoke representatives to the Economic Development
Authority with a Financial Disclosure Form that must be filed with the undersigned prior
to serving as a Director. Failure to file by the deadline shall be considered a violation of
Section 2.2 -3120, Code of Virginia (1950) as amended, which may result in being
charged with a Class 1 or Class 3 misdemeanor.
Matthew Fink
November 21, 2017
Page 2
State Code provisions further provide that all disclosures filed and maintained as a
matter of public record must be retained for a period of five years in the Office of the
Clerk of the governing body.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to serve the City of Roanoke as a Director of the
Economic Development Authority.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
c: Harwell M. Darby, Jr., Secretary, Economic Development Authority, Glenn,
Feldmann, Darby and Goodlatte, 37 Campbell Avenue, S. W., Roanoke, Virginia
24011
�I u
IN THE COUNCII. OF'1'I Ili CI'I'Y OF ROANOKF, VIRGINIA
Tha 20th day of November, 2017.
No. 41008- 112017.
A I211SOLUIION appointing a Director on the Board of Directors of the Economic
Development Authority of the City of Roanoke, Virginia to fill the remaining portion of an
unexpired four (4) year term on its Board of Directors.
WHEREAS, the Council is advised that Thomas 'h. Cullen, a Director on the Board of
Directors of the Economic Development Authority of the City of Roanoke, Virginia, resigned
effective October 5, 2017, from a position the terns of which is to expire October 20, 2018, and the
vacancy has not been filled; and
WHEREAS, Section 15.2 -4904, Code of Virginia (1950), as amended, provides that
appointments made by the governing body of such Directors shall, after initial appointment, be made
for terms of four (4) years, except appointments to fill vacancies which shall be for the remainder of
the unexpired term.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Matthew Fink
is hereby appointed as a Director on the Board of Directors of the Economic Development Authority
of the City of Roanoke, Virginia, to fill the remaining portion of the four (4) yearterm of Thomas T.
Cullen which commenced on October 21, 2014, and will expire on October 20, 2018.
EDA appr for unexpired tern- Matthew Fink
ATTEST:
� j�^ `ity �� � 1yt`� `l.✓
City Clerk. �.-.• .�'�
COMMONWEALTH OF VIRGINIA
To -wit:
CITY OF ROANOKE )
I, Stephanie M. Moon Reynolds, City Clerk, and as such City Clerk of the City of
Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting
of Council which was held on the twentieth day of November 2017, MATTHEW FINK
was appointed as a Director of the Economic Development Authority of the City of
Roanoke to fill the unexpired term of office of Thomas Cullen ending October 20, 2018.
Given under my hand and the Seal of the City of Roanoke this twenty -first day of
November 2017.
City Clerk
S'I'ITI IAN I F M. MOON It EYNOLDS, MM('
('ily ('Ici k
Robert S. Cowell, Jr.
City Manager
Roanoke, Virginia
Dear Mr. Cowell:
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Chinch Avenue, S. W., Room 456
Rnanoke, Virginia 241111 -1535
'rel,lk ,e: (5411)853-2541
Fnc (541)X53 -1145
P: nwil: dcrkm ruannls.'n.anv
November 21, 2017
(l((FLIA F. M('('OY
Depnly Cily Clerk
('RCFI.IA 1. WEBB, CM('
AWsIA11t Deputy City Clerk
At the regular meeting of the Council of the City of Roanoke held on Monday,
November 20, 2017, you were authorized to submit the appropriate request to the City
Planning Commission to release City -owned property at 2750 Hoover Street, N. W.,
bearing Official Tax Map No. 2430601, a portion of the Villa Heights Park; and vacate
the right of the City to maintain and operate and the right of the public to use the
Recreation Center Parcel portion of the Park, and execute such other documents and
take such other actions as are necessary to effectuate, implement and administer the
request to the Planning Commission to vacate and release of the City's right to maintain
and operate and the right of the public to use the Recreation Center Parcel portion of
the Park, in accordance with applicable law.
Sincerely,
g
Stephanie M. Moon Reynolds, MMC
City Clerk
PC: Daniel J. Callaghan, City Attorney
STATEMENT OF CONFLICT OF INTEREST
I, Michelle L. Dykstra, state that I have a personal interest in this motion
presented today regarding the authorization of the City Manager to file an
application with the City Planning Commission seeking to vacate and release
City -owned property located at 2750 Hoover Street, N.W., bearing Official Tax
Map No. 2430601 (the "Recreation Center Parcel ") as a public park and a part of
Villa Heights Park because my employer, Boys & Girls Clubs of Southwest
Virginia, Inc., has an interest in a lease transaction with Restoration Housing, a
Virginia corporation, that has entered into a contract to purchase the Recreation
Center Parcel from the City. The lease transaction would be between Boys and
Girls Clubs of Southwest Virginia, Inc. and Restoration Housing, or its permitted
assignee. Therefore, pursuant to Virginia Code Section 2.2 -3112, I must refrain
from participation in this matter. I ask that the City Clerk accept this statement
and ask that it be made a part of the minutes of this meeting.
Witness the following signature made this 20`h day of November, 2017.
/g1C ak � t�� (Seal)
Michelle L. Dykstra, Council Member
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone: (540)853 -2541
Fnx: (540) 851 -1145
STEPHANIE Al. MOON REYNOLDS, MMC E -mall: dcrk(. roanokevn.g °e CECELIA F. MCCOY
Ckv Clerk Deputy Cih Clerk
CECELIA T. AN CMC
Assistant Deput, Cio Clerk
November 21, 2017
Frederick W. Bromm
3324 Somercroft Court
Roanoke, Virginia 24014
Dear Mr. Bromm:
Your term of office as a member of the Board of Zoning Appeals will expire on
December 31, 2017.
On behalf of the Members of Roanoke City Council, I would like to express appreciation
for your service to the City of Roanoke as a member of the Board of Zoning Appeals
from January 1, 2015 to December 31, 2017. Please find enclosed a Certificate of
Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your
service.
Sincerely, M In tit, lLW
tephanie M. Moon eynolds, MMC
City Clerk
Enclosure
PC: Tina Carr, Secretary, Board of Zoning Appeals
CERTIFICATE OF APPRECIATION
PRESENTED TO
Frederick W. Bromm
AS A MEMBER OF THE
BOARD OF ZONING APPEALS
FROM JANUARY 1, 2015
TO DECEMBER 31, 2017
ONTHIS 21ST DAYOF NOVEMBER ,2017
IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY
RENDERED TO THE CITY OF ROANOKE
APPROVED: ATTEST:
SHERMAN P. LEA, SR.
STEPHANIE M. M
ON
LDS
MAYOR
CITY CLER
4.
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, 5 W.
Noel C. Taylor Municipal Building, Suite 456
Roanoke, Virginia 14011 -1536
�rHCINj/
— = Telephone: (540) 853 -2541
Fax: (540) 853 -1145
SHERMAN P. LEA, SR. Email: clerk(a,roanokeva,gov
Mayor
November 20, 2017
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
CouncB Members
William D. Bestpitch
Michelle L. Dykstra
Raphael E. "Ray" Ferris
John A. Garland
Anita J. Price
David B. Trinkle
Dear Mayor Lea and Members of Council:
This is to advise you that I will not be present at the 7:00 p.m. session of Council on
Monday, November 20, 2017. Best wishes for a successful meeting.
ncerely,
I David B. Trinkle
Council Member
DBT /ctw
November 21, 2017
Pastor Dova C. Hensley
First Church of the Brethren
2001 Carroll Avenue, N. W.
Roanoke, Virginia 24017
Dear Pastor Hensley:
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, November 20, 2017.
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
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Sane 456
Roanoke, Virginia 24011 -1536
Telephone: (540)853 -2541
Fu,: (540) 853 -1145
S'1'FPHANIE M. MOON REVNOLDS, MMC
F. -mail: alark0armmpkem'4p°
CC('ELIA F. M(•('OV
D,ul, City ('Icrk
By Clerk
('ECELIAT. WEBB,CM('
AssistmB Deputy Cip Ckrk
November 21, 2017
Pastor Dova C. Hensley
First Church of the Brethren
2001 Carroll Avenue, N. W.
Roanoke, Virginia 24017
Dear Pastor Hensley:
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, November 20, 2017.
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
cd ,Aw0haVo/L
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 20th day of November, 2017.
No. 41009 - 112017.
A RESOLUTION naming and honoring Nicole Lynn Harris as the
City of Roanoke's 2017 Citizen of the Year.
WHEREAS, Ms. Harris attended Virginia Western Community
College and earned an Associate of Arts and Sciences, Social Works,
degree from McKinley College;
WHEREAS, Ms. Harris has lived in Roanoke for more than nine
years and is committed to making her neighborhood and the City of
Roanoke a welcoming community for all of its residents;
WHEREAS, Ms. Harris demonstrates her tireless commitment to
her City through her active and productive engagement in numerous
community organizations founded on the principle that we make our
community better together;
WHEREAS, Ms. Harris has been involved in the "We Noticed"
campaign, which recognizes neighborhood businesses and residents who
make a difference in their neighborhoods by improving their property and
enhancing the spirit of community throughout the City;
WHEREAS, Ms. Harris actively serves in many community focused
organizations, including President of the South -East Action Forum, an
association committed to the Belmont, Fallon, Kenwood, and Morningside
neighborhoods of Southeast Roanoke; Vice Chair of the Roanoke
Neighborhood Advocates, a group appointed by City Council to
encourage, educate, and support neighborhoods throughout our City; and
Secretary of R.E.A.C.H., Inc., a non-profit organization that serves
Roanoke through Youth Missions, summer work camp program, and
community engagement events;
WHEREAS, Ms. Harris has been instrumental in spearheading
many community activities intended to foster and nurture a commitment to
our community including the Dale Avenue Mural for which she received
recognition as third place in the Advocate of the Year Award during the
annual meeting of the Virginia Statewide Neighborhood Conference,
WHEREAS, Ms. Harris also continually seeks out opportunities,
great and small, to benefits her neighbors, including inspiring a small
group of her neighbors to help a neighbor in need by coordinating an
effort to restore and maintain the neighbor's property while the neighbor
recovered in the hospital for the benefit of the incapacitated neighbor and
the neighborhood, or collaborating with neighborhood organizations in a
powerful display of teamwork on National Night Out in 2017,
WHEREAS, Ms. Harris enjoys working for good causes and has
high hopes for the world, including that one day instead of discrimination
we learn to celebrate diversity and live to love all who share this planet,
and
WHEREAS, Ms. Harris is determined to make Southeast Roanoke a
better place to live by helping its citizens take pride in their neighborhood.
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke as follows:
1. Council recognizes, commends, and applauds Nicole Lynn
Harris as the 2017 City of Roanoke Citizen of the Year for her many
contributions and services to her neighbors and community to sustain,
enhance, and improve the special quality of life in our City.
1. Council reiterates its commendations first made to Nicole
Lynn Harris by Mayor Sherman P. Lea, Sr., at the Harvesting for Fruits
Dinner held on Friday, November 10, 2017, at the Jefferson Center,
Roanoke, Virginia.
3. The City Clerk is directed to forward an attested copy of this
Resolution to Nicole Lynn Harris.
Sherman P. Lea, Sr.
Mayor
Attest., >
Stephanie M. Mo rr R olds
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Chnreh Avenue, S. W., Room 456
Rml.,01ce, Virginia 24011 -1536
'1 m (540)N53 -1541
fax: (540)853 -1145
P: ,n di: d"W"a'oann keva.F"
('F0,1JA14h1('('0Y
SI'PPIIANIE NI. NIOON I(EYN(n.n5, NINI(
Depnly ('iry ('Ierk
('ily ('Cr6
('1A LLIA'1'. WEBB, CHIC'
Msielonl Depaly ('ily Clerk
November 21, 2017
David L. Crandall
Crandall Providence Building, LLC
366 Elm Avenue, S. W.
Roanoke, Virginia 24016
Dear Mr. Crandall:
1 am enclosing copy of Ordinance No. 41010 - 112017 rezoning certain property located
at 813 Franklin Avenue, S.W., from MX, Mixed Use District, to MXPUD, Mixed Use
Planned Unit Development District, as set forth in the Zoning Amendment Original
Application dated September 21, 2017.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, November 20, 2017; and is in full force and effect
upon its passage.
Sincerely,
.)
Stephanie M. Moon Reynolds, MMC
City Clerk
pc: Trustees of Congregational Holiness Church, 349 Mountain Avenue, S. W.,
Roanoke, Virginia 24016
Richard R. Boyd and Dreama Thompson, P. O. Box 1450, Roanoke, Virginia
24007
Elm Development Corporation, 320 Elm Avenue, S. W., Roanoke, Virginia
24016
Roanoke Business Hub, LLC, 6010 Ponderosa Circle, S. W., Roanoke, Virginia
24018
Debra G. Anglin, 816 Franklin Road, S. W., Roanoke, Virginia 24016
David Crandall
November 21, 2017
Page 2
Pc: Robert S. Cowell, Jr., City Manager
Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
Luke Pugh, City Engineer
Tina Carr, Secretary, City Planning Commission
Susan Lower, Director of Real Estate Valuation
t'o'�
IN "1'I Ili C'OIINC 11, Ol 11I1i ('I IY OI; ROANOKI?, VIR(iINIA
The 20th day of November, 2017.
No. 41010 - 112017.
AN ORDINANCE to rezone certain property located al 813 Franklin Road, S.W.,
[)our MX, Mixed Use District, to MXPUD, Mixed Use Planned Unit Development
District: and dispensing with the second reading of this ordinance by title.
WIIFREAS, Daniel L. Crandall and Justin D. Crandall, on behalf of Crandall
Provid(nncc Building, LLC, hate made application to the Council ofthe City of Roanoke,
Virginia t -City Council "), to have the property located at 813 Franklin Read, S.W.,
hearing Official Fax Map No. 1020727, rezoned from MX, Mixed Use Dishict, to
MXPUD, Mixed Use Planned Unit Development District;
WIIERFAS, the City Planning Commission, after giving proper notice to fill
concerned as required by §362 -540, Code of the City of Roanoke (1979), as amended,
and after conducting a public hearing on the matter, has made its recommendation to City
Council;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on November 20, 2017, 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 rezoning; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to City Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, finds that the public
necessity, convenience, general welfare and good zoning practice, require the rezoning of
the subject property, and for those raisons, is of the opinion thin the hereinafter descrihed
property should he rezoned as herein provided.
I1IHRI;I OR F, I I F I I ORDAINI:D b) 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 ROanOkc, Virginia, dated December 5, 2005, as
amended, be amended to reflect that Official 'fax Map No. 1020727, located at 813
Pranklin Avenue, S.W., be and is hereby rezoned from MX, Mixed Use District, to
MXPUD, Mixed Use Planned Unit Development District, as set forth in the Zoning
Amendnsnt Original Application dated Sg3tcmbci 21, 2017.
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by Lille is hereby dispensed with.
Ali :S
City Clerk.
Remnc eithoul proffers, 813 Franklin doe
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: November 20, 2017
Subject: Application by Daniel L. Crandall and Justin D. Crandall for Crandall
Providence Building, LLC, to rezone property located at 813
Franklin Road, S.W., bearing Official Tax Map No. 1020727, from
MX, Mixed Use District, to MXPUD, Mixed Use Planned Unit
Development District.
Recommendation
The Planning Commission held a public hearing on Monday, November 13, 2017.
By a vote of 7 - 0 the Commission recommended approval of the rezoning
request, finding that the Original Application is consistent with the City's
Comprehensive Plan, Old Southwest Neighborhood Plan, and Zoning Ordinance
as an existing building will be able to be used in a manner appropriate to the
surrounding neighborhood.
Application Information
Request:
Rezoning to Planned Unit Development
Owner.
Crandall Providence Building, LLC
Applicant:
Daniel L. Crandall, Crandall Providence Building, LLC
Justin D. Crandall Crandall Providence Buildinq. LLC
Authorized Agent:
David Crandall, The Law Offices of Daniel L. Crandall &
Associates
City Staff Person:
Katharine
Gray, Land Use and Urban Design Planner
Site Address /Location:
813 Franklin Road, S.W.
Official Tax Nos.:
1020727
Site Area:
Appr oximatel
0.1 388 acres
Existing Zoning:
MX1 Mixed Use District
Proposed Zoning:
MXPUD Mixed Use Planned Unit Development
District
Existing Land Use:
General or Professional Office
Proposed Land Use:
Place of Worship, Meeting Hall, and General or
Professional Office
Neighborhood Plan:
Old Southwest Neighborhood Plan
Specified Future Land
Use:
Office /Residential use
Filing Date.
Original Application: September -21,2017
Background
The building at 813 Franklin was built in 1965 and used as an office for many years.
The building was acquired by Crandall Providence Building in 2014.
In the fall of 2017, the applicant met with staff to discuss the possibility of
rezoning the property to allow for a mixture of uses not allowed in the MX,
Mixed Use District. The applicant then filed an application to rezone the property
to allow for a place of worship, with an accessory meeting hall, and general or
professional office.
Considerations
Community places of worship are an important cornerstone of any community and
are sprinkled throughout the mixed commercial /residential areas of Old
Southwest along and to the east of Franklin Road.
Development Plan
In a planned unit development district, all development must be in substantial
conformance with the development plan, if approved, and other applicable
standards of the zoning ordinance (e.g., landscaping and screening). The
proposed development plan reflects the existing site development with no new
changes. As the property is in the H -2 Historic Overlay District, any change to
the exterior of the building is reviewed by the Architectural Review Board (ARB).
Surrounding Zoning and Land Use:
Compliance with the Zoning Ordinance:
The purposes of the MXPUD District are to encourage the orderly development of
mixed residential /commercial sites and to encourage innovative development
patterns that create a desirable environment, particularly for lots which contain a
number of constraints to conventional development. These regulations are designed
to achieve the following objectives:
Zoning District
Land Use
North
MX, Mixed Use District
Vacant, and Off -site parking
South
MX, Mixed Use District
General or professional office
East
MX, Mixed Use District
General or professional office; and
off -site arkin
West
IN, Institutional District, and
RM -1, Residential Mixed Density
District
Place of worship, Vacant, Two - family
Dwelling, and Multifamily Dwelling
Compliance with the Zoning Ordinance:
The purposes of the MXPUD District are to encourage the orderly development of
mixed residential /commercial sites and to encourage innovative development
patterns that create a desirable environment, particularly for lots which contain a
number of constraints to conventional development. These regulations are designed
to achieve the following objectives:
(1) Promote efficient use of land and infrastructure through high quality urban
design
(2) Promote a development pattern in harmony with existing development and
the objectives of the City's Comprehensive Plan
(3) Permit a compatible mix of commercial and residential uses
(4) Provide safe, efficient access and traffic circulation
(5) Create opportunities to use new technologies in managing the quality and
quantity of stormwater
(6) Encourage the preservation of steep slopes, floodplains, historic structures
and areas, and unique, natural, or geological formations.
In a Planned Unit Development District, many of the dimensional regulations
are defined by the PUD development plan. The proposed development plan
displays the required information through graphics and text.
The proposed development plan shows 7 parking spaces, serving a place of
worship with 80 members. The City's Zoning Ordinance specifies a minimum
of one parking space per four seats in the portion of the building to be used for
services. Based upon the projected membership of the church, the minimum
number of parking spaces required for the church would be 16, with allowable
deductions for proximity to public transit, and the maximum number of parking
spaces would be 30. However, PUD regulations allow for parking regulations to
be specified on the PUD development plan. Therefore, the parking required
will be the 7 spaces shown on the PUD development plan.
Signage is regulated in the PUD district by what is specified on the development
plan or is the same as CG when not specified by the development plan. As
there are no signage standards noted on the development plan, CG regulations
will apply.
The overall property is located within the H -2, Historic Overlay District. As
such, any development of the property must meet the design regulation
standards of that district, including size and location of signage on the
property.
Conformity with the Comprehensive Plan and Neighborhood Plan
Both Vision 2001 -2020 and the Old Southwest Neighborhood Plan recognize the
need for reuse of existing buildings in a manner that respects the neighborhood
as an important part of growth and development within the community.
Relevant Vision 2001 -2020 policies:
Downtown neighborhoods
Downtown neighborhoods are characterized by small lots (approximately 5,000
square feet); two -story houses with porches; consistent building setbacks; and an
interconnected grid of narrow, tree -lined streets and alleys. These neighborhoods
developed adjacent to the downtown between the 1890s and 1920s.
Design principles:
• Houses should have front porches; setbacks for residential
structures should be consistent.
• Recognized historic buildings should be preserved and should be
used to guide new development.
• All streets should have sidewalks and should be lined with trees; on-
street and rear - access parking should be encouraged.
Relevant Old Southwest Neighborhood Plan Policies:
The Old Southwest Neighborhood Plan celebrates the historic architecture,
streets, and public spaces that make up the character of the neighborhood.
However, it also recognizes that the uses of buildings may change over time.
The ARB regulates any change to the exterior character defining features of a
building, whereas zoning regulates the use within the building. There are many
places of worship that have existed within the community for many years and
most are located along Franklin Road and east within the office /residential area
on the future land use map. This particular area along Franklin Road is
proposed to remain an office /residential land use area as well and is therefore
appropriate for the place of worship use. Relevant policies and action items in
the neighborhood plan include:
Community Design Policies and Actions
• Historic Preservation: Old Southwest's character stems from its
historically significant architecture, streetscapes, and public spaces.
The historic character of Old Southwest must be preserved, protected
and enhanced.
• ARB Process: The process of the Architectural Review Board should
emphasize in kind repair and replacement over modification of
character defining features.
• Use the future land use map to evaluate rezoning and special
exception requests. In particular, requests for properties in the village
center should be considered if the design and uses are supported by
the neighborhood.
Public Comment Summary
None
Planning Commission Work Session (October 06 201 Z
The Planning Commission discussed the parking required for places of worship
within Old Southwest and determined that the on- street parking near the
property along with the on -site parking provided sufficient parking.
Conclusions and Recommendations
The development plan proposes to reuse the existing building for a new
mixture of uses that are not allowed in the current zoning district, but would be
allowed in the MXPUD district. The property is in a historic district, and any
changes to the exterior of the building will be reviewed under the historic
district regulations. The future land use for the area is office /residential and is
appropriate for the place of worship, meeting hall, and office uses within the
community.
Planning Commission Public Hearing (November 13. 2017):
No public comment.
b(z� NCt EZ/
Kermit Hale, Chair
City Planning Commission
Attachments
c: Robert S. Cowell, Jr., 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
Daniel L. Crandall, Crandall Providence Building, LLC
Justin D. Crandall, Crandall Providence Building, LLC
David Crandall, The Law Offices of Daniel L. Crandall & Associates
Zoning Amendment
ApplicatiORCEIVED
Department of Planning, Building and Development
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Phone: (540) 853 -1730 Fax: (540) 853 -1230
Date Fq 17- 111'7
Reguest leelect eli that apply-
SEP 2 2 2017
CITY OF ROANOKE
PLANNING BUILDING 8
DEVELOPMENT
f r
Click Hereto Print
Submittal Number. �r I Gcr 10 PJ
❑ Rezoning, Not Otherwise Listed ❑ Amendment of Proffered Conditions
❑ Rezoning, Conditional ❑ Amendment of Planned Unit Development Plan
❑x Rezoning to Planned Unit Development ❑ Amendment of Comprehensive Sign Overlay District
❑ Establishment of Comprehensive Sign Overlay District
Property Information:
Address: 813 Franklin Rd., S.W., Roanoke, VA 24016
Official Tax No($) : 1020727
With Conditions
Existing Base Zoning: MI X
(If multiple zones, please manually enter all districts.) ❑x Without Conditions
Ordinance No(s). for Existing Conditions (If applicable)'.
--! ❑ With Conditions Proposed Pln <-e- U f WO-S I Afez1"
Requested Zoning: MXPUD, Mixed Use Planned U ❑ Without Conditions Land Use'.
Property Owner Information:
Name: Crandall Providence Building, LLC Phone Number: +t (sa0) 34z -x000
Address: 366 Elm Ave., S.W., Roanoke, VA E -Mail: dlcrandall @crandalllaw.com
Property Ovmets Signature:
Apell .ant Information Ilf different from owned:
Name: ' I Phone Number: 54o) _37a 2-o0d
Address NOVA a401(0 '... E- Mail.
Applicant's Signature:
q thorized Agent Inforldli (if applicable):
Name: David Crandall Phone Number. +i (540) 34z -2000
Address: 366 Elm Ave., .W., Roanoke, VQ 24016 E -Mail: dJ<randall@crandalllaw.com
Authorized Age Signature
Zoning Amendment
Application Checklist
The following must be submitted for all applications:
rx Completed application form and checklist.
r Written narrative explaining the reason for the request.
-- Metes and bounds description, if applicable.
r Filing fee.
For a rezoning not otherwise listed, the following must also be submitted:
F- Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures.
For a condhional rezoning, the following must also be submitted:
F- Written proffers. See the City's Guide to Proffered Conditions.
Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures. Please label as
r 'development plan' if proffered.
For a planned unit development, the following must also be submitted:
Ix Development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance.
For a comprehensive sign overlay district, the following must be submitted:
F- Comprehensive signage plan meeting the requirements of Section 36.2- 336(d)(2) of the City's Zoning Ordinance.
For an amendment of proffered conditions, the following must also be submitted:
Amended development or concept plan meeting the Application Requirements of iteml c)' in Zoning Amendment Procedures,
F-
if applicable.
r Written proffers to be amended. See the City's Guide to Proffered Conditions.
F- Copy of previously adopted Ordinance.
For a planned unit development amendment, the following must also be submitted:
r- Amended development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance.
F- Copy of previously adopted Ordinance,
For a comprehensive sign overlay amendment, the following must also be submitted:
F- Amended comprehensive signage plan meeting the requirements of Section 36.2- 336(d) of the City's Zoning Ordinance.
F- Copy of previously adopted Ordinance.
For a proposal that requires a traffic impact study be submitted to the City, the following must also be submitted:
F- A Traffic Impact Study in compliance with Appendix B-2(e) of the Citys Zoning Ordinance.
For a proposal that requires a traffic impact analysis be submitted to VDOT, the following must also be submitted:
F- Cover sheet.
F- Traffic impact analysis.
F- Concept plan.
F- Proffered conditions, if applicable.
r Required fee.
'An electronic copy of this application and checklist can be found at www.roanokeva.gov /pbd by selecting 'Planning Commission' under
'Boards and Commissions'. A complete packet must be submitted each time an application is amended, unless otherwise specified by
staff,
Addendum to Zoning Amendment Application
Property Information: 813 Franklin Rd., S.W., Roanoke, VA 24016
Official Tax No.: 1020727
APPLICANT'S WRITTEN NARRATIVE
The applicant, Crandall Providence Building, seeks to initially use the premises
for a house of worship and subsequently to house offices for the Crandall & Kart law
firm. The owner of the premises has agreed to allow Grace Fellowship, a local church, to
use the premises rent free until the church is financially able to construct and purchase its
own building. It is anticipated that when the congregation has an average weekly
attendance of 80 persons that at that time the church will relocate. The owner of the
premises and the church intend to allow a few charitable, non- profit groups to use the
premises during the week. Two such groups are a local Pitipino- American association
and an association known as "Restorative Crafts ", which has as its mission the
rehabilitation of persons suffering from a brain injury or other impairments.
The applicant has heretofore submitted an Application for Certificate of
Appropriateness with the Architectural Review Board. The applicant does not intend at
this time or at any time in the near future to request additional exterior alterations.
When the aforesaid church relocates, Daniel I. Crandall, the "owner" of Crandall
Providence Building seeks to use the premises to house additional law offices for
Crandall & Katt, the law firm located in close proximity to 813 Franklin Rd.
uW OFFICES OF Numerous houses of worship are located in close proximity to the subject
::imMn LL & KATT
3M ELM AVENUE, S W
03ANOKE. VY.GTNIA C 16 property. A house of worship is located on the parcel of real estate adjacent to the subject
property. The First Baptist Church is located a few hundred yards north of the subject
property on the same street and a Synagogue and Episcopal church are located a few
hundred yards south of the subject property on the same street. There are various other
churches off Franklin Road., S.W. in the same vicinity and district.
The proposed amendment will have little to no effect on the surrounding
neighborhood. Large churches are located in close proximity to the proposed church.
The amount of additional traffic would be minimal as the premises are unable to facilitate
more than about eighty persons. In addition thereto, the church congregation will meet
regularly on Sunday mornings, not during normal business hours.
2
Dated this 2g 1 _day of August, 2017.
i
el L. Cran ll
Justin C ndall
LAW OFFICES OF
CRANDA K. KATT
3M FLM AVENUE S W
i0ANOKE VINGINIA1J01fi
PARKING LOT LICENSE AGREEMENT
(Roanoke City Tax Map #: 1020713)
THIS PARKING LOT LICENSE AGREEMENT (this "agreement ") is made as of
September 20, 2017, by and between Crandall Providence Building, LLC, a Virginia
Corporation ( "Grantor ") and Grace Fellowship of Roanoke, Inc., a Virginia Corporation
( "Grantee ").
RECITALS
WHEREAS, Grace Fellowship's premises are located near parking areas owned by the
Grantor and Grace Fellowship requires additional parking for its parishioners;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Parties hereby covenant and agree as follows:
1. License.
Grantor hereby grants to Grantee the non - exclusive, unreserved, use of the following
described parcel for off street parking only:
Part of Lot 10, Section (Block) 14, Lewis Addition, Roanoke City Tax Map
#1020713, being known and designated as Parcel Two as shown on deed dated June 2,
2014 from the Estate of Lany H. Moore to Crandall Providence Building, LLC, of record
in the Roanoke City Circuit Court Clerk's Office, Instrument #14000b384, and known as
340 Elm Ave., S.W., Roanoke, VA.
2. Non- Assienment
This Agreement and all rights and obligations arising hereunder are personal to Grace
Fellowship and may not be transferred or assigned by Grace Fellowship at any time.
3. Term.
The License Period shall commence on the Ist day of October, 2017 and shall continue
until such time as the aforesaid parcel is sold or transferred, or until Grace Fellowship no-
longer occupies the premises located at 813 Franklin Rd., S.W., Roanoke, VA 24016,
whichever event occurs earlier.
LAW 0MCFS OF
�R DALL & KArT 4. Rent-
INS ELM AVE GE, SW
oAHOKE. VIRGINIA , «'16 Grantee shall pay Grantor annual rent in the amount of $500 per year which shall be due
effective October 1 ", 2017 (the "Payment Date ") and thereafter on each subsequent
anniversary of the Payment Date.
5. Alterations.
Grantee shall not make any alterations to the parking areas without the written consent of
Grantor.
IN WITNESS WHEEOF, the parties have duly executed this License Agreement as of
the date first above written.
GRANTOR:
Crandall Providence Building,
A Virginia c4poration
By: )r=dall, aniel L. Owner
By: � �✓ d `� % --
J n Cranda wn7� er
GRANTEE:
Grace Fellowship of Roanoke, Inc.,
A Virginia corporation
By:
President
Attest:
uw orr M or
:R NDALL & KAr
3M ELM AVENUE 5 W
OANOKE, VINGINP 2016
g'l . a C, JAA
Secretary
PARKING LOT LICENSE AGREEMENT
(Roanoke City Tax Map #: 1020705- 1020708)
THIS PARKING LOT LICENSE AGREEMENT (this "agreement ") is made as of
September 20, 2017, by and between Daniel L. Crandall ( "Grantor ") and Grace
Fellowship of Roanoke, Inc., a Virginia Corporation ( "Grantee ").
RECITALS
WHEREAS, Grace Fellowship's premises are located new parking areas owned by the
Grantor and Grace Fellowship requires additional parking for its parishioners;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Parties hereby covenant and agree as follows:
1. License.
Grantor hereby grants to Grantee the non - exclusive, unreserved, use of the following
described parcel for off street parking only:
Those four contiguous parcels which are currently used as a west side parking
area for the office building located at 366 Elm Ave., S.W., Roanoke, VA, and which are
assigned Roanoke City Tax Map Numbers 1020705, 1020706, 1020707, and 1020708.
2. Non - Transferable.
This Agreement and all rights and obligations arising hereunder are personal to Grace
Fellowship and may not he transferred or assigned by Grace Fellowship at any time.
3. Term.
The License Period shall commence on the tst day of October, 2017 and shall continue
until such time as the aforesaid parcels are sold or transferred, or until Grace Fellowship
no- longer occupies the premises located at 813 Franklin Rd.. S.W., Roanoke, VA 24016,
whichever event occurs earlier.
4. Rent.
Grantee shall pay Grantor annual rent in the amount of $500 per yew which shall be due
a Du L & KArr effective October 1", 2017 (the "Payment Date ") and thereafter on each subsequent
V6 ELM AVENUE, s w anniversary of the Payment Date.
)ANON£, VIPGINIA 10016
5. Alterations.
Grantee shall not make any alterations to the puking areas without the written consent of
Grantor.
IN WITNESS WHEEOF, the parties have duly executed this License Agreement as of
the date first above written.
By/=1
affdlI
Grace Fellowship of Roanoke, Inc.,
A Virginia corporation
By:
President
Attest:
Secretary
uwOMC.OE
:RAN L & KATT
3M ELM AVENUE, S W
)ANON£, VIRGINIA 2416
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Adjoining Property Owners for 813 Franklin Road, S.W. (Official Tax Map No. 1020727)
Mailcit y
ROANOKE
ROANOKE
ROANOKE
ROANOKE
ROANOKE
ROANOKE
ROANOKE
ROANOKE
ROANOKE
ROANOKE
ROANOKE
ROANOKE
State
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
Zip
24016
24016
24016
24016
24007
24016
24016
24007
24007
24016
24018
24016
LocalAddress
0 ELM AV SW
340 ELM AVE SW
0 ELM AV SW
336 ELM AVESW
801 FRANKLIN RD SW
349 MOUNTAIN AVESW
813 FRANKLIN RD SW
0 FRANKLIN RD SW
0 MOUNTAIN AV SW
320 ELM AVESW
810 FRANKLIN RD SW
816 FRANKLIN RD SW
LocalCity
ROANOKE
ROANOKE
ROANOKE
ROANOKE
ROANOKE
ROANOKE
ROANOKE
ROANOKE
ROANOKE
ROANOKE
ROANOKE
ROANOKE
Zip
24016
24016
24016
24016
24016
24016
24016
24016
Ownerl
CRANDALL DANIEL L & TERESA L
CRANDALL PROVIDENCE BUILDING LLC
CRANDALL DANIEL L
CRANDALL DANIEL L
CITY OF ROANOKE A VIRGINIA MU I
CHUR C
TRS CONGREGATIONAL HOLINESS HUR
CRANDALL PROVIDENCE BUILDING LLC
BOYD RICHARD R & DREAMA THOMPSOK
BOYD RICHARD R &DREAMA THOMPSO�
ELM DEVELOPMENT CORP
ROANOKE BUSINESS HUB LLC
ANGLIN DEBRAG
TAXID MailAddress
1020712 366 ELM AVE SW
1020713 366 ELM AVE SW
1020714 366 ELM AVE SW
1020715 366 ELM AVE SW
1020716 PO BOX 1451
1020726 349 MOUNTAIN AVE SW
1020727 366 ELM AVESW
1020728 PO BOX 1450
1020730 PO BOX 1450
1020801 320 ELM AVESW
1020805 6010 PONDEROSA CIR
,mneno vie FRANKI IN RD SW
ZONING DISTRICT MAP
813 Franklin Road SW
Official Tax Parcel: 1020727
C3Area to be Rezoned GEIS
N
Zoning
0
AD'. Airyort Dev _
_ CG. Commercial - General
- CLS: Commercial -Large Site
CN'. Commercial- Neighborhood ,•r r
- D. Downtown
- 1 -1: Light lndustrial
- 1 -2'. Heavy Industrial
-
IN Institutional
INPUD: Institutional Planned Unit Dev
- IPUD: Industrial Planned Unit Dev
MX: mixed Use
O MXPUD Mixed Use Planned Unit Dev
R -12'. Res Single - Family
R3. Res Single -Family
R -5 Res Single - Famiy
R -7: Res Single -Family
RA: Res-Agricultural
RM -1'. Res Mixed Density
RM -2: Res Mixed Density
RMF: Res Multifamily
- ROS'. Recreation and Open Space
- UF. Urban Flex
Conditional Zoning
x
w e
0 100 200 Feet
—�� S
CITY OF ROANOKE - PDV
Atto Tina Carr
STEPHANIE MOON, CITY CLERK
215 CHURCH AVE, SW, SUITE 456
ROANOKE, VA 24011
Date Category
11113)2017 Legal Notices
PUBLIC HEARING NOTICE
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Stephanie M. Moon Reynolds, MMC,
City Clerk
<iii
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
Description
Ad Size
PUBLIC HEARING NOTICE Any public hearings advertised h 1 x 77 L
Publisher of the
Roanoke Times
Account Number
6011439
Date
November 07, 2017
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 A was published in said newspapers on the
following dates:
10)31, 1110 712 01 7
The First insertion being given ... 10)3112017
Newspaper reference: 0000639222
Billing Representative
Sworn to and subscribed before me this Tuesday, November 7, 2017
Total Cost
772.24
� uu1, 11
Not ry ublic ..........
Nti
Pfsf
State of Virginia P 4
City/County of Roanoke 7� RfG ,?gC . 01
My Commission expires _ o ; �Gdte,Sso"4
3 P I,y r yt
O
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
PUBLIC HEARING NOTICE
PUBLIC HEARING NO'flC'P.
Any 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.
Any applications will be available for review in the Planning, Building, & Development office,
first floor, Room 166, 215 Church Avenue, S.W., Roanoke, Virginia.
The City of Roanoke Planning Commission will hold public hearings on November 13, 2017,
at 1:30 p.m., or as soon as the matters may be heard, to consider these applications:
Application by Daniel L. Crandall and Justin D. Crandall For Crandall Providence Building to
rezone property located at 813 Franklin Road, S.W., bearing Official Tax Map No. 1020727,
from MX, Mixed Use District, to MXPUD, Mixed Use Planned Unit Development District. The
land use classes permitted in MXPUD District include residential; accommodations and group
living; commercial; warehousing and distribution; assembly and entertainment; public,
institutional and community; transportation; utility; agricultural; and accessory, with a maximum
density of one dwelling unit per 1,800 square feet of lot area and no maximum floor area ratio.
The comprehensive plan designates the property for office /residential use, but does not specify
density. The proposed use of the property is place of worship, meeting hall, and general or
professional office.
Application by Greater Roanoke Transit Company to vacate an alley between and parallel to
11th Street, S.E., and 12th Street, S.E., approximately 10 feet in width and extending
perpendicular from the southern edge of Campbell Avenue, S.E., approximately 175 feet to the
northern edge of Kirk Avenue, S.E.
Tina M. Carr, Secretary, City Planning Commission
City Council will hold public hearings on the aforesaid applications on November 20, 2017, at
7:00 p.m., or as soon as the matters may be heard.
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 hearings.
Stephanie M. Moon Reynolds, MMC, City Clerk
Please publish in newspaper on Tuesday, October 31, 2017, and Tuesday, November 7, 2017.
Please bill and send affidavit of publication to:
Tina M. Carr
Secretary to the Planning Commission
Planning, Building & Development
City of Roanoke
Noel C. Taylor Municipal Building
215 Church Avenue, SW, Room 166
Roanoke, VA 24011
540/853 -1730
tina.can -ag anokeva.frov
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
David L. Crandall
Crandall Providence Building, LLC
366 Elm Avenue, S. W.
Roanoke, Virginia 24016
Dear Mr. Crandall:
A public hearing has been advertised to be heard by the City Planning Commission
on Monday, November 13, 2017 at 1:30 p.m., in the Council Chamber, Fourth Floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of
Crandall Providence Building, LLC to rezone property located at 813 Franklin Road,
S.W., bearing Official Tax Map No. 1020727, from MX, Mixed Use District, to MXPUD,
Mixed Use Planned Unit Development District. (See copy of the Public Hearing Notice
attached.)
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, November 20, 2017 at 7:00 p.m. before the Roanoke City Council in the
Council Chamber, pending formal action by the City Planning Commission, which may
be viewed on the City's webpage, www roanokeva.gov, under "Roanoke Planning
Commission News ", following its meeting on November 13.
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.
Sincere
Stephanie M. Moon Reyno
City Clerk
Enclosure
04.1
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Chorc6 Avenue, S. W., Room 456
_
Roanoke,Vieginia 24011 -1536
TelepLane: (540)853 -2541
Fax: (540) 853-1145
E -mall clerk(n:roanokevn.8ov
C'ECF.6IAF.M('COV
STEPHANIE M. MOON REVNOLDF, MMC
Depuly Cll,v Clerk
City Out,
CECF.LIAT. WEBB,CMC
Assislant Deputy City Clerk
November 2, 2017
David L. Crandall
Crandall Providence Building, LLC
366 Elm Avenue, S. W.
Roanoke, Virginia 24016
Dear Mr. Crandall:
A public hearing has been advertised to be heard by the City Planning Commission
on Monday, November 13, 2017 at 1:30 p.m., in the Council Chamber, Fourth Floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of
Crandall Providence Building, LLC to rezone property located at 813 Franklin Road,
S.W., bearing Official Tax Map No. 1020727, from MX, Mixed Use District, to MXPUD,
Mixed Use Planned Unit Development District. (See copy of the Public Hearing Notice
attached.)
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, November 20, 2017 at 7:00 p.m. before the Roanoke City Council in the
Council Chamber, pending formal action by the City Planning Commission, which may
be viewed on the City's webpage, www roanokeva.gov, under "Roanoke Planning
Commission News ", following its meeting on November 13.
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.
Sincere
Stephanie M. Moon Reyno
City Clerk
Enclosure
1W
STEPHANIE M. MOON REYNOLDS, MMC'
City Clark
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Tel,h..n ; (540) 89 2541
Fax: (540)853 -1145
E -moil: dcrk(tiironnokevn.FOv
November 2, 2017
CECELIA F. MCCOY
Dopuly City Clerk
CECELIA T. W EBB, CMC
Assistant Deputy City Clerk
Trustees of Congregational Holiness Elm Development Corporation
Church Roanoke Business Hub, LLC
Richard R. Boyd and Dreama Thompson Debra G. Anglin
Ladies and Gentlemen:
A public hearing has been advertised to be heard by the City Planning Commission
on Monday, November 13, 2017 at 1:30 p.m., in the Council Chamber, Fourth Floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of
Crandall Providence Building, LLC to rezone property located at 813 Franklin Road,
S.W., bearing Official Tax Map No. 1020727, from MX, Mixed Use District, to MXPUD,
Mixed Use Planned Unit Development District. (See copy of the Public Hearing Notice
attached.)
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, November 20, 2017 at 7:00 p.m. before the Roanoke City Council in the
Council Chamber, pending formal action by the City Planning Commission, which may
be viewed on the City's webpage, www.roanokeva.gov, under "Roanoke Planning
Commission News ", following its meeting on November 13.
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 Reyno s, MM
City Clerk
Enclosure
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Chnrch Avennc, S. W., Room 456
Roanoke, Virginia 24011 -1536
"1 t,k,1uuu•: (540)X53 -2541
F—; (540) 853 -1145
1 :- ,n1,iL clerk(,,-1nokevn.1—
November 21, 2017
Carl L. Palmer, General Manager
Valley Metro
P. O. Box 13247
Roanoke, Virginia 24032
Dear Mr. Palmer:
('R(EIAA IS M(('O1'
IlepnV ('it) Clerk
('IS(ELIA'1'. WE6n, CM('
As'.eixt —, Uepatl ('ity Clerk
I am enclosing copy of Ordinance No. 41011 - 112017 vacating, discontinuing and
closing an alley between and parallel to 11th Street, S. E., and 12th Street, S. E.,
approximately 10 feet in width and extending perpendicular from the southern edge of
Campbell Avenue, S. E., approximately 175 feet to the northern edge of Kirk Avenue,
S. E.,
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, November 20, 2017; and is in full force and effect
upon its passage.
Sincerely, Y)- • • YV�
tow. .✓
Stephanie M. Moon Reynolds, MMC
City Clerk
PC: D & H Investments, LLC, 1108 Campbell Avenue, S. E., Roanoke, Virginia
24032
Todd A. Goodrich, 203 121h Street, S
Downtown Car Company, LLC, 1201
Virginia 24013
E., Roanoke, Virginia 24013
Campbell Avenue, S. E., Roanoke,
Carl L. Palmer
November 21, 2017
Page 2
Pc: The Honorable Brenda Hamilton, Clerk of Circuit Court
Robert S. Cowell, Jr., City Manager
Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
Luke Pugh, City Engineer
Tina Carr, Secretary, City Planning Commission
Susan Lower, Director of Real Estate Valuation
I'UISLIC R1(111'I' Of ' WAY LO( AITI) A )JA('IiN'1 "f0
)I ICIA1.'I'AX MAI' NOS.,1 1 10002, 41106(15, 411116(16,
4110607 ,41106(18, - 1110(,09,4110610,.@ ,1110611
I'It01TNIY OWNPR'. C'1'1Y O1 1(OANOKk
IN'I'I Ili COUNCIL OP "I'HE CITY OF ROANOKF, VIRGINIA
'nc� 20th day o£ November, 2017.
No. 41011 - 112017.
AN ORDINANCE permanently vacating. discontinuing and closing a public right -of -way
in the City of Roanoke behecen and parallel to I Ith Street, S.F., and 12 °i Street, S.E., and
perpcndicular to, and between, Campbell Avenue, S.F., and Kirk Avenue, S.E., as more
particularly described hereinafter; and dispensing with the second reading of this mdinance by
title.
WHEREAS, Carl L. Palmer, General Manager, on behalf of the Greater Roanoke Transit
Company, filed 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 a certain public right -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 November
20, 2017, 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 right -of -way have been properly notified; and
W111'.12
I'AS, from all
of the I'mcgoing,
City Clltlllcll considers
that no incoll veil icllce will
result to any
individual or
to the public from
pernlanently vacating,
discontinuing mid closing
such public
right -of -way.
T11FRITORE,
BE I
OlZDAINFT) by
the Council o1'thc City
of Roanoke, Virginia, that
the public right
-oGway situate
in the City of Roanoke,
Virginia, and
more particularly described
as Ibllows:
an alley between and parallel to I I lh Street, S.H., and 12th Street, S.R., approximately 10
feet in width and extending perpendiculm from the southern edge of Campbell Avenue,
S.I?., approximately 175 feet to the northern edge of Kirk Avenue, S.I?-
be, and is hcieby permanently vacated, discontinued and closed, and that all right and interest of
the public in and to the salve be, and hereby is, released insofar as City Council is empowered so
to do with respect to the closed portion of the right -of -way, reserving however, to the City of
Roanoke and any utility company or public authority, including, specifically, without limitation,
providers to or for the public of cable television, electricity, natural gas, telephone service, or
stormwater, an easement for sanitary sewer and water mains, television cable, electric wires, gas
lines, telephone lines, stormwater facilities, and related facilities that may now be located in or
across such public right -of -way, together with the right of ingress and egress for the maintenance
or replacement of such lines, maids or utilities, such right to include the right to remove, without
the payment of compensation or damages of any kind to the owner, ally 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
easements to terminate upon the later abandonment of use or permanent removal fi am the above -
described public right -of -way of any such municipal installation or other utility or facility by the
owner thereof.
131f ff WN I MIN ORDAINH) Ihat the apPheent shall submit to the Subdivision Agent,
receive all required approvals el; and record with the Clerk of the Circuit Court for the City of
Roanoke, a subdivision plat. with such plat combining all properties which would otherwise
dispose of the fund within the right -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 ofany and all existing utilities that may be located within the
right- of -wtty.
13F I'F Ft1R71IFR ORDAINED that the applicant shall, upon meeting all other conditions
to the granting of the application, deliver to the Clark of the Circuit Court of the City of
Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in
such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor,
and in the none of the applicant, and the names of any other panes in interest who may so
request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such
recordation.
BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this
ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia,
where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of
Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred.
BE IT FURTHER ORDAINED that if the above conditions have not been met 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.
3
BE 1'I FINALLY ORDAINI:D that pursuant to the provisions 01'02 of the City Chartcr,
the second reading of this ordinance by tills is herchy dispensed wi(h.
AT ITS F
City Clerk.
41 CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: November 20, 2017
subject: Application from the Greater Roanoke Transit Company to vacate
an alley between and parallel to 11th Street, S.E., and 12th Street,
S.E., approximately 10 feet in width and extending perpendicular
from the southern edge of Campbell Avenue, S.E., approximately
175 feet to the northern edge of Kirk Avenue, S.E.
Recommendation
The Planning Commission held a public hearing on Monday, November 13, 2017.
By a vote of 7 - 0 the Commission recommended approval of the request for
vacation of the right -of -way, finding that the Original Application is consistent
with the City's Comprehensive Plan and the Belmont - Fallon Neighborhood Plan
subject to the following conditions:
The Greater Roanoke Transit Company 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.
Upon meeting all conditions to the granting of the application, the Greater
Roanoke Transit Company 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 Greater Roanoke Transit Company shall pay such fees
and charges as are required by the Clerk to effect such recordation.
Upon recording a certified copy of this ordinance with the Clerk of the Circuit
Court of the City of Roanoke, Virginia, the Greater Roanoke Transit Company
shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt,
demonstrating that such recordation has occurred.
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.
Request:
Alley Vacation
Owner:
Greater Roanoke Transit Company
A licant: I
Greater Roanoke Transit Com an
Cit Sta Person:
Wa ne Leftwich
Official Tax Nos. of surrounding
ro erties
4110602,4110605,4110 6, 41 10607,
4110608 4110609 4110610 and 4110611
Site Area:
1 750 s uare feet
Existin Zonin
1 -1 :Li ht Industrial
Existin Land Use:
Residential and Vacant
Pro osed Land Use:
Residential and Light Industrial
Neighborhood Plan:
Belmont - Fallon Neighborhood Plan
S eci ied Future Land Use'
I Industrial
rFiling Date:
September 19, 2017
Background
The Greater Roanoke Transit Company seeks to vacate an alley between and
parallel to 11th Street, S.E., and 12th Street, S.E., approximately 10 feet in width
and extending perpendicular from the southern edge of Campbell Avenue, S.E.,
approximately 175 feet to the northern edge of Kirk Avenue, S.E.
Considerations
There are eight adjacent properties to the proposed vacated right of way. The
Greater Roanoke Transit Company, who is the applicant and owner of Official
Tax Map Nos. 4110602, 41 10605, 411 0608, 41 10609, 4110610, and
4110611, has gained consent from Todd Goodrich, the current property owner
of Official Tax Map Nos. 4110606 and 4110607, to proceed with the
application for an alley vacation.
The proposed use of the vacated alley is a bus maintenance facility and an
associated administrative facility. The Greater Roanoke Transit Company will
combine their lots in the block between 11th Street, 12th Street, Campbell
Avenue, and Kirk Avenue with the approximate 10 foot wide alley into one lot
upon which the facilities are proposed. An approximately 55 foot long portion
of the 10 foot wide alley will be longitudinally halved and become the property
of owner(s) of the properties at Official Tax Map Nos. 4110606 and 41 10607.
Jul luullulll Lvu a wow
Zoning District
Land Use
North
1 1 -1:Light Industrial
Li ht Industrial
South
I-1:Light Industrial
Vacant
East
West
I -1 :Li ht Industrial
1 -1 :1-i ht Industrial
Residential Li ht Industrial
Commercial, Li ht Industrial
Conformity with the Comprehensive Plan and Neighborhood Plans:
The City's Comprehensive Plan states that Roanoke will have a sustainable,
diverse economic base and supports revitalization of underutilized commercial
and industrial sites. The proposed alley vacation will help this mostly vacant
block be developed as a Light Industrial use.
The Belmont - Fallon Neighborhood Plan encourages development of the
industrial district along Campbell Avenue to provide employment opportunities
within the neighborhood. This area should generally have small -scale light
industrial uses. Where industrial uses abut commercial and residential uses,
careful building design and site layout should be used to reduce conflicts
between adjoining uses. This alley vacation will help the property be developed
as a Light Industrial use. As the building is designed, care should be given to
design and layout elements that can help reduce conflict with the neighboring
residential properties.
Public Utilities:
Cox Cable has no objection to the alley closure
Western Virginia Water Authority approved.
No comments were received from Roanoke Gas and Appalachian Power
Company.
City Department Comments:
The Economic Development Department supports the request of Greater
Roanoke Transit Company to vacate this alley.
Engineering, Building, Environmental, Development, Zoning, Stormwater, and
Fire all support the vacation request.
Planning Commission Work Session:
No Comments
Public Comments:
Staff has received no public comments.
Planning Commission Public Hearing:
No public comments. Motion amended with conditions and approved
unanimously.
Conclusion
The Application is consistent with the City's Comprehensive Plan and the
Belmont - Fallon Neighborhood Plan.
�4A,,d Na&.1
Kermit Hale, Chair
City Planning Commission
Attachments
R. Brian Townsend, Acting City Manager
Chris Chittum, Director of Planning Building & Development
Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
Carl Palmer, General Manager, Greater Roanoke Transit Company
RECEIVED ?CS/r7 -6603
SEP 22 2017
TY OF PLANNING BOLOINGBAppLICATION
DEVELOPMENT
STREET OR ALLEY VACATION
ROANOKE
Date: 3,P Q 19 mo
To Office of the City Clerk ■ Original Application
Fourth Floor, Noel C. Taylor Municipal Building o Amended Application
215 Church Avenue, S.W. pp' tion
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 filing fee.
Application is hereby submitted for street or alley vacation for the property located at:
Location and description of street or alley to be closed. r ^e ^ ^=nhw h ^ ^sapp�hrh�va�al� ^ ^es p:.,�I=ng ^laray
vp mlx .paoiano II I h S11 SE oIahsees amaame ^aww a Ia Pp lAVM sE a m X ax AVanua se
T9 11.p 10 SPY vocal a J nn4 A—u SE, gnwl -wav ^ ^ =pco.ma ery v_.e amne hear ngry zl aeg 0<'g8'Wlo lne aVdhpm
e. e
.dg. ICVpLel.4vov 5 +e: fle a. nea— map ana pa loan elate
Proposed use of vacated street or alley
S. ^Ava-
aA • 1. n, 11 , a = =a lrcr
e =i no
.a
I'll =.e ry 'mc, hr aunt
Name of Applicant/Contact Person:
Mailing Address -
Telephone: ( ) - "' Fax ( ) -" E -mail
Applicant(s) signature(s) r
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TRANSIT COMPANY
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- -- — LOT ILA (3,150 S.F.) &
LOT 12A (3.420 S.F.)
TODD PA `GOODRICH
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ROAOA COKE CITI. VIFGt. \fA
Alley Vacation Agreement
Between
Greater Roanoke Transit Company
And
Todd Goodrich
r -1
Adjoining Property Owners for Campbell -Kirk Avenue, S.E. Alley Vacation (official Tax Map Nos. 4110606 & 4130607)
TAXID
4110301
4110404
4110602
4110606
MailAddress
PO BOX 13247
PO BOX 649
PO BOX 13247
PO BOX 4111
MailCity
ROANOKE
VINTON
ROANOKE
ROANOKE
State
VA
VA
VA
VA
MailZip
24032
24179
24032
24015
LocalAddress
1108 CAMPBELL AVE SE
012TH ST SE
1109 CAMPBELL AVE SE
203 12TH ST SE
LocalCity
ROANOKE
ROANOKE
ROANOKE
ROANOKE
LocalZip
24013
24013
Ownerl
GREATER ROANOKE TRANSIT COMPANY
D & H INVESTMENTS LLC
GREATER ROANOKE TRANSIT COMPANY
GOODRICH TODD A
4110607
4110608
4110713
PO BOX 4111
PO BOX 13247
2875 SUMMIT RIDGE RD
ROANOKE
ROANOKE
ROANOKE
VA
VA
VA
24015
24032
24012
20512TH ST SE
012TH ST SE
1201 CAMPBELL AVE SE
ROANOKE
ROANOKE
ROANOKE
24013
24013
GOODRICH TODD
GREATER ROANOKE TRANSIT COMPANY
DOWNTOWN CAR COMPANY LLC
Campbell Kirk Alley Vacation
September 26, 2017 1:1,066
0 0.0075 0.015 0.09 N
0 0.0125 0.025 0.05 km
Gry d ftmM , Mtl mky InWnamA
CITY OF ROANOKE - PDV
Attn Tina Can
STEPHANIE MOON, CITY CLERK
215 CHURCH AVE, SW, SUITE 456
ROANOKE, VA 24011
Date Category
11/1312017 Legel Notices
PUBLIC HEARING NOTICE
public M1 Ings aertisetl M1 ^
will be held ' In the C1<Y ^nl
CM1a Tber^, o M1 copal N6uIIE n9oN
M1Y applscatlons n.viii. es
"iaele fo ewer, m me aura Mope
aondmq, a�oevelbp,acn ^bnln�
furor. oaa, tea. us re en„a.
5 W.. Roanoke, Vbginla.
The city of Roemke Vlennrnp
rrreoh-r to- h hold publlc Tel ln9ts
on tM1,,, ttelr. to., e hear ,
to croslder these appllcaboas.
ah., i aiib s EiW
`ago E.:«o imam:
mein de
a<a Plsnnhe ... ission
City c co wll hold vedno n
°ao,ts.1a ac'""
zoos as M2o. atters Me beedes, o. a:
nnyy per:oa wlm a maabintY o °ne e
an sp<eeial eeeo ma.dmHOn <
or do laeaac la me heerlotl should
ell 1tY Clerk' sm— at "'is'
alM1e591 a least f v r To
dpled bead nes.e
aura m. mooa aevnpmz, Lame.
c` y aerk
teaszzn
The Roanoke Times Account Number
Roanoke, Virginia 6011639
Affidavit of Publication
gate
November 07, 2017
Description
Ad Size Total Cost
PUBLIC HEARING NOTICE Any public he isetl arings advetl Y 1 x ]] L 772,24
—
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 A Was published in said newspapers on the
following dates:
10/31,11/07/2017
The First insertion being given ... 10131/2017
Newspaper reference: 0000639222
Billing Representative
Sworn to and subscribed before me this Tuesday, November 7, 2017
City/County of Roanoke
My Commission expires
hb7F CY '
* : PfGC /
C
� A7YC0/dA]32964 ,
PA SIOp
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
puln
PUBLIC HEARING NOTICE
PUBLIC HEARING NOTICE
Any 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.
Any applications will be available for review in the Planning, Building, & Development office,
first floor, Room 166, 215 Church Avenue, S.W., Roanoke, Virginia.
The City of Roanoke Planning Commission will hold public hearings on November 13, 2017,
at 1:30 p.m., or as soon as the matters maybe heard, to consider these applications:
Application by Daniel L. Crandall and Justin D. Crandall for Crandall Providence Building to
rezone property located at 813 Franklin Road, S.W., bearing Official Tax Map No. 1020727,
from MX, Mixed Use District, to MXPUD, Mixed Use Planned Unit Development District. The
land use classes permitted in MXPUD District include residential; accommodations and group
living; commercial; warehousing and distribution; assembly and entertainment; public,
institutional and community; transportation; utility; agricultural; and accessory, with a maximum
density of one dwelling unit per 1,800 square feet of lot area and no maximum floor area ratio.
The comprehensive plan designates the property for office /residential use, but does not specify
density. The proposed use of the property is place of worship, meeting hall, and general or
professional office.
Application by Greater Roanoke Transit Company to vacate an alley between and parallel to
11th Street, S.E., and 12th Street, S.E., approximately 10 feet in width and extending
perpendicular from the southern edge of Campbell Avenue, S.E., approximately 175 feet to the
northern edge of Kirk Avenue, S.E.
Tina M. Carr, Secretary, City Planning Commission
City Council will hold public hearings on the aforesaid applications on November 20, 2017, at
7:00 p.m., or as soon as the matters may be heard.
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 hearings.
Stephanie M. Moon Reynolds, MMC, City Clerk
Please publish in newspaper on Tuesday, October 31, 2017, and Tuesday, November 7, 2017.
Please bill and send affidavit of publication to:
Tina M. Carr
Secretary to the Planning Commission
Planning, Building & Development
City of Roanoke
Noel C. Taylor Municipal Building
215 Church Avenue, SW, Room 166
Roanoke, VA 24011
540/853 -1730
tina carr�iilroanokeva.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
Carl L. Palmer
General Manager
Valley Metro
P. O. Box 13247
Roanoke, Virginia 24032
Dear Mr. Palmer:
A public hearing has been advertised to be heard by the City Planning Commission
on Monday, November 13, 2017 at 1:30 p.m., in the Council Chamber, Fourth Floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of
Greater Roanoke Transit Company to vacate an alley between and parallel to 11th
Street, S.E., and 12th Street, S.E., approximately 10 feet in width and extending
perpendicular from the southern edge of Campbell Avenue, S.E., approximately 175
feet to the northern edge of Kirk Avenue, S.E. (See copy of the Public Hearing Notice
attached.)
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, November 20, 2017 at 7:00 p.m. before the Roanoke City Council in the
Council Chamber, pending formal action by the City Planning Commission, which may
be viewed on the City's webpage, www roanokeva.gov, under 'Roanoke Planning
Commission News ", following its meeting on November 13.
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.
a,e�r- l�, ;A0�
Stephanie M. Moon Reynolds
City Clerk
Enclosure
22;0�:-W
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011 -1536
Telephone (540)853 -2541
ll (540)853 -1145
STEPHANIE M. MOON REYNOLDS, MMC
E- ,oeil: AerkQ4ronnokern.gov
CECELIA R M(COY
C,Iy (le, 'k
Depnly City Clerk
CECELIA T. W EBB, CM('
Assislant Beane City Clerk
November 2, 2017
Carl L. Palmer
General Manager
Valley Metro
P. O. Box 13247
Roanoke, Virginia 24032
Dear Mr. Palmer:
A public hearing has been advertised to be heard by the City Planning Commission
on Monday, November 13, 2017 at 1:30 p.m., in the Council Chamber, Fourth Floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of
Greater Roanoke Transit Company to vacate an alley between and parallel to 11th
Street, S.E., and 12th Street, S.E., approximately 10 feet in width and extending
perpendicular from the southern edge of Campbell Avenue, S.E., approximately 175
feet to the northern edge of Kirk Avenue, S.E. (See copy of the Public Hearing Notice
attached.)
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, November 20, 2017 at 7:00 p.m. before the Roanoke City Council in the
Council Chamber, pending formal action by the City Planning Commission, which may
be viewed on the City's webpage, www roanokeva.gov, under 'Roanoke Planning
Commission News ", following its meeting on November 13.
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.
a,e�r- l�, ;A0�
Stephanie M. Moon Reynolds
City Clerk
Enclosure
D & H Investments, LLC
Todd A. Goodrich
Downtown Car Company, LLC
Ladies and Gentlemen:
A public hearing has been advertised to be heard by the City Planning Commission
on Monday, November 13, 2017 at 1:30 p.m., in the Council Chamber, Fourth Floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of
Greater Roanoke Transit Company to vacate an alley between and parallel to 11th
Street, S.E., and 12th Street, S.E., approximately 10 feet in width and extending
perpendicular from the southern edge of Campbell Avenue, S.E., approximately 175
feet to the northern edge of Kirk Avenue, S.E. (See copy of the Public Hearing Notice
attached.)
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, November 20, 2017 at 7:00 p.m. before the Roanoke City Council in the
Council Chamber, pending formal action by the City Planning Commission, which may
be viewed on the City's webpage, www.roanokeva.gov, under "Roanoke Planning
Commission News ", following its meeting on November 13.
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 OFROANOKE
OFFICE OF THE CITY CLERK
_
215 Church Avenue, S. W., Room 456
-
Ronuokc, Virginia 24011 -1536
Telephone: (540)853 -2541
Fax: (540)89 -1145
STEM I ANIE M. MOON REYNOLDS, MMC
-nail: der kpn,rovlokevv.g °"
(' ECELIA F. MCCOY
Cily Clerk
Depul,y City (-kyk
November 2, 2017
CE.CELIA T. WEBB, CMC
Assistant Deputy Cip Clerk
D & H Investments, LLC
Todd A. Goodrich
Downtown Car Company, LLC
Ladies and Gentlemen:
A public hearing has been advertised to be heard by the City Planning Commission
on Monday, November 13, 2017 at 1:30 p.m., in the Council Chamber, Fourth Floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of
Greater Roanoke Transit Company to vacate an alley between and parallel to 11th
Street, S.E., and 12th Street, S.E., approximately 10 feet in width and extending
perpendicular from the southern edge of Campbell Avenue, S.E., approximately 175
feet to the northern edge of Kirk Avenue, S.E. (See copy of the Public Hearing Notice
attached.)
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, November 20, 2017 at 7:00 p.m. before the Roanoke City Council in the
Council Chamber, pending formal action by the City Planning Commission, which may
be viewed on the City's webpage, www.roanokeva.gov, under "Roanoke Planning
Commission News ", following its meeting on November 13.
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
CECELIA T. WEBB, CMC
Avistent Detour City Clerk
September 20, 2017 Detour
Donna Payne, Acting Secretary
City Planning Commission
Roanoke, Virginia
Dear Ms. Payne:
Pursuant to Chapter 30, Streets and Sidewalks, Article I, In General, Section 30 -14,
Procedure for altering or vacating city streets or alleys fees therefor, Code of the City of
Roanoke (1979), as amended, I am attaching a copy of an Application for Street or Alley
Vacation received in the City Clerk's Office on September 19, 2017, from Carl L.
Palmer, General Manager, Valley Metro, requesting that a 10 -foot wide alley located
between and parallel to 11 t" Street, S. E. and 12"' Street, S. E., and perpendicular to
Campbell Avenue, S. E., and Kirk Avenue, S. E., being from the north edge of Kirk
Avenue, S. E. right -of -way to a location approximately 20 feet along bearing
North 21 degrees 04'48" West, be vacated, discontinued and closed.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
PC: Carl L. Palmer, General Manager, Valley Metro, P. O. Box 13247, Roanoke
Virginia 24032
Sherman M. Stovall, Assistant City Manager for Operations
Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
Luke E. Pugh, P.E., City Engineer
Susan S. Lower, Director, Real Estate Valuation
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
STEPHANIE M. MOON REYNOLDS, MMC
E -mail: clerkoroanokeva.gov
CECELIA F. M
(lty Clerk
it
Deputy Ciry Clerk
CECELIA T. WEBB, CMC
Avistent Detour City Clerk
September 20, 2017 Detour
Donna Payne, Acting Secretary
City Planning Commission
Roanoke, Virginia
Dear Ms. Payne:
Pursuant to Chapter 30, Streets and Sidewalks, Article I, In General, Section 30 -14,
Procedure for altering or vacating city streets or alleys fees therefor, Code of the City of
Roanoke (1979), as amended, I am attaching a copy of an Application for Street or Alley
Vacation received in the City Clerk's Office on September 19, 2017, from Carl L.
Palmer, General Manager, Valley Metro, requesting that a 10 -foot wide alley located
between and parallel to 11 t" Street, S. E. and 12"' Street, S. E., and perpendicular to
Campbell Avenue, S. E., and Kirk Avenue, S. E., being from the north edge of Kirk
Avenue, S. E. right -of -way to a location approximately 20 feet along bearing
North 21 degrees 04'48" West, be vacated, discontinued and closed.
Sincerely,
Stephanie M. Moon Reynolds, MMC
City Clerk
Enclosure
PC: Carl L. Palmer, General Manager, Valley Metro, P. O. Box 13247, Roanoke
Virginia 24032
Sherman M. Stovall, Assistant City Manager for Operations
Daniel J. Callaghan, City Attorney
Steven J. Talevi, Assistant City Attorney
Luke E. Pugh, P.E., City Engineer
Susan S. Lower, Director, Real Estate Valuation
EAPPLICATION
ROANOKE STREET OR ALLEY VACATION
Date: March 29, 2017
To: Office of the City Clerk ■ Original Application
Fourth Floor, Noel C. Taylor Municipal Building
215 Church Avenue, S.W. o 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 riling fee.
Application is hereby submitted for street or alley vacation for the property located at:
Location and description of street or alley to be closed: The public alley being applied for vacation as public right -of -way
is a 10 foot wide alley located between and parallel to 11th St SE and 12th St, SE and perpendicular to Campbell Ave SE and Kirk Ave SE.
The proposed alley vacation is from the north edge of Kirk Ave SE right -of -way to a location approximately 120 feet along bearing
N 21 deg 04'48" W. Please see attached location map and plat for more information.
Proposed use of vacated street or alley: The proposed use of the vacated alley is a bus maintenance facility and associated
administrative facility. The block between 11 th St 12th St Campbell Ave and Kirk Ave is being combined from 10 separate lots plus the
10 foot wide alley into one lot upon which the facilities are proposed An approximately 55 foot long portion of the 10 foot wide alley will be longitudinally
halved and become the property of the owneds) of the properties at tax map a'. 4110606 and 4110607 .
Name of Applicant/Contact Person: Greater Roanoke Transit company
.. Po Box 13247 --
Mailing Address: Roanoke, VA 24032
Telephone: ( ) 540- 613 -5522
Applicants) signature(s):
Fax: ( ) 540 - 982 -]203 E-mail : cpalmar@valleymetrocom
ENDN ALL MEN BY THEE PRMEM, TO VT
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j
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Alley Vacation Agreement
Between
Greater Roanoke Transit Company
And
Todd Goodrich
This letter serves as an agreement by Todd Goodrich regarding the alley running between Campbell
Avenue and Kirk Avenue. between 11' Street SE and 12" Sheet SE in Roanoke, VA
The Greater Roanoke Transit Company (GRTC) has acquired parcels 4110601 through 4110605 and
4110608 through 4110611 and has applied for vacation of the alley that mns through these parcels, as
shown on the Proposed Combination Plat. attached. Mr Goodrich owns the two northeast dances; on the
block, parcels 411 06M and 4110607
By signing this letter Mr Goodrich consents to GRTC'; application for an alley vacation for the alley
behind parcels 4110606 and 4110607
Signed.
GREATErOE RA NSIT COMPANY Adjacent Property Owner
Carl Palmer
GRTC Ge eras Manager
Data BT M,
Todd Good` h
Date
Greater Roanoke Transit Company
PO Box 13247 • Roanoke, Virginia 24032 • Phone: 540 982,0305 • Fax 540.982.2703 • wwwvalleymetro corn
,gal
SPECTRUM DESIGN
rch itects I engineers
LETTER OF TRANSMITTAL
Date: 9/19/17 From:
To: Office of the City Clerk Email:
Fourth Floor, Noel C Taylor
Municipal Bldg.
215 Church Ave. SW
Roanoke, VA 24011
Attn: Wayne Leftwich (Senior
Planner)
Firm: City of Lexington Project Name:
300 E Washington St.
Lexington, VA 24450 Project No.:
Phone No.:
Fax No.:
Email:
540 8532541 Copy:
540 853 1 145
THE FOLLOWING ITEMS ARE BEING SENT TO YOU ATTACHED:
Trae Livick
Ilivickltyspectrumpi
GRTC —Alley Vacation
14167
file
Copies
Date
Description
1
9/19/17
Application — Street or Alley Vacation
1
9/19/17
Preliminary Alley Vacation Plat (2 sheets)
1
9119/17
Copy of Alley Vacation Agreement between GRTC and Todd Goodrich
I
9/19/17
Checks — Filing Fee, Legal Ad Fee
t lJI bZClvll Allem Vacaliom71709 19COR, doc
10 CHURCH AVENUE CE li-Z SUITE 1 ROANORE. M24011- 21001540 U2.6001 (PH)
540 342 W551FA%I V9WW SPEC I 11y11C GOM
® For Approval
❑ Approved As Submitted
❑ For Review And Comment
® For Your Use
❑ Approved As Noted
❑ Returned After Loan To Us
❑ As Requested
❑ Returned For Correction
❑ Other
REMARKS: hOnd
.
/ L
t lJI bZClvll Allem Vacaliom71709 19COR, doc
10 CHURCH AVENUE CE li-Z SUITE 1 ROANORE. M24011- 21001540 U2.6001 (PH)
540 342 W551FA%I V9WW SPEC I 11y11C GOM
..... ...
iaaau
LUMBER TCHECK DATE
0079236 13012017 19890
COMMENT
PAY
./11/201]
$250.00
250.0P
$P.00
40.00 $251
$250.0
$250.0
$0.0
$0.0
$250.00
VALLEY METRO
GREATER ROANOKE TRANSIT COMPANY
SOUTHWESTERN VIRGINIA TRANSIT
MANAGEMENT COMPANY, INC.
P.O. BOX 13247 ROANOKE, VA 24032
540 -982 -0305
Two Hundred Fifty Dollars and 00 Cents
HOMETOWN BANK
ROANOKE, VA 24011
68932/514
DATE
8/30/2017
19890
AMOUNT
$250.00
TO THE V AFTER 90 DAYS
ORDER City of Roanoke Treosurer
OF P. 0. Box 1451
Roanoke VA 240W -1451 AUTHORED s1GNATUne
- •01989011' 1:0 5 1409 3 201:1 10 100 1 ?9311-
- -- - --
VALLEY METRO GREATER ROANOKE TRANSIT COMPANY I SOUTHWESTERN VIRGINIA TRANSIT MANAGEMENT COMPANY, INC.
— 19890
VENDOR ID NAME PAYMENT NUMBER _ CHECK DATE
ROA0001 City of Roanoke Trees rer 000I37B" 8/30/201] 19890
OUR VOUCHER NUMBED YOUR VOUCHER NUMBER DATE MG -UNTPAID _ 318CODUT s L
LEGAL AO FE /AV 2017 /31/201] $250.00 $250.00 $0.00 �, 4R clu uc
COMMENT i-- 'v ^ry Dw. or $0.01$ $250
m iwwm ie
.+ C17140 3TKDK03 11 /11I101el3.d1 -74]-
s
E
VENOORID r NAME PAYM
- -_
ROA0001 Clty of Roanoke Treas rer
IR VOUCHEFI NUMBER VOUP VOUCHER NUMBER DATE
FILING FEE AV 2017 /
RNUMBEfl CHECK DATE
000079235 8/30/2017 19889
AMOUNT AMOUNT PAID DISCOUNT WgITEC
12017 8100.00 100.00 I $0.00
M
1`J b b2 I
COMMENT
—�
19889
VALLEY METRO
HOMETOWN BANK
GREATER ROANOKE TRANSIT COMPANY
ROANOKE. VA 24011
SOUTHWESTERN VIRGINIA TRANSIT
68932/514
MANAGEMENT COMPANY, INC.
P O. BOX 13247 ROANOKE, VA 24032
DATE
AMOUNT -
540 982 COLO
8/30/2017
$100.00
PAY
One Hundred Dollars and 00 Cents
TO THE
VOID FEET 9D DAYS "
ORDER City of Roanoke Treasurer
OF P. 0. Box 1451
Roanoke VA 24007 -1451 AUTN0RoG0 SIG r Re
II6019889B' L :OS>,4093201;Y>,O100 10 79 31r --
VALLEY METRO GREATER BOA NOR TRANSIT COMPANY / SOUTHWESTERN VIRGINIA TRANSIT MANAGEMENT COMPANY, INC. 19889
VENDOR ID NAME —RAW-NUMBER _ CHECK DATE
R0A0001 City of Roanoke Treas rer 000079235 8/30/2017 19889
OUR VOUCHER NUMBER YO VOULHEq NUMBE DATE MOUNT
FIL IN6 FEE AV 2017 13112017 4100.00 $100.00 80.00 $0.00 41
COMMEW
am�xWSla
.r C1J 109 $M DN Di 11 /J ]/101fi J3 -il OJ4.
IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA
The 20th day of November, 2017.
No. 41012- 112017.
AN ORDINANCE authorizing the City Manager to execute a Contract for Purchase and
Sale of Real Property (the "Contract") between the City of Roanoke, Virginia (the "City"). and
Humm Kombucha LLC, an Oregon limited liability company, qualified to transact business in
the Commonwealth of Virginia (the "Parent'), and its subsidiaries or affiliates that may be
created to own and /or operate the Facility described below (together, such subsidiaries and
affiliates are "Subsidiaries" and the Parent and the Subsidiaries together, jointly and severally,
are the `Buyer "), to sell to the Buyer certain real properly located at 1950 Blue Hills Drive, N.E.,
Roanoke, Virginia 24012, consisting of approximately 12.042 acres, more or less, together with
all improvements thereon, designated as Official Tax Map No. 7230103 (the "Property "), for the
construction and operation of a brewery and packaging facility (the "Facility"), upon certain
terms and conditions; authorizing the City Manager to accept a Nonnegotiable Promissory Note
(the "Promissory Note ") from the Buyer in the principal amount of $943,400 obligating the
Buyer to pay the City, subject to the terms of the Promissory Note, the principal amount together
with accrued interest at the rate of one percent (I %) per annum, as set forth in the Promissory
Note; authorizing the City Manager to execute a Deed of trust between the City and the Buyer
in which the Buyer will grant a first priority Deed of Trust on the Property to the City to secure
payment and performance of the Promissory Note by the Buyer, as required by the terms of the
Contract; authorizing the City Manager to execute such further documents annd take such further
actions as may be necessary to accomplish the above matters; and dispensing with the second
reading of this Ordinance by title.
WHEREAS, City is the owner in fee simple of the Property, and the City is desirous of
selling the Property to the Buyer and the Buyer is desirous of acquiring the Property for the
construction and operation of the Facility;
WHEREAS, the City proposes to execute a Contract (the "Contract`), in the form of the
Contract attached to the City Council Agenda Report dated November 20, 2017 (the "Agenda
Report'), with the Buyer for the purchase of the Property for the sum of $943,400, together with
other consideration and performance of other obligations by the Buyer;
WHEREAS, the Buyer agrees to execute a Promissory Note, in the form of the
Promissory Note attached to the Agenda Report, in the principal amount of $943,400, obligating
the Buyer to pay the City, subject to the terms of the Promissory Note, the principal amount
together with accrued interest at the rate of one percent (1%) per annum, as set forth in the
Promissory Note, under which Promissory Note principal and accrued interest shall be due in
five (5) equal annual installments of principal together with all accrued and unpaid interest on
the unpaid principal balance of the Promissory Note; provided that each installment payment
shall be deemed paid and satisfied in full as it comes due, and the Buyer shall be under no
obligation to pay that installment payment to the City, if, at the time an installment is due, the
Buyer has perforated its obligations as provided under the terms of the Promissory Note and
Section IS of the Contract; and provided further that, if an Event of Default, as set forth in the
Promissory Note, has occurred, the City may accelerate payment of the remaining unpaid
balance due under the Promissory Note and demand payment in full of the unpaid principal
balance of the Promissory Note, together with all accrued interest thereon;
WHEREAS, upon sale of the Property to the Buyer, the Buyer will provide or grant to the
City as Security for Promissory Note (as defined and described in the Contract) (1) an
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unconditional letter of credit, in the form of the Letter of Credit attached to the Agenda Report
(the "Letter of Credit ") in the amount of $943.400, issued in favor of City by a bank qualified to
conduct business in the Commonwealth of Virginia and with an office in the Commonwealth of
Virginia; (2) a first priority Deed of Trust on the Property, in the form of the Deed of Trust
attached to the Agenda Report (the "Deed of Trust"); or (3) other similar collateral acceptable to
City in its reasonable determination, to the City to secure payment and performance of the
Promissory Note by the Buyer, as required by the terms of the Contract: and the Deed of Trust
provides the City with the power to sell the Property at foreclosure sale in the event of a material
default as defined in the Deed of Trust; and the Deed of Trust further provides that, upon
satisfaction in full of all obligations of the Buyer under the Promissory Note and Deed of Trust,
the City will release and discharge the Deed of Trust;
WHEREAS, a public hearing was held on November 20, 2017, pursuant to Section 15.2-
1800 and Section 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 such conveyance; and
WHEREAS, after closing the public hearing, Council believes that the sale of the
Property to the Buyer in accordance with the terms of the proposed Contract, Promissory Note,
the better of Credit, and Deed of Trust, will benefit the City, and its citizens.
'I HERFFORG, BE IT ORDAINED by the Colmcil of the City of Roanoke as follows:
1. The City Council finds the sale of the Property will be of economic benefit to the
City and its citizens.
2. The City Manager is hereby authorized on behalf of the City to execute a
Contract, substantially similar to the Contract attached to the Agenda Report, to sell to the Buyer
the Property for the purchase price of $943,400, together with other consideration and
3
performance of other obligations by the Buyer, for the construction and operation of the Facility,
upon such terms and conditions as more particularly set forth in the above - mentioned Agenda
Report.
3. The City Manager is hereby authorized on behalf of the City to accept a note,
substantially similar to the Promissory Note attached to the Agenda Report, obligating the Buyer
to pay the City, subject to the terms of the Promissory Note, the principal amount together with
accrued interest at the rate of one percent (1%) per annum, as set forth in the Promissory Note,
upon such terns and conditions as more particularly set forth in the Agenda Report. The City
Manager is further authorized to execute such other documents and take such further action as
may be necessary to implement, administer, enforce, and release and discharge the Promissory
Note in accordance with the terms of the Promissory Note.
4. The City Manager is hereby authorized on behalf of the City to execute and
accept a Letter of Credit, if applicable, substantially similar to the Letter of Credit attached to the
Agenda Report, to secure payment and performance of the Promissory Note by the Buyer, as
required by the terms of the Contract, upon such terms and conditions as more particularly set
forth in the Agenda Report. The City Manager is further authorized to execute such other
documents and take such further action as may be necessary to implement, administer, enforce,
and release the Letter of Credit in accordance with the terms of the Letter of Credit.
5. The City Manager is hereby authorized on behalf of the City to execute and
accept a Deed of Trust, if applicable, substantially similar to the Deed of Trust attached to the
Agenda Report, in which the Buyer will grant a first priority lien on the Property to the City to
secure payment and performance of the Promissory Note by the Buyer, as required by the terms
of the Contract, upon such terms and conditions as more particularly set forth in the Agenda
Report. The City Manager is further authorized to execute such other documents and take such
further action as may be necessary to implement, administer, enforce, and release the Deed of
'trust in accordance with the terms of the Deed of Trust.
6. The City Manager is hereby authorized on behalf of the City to execute and
accept such other collateral as provided in the Contract as Security for Promissory Note, if
applicable, to secure payment and performance of the Promissory Note by the Buyer, as required
by the terms of the Contract, upon such terms and conditions as more particularly set forth in the
Agenda Report. The City Manager is further authorized to execute such other documents and
take such further action as may be necessary to implement, administer, enforce, and release such
other collateral.
7. The City Manager is further authorized to execute such further documents,
including a Special Warranty Deed of Conveyance for the transfer of the Property to the Buyer in
accordance with the terms of the Contract, and take such further actions as may be necessary to
implement, administer, and enforce the Contract, the Promissory Note, the Letter of Credit, the
Deed of Trust, and such other collateral, and complete the sale and transfer of the Property to the
Buyer.
8. The City Manager is further authorized on behalf of the City to negotiate and
execute such further documents and take such further actions related to this matter and as may be
necessary to implement, administer, and enforce the conditions and obligations that must be met
by the Buyer pursuant to the Contract, Promissory Note, the Letter of Credit, Decd of trust, and
such other collateral.
9. The form of the documents referred to above and in the Agenda Report are to be
approved by the City Attorney.
5
10. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this Ordinance by title is hereby dispensed with.
a1; k /' �1 041- ✓ y
x
� CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: November 20, 2017
Subject: Sale of City -Owned Property Located at 1950 Blue Hills Drive,
N.E. (Official Tax Map No. 7230103) to Humm Kombucha LLC
and /or its Subsidiaries and Affiliates
Background:
The City of Roanoke (City) is the owner of a parcel of land, consisting of
approximately 12.042 acres, located at 1950 Blue Hills Drive, N.E., Roanoke,
Virginia (Official Tax Map No. 7230103) (Property). Humm Kombucha LLC
(Humm) an Oregon limited liability company qualified to transact business in
the Commonwealth of Virginia has submitted a proposal to purchase the
Property and to construct a brewery and packaging facility (Facility). The
attached proposed Contract for Purchase and Sale of Real Property (Contract)
contains the terms and conditions for conveying the Property to Humm. The
Contract provides that the sale of the Property will be made to Humm or its
subsidiaries or affiliates (Subsidiaries) that may be created to own and /or
operate the Facility.
Considerations:
Humm proposes to construct the Facility at an estimated cost of $3,650,000 for
the building and $6,350,000 for production machinery and equipment. Initial
employment at the Facility is projected to be 11 employees expanding to a total
of 46 employees by the third year of operation.
The Contract provides a purchase price of $943,400. Humm and its
Subsidiaries agree to execute a Note, substantially similar to the Note attached
as Exhibit 5 to the Contract, in the principal amount of $943,400, obligating
Humm and its Subsidiaries to pay the City, subject to the terms of the Note, the
principal amount together with accrued interest at the rate of one percent (1 %)
per annum, as set forth in the Note, under which Note principal and accrued
interest shall be due in five (5) equal annual installments of principal together
with all accrued and unpaid interest on the unpaid principal balance of this
Note; provided that each installment payment shall be deemed paid and
satisfied in full as it comes due, and Humm and its Subsidiaries shall be under
no obligation to pay that installment payment to the City, if, at the time an
installment is due, Humm and its Subsidiaries have performed their obligations
as provided under the terms of the Note and Section 18 of the Contract; and
provided further that, if an Event of Default, as set forth in the Note, has
occurred, the City may accelerate payment of the remaining unpaid balance due
under the Note and demand payment in full of the unpaid principal balance of
the Note, together with all accrued interest thereon.
The primary requirements to avoid an Event of Default are:
• Develop the Property substantially in accordance with the Proposal
(Contract Exhibit 2);
• Commence construction by no later than December 31, 2018;
• Invest a minimum of $7,000,000 in building improvements and
equipment,
• Complete construction, and begin commercial production and sale of
product by no later than December 31, 2019;
• Employ and maintain at least 40 full -time employees.
Prior to Closing, Humm shall have been authorized or approved for certain
incentives, as defined in the proposed Contract, including grants from the
Commonwealth of Virginia (including a Commonwealth's Development Fund
Opportunity Grant), and from the Economic Development Authority of the City
of Roanoke, Virginia, as more specifically described in the proposed Contract.
The Contract further provides that upon sale of the Property, Humm or the
Subsidiary of Humm that will own the Facility will provide a security for the Note
by either (1) granting a first priority Deed of Trust on the Property to the City
substantially similar to the Deed of Trust attached as Exhibit 3 to the Contract,
(2) providing an unconditional letter of credit that shall be substantially in the
form of Exhibit 4 to the Contract in the amount of $943,000, issued in favor of
the City by a bank qualified to conduct business in Virginia and with an office in
Virginia, or (3) other similar collateral acceptable to the City to secure payment
and performance under the terms of the Note by Humm.
The Contract provides Humm with a 120 day Inspection Period for a due
diligence review, and a 180 day Approval Period that can be extended an
additional 90 days to obtain all Permits and Approvals. Closing on the Property
shall occur no later than November 30, 2018.
Recommended Action:
Absent comments at the public hearing to the contrary, approve the attached
ordinance authorizing the City Manager to execute a contract substantially
similar to the Contract attached to this Agenda Report; and at Closing, execute
and deliver a Special Warranty Deed conveying the Property to Humm or one or
more of its Subsidiaries; accept a Note and Deed of Trust, Letter of Credit, or
similar collateral substantially similar to the respective Note, Deed of Trust, and
Letter of Credit attached as exhibits to the Contract; and execute such other
documents and to take such further actions as may be necessary to implement,
administer, and enforce such Contract, the Note, and the Deed of Trust, Letter
of Credit, or similar collateral. All documents are subject to approval as to form
by the City Attorney.
t
6;;; T S. Cowell, Jr.
City Manager
Attachments
Distribution: Council Appointed Officers
R. Brian Townsend, Asst. City Mgr. for Community Development
Wayne Bowers, Director of Economic Development
Final Draft (11-10-17)
CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY
This Contract for Purchase and Sale of Real Property ( "Contract" or
"Agreement ") is entered into effective . 2017 ( "Effective Date "), by and
between the City of Roanoke, Virginia, a Virginia municipal corporation (`Seller" or
"City"), and Human Kombucha LLC, an Oregon limited liability company qualified to
transact business in the Commonwealth of Virginia ( "Parent "), and its subsidiaries or
affiliates that may be created to own and /or operate the Facility described below
(together, such subsidiaries and affiliates are "Subsidiaries" and the Parent and the
Subsidiaries together, jointly and severally, are the "Buyer ").
RECITALS:
WHEREAS, Seller is the owner in fee simple of certain real property located at
1950 Blue Hills Drive, N.F., Roanoke, Virginia 24012, Official Tax Map No. 7230103,
containing approximately 12.042 acres, as shown and described more particularly in the
attached Exhibit 1 (`Property");
WHEREAS, Seller is desirous of selling the Property to Buyer and Buyer is
desirous of acquiring such Property for the construction and operation of a brewery and
packaging facility in accordance with Buyer's proposal attached hereto as Exhibit 2,
together with such supplements, additions, and amendments that Buyer shall make prior
to Closing, accepted by Seller and which acceptance shall not be unreasonably withheld,
and shall be attached hereto (collectively, the "Proposal ");
WHEREAS, the Property is currently undeveloped and situated within the
Roanoke Centre for Industry and Technology;
WHEREAS, Buyer proposes to make substantial improvements to the Property
for the construction, equipping, and operation of a brewery and packaging facility
('Facility ") that will employ at least 40 Full -Time Employees in accordance with the
provisions of Section 18.B.4 of this Agreement;
WHEREAS, the City recognizes that the development, construction, and
operation of the Facility will require the expenditure of significant sums for the
acquisition and installation of specialized machinery and equipment for the operation of
the Facility in accordance with all applicable federal, state, and local laws, rules,
regulations, and ordinances;
WHEREAS, Buyer has requested and been offered economic assistance from the
City and the Economic Development Authority of the City of Roanoke, Virginia
( "EDA ") to assist with Buyer's development, construction, outfitting and operation of the
Facility; and
WHEREAS, the City desires that development of the Facility as described in the
Proposal proceed and the City has determined that the Project will promote economic
Final Draft (11-10-17)
development within the City and within the Roanoke Region and the Project will provide
additional tax revenue, services, and employment opportunities to benefit the citizens of
the City and the Roanoke Region.
THEREFORE, for and in consideration of the mutual covenants and conditions
set forth in this Contract including the Recitals above, which Recitals are incorporated
herein and made a part of this Contract, and other good and valuable consideration, the
receipt and sufficiency of which is acknowledged by the parties hereto, Seller and Buyer
hereby agree as follows:
SECTION 1. DEFINITIONS.
Unless the context otherwise specifies or requires, for the purpose of this Contract, the
following terns shall have the meanings set forth in this Section:
"Buyer Post - Closing Covenants" has the meaning set forth in Section 18 below.
"Closing" means the consummation of the transaction set forth in this Contract by
Seller's conveyance of the Property to Buyer pursuant to the Deed.
"Closing Date" is defined in Section 10 below.
"Construction Activity" means the receipt of all Permits and Approvals necessary for
the commencement of site work on the Property, and the initiation of such site work.
"Commencement Date" means the date on which Buyer certifies in writing to Seller
that Buyer has commenced Construction Activity, which date shall be no later than
December 31, 2018.
"Contemplated Use" means the development of the Property by Buyer for the purpose
of developing a brewery and packaging facility for the commercial production and sale of
products.
"Days" means, unless otherwise stated, consecutive calendar days.
"Deed" means a special warranty deed conveying title to the Property in a form and
substance reasonably acceptable to Buyer.
"Deed of Restriction" means the Deed of Restriction to the Roanoke Centre for Industry
and Technology, as amended, dated February 15, 2012, and recorded in the Clerk's
Office of the Circuit Court for the City of Roanoke, Virginia.
"Earnest Money" means the deposit of $10,000 previously made by Buyer in
accordance with the LOI.
Final Draft (Ii- 10 -17)
"Full -Time Employees" means new permanent full -time employment of an indefinite
duration at the Facility, for which the standard fringe benefits are provided by Buyer for
each of the Full -Time Employees, and for which each of the Full -Time Employees
receives a minimum of at least $12.69 per hour, not including health insurance benefits
and other standard fringe benefits. Each job for Full -Time Employees must require a
minimum of either (i) 35 hours of an employee's time per week for the entire normal year
of Buyer's operations, which "normal year" must consist of at least 48 weeks, or (ii)
1,680 hours per year. Seasonal or temporary positions, positions created when a job
function is shifted from an existing location in the Commonwealth of Virginia, and
positions with construction contractors, vendors, suppliers and similar multiplier or spin-
off jobs shall not qualify as such jobs.
"Governmental Authority" means the United States of America, the Commonwealth of
Virginia, any other state of the United States, the City, any Federal, state, regional, or
local body, commission, or agency having jurisdiction with respect to the construction,
development, occupancy, use, and operation of the Facility.
"LOI" means the Letter of Intent executed by Buyer and Seller dated as of September
18, 2017, with respect to the proposed purchase and sale of the Property.
"Permits and Approvals" mean all permits, approvals, consents, and authorizations
issued by a Governmental Authority that are required for the construction, and use of the
Facility or otherwise in connection with the Project, all such permits, approvals, consents,
and authorizations having been finally issued and subject to no condition unacceptable to
Buyer and subject to no appeal.
"Plans" or "Plan" mean the design plans and/or drawings and /or other documents as
approved by the City of Roanoke Department of Planning, Building and Development.
"Plat" means the plat prepared by Lumsden Associates, P.C. entitled: "Plat Showing the
Resubdivision of a 116.048 Acre Tract, Creating hereon New Tract "A" (12.042 Acres),
Tract "B" (7.423 Acres), Tract "F" (18.437 Acres), "Utility Lot I" (0.331 Acres), "Utility
Lot 2" (0 -332 Acres) & Dedicating 3.711 Acres for the Right -of -Way of Blue Hills
Drive, and Leaving 73.772 Acres of Remaining Property of the City of Roanoke,
Virginia" dated December 6, 2001, stamped February 20, 2002, and recorded in the
Clerk's Office of the Circuit Court of the City of Roanoke, Virginia at Map Book 1, Page
2408.
"Production Date" means December 31, 2019.
"Project" means and includes the design, engineering, and construction of the Facility to
be developed by Buyer in accordance with the Proposal, as well as any related and/or
connected work that may be required and /or done on any part of the Property.
"Promissory Note" means the promissory note substantially in the form of Exhibit 5
attached hereto and made a part hereof, in the principal amount of $943,400, together
Final Draft (11- 10 -17)
with interest at the annual rate of l %, to be executed by Buyer and delivered by Buyer to
Seller as payment of the Purchase Price.
"Property" means the real property located at 1950 Blue Hills Drive, N.E., Roanoke,
VA 24012, designated as Official Tax Map No. 7230103, and containing approximately
12.042 acres, together with all improvements thereon. The Property is a portion of the
property conveyed to Seller by (i) deed dated October 2, 1989, from Anderson Wade
Douthat, III, and Frances Brown Douthat, recorded in the Office of the Clerk of the
Circuit Court of the City of Roanoke, Virginia in Deed Book 1610, Page 205; (it) deed of
correction dated October 3, 1989, from Nancy D. Goss, L.W. Goss, James F. Douthat,
Ann Scott Douthat, Anderson Wade, Douthat III, and Frances Brown Douthat recorded in
the Office of the Clerk of the Circuit Court of the City of Roanoke. Virginia in Deed
Book 1612, Page 1155; (iii) deed dated June 22, 1990, from Nancy D. Goss and L.W.
Goss, James F. Douthat and Ann T. Douthat, recorded in the Office of the Clerk of the
Circuit Court of the City of Roanoke, Virginia in Deed Book 1624, Page 1883; and (iv)
decd dated August 14, 1992, from Annalce Huffman- Paul Huffman, Wilmer Conner,
Christine Conner, Ruby M. Gibson, Sam W. Gibson, Douglas Conner, Martha J. Conner,
and Ruby M. Gibson, recorded in the Office of the Clerk of the Circuit Court of the City
of Roanoke, Virginia in Deed Book 1671, Page 1083. The Property is more particularly
described in Exhibit 1 attached hereto and made a part hereof. The description of the
Property will be amended to reflect the description established by a final survey obtained
by Buyer, and approved by Seller.
"Proposal" is defined in the Recitals.
"Purchase Price" means the sum of $943,400 to be paid by Buyer for the acquisition of
the Property from Seller. Buyer shall pay the Purchase Price by execution, delivery, and
performance of the Promissory Note.
"Restrictive Covenants" means the obligations of Buyer under Section 18.B. below.
"Security for Promissory Note" means, at Buyer's option: (1) a deed of trust that shall
be substantially in the form of Exhibit 3 attached hereto and made a part hereof, granted
by Buyer to Seller to create a first priority lien on the Property; (2) an unconditional letter
of credit that shall be substantially in the Comm of Exhibit 4 attached hereto and made a
part hereof, in the amount of $943,400, issued in favor of Seller by a bank qualified to
conduct business in the Commonwealth of Virginia and with an office in the
Commonwealth of Virginia; or (3) other similar collateral acceptable to Seller in its
reasonable determination, to secure payment and performance of Buyer's obligations
under the Promissory Note and the Restrictive Covenants.
"Substantial Completion" or "Substantially Completed" means the Facility is
sufficiently complete so that it may be occupied and utilized for the Contemplated Use.
"Title Company" means any nationally recognized title insurance company acceptable
to Buyer.
Final Draft (I I- 10- 17)
SECTION 2. PURCHASE AND SALE OF PROPERTY. Seller agrees to sell the
Property to Buyer and Buyer agrees to purchase the Property from Seller, on and subject
to all the terms, covenants, and conditions set forth in this Contract.
SECTION 3. PAYMENT OF PURCHASE PRICE. Buyer shall execute, deliver, and
perform the Promissory Note and Security for Promissory Note as payment of the
Purchase Price. At Closing Seller shall return the Earnest Money to Buyer. Buyer further
agrees to promptly pay for the actual, reasonable costs for any advertisement of required
public hearing(s) related to the sale of the Property under this Contract. Pursuant to the
laws of the Commonwealth of Virginia, Seller must advertise notice of a public hearing
before Roanoke City Council once in a newspaper of general circulation within Roanoke
City. Any reimbursement for such authorized costs shall be made directly to the entity
providing the advertising at such payment address as is provided by such entity providing
the advertising.
SECTION 4. RIGHT OF ENTRY AND INSPECTION PERIOD
A. Buyer shall have one hundred twenty (120) Days following the Effective Date, to
complete Buyer's due diligence review of the Property ( "Inspection Period ").
Should Buyer determine during such Inspection Period that it is not satisfied with
the Property or any characteristics thereof for any reason whatsoever, in Buyer's
sole and absolute discretion, Buyer may terminate this Contract by notifying
Seller in writing as soon as possible, but no later than five (5) Days after the end
of such Inspection Period, of Buyer's decision to terminate the Contract. In such
case, this Contract shall thereon be terminated and of no further force and effect
and the Earnest Money shall be returned to Buyer, unless Seller and Buyer
mutually agree to modify this Contract to address such issue(s). Buyer shall
provide Seller with its objections to the title of the Property including without
limitation. any casements, encumbrances, or restrictions of record (including all
matters shown on the Plat), within five (5) Days after the end of the Inspection
Period.
B. In connection with Buyer's due diligence review referenced above, Seller hereby
grants to Buyer, its officers, agents, employees, contractors, subcontractors,
licensees, designees, representatives, and consultants, a revocable right to enter on
the Property at any time during the Inspection Period on not less than two (2)
working days prior written notice to Seller, to survey, make test borings, and carry
out such other examinations, exploratory work, or settings as may be necessary or
advisable to complete Phase 1 and Phase 11 Environmental Assessments,
geotechnical assessments, nondestructive engineering evaluations of the Property,
to otherwise perform Buyer's due diligence with respect to the Property, and to
store property and equipment, on the following terms and conditions:
1. If Buyer exceeds its rights granted under this Section 4 or fails to obtain
and maintain the insurance required by this Section 4, Seller may
immediately revoke this right of entry.
Final Draft (II- 10 -17)
Buyer agrees to be responsible for any and all damages resulting from the
activity or activities of Buyer, its officers, agents, employees, contractors,
subcontractors, licensees, designees, representatives and consultants, on
the Property in the exercise of the rights granted under this Section 4.
Buyer shall, at its sole cost, promptly and fully restore any land disturbed
by the exercise of the rights under this Section 4 to a condition equal to
that existing immediately prior to entry on the Property if Buyer does not
purchase the Property.
3. Buyer shall indemnify and defend Seller from any loss, damage, or claim
arising out of Buyer's access to the Property pursuant to this Section 4 for
the purpose of making tests, inspections, studies, and other investigations.
Buyer's indemnity obligations hereunder are conditioned on Seller. (i)
promptly notifying Buyer in writing of any claim; (it) cooperating with
Buyer in the defense of the claim; and (iii) granting Buyer sole control of
defense or settlement of the claim at the sole cost and expense of Buyer.
Under no circumstance shall Buyer be obligated to indemnify or defend
Seller for or from Seller's own negligence or willful misconduct (which
includes, without limitation, any breach by Seller of this Agreement), or
unlawful act or omission, or any claim resulting from any of the foregoing.
4. Buyer shall, at its sole expense, obtain and maintain, or have its
contractors or representatives obtain and maintain, the insurance set forth
below. Any required insurance shall be effective prior to the beginning of
any work or other performance by Buyer under this Section 4. The
following policies and coverages are required:
(1) Commercial General Liability. Commercial General Liability
insurance, written on an occurrence basis, 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 Buyer's acts
or omissions. The minimum limits of liability for this coverage
shall be $1,000,000 per occurrence and $2,000,000 general
aggregate.
(ii) Contractual Liability. Broad form Contractual Liability insurance
shall include the indemnification obligation set forth above.
(iii) Workers' Compensation. Workers' Compensation insurance
covering Buyer's statutory obligation under the laws of the
Commonwealth of Virginia and Employer's Liability insurance
shall be maintained for all its employees engaged in work under
this Section 4. Minimum limits of liability for Employer's
Liability shall be $100,000 bodily injury by accident each
occurrence; $500,000 bodily injury by disease (policy limit); and
$100,000 bodily injury by disease (each employee). With respect
Final Draft (11- 10 -17)
to the Workers' Compensation coverage, Buyer agrees to use
reasonable efforts to obtain a waiver by the insurance company of
rights of subrogation against Seller if the policy does not expressly
permit a waiver of subrogation.
(iv) Automobile Liability. The minimum limit of liability for
Automobile Liability Insurance shall be $1,000,000 combined
single limit applicable to owned or non -owned vehicles used in the
performance of any work under this Section 4 and shall be written
on an occurrence basis.
5. The insurance coverages and amounts set forth above may be met by an
umbrella liability policy following the form of the underlying primary
coverage in a minimum amount of $1,000,000. 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 this Section 4, and it is further agreed that such
statement shall be made a part of the certificate of insurance famished by
Buyer to Seller.
All insurance shall also meet the following requirements: Buyer shall
furnish Seller appropriate documentation showing the type, amount,
effective dates, and date of expiration of policies; that the City of
Roanoke, its officers, employees, agents, volunteers, and representatives
are named as additional insureds; where waiver of subrogation is specified
with respect to any policy or insurance required, any such waiver that
Buyer is able to obtain shall be specified; insurance coverage shall be in a
form and with an insurance company approved by Seller, which approval
shall not be unreasonably withheld; and any insurance company providing
coverage shall be authorized to do business in the Commonwealth of
Virginia. Buyer shall provide the City's Risk Manager with not less than
thirty (30) Days advance notice of cancellation or material alteration of
any of the above required insurance coverage.
Buyer, in performing its inspections on the Property pursuant to this
Section 4 shall at all times comply with all applicable federal, state, and
local laws, mles, and regulations.
On the request of Seller, Buyer shall, within a reasonable period of time
after receipt of any preliminary or final survey, test results or eonclusory
reports and opinion statements, deliver copies of same to Seller. If Seller
so requests, Buyer shall also turn over copies of raw data obtained and any
laboratory and observation reports or analyses. Such copies of all the
above shall be provided to Seller without charge. All such deliverables
shall be without any warranties whatsoever, and neither Buyer nor the
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provider of any report or opinion shall be deemed to make or have made
any representations or warranties to Seller regarding such report or
opinion, or any information contained therein, and Seller may not rely on
any such report or opinion, or any information contained therein.
SECTION 5. PERMITS AND APPROVALS. Buyer shall have 180 Days following
the Effective Date ( "Approval Period ") to obtain all Permits and Approvals Buyer
deems necessary or appropriate for the construction of the Facility. Buyer may extend
the Approval Period for an additional period of 90 Days provided Buyer is diligently
presenting applications and diligently and timely making efforts, in good faith, to obtain
all Permits and Approvals Buyer deems necessary or appropriate for the construction of
the Facility, or to satisfy itself that such Permits and Approvals will be available.
SECTION 6. TITLE. Buyer's obligation to purchase the Property is conditioned on the
Property being conveyed by Seller to Buyer, with special warranty covenants, and free of
encumbrances created or suffered by Seller except for such encumbrances that constitute
Permitted Encumbrances. "Permitted Encumbrances" means and includes only the
following:
A. Ad valorem real property taxes, stormwater utility fees, and solid waste fees for
the current year, not yet due and payable;
B. The Deed of Restriction;
C. The conditions on the plat to be prepared by Buyer;
D. The Security for Promissory Note;
E. The Restrictive Covenants;
F. The limitation on transfers of the Property set forth in Section 18C. of this
Contract; and
G. Any other easements, restrictions, and encumbrances of record designated by
Buyer in writing as being acceptable to Buyer following Buyer's review of the
preliminary title report for the Property and the Plat, and such other diligence as
Buyer elects to perform.
Buyer acknowledges and agrees that Seller has no obligation to remove, amend or alter
any easement, restriction, or encumbrance of record. Buyer's sole remedy is to accept
title subject to such easement, restriction, or encumbrance as a Permitted Encumbrance or
terminate this Agreement. In the event Buyer elects to terminate this Agreement, Buyer
shall provide written notice to Seller of such termination, in which event the Earnest
Money shall be returned to Buyer and neither party shall have any further rights or
obligations under this Agreement.
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SECTION 7. INCENTIVES. Buyer's obligation under this Contract to close the
purchase of the Property is expressly subject to and conditioned on the authorization or
approval of the following incentives and grants available to Buyer, or requested by
Buyer, from the Commonwealth of Virginia or the City (collectively, `Incentives "):
A. Authorizations by the Commonwealth of Virginia:
I. A grant from the Commonwealth's Opportunity Fund in an amount
commercially reasonable and on terms and conditions acceptable to Buyer.
2. A grant from the Virginia Jobs Investment Program in an amount
commercially reasonable and on terms and conditions acceptable to Buyer.
3. State Enterprise Zone Grants consisting of a Real Property Investment
Grant and a Jobs Creation Grant on commercially reasonable terms and
conditions acceptable to Buyer.
4. State Manufacturing Sales and Use Tax exemption on commercially
reasonable terns and conditions acceptable to Buyer.
B. Approval or authorization by City Council of.
Annual future grants or rebates from EDA or City to Buyer in an amount
equal to 50% of the business personal property tax / machinery and tools
tax actually received by the City from personal property of Buyer located
on the Property for a period of four (4) years from the Production Date,
beginning with the tax year immediately following the year in which the
Production Date occurs ( "Operation Grant ").
City Enterprise Zone Grants consisting of building permit fee rebates,
water, fire, and sewer hookup rebates or grants, and business security
grant.
The grant from the Commonwealth's Opportunity Fund identified above.
Approval or authorization by the Economic Development Authority of the City of
Roanoke, Virginia, of:
The Operation Grant.
2. The grant from the Commonwealth's Opportunity Fund identified above.
Seller shall use its best efforts to assist Buyer in applying for the Incentives. If during the
Approval Period, as extended, Buyer determines in its sole discretion that the Incentives
have not been approved and/or awarded in amounts and on commercially reasonable
terms and conditions that render the Project economically viable, then Buyer shall have
Final Draft (11-10-17)
the right to terminate this Contract by providing written notice to Seller of such
termination, in which event the Earnest Money shall be remme l to Buyer and neither
party shall have any further rights or obligations under this Contract.
SECTION S. CONDITIONS TO BUYER'S OBLIGATION TO CLOSE.
A. The following are conditions precedent to Buyer's obligation to purchase the
Property or otherwise to perform any obligations provided for in this Contract:
I. The fulfillment to Buyer's reasonable satisfaction of Seller's obligation to
convey title to the Property on the Closing Date to Buyer pursuant to the
terns and conditions of this Agreement.
2. Buyer shall have obtained, at Buyer's expense, all Permits and Approvals
Buyer deems necessary or advisable for the construction of the Facility.
3. Buyer must be satisfied in its sole discretion with the results of its due
diligence and inspections of the Property, including, without limitations,
those undertaken pursuant to Section 4 above.
4. Buyer must have approved and accepted in its sole discretion all
Incentives in accordance with Section 7 above.
5. Seller must not be in default of Seller's obligations under this Contract,
and Seller's representations and warranties in this Contract must remain
true and correct as of the Closing.
6. The Title Company's commitment to issue, on payment of its normal
premium, to Buyer its A.L.T.A. (Form B) Owner's Policy of Title
Insurance (the "Title Policy ") insuring Buyer in the amount of the
Purchase Price in respect to the Property and that title to the Property is
vested in Buyer subject only to the Permitted Encumbrances.
All of the foregoing conditions are for the benefit of Buyer, and Buyer may choose, in
Buyer's sole discretion, to proceed with the Closing despite having knowledge that one or
more of the above conditions have not been satisfied.
SECTION 9. CONDITIONS TO SELLER'S OBLIGATION TO CLOSE. As a
condition precedent to Seller's obligation to sell the Property or otherwise to perform any
obligations provided for in this Contract, Buyer must not be in material default of its
obligations under this Contract, and Buyer's representations and warranties in this
Contract must remain true and correct as of the Closing. The foregoing conditions are for
the benefit of Seller, and Seller may choose, in Seller's sole discretion, to proceed with
the Closing despite having knowledge that one or more of the above conditions have not
been satisfied.
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SECTION 10. CLOSING DATE. The Closing of this transaction shall occur on or
prior to November 30, 2018, on a date selected by Buyer (`Closing Date ") that is within
sixty (60) Days after satisfaction (or waiver by Buyer) of the conditions set forth in
Section 8 above. Buyer shall provide Seller with not less than ten (10) Days advance
written notice of the Closing Date. The Closing shall occur at a mutually acceptable time
(anticipated to be approximately 10:00 A.M) on the Closing Date in the Office of the City
Attorney, or at such other location and time as shall be approved by Buyer and Seller.
SECTION 11. CLOSING DELIVERABLES & MECHANICS.
A. Seller's Obligations at Closing. On the Closing Date, Seller shall sell and convey the
Property to Buyer by delivering or causing to be delivered to Buyer the following:
I. The duly executed and acknowledged Deed conveying to Buyer the Property in
accordance with the provisions of this Contract;
2. A mechanic's lien affidavit executed by a representative of Seller, satisfactory to
the Title Company, and to the effect that no work has been performed on the
Property by Seller in the one hundred twenty -five (125) Days immediately
preceding the Closing Date that could result in a mechanic's lien claim, or, if such
work has been performed, it has been paid for in full;
3. Such evidence and documents including, without limitation, a certified copy of
the ordinance adopted by Seller, as may reasonably be required by the Title
Company evidencing the authority of the person(s) executing the various
documents on behalf of Seller in connection with its sale of the Property;
4. A written certification that Seller's representations and warranties in Section 15 of
this Agreement remain true and correct as of the Closing;
5. A duly executed counterpart of a Closing Statement; and
6. Any other items required to be delivered pursuant to this Contract or other items
reasonably required by the Title Company and that do not include the payment of
money, indemnity, or assumption of any liability or obligation.
B. Buver's Obligations at Closing. At the Closing, Buyer shall Purchase the Property
from Seller for the Purchase Price by executing and delivering the Promissory Note
and Security for Promissory Note to Seller.
C. Prorated Expenses. At Closing, real property taxes (if any), stone water utility fees,
and solid waste fees shall be prorated with Seller responsible for all periods prior to
Closing and Buyer being responsible for all periods thereafter. The settlement of any
such amounts between Buyer and Seller shall occur at Closing or as soon as
reasonably possible thereafter.
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D. Title Policy. Buyer shall cause the Title Company to issue and deliver the Title
Policy to Buyer after the Closing Date.
E. Buyer's Expenses. Buyer shall pay for (i) the cost of all Buyer's investigations of the
Property including but not limited to Buyer's examination of title; (ii) all attorney's
fees and expenses incurred by legal counsel to Buyer; (iii) any Grantee's tax and
recording costs required to be paid in connection with the recording of the Deed; and
(iv) the title insurance premiums for issuance of the Title Policy.
F. Seller's Expenses. Seller shall pay (i) the Grantor's tax, if any; and (ii) all attorney's
fees and expenses incurred by legal counsel to Seller, if any.
G. Possession. Seller shall deliver exclusive possession of the Property to Buyer on the
Closing Date, subject to the provisions of this Contract.
H. Substitution of Security for Promissory Note. Buyer may substitute a new Security
for Promissory Note upon at least thirty (30) Days prior written notice to Seller (e.g.
replace a deed of trust with a letter of credit, etc.) that meets the requirements of the
definition of "Security for Promissory Note." Seller agrees to cooperate with any such
substitution, provided, however, Seller shall have thirty (30) days to review the
proposed new Security for Promissory Note to confirm that the proposed new
Security for Promissory Note satisfies the requirements of Security for Promissory
Note. If Buyer proposes to provide a deed of trust as new Security for Promissory
Note, Buyer shall, at its sole cost and expense, obtain the subordination of all deeds of
trusts, liens, and encumbrances, and restrictions on the Property created or suffered
by Buyer. Such subordination shall be in a forth acceptable to Seller. The provisions
of this Section I I.H shall survive the Closing.
SECTION 12. CONDEMNATION. Seller has no actual knowledge of any pending or
threatened condemnation of the Property. However, if, after the date hereof and prior to
the Closing Date, all or any part of Property is subjected to a bona fide threat of
condemnation or condemned or taken by a body having the power of eminent domain or
a transfer in lieu of condemnation. Seller shall promptly notify Buyer thereof in writing
and within thirty (30) Days after receipt of written notice to Buyer, Buyer may by written
notice to Seller elect to cancel this Contract prior to the Closing Date, in which event all
parties shall be relieved and released of and from any further duties, obligations, rights,
or liabilities hereunder, and this Contract shall be deemed terminated and of no further
force and effect. If no such election is made by Buyer to cancel this Contract, this
Contract shall remain in full force and effect and the purchase contemplated herein, less
any interest taken by condemnation or eminent domain, shall be effected with no further
adjustments, and on the Closing Date, Seller shall assign, transfer, and set over to Buyer
all of the right, title, and interest of Seller in and to any awards that have been or that may
thereafter be made for any such taking or takings.
SECTION 13. RISK OF LOSS. Risk of Loss by fire or other casualty shall be on
Seller until Closing is completed, subject only to Buyer's obligations under this
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Agreement. If the Property is substantially damaged or destroyed before Closing by such
casualty, then Buyer may cancel this Contract by giving Seller written notice of such
cancellation, and neither party will have any further obligations to the other (except as
otherwise specifically provided in this Agreement) and Seller shall not be liable to Buyer
for any failure to deliver the Property to Buyer. In the event that this Contract is
cancelled pursuant to this Section 13, the Earnest Money shall be returned to Buyer.
SECTION 14. NO BROKERS OR FINDERS. Buyer has not incurred any liability or
obligation — whether contingent or otherwise — for a brokerage commission, a finder's
fee, or any other similar payment in connection with this Agreement or the transaction
contemplated herein. Seller has not incurred any liability or obligation — whether
contingent or otherwise— for a brokerage commission, a finder's fee, or any other similar
payment in connection with this Agreement or the transaction contemplated herein.
SECTION 15. SELLER'S REPRESENTATIONS AND WARRANTIES.
A. Subject only to the representations and warranties set forth in Section 15.B.
below, Seller's other representations and warranties in this Agreement, and
Seller's representations and warranties in any instruments delivered by Seller to
Buyer at Closing, including, without limitation, the Deed, Buyer's purchase of the
Property will be "AS IS ".
B. Seller represents and warrants as of the Execution Date and as of the Closing, to
Buyer with respect to the Property that:
Title. Seller is the legal and beneficial fee simple titleholder of the
Property and has good, marketable title to the Property, free and clear of
all liens, encumbrances, claims, covenants, conditions, restrictions,
casements, rights of way, options, judgments, or other matters, created by
Seller, subject to all matters disclosed by the Title Report and the Plat.
Seller will convey title to the Property to Buyer subject to the special
warranty covenants and free of encumbrances created or suffered by Seller
except for such encumbrances that constitute Permitted Encumbrances.
Condemnation. Seller has no knowledge of any pending or threatened
proceedings for condemnation or the exercise of the right of eminent
domain as to any part of the Property or the limiting or denying of any
right of access thereto.
Special Taxes. Seller has no knowledge of, nor has it received any notice
of, any other special taxes or assessments relating to the Property or any
part thereof.
4. Hazardous Materials. Seller makes no warranties, covenants, or
representations of any type regarding hazardous materials of any type.
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5. No Leases. There are no leases of or affecting the Property.
6. Access. Ingress to and egress from the Property is available and provided
through Blue Hills Drive, N.E. The Property has usable frontage and legal
access to said road.
7. No Conflicts. Seller's execution and performance of this Agreement does
not: (i) breach any other agreement to which Seller is a party; or (ii)
violate any law, judgment, or order to which Seller is subject.
8. No Notice of Violations. Seller has received no notice of any violation of
zoning requirements or other ordinances, rules or regulations with respect
to the Property.
9. Services to Property. The Property is serviced by sewer and water lines
that are stubbed to the Property. Electric, natural gas, and
telecommunication services are available to the Property. Seller makes no
representation, warranty, or covenant regarding the capacity, condition,
suitability for Buyer's intended use of the Property or the Facility.
10. No Lttmation. There is no litigation, claim, or arbitration, pending or, to
the knowledge of Seller's City Manager or Seller's City Attorney,
threatened, with regard to the Property.
The representations and warranties in Subsections 15.62 through 15.13. 10 above
shall all survive the Closing.
SECTION 16. DEFAULT OF CLOSING OBLIGATIONS.
A. In the event that the Closing does not occur by reason of any default by Seller,
Buyer shall be entitled to return of the Earnest Money and shall also have the
right to pursue the remedy of specific performance of this Contract. These
remedies shall be the sole remedies available to Buyer for Seller's breach of
Seller's closing obligations.
B. In the event that the Closing does not occur by reason of any default by Buyer,
Buyer and Seller agree that it would be impractical and extremely difficult to
estimate the damages that Seller may suffer. Therefore, Buyer and Seller agree
that a reasonable estimate of the total net detriment that Seller would suffer if
Buyer defaults and fails to complete the purchase of the Property is and shall be,
and Seller's sole and exclusive remedy (whether at law or in equity) shall be, an
amount equal to the Earnest Money. This amount shall be the full, agreed, and
liquidated damages for the breach of this Agreement by Buyer (excluding Buyer's
breach of any of the Restrictive Covenants), all other claims to damages or other
remedies being herein expressly waived by Seller. The retention by Seller of the
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Final Draft (11- 10 -17)
Earnest Money as liquidated damages is not intended as a forfeiture or penalty,
but is intended to constitute liquidated damages to Seller.
SECTION 17. LIMITS ON ASSIGNMENT. Each parry agrees not to assign or
transfer any part of the party's rights or obligations under Sections 2 through 16 of this
Contract without the prior written consent of the other party, which consent shall not be
unreasonably withheld, and any such assignment shall not relieve the assigning party
from any of its obligations under this Contract, except that Parent may close the
acquisition of the Property through, or transfer the Property to, a wholly owned
Subsidiary without Seller's consent. Parent shall provide Seller notice of such
assignment to a wholly owned Subsidiary ten (10) Days before such assignment is
effective. Parent and the Subsidiary shall be jointly and severally liable as Buyer. For
avoidance of any doubt, an assignment does not include any transfer of a minority
interest in the shares or other ownership interests of Buyer, regardless of whether the
transfer occurs voluntarily or involuntarily, by operation of law, or because of any act or
occurrence.
SECTION 18. BUYER POST- CLOSING COVENANTS. Buyer acknowledges and
agrees that a part of the consideration for Seller is Buyer's commitment, following
completion of the Closing, to develop the Project in accordance with the Proposal and to
perform the following post - closing covenants ( "Buyer Post - Closing Covenants ") in
accordance with the terms and conditions set forth in this Contract
A4 Proieet. Buyer will (i) develop the Property substantially in accordance with the
Proposal and the Plans, and in accordance with all applicable environmental and
other laws; and (it) develop the Property in accordance with all applicable federal,
state, and local laws, ordinances, and regulations, including all applicable
licensing requirements.
B. Restrictive Covenants
Construction. Buyer will commence Construction Activity, in accordance
with the Proposal and Plans, by the Commencement Date, and will
diligently continue to construct the Project, subject to delays caused by
events set forth in Section 32 of this Contract. Completion of the Project
shall be pursued diligently by Buyer, subject to delays caused by the
events set forth in Section 32 of this Contract.
Minimum Investment. Buyer will invest a minimum of $7,000,000 in
building construction and equipment at the Property in connection with the
Project ( "Minimum Investment ") by the Production Date. The Minimum
Investment shall not include the amount of the Purchase Price. Within
ninety (90) Days after the issuance of the final certificate of occupancy for
the Facility by the City of Roanoke Planning, Building and Development
Department for the use, occupancy and operation of the Facility, Buyer
shall certify, in writing, to the City the amount invested by Buyer in
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Final Draft (II- 10 -17)
building construction and equipment at the Property in connection with the
Project ( "Buyer's Investment "). The certification shall include an
itemization of these costs in reasonable detail certified by the Director of
Finance (or other senior level officer) of Buyer.
Completion. The Facility shall be Substantially Completed and
production and sale of product at the Facility shall commence by the
Production Date.
Minimum Employment. Buyer shall employ at least 40 Full -Time
Employees at the Facility as of the third year anniversary of the
Production Date and maintain at least 40 Full -Time Employees for the
immediately following two (2) year period. Buyer shall certify to the City
on or about the third year anniversary date of the Production Date the
number of Full -Time Employees at the Facility on that date and shall
certify on or about each of the fourth and fifth year anniversary dates of
the Production Date the number of Full -Time Employees at the Facility on
each such subsequent anniversary date of the Production Date, which mast
be not less than 40 Full -Time Employees.
5. Survival of Restrictive Covenants. Buyer agrees that the Restrictive
Covenants shall be recorded either directly or by reference in the Deed,
shall survive Closing, and shall be binding on Buyer's successors and
assigns. A copy of this Contract shall also be recorded with the Deed. The
Restrictive Covenants shall run with the land. On the written request of
Buyer after satisfaction of one or more Restrictive Covenants, the City
shall confirm the satisfaction of such Restrictive Covenants and, if one or
more Restrictive Covenants have been satisfied, the City shall execute and
deliver to Buyer a document in which the City acknowledges the
satisfaction of such Restrictive Covenants. Such document shall be in a
form suitable for recording in the Clerk's Office of the Circuit Court for
the City of Roanoke, Virginia. The form of the document shall be
approved by the City Attorney and shall acknowledge satisfaction of only
those Restrictive Covenants that have been satisfied and shall furtber
provide that any remaining Restrictive Covenants that have not been
satisfied remain in full force and effect. If requested by Buyer, the City
shall provide a separate document following the satisfaction of each of the
Restrictive Covenants. Buyer shall be responsible for the costs of
recording each such document.
C Limitations on Transfer. Buyer shall not sell, transfer, or otherwise dispose of the
Property, any portion of the Property, or any interest in the Property, other than a
deed of trust or mortgage in connection with the development and construction of
the Project, until the date of Substantial Completion. If Buyer conveys, transfers,
or attempts to convey or transfer the Property, any portion of the Property, or any
interest in the Property, such conveyance shall be deemed void and of no force or
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Final Draft (11- 10 -17)
effect, and Buyer shall remain bound by this Contract. Notwithstanding any of
the foregoing, there shall be no restriction on Buyer transferring the Property or
any interest therein at any time to any wholly owned subsidiary of Buyer, subject
to the terms of this Contract. In the event Buyer desires to obtain debt financing
and utilize the Property as collateral security for such debt financing, Seller agrees
to consent to such financing and allow Buyer to grant a deed of trust to the lender
to secure such financing, provided such deed of trust granted to the lending
institution shall be subordinate to any deed of trust granted by Buyer to Seller to
secure Buyer's obligations under the Promissory Note. In such event. Seller will
agree to accommodate requests of the lender to provide the lender with
commercially reasonable notice of a default by Buyer and providing the lender
with a commercially reasonable time period in which to make payment to Seller
of the amount then due under the terms of the Promissory Note, or to effectuate
any permissible cure of a non - payment default under Section 18.D.1 of this
Agreement, before Seller initiates foreclosure proceedings.
D. Default and Remedies: The liabilities of Buyer under this Contract for any breach
or default of any of the Buyer Post - Closing Covenants, and Seller's remedies for
any breach or default of any of the Buyer Post - Closing Covenants under this
Contract, shall be as follows:
If Buyer is in material breach of any of Buyer's obligations under Section
18.A., and fails to cure such breach within 30 Days after receipt of written
notice from Seller specifying the nature of the breach with reasonable
particularity, Buyer shall be deemed to be in default of such obligation(s);
provided that if the breach is of such a nature that it cannot be completely
remedied within the 30 -Day period, Buyer shall not be in default if Buyer
begins correction of the breach within the 30 -Day period and thereafter
proceeds with reasonable diligence and in good faith to effect the remedy
as soon as practicable. If Buyer is in default of any of Buyer's obligations
under Section 18.A., Seller's sole and exclusive remedy with respect to
this Contract shall be to accelerate payment under the Promissory Note
and demand payment in full of the unpaid principal balance of the
Promissory Note, together with all accrued and unpaid interest thereon,
and in the absence of payment in fill, exercise all remedies available to
Seller to collect the unpaid principal balance and accrued but unpaid
interest due under the Promissory Note.
The parties acknowledge and agree that Buyer and the Project are subject
to all applicable land use and development laws, ordinances, and
regulations of the City, and the City's enforcement of such laws,
ordinances, and regulations are not affected in any way by this Contract.
The notice provision contained herein and the remedy set forth herein
shall not affect, alter, or limit the City's enforcement of all applicable
laws, rules and regulations or compelling compliance with approvals
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Final Draft (11- 10 -17)
issued by any department of the City, including notice of violations of any
applicable ordinances, regulations, and rules.
If Buyer is in default of any of Buyer's obligations under Section IS.B,
Seller's sole and exclusive remedies with respect to such defaults) under
this Contract shall be to accelerate payment of the remaining unpaid
balance due under the Promissory Note together with accrued but unpaid
interest thereon, and demand payment in full of the unpaid principal
balance of the Promissory Note, together with all accrued but unpaid
interest thereon; provided that, if Buyer fails to honor the demand and pay
in full the unpaid principal balance of the Promissory Note, together with
interest thereon, Seller shall have all remedies available to Seller to collect
all amounts then due under the Promissory Note, including exercising its
rights against the Security for Promissory Note.
3. If Buyer is in default of any of Buyer's obligations under Section 18,
Seller may seek relief from the Circuit Court of the City of Roanoke,
Virginia, to enforce Seller's remedies under this Section 18.D.
SECTION 19. NOTICES. All notices hereunder must be in writing and shall be
deemed validly given, by personal service, if sent by certified mail, return receipt
requested, or by a nationally recognized overnight courier, addressed as follows (or any
other address the party to be notified may have designated to the sender by like notice):
If to Seller: City of Roanoke,
ATTN: City Manager
364 Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Fax No. 540-853-2333
With a Copy to: City of Roanoke Department of Economic Development
ATTN: Economic Development Director
117 Church Avenue, S.W.
Roanoke, Virginia 24011
Fax No. 540-853-1213
If to Buyer: Durant Kombucha LLC
ATTN: CEO
20720 NE Brinson Blvd.
Bend, Oregon 97701
With a Copy to: Kamopp Petersen LLP
ATTN: Jon J. Napier
360 SW Bond Street, Suite 400
Bend, Oregon 97702
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Notice shall be deemed delivered on the date of personal service, five days after deposit
in the United States mail, or the day after delivery to a nationally recognized overnight
courier.
SECTION 20. TIME. Time is of the essence in the performance of the parties'
respective obligations in this Contract.
SECTION 21. SUCCESSORS AND ASSIGNS. This Contract shall inure to the
benefit of and be binding on the parties hereto and their respective successors and
permitted assigns.
SECTION 22. COUNTERPART COPIES. This Contract may be executed in one or
more counterparts, and all such counterparts so executed shall constitute one Contract
binding on all of the parties hereto, notwithstanding that all of the parties are not
signatories to the same counterpart.
SECTION 23. CONSTRUCTION. The parties acknowledge that each party and its
counsel have reviewed and revised this Contract and that the normal rule of construction
to the effect that any ambiguities are to be resolved against the drafting party shall not be
employed in the interpretation of this Contract or any amendments or exhibits hereto.
SECTION 24. SEVERABILITY. If a provision of this Agreement is determined to be
unenforceable in any respect, the enforceability of the provision in any other respect and
of the remaining provisions of this Agreement shall not be impaired.
SECTION 25. COOPERATION. Each party agrees to cooperate with the other in a
reasonable manner to carry out the intent and purpose of this Contract.
SECTION 26. AUTHORITY TO SIGN. The persons who have executed this Contract
on behalf of the parties represent and warrant they are duly authorized to execute this
Contract on behalf of their respective entity.
SECTION 27. NONWAIVER. Each party agrees that any party's waiver or failure to
enforce or require performance of any term or condition of this Contract or any party's
waiver of any particular breach of this Contract by any other party 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 Contract or a waiver of any other breaches of the Contract by any
party and does not bar the non - defaulting party from requiring the defaulting party to
comply with all the terms and conditions of this Contract and does not bar the non -
defaulting party from asserting any and all rights and /or remedies it has or might have
against the defaulting party under this Contract or by law.
SECTION 28. FAITH BASED ORGANIZATIONS. Pursuant to Virginia Code
Section 2.2-4343.1, be advised that the Citv does not discriminate against faith -based
organizations.
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SECTION 29. NONDISCRIMINATION. In performing Buyer's Post - Closing
Covenants:
A. Buyer 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 stale law relating to discrimination in employment, except where there is a
bona fide occupational qualification reasonably necessary to the normal operation of
Buyer. Buyer agrees to post in conspicuous places, available to employees and applicants
for employment, notices setting forth the provisions of this nondiscrimination clause.
B. Buyer in all solicitations or advertisements for employees placed by or on behalf
of Buyer will state that Buyer is an equal opportunity employer.
C. Notices, advertisements 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.
COMMONWEALTH OF VIRGINIA. Buyer shall comply with the provisions of
Virginia Code Section 2.2- 4311.2, as amended, which provides that a contractor
organized as a stock or nonstock corporation, limited liability company, business tmst, or
limited partnership or registered as a registered limited liability partnership shall be
authorized to transact business in the Commonwealth of Virginia as a domestic or foreign
business entity if so required by Title 13.1 or Title 50 or as otherwise required by law.
Buyer agrees not to allow its existence to lapse or its certificate of authority or
registration to transact business in the Commonwealth of Virginia, if so required under
Title 13.1 or Title 50, to be revoked or cancelled at any time before the date the
Promissory Note is paid in full, and to promptly cure any such lapse, revocation or
cancellation following notice from Seller. It shall be a condition of Seller's closing
obligations under Section 9 above that Buyer not be in breach of this Section 30. If
Buyer is in breach of this Section 30 after Closing, Buyer shall be deemed to be in breach
of Buyer's obligations under Section 18.A, and Seller's remedy shall be as set forth in
Section IS.D.1 above.
SECTION 31. APPROPRIATION OF FUNDS. All obligations or fundings
undertaken by Seller in connection with this Contract are subject to the availability of
funds and the appropriation of such funds by City Council as may be necessary for such
obligations or funding. The City Manager shall include funding for the Seller's
obligations under this Agreement in each annual budget proposed by the City Manager.
If any such funding is not approved, withdrawn, or otherwise not made available for this
Contract, with the result that Seller is unable to perform its obligations under this
Contract, Seller shall provide Buyer with written notice of such unavailability of funding.
SECTION 32. FORCE MAJEURE. Neither party shall be in default or otherwise
liable for any delay in or failure of its performance under this Contract if such delay or
20
Final Draft (11- 10 -17)
failure arises by any reason beyond its reasonable control, including any act of God, any
acts of common enemy, the elements, earthquakes, floods, fires, epidemics, riots, strikes,
failures or delay in transportation or communication, shortages of material, approval
delays or any act or failure to act by the other party or such other party's employees,
agents or contractors; provided, however, that Buyer's lack of funds shall not be deemed
to be a reason beyond Buyer's reasonable control. The Parties shall promptly inform and
consult with each other as to any of the above causes which in their judgment may or
could be the cause of a delay in the performance of this Agreement.
For purposes of this Contract, any one (l) delay caused by any such occurrence shall not
be deemed to last longer than six (6) months and the party claiming delay caused by any
and all such occurrences shall give the other party written notice of the same within 30
days after the date such claiming party learns of such occurrence. Notwithstanding
anything else set forth above, after a total of twelve (12) months of delays of any type
have been claimed by a party as being subject to force majeure, no further delays or
claims of any type shall be claimed by such party as being subject to force majeure and /or
being an excusable delay.
SECTION 33. ENTIRE CONTRACT. This Contract, including, without limitation, its
exhibits and other attachments, contains the entire understanding of the parties regarding its
subject matter and supersedes all prior and contemporaneous negotiations and agreements,
whether written or oral, between the parties with respect to its subject matter. Without
limitation, and for avoidance of any doubt, the preceding sentence shall not operate to
invalidate or supersede any separate agreements between the parties regarding the
Incentives or the Confidentiality and Nondisclosure provisions of the LOL No
amendment to this Contract shall be valid unless made in writing and signed by the
parties.
SECTION 34. FORUM SELECTION AND CHOICE OF LAW. By virtue of
entering into this Contract, the parties agree and submit themselves to a court of
competent jurisdiction, which shall be the Circuit Court or General District Court for City
of Roanoke, Virginia, and further agree that this Contract is controlled by the laws of the
Commonwealth of Virginia, with the exception of Virginia's conflict of law provisions
which shall not apply, and that all claims, disputes and other matters shall be decided
only by such court according to the laws of the Commonwealth of Virginia as aforesaid.
Each party further waives and agrees not to assert in any such action, suit or proceeding,
that the party is not personally subject to the jurisdiction of such courts, that the action,
suit or proceeding, is brought in an inconvenient forum or that the venue of the action,
suit or proceeding, is improper.
SIGNATURE PAGE TO FOLLOW
21
Final Draft (11- 10 -17)
IN WITNESS WHEREOF, Buyer and Seller have executed this Contract by their
authorized representatives effective as of the Effective Date.
ATTEST: CITY OF ROANOKE, VIRGINIA
City Clerk
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE, to -wit:
By
Robert S. Cowell, Jr., City Manager
The foregoing instrument was acknowledged before me this _ day of .2017, by
Robert S. Cowell, Jr., City Manager for the City of Roanoke, Virginia, a Virginia
Municipal Corporation, for and on behalf of said municipal corporation.
My commission expires:
Notary
SEAL
WITNESS /ATTEST: HUMM KOMBUCHA LLC
on behalf of itself and its subsidiaries and
and affiliates that may be created to own
and /or operate the Facility
By
Jamie Danes, CEO
To -Wit:
The foregoing instrument was acknowledged before me this _day of , 2017,
by Jamie Danes, CEO of Humm Kombucha LLC, an Oregon Limited Liability
Company, for and on behalf of Humm Kombucha LLC.
My commission expires:
Public
SEAL
22
Final Draft (11-10-17)
Approved as to Fonn: Approved as to Execution:
Assistant City Attorney Assistant City Attorney
Authorized by Ordinance No.
23
Final Draft (11- 10 -17)
EXHIBIT I TO CONTRACT FOR PURCHASE AND SALE OF REAL
PROPERTY
Legal Description Of Real Property
Roanoke Official Tax Map No. 7230103
ALL OF THAT CERTAIN PARCEL OF REAL ESTATE known as New Tract A
(containing 12.042 acres) southern side of Blue Hills Drive, as shown on plat prepared by
Lumsden Associates, P.C. entitled: "Plat Showing the Resubdivision of a 116.048 Acre
Tract, Creating hereon New Tract "A" (12.042 Acres), Tract "B" (7.423 Acres), Tract
"F" (18.437 Acres), "Utility Lot 1" (0.331 Acres), "Utility Lot 2" (0.332 Acres) &
Dedicating 3.711 Acres for the Right -of-Way of Blue Hills Drive, and Leaving 73.772
Acres of Remaining Property of the City of Roanoke, Virginia" dated December 6, 2001,
stamped February 20, 2002, and recorded in the Clerk's Office of the Circuit Court of the
City of Roanoke, Virginia at Map Book 1, Page 2408.
TOGETHER WITH AND SUBJECT TO the perpetual easements through, over and
across the properties partitioned to Anderson Wade Douthat, James Fielding Douthat and
Nancy Goss in Decree of Partition dated November 30, 1982, recorded in Deed Book
1482, page 24, which shall be appurtenant to the titles thereto for the installation,
maintenance and repair of all water lines and fixtures presently existing or reasonably
required for the use and development of said lands.
TOGETHER WITH AND SUBJECT TO all of the rights, interest & privileges contained
in a certain contract of Lease dated December 28, 1939, between Alice Huff Johnson, et.
vir., Lessors, and J. N. Phelps, Lessee, recorded in Roanoke County in Deed Book 276,
page 480 and modified by subsequent Agreement dated June 15, 1945, recorded in Deed
Book 324, page 363, which Agreement was referenced in Decree of Partition recorded in
Deed Book 1482, page 24.
BEING A PORTION of the property conveyed to Seller by (i) deed dated October 2,
1989, from Anderson Wade Douthat, III, and Frances Brown Douthat, recorded in the
Office of the Clerk of the Circuit Court of the City of Roanoke, Virginia in Deed Book
1610, Page 205; (it) deed of correction dated October 3, 1989, from Nancy D. Goss, L.W.
Goss, James F. Douthat, Ann Scott Douthat, Anderson Wade, Douthat 111, and Frances
Brown Douthat recorded in the Office of the Clerk of the Circuit Court of the City of
Roanoke, Virginia in Deed Book 1612, Page 1155; (iii) decd dated June 22, 1990, from
Nancy D. Goss and L.W. Goss, James F. Douthat and Ann T. Douthat, recorded in the
Office of the Clerk of the Circuit Court of the City of Roanoke, Virginia in Deed Book
1624, Page 1883; and (iv) deed dated August 14, 1992, from Annalee Huffman, Paul
Huffman, Wilmer Conner, Christine Conner, Ruby M. Gibson, Sam W. Gibson, Douglas
Conner, Martha J. Conner, and Ruby M. Gibson, recorded in the Office of the Clerk of
the Circuit Court of the City of Roanoke, Virginia in Deed Bock 1671, Page 1083.
The description of the Real Property will be amended to reflect the description
established by the final survey obtain by Buyer, and approved by Seller.
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Final Draft (11-10-17)
EXHIBIT 2 TO CONTRACT FOR PURCHASE AND SALE OF REAL
PROPERTY
Buyer's Proposal
(1 page)
25
Final Draft (11-10-17)
Proposal for a
Production Brewery
In Roanoke, VA
Humm Kombucha LLC of Bend, Oregon proposes to construct a kombucha
production brewery in Roanoke, Virginia on property located at 1950 Blue Hills
Drive, N.E., (Official Tax Map No. 7230103). The proposed brewery is intended
to produce, bottle, and distribute finished product across the eastern United
States. Potential export of finished product to Canada and Europe is possible.
The production brewery is expected to employ 46 full time workers by year
three of production as reflected on the following annual labor estimates.
Estimated total investment in the production brewery is $10,000,000 consisting
of the following components:
Building Construction and Upfits $3,650,000
Coolers $ 500,000
Production - Related Machinery and Equipment $5,500,000
Furniture Fixtures and Equipment $350,000
Total Investment $10,000,000
K.1
Year 1
Year 2
Year 3
Head Brewer
1
1
1
Brewers
4
4
9
Material Handlers
1
2
4
Packaging
10
15
SupplyChain
1
1
Logisfics Manager
1
1
Armin
1
1
1
Accounting
1
1
Facility Manager
1
1
2
Maintenance
1
3
5
Sanitafion
2
4
6
11
29
46
Estimated total investment in the production brewery is $10,000,000 consisting
of the following components:
Building Construction and Upfits $3,650,000
Coolers $ 500,000
Production - Related Machinery and Equipment $5,500,000
Furniture Fixtures and Equipment $350,000
Total Investment $10,000,000
K.1
Final Draft (II- 10 -17)
EXHIBIT 3 TO CONTRACT FOR PURCHASE AND SALE OF REAL
PROPERTY
Form of Deed of Trust
27
Final Draft (11-10-17)
Prepared by
Laura M. Carini
Assistant City Attomev
VSB 493116
Office of the City Attorney
Noel C. Taylor Municipal Building
215 Church Avenue, Sw, Room 464
Roanoke, VA 24011
DEED OF TRUST
THIS DEED OF TRUST is made and entered into this day of , 20
( "Effective Date "), by and among [HUMM KOMBUCHA LLC or its SUBSIDIARY]
( "Grantor "), whose mailing address is 20720 NE Brinson Blvd, Bend, Oregon 97701; DANIEL
J. CALLAGHAN, ESQ. and DAVID L. COLLINS, ESQ., Trustees, residents of the City of
Roanoke, Virginia, whose addresses are Roanoke City Attorney's Office, Room 464, Noel C.
Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, ( "Trustees "),
(Grantee for purposes of indexing); and the CITY OF ROANOKE, VIRGINIA, a Virginia
municipal corporation, (`Beneficiary" or "City "), whose address is Noel C. Taylor Municipal
Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011;
WITNESSETIL
WHEREAS, Grantor, as Buyer, and Beneficiary, as Seller, entered into a Contract for
Purchase and Sale of Real Property ( "Contract ") dated , for the sale by City to Grantor
of that certain lot or parcel of land, with all improvements thereon and appurtenances thereunto
belonging, situate, lying and being in the City of Roanoke, Virginia, more particularly described
in Schedule A, attached hereto and made a part hereof, and commonly known as Tract A, 1950
Blue Hills Drive, N.E., Roanoke, VA 24012, Roanoke Official Tax Map No. 7230103 (the "Real
Property");
WHEREAS, Grantor acquired the Real Property from Beneficiary by deed of Beneficiary
dated and recorded in the Clerk's Office of the Circuit Court for the City of Roanoke as
Instrument No. on
WHEREAS, the sale price of the Real Property was 5943,400, and the Grantor executed
a Nonnegotiable Promissory Note dated 1 , in the principal amount of
$943,400 ( "Note "), obligating Grantor to pay City, subject to the terms of the Note, the principal
amount together with accrued interest at the rate of one percent (1 %) per annum, as set forth in
the Note; and
WHEREAS, Grantor desires to convey this Deed of Trust unto the Trustees to secure the
Note, as required by the terms of the Contract.
NOW, THEREFORE, FOR AND IN CONSIDERATION of the sum of Ten and no /100
Dollars ($10.00), the mutual agreements contained herein, the above recitals which are
incorporated herein by reference, and other good and valuable consideration, the receipt and
Deed afTrust
Final Draft (II- 10 -17)
sufficiency of which are hereby acknowledged, and to secure the Obligations (as that term is
defined below), the Grantor does hereby GRANT and CONVEY, by General Warranty with
English covenants of Title, unto the Grantee, as Trustees, with the power of sale, the Real
Property.
TOGETHER WITH all buildings, improvements, and fixtures (subject to the limitations
below in this paragraph) now or hereafter erected thereon, and also together with all easements
relating to the Real Property, as well as any unearned hazard insurance premium with respect to
such property, all of which are hereby pledged, assigned, transferred and set over unto the
Trustees, whether now due or hereafter to become due. All of the foregoing realty and personalty
are hereafter sometimes referred to collectively as the "Property." Notwithstanding any of the
foregoing and without limitation, the Property specifically excludes (i) any and all process
manufacturing equipment and trade fixtures; and (ii) regardless of whether permanently affixed
to the Real Property, the following equipment and fixtures: water filters, kettles, hot water
heaters. HVAC specific to creating fermenation environment, fermentation tanks, bright tanks,
all components of the packaging line, cold storage facilities and related infrastructure
(collectively, the "Excluded Assets "). The Excluded Assets are not a part of the Property and
shall not constitute collateral for any of the Obligations (as that tern is defined below).
AND, as additional security for the payment obligations of Grantor set forth in the Note
and the payment and performance of Grantor's obligations set forth in this Deed of Trust
(collectively, the "Obligations- "), the Grantor hereby transfers, sets over, and assigns to the
Trustees all judgments, awards of damages, settlements and compensation made in connection
with or in lieu of a) any taking of the Real Property by or under assertion of the power of
eminent domain, b) any damage to or destruction of the Real Property by insured casualty, and c)
any other injury or damages to the Real Property, The Trustees are authorized and empowered
(but not required) to collect and receive any such sums and, if collected and received, shall apply
such sums in whole or in part to the reduction of the payment and performance of the
Obligations.
IN TRUST for the benefit of the City of Roanoke, Virginia as beneficiary to secure the
Beneficiary, its successors and assigns, the payment and performance of the Obligations.
The parties agree that all capitalized terms not defined in this Deed of Trust shall have the
meanings ascribed to such terms as set forth in the Contract; a copy of the Contract is attached to
this Deed of Trust as Attachment 1 attached hereto. This Deed of Trust is made and shall be
construed in accordance with and under the provisions of Sections 55 -59, 55 -59.1 through 55-
59.4 and 55 -60, of the Code of Virginia (1950) as amended. This Deed of Trust shall be
govemed by the laws of the Commonwealth of Virginia, with venue being in a state court of
competent jurisdiction in the City of Roanoke, Virginia.
A "Material Default" shall exist if Grantor: (i) fails to pay any amount due and payable
under the Note or this Deed of Trust within thirty (30) days of Grantor's receipt of written notice
from Beneficiary specifying the payment default or (it) breaches any of Grantor's obligations
under this Deed of Trust (excluding any payment obligations), and fails to cure such breach
within 30 days after receipt of written notice from Beneficiary specifying the nature of the
broach with reasonable particularity, provided that if the breach is of such a nature that it cannot
be completely remedied within the 30 -day period, this provision shall be complied with and a
Deed of Trust
Final Drag (11- 10 -17)
"Material Default" shall not exist if Grantor begins correction of the breach within the 30 -day
period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy
as soon as practicable.
If a Material Default exists, then, to the extent permitted by applicable law under the
power of sale, the Beneficiary may, at its option, direct Trustees to take possession of all or any
portion of the Property and proceed to sell the same as a whole or in parts or parcels, at public
auction, for cash or credit, upon reasonable and appropriate terms, and to have Trustees take any
or all other actions set forth herein. To the extent permitted by applicable law, Grantor consents
that such sale may be made of the Property as a whole or in parcels, as Trustees, in their
reasonable discretion, may determine, and Grantor further consents that the sale may be on or off
the Real Property. The sale by Trustees of less than the whole of the Property shall not exhaust
the power of sale herein granted, and Trustees are specifically empowered to make a successive
sale or sales under such power until the whole of the Property shall be sold; and, if the proceeds
of such sale of less than the whole of the Property shall be less than the amount necessary to
satisfy the payment obligations of Grantor to Beneficiary secured by this Deed of Trust and the
expense of executing this Deed of Trust as provided herein, this Deed of Trust and the lien
hereof shall remain in full force and effect as to the unsold portion of the Propertyjust as though
no sale had been made; provided, however, that Grantor shall never have any right to require the
sale of less than the whole of the Property but Beneficiary shall have the right, at its sole
election, to request Trustees to sell less than the whole of the Property. The power of sale granted
herein shall not be exhausted by any sale held hereunder by Trustees or the Trustees' substitute
or successor, and such power of sale may be exercised from time to time and as many times as
Beneficiary may deem necessary until all of the Property has been duly sold and any amount
owing by Grantor to Beneficiary under the Note or this Deed of Trust has been fully paid.
Grantor represents and warrants that Grantor has title to the Real Property in fee simple as
conveyed by Beneficiary to Grantor, and has good right and power to convey the Real Property.
During the time period that any balance remains outstanding under the Note, Grantor further
covenants and agrees as follows:
(1) Grantor shall fully and promptly pay and perform all of Grantor's obligations
arising under this Deed of Trust when such performance is due.
(2) Grantor also shall pay, when due, all claims of every kind and nature which might
or could become a lien on the property or any part hereof having priority over the
lien of this Deed of Trust, and Grantor shall not at any time create or allow to
exist any lien on the Real Property having priority over the lien of this Deed of
Trust other than those specifically approved by Beneficiary; provided, however,
that the following are excepted from the foregoing: (a) Permitted Encumbrances;
(b) liens for taxes, assessments and other obligations which are not delinquent
although by law are given the status of a lien; and (c) such of the claims in
subsection (b) above during the time they are being contested by Grantor in good
faith and by appropriate legal proceedings, but Grantor shall post such security for
the payment of such contested claims as is requested by Beneficiary.
(3) Grantor will keep the Property in good repair and condition, reasonable wear and
tear excepted, and will not commit or permit any waste of the Real Property;
Deed of Trost
Final Draft (I1- 10 -17)
provided that the foregoing shall not prevent or restrict Grantor from developing
the Facility or undertaking activities on the Real Property in connection therewith.
Grantor shall comply with all applicable laws, ordinances, regulations, covenants,
conditions and restrictions affecting the Property, and not suffer or permit any
material violations thereof.
(4) (a) Beneficiary and its agents may make reasonable entries upon and inspections
of the Property on not less than two (2) working days prior written notice to
Grantor and specifying reasonable cause for the inspection. To the extent
permitted by law, and without waiving the defense of sovereign immunity,
Beneficiary shall be responsible for its own negligence while on the Property
under this provision. Beneficiary shall require any independent contractor
entering the Property for or on behalf of Beneficiary to have adequate liability
insurance that includes an indemnity for the benefit of Beneficiary and Grantor to
hold Beneficiary and Grantor harmless from acts and omissions of such
independent contractor while on the Property in connection with any inspection
conducted hereunder.
(b) The right of inspection provided for in Section 4 (a) above in no way limits the
Beneficiary, in its capacity as a municipal corporation, to regulate and enforce all
applicable land use and development regulations, including building codes, fire
and safety codes, and all other applicable land use and development laws,
ordinances, and regulations applicable to the Property and enforceable by the
City.
(5) Grantor shall maintain insurance for the full replacement cost of any
improvements on the Real Property.
(6) Grantor shall pay, when due, all taxes and assessments, both general and special,
ground rents, fines, penalties, impositions, levies, dues and charges of every type
or nature levied upon or assessed against the Real Property, including any
personal property included thereon, and shall annually provide to Beneficiary,
promptly following Beneficiary's request, evidence that all such payments have
been paid when due.
(7) Except with respect to a foreclosure as hereinafter provided (in which
event, Beneficiary shall be entitled to recover its reasonable attorneys' fees and
expenses), if any arbitration, action, suit, or proceeding is instituted to interpret,
enforce, or rescind this Deed of Trust, or otherwise in connection with the subject
matter of this Deed of Trust, the prevailing party on a claim will be entitled to
recover with respect to the claim, in addition to any other relief awarded, the
prevailing party's reasonable attorney's fees and other fees, costs, and expenses of
every kind directly related to such proceeding as determined by the presiding
officials or court, as applicable.
In the event of foreclosure hereunder, Beneficiary must give Grantor at least fourteen (14)
Deed of Trust
Final Draft(11- 10 -17)
days' written notice by certified or registered mail at Grantor's last known address prior to any
sale.
If Trustees are directed by Beneficiary to institute foreclosure hereunder, public
advertising has commenced, and the Property is redeemed by the makers or endorsers hereof
prior to sale, then Trustees shall be entitled to any actual reasonable out -of -- pocket costs or
expenses incurred by Trustees in connection with such foreclosure, including reasonable
attorneys' fees and expenses. In the event of redemption by Grantor, the Trustees shall not be
entitled to any commission. In the event of a sale at foreclosure, the Trustees shall be entitled to
a commission of three (3 %) percent of the gross sales price, in addition to recovery of the
Trustees' actual reasonable out -of- pocket expenses or costs, including reasonable attorneys' fees
and expenses.
If a Material Default exists, it shall be the duty of Trustees, upon written request of
Beneficiary, to sell the Real Property herein conveyed at public auction in the jurisdiction in
which the Real Property lies. But before executing this Deed of Trust, Trustees shall give notice
of the time, place and terms of sale by advertisement in a newspaper of general circulation in
such jurisdiction once per week for two consecutive weeks, and by such other advertisement as
Trustees deem fit.
If Grantor fails to perform any of the covenants and agreements contained in this Deed of
Trust or defaults on any deed of trust or similar instrument to which this Deed of Trust is
subordinated, or any action or proceeding is commenced which materially affects Beneficiary's
interest in the Property, the failure to pay delinquent taxes or insurance premiums, or the
commencement of a proceeding in eminent domain, insolvency, code enforcement or
arrangements or proceedings involving bankruptcy by Grantor, then Beneficiary, at Beneficiary's
option and with reasonable advance notice to Grantor, may make such appearances, disburse
such sums and take such actions as are reasonable to protect Beneficiary's interest, including but
not limited to payment of delinquent taxes or insurance premiums, disbursements of reasonable
attorney's fees and entry upon the Real Property to make repairs or to secure the same against
unauthorized entry and the elements.
Any amounts disbursed by Beneficiary pursuant to the preceding paragraph shall become
additional indebtedness of Grantor secured by this Deed of Trust. Unless Grantor and
Beneficiary agree to other terms of payment, such amounts shall be due and payable on
Beneficiary's written demand to Grantor, and shall bear interest from the date of disbursement at
the lesser of nine percent (9 %) per annum or the then highest jurisdictional rate applied by
Virginia Court.
Any forbearance by Beneficiary in exercising any right or remedy hereunder or otherwise
available by applicable law, shall not be a waiver of or preclude the subsequent exercise of any
such right or remedy. The procurement of insurance or the payment of taxes or other liens or
charges by Beneficiary pursuant to the terms of this Deed of Trust shall not be a waiver of any
right by Beneficiary to accelerate the maturity of the indebtedness secured by this Deed of Trust.
Except as otherwise provided in this Deed of Trust with respect to the right of the
Beneficiary to change or replace Trustees, Beneficiary may not assign or transfer all or any part
5
Deed of Trust
Final Draft (II- 10 -17)
of its rights under this Deed of Trust without the prior written consent of Grantor, which consent
Grantor may withhold in Grantor's sole discretion. Grantor shall not sell, convey, transfer or
dispose of the Real Property without first obtaining the written consent of Beneficiary, which
consent shall not be unreasonably withheld or delayed. Consent to one such transaction shall not
be deemed to be a waiver of the right to require such consent to future or successive transaction.
Grantor reserves the right to place subordinate deeds of trust and encumbrances on the Property
without securing consent from Beneficiary.
The covenants and agreements contained herein shall bind, and the rights hereunder shall
inure to, the respective authorized successors and assigns of Beneficiary and the respective
authorized successors and assigns of Grantor.
Beneficiary has that power and shall be entitled to, in its sole discretion and without
cause, successively to remove Trustees, or any successor Trustee, and to appoint another Trustee
or Trustees in the place and stead of Trustees or any successor Trustee, by written instrument
duly recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, any
such successor Trustee shall have the same title, authority, and power as the original Trustees
herein named.
The authority, power, and discretion heroinabovc granted to the Trustees may be
exercised by any of them, without the other, with the same effect as if exercised jointly by all of
them.
Within 30 days after the full payment or full satisfaction of any and all payment
obligations of Grantor set forth in the Note and this Deed of Trust, Beneficiary must cause
Trustees to release this Deed of Trust. Within 10 days after Beneficiary delivers the written
request to release this Deed of Trust to Trustees, Trustees must release this Deed of Trust and
record the release in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia.
Time is of the essence with respect to this Deed of Trust.
NOTICE —THE DEBT SECURED HEREBY IS SUBJECT TO CALL IN FULL OR THE
TERMS THEREOF BEING MODIFIED IN THE EVENT OF ANY SALE, REFINANCE
OR CONVEYANCE OF THE PROPERTY SECURED HEREBY.
Deed of Trust
Final Draft (11- 10 -17)
WITNESS the following signature of the duly authorized officer and seal effective as of the
Effective Date:
Grantor:
[HUMM KOMBUCHA LLC or SUBSIDIARY]
Printed Name:
Title:
STATE OF
To -wit
OF
The foregoing instrument was acknowledged before me this day of , 20 ,
by of [Humm Kombucha LLC or Subsidiary, for and on
behalf of Humor Kombucha LLC or Subsidiary]
My commission expires:
Notary Public
Deed of Trust
SEAL
Final Draft (11- 10 -17)
Trustees:
(SEAL)
Printed Name: Daniel J. Callaghan, Esq.
(SEAL)
Printed Name: David L. Collins, Esq,
COMMONWEALTH OF VIRGINIA:
To -wit:
CITY OF ROANOKE:
The foregoing instrument was acknowledged before me this day of , 20 ,
by Daniel J. Callaghan, Esq. Trustee.
My commission expires:
Notary
SEAL
COMMONWEALTH OF VIRGINIA:
To -wit
CITY OF ROANOKE:
The foregoing instrument was acknowledged before me this day of , 20 _
by David L. Collins, Esq. Trustee.
My commission expires:
Notary Public
Deed of Trust
SEAL
Final Draft (11- 10 -17)
Beneficiary:
CITY OF ROANOKE, VIRGINIA,
Virginia municipal corporation
Robert S. Cowell, Jr., City Manager
COMMONWEALTH OF VIRGINIA:
To -wit:
CITY OF ROANOKE:
The foregoing instrument was acknowledged before me this day of , 20
by Robert S. Cowell, Jr., the City Manager of the City of Roanoke, Virginia, for and on behalf of
the City of Roanoke, Virginia.
My commission expires:
Notary
Dccd of Trust
SEAL
Final Draft (II- 10 -17)
SCHEDULE A TO DEED OF TRUST CONVEYED BY [HUMM KOMBUCHA LLC
SUBSIDIARY]
LEGAL DESCRIPTION OF REAL PROPERTY
ROANOKE OFFICIAL TAX MAP NO. 7230103
ALL OF THAT CERTAIN PARCEL OF REAL ESTATE known as New Tract A (containing
12.042 acres) southern side of Blue Hills Drive, as shown on plat prepared by Lumsden
Associates, P.C. entitled: "Plat Showing the Resubdivision of a 116.048 Acre Tract, Creating
hereon New Tract "A" (12.042 Acres), Tract `B" (7.423 Acres), Tract `P" (18.437 Acres),
"Utility Lot 1" (0.331 Acres), "Utility Lot 2" (0.332 Acres) & Dedicating 3.711 Acres for the
Right-of-Way of Blue Hills Drive, and Leaving 73.772 Acres of Remaining Property of the City
of Roanoke, Virginia" dated December 6, 2001, stamped February 20, 2002, and recorded in the
Clerk's Office of the Circuit Court of the City of Roanoke, Virginia at Map Book 1, Page 2408.
TOGETHER WITH AND SUBJECT TO the perpetual easements through, over and across the
properties partitioned to Anderson Wade Douthat, lames Fielding Douthat and Nancy Goss in
Decree of Partition dated November 30, 1982, recorded in Deed Book 1482, page 24, which shall
be appurtenant to the titles thereto for the installation, maintenance and repair of all water lines
and fixtures presently existing or reasonably required for the use and development of said lands.
TOGETHER WITH AND SUBJECT TO all of the rights, interest & privileges contained in a
certain contract of Lease dated December 28, 1939, between Alice Hull Johnson, et. vir.,
Lessors, and J. N. Phelps, Lessee, recorded in Roanoke County in Deed Book 276, page 480 and
modified by subsequent Agreement dated June 15, 1945, recorded in Deed Book 324, page 363,
which Agreement was referenced in Decree of Partition recorded in Deed Book 1482, page 24.
BEING A PORTION of the property conveyed to Seller by (i) deed dated October 2, 1989, from
Anderson Wade Douthat, III, and Frances Brown Douthat, recorded in the Office of the Clerk of
the Circuit Court of the City of Roanoke, Virginia in Deed Book 1610, Page 205; (it) deed of
correction dated October 3, 1989, from Nancy D. Goss, L.W. Goss, James F. Douthat, Ann Scott
Douthat, Anderson Wade, Douthat 111, and Frances Brown Douthat recorded in the Office of the
Clerk of the Circuit Court of the City of Roanoke, Virginia in Decd Book 1612, Page 1155; (iii)
decd dated June 22, 1990, from Nancy D. Goss and L.W. Goss, James F. Douthat and Ann T.
Douthat, recorded in the Office of the Clerk of the Circuit Court of the City of Roanoke, Virginia
in Deed Book 1624, Page 1883; and (iv) deed dated August 14, 1992, from Annalee Huffman,
Paul Huffman, Wilmer Conner, Christine Conner, Ruby M. Gibson, Sam W. Gibson, Douglas
Conner, Martha J. Conner, and Ruby M. Gibson, recorded in the Office of the Clerk of the
Circuit Court of the City of Roanoke, Virginia in Deed Book 1671, Page 1083.
The description of the Real Property will be amended to reflect the description established by the
final survey obtain by Buyer, and approved by Seller.
10
Decd of Trust
Final Draft (I I - 10 -17)
ATTACHMENT
Contract for Purchase and Sale of Real Property dated , 2017
between Grantor and Beneficiary
(Copy of executed Contract to be attached to executed Deed of Trust)
Deed of Trust
Final Draft (11- 10 -17)
EXHIBIT 4 TO CONTRACT FOR PURCHASE AND SALE OF REAL
PROPERTY
Fomi of Letter of Credit
28
Final draft 11 -10 -2017
FORM OF IRREVOCABLE LETTER OF CREDIT
[Bank Letterhead]
2017
Irrevocable Standby Letter of Credit
Letter of Credit No.
Issue Date: , 2017
Expiry Date:
Amount: $943,400 (USD Nine Hundred Forty Three Thousand Four Hundred and 00 /100)
CITY OF ROANOKE, VIRGINIA
ROBERT S. COWELL, JR., CITY MANAGER
MUNICIPAL BUILDING ROOM 364
215 CHURCH AVENUE, S.W.
ROANOKE, VIRGINIA 24011
Dear Mr. Cowell:
We hereby issue this irrevocable standby letter of credit for the above amount in the favor of the City of
Roanoke, Virginia, beneficiary, which is available for payment of the beneficiary's sight drafts drawn on
Bank bearing the clause, "Drawn under Bank Letter
of Credit Number ", accompanied by the following documents:
This Letter of Credit and a certified statement signed by the City Manager or other designated City
Official of the City of Roanoke, Virginia, stating that an Event of Default has occurred under the
Nonnegotiable Promissory Note by and between Humm Kombucha LLC [and Subsidiary] as "Payors" and
the City as "City" or "Holder" in the original principal amount of $943,400 and dated , 2017,
( "Contract "), and that the amount of funds requested are due to the City of Roanoke, Virginia, as a result
of the occurrence of such Event of Default under the terns of the Contract.
This irrevocable letter of credit sets forth in full the terms of our undertaking. This undertaking shall not
in any way be modified, amended, or amplified by reference to any document or contract referred to
herein.
This irrevocable letter of credit shall remain in full force until and including 5 years after the Production
Date as defined in the Contract for Purchase and Sale of Real Property, by and between Ilumm Kombucha
LLC, as Parent and as a Buyer, and the City as Seller, dated , 2017, and shall automatically renew
itself from year to year thereafter unless and until Bank shall give ninety
(90) days prior notice to the City of Roanoke, Virginia, by certified mail, return receipt requested, of its
intent to terminate the same at the expiration of the ninety (90) day period. During the last thirty (30) days
during which the letter of credit is in full force and effect, the City may draw up to the full amount
available under the letter of credit with a draft accompanied by a document stating that an Event of
Final draft 11 -10 -2017
Default has occurred under the Contract or Ifumm Kombucha LLC has not provided an acceptable
substitute irrevocable letter of credit.
We hereby agree with you that draft(s) drawn under and in compliance with the terms and conditions of
this letter of credit shall be duly honored if presented together with document(s) as specified and the
original of this credit, at our office located at , Virginia on or
before 12:00 noon on the above stated expiry date or any renewal thereof.
Except as otherwise expressly staled herein, this letter of credit is subject to the Uniform Customs and
Practice for Documentary Credits, established by the International Chamber of Commerce, as in effect on
the date of issuance of this credit.
Sincerely,
Bank
Final Draft (11- 10 -17)
EXHIBIT 5 TO CONTRACT FOR PURCHASE AND SALE OF REAL
PROPERTY
Promissory Note
29
Final Draft (11- 10 -17)
NONNEGOTIABLE PROMISSORY NOTE
Date: . 20
Payors: Humm Kombucha LLC, an Oregon Limited Liability Company
20720 NE Brinson Blvd.
Bend, Oregon 97701
And [Subsidiary]
Holder or
City: City of Roanoke, Virginia, a Virginia municipal corporation
City Treasurer, Suite 254
Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
Principal Amount: U.S. $943,400
For value received, Humm Kombucha LLC an Oregon Limited Liability Company,
qualified to conduct business in the Commonwealth of Virginia and [Subsidiary, a
qualified to conduct business in the Commonwealth of Virginia]
("Payors "), jointly and severally promise to pay only to the City of Roanoke, Virginia, a
Virginia municipal corporation (the "City" or "Holder "), at the Office of the City: 215
Church Avenue, Roanoke, Virginia 24011, or at such other location as the City may
designate in writing, the principal sum of Nine Hundred Forty Three Thousand Four
Hundred and no /Dollars ($943,400), together with interest payable at the rate of one
percent (1 %) per annum (this Nonnegotiable Promissory Note is hereinafter referred to as
"Note "). This Note is being executed and delivered by Payers to the City pursuant to the
terms of a Contract for Purchase and Sale of Real Property, by and between Humm
Kombucha LLC as Parent and as a Buyer, and the City as Seller, dated . 2017,
( "Contract'). Capitalized terms set forth in this Note and not defined in this Note shall
have the meaning ascribed to such terms in the Contract.
Principal and accrued interest shall be due in five (5) annual installments each in the
amount of (i) $188,680 in principal, and (ii) all accrued and unpaid interest on the unpaid
principal balance of this Note as of the applicable due date.
The first installment of principal and accrued interest shall be due on that date which is
one (1) year after the Production Date. Each subsequent annual installment of principal
and accrued interest shall be due on the same day of each succeeding year.
Each installment payment shall be deemed paid and satisfied in full as it comes due, and
Payors shall be under no obligation to pay that installment payment to the City, provided
Payers are not then in material breach or default of any of Payors' obligations under
Section 18.A. of the Contract, and are not in breach or default of any of Payors'
Nonnegotiable Promissory Note
Final Draft (I1- 10 -17)
obligations under Section 1811 of the Contract; provided that, for a breach of Section
18.A of the Contract, if Payors are within any cure period under Section 18.13 of the
Contract, the due date of any then due installment payment(s) shall be extended during
the pendency of such cure period, and, if Payors successfully cure said breach within the
time period allowed under the Contract, such installment payment(s) shall be deemed
paid and satisfied in full.
Each of the following shall constitute an "Event of Default" under this Note: (i) any of
the Payors is in default of any of Payors' obligations under Section 18.A, Section 18.B. 1,
Section 18.6.2, Section 18.6.3, or Section 18.B.4 of the Contract; (it) the Property
subject to the Contract [and, if applicable, the Deed of Trust provided as Security for the
Promissory Note,] is sold or transferred, without the consent of the Holder unless
permitted by the Contract; or (iii) any of the Payors fails to pay any amount due under
this Note within thirty (30) days of Payors' receipt of written notice from Holder
specifying the payment default. For avoidance of any doubt, and without limitation, the
Payors shall not be deemed in default, and an Event of Default shall not exist, during any
applicable cure period under Section 18.D.I of the Contract.
Upon the occurrence of an Event of Default, the Holder shall have the right to accelerate
payment of the remaining unpaid balance due under this Note together with accrued
interest thereon, and demand payment in full of the unpaid principal balance of the
Promissory Note, together with all accrued interest thereon. In the event that any of the
Payors fail to honor the demand and pay in full the unpaid principal balance of this Note,
together with interest thereon, Holder will have all remedies available to Holder to collect
all amounts then due under the Promissory Note, from any of the Payors, jointly and
severally. Holder may recover its costs of collection, including its reasonable attorneys'
fees and expenses, to the extent Holder is entitled to those fees and expenses under this
Note.
Payors agree that, following the occurrence of an Event of Default, City may exercise all
rights City has available under law and at equity to collect any amount due under this
Note, including, and not limited to, exercising its rights under Security for the Promissory
Note that secures this Note. Under no circumstances shall Payors' obligations under
or with respect to this Note exceed, in the aggregate, payment to Holder of an
amount equal to the original principal amount of this Note, any accrued interest due
hereunder, and its costs of collection, including reasonable attorneys' fees and
expenses to the extent Holder is entitled to those fees and expenses under this Note.
If any arbitration, action, suit, or proceeding is instituted to interpret, enforce, or rescind
this Note, or otherwise in connection with the subject matter of this Note, the prevailing
party on a claim will be entitled to recover with respect to the claim, in addition to any
other relief awarded, the prevailing party's reasonable attorney's fees and other fees,
costs, and expenses of every kind directly related to such proceeding as determined by
the presiding officials or court, as applicable.
From time to time, without affecting the obligations under this Note of the Payors, any
successors or permitted assigns of the Payors, or any guarantor of this Note, Holder may:
2
Nonnegotiable Promissory Note
Final Draft (11- 10 -17)
(i) without giving notice to or obtaining the consent of any of the Payers, any successors
or assigns of the Payers, or any guarantor of this Note, and without liability on the part of
the Holder, at the sole option of the Holder extend the time for payment of any amount
due under this Note, reduce the payments thereon, release anyone liable on any of said
outstanding principal balance, accept a renewal of this Note, join in any extension or
subordination agreement, release any security herefor, and release any other or additional
security; and (it) agree in writing with the Payers to modify the rate of interest or period
of amortization of this Note, to change the amount of the annual installments payable
hereunder, or to extend the terms and time of payment of said outstanding principal
balance. Any assignment or assumption of the obligations of the Payers hereunder shall
not relieve Payers from theirjoint and several obligations hereunder.
Payers, jointly and severally, hereby waive presentment, demand, protest, and notice of
dishonor. The provisions of this Note, the Contract, and the applicable Security for the
Promissory Note, shall be binding on the successors and permitted assigns of Payers and,
subject to the nonnegotiable nature of this Note, the successors of Holder, including, but
not limited to, any receiver, trustee, representative or other person appointed under
foreign or domestic bankruptcy, receivership or similar proceedings. The debt evidenced
by this Note is secured by Security for the Promissory Note as described in the Contract
of even date herewith, covering the Property, as more fully described in the Contract.
This Note is nonnegotiable and may not be sold, assigned, or otherwise negotiated to any
person without the prior written consent of Payors, which Payors may withhold in
Payors' sole discretion.
The Payors may prepay a part or all of the unpaid principal amount and any accrued but
unpaid interest at any time; provided that the treatment of any payment by the Payors to
Holder as a prepayment of this Note shall be at the sole and absolute discretion and
designation of Payor, and, for avoidance of any doubt, Holder does not have the
unilateral right to treat or designate any payment from Payors as a prepayment of this
Note or any amount due hereunder.
The validity of this Note, the Contract, and the applicable Security for the Promissory
Note, and the rights and obligations of the parties under such documents, shall be
governed by, interpreted, construed and enforced pursuant to and in accordance with the
laws of the Commonwealth of Virginia, without regard to its conflict of laws principles.
Any controversy arising under or in relation to this Note, Contract, and the applicable
Security for the Promissory Note shall be litigated exclusively in a state court of
competent jurisdiction in the City of Roanoke, Virginia.
The persons signing this Note on behalf of Payors represent that such persons are
authorized to sign this Note on behalf of Payors and to bind each of the Payors, jointly
and severally, to its terms.
[Signature Page Follows]
Nonnegotiable Promissory Note
Final Draft (11- 10 -17)
Dated effective as of the date at the beginning of this Note.
HUMM KOMBUCHA LLC,
an Oregon Limited Liability Company
STATE OF
OF
To -wit:
The foregoing instrument was acknowledged before me this day of ,
20 , by of Human Kombucha LLC, an Oregon
Limited Liability Company, for and on behalf of Humm Kombucha LLC.
My commission expires:
[Subsidiary]
A Virginia
By:
SlAIEOF
OF
To -wit.
Notary Public
SEAL
The foregoing instrument was acknowledged before me this day of ,
20 , by of [Subsidiary], a
for and on behalf of [Subsidiary]
My commission expires:
Notary Public
Nonnegotiable Promissory Note
SEAL
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
SHERMAN M STOVALL, ACTING RKE CITY MGR
Arn R. BRIAN TOWNSEND, ASSISANT CITY
MANAGER
215 CHURCH AVE SW. ROOM 364
ROANOKE, VA 24011
Account Number
6017304
Date
November 10, 2017
Oate Category Description Ad Size Total Cost
11/16/2017 Legal Notices NOTICE OF PUBLIC HEARING Pursuant to the requirements 1 x 138 L 699.28
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:
11/10/2017
The First insertion being given ... 11110/2017
Newspaper reference: 0000000646 344
/
V — X
Billing Representative
Sworn to and subscribed before me this Friday, November 10, 2017
v
Aotlaryi
State of Virginia pU!,UG
::
City /County of Roanoke ) c „,EC 5632564. $
My Commission expires I = * : AN ppMn9iGSI0t! .20
E PI t g.
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU 11111 "'1,
NOTICE Of PUBLIC HEARING
Pursuant to the requirements ml
Sections 15.2- 1800 .B and 1521813,
Cotle of Virginia (1950), as deduced.
notire is hereby given that the Career
of the Cry of Roanoke will hold a public
homing on November 20, 2017, at 19O
P m., or as soon thereafter as the
matter may be heard. Ia the Coun61
Chamber 4th Floor, Room 450, Noel C
Taylor Twoun al Berlin,, 215 Church
rooms, S.IN.. Roanoke, Virginia 24011,
on a .it Se proposed
If Real Property Purchase
(Cont a
t, t)
Nelson. the City of Roanoke Virginia
(City), and th mm Bombucha LLC, An
Oregon limited liability company
qualified to transact business in the
Commonwealth of Virginia (Parent),
and its subsidiaries or k iiiatep that
may be created to own and/or .,,,At,
the Facility described below (together.
such subsidiaries and affiliates a
"Subsidiaries" and the Parent and the
Subsidiaries together, jointly and
severely, are the Buyer), wherein the
City proposes to sell to Buyer certain
real Report, located at 1950 Blue Hills
drive. N.E, Roanoke, Virginia 24012,
consisting of appmumardly 12A42
acres, more or Tess, together with all
mpr.vemenG thereon, designated as
Official Tax Map No 7230103 (Property)
for the sum of $941.400, together with
other consideration and performance
of other obligations by Buyer. for the
construtlion and operation of a
brewery and packaging facility
Buyer agras tm ,cute
Nonnegotiable Promissory Note. In the
.......al am .pm of $941400
(Propose, Note), Orleans, Buyer to
pay Clry, ambient to the terms of the
Promissory Nat, the principal ameunl
together with accrued interest at the
meri on he aroma principal
balance of this Promote, Note:
provided that each installment
payment shall be deemed paid and
satisfied In full as it canes due, and
Buyer shall be under no obligation to
pay that Installment payment to to
City, if at the time an notallment is
tlue Buyer has performed its
obligations as provided under the
terms of the Promissory Note and
Seefion 18 of the Contract and
provided further that, if an Event of
Default as set forth In the Promissory
Note, has a urrrah the City may
accelerate payment of the remaining
unpaid balance due under the
Pmmisory note and demand payment
In NII of the unpaid principal balance
If the Pmmlssary Note, together wllh
all accrued interest thereon
Upon are act Hm Property to Duyeq
Buyer will pmvitle or grant to the City
as Security for Promissory Note (as
III in the Contract) (1) a
mndfti0gnl letter of Credo In this
cunt Of $943,400, issued in favor at
City by a bank on, find to conduct
Tundras a the commonwealth of
Virginia and with an office In the
Commomwealthh Of Virginia (2) a first
priority Deed of Trust Go the Property:
(3) arbor nadur collateral
acceptable to City In Its reasonable
determination, to the city to se ,
payment and performance of the
Promissory Note by the Buyer, as
required by the term, 0the Contract.
If granted, the Di of Trust provide,
Uic Cry with the pawns to sell the
Property at Incestuous, sale in the
invent of material default as defined
the D,rd ie l l me Daed rnmst
alas pmwdes coda upon setAfrat on in
w0 of all obligations of Buyer under the
Promissory Net, and Deed of Ionic the
City win release and do harye the
Copies of the papased Contract.
Promissory Note, Letterof GedR Deed
of Trust and the proposed ordinance
available It the City Clerk's Ago,
Room 456, Noel C. Taylor Municipal
Bound, 215 Church Avenue iW_
Roanoke, Virginia, 24011, on and after
Rltlay, November 10.2017- surfurther
Information on the cotter. you n
ar
contact the Office of the City Clerk at
(son) es3 -2sr)-
All parties and Interested entities
may appeor on the nbwe date and
time to be heard on the above matter.
If Pon are a pecan with a dbaddis
who needs accommodations for this
hearing. pleasecontact the City Clarks
OHk° at (S4e) 853 -2541 before 129,
noon on Thursday November 16. 2011 .
of I-under my hand Ilia lot, IT,
obrr.21111.
leir astir M. Moon Reynnldn MMC
City Clerk
1646344'
,17 NOW 16 an 9 30
NOTICE OF PUBLIC HEARING
Pursuant to the requirements of Sections 15.2- 1800.B 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 November 20, 2017, at 7:00 p.m., or as soon thereafter as the matter may be
heard, in the Council Chamber, 4ih Floor, Room 450, Noel C. Taylor Municipal Building, 215
Church Avenue, S.W., Roanoke, Virginia, 24011, on a proposed Contract for Purchase and Sale
of Real Property (Contract) between the City of Roanoke, Virginia (City), and Human Kombucha
LLC an Oregon limited liability company, qualified to transact business in the Commonwealth
of Virginia (Parent), and its subsidiaries or affiliates that may be created to own and /or operate
the Facility described below (together, such subsidiaries and affiliates are "Subsidiaries" and the
Parent and the Subsidiaries together, jointly and severally, are the Buyer), wherein the City
proposes to sell to Buyer certain real property located at 1950 Blue Hills Drive, N.E., Roanoke,
Virginia 24012, consisting of approximately 12.042 acres, more or less, together with all
improvements thereon, designated as Official Tax Map No. 7230103 (Property) for the sum of
$943,400, together with other consideration and performance of other obligations by Buyer, for
the construction and operation of a brewery and packaging facility.
Buyer agrees to execute a Nonnegotiable Promissory Note, in the principal amount of
$943,400 (Promissory Note), obligating Buyer to pay City, subject to the terms of the
Promissory Note, the principal amount together with accrued interest at the rate of one percent
(1 %) per annum, as set forth in the Promissory Note, under which Promissory Note, principal
and accrued interest shall be due in five (5) equal annual installments of principal together with
all accrued and unpaid interest on the unpaid principal balance of this Promissory Note; provided
that each installment payment shall be deemed paid and satisfied in full as it comes due, and
Buyer shall be under no obligation to pay that installment payment to the City, if, at the time an
installment is due, Buyer has performed its obligations as provided under the terms of the
Promissory Note and Section 18 of the Contract; and provided further that, if an Event of
Default, as set forth in the Promissory Note, has occurred, the City may accelerate payment of
the remaining unpaid balance due under the Promissory Note and demand payment in full of the
unpaid principal balance of the Promissory Note, together with all accrued interest thereon.
Upon sale of the Property to Buyer. Buyer will provide or grant to the City as Security for
Promissory Note (as defined in the Contract) (I) an unconditional letter of credit, in the amount
of $943,400, issued in favor of City by a bank qualified to conduct business in the
Commonwealth of Virginia and with an office in the Commonwealth of Virginia; (2) a first
priority Deed of Trust on the Property; or (3) other similar collateral acceptable to City in its
reasonable determination, to the City to secure payment and performance of the Promissory Note
by the Buyer, as required by the terms of the Contract. If granted, the Deed of Trust provides the
City with the power to sell the Property at foreclosure sale in the event of a material default as
defined in the Deed of Trust. The Deed of Trust also provides that, upon satisfaction in full of
all obligations of Buyer under the Promissory Note and Deed of Trust, the City will release and
discharge the Deed of Trust.
Copies of the proposed Contract, Promissory Note, Letter of Credit, Deed of Trust, and
the proposed ordinance are 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,
November 10, 2017. 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, November
16, 2017.
Given under my hand this 10th day of November, 2017.
Stephanie M. Moon Reynolds, MMC
City Clerk
Note to Publisher:
Please publish once in Legal Section of The Roanoke Times on Friday, November 10, 2017.
Please send Certification/Affidavit to:
Stephanie M. Moon Reynolds, MMC, City Clerk
4ih Floor, Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 456
Roanoke, Virginia, 24011
Phone: (540) 853 -2541
Please send Invoice to:
R. Brian Townsend, Assistant City Manager
3`d Floor, Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011
Phone: (540) 853 -2333
IN THE COUNCIL. OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of November, 2017.
No. 41013 - 112017.
AN ORDINANCE authorizing the proper City officials to execute a Commonwealth's
Development Opportunity Fund Performance Agr cement (the "Performance Agreement ") among
the City of Roanoke, Virginia (the "City"), the Economic Development Authority of the City of
Roanoke, Virginia (the `EDA "), and Humm Kombucha LLC (the "Parent"), an Oregon limited
liability company, authorized to transact business in the Commonwealth of Virginia, and its
subsidiaries or affiliates that may be created to own and /or operate the Facility described below
(together, such subsidiaries and affiliates are "Subsidiaries" and the Parent and Subsidiaries
together, jointly and severally, are "Humm "), that provides for a grant in the amount of $150,000
subject to certain undertakings and obligations by the parties in connection with the development
of City -owned property located at 1950 Blue Hills Drive, N.E., Roanoke, Virginia 24012
( "Property ") that Humm will acquire for the construction and operation of a brewery and
packaging facility (the "Facility "); authorizing the City Manager to accept the COT Grant,
defined below, with the requirement that Humm achieve certain Local Incentives as described in
the Performance Agreement and to take such actions and execute such documents as may be
necessary to provide for the implementation, administration, and enforcement of the
Performance Agreement; and dispensing with the second reading of this Ordinance by title.
WHEREAS, the City has been awarded a grant of and expects to receive $150,000 from
the Commonwealth's Development Opportunity Fund (a "COT Grant ") through the Virginia
Economic Development Partnership Authority (the "VEDP ") for the purpose of inducing Humm
to construct, equip, and operate the Facility located at the Property, as set forth in the City
Council Agenda Report dated November 20, 2017 (the "Agenda Report");
1
Ordinance AuNoriong COP Perrermance Agreement ( 11 20.17)
WHEREAS, the Performance Agreement requires the City to provide Local Incentives to
Humm in an amount at least equal to the amount of the COT Grant, all as more particularly set
forth in the Agenda Report;
WHEREAS, the City and Humm have negotiated and agreed to enter into a Contract for
Purchase and Sale of Real Property (the "Contract') under which Contract Humm will acquire
the Property and at which location Humm will, after acquisition of the Property, develop,
construct, and operate the Facility;
WHEREAS, Humm has requested an economic development grant through the VEDP to
assist with the cost of constructing the Facility at the Property (the "Project-);
WHEREAS, pursuant to the Performance Agreement, pending acquisition of the Property
by Human and commencement of Construction Activity in accordance with the terms of the
Contract, and upon satisfaction of these conditions, the City will provide the funds to or for the
use of Humm, subject to Humms' promises and commitments to meet certain undertakings and
obligations;
WHEREAS, City staff has advised Council that the Project will benefit economic
development within the City and the Roanoke Region, and the Project will provide additional tax
revenue and services to benefit the citizens of the City and the Roanoke Region; and
WHEREAS, the City and the EDA wish to encourage Humm to complete the Project in
order to enhance and promote economic development within the City and the Roanoke Region.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
City Council hereby approves the terms of the Performance Agreement among the
City, the EDA, and Humm, as set forth in the attachment to the Agenda Report, which provides
for certain undertakings and obligations by Humm, as well as certain undertakings by the City
and the EDA. City Council further finds that the economic development grant provided for by
Ordinatme Autho111in, COF Perrormance Ag,.m,nt (1120.1 ])
the Performance Agreement will promote economic development within the City and the
Roanoke Region and will be of economic benefit to the City and its citizens.
2. The City Manager is hereby authorized on behalf of the City to accept the COF
Grant and execute the Performance Agreement among the City, the EDA, and Humm, upon
certain terms and conditions as set forth in the Agenda Report. The Performance Agreement
shall be substantially similar to the one attached to such Agenda Report and in a form approved
by the City Attorney, Such Performance Agreement was approved by the FDA on November 15,
2017.
3. The City Manager is further authorized to take such actions and execute such
documents as may be necessary to provide for the implementation, administration, and
enforcement of the Performance Agreement, including, without limitation, requesting and
receiving the proceeds of the COT Grant from the VEDP and delivering the proceeds of the COF
Grant to Humm in accordance with the Performance Agreement. Such other documents shall be
in a form approved by the City Attorney.
4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this Ordinance by title is hereby dispensed with.
ATTEST:
A4�-� N �
City Clerk.
3
Ordinance Authorizing COF Performance Agnenocut (11 20.17)
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of November, 2017.
No. 41014- 112017.
AN ORDINANCE to appropriate funding for the Humm Kombucha
Commonwealth's Development Opportunity Fund Grant Performance Agreement project,
amending and reordaining certain sections of the 2017 -2018 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 2017 -2018 Capital Projects Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Appropriated from State Grant Funds 08- 310 - 9230 -9007 $ 150,000
Revenues
Humm — COF Grant 08- 310 - 9230 -9230 150,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with
ATTE . nI
City Clerk.
@ CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: November 20, 2017
Subject: Commonwealth's Development Opportunity Fund Performance
Agreement among the City of Roanoke, Economic Development
Authority of the City of Roanoke, Virginia, and Humm
Kombucha LLC (for Itself and its Subsidiaries and Affiliates), for
Construction and Operation of a Brewery and Packaging Facility
to be Located at 1950 Blue Hills Drive, N.E., Roanoke, Virginia
(Official Tax Map No. 7230103)
Background
The Commonwealth of Virginia through the Virginia Economic Development
Partnership Authority (VEDP) has awarded a Commonwealth's Development
Opportunity Fund grant of $150,000 (COF Grant) to the City of Roanoke for the
purpose of inducing Humm Kombucha LLC, an Oregon limited liability
company, authorized to transact business in the Commonwealth of Virginia, as
the Parent, and its subsidiaries or affiliates that may be created to own and /or
operate the Facility described below (together, such subsidiaries and affiliates
are Subsidiaries and the Parent and Subsidiaries together, jointly and severally,
are Humm, to construct, equip, and operate a brewery and packaging facility
(Facility) on property currently owned by the City at 1950 Blue Hills Drive, N.E.
Roanoke, Virginia (Official Tax Map No. 7230103) (Property). The funds are to
be made available to Humm subject to certain performance requirements.
These requirements are included in the attached proposed Commonwealth's
Development Opportunity Fund Performance Agreement (Agreement) among
the City, Humm, and the Economic Development Authority of the City of
Roanoke, Virginia (EDA).
Considerations:
The City and Humm have proposed a contract (Contract) under which Humm
will acquire the Property from the City and construct, equip, and operate the
Facility. City Council will consider the Contract following a public hearing on
the proposed sale of the Property as required by State Code on November 20,
2017.
The COF Grant will be disbursed by VEDP to the City following execution and
delivery of this Agreement. The COE Grant will be disbursed from the City to
the EDA within 30 days after Humm has provided notice and evidence
reasonably satisfactory to the City, EDA, and VEDP that it has (1) created and
Maintained at least 15 New Jobs, and (2) made Capital Investments at the
Facility of at least $10,000,000. Such evidence will be subject to verification by
the City and VEDP. Within 30 days of the verification, the City shall disburse all
$150,000 of the COE Grant proceeds to the EDA. Within 30 days of its receipt of
such COE Grant proceeds, the EDA shall disburse such COE Grant proceeds to
Humm. The proceeds of the COE Grant can be used by Humm to pay or
reimburse itself for the costs of the construction of the Facility, as permitted by
Section 2.2- 115(D) of the Virginia Code. In the event that Humm does not
satisfy these requirements and no payment is made to Humm, the City will
return the COE Grant to VEDP.
The Agreement provides for full repayment of the COE Grant funds by Humm if
statutory minimum capital investment ($1,500,000) and job creation
requirements (IS New Jobs) are not met and maintained By Humm by July 31,
2021. If statutory minimum capital investment and job creation requirements
are met, but the total capital investment ($10,000,000) and job creation
requirements (46 jobs) are not achieved and maintained by July 31, 2021,
Humm would be required to make a partial repayment of the COE Grant. The
partial repayment is calculated based upon the level of investment and /or job
creation actually achieved by Humm on July 31, 2021.
The City is required to fully match the COE Grant by providing at least an equal
amount of local grants and other incentives to Humm. The match requirement
will be satisfied by some combination of the following:
• Forgivable Land Payment $943,400
• Operation Period Grant (Estimated) 15S,251
• Water /Fire /Sewer Connection Grant (Estimated) 17,260
• Building Permit Fee Rebate (Estimated) 9,900
• Business Security Grant (Estimated) 500
Recommended Action:
Adopt the attached ordinance authorizing the City Manager to accept the COE
Grant, and execute an agreement substantially similar to the Agreement
attached to this Agenda Report, and execute such other documents and to take
such further actions as may be necessary to implement, administer, and enforce
such agreements. All documents are subject to approval as to form by the City
Attorney.
Adopt the accompanying Budget Ordinance to establish a revenue account to
receive the $150,000 COF Grant and a corresponding expenditure account for
transfer of the funds to the EDA pursuant to the terms of the Agreement.
- --
Robert S. Cowell, Jr.
City Manager
Attachments
Distribution: Council Appointed Officers
R. Brian Townsend, Asst. City Mgr. for Community Development
Wayne Bowers, Director of Economic Development
Amelia C. Merchant, Acting Director of Finance
Draft I1 -10 -2017
COMMONWEALTH'S DEVELOPMENT OPPORTUNITY FUND
PERFORMANCE AGREEMENT
This PERFORMANCE AGREEMENT ( "Agreement ") made and entered this
day of , 2017, by and among the CITY OF ROANOKE, VIRGINIA (the
"Locality ") a municipal corporation of the Commonwealth of Virginia (the "Commonwealth "),
HUMM KOMBUCHA LLC (the "Parent "), an Oregon limited liability company authorized to
transact business in the Commonwealth, and its subsidiaries or affiliates that may be created to
own and /or operate the Facility described below (together, such subsidiaries and affiliates are
"Subsidiaries" and the Parent and Subsidiaries together, jointly and severally, are the
"Company ") and the ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF
ROANOKE, VIRGINIA (the "Authority" or the "EDA "), a political subdivision of the
Commonwealth.
WITNESSETH:
WHEREAS, the Locality has been awarded a grant of and expects to receive $150,000
from the Commonwealth's Development Opportunity Fund (a "COF Grant ") through the
Virginia Economic Development Partnership Authority ( "VEDP ") for the purpose of inducing
the Company to purchase land and to construct, equip and operate a brewery and packaging
facility in the Locality (the "Facility"), thereby making a significant Capital Investment and
creating and Maintaining a significant number of New Jobs, as such capitalized terms are
hereinafter defined;
WHEREAS, the Locality and the Company have entered into a Contract for the
acquisition of the Property, as hereinafter defined, at which location the Company will, after
acquisition of the Property pursuant to the terms of the Contract, develop, construct, and operate
the Facility;
WHEREAS, the Locality is willing to provide the funds to the Authority with the
expectation that the Authority will provide the funds to or for the use of the Company, provided
that the Company promises to meet certain criteria relating to Capital Investment and New Jobs;
WHEREAS, the Locality, the Authority and the Company desire to set forth their
understanding and agreement as to the payout of the COF Grant, the use of the COF Grant
proceeds, the obligations of the Company regarding Capital Investment and New Jobs, and the
repayment by the Company of all or part of the COF Grant under certain circumstances;
WHEREAS, the acquisition, construction, equipping and operation of the Facility will
entail a capital expenditure by or on behalf of the Company of approximately $10,000,000, of
which approximately $350,000 will be invested in furniture, fixtures and equipment,
approximately $6,000,000 will be invested in brewing equipment, packaging equipment,
Humm COF Performance Agreement 111017
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process piping, machinery and tools, acrd approximately $3,650,000 will be invested in the
construction of a new building;
WHEREAS, the acquisition, construction, equipping and operation of the Facility will
further entail the creation and Maintenance of 46 New Jobs at the Facility as further set forth in
this Agreement; and
WHEREAS, the stimulation of the additional tax revenue and economic activity to be
generated by the Capital Investment and New Jobs constitutes a valid public purpose for the
expenditure of public funds and is the animating purpose for the COF Grant.
NOW, THEREFORE, in consideration of the foregoing Recitals which are incorporated
herein and made a part hereof, the mutual benefits, promises and undertakings of the parties to
this Agreement, and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties covenant and agree as follows.
Section 1. Definitions.
For the purposes of this Agreement, unless the context otherwise specifies or requires,
the following terns shall have the following definitions:
"Capital Investment" means a capital expenditure by or on behalf of the Company on or
after October 1, 2017 in taxable real property (including, without limitation), improvements to
such property, taxable tangible personal property, or both, at the Facility. Without limitation,
the purchase or lease of furniture, fixtures, process piping, machinery, brewing equipment,
packaging equipment, cold storage infrastructure, including under an operating lease, by or on
behalf of the Company will qualify as Capital Investment.
"Contract" means the Contract for Purchase and Sale of Real Property dated
2017, by and between the Locality, as Seller, and the Company, as Buyer, for the Property.
"Day" or "Days" shall mean calendar days.
"Maintain" means that the New Jobs will continue without interruption from the date of
creation through the Performance Date, allowing for movement of positions to different shifts
and positions to accommodate changes in work flow. Positions for the New Jobs will be treated
as Maintained during periods in which such positions are not filled due to (i) temporary
reductions in the Company's employment levels (so long as there is active recruitment for open
positions), (ii) strikes, and (iii) other temporary work stoppages.
"New Job" means new permanent full -time employment of an indefinite duration at the
Facility for which the standard fringe benefits are provided by the Company for the employee,
and for which the Company pays an average annual wage of at least $39,462. Each New Job
must require a minimum of either (i) 35 hours of an employee's time per week for the entire
Humm COF Performance Agreement 111017
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normal year of the Company's operations, which "normal year" must consist of at least 48
weeks, or (ii) 1,680 hours per year. Seasonal or temporary positions, positions created when a
job function is shifted from an existing location in the Commonwealth, and positions with
construction contractors, vendors, suppliers and similar multiplier or spin -off jobs shall not
qualify as New Jobs.
"Performance Date" means July 31, 2021. If the Locality, in consultation with the
Authority and VEEP, deems that good faith and reasonable efforts have been made and are
being made by the Company to achieve the Targets, the Locality may request an extension of
the Performance Date by up to 15 months. Any extension of the Performance Date shall require
the prior approval of the Board of Directors of V EDP. If the Performance Date is extended, the
Locality shall send written notice of the extension to the Authority, the Company and VEDP
and the date to which the Performance Date has been extended shall be the "Performance Date"
for the purposes of this Agreement.
"Property" means the real property located at 1950 Blue Hills Drive, N.E., Roanoke,
Virginia, designated as Roanoke Official Tax Map No. 7230103, and more particularly
described in the Contract.
"Targets" means Capital Investments by the Company at the Facility of at least
$10,000,000 and the creation and Maintenance by the Company of at least 46 New Jobs at the
Facility, all as of the Performance Date; provided that the Company has acquired the Property in
accordance with the terms of the Contract and commenced Construction Activities by the
Commencement Date set forth in the Contract.
"Virginia Code" means the Code of Virginia of 1950, as amended.
Section 2. Targets; Statutory Criteria.
(a) Targets: The Company will acquire the Property and construct, equip and
operate the Facility in accordance with and subject to the terms of the Contract and commence
Construction Activities by the Commencement Date set forth in the Contract. Acquisition of the
Property and commencement of Construction Activities by the Commencement Date, as set
forth in the Contract, are conditions precedent to the COF Grant. As set forth in the definition
of "Targets ", the Targets are to, make a Capital Investment of at least $10,000,000, and create
and Maintain at least 46 New Jobs at the Facility, all as of the Performance Date.
(b) Encouragement to Offer New Jobs to Residents of the Commonwealth: The
Locality and the Authority hereby strongly encourage the Company to ensure that at least 30%
of the New Jobs are offered to "Residents" of the Commonwealth, as defined in Virginia Code
Section 58.1 -302. In pertinent part, that definition includes natural persons domiciled in
Virginia or natural persons who, for an aggregate of more than 183 days of the year, maintained
a place of abode within the Commonwealth, whether domiciled in the Commonwealth or not.
Humm COF Performance Agreement 1 11017
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(c) Prevailing Wage; Unemployment and Poverty Rates: The average annual wage
of the New Jobs of at least $39,462, is less than the prevailing average annual wage in the
Locality of $45,861, but is more than 85% of that prevailing average annual wage ($38,982).
The Locality is a high - unemployment locality, with an unemployment rate for 2016, which is the
last year for which such data is available, of 4.3% as compared to the 2016 statewide
unemployment rate of 4.0 %. The Locality is a high - poverty locality, with a poverty rate for
2015, which is the last year for which such data is available, of 21.3% as compared to the 2015
statewide poverty rate of 11.2 %.
(d) Disclosure of Political Contributions: The Company acknowledges that the
name of the Company will be shared by VEDP with the Governor of Virginia, and any campaign
committee or political action committee associated with the Governor. The Company
acknowledges that within 18 months of the date of this Performance Agreement, the Governor,
his campaign committee, and his political action committee will submit to the Virginia Conflict
of Interest and Ethics Advisory Council a report listing any contribution, gift, or other item with
a value greater than $100 provided by the Company to the Governor, his campaign committee, or
his political action committee, respectively, during the period from the date of the Company's
application for the COF Grant through the one -year period immediately after the date of this
Agreement.
Section 3. Disbursement of COF Grant.
(a) Disbursement of the COF Grant: By execution and delivery of this Agreement ,
the Locality requests that the $150,000 proceeds of the COF Grant be disbursed to it.
The disbursement of the COF Grant proceeds to the Company will serve as an
inducement to the Company to achieve the Targets at the Facility. The COF Grant proceeds
shall be retained by the Locality and shall be disbursed as follows; provided that the Company
has acquired the Property in accordance with the terms of the Contract and commenced
Construction Activities by the Commencement Date set forth in the Contract:
The Company will provide notice and evidence reasonably satisfactory to the
Locality, the Authority, and VEDP that it has (1) created and Maintained at least
15 New Jobs, and (2) made Capital Investments at the Facility of at least
S 10,000,000. Such evidence will be subject to verification by the Locality and
VEDP. Within 30 days of the verification, the Locality shall disburse all
$150,000 of the COF Grant proceeds to the Authority. Within 30 days of its
receipt of such COF Grant proceeds, the Authority shall disburse such COF
Grant proceeds to the Company.
If the COF Grant proceeds have not been disbursed to the Company within 90 days after
the Performance Date, the Locality shall return such proceeds to VEDP for redeposit to the
Commonwealth's Development Opportunity Fund. Further, if the Company has not acquired
the Property in accordance with the terms of the Contract and commenced Construction
Hamm COP Performance Agreement 111017
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Activities by the Commencement Date set forth in the Contract, the Locality shall return such
proceeds to V EDP for redeposit to the Commonwealth's Development Opportunity Fund.
(b) Use of the COF Grant Proceeds: The Company will use the COF Grant
proceeds to pay or reimburse itself for the costs of the construction of the Facility, as permitted
by Section 2.2- 115(D) of the Virginia Code.
Section 4. Break -Even Point; State and Local Incentives.
(a) State -Level Incentives: VEDP has estimated that the Commonwealth will reach
its "break -even point" by the Performance Date. The break -even point compares new revenues
realized as a result of the Capital Investment and New Jobs at the Facility with the
Commonwealth's expenditures on incentives, including but not limited to the COF Grant. With
regard to the Facility, the Commonwealth expects to provide incentives in the following
amounts:
Cateeory of Incentive: Total Amount
COF Grant $150,000
Virginia Jobs Investment Program ( "VJIP ") (Estimated) 34,500
Enterprise Zone Job Creation Grant ( "EZJCG ") (Estimated) 154,400
Enterprise Zone Real Property Investment Grant ( "EZRPIG ") 100,000
(Estimated)
Manufacturing Sales and Use Tax Exemptions ( "MSUTE ") 318,000
(Estimate)
The proceeds of the COF Grant shall be used for the purposes described in Section 3(b).
The VJIP grant proceeds shall be used by the Company to pay or reimburse itself for
recruitment and training costs. The proceeds of the EZJCG and the EZRPIG may be used by
the Company for any lawful purpose. The MSUTE will reflect cost - savings to the Company.
(b) Locality-Level Incentives: The Locality expects to provide the following
incentives, as matching grants or otherwise, for the Facility:
Cateeory of Incentive: Total Amount
Forgivable Land Payment $943,400*
Water /Fire/Sewer Connection Grant (Estimated) 17,260
Building Permit Fee Rebate (Estimated) 9,900
Business Security Grant 500
Operation Period Grant (Estimated) 155,251 **
* Pursuant and subject to the terms of the Contract, the Company will acquire the Property
for the purchase price of $943,400 by executing and delivering a Promissory Note, secured by a
Humm COP Performance Agreement 111017
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Deed of Trust, to the Locality. The Promissory Note is payable in five annual installments
commencing one (1) year after the Performance Date; provided that the Locality will forgive
each annual installment if the Company satisfies the conditions set forth in the Promissory Note.
** The Locality, the Authority, and the Company are entering into a Performance
Agreement Regarding Operation Period Economic Development Grant to provide the Company
with up to four (4) operational grants, the total amount of which is estimated to be $155,251. In
accordance with EDA Operation Period Economic Development Grant, the amount of each
operational grant will be an amount equal to 50% of the revenue amount actually received by
the Locality from the Company for business personal property taxes /machinery and tools taxes
incurred at the Facility. For purposes of this Agreement, the amount applicable to the Locality -
Level Incentives attributable to the Operation Period Grant shall be the minimum sum of
$25,875, assuming the first Operation Period Grant provided to the Company occurs on or
before January 1, 2020.
If, by the Performance Date, the proceeds or value of the Locality -Level Incentives
disbursed or committed to be disbursed by the Locality to the Company total less than the
$150,000 COF Grant local match requirement, the Locality, subject to appropriation, shall make
an additional grant to the Company of the difference at the Performance Date, so long as the
Company has met its Targets.
The proceeds or value of the Forgivable Land Payment, the Water /Fire /Sewer
Connection Grant and the Building Permit Fee Rebate will reflect cost savings to the Company.
The proceeds of the Business Security Grant may be used by the Company for business security
measures recommended by the Roanoke Police Department.
(c) Other Incentives: This Agreement relates solely to the COF Grant. The
qualification for, and payment of all State -Level Incentives and Locality -Level Incentives,
except for the COF Grant, will be governed by separate arrangements between the Company
and the entity offering the other incentives.
Section 5. Repayment Obligation.
(a) It' Statutory Minimum Eligibility Requirements are Not Met: Section 2.2 -115 of
the Virginia Code requires that the Company make a Capital Investment of at least $1,500,000
in the Facility and create and Maintain at least 15 New lobs as of the Performance Date at the
Facility in order to be eligible for the COF Grant. Failure by the Company to meet either of
these statutory minimum eligibility requirements by the Performance Date shall constitute a
breach of this Agreement and the Company must repay to the Authority all of the COF Grant
proceeds previously disbursed to the Company. In such event, the Locality will repay to VEDP
all of the COF Grant proceeds not previously disbursed to the Company.
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(b) Allocation of COF Proceeds: For purposes of repayment under subsection (c),
the COF Grant is to be allocated as 50% ($75,000) for the Company's Capital Investment
Target, and 50 % ($75,000) for the Company's New Jobs Target.
(c) If Statutory Minimum Eligibility Requirements are Met: The provisions of this
subsection (c) shall become applicable only if the Company has met the statutory minimum
eligibility requirements set forth in subsection (a). If the Company has met at least 90% of
both of the Targets at the Performance Date, then and thereafter the Company is no longer
obligated to repay any portion the COT Grant. If the Company has not met at least 90% of
either or both of its Targets at the Performance Date, the Company shall repay to the Authority
that part of the COF Grant that is proportional to the Target or Targets for which there is a
shortfall. For example, if at the Performance Date, the Capital Investment is only $7,500,000
(reflecting achievement of 75% of the Capital Investment Target) and only 28 New Jobs have
been created and Maintained (reflecting achievement of 61% of the New Jobs Target), the
Company shall repay to the Authority 25% of the moneys allocated to the Capital Investment
Target ($18,750) and 39% of the moneys allocated to the New Jobs Target ($29,250). In any
such event, the Locality will repay to VEDP all of the COF Grant proceeds not previously
disbursed to the Company.
(d) Determination oflnability to Comply: If the Locality, the Authority, or VEDP
shall reasonably and in good faith determine at any time prior to the Performance Date (a
"Determination Date ") that the Company is unable or unwilling to meet and Maintain its
Targets by and through the Performance Date, and if the Locality, the Authority or VEDP shall
have promptly notified the Company of such determination, the Company must repay to the
Authority all of the COF Grant proceeds previously disbursed to the Company. In such event,
the Locality will repay to VEDP all of the COF Grant proceeds not previously disbursed to the
Company. Such a determination will be based on such circumstances as a filing by or on behalf
of the Company under Chapter 7 of the U.S. Bankruptcy Code, the liquidation of the Company,
an abandonment of the Facility by the Company or other similar significant and material event
that demonstrates that the Company will be unable or is unwilling to satisfy the Targets for the
COF Grant.
(e) Repayment Dates. Such repayment shall be due from the Company to the
Authority within ninety days of the Performance Date or the Determination Date, as
applicable. Any moneys repaid by the Company to the Authority hereunder shall be repaid by
the Authority to the Locality and shall be repaid by the Locality promptly to VEDP for
redeposit into the Commonwealth's Development Opportunity Fund. The Locality and the
Authority shall use their best efforts to recover such funds, including legal action for breach of
this Agreement. Neither the Locality nor the Authority shall have any responsibility for the
repayment of any sums payable by the Company hereunder unless said sums have been received
by the Authority from the Company.
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Section 6. Company Reportin
(a) Progress Reporting: The Company shall provide, at the Company's expense,
detailed verification reasonably satisfactory to the Locality, the Authority and VEDP of the
Company's progress on the Targets. Such progress reports will be provided annually on July
31, starting at July 31, 2018, and through the prior March 31. Further, the Company shall
provide such progress reports at such other times as the Locality, the Authority or VEDP may
reasonably require. Although not required, the report may be in the form attached hereto as
Exhibit A.
With each such progress report, the Company shall report to VEDP the amount paid by
the Company in the prior calendar year in Virginia corporate income tax or related pass- through
taxes paid by its members. VEDP has represented to the Company that it considers such
information to be confidential proprietary information that is exempt from public disclosure
under the Virginia Freedom of Information Act and that such information will be used by
VEDP solely in calculating aggregate return on invested capital analyses for purposes of
gauging the overall effectiveness of economic development incentives.
(b) Verification of Capital Investment: The Company hereby authorizes the
Locality, including the Locality's Office of Real Estate Valuation, the Office of the
Commissioner of the Revenue, and the Office of the Treasurer, to release to VEDP the
Company's real estate tax, business personal property tax and machinery and tools tax
information. Such information shall be marked and considered confidential and proprietary and
shall be used by VEDP solely for verifying satisfaction of the Capital Investment Target. If the
Locality, the Office of Real Estate Valuation, the Office of the Commissioner of the Revenue,
or the Office of the Treasurer should require additional documentation or consents from the
Company to access such information, the Company shall promptly provide, at the Company's
expense, such additional documentation or consents as the Locality, the Authority or VEDP
may request. In accordance with Virginia Code Section 58.1- 3122.3, VEDP is entitled to
receive the Company's real estate tax, business personal property tax and machinery and tools
tax information from the Locality's Commissioner of the Revenue.
In addition to the verification data described above, and subject to the same
confidentiality provisions as set forth in Section 6(a) above, the Locality, the Authority and
VEDP may request such other documentation or audits as may be required to properly verify
the Capital Investment.
(c) Verification of Nen, Jobs and Wages: If requested by VEDP, the Company shall
provide to VEDP copies of the Company's quarterly filings with the Virginia Employment
Commission covering the period from the date the Company hires it first employee in Virginia
through the Performance Date. In accordance with Virginia Code Section 60.2 -114, VEDP is
entitled to receive the Company's employment level and wage information from the Virginia
Employment Commission.
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Should the Company ever have more than one business location in the Commonwealth,
the Company agrees that its reports to the Virginia Employment Commission with respect to its
employees at the Facility will be reported at the Facility -level and not at the Company- level.
In addition to the verification data described above, and subject to the same
confidentiality provisions as set forth in Section 6(a) above, the Locality, the Authority and
VEDP may request such other documentation or audits as may be required to properly verify
the New Jobs.
Section 7. Notices.
Formal notices and communications between the Parties shall be given either by (i)
personal service, (it) delivery by a reputable document delivery service that provides a receipt
showing date and time of delivery, (iii) mailing utilizing a certified or first class mail postage
prepaid service of the United States Postal Service that provides a receipt showing date and time
of delivery, or (iv) delivery by facsimile or electronic mail (email) with transmittal confirmation
and confirmation of delivery, addressed as noted below (or any other address the party to be
notified may have designated to the sender by like notice). Notices and communications
personally delivered or delivered by document delivery service shall be deemed effective upon
receipt. Notices and communications mailed shall be deemed effective on the fifth business day
following deposit in the United States mail. Notices and communications delivered by facsimile
or email shall be deemed effective the next business day, not less than 24 hours, following the
date of transmittal and confirmation of delivery to the intended recipient. Such written notices
and communications shall be addressed to:
if to the Company, to:
Humm Kombucha LLC
20720 NE Brinson Blvd.
Bend, OR 97703
Facsimile: 541 - 678 -5691
Email: jamie@humm.com
Attention: Jamie Danek, C.E.O.
if to the Locality, to:
City of Roanoke, Virginia
Noel C. Taylor Municipal Building
215 Church Avenue S.W.
Room 364
Roanoke, Virginia 24011
Facsimile: 540- 853 -1153
Email: citymgr@roanokeva.gov
Attention: City Manager
Humm COF Performance Agreement 111017
with a copy to:
Kamopp Petersen LLP
360 SW Bond Street, Suite 400
Bend, Oregon 97702
Facsimile: 541-388-5410
Attention: Jon J. Napier
with a copy to:
City of Roanoke, Virginia
Noel C. Taylor Municipal Building
215 Church Avenue S.W.
Room 464
Roanoke, Virginia 24011
Facsimile: 540-853-1221
Email: cityatty@roanokeva.gov
Attention: City Attorney
Draft 11 -10 -2017
if to the Authority, to:
Economic Development Authority of the
City of Roanoke, Virginia
117 Church Avenue
Roanoke, Virginia 24011
Facsimile: 540- 853 -1213
Email: econdevl@roanokeva.gov
Attention: Chair
if to VEDP, to:
Virginia Economic Development Partnership
One James Center, Suite 900
901 East Cary Street
Post Office Box 798 (zip: 23218 -0798)
Richmond, Virginia 23219
Facsimile: 804.545.561 l
Email: smoret @yesvirginia.mg
Attention: President and CEO
Section 8. Miscellaneous.
with a copy to:
Economic Development Authority of the
City of Roanoke, Virginia
37 Campbell Avenue, S.W.
Roanoke, Virginia 24011
Facsimile: 540- 224 -8050
Email: hdarby @glennfeldmann.com
Attention: Harwell M. Darby, Jr., Esq.
with a copy to:
Virginia Economic Development Partnership
One James Center, Suite 900
901 East Cary Street
Post Office Box 798 (zip: 23218 -0798)
Richmond, Virginia 23219
Facsimile: 804.545.5611
Email: smeninch @yesvirginia.org
Attention: General Counsel
(a) Entire Agreement; Amendments: This Agreement constitutes the entire
agreement among the parties hereto as to the COF Grant and may not be amended or modified,
except in writing, signed by each of the parties hereto and consented to by VEDP. This
Agreement shall be binding upon and inure to the benefit of the parties hereto and their
respective successors acrd assigns. The Company may not assign its rights and obligations
under this Agreement without the prior written consent of the Locality, the Authority and
VEDP.
(b) Governing Law; Venue: This Agreement is made, and is intended to be
performed, in the Commonwealth and shall be construed and enforced by the laws of the
Commonwealth. Jurisdiction and venue for any litigation arising out of or involving this
Agreement shall only lie in the Circuit Court of the City of Roanoke, Virginia, and such
litigation shall be brought only in such court.
(c) Counterparts: This Agreement may be executed in one or more counterparts,
each of which shall be an original, and all of which together shall be one and the same
instrument.
(d) Severability: If any provision of this Agreement is determined to be
unenforceable, invalid or illegal, then the enforceability, validity and legality of the remaining
provisions will not in any way be affected or impaired, and such provision will be deemed to be
l0
Human COF Performance Agreement 111017
Draft 11 -10 -2017
restated to reflect the original intentions of the parties as nearly as possible in accordance with
applicable law.
(e) Attorney's Fees: Attorney's fees shall be paid by the party incurring such fees.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
11
Humm COF Performance Agreement 1 11017
Draft 11 -10 -2017
IN WITNESS WHEREOF, the parties hereto have executed this Performance
Agreement as of the date first written above.
CITY OF ROANOKE, VIRGINIA
By
Robert S. Cowell, Jr., City Manager
Date:
ECONOMIC DEVELOPMENT
AUTHORITY OF THE CITY OF
ROANOKE, VIRGINIA
By
Allen Damon Williams, Chair
Date:
HUMM KOMBUCHA LLC
on behalf of itself and its subsidiaries and
affiliates that may be created to own and/or
operate the Facility
By
Jamie Danes, CEO
Date:
Approved as to Form Approved as to Execution
City Attorney City Attorney
Approved as to Form Approved as to Execution
Counsel for EDA Counsel for EDA
12
Hamm COF Performance Agreement 111017
Draft 11 -10 -2017
Appropriation and funds required for this
Agreement are subject to future appropriation.
Director of Finance
Date Acct#
Authorized by Ordinance No.
Exhibit A: Suggested Form for Annual Progress Report
13
Humm COF Performance Agreement 111017
Draft 11 -10 -2017
Exhibit A
ANNUAL PROGRESS REPORT
COMMONWEALTH'S DEVELOPMENT OPPORTUNITY FUND
As required by Section 6 of the Commonwealth's Development Opportunity Fund (COF)
performance Agreement to which this Exhibit A is attached, the Company is required to report
annually towards its progress in meeting the Targets for making Capital Investments and
creating and Maintaining New Jobs. Please return this form to:
Kim Ellett
Incentives Coordinator
Virginia Economic Development Partnership
kellett rcvesvigdnia.org
PROJECT SUMMARY:
Project
HUMM Kombucha LLC
Location
City of Roanoke
Amount of Grant
$150,000
Performance Reporting Period
Through March 31, 20
Performance Date
July 31, 2021
PROJECT PERFORMANCE:
Performance Measurement
Tar et
As of 3/31/20
% Complete
New Jobs
46
Capital Inv (provide
breakdown bclow)�
510,000,(00
Average Annual Wage
$39,462
Virginia Corporate Income Tax
Paid in Prior Calendar Year}
Data will be verified using Virginia Employment Commission records.
Data will be verified with locality records.
'This confidential information is protected from disclosure pursuant to § 2.2- 3705.6 of the
Virginia Freedom of Information Act.
14
Humm COF Performance Agreement 111017
Draft 11 -10 -2017
Capital Investment Breakdown
Amount
New Construction
$
Machinery and Tools
Other Furniture, Fixtures and Equipment
S
COMMENTS:
(Discuss project status, including current level of New Jobs and Capital Investment, progress on
Targets, changes or likely changes in project's nature that may impact the achievement of
Targets, and other information relevant to project performance. If the project is not on track to
meet the Targets, please provide an explanation.)
Company: HUMM KOMBUCHA LLC
Signature:
Name:
Title:
Date:
15
Human COF Performance Agreement 111017
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of November, 2017.
No. 41015- 112017.
AN ORDINANCE authorizing the proper City officials to execute a Performance
Agreement Regarding Operation Period Economic Development Grard among the City of
Roanoke, Virginia (the "City"), the Economic Development Authority of the City of Roanoke,
Virginia (the "EDA "), and Hamm Kombucha LLC (the "Parent'), an Oregon limited liability
company, authorized to transact business in the Commonwealth of Virginia, and its subsidiaries
or affiliates that may, be created to own and /or operate the Facility described below (together,
such subsidiaries and affiliates are "Subsidiaries" and the Parent and Subsidiaries together,
jointly and severally, are "Humm "), that provides for grants estimated to be $155,251 subject to
certain undertakings and obligations by the parties in connection with the development of City -
owned property located at 1950 Blue Hills Drive, N.F.., Roanoke, Virginia 24012 ( "Property")
that Holum will acquire for the construction and operation of a brewery and packaging facility
(the "Facility "); authorizing the City Manager to take such actions and execute such documents
as may be necessary to provide for the implementation, administration, and enforcement of such
Performance Agreement; and dispensing with the second reading of this Ordinance by title.
WHEREAS. Humm has proposed the construction and operation of a brewery and
packaging facility located at the Property after Humm acquires the Property from the City in
accordance with the terms and conditions of a Contract for the Purchase and Sale of Real Estate
between the City and Humm (the "Contract'), as set forth in the City Council Agenda Report
dated November 20, 2017 (the "Agenda Report");
Ordinance AuthodvL,g LDA N,fo,..n e Ag 11m1n1(1120.17) &d, 102;.1] doe
WHEREAS, construction of the Facility at the Property (the "Project ") will require the
acquisition and installation of specialized machinery and equipment designed for the production
of product at the Facility (the "Equipment ");
WHEREAS, Humm has requested an economic development grant through the EDA to
assist with the cost of acquisition and installation of the Equipment and related costs necessary
for the acquisition and installation of the Equipment;
WHEREAS, City staff has advised Council that the Project will benefit economic
development within the City and the Roanoke Region, and the Project will provide additional tax
revenue and services to benefit the citizens of the City and the Roanoke Region; and
WHEREAS, the City and the EDA wish to encourage Humm to complete the Project in
order to enhance and promote economic development within the City and the Roanoke Region.
'THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke as follows:
City Council hereby approves the terms of the Performance Agreement Regarding
Operation Period Economic Development Grant among the City, the EDA, and Humm (the
"Performance Agreement "), as set forth in the attachment to the Agenda Report, which provides
for certain undertakings and obligations by Humm, as well as certain undertakings by the City
and the EDA. City Council further finds that the economic development grant provided for by
the Performance Agreement will promote economic development within the City and the
Roanoke Region and will be of economic benefit to the City and its citizens.
2. The City Manager is hereby authorized on behalf of the City to execute the
Performance Agreement, upon certain terms and conditions as set forth in the Agenda Report.
"I he Performance Agreement shall be substantially similar to the one attached to such Agenda
Report and in a form approved by the City Attorney. The Performance Agreement was approved
by the EDA on November 15, 2017.
Ordnamce Aurhori7ma EDA Performance Agreement (11 20.19) draft 10 25 17.doe 2
3. The City Manager is further authorized to take such actions and execute such
documents as may be necessary to provide for the implementation, administration, and
enforcement of the Performance Agreement. Such other documents shall be in a form approved
by the City Attorney.
4. 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.
ONinon<, Aahonnng EDA N,Fm n. Agrumem (11.20,1 ]) draft 10.25.19.doc 3
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: November 20, 2017
Subject: Performance Agreement Regarding Operation Period Economic
Development Grant among the City of Roanoke, Economic
Development Authority of the City of Roanoke, Virginia, and
Humm Kombucha LLC (for Itself and its Subsidiaries and
Affiliates), for Construction and Operation of a Brewery and
Packaging Facility to be Located at 1950 Blue Hills Drive, N.E.,
Roanoke, Virginia (Official Tax Map No. 7230103)
Background:
The City of Roanoke (City) and the Economic Development Authority of the City
of Roanoke, Virginia (EDA), for the purpose of inducing Humm Kombucha LLC
an Oregon limited liability company, authorized to transact business in the
Commonwealth of Virginia, the Parent, and its subsidiaries or affiliates that may
be created to own and /or operate the Facility described below (together, such
subsidiaries and affiliates are "Subsidiaries" and the Parent and Subsidiaries
together, jointly and severally, are Humm) to construct, equip, and operate a
brewery and packaging facility (Facility) on property currently owned by the City
at 1950 Blue Hills Drive, N.E., Roanoke, Virginia (Official Tax Map No. 7230103)
(Property) proposes to provide grants composed of an amount equal to a
portion of the business personal property tax /machinery and tools tax paid by
Humm for property located at the Facility, subject to certain undertakings and
obligations by the parties as enumerated in the attached proposed Performance
Agreement Regarding Operation Period Economic Development Grant
(Agreement) among the City, EDA, and Humm.
Considerations:
In order to qualify for the Operation Period Economic Development Grant,
Humm must complete construction of the Facility and commence production
and sale of product at the Facility on or before December 31, 2019; must spend
at least $4,100,000 by December 31, 2020, for equipment installed at the
Facility; and must file and pay all applicable City taxes and fees.
If these requirements are fully satisfied, Humm will be eligible for a maximum
of four (4) consecutive annual grants commencing with the first year that
Humm submits its initial inventory for business personal property
tax /machinery and tools tax to the City Commissioner of Revenue. The amount
of each grant will be equal to 50% of the revenue actually received by the City
as of March 15, for the subject grant year from business personal property
tax /machinery and tools tax generated at the Facility.
The estimated value of the equipment to be located at the Facility upon the
commencement of production as listed in Exhibit B of the Agreement is
expected to exceed $6,000,000. Based on the current tax rate, the total
business personal property tax /machinery and tools tax on equipment with a
value of $6,000,000 during the first four years of brewery operation would be
$310,502. The total amount of the four grants that would be paid to Humm
based on this amount of estimated investment would be $155,251 (50% of
$310,502).
The EDA's obligations shall be limited to those funds which the EDA shall
receive from the City and shall not be a general obligation, but a special
obligation of the EDA.
Humm is required to pay all reasonable out -of- pocket fees (including attorney's
fees), costs, and expenses of EDA not to exceed $5,000 incurred by EDA in
connection with approval of this Agreement.
Recommended Action:
Adopt the attached ordinance authorizing the City Manager to execute an
agreement substantially similar to the Agreement attached to this Report, and
to execute such other documents and to take such further actions as may be
necessary to implement, administer, and enforce such Agreement. All
documents are subject to approval as to form by the City Attorney.
------- ------
Robert S. Cowell, Jr.
City Manager
Attachments
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community
Development
Wayne Bowers, Director of Economic Development
Amelia C. Merchant, Acting Director of Finance
Final Draft 11 -10 -17
PERFORMANCE AGREEMENT
REGARDING
OPERATION PERIOD
ECONOMIC DEVELOPMENT GRANT
This Performance Agreement Regarding Operation Period Economic Development Grant (`EDA
Operation Grant Agreement") is dated , 2017, by and among the City of Roanoke,
Virginia, a municipal corporation ( "City "), Humm Kombucha LLC, (the 'Parent"), an Oregon
Limited Liability Company, authorized to transact business in the Commonwealth of Virginia,
and its subsidiaries or affiliates that may be created to own and/or operate the Facility described
below (together, such subsidiaries and affiliates are "Subsidiaries" and the Parent and
Subsidiaries together, jointly and severally, are °Humm "), and the Economic Development
Authority of the City of Roanoke, Virginia, an industrial development authority organized and
existing under the laws of the Commonwealth of Virginia ( "EDA ").
RECITALS
WHEREAS, Humm has proposed to construct, equip, and operate at 1950 Blue Hills Drive,
N.E., in the City, a brewery and packaging facility ("Facility");
WHEREAS, construction of the Facility will involve substantial investment in the property to be
acquired by Humm from the City at 1950 Blue Hills Drive, N.E., Roanoke, Virginia, containing
approximately 12.042 acres, more or less, depicted as Official Tax Map No. 7230103, and more
particularly described in Exhibit A attached hereto and made a part hereof (`Property");
WHEREAS, construction of the Facility will require the acquisition and installation of
specialized machinery and equipment designed for the production of product at the Facility
( "Equipment ") and such Equipment is more particularly described in Exhibit B attached hereto
and made a part hereof;
WHEREAS, construction of the Facility at the Property (Project "), including installation of the
Equipment, will be performed substantially in accordance with certain plans (Project Plans ") to
be submitted to the City of Roanoke Planning, Building and Development Department;
WHEREAS, the City and Humm have entered into a Contract for the Purchase and Sale of Real
Property dated , 2017 (`Contract") under which Humm has agreed, subject to terms and
conditions, as set forth in the Contract, to purchase the Property for $943,400;
WHEREAS, the City recognizes that construction of the Facility will require Humm to incur
significant costs related to acquisition and installation of the Equipment;
EDA Opnmeion Paformanao Ageoment
Final Draft 11 -10 -17
WHEREAS, Humm has requested economic grants from the City through the EDA to assist with
the cost of acquisition and installation of the Equipment and related costs necessary for the
acquisition and installation of Equipment ( "Equipment Expenses ");
WHEREAS, the City and the EDA desire that development of the Project proceed, have
determined such Project will promote economic development within the City and within the
Roanoke Region, and such Project will provide additional tax revenue and services to benefit the
citizens of the City and the Roanoke Region;
WHEREAS, the EDA, based on the undertakings of Humm, has determined to make an annual
economic development grant for a specified period to Humm from funds to be provided to the
EDA by the City, all in accordance with the terms of this EDA Operation Grant Agreement;
WHEREAS, Humm plans to undertake the Project based, in part, on the commitment of the EDA
and City to make an annual economic development grant for a specified period to Humm in
accordance with the terms of this EDA Operation Grant Agreement; and
WHEREAS, the parties wish to reduce to writing the agreement of the parties concerning this
matter.
NOW, THEREFORE, the parties, in consideration of the promises and obligations contained in
the above Recitals, which Recitals are incorporated herein and made a part hereof, and as set
forth herein, mutually agree as follows:
SECTION 1. EDA OPERATION GRANTS.
Subject to the terms of this EDA Operation Grant Agreement, the EDA shall, for the purposes of
promoting economic development in the City and the Roanoke Region, make four (4) annual
EDA Operation Grants (each an EDA Operation Grant), the total aggregate amount of which is
estimated to be $155,251, to Humm in order to assist with Equipment Expenses related to
completing the Project The EDA's obligations hereunder are not general obligations of the
EDA, but are special obligations of the EDA limited to those funds which are provided by the
City and received by the EDA under the terms set forth herein.
SECTION 2. OBLIGATIONS OF HUMM
Humm agrees and promises that in order to qualify to receive and to continue to receive each
EDA Operation Grant for each grant year (as defined in this Agreement), Humm shall do or
provide each of the following, all of which are material to this EDA Operation Grant Agreement:
A. Provide to the EDA and the City on request prior to the execution of this EDA
Operation Grant Agreement, and promptly at any time after its execution, sufficient
documentation, as reasonably determined by the EDA and the City, establishing that
Humm has the right, authority, and financial ability to develop the Property as
contemplated by this EDA Operation Grant Agreement and to operate the Facility on
such Property.
EDA OPI-Wn Pedom,mme Agrwmant
Final Draft 11 -10 -17
B. Humm shall complete construction of the Facility and commence production and sale
of product at the Facility on or before December 31, 2019, in accordance with all
permits, approvals, and authorizations pursuant to applicable federal, state, and local
laws, rules, regulations, and ordinances.
C. Humm shall spend or cause to be spent the amount of at least $4,100,000 by
December 31, 2020, for the items set forth in Exhibit B (the "Minimum Equipment
Expenses "). Humm shall provide verification of the expenditures for such Minimum
Equipment Expenses by submitting a copy of the inventory of its business personal
property tax /machinery and tools tax return at the time Humm submits its initial
request for an EDA Operation Grant.
D. Humm shall file all appropriate and applicable real estate taxes, other taxes, fees,
stormwater utility fees, and other tax forms or notices with the City and timely pay all
such taxes and fees to the City and not claim any exemptions from real estate taxes or
other taxes or fees with respect to the Property or the Facility for any periods of time
for which EDA Operation Grant funds are requested. Humm shall also ensure that
the owner of the Property and any entity that may operate and /or manage the Facility
and/or Property, if different than Humm, also complies with all the obligations of this
Section 2 (D) and any other applicable provisions of this EDA Operation Grant
Agreement.
SECTION 3. EDA OPERATION GRANT
Subject to the conditions as set forth in this EDA Operation Grant Agreement, the EDA will
provide certain grant funds, limited to those funds which are received by the EDA from the City,
as set forth below, to Humm, in order to assist with the acquisition and installation of the
Equipment necessary to operate the Facility, as follows:
A. Humm shall apply for its initial EDA Operation Grant pursuant to this EDA
Operation Grant Agreement by April I of the year in which Humm has submitted its
initial inventory for business personal property /machinery and tools to the City of
Roanoke, Virginia, Commissioner of Revenue ( "Commissioner ") for the initial
assessment of the City's business personal property tax / machinery and tools tax and
Humm has received and paid the assessment for such business property tax/
machinery and tools tax by March 15 of that year ( "First Grant Year"), Each Grant
Year shall be a calendar year commencing January 1 and ending December 31,
B. Such EDA Operation Grant may be requested for a maximum period of four (4)
consecutive Grant Years, beginning with the first Grant Year as determined in
Section 3 (A) above. The four (4) year period shall continue to run whether or not an
EDA Operation Grant request is made for any particular Grant Year. All EDA
Operation Grant requests must be submitted to the EDA not later than April I of each
subsequent Grant Year, provided that Humm has timely completed the following: (i)
submitted its inventory of business personal property /machinery and tools with the
Commissioner; and (ii) paid the assessment of the business personal property tax /
EDA Opexaiion PM I..n AIIec.en,
Final Draft 11 -10 -17
machinery and tools tax determined by the Commissioner on or before March of each
subsequent Grant Year.
Furthermore, the amount of the EDA Operation Grant shall be reduced by the
amount, if any, of a refund made by the City to Humm for an adjustment or
overpayment of business personal property taxes/ machinery and tools taxes based
upon an exoneration, in whole or in part, of the value of business personal
property /machinery and tools for a prior Grant Year.
C. The amount of each EDA Operation Grant request shall only be for an amount equal
to 50% of the revenue amount actually received by the City as of March 15 of the
Grant Year, subject to the limits set forth in this EDA Operation Grant Agreement,
that directly resulted from the Property, the Facility or the Project and that came from
business personal property taxes / machinery and tools taxes. Provided, however, any
increase in the rate of the aforementioned tax for the purpose of dedicating the
incremental revenue for a specific project or purpose shall be excluded from and not
counted in the amount of tax revenue resulting from the Property or Project.
SECTION 4. DISTRIBUTION OF EDA OPERATION GRANT FUNDS
Following its payment of business personal property taxes / machinery and tools taxes to the City
in each Grant Year, but in no event later than April l of each Grant Year, and upon Humm's
compliance with the obligations set forth in this EDA Operation Grant Agreement, Humm may
request in writing that the EDA obtain and provide the EDA Operation Grant funds mentioned
above in accordance with the terms of this EDA Operation Grant Agreement. Such request must
be accompanied by sufficient documentation to establish to the reasonable satisfaction of the
EDA and the City, Humm's compliance with the obligations set forth in this EDA Operation
Grant Agreement. Upon receipt of such request, and approval by the EDA (approved request),
the EDA will forward the approved request to the City Manager and Director of Economic
Development. The written EDA Operation Grant request(s) from f lumen to the EDA will be on
a form approved by the EDA's counsel, attached hereto as Exhibit C. The EDA may disapprove
any request not complying with the terms of this Agreement or require a revised request be
submitted. Should the EDA disapprove an EDA Operation Grant request or require that Humm
submit a revised request, the EDA shall provide written notice to Humm stating the basis for
disapproval and any defect in the EDA Operation Grant request and specifying the required
additional information. Humm shall submit the revised or resubmitted request within 30 days of
receipt of such written notice. After the EDA approves a request, the EDA will promptly make a
written request to the City for the distribution to the EDA of the City's appropriation of such
funds. The EDA will forward approved Grant requests to the City Manager as well as the
Director of Economic Development. The City will process such approved request within 45 days
of receipt thereof, subject to such funds being appropriated, as set forth in more detail in Section
20 below.
The EDA will make any approved payment to Humm within 10 business days from the date of
receipt of the funds from the City, provided, however, the EDA has no liability in the event the
City delays processing the EDA's requisition. The FDA's obligations shall be limited to those
EDA Operation Perramance Agreement
Final Draft 11 -10 -17
funds which the EDA shall receive from the City and shall not be a general obligation, but a
special obligation of the EDA. Furthermore, no EDA Operation Grant requests may be made by
Humm or will be considered by the EDA after June 30 of the end of the fourth Grant Year
SECTION 5. PAYMENT OF EDA'S FEES
Humm shall pay all reasonable out -of- pocket fees (including attorney's fees), costs, and
expenses of EDA incurred by EDA in connection with the approval of this EDA Operation Grant
Agreement, but as to this approval of this EDA Operation Grant Agreement such amount will not
exceed $5,000.00. Payment of such expenses shall not be made from proceeds of the EDA
Operation Grant or any other EDA Grant. EDA will submit statements to Humm for such items
and Humm will pay such statements within 30 days after such receipt of the invoice by Humm.
SECTION 6. REPORTS TO THE EDA AND THE CITY
Until Humm is no longer eligible to receive any FDA Grant pursuant to this FDA Operation
Grant Agreement, Humm agrees to report to and provide the EDA and the City on a semi - annual
basis, on or before June 30 and December 31 of each year, sufficient information related to
Humm's compliance with the conditions of this EDA Operation Grant Agreement and to provide
appropriate documentation to support such compliance. The EDA and the City shall, within
thirty (30) days after the date of this Agreement, provide Humm with a list of the specific types
of information that the City and EDA request that Humm report and provide on each such semi-
annual reporting date. To the extent the City or EDA wish to modify or add to such requested
information, the City or FDA, as applicable, shall notify Humm of any such change or additional
request not less than thirty (30) days before the next applicable semi - annual reporting date.
Humm also agrees to allow the EDA, the City, and/or its representative, on written request by the
EDA or the City, to inspect, audit, copy, or examine any of Humm's books, documents, or other
relevant materials that contains information relevant to Humm's compliance with the conditions
of this EDA Operation Grant Agreement for the sole and exclusive purpose of confirming
Humm's compliance with the conditions of this EDA Operation Grant Agreement. All such
documents, information (including electronic data), or access shall be provided or made available
within 30 days of a written request from either the EDA or the City, at no cost to the FDA or the
City. However, any such audit or examination will not be more frequent than twice within a
calendar year.
SECTION 7. COMPLIANCE WITH LAWS
Humm agrees to comply with all applicable federal, state, and local laws, rules, and regulations
in the performance of this EDA Operation Grant Agreement, including, but not limited to,
obtaining, timely paying, and maintaining a City business license.
SECTION S. COOPERATION
Each party agrees to cooperate with the other in a reasonable manner to carry out the intent and
purpose of this FDA Operation Grant Agreement.
EDA npomtion petl'ormame Agreement
Final Draft 11 -10 -17
SECTION 9. SEVERABILITY
If any term of this EDA Operation Grant Agreement is found to be void or invalid, such
invalidity shall not affect the remaining terms of this EDA Operation Grant Agreement, which
will continue in full force and effect. The parties intend the remaining provisions of the EDA
Operation Grant Agreement be enforced to the fullest extent permitted by applicable law.
SECTION 10. AUTHORITY TO SIGN
The persons who have executed this EDA Operation Grant Agreement on behalf of the parties
represent and warrant they are duly authorized to execute this EDA Operation Grant Agreement
on behalf of their respective entities.
SECTION 11. COUNTERPART COPIES
This EDA Operation Grant 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.
SECTION 12. SUCCESSORS.
The terms, conditions, provisions, and undertakings of this FDA Operation Grant Agreement
shall be binding upon and inure to the benefit of each of the parties hereto and their respective
successors and permitted assigns.
SECTION 13. NONDISCRIMINATION
Until Humm is no longer eligible to receive any EDA Operation Grant pursuant to this EDA
Operation Grant Agreement, Humm agrees as follows with respect to the Project and the
Facility:
A. Humm 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 Humm. Humm agrees to post in conspicuous places,
available to employees and applicants for employment, notices setting forth the
provisions of this nondiscrimination clause.
B. Humm in all solicitations or advertisements for employees placed by or on behalf
of Humm will state Humm is an equal opportunity employer.
C. Notices, advertisements, 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.
EDA Operation Performance Agreement
Final Draft 11 -10 -17
SECTION 14. ASSIGNMENT.
Humm shall not assign or transfer any part of this EDA Operation Grant Agreement to any party
without the prior written consent of the City which consent shall not be unreasonably withheld,
delayed, or conditioned. A change in the holder of the controlling interest in Humm shall
constitute a transfer that is subject to the prior consent of the City, which consent shall not be
unreasonably withheld. However, for avoidance of any doubt, an assignment does not include
any transfer of a minority interest in the shares or other ownership interests of Humm, regardless
of whether the transfer occurs voluntarily or involuntarily, by operation of law, or because of any
act or occurrence
SECTION 15. INDEMNITY.
Humm agrees to indemnify and hold harmless the EDA, the City, and their officers, directors,
and employees free and harmless for and from any and all claims, causes of action, damages, or
any liability of any type, including reasonable attorney's fees, on account of any claims by or any
injury or damage to any persons or property growing out of or directly or indirectly resulting or
arising in any way out of any actions, omissions, or activities of Humm or its agents, employees,
or representatives arising out of or connected in any way to any of the matters involved in this
EDA Operation Grant Agreement or any performance thereunder, except to the extent caused by
the sole actions, omissions, or activities of the City, the EDA, or their agents or employees.
SECTION 16. OPPORTUNITY TO CURE.
Except for the requirements contained in Section 23, 2.C, and 2.D above, Humm shall not be
deemed to have failed to perform or discharge any of Humm's duties or obligations in the other
sections of this Agreement until such time as Humm receives written notice thereof and an
opportunity to cure within thirty (30) days after written notice thereof, which notice shall specify
the failure, or, if the failure is of such nature that it could not reasonably be cured within such
thirty (30) day period and Humm does, within said thirty (30) day period, commences to cure
such failure and thereafter proceed, with due diligence, to cure it as soon as is reasonably
practicable under the circumstances, but in no event shall any such cure period be longer than a
total of 180 days from the date of such notice.
SECTION 17. FORUM SELECTION AND CHOICE OF LAW
This EDA Operation Grant Agreement shall be governed, interpreted, and construed under the
substantive laws of the Commonwealth of Virginia, and any cause of action regarding the rights
and duties of the parties must be brought in the Circuit Court or General District Court for the
City of Roanoke, Virginia. This EDA Operation Grant Agreement is not subject to the conflict
of laws provisions of the Commonwealth of Virginia, and all claims, disputes, and other matters
shall be decided only by such court according to the laws of the Commonwealth of Virginia as
aforesaid. The parties further waive and agree not to assert in any such action, suit, or
proceeding, that such party is not personally subject to the jurisdiction of such courts, that the
action, suit, or proceeding, is brought in an inconvenient forum or that the venue of the action,
suit, or proceeding is improper.
EDA Operation Performance Agreement
Final Draft 11 -10 -17
SECTION 18. NONWAIVER
Each party agrees any party's waiver or failure to enforce or require performance of any term or
condition of this EDA Operation Grant Agreement or any party's waiver of any breach of this
EDA Operation Grant Agreement by any other party 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 EDA Operation
Grant Agreement or a waiver of any other breaches of the Agreement by either party and does
not waive the defaulting party's obligation under this EDA Operation Grant Agreement and does
not bar the non - defaulting party from asserting any and all rights and/or remedies it has or might
have against the defaulting party under this Agreement or by law.
SECTION 19. CAPTIONS AND HEADINGS.
The section captions and headings are for convenience and reference purposes and shall not
affect in any way the meaning or interpretation of this EDA Operation Grant Agreement.
SECTION 20. APPROPRIATION OF FUNDS.
All obligations or funding undertaken by the City or the EDA in connection with this EDA
Operation Grant Agreement are subject to availability of funds and the appropriation of such
funds by City Council as may be necessary for such obligations or funding. If any such funding
is not provided, withdrawn, or otherwise not made available for this FDA Operation Grant
Agreement, with the result that the City is unable to perform its obligations hereunder, the City
shall give written notice to Humm of such unavailability of funding. The City Manager shall
include funding for the EDA Operation Grants under this EDA Operation Grant Agreement in
each annual budget proposed by the City Manager. If any such funding is not approved,
withdrawn, or otherwise not made available for the EDA Operation Grants under this EDA
Operation Grant Agreement, City shall provide Humm with written notice of such unavailability
of funding.
SECTION 21. PERFORMANCE.
If Humm fails to comply with any of Humm's material obligations under this EDA Operation
Grant Agreement, and which are not cured as may be allowed by this EDA Operation Grant
Agreement, as determined by the City in the City's reasonable discretion, Humm will not be
entitled to be eligible for and/or receive and/or continue to be eligible for and/or receive any such
EDA Operation Grants funds as referred to above or in this EDA Operation Grant Agreement.
SECTION 22. 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 (or any other address the party to be notified may have designated to the sender by like
notice):
EDA OPe- W.Nlt.a nnw AgrYemenl 8
Final Draft 11 -10 -17
If to City, to:
City of Roanoke, City Manager
364 Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Fax No. 540-853-1138
With a copy to:
City of Roanoke, Economic Development Director
117 Church Avenue, S.W.
Roanoke, Virginia 24011
Fax No. 540-853-1213
And, a copy to:
City of Roanoke, City Attorney
464 Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Fax No. 540- 853 -1221
If to FDA, to:
Chair, Economic Development Authority
of the City of Roanoke, Virginia
c/o Harwell M. Darby, Jr., Esquire
Glenn, Feldmann, Darby & Goodlatte
37 Campbell Avenue, S.W.
Roanoke, Virginia 24011
Fax No. 540- 224 -8050
If to Humm, to:
Humm Kombucha LLC
ATTN: CEO
20720 NE Brinson Blvd.
Bend, Oregon 97701
With a copy to:
Karnopp Petersen LLP
360 SW Bond Street, Suite 400
Bend, Oregon 97702
Facsimile: 541 - 388 -5410
Attention: Jon J. Napier
Notice shall be deemed delivered upon the date of personal service, five days after deposit in the
United States mail, or the day after delivery to a nationally recognized overnight courier.
SECTION 23. FAITH BASED ORGANIZATIONS.
Pursuant to Virginia Code Section 2.2-4343. I be advised the Cite does not discriminate against
faith -based organizations
aDA 0,.1ion Performance Agreement
Final Draft 11 -10 -17
SECTION 24. FORCE MAJEURE.
A delay in, or failure of, performance by any party, shall not constitute a default, nor shall
Humm, the City, or FDA be held Gable for loss or damage, or be in breach of this EDA
Operation Grant Agreement, if and to the extent that such delay, failure, loss, or damage is
caused by an occurrence beyond the reasonable control of such party, and its agents, employees,
contractors, subcontractors, and consultants, including results from Acts of God or the public
enemy, compliance with any order or request of any governmental authority or person authorized
to act therefore, acts of declared or undeclared war, public disorders, rebellion, sabotage,
revolution, earthquake, floods, riots, strikes, labor or equipment difficulties, delays in
transportation, inability of party to obtain necessary materials or equipment or permits due to
existing or future laws, rules or regulations of governmental authorities or any other causes,
whether direct or indirect, and which by the exercise of reasonable diligence said party is unable
to prevent; provided, however, that lack of funds shall not be deemed to be a reason beyond the
reasonable control of Humm. For purposes of this EDA Operation Grant Agreement any one
delay caused by any such occurrence shall not be deemed to last longer than 6 months and the
party claiming delay caused by any and all such occurrences shall give the other parties written
notice of the same within 30 days after the date such claiming party learns of such occurrence.
Notwithstanding anything else set forth above, after a total of 9 months of delays of any type
have been claimed by a party as being subject to force majeure, no further delays or claims of
any type shall be claimed by such party as being subject to force majeure and/or being an
excusable delay.
Humm shall comply with the provisions of Virginia Code Section 2.2- 4311.2, as amended,
which provides that a contractor organized as a stock or nonstock corporation, limited liability
company, business trust, or limited partnership or registered as a registered limited liability
partnership shall be authorized to transact business in the Commonwealth as a domestic or
foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law.
Humm shall not allow its existence to lapse or its certificate of authority or registration to
transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked
or cancelled at any time during the term of the contract or agreement. The City or EDA may
void this EDA Operation Grant Agreement if Humm fails to remain in compliance with the
provisions of this section. However, the City and EDA agree that Humm may cure this matter
within thirty (30) days after Humm's receipt of written notice from the City or FDA, as
applicable, specifying the breach with reasonable particularity and stating that the City or EDA,
as applicable, plans to void this EDA Operation Grant Agreement if such breach is not cured
within thirty (30) days.
0
EDA Opeaoion Pcdonnancc Ayreunwi
Final Draft 11 -10 -17
SECTION 26. OF THE EDA OPERATION GRANT AGREEMENT
The provisions of this EDA Operation Grant Agreement shall not be construed in favor of or
against either party, but shall be construed according to their fair meaning as if all parties jointly
prepared this EDA Operation Grant Agreement.
SECTION 27. RETENTION OF REPORTS TO EDA AND THE CITY.
The City, EDA, and Humm shall maintain all books, records, and other documents relating to
this FDA Operation Grant Agreement for a period of five (5) years after the end of each fiscal
year included in this EDA Operation Grant Agreement. The City, EDA, and Humm, and their
authorized employees, agents, and/or representatives, shall have reasonable access to and the
right to examine, copy, and/or audit any of such materials of the other parties during the term of
this EDA Operation Grant Agreement and/or retention period in connection with this EDA
Operation Grant Agreement.
SECTION 28. ATTORNEY'S FEES.
If any arbitration, action, suit, or proceeding is instituted to interpret, enforce, or rescind this
EDA Operation Grant Agreement, or otherwise in connection with the subject matter of this
EDA Operation Grant Agreement, the prevailing party on a claim will be entitled to recover with
respect to the claim, in addition to any other relief awarded, the prevailing party's reasonable
attorney's fees and other fees, costs, and expenses of every kind directly related to such
proceeding as determined by the presiding officials or court, as applicable.
SECTION 29. ENTIRE AGREEMENT.
This EDA Operation Grant Agreement, together with any exhibits or attachments, constitutes the
entire agreement of the parties with regard to its subject matter and supersedes all prior
agreements between the parties regarding said subject matter. No amendment to this Agreement
shall be valid unless made in writing and signed by the parties.
(SIGNATURE PAGE TO FOLLOW)
EDA Operation Performance Agreement
Final Draft 11 -10 -17
IN WITNESS WHEREOF, the parties have executed this EDA Operation Grant Agreement by
their authorized representatives.
ATTEST: CITY OF ROANOKE VIRGINIA
City Clerk
WITNESS:
Printed Name and Title
WITNESS:
Braxton G. Naff, Secretary
Approved as to form
City Attorney
Date:
Approved as to form
EDA Counsel
Date:
By:
Robert S. Cowell, Jr., City Manager
HUMM KOMBUCHA LLC
on behalf of itself and its subsidiaries and any
affiliates that may be created to own and/or operate
the Facility
By:
Jamie Danek, CEO
ECONOMIC DEVELOPMENT
AUTHORITY OF THE CITY OF
ROANOKE, VIRGINIA
By:
Allen Damon Williams, Chair
Approved as to execution
City Attorney
Date:
Approved as to execution
EDA Counsel
n'to
Appropriation and funds required for this
Agreement are subject to future appropriation.
Director
Date Acct#
Authorized by Ordinance
No.
EDA Operation Peip rmence Agreement 12
Final Draft 11 -10 -17
Exhibit A to Performance Agreement Regarding Operation Period Economic Development
Grant Among City of Roanoke, Virginia, Economic Development Authority of the City of
Roanoke, and Humm Kombucha LLC dated _, 2017.
Legal Description Of Real Property
Roanoke Official Tax Map No. 7230103
ALL OF THAT CERTAIN PARCEL OF REAL ESTATE known as New Tract A (containing
12.042 acres) southern side of Blue Hills Drive, as shown on plat prepared by Lumsden
Associates, P.C. entitled: "Plat Showing the Resubdivision of a 116.048 Acre Tract, Creating
hereon New Tract "A" (12.042 Acres), Tract `B" (7.423 Acres), Tract "F" (18.437 Acres),
"Utility Lot 1" (0.331 Acres), "Utility Lot 2" (0.332 Acres) & Dedicating 3.711 Acres for the
Right -of -Way of Blue Hills Drive, and Leaving 73.772 Acres of Remaining Property of the City
of Roanoke, Virginia" dated December 6, 2001, stamped February 20, 2002, and recorded in the
Clerk's Office of the Circuit Court of the City of Roanoke, Virginia at Map Book 1, Page 2408,
TOGETHER WITH AND SUBJECT TO the perpetual easements through, over and across the
properties partitioned to Anderson Wade Douthat, James Fielding Douthat and Nancy Goss in
Decree of Partition dated November 30, 1982, recorded in Deed Book 1482, page 24, which shall
be appurtenant to the titles thereto for the installation, maintenance and repair of all water lines
and fixtures presently existing or reasonably required for the use and development of said lands.
TOGETHER WITH AND SUBJECT TO all of the rights, interest & privileges contained in a
certain contract of Lease dated December 28, 1939, between Alice Huff Johnson, et. vir.,
Lessors, and J. N. Phelps, Lessee, recorded in Roanoke County in Deed Book 276, page 480 and
modified by subsequent Agreement dated June 15, 1945, recorded in Deed Book 324, page 363,
which Agreement was referenced in Decree of Partition recorded in Deed Book 1482, page 24.
BEING A PORTION of the property conveyed to Seller by (i) deed dated October 2, 1989, from
Anderson Wade Douthat, 1II, and Frances Brown Douthat, recorded in the Office of the Clerk of
the Circuit Court of the City of Roanoke, Virginia in Deed Book 1610, Page 205; (it) deed of
correction dated October 3, 1989, from Nancy D. Goss, L.W. Goss, James F. Douthat, Ann Scott
Douthat, Anderson Wade, Douthat III, and Frances Brown Douthat recorded in the Office of the
Clerk of the Circuit Court of the City of Roanoke, Virginia in Decd Book 1612, Page 1155; (iii)
deed dated June 22, 1990, from Nancy D. Goss and L.W. Goss, James F. Douthat and Ann T.
Douthat, recorded in the Office of the Clerk of the Circuit Court of the City of Roanoke, Virginia
in Deed Book 1624, Page 1883; and (iv) deed dated August 14, 1992, from Annalee Huffman,
Paul Huffman, Wilmer Conner, Christine Conner, Ruby M. Gibson, Sam W. Gibson, Douglas
Conner, Martha J. Conner, and Ruby M. Gibson, recorded in the Office of the Clerk of the
Circuit Court of the City of Roanoke, Virginia in Deed Book 1671, Page 1083.
The description of the Real Property will be amended to reflect the description established by the
final survey obtain by Buyer, and approved by Seller.
3
LDA Operation Parfarmmee Agreemem
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Exhibit B to Performance Agreement Regarding Operation Period Economic Development
Grant Among City of Roanoke, Virginia; Economic Development Authority of the City of
Roanoke; and Human Kombucha LLC dated .2017
DESCRIPTION OF MACHINERY AND EQUIPMENT
Production Area Typo of Equipment Production Area Type of Equipment
Operational Water Treatment Tank
Boilers
Process Piping
Filtration System
Automation Instrumentacon
GC-resting Device
Cubicles
Printers
Computers /Setups for Workstations
Office Furniture & Chairs
Breakroom Equipment & Furniture
Floor Scrubber
CIP pump
❑P Skid & Sannanon Equipment
Modular Cooler
Pallet lacks
Pallet Racks
Drum Cover /Spill Pallet
Skylack
Flow Meter
Forklifts & Assembly
Packaging Line Depalititer
Filler
Laboraipry /QC
Brewing
Mixing Tank
Strainers and Screens
Hoses
Displacement Pump & Backup Drive
Positive Pumps Misc.
Air Pump
Vacuum Pumps
Fermentation
Fermentation Tanks
Cetotec Automation Equipment
Cellznng
Glycol Unit
Brite Tanks
Capper
Labeler
Palletuer
X -ray Machine
Printer /Laser Marking system
Squid Ink add on
Packaging Scale
PET /Sanky Keg Filter
Conveyor /Roller
Pallet Wrapper & Ramp
Carbonation Equipment
Tiered Can for packaging
DC Meters
Steam Scrubber
Lab furniture
Fume Hood
Piping for lab
Spectrophotometer
Tnrator
Tank Agitator
Cartionation tester
propagation needs
Automanon Software
Total estimated cost for all listed equipment exceeds $6,000,000.
EDA oPrr,doe Pe<roFi Agrrmeet 14
Final Draft 11-10-17
Exhibit C to Performance Agreement Regarding Operation Period Economic Development
Grant among the City of Roanoke, Virginia, Humm Kombucha LLC, and the Economic
Development Authority of the City of Roanoke, Virginia
EDA Operation Grant Request Form
This EDA Operation Grant Request is submitted pursuant to a certain Performance Agreement
Regarding Operation Period Economic Development Grant dated , (the
"EDA Operation Grant Agreement "), by and among the City of Roanoke, Virginia, (`City"),
Humm Kombucha LLC, ( "Humm"), and the Economic Development Authority of the City of
Roanoke, Virginia, ( "EDA "). Terms defined herein shall have the same meanings ascribed to
such terms in the EDA Operation Grant Agreement.
The EDA Operation Grant Agreement provides that Humm shall perform and comply with
certain obligations as set forth in the EDA Operation Grant Agreement in order to qualify to
receive and to continue to receive an EDA Operation Grant for each Grant Year as set forth in
such EDA Operation Grant Agreement. Upon compliance with the provisions of the EDA
Operation Grant Agreement, Humm may make a request to the EDA for an EDA Operation
Grant in accordance with the procedures set forth in the EDA Operation Grant Agreement and
subject to the terms and limitations on the amount of such Grant as further set forth in the EDA
Operation Grant Agreement. Furthermore, Humm must supply documentation as required by the
EDA Operation Grant Agreement in order to document Human's request and Humm's
compliance with the EDA Operation Grant Agreement. This documentation is set forth in
Attachment I to this form. Each Grant Year is to be considered separately for compliance with
the requirements for an EDA Operation Grant Request.
Humm warrants and represents that it has complied with all the terms and conditions of the EDA
Operation Grant Agreement necessary for Humm to obtain EDA Operation Grant Funds from
the EDA, including, but not limited to, the applicable provisions of Section 2 of the EDA
Operation Grant Agreement.
Attached to this EDA Operation Grant Request form is the information Humm represents as
being sufficient to demonstrate that the City has been paid and has actually received the sum of
$ from the applicable revenue sources referred to in the EDA Operation
Grant Agreement from the Project as of March 15, , and that Humm has complied with all
requirements of the EDA Operation Grant Agreement to qualify it to receive this EDA Operation
Grant. Humm further warrants and represents that {check one] _ Humm has not applied for or
received a refund of business personal property taxes/ machinery and tools taxes paid to the City
during a prior Grant Year; or Humm has received a refund of S for business personal
property taxes / machinery and tools taxes paid to the City for a prior Grant Year and such refund
was not included in a prior Grant Request Form submitted by Humm (Refunded Amount ").
Accordingly, Humm hereby requests from the EDA an EDA Operation Grant, as provided for in
the EDA Operation Grant Agreement, in the amount of $ , which is an amount that
is allowed by the terms of such EDA Operation Grant Agreement and which is supported by the
attached documentation as Attachment 1 to this EDA Operation Grant Request. This EDA
Operation Grant Request is for Grant Year No.
LDA Operation Puf.—nc Ayreemem 15
Final Draft 11 -10 -17
Amounts previously paid by the EDA to Humm in EDA Operation Grants total $
The EDA Operation Grant Agreement provides an EDA Operation Grant Request may be
requested for a maximum period of four (4) consecutive years, which shall begin and include the
first Grant Year. Therefore, since this is EDA Operation Grant Request No. for the Grant
Year January 1, , through December 30, , there remain(s)
consecutive years for which an EDA Operation Grant Request may be made by Humm provided
Humm complies with the terms and provisions of the EDA Operation Grant Agreement, No
EDA Operation Grant Request may be presented for any Grant Year after January I, 2025
through December 31, 2025 and must be submitted on or before April 1, 2025.
In the event of a conflict or difference between the terms of the EDA Operation Grant
Agreement and those contained in this EDA Operation Grant Request form, the terms and
provisions of the EDA Operation Grant Agreement shall control.
Humm respectfully requests that the EDA process this EDA Operation Grant Request through
the City and send copies to the City Manager and the City's Economic Development
Administrator, in accordance with the provisions of the EDA Operation Grant Agreement.
This EDA Operation Grant Request is dated
WITNESS: Humm Kombucha LLC
10
Printed Name and Title Printed Name and Title
[Subsidiary]
16
FDA Ope.W� Puff., a A,,o em
Final Draft 11 -10 -17
ATTACHMENT I to EDA Operation Grant Request Form
Each Operation Grant Request shall include the following documentation:
(1) A copy of the inventory of business personal property /machinery and tools for the current
Grant Year submitted by Humm to the City of Roanoke, Virginia Commissioner of
Revenue ( "Commissioner");
(2) A copy of the assessment of business personal property tax/ machinery and tools tax due
from Humm with respect to such business personal property /machinery and tools; and
(3) Evidence of payment of the business personal property tax/ machinery and tools tax paid
to the City.
EDA Operation PuPortannce Agreement 17