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HomeMy WebLinkAboutCouncil Actions 10-15-18f t DYKSTRA z 41282-101518 ROANOKE CITY COUNCIL REGULAR SESSION OCTOBER 15, 2018 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order - -Roll Call. Council Member Price arrived late. The Invocation was delivered by Vice -Mayor Joseph L. Cobb. 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, October 18 at 7:00 p.m., and Saturday, October 20 at 4:00 p.m.; and video streamed through Facebook Live at facebook.com / /RoanokeVa. 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: Building and Fire Code Board of Appeals — two vacancies Building Representative term of office ending June 30, 2021 Citizen Representative term of office ending June 30, 2021 1 City Planning Commission — two vacancies Terms of office ending December 31, 2022 Human Services Advisory Board — one vacancy Term of office ending November 30, 2022 Personnel and Employment and Practices Commission — one vacancy Term of office ending June 30, 2021 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. Jim Skinner, 2241 Mattaponi Drive, N. W., appeared to express concern about the lack of maintenance on the Lick Run Greenway. Celeste Delgado - Librero, 611 S. Jefferson Street, Apartment. 701, appeared regarding the lack of electric car chargers in the downtown Roanoke area. Truda Roper, 1831 Oxford Avenue, Apartment A, appeared regarding electric car chargers in Roanoke and climate change. 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 A communication from Annette Lewis, Chairman, Roanoke City School Board, transmitting information from the August 6, 2018 joint meeting of City Council and the Roanoke City School Board. RECOMMENDED ACTION: Received and filed. 2 C -2 Financial Report of the Virginia's First Regional Industrial Facility Authority for the year ended June 30, 2018. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA: 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: a. Presentation with regard to the Kiwanis Club of Roanoke Playground Project. Cheri Hartman, President - Elect, Kiwanis Club of Roanoke, Spokesperson. (Sponsored by Vice -Mayor Cobb and Council Member Bestpitch) Kiwanis Club adopted as its signature centennial project the building of an inclusive playground in the Melrose- Orange Target Area that would be designed and built with the community to be served; and wants to maximize the likelihood that the City Council would favorably consider acceptance of the gift once an offer is ready to be made. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF THE CITY MANAGER: a. CITY MANAGER: BRIEFINGS: • Harm Reduction and Opioid - 30 minutes Addiction Response At 3:00 p.m., the Mayor declared the Council Meeting in recess for the convening of the City Council Legislative Committee meeting with area legislators. At 3:07 p.m., the Council Meeting was reconvened, with Mayor Lea presiding and all Members of Council in attendance. Continuation of the abovementioned briefing. Remarks received and filed. 3 ITEMS RECOMMENDED FOR ACTION: 1. Acceptance of the FY 2019 Bulletproof Vest Partnership Grant Award from the United States Department of Justice. Adopted Resolution No. 41282 - 101518 and Budget Ordinance No. 41283-101518. (7 -0) 2. Adoption of a resolution naming the roadway within Highland Park in honor of the late Joel Richert. Adopted Resolution No. 41284 - 101518. (7 -0) 3. Adoption of a resolution in support of an application to the Virginia Department of Transportation Highway Safety Improvement Program. Adopted Resolution No. 41285 - 101518. (7 -0) 4. Appropriation of funds in connection with the admission tax from the Berglund Center. Adopted Budget Ordinance No. 41286- 101518. (7 -0) COMMENTS OF THE CITY MANAGER. The City Manager shared the following comments: Hurricane Michael Response • 1 want to take this opportunity to thank city employees who worked so hard to respond to situations resulting from the aftermath of Hurricane Michael last Thursday. • From the 911 Center, to the Swift Water Rescue Team, to Fire -EMS, Police, street crews, stormwater crews, solid waste crews, and many others — during the storm city employees were busy addressing problems. • Even after the storm, staff worked diligently on -site at areas where flooding occurred to assess damages and clean up. • We are fortunate to have such a committed staff and I appreciate everything they do to help our citizens and community, especially during crisis situations. Bulk /Brush Limits Lifted • In anticipation of an increase in residential bulk and brush amounts resulting from recent weather, the city's bulk and brush limits have been lifted for Solid Waste collections this week. • Residents are encouraged to put all items damaged by the storm to the curb for collection. Bulk and brush collection limits will be waived through Friday, Oct. 19. 4 • Also, residents whose trash or recycling containers are missing as a result of the recent storm are asked to call 853 -2000, Option 1 to inform Solid Waste Management staff. Leaf Collection • Postcards will go out in the mail this week reminding residents of the dates for the 2018 Leaf Collection Schedule. • This information also is posted on the city's website at roanokeva.gov /leafcollection. • As we near the dates for collection, additional messages will be shared to remind residents of leaf collection, which begins the week of Nov. 12 -15. 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. 41287 - 101518. (7 -0) 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a. A resolution memorializing the late Reverend Dr. Charles G. Fuller, longtime pastor of First Baptist Church." Adopted Resolution No. 41288 - 101518. (7 -0) b. A resolution appointing Xavier Duckett as a Director of the City of Roanoke Economic Development Authority, commencing October 21, 2018, and ending October 20, 2022. Adopted Resolution No. 41289 - 101518. (7 -0) C. A resolution designating a Voting Delegate and an Alternate Voting Delegate for the Annual NLC City Summit Business Meeting to be held on Saturday, November 10, 2018, in Los Angeles, California. Adopted Resolution No. 41290 - 101518. (7 -0) 5 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and /or comments by the Mayor and Members of City Council. The City Clerk instructed to schedule a formal presentation of Resolution No. 41288 - 101518. Council Member Osborne mentioned the successful turn out of the Annual Anthem GO Outdoor Festival (GO Fest) on October 12 — 14, 2018, at River's Edge Sports Complex. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. NONE. 12. RECESS. - 4:03 P.M. THE COUNCIL MEETING WAS RECESSED UNTIL 7:00 P.M., IN THE CITY COUNCIL CHAMBER. ROANOKE CITY COUNCIL REGULAR SESSION OCTOBER 15, 2018 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order - -Roll Call. The Invocation was delivered by The Reverend Dustin T. Stradley, Campus Pastor, Elevation 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: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, October 18 at 7:00 p.m., and Saturday, October 20 at 4:00 p.m.; and video streamed through Facebook Live at facebook.com /RoanokeVa. Council meetings are offered with closed captioning for the hearing impaired. 7 La A. PRESENTATIONS AND ACKNOWLEDGEMENTS: Recognition of students from Worcester Polytechnic Institute, Worcester, Massachusetts. Presented students with Certificates of Appreciation and City gifts (Water bottles). Mayor Lea recognized Marcus and Adrian Wilson, Boy Scouts sponsored by First Christian Church in Salem. Both scouts are working on Eagle Scout Merit Badges. The Mayor presented Scout Leader George Wilson and the Boy Scouts with City gifts (Water bottles and City pin). B. PUBLIC HEARINGS: 1. Request of New Century Community Church Inc., to rezone property located at 4221 Melrose Avenue, N. W., from CG, Commercial - General District, to IN, Institutional District. Mike Woolwine, Agent, Hughes Associates Architects and Engineers, Spokesperson. Adopted Ordinance No. 41291 - 101518. (7 -0) 2. Request of the City of Roanoke to amend to Vision 2001 -2020, the City's Comprehensive Plan, in connection with a wireless telecommunications facility to be located at 502 19th Street, S. E. (Fallon Park). Ian D. Shaw, Agent, City Planning Commission. Adopted Ordinance No. 41292 - 101518. (7 -0) 3. Request of the City of Roanoke to amend to Vision 2001 -2020, the City's Comprehensive Plan, in connection with a wireless telecommunications facility to be located at 3137 Preston Avenue, N. W. (Preston Park). Ian D. Shaw, Agent, City Planning Commission. Adopted Ordinance No. 41293 - 101518. (7 -0) C. HEARING OF CITIZENS UPON PUBLIC MATTERS: City Council sets this time as a priority for citizens to be heard. All matters will be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. Wells Selbe, 3348 Grandin Road, S. W., appeared to be request additional law enforcement in the downtown area during the late evening and early morning hours. D. ADJOURN. - 7:53 P.M. M Charging Stations for Electric Vehicles in Roanoke, Virginia L. David Roper, ROPERLD @VT.EDU, http:// www. roperld .corn /personal/roperldavid.htm It appears that electric cars are on the verge of a fast exponential climb on roads: 5 e Rare for battery-electric vehicle sales ee n_ ■ ea ee m anc oils Glow P.—W, — Rant b.V.m1 ` -9YA� icerk.,a .01aria. t" ta00 L200 tow No 600 400 200 0 2015 2020 2025 2010 2033 2010 Also, see http: // www. roperld. com /science /ElectricCarsTotal.htm: 2045 210 • ISMS 1 %M���� MW MW M S MINI�� MW M MW MMr r: r r rr Cities need to prepare for the influx of electric cars; they need to have an array of charging stations of the Level -2 and Level -3 types described below. But, first, some nomenclature: • Battery- electric cars (BEVs) use only electrical energy for propulsion. For example, the Tesla Model 3 Long -Range BEV has a 75- kilowatt -hours (kWh) battery to provide the energy for an EPA -rated range of 310 miles. • Plug -in hybrid cars (PHEVs) use both electricity and gasoline to provide propulsion energy. They have much smaller propulsion batteries than do BEVs. For example, the Chevrolet Volt PHEV has a 18.4 -kWh battery to provide the energy for an electric EPA -rated range of 53 miles. • The term "electric car" or EV usually refers to both BEVs and PHEVs. • The kWh are put into a propulsion battery by a charging station whose power is measured in kilowatts (kW). • It is possible to charge an EV at any standard 120 -volts outlet, but the charging is very slow, about 1.4 kW. These are called "Level -1" charging stations. • Cities and regional roads need many 240 -volts charging stations, which provide 7 -20 kW power for charging EVs. These are called "Level -2" charging stations. • Interstates and other major highways need 480 -volts fast - charging stations about every 50 miles, which provide 50 -350 kW power for charging BEVs. Cities also need a few of these fast - charging stations. These are called "Level -3" charging stations. Here is a short summary of the situation and progress underway in providing the needs for EV charging stations: Tesla has been building a massive network of Level -2 charging stations, called "Destination Chargers ", at hotels, restaurants, parks and shopping centers: rM i • f r«:. 9 r • - •. •Y . S' r • r r • • P ♦ rg.. Jr • ♦ �r•P• T • ,.� PM �! t $•��...- oil Prr �• ♦+ • t •P �' � •rr �� r�.♦ r ♦ �� r � M rr • ?love w• ♦ r �♦ . • j � � rM r�'�'.�!!111� r •< r * •'J.A he Destination Chargers only charge Tesla BEVs. However, Tesla also installs at the same sites Level -2 charging stations for all EVs. Tesla has been building a massive network of Level -3 charging stations, called "Superchargers" at interesting and useful places along major highways: it ne • N •� N 9� ` o � •• v e +f • • • m •� 1 • • •4 • • • o Q 1 � o i •�•� 5 s 0 V" Q • °9 h�;.f V'9N •6�. f Cv P •o • • I The Supercharging locations typically have 6 to 8 Level -3 120 -volts charging stations. They only can charge Tesla BEVs. • Electrify America is building a network of Level -3 charging stations across the U.S. for EVs that are not Tesla Only a few have • * . . • � � � 4 E,��p,. • Ip i rtti ♦ b i AiW b s 4 Zf 4M • BEVs: 0 been built in 2018. Only a few have * [hanQepo\nt has a network ofLevel-2 and Level-3chaq�U.S.: n0statiunsacro�st�eU� .~ 0 0 C4 G CIO � 0 Plugshare.com is the main web page for location all charging stations. Here is a map of the non-Tesla Level-3 charging stations P|u8shane shows in October I018: -T-i 11 9~�� ^ -`= 9 How does Roanoke fare with regard to Level -2 and Level -3 charging stations? Here are the existing Level -2 w o Roar oke irk 6Ir:a rCI PT charging stations: They are: 1. Berglund Ford: 1 standard Level -2 2. Hampton Inn Salem East - Electric Road: 2 standard Level -2 and 2 Testa Destination Chargers 3. Salem Veterans Affairs Medical Center: 6 standard Level -2 4. Audi Roanoke: 1 standard Level -2 5. Truda's & Joseph's Airbnb: 1 standard Level -2 6. First Team Nissan: 1 standard Level -2 7. Country Inn & Suites: 2 standard Level -2 and 4 Testa Destination Chargers 8. River House: 1 standard Level -2 (often block by gasoline cars; parking space needs to be brightly pained for EVs only!) 9. Virginia Museum of Transportation: I standard Level -2 (Has not worked for a few years!) 10. Holiday Inn Express Roanoke: 2 standard Level -2 and 4 Testa Destination Chargers 11. Hotel Roanoke and Conference Center: I standard Level -2 and 2 Testa Destination Chargers 12. Magic City Ford Lincoln Isuzu: 1 standard Level -2 • The 8 at hotels and car companies may not be available to all EVs drivers. • Roanoke should have at least a dozen working Level -2 charging stations located strategically around the city! The city should do what is required to get the one working at Virginia Museum of Transportation! • Blacksburg has 11 public working Level -2 charging stations. • Charlottesville has 13 public working Level -2 charging stations. G charging stations: They are: 1. Berglund Ford: 1 standard Level -2 2. Hampton Inn Salem East - Electric Road: 2 standard Level -2 and 2 Testa Destination Chargers 3. Salem Veterans Affairs Medical Center: 6 standard Level -2 4. Audi Roanoke: 1 standard Level -2 5. Truda's & Joseph's Airbnb: 1 standard Level -2 6. First Team Nissan: 1 standard Level -2 7. Country Inn & Suites: 2 standard Level -2 and 4 Testa Destination Chargers 8. River House: 1 standard Level -2 (often block by gasoline cars; parking space needs to be brightly pained for EVs only!) 9. Virginia Museum of Transportation: I standard Level -2 (Has not worked for a few years!) 10. Holiday Inn Express Roanoke: 2 standard Level -2 and 4 Testa Destination Chargers 11. Hotel Roanoke and Conference Center: I standard Level -2 and 2 Testa Destination Chargers 12. Magic City Ford Lincoln Isuzu: 1 standard Level -2 • The 8 at hotels and car companies may not be available to all EVs drivers. • Roanoke should have at least a dozen working Level -2 charging stations located strategically around the city! The city should do what is required to get the one working at Virginia Museum of Transportation! • Blacksburg has 11 public working Level -2 charging stations. • Charlottesville has 13 public working Level -2 charging stations. se _ There are only 2 Level -3 charging stations in Roanoke (Market Street in downtown Roanoke and First Team Nissan); both are CHAdeMO stations that only work for Asian BEVs and Tesla's that have an expensive adapter to connect. The major non - Tesla Level -3 station type is called CSS, which is for U.S. and European BEVs. Roanoke needs at least 3 Level -3 CSS /CHAdeMO- combination charging stations located strategically around the city, similar to the 1 at the Town Hall in Blacksburg and the 3 in Charlottesville. Tesla plans to install a Supercharger in Roanoke in 2019: 9 Supercharger Roanoke, VA Cominq Soon Target opening in 2019 exact timing and specific location may vary Currently the nearest Superchargers are in Lexington and Wytheville; one is scheduled to be installed in Staunton in 2019. I 1ki ROANOKE CITY PUBLIC SCHOOLS September 26, 2018 The Honorable Mayor Sherman P. Lea, Sr. School Board and Members of Council Annette Lewis Roanoke, VA 24011 Chairman Dear Mayor Lea and Members of Council: Mark K. Cathey a formal Memorandum of Understanding (previously shared with Vice Chairman At the August 6 Joint Meeting, Council Member Osborne requested Clerk of the Board "data that supports the success of the SRO program as it relates to William B. Hopkins, Jr. building relationships and successful intervention." The following Elizabeth C. S_ Jamison information is provided in response. Laura D. Rottenborn Lutheria H. Smith Student and staff safety is and has been the Board's number one ihck "1111.5 priority for Roanoke City Public Schools. RCPS is fortunate to Dr. Rita D. Bishop benefit from an excellent partnership with the City of Roanoke and Superintendent its police and sheriff's departments in meeting this priority through a formal Memorandum of Understanding (previously shared with Cindy H. Poulton Council members) for DARE (elementary) and school resource Clerk of the Board officers (SRO) (secondary). Our expectation is that these individuals serve as role models and build positive, lasting relationships with our students. These relationships flourish in the schools and spill over into our communities. While quantitative data is not available, there are numerous examples of how valuable these individuals are to our schools and to our community as school -based resources. 1 want to share three significant examples. 1. in January 2017, a high school SRC; was approached by two female students who wanted him to know that their friend, another student, was pregnant and possibly had given birth at home without a caretaker knowing she was pregnant. The students shared text messages including a picture that suggested she would harm the baby. When a guardian could not be reached, the school resource officer notified a patrol officer who responded with another officer to the home. After making contact with the student, who denied giving birth, one of the officers heard what they believed to be a baby, and a search of the student's room revealed a newborn baby hidden in a plastic storage container and in distress. The officers were able to obtain medical treatment for the baby saving its life. This is an example of how the resource officer's relationship with students, who felt safe making the report, saved a life and prevented a potential negative outcome for the student. www.rc,,:Jnfo p:540.853.2381 f: 540.853.2951 P.O. Box 13145 Roanoke VA 24031 Mayor Lea and Members of Council 2 September 26, 2018 2. In August 2018, a middle school SRO was present when a student on the autism spectrum broke and ran from the school. At the time the school was in a "hold and secure" due to a potential danger involving a "shots fired situation" in the neighborhood and no one was allowed to leave or enter the school. RCPS staff was instructed to stay in the school for their protection and the SRO ran after the student without hesitation. The student was quickly returned and unharmed because of this school resource officer's presence and quick action. 3. In September 2018, a SRO supervisor and several officers and deputies responded from home to address a credible threat against two students and an employee. The threat stemmed from a shooting in the community and required additional police staffing due to the lack of DARE deputies at the affected elementary schools and SRO at the program academy. Additionally, principals have shared the following: The SRO is visual throughout our entire school each day and spends the majority of his time talking to students, greeting parents and building positive relationships. His presence in the hallways, cafeteria and main office have been complimented by students, parents and central office employees. The relationship that is built with every student is priceless. Students feet confident in speaking with Officer Woodruff regarding concerns or even home issues. The communication with parents is always positive even in the most negative situation. The collaboration with administration and resource officers is impactful to our school and community. We have students who had their lives devastated by a house fire; the school tries to provide a myriad of supportive services, which may include clothing and food or just emotional support. Without the help of our SRO, our response may not be as timely; as goodwill stewards in our neighborhoods, his rote is absolutely essential. I have had the pleasure of working with several excellent School Resource Officers as an administrator in RCPS. In my opinion, the school resource officers are knowledgeable and willing to assist in any capacity. Most recently, my SRO devised a plan to assist with morning drop -off and pick -up for students. Not only did she create a visual for parents, she talked with parents to ensure they understood the traffic pattern. I believe school resource officers are a great asset to RCPS. The School Board is proud of its focus and commitment to school safety and security. This commitment is enhanced by the presence of the DARE deputies and School Resource Officers in our schools. Sincerely, i A nette Lewis Chairman www.rc s.info p: 540.853.2381 f: 540.853.2951 P.O. Box 13145 Roanoke VA 24031 ......._. ... VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY AUTHORITY FINANCIAL REPORT YEAR ENDED JUNE 30, 2018 VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY AUTHORITY Financial Report Year Ended June 30, 2018 Table of Contents Exhibit Page FINANCIAL SECTION Independent Auditors' Report 1 -2 Basic Financial Statements: Statement of Net Position 1 3 Statement of Revenues, Expenses and Changes in Net Position 2 4 Statement of Cash Flows 3 5 Notes to Financial Statements 6 -15 COMPLIANCE SECTION Independent Auditors' Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 16 -17 Schedule of Findings and Responses 18 FINANCIAL SECTION 'D OBINSO � q FL�R1J ER9 Cox AssoCIATES A PROFESSIONAL LIMITED LIABILITY COMPANY Independent Auditors' Report To the Honorable Members of Virginia's First Regional Industrial Facility Authority Radford, Virginia Report on the Financial Statements CERTIFIED PUBLIC ACCOUNTANTS We have audited the accompanying financial statements of the business -type activities of the Virginia's First Regional Industrial Facility Authority, as of and for the year ended June 30, 2018, and the related notes to the financial statements, which collectively comprise the Authority's basic financial statements as listed in the table of contents. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditors' Responsibility Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the Specifications for Audits of Authorities, Boards, and Commissions, issued by the Auditor of Public Accounts of the Commonwealth of Virginia. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditors' judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Opinion In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the business -type activities of the Virginia's First Regional Industrial Facility Authority, as of June 30, 2018, and the changes in financial position, and cash flows thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America. Other Matters Required Supplementary Information Management has omitted management's discussion and analysis that accounting principles generally accepted in the United States of America require to be presented to supplement the basic financial statements. Such missing information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. Our opinion on the basic financial statements is not affected by this missing information. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated August 20, 2018, on our consideration of the Virginia's First Regional Industrial Facility Authority's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the Virginia's First Regional Industrial Facility Authority's internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Virginia's First Regional Industrial Facility Authority's internal control over financial reporting and compliance. Blacksburg, Virginia August 20, 2018 -2- Basic Financial Statements Virginia's First Regional Industrial Facility Authority Statement of Net Position As of June 30. 2018 ASSETS Current assets: Cash and cash equivalents Accounts receivable Prepaid items Interest receivable Due from participants Loan receivable (current portion) Total current assets Noncurrent assets: Inventory held for resale Loan receivable (net of current portion) Restricted assets: Cash and cash equivalents Capital assets (net of accumulated depreciation): Water and sewer rights Total noncurrent assets Total assets Exhibit 1 325,590 14,511 927 493 118,371 630 $ 460,522 $ 5,269,929 13,230 511,575 1,236,540 $ 7,031,274 $ 7,491,796 LIABILITIES Current liabilities: Accounts payable $ 7,001 Due to Pulaski County IDA 144,648 Accrued interest payable 33,803 Unearned revenue 8,728 Due to Pulaski County PSA (current portion) 24,761 Bond payable (current portion) 235,000 Total current liabilities $ 453,941 Noncurrent liabilities: Due to Pulaski County PSA (net of current portion) $ 1,248,457 Bond payable (net of current portion) 5,436,817 Total noncurrent liabilities $ 6,685,274 Total liabilities $ 7,139,215 NET POSITION Unrestricted $ Total net position $ The accompanying notes to financial statements are an integral part of this statement. -3- 352,581 352,581 Virginia's First Regional Industrial Facility Authority Statement of Revenues, Expenses and Changes in Net Position Year Ended June 30, 2018 Operating revenues: Annual dues Rental income Participant share - Commerce Park Tax sharing payments Water and gas user fees Sewage user fees Performance agreement extension payments Operating lease payments Commerce Park grant Total operating revenues Operating expenses: Commerce Park: Advertising/ media Miscellaneous Insurance Prospect expenses Depreciation Virginia's First Regional IFA: Contracted management Staff services Miscellaneous Insurance Audit expense Legalfees Total operating expenses Operating income (loss) Nonoperating revenues (expenses): Interest earned Interest expense Total nonoperating revenues (expenses) Change in net position Net position, beginning of year Exhibit 2 55,000 22,668 150,577 152,511 993 13,711 20,000 2,000 5,000 $ 422,460 13,601 2,546 374 2,080 35,330 25,441 25,000 910 550 4,750 6,397 $ 116,979 $ 305,481 $ 5,492 (302,986) $ (297,494) $ 7,987 344,594 Net position, end of year $ 352,581 The accompanying notes to financial statements are an integral part of this statement. -4- Virginia's First Regional Industrial Facility Authority Exhibit 3 Statement of Cash Flows Year Ended June 30, 2018 Cash flows from operating activities: Receipts from operating grants and participating jurisdictions $ 676,871 Payments to suppliers and corporations (78,313) Net cash provided by (used for) operating activities $ 598,558 Cash flows from capital and related financing activities: Principal payments on notes payable $ (24,188) Interest payments (30,812) Net cash provided by (used for) capital and related financing activities $ (55,000) Cash flows from noncapital financing activities: Principal payments on notes payable $ (230,000) Interest payments' (274,317) Net cash provided by (used for) noncapital financing activities $ (504,317) Cash flows from investing activities: Principal received on loans issued $ 608 Interest received 5,514 Net cash provided by (used for) investing activities $ 6,122 Increase (decrease) in cash and cash equivalents $ 45,363 Cash and cash equivalents at beginning of year (Includes restricted cash amount of $507,666) 791,802 Cash and cash equivalents at end of year (Includes restricted cash amount of $511,575) $ 837,165 Reconciliation of operating income (loss) to net cash provided by (used for) operating activities: Operating income (loss) $ 305,481 Adjustments to reconcile operating income (loss) to net cash provided by (used for) operating activities: Depreciation 35,330 Changes in operating assets and liabilities: (Increase) decrease in prepaid items (3) (Increase) decrease in accounts receivable 254,411 Increase (decrease) in payables and accrued expenses 3,339 Net cash provided by (used for) operating activities $ 598,558 "On June 15, 2018, the Pulaski County Industrial Development Authority paid debt service on behalf of the Authority in the amount of $144,648. The Authority reimbursed the IDA $146,523 for debt service payments made in the prior fiscal year during the current year. The accompanying notes to financial statements are an integral part of this statement. -5- VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY AUTHORITY NOTES TO FINANCIAL STATEMENTS AS OF JUNE 30, 2018 Note 1- Summary of Significant Accounting Policies: The financial statements of the Authority conform to generally accepted accounting principles (GAAP) applicable to governmental units promulgated by the Governmental Accounting Standards Board (GASB). The following is a summary of more significant policies: A. Financial Reporting Entity Virginia's First Regional Industrial Facility Authority was created as a governmental subdivision of the Commonwealth of Virginia by concurrent resolutions of the Board of Supervisors of Bland, Craig, Giles, Montgomery, Pulaski, and Roanoke Counties; the City Councils of Roanoke, Radford, and Salem; and the Town Councils of Christiansburg, Dublin, Narrows, Pearisburg, and Pulaski on September 1st 1998. The Authority was created pursuant to the provisions of the Virginia Regional Industrial Facilities Act (Chapter 64 of Title15.2 of the Code of Virginia, 1950 as amended). The City of Salem, the Towns of Narrows and Christiansburg and the County of Wythe subsequently withdrew from the Authority. The Authority is governed by up to twenty -six directors appointed by the participating localities. Each member government may appoint two members for a total of twenty -two members of the Board of Directors. The purpose of the Authority is to enhance the economic base for the member localities by developing, owning, and operating one or more facilities on a cooperative basis. As such, the Authority is authorized to expend such funds as may be available to it for the purpose of developing facilities, including but not limited to (i) purchasing real estate; (ii) grading sites; (iii) improving, replacing, and extending water, sewer, natural gas, electrical, and other utility lines; (iv) constructing, rehabilitating, and expanding buildings; (v) constructing parking facilities; (vi) constructing access roads, streets, and rail lines; (vii) purchasing or leasing machinery and tools; and (viii) making any other improvements deemed necessary by the Authority to meet its objectives. "Facility" means any structure or park, including real estate and improvements as applicable, for manufacturing, warehousing, distribution, office, or other industrial, residential, recreational or commercial purposes. B. Basis of Accounting The Authority operates as an enterprise fund and its accounts are maintained on the accrual basis of accounting. Under this method, revenues are recognized when earned, and expenses are recorded as liabilities when incurred, without regard to receipt or payment of cash. The Authority accrues revenue for services rendered but not yet billed at the end of the fiscal year. The Authority distinguishes operating revenues and expenses from nonoperating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with the Authority's principal ongoing operations. The principal operating revenues of the Authority are contributions, revenue sharing payments and land sale proceeds. Operating expenses include the cost of administrative expenses, economic incentive payments, and host fee payments. All revenues and expenses not meeting this definition are reported as nonoperating revenues and expenses. 1A VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY AUTHORITY NOTES TO FINANCIAL STATEMENTS AS OF JUNE 30, 2018 (Continued) Note 1- Summary of Significant Accounting Policies: (Continued) C. Inventory Valuation Inventory held for resale consists of land in the Commerce Industrial Park and is valued at the lower of cost or market. D. Deferred Outflows /Inflows of Resources In addition to assets, the statement of net position will sometimes report a separate section for deferred outflows of resources. This separate financial statement element, deferred outflows of resources, represents a consumption of net position that applies to a future period(s) and so will not be recognized as an outflow of resources (expense) until then. The Authority does not have any deferred outflows of resources as of June 30, 2018. In addition to liabilities, the statement of net position will sometimes report a separate section for deferred inflows of resources. This separate financial statement element, deferred inflows of resources, represents an acquisition of net position that applies to a future period(s) and so will not be recognized as an inflow of resources (revenue) until that time. The Authority does not have any deferred inflows of resources as of June 30, 2018. E. Cash and Cash Equivalents The Authority's cash and cash equivalents consist of cash on hand, demand deposits, certificates of deposit and short -term investments with original maturities of three months or less from the date of acquisition. F. Prepaid Items Certain payments to vendors represent costs applicable to future accounting periods and are recorded as prepaid items. The cost of prepaid items is recorded as expenditures/ expenses when consumed rather than when purchased. G. Use of Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. H. Net Position Net position is the difference between assets and deferred outflows of resources and liabilities and deferred inflows of resources. Net investment in capital assets represent capital assets, less accumulated depreciation less any outstanding debt related to the acquisition, construction or improvement of those assets. The Authority's debt was issued for the purchase of capital assets and inventory held for resale. The Authority does not allocate debt between the two classes of assets purchased with same. Currently, outstanding debt exceeds the carrying value of inventory and capital assets. -7- VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY AUTHORITY NOTES TO FINANCIAL STATEMENTS AS OF JUNE 30, 2018 (Continued) Note 1- Summary of Significant Accounting Policies: (Continued) I. Net Position Flow Assumption Sometimes the Authority will fund outlays for a particular purpose from both restricted (e.g. restricted bond or grant proceeds) and unrestricted resources. In order to calculate the amounts to report as restricted - net position and unrestricted - net position in the financial statements, a flow assumption must be made about the order in which the resources are considered to be applied. It is Authority's policy to consider restricted - net position to have been depleted before unrestricted - net position is applied. J. Capital Assets Capital assets, which include property, plant, equipment, and infrastructure assets (e.g., roads, bridges, sidewalks, and similar items) are reported in the financial statements. Capital assets are defined by the Authority as assets with an initial, individual cost of more than $5,000 (amount not rounded) and an estimated useful life in excess of one year. Such assets are recorded at historical cost or estimated historical cost if purchased or constructed. Donated capital assets are recorded at estimated acquisition value at the date of donation. The cost of normal maintenance and repairs that do not add to the value of the asset or materially extend assets lives are not capitalized. Major outlays for capital assets and improvements are capitalized as projects are constructed. Interest incurred during the construction phase of capital assets of business -type activities is included as part of the capitalized value of the assets constructed. No interest was capitalized during the current or previous year. Property, plant, and equipment of the Authority is depreciated using the straight line method over the following estimated useful lives: Assets Years Water and sewer rights 40 Note 2- Deposits and Investments: Deposits: Deposits with banks are covered by the Federal Deposit Insurance Corporation (FDIC) and collateralized in accordance with the Virginia Security for Public Deposits Act (the "Act) Section 2.2 -4400 et. seq. of the Code of Vir inia. Under the Act, banks and savings institutions holding public deposits in excess of the amount insured by the FDIC must pledge collateral to the Commonwealth of Virginia Treasury Board. Financial Institutions may choose between two collateralization methodologies and depending upon that choice, will pledge collateral that ranges in the amounts from 50% to 130% of excess deposits. Accordingly, all deposits are considered fully collateralized. The remainder of this page left blank intentionally. VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY AUTHORITY NOTES TO FINANCIAL STATEMENTS AS OF JUNE 30, 2018 (Continued) Note 2- Deposits and Investments: (Continued) Investments: Statutes authorize local governments and other public bodies to invest in obligations of the United States or agencies thereof, obligations of the Commonwealth of Virginia or political subdivisions thereof, obligations of the International Bank for Reconstruction and Development (World Bank), the Asian Development Bank, the African Development Bank, "prime quality" commercial paper and certain corporate notes, banker's acceptances, repurchase agreements, and the State Treasurer's Local Government Investment Pool (LGIP). Credit Risk of Debt Securities The Authority has not adopted an investment policy for credit risk. The Authority's rated debt investments as of June 30, 2018 were rated by Standard and Poor's rating scale and the ratings are presented below. Rated Debt Investments Fidelity Institutional Treasury Portfolio Cl II Money Market Interest Rate Risk Fair Quality Ratings AAAm 511,575 The Authority has not adopted an investment policy for interest rate risk. Investments subject to interest rate risk are presented below along with their corresponding maturities. Investment Type Fidelity Institutional Treasury Portfolio Cl II Money Market Concentration of Credit Risk Investment Maturities (in years) Fair Value Less 1 yr 6 -10 yrs $ 511,575 $ 511,575 $ The Authority has not adopted an investment policy for concentration of credit risk. The remainder of this page left blank intentionally. N VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY AUTHORITY NOTES TO FINANCIAL STATEMENTS AS OF JUNE 30, 2018 (Continued) Note 3 -Fair Value Measurements: Fair value is the price that would be received to sell an asset or paid to transfer a liability in an orderly transaction between market participants at the measurement date. The Authority categorizes its fair value measurements within the fair value hierarchy established by generally accepted accounting principles. The hierarchy is based on the valuation inputs used to measure the fair value of the asset. The Authority maximizes the use of observable inputs and minimizes the use of unobservable inputs. Observable inputs are inputs that market participants would use in pricing the asset or liability based on market data obtained from independent sources. Unobservable inputs reflect assumptions that market participants would use in pricing the asset or liability based on the best information available in the circumstances. The fair value hierarchy categorizes the inputs to valuation techniques used to measure fair value into three levels as follows: Level 1: Quoted prices (unadjusted) for identical assets or liabilities in active markets that a government can access at a measurement date • Level 2: Directly or indirectly observable inputs for the asset or liability other than quoted prices • Level 3: Unobservable inputs that are supported by little or no market activity for the asset or liability Inputs are used in applying the various valuation techniques and broadly refer to the assumptions that market participants use to make valuation decisions, including assumptions about risk. The Authority has the following recurring fair value measurements as of June 30, 2018: Fair Value Measurement Using Quoted Prices in Significant Significant Active Markets Other Observable Unobservable for Identical Assets Inputs Inputs Investment 6/30/2018 (Level 1) (Level 2) (Level 3) Fidelity Institutional Treasury Portfolio Cl II Money Markey $ 511,575 $ 511,575 $ - $ - The remainder of this page left blank intentionally. -10- VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY AUTHORITY NOTES TO FINANCIAL STATEMENTS AS OF JUNE 30, 2018 (Continued) Note 4 -Long -term Obligations: Changes in long -term obligations are as follows: Balance July 1, 2017 Due to Pulaski County PSA' $ 1,297,406 $ Bond Payable 5,910,000 Bond Discount (8,573) Total Balance Issuances Retirements June 30, 2018 $ (24,188) $ 1,273,218 (230,000) 5,680,000 390 (8,183) $ 7,198,833 $ - $ (253,798) $ 6,945,035 Represents amounts due to the Pulaski County Public Service Authority for reimbursements related to debt service issued to provide water /sewer service to Commerce Park. 2 Represents amounts due to the Pulaski County Industrial Development Authority for reimbursements related to debt service issued on behalf of the Industrial Facility Authority. Annual requirements to amortize long -term debt and related interest are as follows: For the Year Ended Bond Payable Due Pulaski PSA June 30, Principal Interest Principal Interest 2019 $ 235,000 $ 266,983 $ 24,761 $ 30,239 2020 245,000 260,351 25,349 29,651 2021 250,000 252,579 25,951 29,049 2022 260,000 243,519 26,568 28,432 2023 270,000 233,707 27,199 27,801 2024 -2028 1,525,000 990,713 145,994 129,006 2029 -2033 1,110,000 664,888 164,175 110,825 2034 -2038 1,450,000 331,906 184,619 90,381 2039 -2043 335,000 18,006 207,608 67,392 2044 -2048 - - 233,461 41,539 2049 -2052 - - 207,533 12,467 Totals S 5.680.000 S 3.262.652 S 1.273.218 S 596.782 VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY AUTHORITY NOTES TO FINANCIAL STATEMENTS AS OF JUNE 30, 2018 (Continued) Note 4 -Long -term Obligations: (Continued) Details of long -term obligations Total Amount $6,810,000 bond issued on June 27, 2013 bearing interest at rates varying from 0.77% to 5.375 %. Interest payments are due on June 15th and December 15th annually. Principal payments ranging from $230,000 to $335,000 are due annually on June 15th through 2039. $ 5,680,000$ Original issue discount (8,183) $2,145,000 loan payable to the Pulaski County PSA in annual installments of $55,000 dated April 13, 2010. The loan became due and payable upon completion of the PSA water and sewer expansion project, with such project placed in service on June 30, 2013. The loan is non - interest bearing; however interest has been imputed at a rate of 2.375% based on market conditions. The discounted original value of the loan is $1,413,190. 1,273,218 Total long -term obligations Amount Due Within One Year 235,000 (390) 24,761 $ 6,945,035 $ 259,371 On June 27, 2013, the Industrial Development Authority of Pulaski County issued $6,810,000 in revenue bonds. The proceeds from this bond issuance were used to refinance debts of Virginia's First Regional Industrial Facility Authority (IFA) and provide capital for improvements to an industrial development park (Commerce Park) owned by the IFA. Virginia's First Regional Industrial Facility Authority has agreed to reimburse the Industrial Development Authority of Pulaski County for all payments made under the bonds. As a result, Virginia's First Regional Industrial Facility Authority has reported all transactions related to the bonds in these financial statements and reports amounts due to the Industrial Development Authority of Pulaski County as bonds payable at year end. Note 5- Assets Held for Resale: Assets held for resale totaling $5,269,929 represent the estimated value of land in the New River Commerce Park owned by the Authority. This inventory is valued at the lower of cost or market. The remainder of this page left blank intentionally. -12- VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY AUTHORITY NOTES TO FINANCIAL STATEMENTS AS OF JUNE 30, 2018 (Continued) Note 6 -Due from Participating Jurisdictions: The Authority sells shares to participating jurisdictions in industrial development projects initiated by the Authority. Participating jurisdictions are entitled to profits generated by these industrial development projects, as presented in their participation agreements, to the extent taxes (real estate, business and personal property, and machinery and tools) generated by the projects exceed expenses related to the projects. Under terms of these agreements, the host locality shall remit to the Authority taxes (less a 5% host fee) generated from an industry locating on a project site in the host locality. The revenue sharing agreements further require the participating jurisdictions to contribute amounts necessary to cover all expenses of the projects, to the extent that taxes generated by the project do not cover these expenses. The amount reported in the statement of net position as due from participants represents the amount necessary to cover the net liabilities of the Commerce Park Project at year end. Note 7- Capital Assets: Capital asset activity for the year ended June 30, 2018 was as follows: Note 8 -Loan Receivable: Ending Increases Decreases Balance $ - $ Beginning 1,413,190 Balance Capital assets, being depreciated: $ (35,330) $ Water and sewer rights $ 1,413,190 Accumulated depreciation: $ (35,330) $ Water and sewer rights $ (141,320) Total capital assets, net $ 1,271,870 Note 8 -Loan Receivable: Ending Increases Decreases Balance $ - $ - $ 1,413,190 $ (35,330) $ $ (176,650) $ (35,330) $ $ 1,236,540 The IFA sold 3.5855 acres of land in Commerce Industrial Park for $16,135 under terms of a loan receivable dated May 9, 2013. The loan requires annual principal and interest payments of $1,122.96. The payments began on June 1, 2014 and continue for twenty years. Interest on the note accrues at 3.5% annually. The amount due at year end was $13,860. Note 9- Restricted Cash and Cash Equivalents: Restricted cash and cash equivalents consist of the following: Debt service reserves $ 511,575 -13- VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY AUTHORITY NOTES TO FINANCIAL STATEMENTS AS OF JUNE 30, 2018 (Continued) Note 10- Operating Lease: The Authority entered into an agreement with Mebane Manor, LLC on May 26, 2016 for the rent and /or subsequent purchase of approximately 27 acres. Terms of the agreement require annual rental payments of $2,000 for a ten year period. On the 11th anniversary date of the agreement, Mebane Manor may purchase the 27 acre tract for $20,500. This lease is being accounted for in the accompanying financial statements as an operating lease. Note 11- Construction Contributions: On November 3, 2005, the Authority entered into an agreement with the Pulaski County Public Service Authority (PSA) for the construction of certain sewage infrastructure to serve Commerce Park. In accordance with the agreement, the Authority incurred costs totaling $369,134 for their portion of the construction. Assets created under the agreement are owned and operated by the PSA; however, the PSA is required to repay the aforementioned funds (to the extent possible) with revenue generated by this infrastructure based on usage. Revenue is recognized as earned (based on usage) and is presented in the accompanying financial statements as sewage user fees. Note 12 -Risk Management: The Authority is exposed to various risks of losses related to torts; theft of, damage to and destruction of assets; errors and omissions; injuries to employees and natural disasters. The Authority participates with other entities in a public entity risk pool for their coverage of general liability and public officials insurance with VACO. Each member of the risk pool jointly and severally agrees to assume, pay and discharge any liability. The Authority makes contributions and assessments into a designated cash reserve fund out of which expenses of the pool, claims and awards are to be paid. In the event of the loss, deficit, or depletion of all available resources, the pool may assess all members in the proportion to which the premium of each bears to the total premiums of all members in the year in which such deficit occurs. Settled claims resulting from these risks have not exceeded coverage in any of the past three fiscal years. Note 13- Economic Incentive Agreement: On March 15, 2013, the Industrial Facility Authority (IFA) and the County of Pulaski, Virginia entered into a performance agreement with Red Sun Farms Holdings LLC (the Company). Under the agreement, the IFA will lease certain industrial property (approximately 100 acres in the NRV Commerce Park) to the Company for $1 /year and such property may transfer to the Company at the end of the lease agreement if all obligations under the performance agreement are met. The Company has agreed to pay a $0.10 surcharge per 1000 /gallons of water delivered to the Company by the Pulaski County Public Service Authority. The Company has also agreed to invest $30,000,000 in the project, which consists of construction of a greenhouse structure, machinery, and related assets used in their production facility. The Company has further committed to employ at least 205 employees at the facility and has further agreed to meet certain minimum wage requirements. As of December 31, 2016, the Company failed to meet certain requirements in the economic incentive agreement and an extension of same (up to three years) was granted by the Authority in exchange for annual extension fees. Tax revenues generated by the agreement will be remitted to the IFA under terms of the Commerce Park Participation Agreement. -14- VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY AUTHORITY NOTES TO FINANCIAL STATEMENTS AS OF JUNE 30, 2018 (Continued) Note 14 -Due to Pulaski County: Prior to June 30, 2018, the Pulaski County IDA paid debt service on behalf of the Industrial Facility Authority in the amount of $144,648. At June 30, 2018, $144,648 (due to Pulaski County IDA) has been recorded as an accounts payable in the accompanying financial statements. Note 15- Intangible Asset and Related Liability: Virginia's First Regional Industrial Facility Authority (IFA) entered into a support agreement with the Pulaski County Public Service Authority (PSA) on April 13, 2010. The agreement stipulates that the IFA will make annual payments to the PSA in an amount not to exceed $55,000 for a period not to exceed 40 years. The payments are to provide capital support for the PSA to provide water and sewer service to an industrial park (Commerce Park) owned by the IFA. The agreement further stipulates that the IFA may collect a surcharge of $1 per 1000 gallons of water provided to and /or sewer treated from Commerce Park businesses. The IFA has recorded an intangible asset (water and sewer rights) in the financial statements, which represents the net book value of the IFA's commitment to the PSA at a discount rate of 2.375 %. -15- COMPLIANCE SECTION ROBINSON, FARMER, Cox ASSOCIATES A PROFESSIONAL LIMITED LIABILITY COMPANY CERTIFIED PUBLIC ACCOUNTANTS Independent Auditors' Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards To the Honorable Members of Virginia's First Regional Industrial Facility Authority Radford, Virginia We have audited, in accordance with the auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the Specifications for Audits of Authorities, Boards and Commissions, issued by the Auditor of Public Accounts of the Commonwealth of Virginia, the financial statements of the business -type activities of the Virginia's First Regional Industrial Facility Authority as of and for the year ended June 30, 2018, and the related notes to the financial statements, which collectively comprise the Virginia's First Regional Industrial Facility Authority's basic financial statements and have issued our report thereon dated August 20, 2018. Internal Control over Financial Reporting In planning and performing our audit of the financial statements, we considered the Virginia's First Regional Industrial Facility Authority's internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Virginia's First Regional Industrial Facility Authority's internal control. Accordingly, we do not express an opinion on the effectiveness of the Virginia's First Regional Industrial Facility Authority's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and therefore, material weaknesses or significant deficiencies may exist that have not been identified. We did identify certain a deficiency in internal control, described in the accompanying schedule of findings and responses that we consider to be a material weakness. (2018 -001) -16- Compliance and Other Matters As part of obtaining reasonable assurance about whether the Virginia's First Regional Industrial Facility Authority's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. The Virginia's First Regional Industrial Facility Authority's Response to Findings The Virginia's First Regional Industrial Facility Authority's response to the findings identified in our audit is described in the accompanying schedule of findings and responses. The Virginia's First Regional Industrial Facility Authority's response was not subjected to the auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on it. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. Blacksburg, Virginia August 20, 2018 -17- Virginia's First Regional Industrial Facility Authority Schedule of Findings and Responses Year Ended June 30, 2018 Section I - Summary of Auditors' Results Financial Statements Type of auditors' report issued: Internal control over financial reporting: Material weakness(es) identified? Significant deficiency(ies) identified? Noncompliance material to financial statements noted? Section II - Financial Statement Findings Finding 2018 -001 Unmodified Yes No No Criteria: Per Statement on Auditing Standards 115, an auditee should have controls in place to prepare financial statements in accordance with current reporting standards. Condition: The audit identified year end adjusting entries that were required for the financial statements to be presented in accordance with current reporting standards. Effect of There is more than a remote likelihood that a material misstatement of the financial Condition: statements will not be prevented or detected and corrected by the entity's internal controls over financial reporting. Recommendation: Authority staff should review the audit adjustments for the current year and update future financial reports, as necessary, to comply with reporting standards. Management's Staff will review the audit adjustments in the current year in relation to future Response: financial statements and attempt to prepare the financial statements in accordance with applicable reporting standards. -18- SHERMAN P. LEA, SR. Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W. Noel C. Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 Council Members Email: clerk@roanokeva.gov William D. Bestpitch Joseph L. Cobb Michelle L. Dykstra John A. Garland Djuna L. Osborne Anita J. Price October 15, 2018 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: We jointly sponsor a request of Kiwanis Club of Roanoke to present information with regard to its playground project. Sincerely, Joseph L. Cobb Vice -Mayor William D. Bestpitch Council Member JLC/WDB:ctw 2423 Stanley Ave _SE Roanoke, VA 24014 Wober It, 2018 Dear Roanoke City Council members; On behalf of the Kiwanis Club of Roanoke, I want to thank you for including us an your agenda for October 15th. I have attached the Power Point that vve will use to .explain our club's intended legacy gift to. the City of Roanoke. In .celebration of our club's IOOth Anniversary that will occur in 20.20, we have.adopted as. our signature centennial project the building of an inclusive playground in a high need neighborhood that .would be designed and built with the. comniunity to. be served. You Nvill'sec.on the Power Point the. site we have selected,. after considerable deliberation, as our preferred site. for this future` playground. It. Nib the Melrose- Orange Target Area and we believe would align with other :iVIO.TA developments, such {s the construction of the new Melrose Library. The Kiwanis Club of Roanoke wants to maximize the l keli..hop.d that the City Council Would favorably consider acceptance of this gift once we are ready to make the. offer: At this time we wish to..determine if there are any objections about us pursuin,g.this project; and if there is any initial feedback that you .have for us regarding with whom to communicate as we proceed. We have already begun conversations with the City Manager, .Assistant City Manager-for Community Development, the Director cif Parks and Recreation, the Director of Libraries; and the Roanoke City Public Schools Superintendent. Each person has been very helpful in providing:advice and creating a pathway on how to proceed most .Productively. I look forward to seeing you on Monday, October 15 ", at 2 pm. Sincerely yours, OU0, W Clieri'W. Hartman, Ph.D. Kiwanis Club of Roanoke, President- elect. Co- chair, .Kiwanis Centennial Playground Co.m..niit.tee Citizwwof City of Roanoke A.. .. IK fryC t�,c Ci1Y _f)RG4 4� Tt`f � 2423 Stanley Ave _SE Roanoke, VA 24014 Wober It, 2018 Dear Roanoke City Council members; On behalf of the Kiwanis Club of Roanoke, I want to thank you for including us an your agenda for October 15th. I have attached the Power Point that vve will use to .explain our club's intended legacy gift to. the City of Roanoke. In .celebration of our club's IOOth Anniversary that will occur in 20.20, we have.adopted as. our signature centennial project the building of an inclusive playground in a high need neighborhood that .would be designed and built with the. comniunity to. be served. You Nvill'sec.on the Power Point the. site we have selected,. after considerable deliberation, as our preferred site. for this future` playground. It. Nib the Melrose- Orange Target Area and we believe would align with other :iVIO.TA developments, such {s the construction of the new Melrose Library. The Kiwanis Club of Roanoke wants to maximize the l keli..hop.d that the City Council Would favorably consider acceptance of this gift once we are ready to make the. offer: At this time we wish to..determine if there are any objections about us pursuin,g.this project; and if there is any initial feedback that you .have for us regarding with whom to communicate as we proceed. We have already begun conversations with the City Manager, .Assistant City Manager-for Community Development, the Director cif Parks and Recreation, the Director of Libraries; and the Roanoke City Public Schools Superintendent. Each person has been very helpful in providing:advice and creating a pathway on how to proceed most .Productively. I look forward to seeing you on Monday, October 15 ", at 2 pm. Sincerely yours, OU0, W Clieri'W. Hartman, Ph.D. Kiwanis Club of Roanoke, President- elect. Co- chair, .Kiwanis Centennial Playground Co.m..niit.tee Citizwwof City of Roanoke Kiwanis Club of Roanoke 2020 Centennial Playground Project Fact Sheet Project's purpose: To Build CommUNITY through Play for ALL in Roanoke! Goal: to engage the community with the Kiwanis Club of Roanoke to build an inclusive playground in a high need neighborhood in Roanoke as the Kiwanis' signature project in honor of a century of service to the Roanoke Valley (our 1001h Anniversary) Strategic objective: using the community engagement approach for designing and building a playground to be installed in a high need neighborhood by no later than June 30th, 2020 Financial objective /scope of project: Kiwanis funds will be leveraged to secure sufficient grants, partnerships and donations to pay the costs of playground design, equipment, site preparation, signage, and installation anticipating a possible total cost of $350,000 - $400,000 Site selection: meetings have been held during the past two years to explore possible sites for locating the playground in a high need neighborhood, leading to a focus on the new Melrose library property (to the rear of Forest Park Academy) as the prospective location. Needs in the Melrose /Orange Target Area have been well documented and build a case for community strengthening such as would be enhanced through this playground project: • Research by Dr. Liz Ackley of elementary students in Lansdowne neighborhood identifies high rates of obesity among children residing there, increasing their risk for serious chronic diseases (Type 11 diabetes, cardiovascular disease) • Poverty rate is high in Census Tract 9: 51% of children live in poverty, 43% of the residents are on food stamps, per capita income is $10,870 • City has placed a high priority on investing in NW Roanoke (Melrose /Orange Target Area); library construction taking place in Goodwill building will result is a highly accessible, brand new community resource attractive to families in NW Roanoke • High crime rate in the neighborhood warrants increased attention to community strengthening antidotes such as well maintained, secure places for families to gather • Concentration of children in the neighborhood with limited access to facilities for play • General need in our society for engaging children in healthy, outdoor active play The Centennial Playground Committee has included elected officials, the Parks and Recreation Department, Department of Libraries, Roanoke Redevelopment Housing Authority — and its Joint Residents' Council, churches, MOTA, as well as the Kiwanis Club, to guide planning. A diligent selection process was used to identify the playground vendor with appropriate capacity for this project, experienced in using the community build approach. Our aim is to coordinate /communicate with these relevant key stakeholders to help us shape this worthwhile project in NW Roanoke, so it is a gift the City of Roanoke would be proud to accept (built by June 2020) and then maintain thereafter for many years to come for the benefit of our citizens. Contact person: Cheri Hartman (President elect, Kiwanis Club of Roanoke) Committee co -chair (540) 798 -7984 (cell phone) or chartman2423 @gmail.com Kiwanis Club of Roanoke P. O. Box 19313, Roanoke, VA 24019 -1032 Meets Wednesdays, 12:30 pm Charter Hall, City Market Building 302 Market St. Roanoke, VA 24011 Celebrating 100 Years of Service to the Roanoke Valley 100th Anniversary Celebration will be held on January 28, 2020 Signature Project: Kiwanis Club of Roanoke Centennial Playground One of the oldest, largest and most successful Kiwanis Clubs of the world, at the turn of the millennium, the Kiwanis Club of Roanoke ranked 12th in the world in size among more than 8,000 clubs. Today it is still among the largest Kiwanis Clubs with its 151 members. The club's long history of service to the community is evident in its generous annual investment in a service budget, most recently reaching $91,150 for 2017 -2018. Fundraisers like its annual Haley Toyota Kiwanis Pancake and Auction Day, the Kiwanis Bocce tournament, and targeted sponsorship requests, plus donations to the Roanoke Kiwanis Foundation, Inc. provide the resources to invest in numerous Roanoke Valley nonprofits ranging from the League of Older Americans to after school, preschool, and elementary school programs, children's health care /trauma care, and the Roanoke Valley Greenway - the signature project of the club's 90th anniversary. Mission Statement: The Kiwanis Club of Roanoke provides financial support and volunteer service to sustain the environment while improving the lives of children, youth and adults in the Roanoke Valley. Kiwanians engage actively in community service through clean up days, children's holiday parties, equipping youngsters for a strong start in school, Meals on Wheels, blood donations, Kids' Fishing Day at Hopetree, schoolchildren reading projects, seniors' holiday gifts, a Thanksgiving dinner for the Adult Care Center to mention a few ways our club is directly involved in our community. We are committed to the development of civic engagement among our youth through the district's Key Clubs. We promote inclusion and diversity and sponsor the Aktion Club for developmentally disabled adults. We support academic excellence and workforce development by awarding scholarships to promising youth. Hope you can join us in the celebration of the Kiwanis Club of Roanoke's Celebration of a Century of Service. Please contact us if you would like to be a part of this celebration: Jenny Lee, President (540) 798 -7626 Cheri Hartman, President -elect (540) 798 -7984 John Montgomery, Secretary- Treasurer (540) 761 -6751 Mike McEvoy, Vice - President Don Witt, Past - president ix u ..A a N. dim Kiwanis Playground Project Goals Use the supervised community build approach for constructing a playground in the city of Roanoke for Underserved children, their families and neighbors That strengthens a needy neighborhood in a safe place to be active and to interact together that is Inclusive for handicapped children and appeals to a broad range of ages. Engage community members, neighborhood, in designing, marketing and campaigning for this playground project - collaborating with the community to create a long lasting gathering place for all ages To benefit children and their families impacting their health, cognitive, social and emotional well being Uensus trac;vt 9 high need area 51 % of children live in poverty 43% are on food stamps Per capita income is $10,870 Children attend Hurt Park Elementary School where 97% of children qualify for free or reduced lunch Melrose- Orange Target Area is a priority for the City of Roanoke as a high need section of our city. We wish to build on the momentum of the MOTH renovation projects. Recommendations for Promoting 10 Neighborhood-Level Physical Activity Dr. Ackley used the Community Healthy Living Index to survey residents. In 2017 she reported: MOTH families desire attention to be given to: enhancing quality and availability of parks, improved neighborhood safety, and expanded sidewalk infrastructure. Our own survey (less formal)revealed much support for playground. 36 neighbors have already indicated they would actually help with the building of it! Highlights of Kiwanis Playground To be multisensory, encouraging cognitive play and social interaction, and all types of movement for all ages with some shade and some seating. To be inclusive the play surface would need to be durable and amenable to wheelchair use and will include adaptive equipment. (Not just ADA compliant) One important aim of the project is community strengthening: commUNITY! Community engagement is a priority at every stage of project development. The project will be the Kiwanis Club of Roanoke's 100th anniversary signature legacy gift to our community. We are asking if Roanoke City Council has any objection to proceeding with project development. Unless Roanoke City Council The Kiwanis Club of Roanoke aims to fundraise $350,000 - $400,000 to cover the costs of building and installing an inclusive playground on the identified property owned by the city. We plan to coordinate plans with the public library's current construction of the Melrose library - potentially tying into electric and water lines and new sidewalk construction. : Pal nv recommendations-,.? P. .1 Does Roanoke City Council have any recommendations for us regarding how to make it more plausible for them to be in a position to be able to accept the playground as a gift from the Kiwanis Club of Roanoke? With whom should we maintain communications, how often, and through what methods? THANK YOU!!! Opioid and Substance Use Ly cotJr- 0 October 1-5 2, -1, f-5 The Issue • More than 72,000 deaths related to drug overdoses in US (2017) • More than 49,000 of those attributed to some form of Opioid Use • More than 1,500 deaths related to Opioid in Virginia in 2017 — More than car crashes, homicides, gun - related suicides, accidental shootings • Death rate related to drug overdoses locally: — 50 per 100,000 Roanoke City (40 per 100,000 Opioid related) — 26 per 100,000 Roanoke County (21 per 100,000 Opioid related) — 35 per 100,000 Salem (24 per 100,000 Opioid related) • Health emergency within an epidemic— Hepatitis C and Endocarditis — 111300 Hepatitis C cases in Virginia in 2016 up from average 6,500 annually The Issue • Costs — Lives —Crime — Medical care (short and long -term) — Public health — Trauma • Health issue with a law enforcement component The Issue • Why Now? — Dopesick — National /State attention /agenda — Changes in Virginia law — Syringe services • What has been going on since September? — Conversations & meetings — Education sessions — Reading What Have We Learned? • Very complex origination of issue • Relatively recent issue • Multi- faceted — prescription abuse, prescription diversion, illegal prescriptions, synthetics, heroin, etc • Requires response at all levels of government and a collaboration of many partners across many diverse interests • A lot of work underway • Nowhere near enough resources being committed yet • No magic bullets • Requires immediate action and long -term sustainable solutions /responses • Emerging models for success • Underlying issues of poverty, trauma, pain need addressing — if not opioid something else Response • Multi- faceted and complex • Prevention — Education — medical and legal — Medicine disposal — Addressing childhood trauma — Prescriber education — Physician Guidelines — Prescriber laws /policies — exams, doctor "shopping ", pill mills —Alternative pain management Response • Harm Reduction — Education & outreach — Testing — Syringe Services — Naloxone /Narcan — training and distribution —Medically - assisted treatment —Wound care — Counseling & referrals Response • Treatment • Medically- assisted treatment • Abstinence • Counseling &support • Residential treatment • Inpatient /outpatient health services • Mental health /trauma assistance Response • Pulling Together Locally • Roanoke Valley Collective Response • Each person, organization, community, coalition and entity to "own" issue of substance use and direct impact upon quality of I ife • 60 agencies and organizations • Collective impact model — communities throughout SE Recommendations • Continue discussion while taking action • Continue full and active participation with the Collective Response Initiative — best hope of comprehensive and collaborative response, best hope of ensuring all aspects are addressed, best hope for rapid and sustainable response • Response must and will include our active participation in prevention, harm reduction, treatment and law enforcement • Continue to pressure private interests, State and Federal governments for full participation in addressing issues TABLE CONTENTS 0/� THE OPIOID EPIDEMIC: ��r A PUBLIC HEALTH CRISIS 06 HOW WE GOT HERE 08 STRATEGIES TO PREVENT OPIOID USE DISORDER 16 STRATEGIES TO TREAT OPIOID USE DISORDER 22 A TOOLKIT FOR STATE AND LOCAL GOVERNMENT LEADERS 26 CONCLUSION inety -one Americans die every day from opioid overdoses.' Victims come from all walks of life: a 19- year -old mother of two from Panama City, Fla.,' a 28- year -old Army sergeant from upstate New York,' a 49- year -old juvenile court mediator from Arizona.' For some, addiction started in their youth. For others, it began after an injury or surgery when a doctor prescribed opioids for pain.' Opioids, a class of drugs that includes everything from prescription medications, like oxycodone, morphine, tramadol and fentanyl, to illegal drugs like heroin, have led to a public health crisis. The addictive nature of opioids and overprescribing are fueling the epidemic. In the last 15 years, the number of opioids prescribed and sold in the U.S. has quadrupled, even though the amount of pain Americans report is the same.' Opioids were involved in more than 33,000 deaths in 2015, but the crisis continues to grow. Drug overdose deaths have significantly increased in Massachusetts, Florida, New York, North Carolina, West Virginia and more than a dozen other states. The opioid epidemic is a public health crisis that is tearing families apart and ruining lives. It also puts an incredible burden on government, including law enforcement agencies, justice departments and the foster care system, as children are orphaned or removed from parents and caretakers struggling with addiction. Though some states are taking significant steps to address the problem, they face continuing challenges in preventing future overdoses and addictions. Some experts contend there isn't nearly enough state or federal funding to combat the epidemic. Others say there are so many stakeholders involved that it's difficult to know where to begin to coordinate efforts. However, collaboration among state and local leaders, public health experts, health care providers, insurers and others is critical. There isn't one off -the -shelf solution to curb the epidemic, but policymakers are taking action to address the crisis and save lives. This handbook will detail those efforts and outline other steps policymakers can take to help mitigate the opioid crisis. he opioid crisis emerged slowly in the late 1990s. During that time, medical standards adapted to incorporate pain as the fifth vital sign, causing doctors to focus on getting patients to a state of zero pain. Opioids emerged as a solution, but they also created unintended consequences. Dr. Gary Franklin, who has served as the medical director for the Washington State Department of Labor and Industries since 1988, says lobbying by advocacy groups and drug manufacturers led to a prevailing belief in the medical community that less than 1 percent of patients would become addicted to opioids.' Consequently, the state's medical boards and commissions relaxed regulations and guidance for prescribing opioids. A few years later, Dr. Franklin and his pharmacy manager noticed an increase in Washington residents filing workers' compensation claims related to lower backaches and sprains before they died. They found many of the deaths could be linked to prescription opioids. In 2005, Dr. Franklin published the first report in the country about prescription opioid deaths, and in 2007 Washington became the first state to create opioid prescribing guidelines for primary care doctors. Prescribing guidelines are a core element of Washington's continued efforts. The state has reduced deaths associated with prescribed opioids by 37 percent — the largest decline in the country.' "Just creating a guideline that had a number in it, an anchor, we believe was a huge deal for doctors when they were previously taught that there was no ceiling on dose," Dr. Franklin says. "Now we know there is a strong relationship between dosing and overdose." THE FIFTH VITAL SIGN -10--o There are four primary vital signs; however, nearly two decades ago medical standards began to incorporate pain as the fifth vital sign, which some experts say led to overprescription of opioids. Q TEMPERATURE Q RESPIRATORY RATE Q PULSE RATE 0 BLOOD PRESSURE �5= ashingtods story illustrates that cautious prescribing is one effective way to combat the crisis. While intended to relieve patients of pain, the issue, many experts say, is these drugs arent the best solution for non - cancer chronic pain and their effect on the brain is so strong almost anyone can become addicted. "I think probably 99 percent of people, if they took opioids for 30 days or 40 days, are going to become dependent," Dr. Franklin says. Almost 10 years after the state of Washington issued the first prescribing guidelines, the CDC followed suit in 2016, releasing a guideline with 12 recommendations guided by three underlying principles: � 1. Non - opioid therapy — including non - opioid medications such as acetaminophen or ibuprofen, as well as non - pharmacological therapies like exercise therapy — is preferred for chronic pain, excluding active cancer, pal- liative and end -of -life care. 2. When opioids are used, the lowest possible effective dosage should be prescribed. A common guideline is: "Start low and go slow." / 3. Providers should always exercise caution when prescribing opioids, monitor all patients closely and make sure patients are well educated with respect to the risks of taking these medications, including the potential for becoming dependent. The CDC's guideline also includes a checklist for doctors, with line items such as optimizing opioid therapies and setting criteria for stopping or continuing opioid use. 'Ihe guidance is a step in the right direction, say experts like Dr. Andrew Kolodny, who serves as the executive director of Physicians for Responsible Opioid Prescribing (PROP). Dr. Kolodny, a leading public health expert who has spent his career treating addiction and has been at the forefront of advocating for more cautious prescribing, says it's one of the keys to preventing opioid addiction. At the end of the day, the com- mon pathway toward becoming opioid addicted is repeated use," he says. "Through more cau- tious prescribing, the patient is less likely to get addicted, and you're less likely to stock people's medicine chest with leftover pills that can lead to addiction. "" PRESCRIPTION LIMITS AND MEDICATION SAFETY PROGRAMS While guidelines help communi- cate information about the dangers of over prescription, states are enacting laws to better regulate prescribing practices. In 2016, 22 states took some action to combat the opioid crisis, with some adopting opioid prescription limits or passing legislation that addresses prescribing to the Medicaid population." New York, for example, set a seven -day limit for opioid prescriptions prescribed during a Whrough more cautious prescribing, the patient is less likely to get addicted, and you're less likely to stock people's medicine chest with leftover pills that can lead to addiction, - DR. ANDREW KOLOONY, EXECUTIVE DIRECTOR: PHYSICIANS FOR RESPONSIBLE OPIOID PRESCRIBING patient's first doctor's visit for acute pain. In New Jersey, Gov. Chris Christie signed a bill in February 2017 that limits initial prescriptions to five days, while Arizona Gov. Doug Ducey signed an executive order in 2016 setting a seven -day limit for the state's Medicaid recip- ients. Additionally, 46 Medicaid programs now have prescription caps — most of which only accept opioid prescriptions after all other options have been exhausted." However, it's important to note that these do not apply to cancer, pallia- tive care or end -of -life cases. Insurers also are taking action in this area and initiating innovative work. In 2012, Blue Cross Blue Shield of Massachusetts launched a Prescription Pain Medication Safety Program, which it devel- oped in partnership with doctors, pharmacists, and pain manage- ment and addiction experts." The program requires a treatment plan between doctors and patients that considers non - opioid options, a patient - signed risk assessment for addiction, an opioid agreement between the patient and prescriber outlining expected behavior of both parties, and the usage of a single pharmacy or pharmacy chain for all opioid prescriptions. The program also requires prior authorization 10 for all new short - acting opioids prescribed for more than 30 days and all new long- acting opioid prescriptions. A recent CDC study found the program was effective, which could indicate these types of collaborations may lead to more comprehensive prevention strategies that halt new addictions. After Blue Cross [Blue Cross Blue Shield of Massachusetts] imple- mented a new opioid utilization program, there was a significant de- crease in both the number of opioid prescriptions among its members as well as a reduction in the percentage of members with a prescription for opioid -based medications," says Dr. Macarena Garcia, the CDC study's lead author. "The im- plication is that evidence -based utilization management practices can promote best practices in opioid prescribing, while reducing the risk of misuse of these medications ."" PRESCRIPTION DRUG MONITORING PROGRAMS 8 PREVENTING DOCTOR SHOPPING Most states also use prescription drug monitoring programs (PDMPs), which are statewide databases with prescribing and dispensing data from pharmacies and health care providers. PDMPs help prevent individuals from doctor or pharmacy shopping — the practice of visiting multiple physicians or pharmacies to obtain an opioid prescription — and to pinpoint hot spots for opioid misuse. Every state except Missouri has an operational PDMV According to Dr. Kolodny, one important way states can optimize their existing PDMPs is by mandating doctors consult them before writing a prescription, which could flag a patient who is making appointments with multiple prescribers. In Ohio, for example, doctors must use the state's PDMP F_ the Ohio Automated Rx Reporting System (OARRS). Their state medical license renewal is dependent on registration in the system. The state's Board of Pharmacy can see who is checking OARRS and the state's medical, nursing or dental boards can send a letter to the prescriber to encourage him or her to check the database. This effort has reduced the number of prescribed op'ioids in Ohio. " While ensuring compliance is one benefit of PDMPs, state medical boards also can use this data to monitor prescribing practices and intervene when they see outliers. Third -party payers, including GETTING TOUGH ON OPIOID PRESCRIPTIONS In 2016 and 2017, several states adopted opioid prescribing guidelines or limits, or passed legislation that addresses the Medicaid population. Some examples include: ARIZONA: 7 -day limit on opioid prescriptions for Medicaid recipients NEW YORK: 7-day limit on opioids prescribed during a patient's first doctor's visit for acute pain NEW JERSEY: 5 -day limit on initial opioid prescriptions IF UNIVERSITY OF KENTUCKY RESEARCHERS FOUND THAl PRESCRIPTION DRUG MONITORINO"PROGRAMS LED TO A NEARLY 10 PERCENT RIDUCT10t,11HOP1010S PRISCRIBE0 TO NIEDICAID PATIENTS, insurers and health plan sponsors, could add value if given access to this data. Currently, payers may only have access to data for prescriptions they've paid for, but not for patients who pay out of pocket, creating a blind spot for payers who are trying to help by monitoring their data. Giving payers access to this level of PDMP data could bolster efforts and foster collaboration with states as strategic partners to prevent abuse and misuse. There's already strong evidence that illustrates how effective PDMPs can be. University of Kentucky researchers found that PDMPs led to a nearly 10 percent reduction in opioids prescribed to Medicaid patients and an equal reduction in Medicaid spending on these prescriptions. These figures were mostly associated with mandates for prescriber registration, the study's researchers said, adding that their "findings support the use of mandates of registration in prescription drug monitoring programs as an effective and relatively low -cost policy. "" Other research found that PDMPs were associated with a reduction in opioid- related deaths, and enhancing PDMPs and adding more robust features like weekly data updates and closely monitoring more drugs likely to be abused could prevent two deaths per day." PDMPs can be an even more powerful tool for combating the opioid epidemic if their use is more widespread and if more stakeholders can access them. The Substance Abuse and Mental Health Services Administration's (SAMHSA) "Enhancing Access to PDMPs" project notes that PDMPs are underused and that there are limitations on authorized users and barriers to data exchange and interoperability, among other challenges. The agency issued 45 recom- mendations for how clinical decision - makers can take better advantage of PDMPs. II The recommendations include stream- lining the registration process so more stakeholders can input data, expanding the pool of authorized health care professionals who can access PDMPs, defining a standard data set included in reports, and adopting the National Information Exchange Model (NIEM) Program specification for sharing PDMP data across public and private agencies and partners. "We've been doing training and working to make sure states have PDMPs that make it easy to obtain and use data, and to get it in a format that is useful for the physician or the prescriber," says Dr. Kimberly Johnson, director of SAMHSA's Center for Substance Abuse Treatment .21 Some states, like Pennsylvania, already have redesigned their PDMPs. Pennsylvania Secretary of Policy and Planning Sarah Galbally says the state passed a prescription drug monitoring amendment, which included additional reporting requirements and shortened the time dispensers have to enter this information frqm 72 hours to 24 hours. The state requires a mandatory query for every prescription of opioids and benzodiazepines, a class of psychoactive drugs used to treat anxiety, insomnia and other conditions. Querying the PDMP database can also help mitigate circumstances in which a patient is prescribed opioids, skeletal muscle relaxers and benzodiazepines at the same time — "the triple threat" — in addition to letting a provider know whether a patient is being prescribed a drug to treat opioid use disorder. "Making sure the system is queried every single time was really important to catching CASE STUDY: OHIO 14 Ohio has been aggressively tackling the opioid crisis, investing $1 billion from the state's budget to assist its local communities." Ohio's strategy has four key pillars: treatment and recovery, prevention, education and tougher penalties for drug traffickers and pill mill operators. Ohio created the Cabinet Opiate Action Team, a group comprising addiction prevention, treatment, health care, public health and law enforcement experts who coordinate the efforts of the state's 16 Cabinet agencies. Tracy Plouck, director of Ohio's Department of Mental Health and Addiction Services, says pill mills, overprescribing and illegal drug trafficking, as well as people obtaining drugs from friends and family, all have contributed to the opioid epidemic. "We've designed different interventions that help at different points along this continuum," she says.25 These interventions include working with doctors and other health care providers to create prescribing guidelines; scheduling law enforcement and other experts to talk to more than 100,000 students about wellness, substance use and making healthy decisions; distributing related educational materials to 60,000 parents; and collaborating with local universities to create curricula about prevention. The state also partnered with local justice departments to provide mental health and addiction services in local jails, short -term transitional benefits for released offenders and funding for drug courts. Ohio's drug courts have been successful. A study by Case Western Reserve University during the program's first year found a 114 percent increase in participants' employment status after graduation, and safe and stable housing increased by almost 29 percent for these individuals. Re- arrest rates also were lower, Plouck says, as crimes committed by program participants dropped 86 percent. Ohio also embraced Medicaid expansion for addiction treatment. Since January 2014, about 500,000 people in the expansion population have accessed at least one mental health or addiction service — including inpatient and outpatient services or medication." The state plans to use part of the annual $26 million it will receive over the next two years from the 21 It Century Cures Act to expand capacity statewide for medication - assisted treatment (MAT) and to execute treatment and intervention strategies in counties that have the highest volume or penetration per capita of accidental overdose deaths. Plouck says federal funding has helped the state confront the opioid epidemic, but it isn't a cure -all. "Money alone isn't going to solve this. It takes community collaboration," she says. INJ Insurers, pharmacy managers and other organizations have launched fraud monitoring efforts as well. The Healthcare Fraud Prevention Partnership brought the federal government, state agencies, law enforcement, private health insurance plans and health care anti -fraud associations together to develop strategies to combat health care fraud .17 The National Association of Medicaid Fraud Control Units, which is part of the National Association of Attorneys General (NAAG), also has uncovered health care provider fraud, recouped program dollars and punished unscrupulous practitioners. Individual attorneys general and state attorneys across the country also are doing additional work on this front. For example, Florida State Attorney Dave Aronberg recently launched a task force to investigate substance abuse treatment providers who run sober homes or recovery residences and who may be exploiting the current opioid crisis and not providing patients with quality care. The task force recommended that Florida's legislature create a "vibrant, adequately funded system of oversight" for sober home providers and that recovery residences be certified and managed by a certified recovery residence administrator. Overall, creating substance abuse treatment industry standards should make local and state fraud monitoring efforts more effective .28 MEDICAID LOCK -IN PROGRAMS Medicaid beneficiaries are prescribed opioids at twice the 14 MEDICAID U"NEFICii PRESCRIBEO OPIOIM',' RATE OfTHEREST0f iHf [)LjD[jJf ?Ie AND RESEARCH I "NO I CM c. ' ATTHREF T 0 S I X: GL'i ` IV RISK Of A FATAL OVERM".11-, J" rate of the rest of the population, and research indicates they are at three- to six -times greater risk of a fatal overdose.29 Medicaid lock - in programs — which identify patients who are high risk for controlled substance abuse and require them to use a single doctor, or pharmacy for their opioid prescriptions — are one policy solution for addressing this issue. Forty -six states have lock -in programs, but they differ in terms of program design and hor each state, defines and identifies high -risk individuals. These programs are often effective tools to coordinate care among health care providers, and prevent doctor shopping and duplicate therapies that could lead to unintentional overdoses, excessive dosage or diversion. A 2014 study found that additional information around evaluating the design and effectiveness of Medicaid lock -in programs is necessary, and that this data could help states make their programs more impactful."' The study also suggested integrating PDMP surveillance data with each state's Medicaid prescription claims data to identify people who may be doctor shopping or overutilizing services. Lock -in programs can also save money for state Medicaid programs. One study by the Oklahoma Health Care Authority, which involved 52 members of SoonerCare's pharmacy lock -in program, found the program led to reduced prescription drug use; fewer pharmacy, physician and ER visits; and a savings of about $600 per member for the first 12 months post lock -in.31 DRUG TAKE-BACK DAYS Unused medications pose a risk for accidental exposure, misuse and abuse. Research indicates many in- dividuals with opioid use disorder get prescription drugs from friends or relatives. The National Survey on Drug Use and Health found 70 percent of people age 12 or older who reported non - medical use of pain relievers got the drugs from a friend or relative by purchasing them or by stealing them. 12 Another study found half of patients prescribed opioids have leftover pills and the same number couldn't remember receiving information from their health care provider about how to safely store or dispose of unused medication.i3 Safe storage and disposal are paramount to mitigating the crisis — patients should be encouraged with messaging such as "Don't share; lock it up; dispose appropriately." To help, the federal Drug Enforcement Administration (DEA) launched a semi -annual National Prescription Drug Take - Back Day, which provides a safe, convenient and responsible way to dispose of prescription drugs, while also educating the public about the potential for medication abuse. During its April 2017 event, the DEA collected 450 tons of unused prescription drugs at 5,500 collection sites across the country.i4 States, counties and cities also host drug take -back initiatives. In Somerset County, N.J., officials recovered more than 2,700 pounds of unused prescription drugs at their 2016 take -back events and drop boxes. 15 In Iake County, Ill., the cross- collaborative Lake County Opioid Initiative collected 12,000 pounds of unused medication in 2016, according to Lake County State's Attorney Michael Nerheim.16 National retailers are participating in drug take -back efforts, too. Walgreens offers safe medication disposal kiosks at 600 stores in 45 states. PROVIDER AND CONSUMER EDUCATION Educating clinicians about prevention and early intervention for opioid use disorder is critical, but it must include the right training. "There have been educational efforts in place for a while now, and they haven't worked," says Dr. Kolodny. "Part of the reason they haven't worked is that the educational messages werent good. The way to get there is not through voluntary education, but through mandatory training. However, the training has to be the right curriculum." In Pennsylvania, the state's physician general engaged the Pennsylvania Medical Society, deans from the state's medical schools and other medical training programs to develop prescriber education campaigns for students and continuing education for practitioners. Training for doctors and other health care providers is critical and should be integral to policymakers' efforts to prevent addiction and increase access to treatment. In Massachusetts, medical students at the University of Massachusetts, University df Boston, Harvard University and Tufts University will receive training in core competencies developed by the state's public health commissioner to assess addiction risk in patients before prescribing medications, identify how to treat high -risk patients and approach opioid use disorder as a chronic condition rather than a drug abuse problem. Three Massachusetts dental schools also teach students about effective pain care, when to prescribe opioids and how to identify misuse. This effort is important because dentists are the third - highest prescribers of opioids.17 rom drug treatment courts to medication - assisted treatment (MAT), states are adopting several approaches to effectively treat individuals with opioid use disorder. DRUG TREATMENT COURTS Many experts agree opioid addiction is a disease and should be treated as such, rather than a criminal offense. Drug treatment courts have existed for nearly 30 years, but some counties now use them as prison diversion programs to stop the cycle of opioid use disorder. "Nobody benefits by putting people addicted to drugs in jail. It's really not a smart way to approach it," says Lake County State's Attorney Nerheim. Research bolsters Nerheim's argument. Eighty percent of prisoners have a history of drug abuse; 50 percent are addicted Ito drugs; 60 to 80 percent of prisoners abusing drugs commit a new crime after release; and approximately 95 percent of addicted prisoners relapse when they're released, according to National Association of Drug Court Professionals (NADCP) data.39 Lake County's drug treatment court is a two - year program for offenders with extensive criminal histories. Those in the program must report to court once a week and provide a urine sample to prove they're drug free. The drug court team helps participants identify appropriate employment and discourages participants from having relationships with drug abusers. The state of Illinois previously only allowed offenders to participate in drug court once per lifetime but amended the law so counties could treat more people. The Lake County Opioid Initiative also launched "A Way Out," a separate prison diversion program for first -time offenders, and works with several treatment providers — some of whom accept individuals without insurance. Additionally, anyone can walk into a local police department, voluntarily ask for help, surrender their drug paraphernalia and enter an inpatient or outpatient treatment program. "What you're seeing now is that law enforcement is just as aggressive in trying to reduce demand by going out and helping those who are addicted to drugs and committing crimes based on that addiction," Nerheim says. "The effort with these people should be treatment rather than incarceration." MEDICATION-ASSISTED TREATMENT Medication - assisted treatment (MAT) uses a combined approach of counseling; behavioral therapies; and medications like buprenorphine, methadone and naltrexone to treat patients with substance use disorders. When these approaches are delivered together to treat a chronic disease like opioid use disorder, they can be highly effective. MAT can help sustain recovery but is significantly underused, according to SAMHSA.11 The Impact of More Funding In summer 2016, the U.S. Department of Health and Human Services announced S53 million in funding to 44 states to increase treatment access, reduce opioid deaths, improve prevention efforts, and support more data collection and analysis to identify hot spots of misuse and overdose." In September 2016, the Department of Justice also announced an $8.8 million grant to 20 states to create or enhance their poMFs,'' However, the largest funding source comes from the 2VI Century Cures Act and the Comprehensive Addiction and Recovery Act (CARA). In April 2017, HHS Secretary Tom Price announced the first of two rounds of grant money - as autho by the 21 st Century Cures Act — for each of the 50 states, the District of Columbia to The Surgeon General's report, "Facing Addiction in America," also advocates for the use of MAT. However, the report also acknowledges that not enough treatment programs offer these medications. "Many people, including some policymakers, authorities in the criminal justice system and treatment providers, have viewed maintenance treatments as `substituting one substance for another' and have adhered instead to an abstinence -only philosophy that avoids the use of medications, especially those that activate opioid receptors," the report notes. si� territories,l' with the first totaling nearly $485 million. Funding was allocated according to each state's overdose death rate and "unmet need for opioid addiction treatment." CARA also allocated $1 billion in new tunding for the next two years for opioid addiction prevention and treatment programs.'? The funding is helping states implement evidence - based strategies to curb the epidemic and treat high -risk and high -need groups. "[The grants] are really designed specifically to address the funding gap states have," says SAMHSA's Dr. Johnson. CASE STUDY: BALTIMORE In Baltimore, heroin - related deaths have increased by 73 percent and fentanyl- related deaths have increased 10 -fold over the past few years." Officials are tackling the epidemic with a wide range of initiatives, says Dr. Leana Wen, Baltimore city health commissioner. Baltimore has a standing order for naloxone, a lifesaving antidote administered by nasal spray or injection to reverse opioid- related overdose, which allows pharmacies and overdose response program employees or volunteers to dispense the medication. In the last two years, the city has conducted 20,000 trainings, which has resulted in 800 saved lives, Wen says.47 In 2016, Baltimore created a citywide, multi- agency Fentanyl Task Force that meets monthly and develops recommendations. "One of our recommendations was to have real -time alerts for fentanyl overdoses," Wen says. "The police and fire departments and our partners all contribute every day to these alerts, on an hourly basis, when there are spikes for overdoses. We then have outreach teams that go out to areas where overdoses are occurring to target education and outreach accordingly." Baltimore also has a prison diversion program and a 24/7 hotline that connects people with substance abuse and mental health professionals. Wen says the focus is getting people treatment on demand. The city received $3.6 million in funding to create a stabilization center that will serve as a 24/7 emergency room for addiction and mental health treatment. Wen says more cities will be able to better fight the epidemic if the thinking around addiction shifts. "If addiction was treated as if it were any other disease, we would undoubtedly expand investments for on- demand treatment, expand investments in prevention and expand investments in the public education that is desperately needed to end this epidemic," Wen says. _ -�- ZZ ZZ .... ..... ... i��li n ..... n ..... o... 19 4P OPIOID ADDICTION INFORMATION FOR LOVED ONES The American Society of Addiction Medicine (ASAM) created an opioid addiction treatment guide for patients, friends and families that provides an overview of the different treatment approaches and information on where to find ~ pa_ providers and support groups 7'3- „' Ir ' ' .1 Learn more here. Opioid Addiction htt� :/ "L .asani. Treatment r s / c�ra /c)tlalitv_r�racticl patient - guidelines- resources CREDENTIALING TREATMENT CENTERS Identifying the most effective forms of treatment is only half the battle. Ensuring patients get treatment from providers and care facilities that follow evidence -based practices and are thoroughly trained to help them is just as critical. Many stakeholders already recognize this. For example, the Georgia Legislature recently passed the "Narcotic Treatment Programs Enforcement Act," which the governor signed into law in May 2017.46 Among other things, the law provides for minimum standards of quality and services for narcotic treatment programs as well What About Abuse - Deterrent Formulations? Abuse - deterrent formulations (ADFs) are drugs that can't be crushed, melted or otherwise manipulated, so drug abusers cannot snort or inject them. These drugs could be part of a multi - faceted solution to address the opioid epidemic, but they also give some patients, parents and loved ones a false sense of security. They're an important toot for doctors, but they're not necessary for everyone. Despite ongoing efforts, ADF abuse still happens. ADFs can be abused when taken orally and some states are hesitant to view them as a primary solution to the opioid epidemic. Governors have vetoed opioid legislation involving ADFs. New York Gov. Andrew Cuomo and New Jersey Gov. Chris Christie both vetoed bills mandating health insurance cover these formulations. Their veto messages cited limited research on the effectiveness of the drugs and their high price tag. 20 "in addition to the lack of clarity regarding Ithe efficacy of these drugs, abuse - deterrent opioids cost approximately three times more than opioids without these formulations. By all accounts, this bill will cost the state over $11 million each year, the benefits of which, as noted; are still uncertain," Gov. Christie wrote,Q) In addition, the FDA's advisory committees recently rejected OPANA ER --- a popular ADF -- and deemed that its risks do not outweigh its benefits.�0 3 CASE STUDY: NEW YORK In New York, drug - related deaths increased 40 percent between 2009 and 2013, with opioid- related deaths accounting for the majority of this increase. From 2010 to 2014, opioid - related ER visits increased 73 percent, and 42 percent of admissions to state - certified substance treatment programs in 2014 included opioid use as the reason for admission compared to 19 percent only four years before." In 2016, insurance providers, the NYS Office of Alcoholism and Substance Abuse Services (OASAS), addiction treatment provider Huther Doyle and several prescribers worked together to launch the Western New York Collaborative ECHO for Chronic Pain, Opiate Prescription and Medication Assisted Treatment, Substance Use Disorder, which has been deemed the "first insurer -led ECHO in the world." The Extension for Community Healthcare Outcomes program, known as ECHO, is open to primary care providers at all levels — including physicians, physicians assistants, nurses, psychologists, pharmacists, social workers, mental health specialists, physical therapists, chiropractors and more — as well as Suboxone providers with an interest in prevention of addiction, MAT and pain management. The program has included more than 20 bi- weekly, 90- minute sessions on how to identify signs of opioid dependence and misuse, have difficult conversations with patients about this behavior, prescribe opioids appropriately, fill out MAT forms and more. The sessions also discuss non - opioid pain medications and provide information about evidence -based therapies for opioid use disorder. Participants join the sessions virtually via webcam so they can interact with each other and cultivate a knowledge network to share ideas and better combat the opioid crisis. Past participants noted that they appreciated learning more about MAT and said the sessions improved their skill set as a provider. Eighty -seven percent also said they felt more comfortable explaining naloxone to patients, administering and prescribing it. Ak 21 Across the country, state and local leaders, nonprofits, health care organizations and other partners are employing strategies that have saved thousands of lives and put their communities in a better position to curb new addictions, expand treatment access and educate the public about the dangers of opioids. They exemplify progress and their efforts have yielded several best practices other policymakers can adopt to combat this epidemic locally. TAKE ACTION Consider these strategies in your state or local government. PROMOTE THE CDC GUIDELINE FOR PRESCRIBING OPIOIDS FOR CHRONIC PAIN V/ FOCUS ON TRAINING CURRENT AND FUTURE PRESCRIBERS V LAUNCH DRUG TAKE -BACK PROGRAMS V DEVELOP TOOLS TO SUPPORT SAFE PRESCRIBING V ESTABLISH CROSS- AGENCY PARTNERSHIPS OR CONVENE COMMUNITY STAKEHOLDER GROUPS J DEVELOP PUBLIC EDUCATION CAMPAIGNS EXPAND AND IMPROVE TREATMENT ACCESS V INCREASE USE OF AND IMPROVE INTERFACES FOR POMP DATA V / ENCOURAGE COORDINATED CARE SUPPORT CRIMINAL JUSTICE DIVERSION PROGRAMS PROMOTE THE CDC GUIDELINE FOR PRESCRIBING OPIOIDS FOR CHRONIC PAIN Review the CDC guideline — which was created with the input of multiple stakeholders from different sectors — and consider what elements you can incorporate into your own guidelines. The U.S. Surgeon General's report, Facing Addiction in America, "also includes key research findings and provides guidance about ways local communities can address drug addiction. FOCUS ON TRAINING CURRENT AND FUTURE PRESCRIBERS Partner with dental and medical schools and other health care provider training programs to develop (prescriber education curricula. For example, in Massachusetts, medical schools must conduct yearly verbal substance misuse screenings in two grade levels and collaborate with the state's education and public health departments on addiction education policies. LAUNCH DRUG TAKE - BACK PROGRAMS Consider scheduling drug take -back days throughout the year and work with the DEA on its semi - annual Drug Take - Back events. Placing drop -off boxes in various locations and supporting similar programs can help citizens safely dispose of unused or expired prescription medication. 24 DEVELOP TOOLS TO SUPPORT SAFE PRESCRIBING Help physicians make better decisions about opioid prescriptions. For instance, Washington officials created an online Opioid Dosage Calculator to encourage more cautious prescribing (it's also available as an app) and Ohio created a "Health Resource Toolkit for Addressing Opioid Abuse. " In 2015, CMS launched a New Medicare Part D Opioid Drug Mapping Tool that local officials can use to see the number and percentage of opioid claims in their area. ESTABLISH CROSS - AGENCY PARTNERSHIPS OR CONVENE COMMUNITY STAKEHOLDER GROUPS Conduct regular meetings, establish communication, and form workgroups and subcommittees to help your state develop consensus - oriented policy solutions. For example, the Bree Collaborative, a governor- appointed group of purchasers, insurers, providers, state agencies, university leaders, hospitals and physicians, worked to devise strategies for implementing Washington state's Interagency Guideline on Prescribing Opioids for Pain. The city of Baltimore's multi - agency Fentanyl Task Force also brought together diverse stakeholders to create recommendations for addressing the epidemic. DEVELOP PUBLIC EDUCATION CAMPAIGNS Launch public education campaigns focused on raising risk awareness, chronic pain management and opioid overdose prevention. Alabama, for example, created awareness posters, radio spots and PSAs for its "Zero Addiction" campaign. In Oregon, a group called Oregon Pain Guidance made 'q4% videos to help educate providers about safe prescribing practices and treatment. The group also collaborated with a local TV station on a series of videos that featured people in recovery and offered tips on how to recognize opioid dependency and better treat pain. The videos appear across multiple channels, including social media, where they can reach young people who are at great risk for opioid misuse. EXPAND AND IMPROVE TREATMENT ACCESS Consider using funding to build capacity and sustainable solutions. For example, federal funding available through the 21" Century Cures Act, which focuses on the uninsured and high -need groups, will help states expand access to treatment, such as psychosocial counseling and medication - assisted treatment (MAT). States also should catalog available treatment options in their community and aid the public in finding qualified, accredited treatment providers, as this can be an obstacle to quickly getting patients necessary care. Also consider funding "warm hand -off' programs to get more people into treatment. These programs transfer patients directly from the ER — where they've been treated for an overdose — to a qualified drug treatment provider, thereby reducing the likely risk of a repeat overdose after that individual leaves the hospital. This approach may encourage patients who might not have sought treatment to get help. INCREASE USE OF AND IMPROVE INTERFACES FOR PDMP DATA Encourage doctors to use prescription drug monitoring program (PDMP) data before they write prescriptions, or change regulations for when data must be entered. PDMPs are a valuable tool to curb doctor and pharmacy shopping and provide more transparency about prescriber history, which is why payers should have access to this data. It may also be valuable to establish parameters to encourage PDMP data sharing among programs and partners. ENCOURAGE COORDINATED CARE Advocate for more coordinated approaches for fighting the opioid epidemic. For example Pennsylvania employs what it calls a "no wrong door policy" so individuals can approach a law enforcement officer, a doctor or another member of the community and be offered services to transition into treatment — without the threat of incarceration. The ECHO treatment model is also a way to bring multidisciplinary groups together to share knowledge, improve patient care and increase access to evidence -based treatment. SUPPORT CRIMINAL JUSTICE DIVERSION PROGRAMS Explore ways to leverage drug treatment courts or similar prison diversion programs to provide treatment to people who may not otherwise receive it. It's important to collaborate with law enforcement in this effort. For example, in Lake County, Ill., anyone can walk into a police department, voluntarily surrender their drug paraphernalia and ask to enter a drug treatment facility. 25 ENDNOTES PRODUCED BY: GOVERNING I N S T__1 T U T E The Governing Institute advances better government by focusing on improved outcomes through research decision support and executive education to help public - sector leaders govern more effectively. With an emphasis on state and local government performance, innovation, leadership and citizen engagement, the Institute oversees Governing's research efforts; the Governing Public Official of the Year Program, and a wide range of events to further advance the goals of good governance. www.governing.com SUPPORTED BY: ooa BlueCross BlueShield Association The Blue Cross and Blue Shield Association is a national federation of 36 independent, community -based and locally - operated Blue Cross and Blue Shield companies that collectively provide health care coverage for one -in -three Americans. For more information, visit www.BCBS.com. ALL PHOTOS UNLESS NOTED WERE PROVIDED BY SHUTTERSTOCK.COM © 2017 e.Republic. All Rights Reserved A Prescription for Action j A Prescription for Action It has been said that in every crisis lies the seed of opportunity, and the opioid crisis presents an invaluable opportunity for city and county officials. http : / /opioidaction.org ,'report/'[10 /1512018 10:14:50 AM] A Prescription for Action I A Prescription for Action Letter from Task Force Co-Chairs *jIlers arcl, h�—ojr) has devastated '�v)e epidernlc of overdoses and deaffis fr ni I�ie abuse7 of pre,--,,c,oUon pair -F k n -)untless fani:fic-z and communities across the country In August, 2016 alone -- as this joiW task torte ;:)nveoed P)v the NaLiona; Association Of COLJrttiE�S t=sIXI the Nati-lonzil League ol C ties carried On its ,4vor! -- 74 ove ONo cjty� 8 overdoses in 70 rn informed us of I rdoses in six days in ar, I n u s 11; a P e n n sv I va n WY and 26 (-ver hos-es in 3 5 hours m a West ' :rginia city Although news outlets ofter) provide littie more V af) a rulf-in,4'm tally of the epidiernic, leaders at tt'ie local level experience the human 'costs, of this puiblir; healf� -e c�onfront thc-: tragedies t' in rill-ral count Ps and ir-, urban aties. arid no sis ione a i, i i e � VV .,Orlon of society is ininiurie fro,i,, the devastation Fan-iiiies, are sNattereo wit' iout reciard to incowie, ra((e, rl -cify, gender; edUcatioiial attairifnent or fariii',y structure, resef vinci the hea'trh, safe'y, and vitaNy of Our Cori, IrT.,unities, it is o!,11 As, city and county leaders entrusted A4%idh p I i luty to act with urgency t,,,) break the cycle:; of addichon, overdose, and d- eath that have faker{ hold in so m,$,ny 11 e f I r e of this nalUo'-, To f1hat eni thf and 01, rj�, lea-, �J r!--�J;ane(,-j h, el P loc'q, ad, http:/,/opioidaction.org /report/[ 10/15/2018 10:14:50 AM] A Prescription for Action I A Prescription for Action JUDGE GARY MOORE MAYOR MARK STODOLA List of Taskforce Members NATIONAL ASSOCIATION OF COUNTIES MEMBERS Go-Chair - JudgeiExecutive Gary Moore, BoOfIC- Ke­tUCky beih VVe')Uf U� Commissioner Doug Corcoran Cpunty Executive Kathy Dahlkemper, Erie Cour a;' -tla E)r. Vioya 1�o� Cr-,­ iimiissioner. LaPc?, COUnty Council Member Waymon Murnford Floreiw.-e Cciijmiy, South Carolina Supervisor Leticia Perez, Kern Go, u n' v , C'ell"k-o'Miji County Executive Mark Poloncarz. Erie County. Yr);,�' !I;" I t !'�. :�' I Commissioner Greg Puckett CC)i !,,i, County Executive Steve Scfjuf NOF�,*GK J ! NATIONAL LEAGUE OF CITIES MEMBERS 6,u-,Chair­ Ailayor Mark Swooi,i. Litile Rock. Ai`Kld;,.r,c,�, Councilmember Wait Allen ovin& Callfo!-r),la Executive Director Geoff Beckwith, tvias"sachuset'ts 1''Ju+ !1C'q.)a-1 U, Y i t. i iys %c L'"e f-eit.!Oian, f -or 1-audlerdale, Florida Councilmernber Leta Mach., ,.are : ,nbei'., Councif President Ceasar Mitchell Aflarlia Counciln-lernber Joel Navarro, Ari- Mayor Nan Whaley. Da-,vwri, Ohio Police Chief Nick Willard. N-v, Hamp' Councilmernber Lavonta Williams, V'Vich;ta K'clf"Sas Mayor Stephen Williams. Huntington, Vif-,qjinia http : / /opioidaction.org/reporti[10 /15;'2018 10:14:50 AM] A Prescription for Action I A Prescription for Action Facts and Figures on the Opioid Crisis WHAT IS AN OPIOI D? As used in this report, opioid refers broadly to substances that bind to opioid receptors in the brain and body. This includes drugs commonly prescribed to relieve pain like hydrocodone (e.g., Vicodin) and oxycodone (e.g., OxyContin, Percocet), as well as substances like heroin that are produced and sold illicitly. H3C0 i� 0 H H 0 OVERALL, AMERICANS CONSUME UPT080% OFTHEWORLD'S PRESCRIPTION OPIOIDS. Source: Centers for Disease Control and Prevention 30,000 25,000 20,000 15,000 10,000 5,000 2000 2005 2010 2015 http: / /opioidaction.org /report/[ 10' 15/2018 10:14:50 AM] N CH 3 THE SCALE OF THE CRISIS In 2014, the latest year for which national data is available, nearly 30,000 individuals died from opioid overdose in the U.S. This number increased steadily during the last two decades, from 6,242 deaths in 2000, to 12,991 in 2005, and 19,687 in 2010. Source. Centers for Disease Control and Prevention A Prescription for Action I A Prescription for Action In 1991, health professionals wrote 76 MILLION opioid prescriptions in the U.S. 1 4 UO In 2011, they wrote 219 MILLION. On an average day in the U.S., according to the Department of Health and Human Services, health care professionals dispense more than http:i;'opioidaction.or 'report'[10'15 2018 10:14:50 AM] •. 1.111 u�w n� new �rr� nwr. uwt B B B B 1 number of prescriptions written for painkillers exceeded the number of people in the state. Meanwhile, Mexican heroin production increased from 8 METRIC TONS TO Hw� 50 METRIC TONS between 2005 and 2009. Source: National Institute on Drug Abuse A Prescription for Action I A Prescription for Action • i • W140 • EACH DAY: 00 39 People initiate nonmedical use of prescription opioids for the first time. 580 People use heroin for the first time. People die from an opioid- 78 overdose. Source: U.S. Department of Health and Human Services http: /opioidaction.org/report /[10/15/2018 10:14:50 AM] A Prescription for Action I A Prescription for Action Responding to a Crisis http : / /opioidactioti.org,report/[10 /15/2018 10:14:50 AM] A Prescription for Action I A Prescription for Action Leading in a Crisis Recommendations mvw�l http://opioidaction.org/report/[10/15/2018 10:14:50 AM] A Prescription for Action I A Prescription for Action SET THE TONE IN THE LOCAL CONVERSATION ON OPIOIDS. 0� 0 CONVENE COMMUNITY LEADERS. http: / /opioidaction.org/report /[10/15/2018 10:14:50 AM] i A Prescription for Action I A Prescription for Action FOSTER REGIONAL COOPERATION. _, f.P Cl 04`i'&! C0-)r iinat ±-,d a ior_a !' �ce.Jt �,14 ti£ ut " ,.'i eq furnia! to �sR i, i as „F ".i3 14- " is'.� n" �;��i ,�'�'•, tr t� C,i�7 it,. a� r .I,.r� 1. �:.� i C��`s. (. 3 i EDUCATE AND ADVOCATE TO STATE AND FEDERAL PARTNERS. 44 ! "rte < .r' Q {, ,. _v q t�t1 :7 4i �i �..? 1!(.1 s-;t ..�+., ,. �: t r �_ l:�t� a°� i r it}s.i ca(!vo_ �-ea , F_.. __ -, , ;S from I a _.,� r{ ➢i3 ���� f�� �',r. i.f i;t ,, ?(:jdil,Zc,1. t f '? Fie(,ci 1 "neI ICa'_ tic).n's (or. ;'fit:?, , ENSURE PROGRESS FOR ALL IN FORMULATING RESPONSES TO ADDICTION. http : / /opioidaction.org/report/[10 /15/2018 10:14:50 AM] Focusing on Prevention and Education Recommendations TOOLS AND EXAMPLES THINKING OUTSIDE THE BOX In Erie County, Pennsylvania, parents are educated about the symptoms of adolescent drug abuse through open- bedroom http :'opioidaction,org'report, /[10/ 15/2018 10:14:50 AM] A Prescription for Action I A Prescription for Action 110 A1061 TW W19 M61UNSM W44 (QVAQX lhWt 01 XXAII 15501M f* W WO kFAN VW 1.04 Sr, KR MAY 15-22 201► Mum wit i wy S fwlu u"311 displays located in shopping malls. 0 INCREASE PUBLIC AWARENESS BY ALL AVAILABLE MEANS. 0 REACH CHILDREN EARLY, IN AND OUTSIDE OF SCHOOLS. http:i /opioidaction.or_z/reporti'f 10/15/2018 10:14:50 AM] A Prescription for Action I A Prescription for Action -I, -� t rent in the curn;mmmy to speak regularly with their chodren St iould aso call on ead pa, POW We Owens of prescri I pmn and 0 cit opkAds. According to the Red- Ribbon Carnpaign, an irfltiatk/e of the it aisks pare ro lediucatf(_! their chJdrei-� about d1rug aBuse chOidren of regdady An", dwgs are -42 pEncent less 1:ke!y to zuse drugs thai s thos�-, �ti of teel i-eport 1havirig these jet v (" �, 0 ADVOCATE FOR OPIOID TRAINING IN HIGHER EDUCATION. Y�Oswn V1 neamWate'd and, gpraduaze proqrafns� �n addlon to on medical, phan-niacy, 1WAg ax� Schicols. sinr A receive apqxoprQite training o pciin [nanagetnenii. and substance use, U�i �ind mu, ay leadws shmdo assess the exterm W wnkh ghs traming is provided in educational n NuTurs -vvithw� their juhsdkOun and use their positmi-is as electea leader., to for greater traimng nowe reeded -` , ­a i L -- -oo!c traming for ar'..6, denta� ��fu,x,ents is self- e�videnu ano _ram ;mpoamme of op - J ,2verarch,inq local s! v_,u-�d if , drucl ah!j�e intervention Vainmg for aA SkUdent:� in health, fielo," ,'hie Qf Intervenbon and' ta, F) pro am is ar'l lysed app mach endomed by We Substance Ab,,.,­,e Health, Services Adrninistration "!-0iP -%�Wfy I 1101t6,E L.Iniversai screerw-)�_; Clf �3!! ;f_it-1 _i�:q_ emy risks and ;:.iblu.,.se in Order to intery -o,-_, c-;pr,wp,iately Basic S&R-1- t, t s a-,,,aiiatble wa at bee app devduped at the Baylor College of http://opioidaction.org/report/[ 10/15/2018 10:14:50 AM] A Prescription for Action I A Prescription for Action EMBRACE THE POWER OF DATA AND TECHNOLOGY. FACILITATE SAFE DISPOSAL SITES AND TAKE -BACK DAYS. http : / /opioidaction.org/report/f 10 /15/2018 10:14:50 AM] A Prescription for Action I A Prescription for Action Expanding Treatment Recommendations N MAKE NALOXONE WIDELY AVAILABLE. http://opioidaction.org'report/[IO115/2018 10:14:50 ANI] R,Jt Recommendations N MAKE NALOXONE WIDELY AVAILABLE. http://opioidaction.org'report/[IO115/2018 10:14:50 ANI] A Prescription for Action I A Prescription for Action TOOLS AND EXAMPLES RECOVERY COACHES IN OCEAN COUNTY, N.J. The Ocean County prosecutor's of ce has launched the "Recovery Coach Program," a voluntary program that connects individuals revived by naloxone with treatment options once they are stabilized in emergency rooms. Working with area hospitals, the program matches an overdose victim with a recovery coach, who, if the patient is willing, will work with the person for up to eight weeks and help steer him or her toward recovery. Free or subsidized treatment is available for willing participants. The coaches are typically in recovery themselves, which of cials say provides a perspective that doctors and law enforcement of cials cannot. Early in the program, up to 70 percent of overdose victims had agreed to participate in the program. INTERVENE TO ADVANCE DISEASE CONTROL BY IMPLEMENTING A CLEAN SYRINGE PROGRAM. http: /lopioidaction.org/report/[10/15/2018 10:14:50 AM] A Prescription for Action I A Prescription for Action 0 INCREASE AVAILABILITY OF MEDICATION-ASSISTED TREATMENTS. http :i /opioidaction.org/reporU[10 /15/2018 10:14:50 AM] f http :i /opioidaction.org/reporU[10 /15/2018 10:14:50 AM] A Prescription for Action I A Prescription for Action , 0 EXPAND INSURANCE COVERAGE OF ADDICTION TREATMENTS. EMPLOY TELEMEDICINE SOLUTIONS. Local leaders should advocate for including addiction treatments in all health insurance plans and removing limits on such treatments. http: / /opioidaction.org/report/[10/15/2018 10:14:50 AM] A Prescription for Action j A Prescription for Action Reassessing Public Safety and Law Enforcement Approaches Recommendations 0 REDUCE THE ILLICIT SUPPLY OF OPIOIDS. http : / /opioidaction.org /report/[10 /15/2018 10:14:50 AM] A Prescription for Action I A Prescription for Action TOOLS AND EXAMPLES DRUG MARKET INTERVENTION IN HIGH POINT, N.C. First piloted in 2004 in High Point, N.C., Drug Market Intervention (DMI) is a strategy for shutting down overt drug markets and improving life for residents in the surrounding communities. DMI identi es particular drug markets and stree -level dealers, arrests violent offenders, creates "banked" cases —or suspends prosecution —for nonviolent dealers and brings together dealers, their families, law enforcement of cials, service providers and community leaders for a call -in meeting that makes clear that selling drugs openly must stop. The strategy also includes a critical process of racial reconciliation to address historical con ict between law enforcement and communities of color. 0 CONSIDER ALTERNATIVES TO ARREST. http : / /opioidaction.org/reportl[ 10 /1 5/2018 10:14:50 AM] A Prescription for Action A Prescription for Action TOOLS AND EXAMPLES SEATTLE /KING COUNTY LEAD PROGRAM In 2011, Seattle and King County began piloting the Law Enforcement Assisted Diversion Program (LEAD) to address low -level drug and prostitution crimes in targeted city neighborhoods and parts of King County. The program's goals are to improve public safety and public order and to reduce the criminal behavior patterns of people who participate in the program. LEAD is a coalition of law enforcement, public health, city and county of cials, community stakeholders and private- sector supporters. LEAD is a pre- booking diversion program that empowers street -level public safety personnel to make decisions about arrests. Rather than moving persons with substance use disorder into the criminal justice system, LEAD participants begin working immediately with case managers and social workers. In the case of persons suffering from addiction, LEAD participants have access to trained clinicians who specialize in medication- assisted treatments and have been the key providers in the region for street -level outreach. Treatment services may include substance use disorder treatment, mental health support, housing and job training LEAD has been independently evaluated by researchers from the University of Washington. They nd that the program reduces recidivism signi cantly among participants (both on a pre /post - participant- only analysis and when compared with a selected group of controls) and also reduces criminal justice spending. DIVERT FROM THE CRIMINAL JUSTICE SYSTEM. http : / /opioidaction.or _z /report,'[10 /15/2018 10:14:50 Atli] A Prescription for Action I A Prescription for Action 0 FACILITATE TREATMENT IN JAILS. TOOLS AND EXAMPLES KENTON COUNTY DETENTION CENTER TREATMENT PROGRAM It is estimated that roughly 80 percent of those booked into the Kenton County detention center in northern Kentucky are incarcerated for charges that are either directly or indirectly related to substance abuse disorders. In 2015, jail directors dedicated a 70 -bed dormitory in their facility to substance abuse treatment, adding to the 30 beds already designated for such treatment. The voluntary, application -based six -month program provides inmates with cognitive - behavioral therapy, intensive counseling individually and in groups, spiritual programming and, prior to their release, a naltrexone injection to block the effects of opioids for 30 days after release. Inmates are also connected to community services before they are released, including organizations that help them attain health http: / /opioidaction.org/report/[10/15/2018 10:14:50 AM] A Prescription for Action 1 A Prescription for Action insurance. As of mid -2016, nearly 200 inmates had completed the program, and the recidivism rate was less than 10 percent. M SUPPORT "BAN THE BOX" INITIATIVES. , , TOOLS AND EXAMPLES TALLAHASSEE BAN THE BOX INITIATIVE In January 2015, Tallahassee moved to adopt a new set of municipal hiring guidelines for criminal background checks. City of dials recognized that in 2014, more than 1,700 formerly incarcerated individuals returned to Leon County, Fla., and almost 200,000 more are expected to be released in Florida during the next ve years. To help remove employment barriers for people with criminal convictions, the city manager can now inquire about criminal history and conduct background checks later in the interview process, rather than at the start. Of the 816 criminal background screenings conducted in 2014, excluding those for public safety jobs, 15 percent had criminal histories. Of those 15 percent, 11 percent were hired and 4 percent were denied on the basis of their background as it applied to positions. http:! /opioidaction.org /report.'[ 10/15 /2018 10:14:50 AM] A Prescription for Action A Prescription for Action V`k IMP 4, ,:O `` Federal and State Recommendations http://opioidaction.org /report.'[ I Oi 15 i 2018 10:14:50 AM] A Prescription for Action I A Prescription for Action State Recommendations ESTABLISH OR STRENGTHEN PRESCRIPTION DRUG MONITORING PROGRAMS (PDMPS). INSTITUTE GUIDELINES FOR PRESCRIBING OPIOIDS. STRUCTURE MEDICAID PROGRAMS TO PROMOTE SAFE OPIOID PRESCRIPTION PRACTICES AND ACCESS TO TREATMENTS. EXPLICITLY AUTHORIZE OR REMOVE BARRIERS TO CLEAN SYRINGE PROGRAMS. Federal Recommendations ■ EXPAND ACCESS TO MEDICATION-ASSISTED TREATMENTS. http:/',opioidaction.org/report,'[10i'15/'2018 10:14:50 A%1] A Prescription for Action I A Prescription for Action ALLOW INDIVIDUALS IN CUSTODY TO CONTINUE RECEIVING MEDICAID BENEFITS UNTIL CONVICTED, SENTENCED AND INCARCERATED AND REQUIRE STATES TO SUSPEND, RATHER THAN TERMINATE, MEDICAID FOR INDIVIDUALS IN JAIL. http: / /opioidaction.org/report /[10/15/2018 10:14:50 AM] A Prescription for Action I A Prescription for Action The federal government should provide greater fexibility in the Medicaid program for justice - involved populations and should require states to suspend, rather than terminate, coverage for incarcerated individuals. UIT4 TwOTOUTIMMO 1 $ 1111 http : / /opioidaction.org�report;[10 /1512018 10:14:50 Ali] A Prescription for Action I A Prescription for Action Resources NACo -NLC Opioid Report PDF 'lick here to download the report PD - NACo -NLC Opioid Report Portal opioidaction org National League of Cities National Association of Counties White House Office of National Drug Control Policy ,w,v'vv ,vhiitehOl1Se.go v ;ondcfp. Substance Abuse and Mental Health Services Administration . °iww sarnhsa.gov/ American Medical Association vwvv. ama -assn.org/ National Association of County and City Health Officials w.r,Aiw. naccho.orgi National District Attorneys Association http :! /opioidaction.org/report/[IO /15/2018 10:14:50 AM] A Prescription for Action i A Prescription for Action vvww.ndaa.org: International Association of Chiefs of Police ww, ,Inh riacp.org) National Association of County Behavioral Health and Developmental Disability Directors www,nacbad.org/ National Association of State Alcohol and Drug Abuse Directors www.nasadad.org/ Community Anti -Drug Coalitions of America wwrr.cadca.org The Red Ribbon Campaign www.rodribbon.org http: / /opioidaction.orgtreport /[10'15/2018 10:14:50 AM] IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of October, 2018. No. 41282 - 101518. A RESOLUTION authorizing the acceptance of the FY19 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 IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the FY19 Bulletproof Vest Partnership Grant Award by the United States Department of Justice, in the amounts of (i) $17,100 to the Police Department to purchase 57 concealable primary use bullet resistant vests, and (ii) $3,900 to the Roanoke City Sheriff's Department to purchase 13 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 October 15, 2018. 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. ATTEST: j AZUXI__� %. 0L City Clerk. R- Bulletproof Vest Partnership FY19.doc Vf"" IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of October, 2018. No. 41283 - 101518. 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 2018 -2019 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 2018 -2019 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- 3819 -2322 $ 3,900 35- 640 - 3819 -2323 17,100 35- 640 - 3819 -3819 21,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: October 15, 2018 Subject: FY 2019 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 $21,000 in FY 2019 funding. The Police Department was awarded $17,100 to purchase 57 concealable primary use bullet resistant vests. The Sheriff's Office was awarded $3,900 to purchase 13 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 2019 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 $17,100 and the Sheriff's Office in the amount of $3,900, 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, Assistant City Manager for Community Development Amelia C. Merchant, Director of Finance Timothy S. Jones, Chief of Police est Partnership 2018 Awards ount 1,,i rn ev b ov,--d f.- I I, c govde I ivety corn .ffr':4 eva gov to orp0public,govdellivery-com c,� �rnage zz from remote sites were prevented from do-wnloading 8JA i is pleased to inform sou that your agenc y wi I I receive an a,,+ aid under the Fiscal Year (FY) 2018 Bulletproof Vest Partnership (BVP) s S.w stem A complete list of FY 2018 BVP awards is available at httvs, /Ipip,004bj,)basii sr National Institute --of Justice (NIJ) compliant armored pests shich were ordered after April 1 2018, The deadline to request payments from e been requested Awards will not be extended past that date and an; unused funds will be forfeited or a list of NIJ compliant vests ec hn&� QoVIAl)t-0A*(C*'Y applied for FY 2018 BVP funding certified that a mandatory ,vejr polic, ?.as in place for their Jurisdiction BJA will be c oriduc ling re�aews of 3 stem F o,i more information on the BVP niandator,i wear polic I, please see the BVP Frequently Asked Questions document ge for checklists and guides for each step of the BVP process htIPL-3 ragram of y our award, please do not hesitate to contact the SVP Help 04--sk at gists j�iZusgb j go � or 1- 877 708 -3787. delc roai)okex-a 9ox- usirt Go%Deli%-ery Con-cur cat iotis Cloud on belialf of Office 202-�14-2000 .1street.NXV WasluizmDC20�31 STEMIANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk(r).roanokeva.gov October 17, 2018 Robert N. Richert 415 Allison Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Richert: CECELIA F. MCCOY Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk I am enclosing copy of Resolution No. 41284 - 101518 naming the unnamed roadway within Highland Park as Joel Richert Way in honor of Mrs. Joel Richert to recognize and honor the outstanding contributions that Mrs. Richert has made to our City, in accordance with the policy of City Council established by Resolution No. 39776- 121707. On behalf of the City of Roanoke, I wish to express sincerest appreciation to you and your family for Mrs. Richert's active and effective commitment to the people of Roanoke. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, October 15, 2018, and is in effect upon passage. Sincerely, Stephanie M. Moon Re Y n1s,"MM City Clerk Enclosure IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of October, 2018. No. 41284 - 101518. A RESOLUTION naming the unnamed roadway within Highland Park as Joel Richert Way in honor of Mrs. Joel Richert. WHEREAS, Mrs. Richert was a resident of Roanoke for over 45 years; WHEREAS, Mrs. Richert authored and published a book in 2007 called In Retrospect... The Old Southwest Neighborhood, Roanoke, Virginia that contains a collection of historical photographs and documents; WHEREAS, Mrs. Richert compiled records of each individual property in Old Southwest that included photos, articles, and anything else of interest she may have come across during the years she conducted research on the neighborhood. Prior to her passing in 2016, she donated all of her files to the Virginia Room at the Main Library; and WHEREAS, City Council desires to name the unnamed roadway within Highland Park as Joel Richert Way in honor of Mrs. Richert, in accordance with the policy of City Council established by Resolution No. 37976 - 121707 adopted on December 17, 2007, regarding the naming of City -owned facilities, including streets. THEREFORE, be it resolved by the Council of the City of Roanoke as follows: 1. City Council hereby names the unnamed roadway within Highland Park as Joel Richert Way in honor of Mrs. Joel Richert to recognize and honor the outstanding contributions that Mrs. Richert has made to our City, in accordance with the policy of City Council established by Resolution No. 37976 - 121707. 2. The City Manager is authorized to take such actions as are necessary to name the unnamed roadway within Highland Park as Joel Richert Way. 3. The City Clerk is directed to provide an attested copy of this Resolution to the family of Mrs. Joel Richert as an expression of the appreciation of the City of Roanoke for Mrs. Richert's active and effective commitment to the people of Roanoke. 4. This Resolution shall be effective upon passage. ATTEST: City Clerk 2 Name Change road in Highland Park for Joel Richert 10. 15.18 v2.docx • y COUNCIL CITY AGENDA REPORT C a m To: Honorable Mayor and Members of City Council Meeting: October 15, 2018 Subject: Request to Name the Road within Highland Park, "Joel Richert Way" Background: With a spirit of an urban pioneer, Joel Richert loved the City of Roanoke, and especially her Old Southwest Neighborhood. A passionate activist and a resident for over 45 years, Mrs. Richert championed the cause for the preservation and safety of her beloved Old Southwest, resulting in contributing to it becoming one of the most desirable neighborhoods in which to live and visit in the Roanoke Valley. Meticulous in her methods, Mrs. Richert served as one of the neighborhood's leading agents of change through the compiling of records of each home; many people may not know that she actually created a file on each individual property in Old Southwest that included photos, articles, and anything else of interest she may have come across during the years she conducted research on the neighborhood. Prior to her passing in 2016, she donated all of her files to the Virginia Room at the Main Library where those who are interested can view them today. She also authored and published a book in 2007 called In Retrospect... The Old Southwest Neighborhood, Roanoke, Virginia that contains a collection of historical photographs and documents. She also kept extensive records on the history of Highland Park and the Alexander- Gish House located within the Park. It has been said by many that .Joel Richert was the "matriarch" of Old Southwest. Mrs. Richert also devoted many years to public service, serving on the Roanoke Board of Zoning Appeals between 1998 and 2009, and in various positions of leadership with the Old Southwest, Inc. neighborhood organization. Considerations: Through Council Resolution No. 37976 - 121707 regarding the City Policy for the naming of City buildings, streets, parks, and other facilities, it is recommended that the unnamed roadway within Highland Park be named "Joel Richert Way" in honor of Mrs. Richert's many years of volunteer service to the City and her neighborhood. Recommended Action: City Council should adopt a Resolution to name the roadway located within Highland Park in honor of Mrs. noel Richert. -------- - - - - -- --------------- -- Robert S. Cowell, .Jr. City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager Michael D. Clark, Director of Parks and Recreation 2 1,U IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of October, 2018. No. 41285 - 101518. A RESOLUTION supporting an application and authorizing the City Manager to submit such application to the Virginia Department of Transportation (VDOT) Highway Safety Improvement Program in the amount of $2,175,000 for five (5) projects; and authorizing the City Manager to take certain actions in connection with such application. WHEREAS, the City of Roanoke desires to submit an application for an allocation of funds up to $2,175,000 for any funds provided by VDOT for the projects referred to in the City Council Agenda Report dated October 15, 2018, to this Council, and no local match will be required by the City. BE IT RESOLVED BY THE Council of the City of Roanoke as follows: 1. The City Council hereby supports the application referred to herein and hereby authorizes the City Manager to submit such application to VDOT for funds from the federal Highway Safety Improvement Program in the amount of $2,175,000 for the following projects: A. Installation of pedestrian signals along Williamson Road at the intersections with Compton Avenue, Truman Avenue /Broad Street, and Preston Avenue /Epperly Avenue. B. Improvement of pedestrian signals throughout downtown to include countdown pedestrian signal heads and Accessible Pedestrian Signal beacons to provide an audible indication to visually impaired and blind pedestrians when the "Walk" phase is provided by a signal to cross a street. C. Reconstruction of the traffic signal at the intersection of Elm Avenue and 5th Street, SW. Proposed improvements include replacing span wire with mast arms, adding Accessible Pedestrian Signals, providing retroreflective signal head backplates, and other safety countermeasures. R- Authorize request for VDOT Highway Safety Improvement Program FY 18 (10.15.18) D. Reconstruction of the traffic signal at the intersection of Jefferson Street, Walnut Avenue, and Clarke Avenue. Proposed improvements include replacing span wire with mast arms, improving signal visibility, adding Accessible Pedestrian Signals, providing retroreflective signal head backplates, and other safety countermeasures. E. Expansion of the Accessible Pedestrian Signal project to other intersections throughout the City. 2. The City Manager is further authorized to take such further actions and execute such further documents, approved as to form by the City Attorney, as may be necessary to submit the above application and to furnish such additional information as may be required for such application. TTEST, ,, n City Cleric R- Authorize request for VDOT Highway Safety Improvement Program FY 18 (10.15.18) CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: October 15, 2018 Subject: Resolution to Support the Application to the Virginia Department of Transportation (VDOT) Highway Safety Improvement Program (HSIP). Background: The Federal Highway Safety Improvement Program (HSIP) is a federally funded program aimed at reducing fatal and serious injury crashes on roadway segments and intersections. This annual program is administered by the Virginia Department of Transportation (VDOT) and all projects are funded with 90% federal funding and 10% state funding. Thus, no local match is required. Considerations: For the current HSIP application period ending November 15L, the Transportation Division will submit a total of five applications for funding consideration. • Installation of pedestrian signals along Williamson Road at the intersections with Compton Avenue, Truman Avenue /Broad Street, and Preston Avenue /Epperley Avenue at an estimated cost of $300,000. • Improvement of pedestrian signals throughout downtown to include countdown pedestrian signal heads and Accessible Pedestrian Signal beacons to provide an audible indication to visually impaired and blind pedestrians when the "Walk" phase is provided by a signal to cross a street. Estimated cost is $400,000. • Reconstruction of the traffic signal at the intersection of Elm Avenue and 5`h Street SW. Proposed improvements include replacing span wire with mast arms, adding Accessible Pedestrian Signals, providing retroreflective signal head backplates, and other safety countermeasures. Estimated cost to upgrade this signal is $425,000. • Reconstruction of the traffic signal at the intersection of Jefferson Street, Walnut Avenue, and Clarke Avenue. Proposed improvements include replacing span wire with mast arms, improving signal visibility, adding Accessible Pedestrian Signals, providing retroreflective signal head backplates, and other safety countermeasures. Estimated cost to upgrade this signal is $550,000. • Expansion of the Accessible Pedestrian Signal project to other intersections throughout the City. Estimated cost of this phase is $500,000. Project locations have been identified by VDOT safety analysis of pedestrian and vehicular accidents. One of the program requirements is a resolution of support from the local governing body that will be included with the applications. Recommended Action: Authorize the City Manager to submit an application to VDOT for the Federal Highway Safety Improvement Program requesting $2,175,000 in HSIP funds. Authorize the City Manager to take such further actions and execute such documents, approved as to form by the City Attorney, and to furnish additional information and /or documents as may be required for these HSIP applications. - - - - - -- -- -- ---- - - - - -- Robert S. Cowell, jr. City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Amelia Merchant, Director of Finance Robert K. Bengtson, P.E., Director of Public Works Mark D. Jamison, P.E., Transportation Division Manager 2 \A C� �r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of October, 2018. No. 41286 - 101518. AN ORDINANCE appropriating admissions tax from the Roanoke Civic Center — Berglund Center, amending and reordaining certain sections of the 2018 -2019 Civic Facilities 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 2018 -2019 Civic Facilities Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations CC Global Spectrum Expense Revenues Transfer from General Fund 05- 550 - 2105 -2401 $485,000 05- 110 - 1234 -0951 $485,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: October 15, 2018 Subject: Admission Tax - Roanoke Civic Center - Berglund Center Background: Admission tax for the Roanoke Civic Center - Berglund Center was not included in the fiscal year 2019 adopted budget ordinance. The Roanoke Civic Center - Berglund Center retains revenue derived from the admission tax on events held at the Roanoke Civic Center - Berglund Center to offset operating expenses. An admission tax is levied on the amount paid for the admission to any place of amusement or entertainment. Admission tax revenue collected at the Roanoke Civic Center - Berglund Center is remitted to the Treasurer to comply with Generally Accepted Accounting Principles. This revenue is then transferred back to the Roanoke Civic Center - Berglund Center. Considerations: City Council approval is required to establish a revenue and expense budget for Admissions tax revenue collected at the Roanoke Civic Center - Berglund Center. This revenue will be transferred to the Roanoke Civic Center - Berglund Center for the purpose of offsetting operating expenses. Recommended Action: Adopt the accompanying budget ordinance authorizing the Director of Finance to establish accounts in the amount of $485,000 for admission tax revenue collected at the Roanoke Civic Center - Berglund Center and' appropriate funding in the same amount to an expenditure account. -----ASCowe ------ - - - - -- Robe I, .Jr. City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Finance Robyn Schon, General Manager, Berglund Center X G IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of October, 2018. No. 41287 - 101518. AN ORDINANCE to appropriate funding from Commonwealth grants for various educational programs, amending and reordaining certain sections of the 2018 -2019 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 2018 -2019 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Professional Services 302 - 140 - 0000 - 0390 - 328N - 61210 - 43313 - 3 - 01 $ 1,087 Professional Services 302 - 140 - 0000 - 0400 - 328N - 61210 - 43313 - 3 - 01 1,086 Revenues State Grant Receipts 302 - 000 - 0000 - 0000 - 328N - 00000 - 32464 - 0 - 00 $ 2,173 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: L42 '- \r" .); City Clerk. (�dsOlwh 01 -130 iii:: ROANOKE CITY PUBLIC SCHOOLS Strong Students. Strong Schoots. Strong City. October 15, 2018 School Board On behalf of the School Board, thank you for your consideration. Sincerely, Cindy H. Poulton School Board Clerk pc: Dan Callaghan Rita D. Bishop Bob Cowell Kathleen Jackson Amelia Merchant Holli Salyers (w /details) Annette Lewis www.rcps.info p: 540.853.2381 f: 540.853.2951 P.O. Box 13145 Roanoke VA 24031 Annette Lewis Chairman The Honorable Sherman P. Lea, Sr., Mayor and Members of Roanoke City Council Mark K. Cathey Vice Chairman Roanoke, VA 24011 William B. Hopkins, Jr. Dear Members of Council: Elizabeth C. S. Jamison Laura D. Rottenborn As a result of official School Board action on Tuesday, October 9, Lutheria H. Smith 2018, the Board respectfully requests that City Council approve the Dick Willis following appropriation request: Dr. Rita D. Bishop New Appropriation Award Superintendent Cindy H. Poulton GEAR -UP Virginia (GUV) Award - CyberSecurity Camp Clerk of the Board 2018 -19 $21173.28 On behalf of the School Board, thank you for your consideration. Sincerely, Cindy H. Poulton School Board Clerk pc: Dan Callaghan Rita D. Bishop Bob Cowell Kathleen Jackson Amelia Merchant Holli Salyers (w /details) Annette Lewis www.rcps.info p: 540.853.2381 f: 540.853.2951 P.O. Box 13145 Roanoke VA 24031 *t3. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: October 15, 2018 Subject: School Board Appropriation Request Background: As the result of official Roanoke City School Board action at its October 9, 2018 meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. The 2018 -19 GEAR -UP Virginia - Cyber Security Camp grant award of $2,173 provides funds to allow students to explore techniques used to fight cyber criminals through forensics and problem solving. This award will be reimbursed by State funds and covers expenditures through August 30, 2018. Recommended Action: We recommend that Council concur with this report of the School Board and adopt the attached bud a stablish revenue estimates and to appropriate funding as outlined. obert . Cowe , Jr. City Manager Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS Dan Lyons, Assistant Superintendent for Operations, RCPS Kathleen M. Jackson, Chief Financial Officer, RCPS Amelia C. Merchant, Director of Finance STEPIIANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail clerk�q)roanokeva.gov October 16, 2018 Carol Fuller 4641 Heather Drive, S. W., Unit 103 Roanoke, Virginia 24018 Dear Ms. Fuller: CECELIA F. MCCOY Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk I am enclosing ceremonial copy of Resolution No. 41288 - 101518 memorializing the late Dr. Charles Grantland Fuller, a long -time Roanoke resident and pastor of First Baptist Church for 38 years. On behalf of the Mayor and Members of Roanoke City Council, I wish to express our sincerest condolences and deepest regret at the passing of your loved one, Dr. Charles G. Fuller, who has left an indelible legacy to Roanoke and its citizens. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 15, 2018. Sincerely, 'ro ' �' 4�0 tj J Stephanie M. Moon Reynolds, M, C City Clerk Enclosure Avur IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of October, 2018. No. 41288- 101518. A RESOLUTION memorializing the late Dr. Charles Grantland Fuller, a long -time Roanoke resident and pastor of First Baptist Church for 38 years. WHEREAS, the members of Council learned with sorrow of the passing of Dr. Fuller on Saturday, July 28, 2018; WHEREAS, Dr. Fuller was born on September 29, 1931, in Andalusia, Alabama; WHEREAS, Dr. Fuller graduated from Fork Union Military Academy, earned Bachelor of Arts and Bachelor of Divinity degrees from the University of Richmond and Southwestern Baptist Theological Seminary in Fort Worth, Texas, respectively, and received honorary degrees from all three institutions; WHEREAS, Dr. Fuller was a Southern Baptist pastor for 43 years, 38 of which were at Roanoke's First Baptist Church; WHEREAS, when called to First Baptist in 1961, Dr. Fuller efforts to stimulate the congregation's downtown ministry augmented the congregation from 2,000 members to 6,000 members during his tenure and established one of the largest Baptist churches in the Roanoke Valley; WHEREAS, Dr. Fuller expanded his ministry by creating his signature "God's Minute" sermons that were shared with audiences across Southwest and Central Virginia through television and radio programming in the 1970's, 80's, and 90's; WHEREAS, Dr. Fuller served as President of the Virginia Baptist State Convention and as Chairman of numerous boards associated with the Southern Baptist Convention, including the Southern Baptist North American Mission Board and the Radio and Television Commission; WHEREAS, Dr. Fuller, a statesman in Southern Baptist life, served on the Peace Committee of the Southern Baptist Convention in the 1980's and worked to reconcile differences between conservative and liberal factions within the denomination and culminated his efforts by preaching the Convention Sermon in 1985 to the largest Southern Baptist Convention annual meeting; WHEREAS, following his retirement as pastor in 1999, Dr. Fuller continued his ministries through his writing, website, and preaching; WHEREAS, Dr. Fuller worked with "Answering the Call," an international ministry established by his son, and continued his active community service by serving as a board member for Fork Union Military Academy; and WHEREAS, Dr. Fuller will long be warmly remembered as a kind, giving, and caring man who loved his family and his community. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Dr. Charles Grantland Fuller, extending to his family its sincerest condolences, and recognizing the indelible legacy he left to Roanoke and his fellow citizens. 2. The City Clerk is directed to forward an attested copy of this resolution to Dr. Fuller's widow, Carol, of Roanoke. ATT ST: &440, �-�n - City Clerk. WYI 0, STEPIIANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk(uroanokeva.gov October 17, 2018 Xavier Duckett 1651 Garstland Drive, N. W. Roanoke, Virginia 24017 Dear Mr. Duckett: CECELIA F. MCCOY Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk I am enclosing copy of Resolution No. 41289 - 101518 appointing you as a Director of the Board of Directors of the Economic Development Authority of the City of Roanoke to replace A. Damon Williams for a four -year term of office, commencing October 21, 2018 and ending October 20, 2022. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, October 15, 2018. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which must be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in 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 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. Xavier Duckett October 17, 2018 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 ReynotdMMf 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of October, 2018. No. 41289- 101518. A RESOLUTION appointing a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke, Virginia. WHEREAS, the Council is advised that there is a vacancy in the position of a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke, Virginia; and WHEREAS, Section 15.2 -4904, Code of Virginia (1950), as amended, provides that appointments made by the governing body of such Directors shall be made for terms of four (4) years. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Xavier Duckett is hereby appointed as a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke, Virginia, for a term commencing October 21, 2018, and expiring October 20, 2022. K: \Measures \eda appointment Xavier Duckett 10 18.doc ATTEST: 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 fourth day of October 2018, XAVIER DUCKETT was appointed as a Director of the Economic Development Authority of the City of Roanoke to replace A. Damon Williams for a four -year term of office, commencing October 21, 2018 and ending October 20, 2022. Given under my hand and the Seal of the City of Roanoke this seventeenth day of October 2018. City Clerk w` �0 , IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of October, 2018. No. 41290 - 101518. A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Meeting of the NLC City Summit (formerly National League of Cities Congress of Cities and Exposition). BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Honorable Djuna L. Osborne, Council Member, is hereby designated Voting Delegate on behalf of the City of Roanoke, Virginia, for the Business Meeting for the Annual NLC City Summit to be held on Saturday, November 10, 2018, in Los Angeles, California. 2. The Honorable Joseph L. Cobb, Vice -Mayor and Council Member, is hereby designated Alternate Voting Delegate on behalf of the City of Roanoke, Virginia, for the Business Meeting for the Annual NLC City Summit to be held on Saturday, November 10, 2018, in Los Angeles, California. 3. The City Clerk is directed to take any action required by the NLC with respect to certification of the City's official Voting Delegate and Alternate Voting Delegate. ATTEST: City C _a �n • &M 4$--- Jerk. STEPHANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 F -mail• elerk�h)roanokeva.gov October 18, 2018 The Reverend Dustin T. Stradley, Campus Pastor Elevation Church Roanoke 2767 Torndale Street, S. W. Roanoke, Virginia 24015 Dear Pastor Stradley: CECELIA F. MCCOY Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk On behalf of the Mayor and Members of the Roanoke City Council, I would like to express sincere appreciation to you for delivering the Invocation at the regular meeting of the Roanoke City Council, which was held on Monday, October 15, 2018. It was a pleasure meeting you and look forward to having you return to deliver invocations at future Council meetings. Sincerely, SMR:aa S'ITEMIANIF M, MOON REYNOLDS, N1M( C'iIv ('Ivrk CITY OF ROANOKE OFFICE OFT HE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E' mail derk(a roanokeva.gov CECELIA F. NICCOY Deputy City Clerk CECGLIA T. WF.BB, CN1C Assistant Deputy City Clerk October 17, 2018 Michael Woolwine Hughes Associates Architects & Engineers 656 Elm Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Woolwine: I am enclosing copy of Ordinance No. 41291 - 101518 rezoning certain property located at 4221 Melrose Avenue, N. W., from CG, Commercial - General District, to IN, Institutional District, as set forth in the Original Zoning Amendment Application dated August 27, 2018. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, October 15, 2018, and is in effect upon passage. Sincerely, Stephanie M. Moon Reyno Is, Mkt City Clerk Enclosure Michael Woolwine October 17, 2018 Page 2 pc: The Reverend Thomas Brown, Associate Pastor, New Century Community Church, Inc., P. O. Box 6187, Roanoke, Virginia 24017 M & W Properties 1348 Lakewood Drive, S. W., Roanoke, Virginia 24015 Roanoke Salem Business Center, LLC, 3330 Hollins Road, N. E., Suite A, Roanoke, Virginia 24012 Exchangeright Net Leased Portfolio 4, P. O. Box 60308,Pasadena, California 91116 The Honorable Brenda Hamilton, Clerk of the Circuit Court Robert S. Cowell, Jr., City Manager R. Brian Townsend, Assistant City Manager for Community Development Chris Chittum, Director, Planning, Building, and Development Katharine Gray, Land Use and Urban Design Planner Luke Pugh, City Engineer Amelia C. Merchant, Director of Finance Susan Lower, Director of Real Estate Valuation Daniel J. Callaghan, City Attorney Timothy Spencer, Senior City Attorney Tina Carr, Secretary, City Planning Commission Gs IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of October, 2018. No. 41291 - 101518. AN ORDINANCE to rezone certain property located at 4221 Melrose Avenue N.W., from CG, Commercial - General District, to IN, Institutional District; and dispensing with the second reading of this ordinance by title. WHEREAS, Thomas Brown, on behalf of New Century Community Church, Inc., has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to have the property located at 4221 Melrose Avenue N.W., bearing Official Tax Map No. 2762801, rezoned from CG, Commercial- General District, to IN, Institutional District; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public 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 October 15, 2018, 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 reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Map No. 2762801, located at 4221 Melrose Avenue N.W., be and is hereby rezoned from CG, Commercial - General District, to IN, Institutional District, as set forth in the Original Zoning Amendment Application dated August 27, 2018. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. Rezone without proffers - 4221 Melrose.doc .�. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: October 15, 2018 Subject: New Century Community Church Inc. requests to rezone property located at 4221 Melrose Avenue, N.W., Official Tax Map No. 2762801, from CG, Commercial - General District, to IN, Institutional District. Summary: The Planning Commission held a public hearing on Monday, October 08, 2018. By a vote of 6 - 0, with Commissioner Atwood absent, the Commission recommended approval of the rezoning request, finding that the application is consistent with the City's Comprehensive Plan, Peters Creek North Neighborhood Plan, and Zoning Ordinance as the subject property will be developed and used in a manner appropriate to the surrounding area. Application Information: Request: Applicant /Owner: Agent: City Staff Person: Address: Official Tax Nos.: Site Area: Relevant Plans: Proposed Land Use: Future Land Use: Filing Date: Background: Rezoning Thomas Brown, New Century Community Church, Inc. Mike Woolwine, Hughes Associates Architects & Engineers Katharine Gray, Land Use and Urban Design Planner 4221 Melrose Avenue, N.W. 2762801 +/- 0.2655 acres Peters Creek North Neighborhood Plan Place of Worship Commercial Original Application: August 27, 2018 New Century Community operates a place of worship adjacent to the subject parcel. The church purchased the subject parcel in 2013 with the intention of renovating it for a youth education center. The fa4ade requirements of the CG, Commercial - General District, regulations do not allow the building to be renovated as they desire. The existing building has a storefront that is largely open and the current CG zoning requires that 50% fa4ade transparency be maintained. The proposed youth education center includes a stage at the front of the building and the church proposes to reduce the amount of transparency below the 50% required by the current zoning. Therefore, the applicant wishes to amend the zoning to IN, Institutional District. Proposed Use /Development: The proposed use of the property is a place of worship. The floor plan submitted with the application shows a large reduction in glazing proposed for the front of the building. The proposed IN District requires only 15 percent fa4ade transparency in an arrangement with no more than 20ft of the building facing the street without the transparency. The proposed plan retains the general storefront characteristics (recessed storefront within the building frame) that are shared by this and two adjacent buildings. The rezoning would allow the applicant to provide a solid wall in front of the stage area in the youth center. Considerations: Compatibility with Surrounding Land Uses: The property is located on the Melrose Avenue corridor across from the Roanoke Salem Business Center. It is surrounded by CG, Commercial - General District, property to the south and west and IN, Institutional District, property to the north and east as shown on the Zoning Map Excerpt enclosed as Attachment A. The future land use map from the Peters Creek North Neighborhood Plan envisioned this entire portion of this corridor as commercial. The adjacent buildings on Melrose are similarly sized commercial buildings, situated close to the street with large, recessed glass store fronts. Institutional uses are not specifically denoted on the future land use map with the understanding that institutional uses (e.g., schools, places of worship, etc.) are appropriate to be distributed throughout the neighborhood. A place of worship and associated accessory uses (youth education center) are permitted in both the CG and IN district. In this case the proposed rezoning relates more to the design of the building (fa4ade transparency) than the use of the building. While the floor plan of the building is not proffered, it does maintain the existing recessed storefront and pattern of the adjacent buildings. It would simply have less transparency. 2 Applicability/ADDroariateness of Proposed Zonina District: The proposed IN District allows the church to include all of the property under one contiguous zoning district. This allows flexibility in the property development regarding glazing and future connections between buildings. The existing outdoor advertising sign will become a nonconforming use. Availability of Other Property: The subject property is part of the applicant's existing campus. The rezoning is related to design elements and not use. Consistency with Comprehensive Plan: Both Vision 2001 -2020 and the Peters Creek North Neighborhood Plan recognize that community places of worship are an important cornerstone of any community and are sprinkled throughout our community. Policy /Action Plan I Applicability to matter Building location and design should Comprehensive The amendment proposes a be considered as important elements Plan', pg. 95 reduction in glazing on the of the streetscape and should be primary street - facing facade used to define the street corridor as within the regulations a public place, especially at major allowed in the IN District. intersections. However, the proposed floor plan retains the overall storefront pattern shared by this building and the adjacent commercial structures. Roanoke's neighborhoods will be Peters Creek The property will be more than just places to live; they North developed for an will be the nucleus for civic life. Neighborhood institutional use meeting Their local village centers serve as Plan Z, pg. 2 the needs of the vibrant and accessible places for surrounding community. business, community services, and activities, including higher density housing clusters. Encourage mixed uses to improve Peters Creek The rezoning to IN District vitality and continuous use of North allows the applicant to commercial areas. Neighborhood move forward with their Plan, pg. 30 preferred design and bring life to the area by Vision 2001 -2020, City of Roanoke, 2001 z Peters Creek North Neighborhood Plan, City of Roanoke 2002 3 Policy /Action I Plan Applicability to matter expanding their use into a building that has been vacant for some time. Comments on Application: Planning Commission Work Session: The item was discussed in the Planning Commission Work Session for compliance with City policy and ordinances. No substantive comments resulted from the review of the proposed rezoning. Interdepartmental Comments: General comments were provided from the Fire Marshal's Office and Planning Building and Development related to the change of use, flood plain compliance and other zoning items. There is an outdoor advertising sign (billboard) that will become a nonconforming use with the rezoning. Public Comments: None received. Planning Commission Public Hearing: No members of the pubic were present to speak on this application. Conclusions and Recommendations: Planning Commission recommends approval as the proposed rezoning facilitates the expansion of an existing place of worship. The proposed change in zoning will consolidate the applicant's property in a single zoning district which is advantageous for their long -term use. While the proposed rezoning would reduce the amount of fa4ade glazing required on the building on the subject property, that applicant's plan retains the basic store front shape that is shared by adjacent buildings and retains consistency on the street. James E. Smith Chair /t;KC_ J , City Planning Commission Enclosure: Attachment A, Zoning District Map M Distribution: 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 Timothy R. Spencer, Senior Assistant City Attorney Thomas Brown, New Century Community Church, Inc. Mike Woolwine, Hughes Associates Architects & Engineers 5 MEOW 1.00 '1 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: August 27, 2018 1 Request (select all that apply): RECEIVED AUG 2 7 2018 ROANOKE Click Here to Print CITY OF ROANOKE PLANNING BUILDING & Submittal Number: OriginR f *WpVtiEfon x❑ Rezoning, Not Otherwise Listed ❑ Rezoning, Conditional ❑ Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District Property Information: ❑ Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District Address: 4221 Melrose Avenue NW Official Tax No(s).: 2762801 Existing Base Zoning: ❑With Conditions CG, Commercial - General (If multiple zones, please manually enter all districts.) Without Conditions Ordinance No(s). for Existing Conditions (If applicable): ❑ With Conditions Proposed Requested Zoning: IN, Institutional x❑ Without Conditions Land Use: Property Owner Information: Place of Worship Name: New Century Community Church Inc. (Thomas Brown) Phone Number: +1 (540) 366 -6111 Address: P.O. Box 6187 Roanoke, VA 240177 E -Mail: thrown @roanokechurch.net , Property Owner's Signature: Applicant Information (If dMr*nt frjwymmgwh Name: New Century Community Church Inc. (Thomas Brown) 1 Phone Number: +1 (540) 366 -6111 Address: P.O. Box 6187 Roanoke, VA 24017 E -Mail: thrown @roanokechurch.net 14/D Applicant's Signature: Authorized Agent - Information (H applicable): Name: Hughes Associates Architects & Engineers (Mike Woolwine) Phone Number: +1 (540) 342 -4002 Address: 656 AvenueW Roanoke, VA 24016 r\ 1 < <. � E -Mail: mwoolwine @hughesae.com Authorized Agent's Signature: The following must be submitted for all applications: ix Completed application form and checklist. ix Written narrative explaining the reason for the request. V Metes and bounds description, if applicable. V 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 conditional rezoning, the following must also be submitted r- proffers. See the City's Guide to Proffered Conditions. 1.00 1 ROANOKE 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 developmenk the following must also be submitted: (— 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 item '2(c)' in Zoning Amendment Procedures, r 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: F Amended development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. F opy of previously adopted Ordinance. For a comprehensive sign overlay amendment, the following must also be submitted: F mended comprehensive signage plan meeting the requirements of Section 36.2- 336(d) of the City's Zoning Ordinance. I— Copy of previously adopted Ordinance. Fora proposal that regoires 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 City's Zoning Ordinance. Fora proposal that requires a traffic impact analysis be submitted to'VDOT the following must also be submitted: F over sheet. F Traffic impact analysis. • Concept plan. • Proffered conditions, if applicable. • 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. HUGHES ASSOCIATES ARCHITECTS & ENGINEERS New Century Community Church 4224 Melrose Avenue NW Roanoke, Virginia Tax Parcel 2762801 August 20, 2018 Narrative New Century Community Church is requesting a favorable response and approval from Roanoke City Council for a Zoning Amendment to Tax Parcel 2762801, currently zoned CG (Commercial - General) to rezone the parcel to IN (Institutional). The parcel has been owned by the church since 2003 and is contiguous to the church's main campus, which is a separate parcel, zoned IN. The approval of the rezoning would allow for all of the church's facilities to be under one consistent zoning designation. A place of worship use is permitted by right in the IN zoning. Tax Parcel 2762801 is located along the north side of Melrose Avenue approximately 430' east of Peters Creek Road and consists of approximately 0.27 acres. Located on the site is a + /- 3,600sf. building. The building is cinder block with storefront windows and a glass front door. The face of the building is located 21ft. from the right of way of Melrose Avenue. Multiple business uses have been located in this building, however, it's currently vacant and has been for some time. Adjoining properties are zoned CG (Commercial - General) to the south and west and IN (Institutional) to the north and east. The property to the north and east is the church's main campus property. The main campus is approximately 1.56 acres and houses their 16,000sf. worship facility. This facility is located approximately 45' north of the existing building located on Tax Parcel 2762801. The reasons for the rezoning request include; transparency requirements are reduced from 50% in CG zoning to 15% in IN zoning, and all the church's properties will be under a single zoning designation allowing for ease of future building connections to the existing worship facility. Reducing the transparency requirements is important in that the church plans to repurpose the 3,600sf. building to be used as a youth center complete with a stage and worship center. This particular use is best utilized when transparency and light intrusion are minimized. The existing worship facility is located approximately 40' north of the proposed youth center, therefore, connecting the two buildings is a viable option. Providing this connection is a significant security amenity particularly understanding that connector will primarily be used as a pathway for the teenagers. Having one contiguous zoning designation allows for continuity between the two connected facilities, creating less ambiguity in terms of meeting building and zoning codes, than would split zoning. 656 ELM AVENUE, SW I ROANOKE, VIRGINIA 24016 1 TEL.: 540 342.4002 1 WWW.HUGHESAE.COM L IRIS PLAT WAS PREPARED WHOUT INE BENEFIT OF A CURRENT RILE REPORT BY A UCENSED ATnW*Y. 1NEW MAY D0ST ENCUMBRANCES WHICH AFFECT IHE PROPERTY NOT SHONN HEREON. 2 THE MSZCT PROPERTY LIES HUNAN FLOODWAY ZONE 'AE' AS SIiOWN ON 7W FEMA FLOOD INSURANCE RATE MAP PANEL Na 51161C01424, DAZED SEPIEMISER 2$ 2007 .I LEGAL REFM&WES • JNSIRUMENT Na 120000697 (WILL BOOK) ; • M.B. 1, Pa 2792 Q • MAP OF WEST PARK, P.R. 1, Pa 327 PK/!5 CH. LANK FNC FACE BLDG ON f ---% N Ix 2 ►►► mizm 8' BLOCK WALL BJT PWT—� OF JMCE , AGEE INSTRUMENT Na 120000697 TAXNoNo. 2762801 .I 1.00' FACE BLDG ON � Px AT 3aoo' 40.0' 0 8' N BLOCK WALL r• J 85.82 (ACTUAL) 0& 00 (DEW) Ar. ' LS,A' 00'W 23829 TO P.I. WITH CWER STREET. N.W! AfEU?0 W A W]" N.W. 112' R/W PK/P °1 • N Oct 5d� �ZN p S N LEGM BIT BIIu mus BLDG BL l mvG k CY CHAIN CONC CONCRETE FNC FENCE PF IRON PIN FOUND MV/r MASOWY NAIL tuuNu P.I. SrO RY Z 1 STORY ONDED PK NAIL FOUND ONDER BLOCK BLOCK P T BLDG 10 \ oo PROPERTY LOVE 21 10 142 04 �4.T0t 5` STY 10 S/W SIDEWALK 1.00' FACE BLDG ON � Px AT 3aoo' 40.0' 0 8' N BLOCK WALL r• J 85.82 (ACTUAL) 0& 00 (DEW) Ar. ' LS,A' 00'W 23829 TO P.I. WITH CWER STREET. N.W! AfEU?0 W A W]" N.W. 112' R/W PK/P °1 • N Oct 5d� �ZN p S N LEGM BIT BIIu mus BLDG BL l mvG k CY CHAIN CONC CONCRETE FNC FENCE PF IRON PIN FOUND MV/r MASOWY NAIL MN/P PHYSICAL IMPROVEMENT SURVEY FOR NEW CENTURY CODIMUNITY CHURCH INC. SHONING A a2665 ACRE PARCEL SIn #A7£ 4221 kUROSiE AWRAJE; N. W. MANO & WRGWA TAX NO. 2762801 �C WA DRAM aH CALDWELL WHITE ASSOCIATES ScAL 1 "= 20' CALL: QLH / sURWYOM 1 X%ANN� DAIS: dlLY 1$ 2013 CLOSED: CLH "O° a' -saoid °o O°°O W.a: 13 --0064 OWDD. FBC N a: CN -5 tuuNu P.I. PONT OF AVIEWC17ON PK NAIL FOUND PK PK PK NAIL SET P T PAWWENT ¢ PROPERTY LOVE RICH OF WAY 5` STY STORY S/W SIDEWALK MN/P PHYSICAL IMPROVEMENT SURVEY FOR NEW CENTURY CODIMUNITY CHURCH INC. SHONING A a2665 ACRE PARCEL SIn #A7£ 4221 kUROSiE AWRAJE; N. W. MANO & WRGWA TAX NO. 2762801 �C WA DRAM aH CALDWELL WHITE ASSOCIATES ScAL 1 "= 20' CALL: QLH / sURWYOM 1 X%ANN� DAIS: dlLY 1$ 2013 CLOSED: CLH "O° a' -saoid °o O°°O W.a: 13 --0064 OWDD. FBC N a: CN -5 01.1111-1 ,o,. / f f Zt7NINU f AMEAENT PARCEL r TAX # 2762801 n; FLOOD MAP N Rezoning Amendment for New Century Community Ch u r c h SITE MAP Comm. No. 13038 4221 Melrose Ave. NW August 20, 2018 01.1111-1 ,o,. � �TM J■ slrt�s eoe I _' ' ESABKGT AMpgI.4r4Ne It 0✓L000N 6AMe Nw u kTMrt u • �6gO�wcLw4A�w -- F (�0 O EL G06TE+6 LIIRtDiK E]OTE* ►AEt." PROPOSED FLOOR PLAN Rezoning Amendment for New Century Community Church 4221 Melrose Ave. NW 9 HUGHES ASSOCIATES ARCHITECTS & ENGINEERS 656 ELM AVENUE SW I ROANOKE, VIRGINIA 34016 540.14i.4003 www.NU {hs+AE.com Comm. No. 13038 August 20, 2018 ZONING DISTRICT MAP 4221 Melrose Avenue NW Official Tax Parcels: 2762801 ®Area to be Rezoned Zoning AD: Airport Dev - CG: Commercial - General - CLS: Commercial -Large Site CN: Commercial- Neighborhood - D: Downtown ® 1 -1: Light Industrial ® 1 -2: Heavy Industrial - IN: Institutional INPUD: Institutional Planned Unit Dev - IPUD: Industrial Planned Unit Dev MX: Mixed Use Q MXPUD: Mixed Use Planned Unit Dev R -12: Res Single - Family R -3: Res Single - Family R -5: Res Single - Family 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 N W 0 100 200 Feet E S R-7: � Res Sin le -Fam il o 092;�- N �. hry, o 2?;0 9 28 N g \N R am `o 4 o, ' -.., °. "k-NT A ii.. 04 O N' ". N cow pry o. ry C0 ^cp € p N rye, AVE ry Adjoining Property Owners for 4221 Melrose Avenue, N.W. (Official Tax Map No. 2762801) TAXID MailAddress MailCity State Zip LocalAddress LocalCity Zip Ownerl 2760902 1348 LAKEWOOD DR SW ROANOKE VA 24015 4305 MELROSE AVE NW ROANOKE 24017 M & W PROPERTIES 2760904 1348 LAKEWOOD DR SW ROANOKE VA 24015 4301 MELROSE AVE NW ROANOKE 24017 M & W PROPERTIES 2761104 PO BOX 6187 ROANOKE VA 24017 4215 MELROSE AVE NW ROANOKE 24017 NEW CENTURY COMMUNITY CHURCH INC 2761701 3330 HOLLINS RD NE STE A ROANOKE VA 24012 4142 MELROSE AVE NW ROANOKE 24017 ROANOKE SALEM BUSINESS CENTER LLC 2761701 3330 HOLLINS RD NE STE A ROANOKE VA 24012 4142 MELROSE AVE NW ROANOKE 24017 ROANOKE SALEM BUSINESS CENTER LLC 2761701 3330 HOLLINS RD NE STE A ROANOKE VA 24012 4142 MELROSE AVE NW ROANOKE 24017 ROANOKE SALEM BUSINESS CENTER LLC 2761701 3330 HOLLINS RD NE STE A ROANOKE VA 124012 4142 MELROSE AVE NW ROANOKE 24017 ROANOKE SALEM BUSINESS CENTER LLC 2761701 3330 HOLLINS RD NE STE A ROANOKE VA 24012 4142 MELROSE AVE NW ROANOKE 24017 ROANOKE SALEM BUSINESS CENTER LLC 2761703 PO BOX 60308 PASADENA CA 91116 4160 MELROSE AVE NW ROANOKE 24017 EXCHANGERIGHT NET LEASED PORTFOLIO 4 2762801 PO BOX 6187 ROANOKE VA 24017 4221 MELROSE AVE NW ROANOKE 24017 NEW CENTURY COMMUNITY CHURCH INC The Roanoke Times Roanoke, Virginia Affidavit of Publication CITY OF ROANOKE - PDV Attn Tina Carr STEPHANIE MOON. CITY CLERK 215 CHURCH AVE, SW SUITE 456 ROANOKE VA 24011 Account Number 6011439 Date � I October 02, 2018 Date Category Description Ad Size Total Cost 10/08/2018 Legal Notices PUBLIC HEARING NOTICE An public hearings advertised her 1 x 133 L 1,282.96 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 An was published in said newspapers on the following dates: 09/25. 10/02/2018 The First insertion being given ... 09/25/2018 Newspaper reference: 0000824985 - . - rtc" i l Billing Representative Sworn to and subscribed before me this Tuesday, October 2, 2018 c l 44dary Puby�c �' °4 ►• %,Y�rrr,J�` � ` tin .��rF`'.,, � l� State of Virginia ,� " ,`• �,� �7OTARY City /County of Roanoke w >` , PU.SL;C My Commission expires REG. r�3329,64 My COMM(SSlora ••• "IR�-... THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU rrrrr.►►► ►. Tina M. Carr, Secretary, City Planning Commission 118 OCT- 3 pml l :3 City Council will hold a public hearing on the aforesaid applications on PUBLIC HEARING NOTICE October ea er 2018, s the 7:00 p.m., or be as soon thereafter as the matters may be heard, in the City Council Chamber, An public hearings advertised herein fourth floor, Room 450, Noel C. Taylor will be held in the City Council Municipal Building, 215 Church Avenue, Chamber, fourth floor, Room 450, Noel S.W , Roanoke, Virginia. C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Any person with a disability requiring Virginia. Any applications will be any special accommodation to attend available for review in Planning, or participate in the public hearings Building, & Development, first floor, should contact the City Clerk's office at Roam 170, 215 Church Avenue, S.K. (540) 853.2541 at least five days prior Roanoke. Virginia. to the scheduled public hearings. The City of Roanoke Planning Stephanie M. Moon Reynolds, MMC, Commission will hold a public hearing City Clerk on October 8, 2018, at 1:30 p.m., or as soon thereafter as the matters may be The City of Roanoke Board of Zoning heard, to consider these applications: Appeals will hold public hearings on October 10, 2018, at 1:00 p.m., or as New Century Community Church Inc. soon thereafter as the matters may be requests to rezone property located at heard, to consider these applications: 4221 Melrose Avenue, N.W., Official Tax Map No. 2762801, from CG, Commercial- Application by Galt Properties, LLC, for General District, to IN, Institutional property located at 319 Mountain District. Approval of this rezoning Avenue, S.W., bearing Official Tax Map application from CG, Commercial- No. 1020812, for a special exception General District, to IN, Institutional pursuant to Section 36.2 -315, Zoning, District, would allow for all of the Code of the City of Roanoke (1979), as rhurch's facilities to be under one amended, to establish a short -term consistent zoning designation. The rental. land use categories permitted in IN include accommodations and group Application from Layman Memorial living; commercial; assembly and Baptist Church for property located at entertainment: public, institutional and 1336. 1402, 0, and 0 Peters Creek Road, community facilities; transportation. N.W., bearing Official Tax Map Nos, utility: agricultural; and accessory, 2770201. 2770109, 2770110, and with no maximum density specified 2770111, respectively, for a special and no maximum floor area ratio. The exception pursuant to Section 36.2 -333, city's comprehensive plan designates Zoning, Code of the City of Roanoke the property for commercial use. (1979), as amended, to change a nonconforming use in the floodway A request by the City of Roanoke to (eating establishment) to another use consider an amendment to Vision 2001- not generally permitted in the 2020, the city's comprehensive plan. to floodway (place of worship) on the vacate the public use of a portion of property. Preston Park and to release the public's right to use such portion of Donna M. Payne, Secretary, City Board Preston Park to allow the construction, of Zoning Appeals operation, and maintenance of a wireless telecommunications facility to (824985' allow a temporary change of use of public property for the term of the lease agreement on leased property, being a portion of city-owned property located at 3137 Preston Avenue, N.W, being Official Tax Map No. 2100601. A request by the City of Roanoke to consider an amendment to Vision 2001 2020, the city's comprehensive plan, to vacate the public use of a portion of Fallon Park and to release the public's right to use such portion of Fallon Park to allow the construction, operation, and maintenance of a wireless telecommunications facility to allow a temporary change of use of public property for the term of the lease agreement on leased property, being a portion of city-owned property located at 502 19th Street, S.E., bearing Official Tax Map No. 4310101. Tina M. Carr, Secretary, City Planning Commission 118 OCT- 3 pml l :3 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 Planning, Building, & Development, first floor, Room 170, 215 Church Avenue, S.W., Roanoke, Virginia. The City of Roanoke Planning Commission will hold a public hearing on October 8, 2018, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider these applications: New Century Community Church Inc. requests to rezone property located at 4221 Melrose Avenue, N.W., Official Tax Map No. 2762801, from CG, Commercial - General District, to IN, Institutional District. Approval of this rezoning application from CG, Commercial - General District, to IN, Institutional District, would allow for all of the church's facilities to be under one consistent zoning designation. The land use categories permitted in IN include accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with no maximum density specified and no maximum floor area ratio. The city's comprehensive plan designates the property for commercial use. A request by the City of Roanoke to consider an amendment to Vision 2001 -2020, the city's comprehensive plan, to vacate the public use of a portion of Preston Park and to release the public's right to use such portion of Preston Park to allow the construction, operation, and maintenance of a wireless telecommunications facility to allow a temporary change of use of public property for the term of the lease agreement on leased property, being a portion of city - owned property located at 3137 Preston Avenue, N.W., being Official Tax Map No. 2100601. A request by the City of Roanoke to consider an amendment to Vision 2001 -2020, the city's comprehensive plan, to vacate the public use of a portion of Fallon Park and to release the public's right to use such portion of Fallon Park to allow the construction, operation, and maintenance of a wireless telecommunications facility to allow a temporary change of use of public property for the term of the lease agreement on leased property, being a portion of city - owned property located at 502 19th Street, S.E., bearing Official Tax Map No. 4310101. Tina M. Carr, Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid applications on October 15, 2018, at 7:00 p.m., or as soon thereafter as the matters may be heard, in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Any person with a disability requiring any special accommodation to attend or participate in the public hearings should contact the City Clerk's office at (540) 853 -2541 at least five days prior to the scheduled public hearings. Stephanie M. Moon Reynolds, MMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold public hearings on October 10, 2018, at 1:00 p.m., or as soon thereafter as the matters may be heard, to consider these applications: Application by Galt Properties, LLC, for property located at 319 Mountain Avenue, S.W., bearing Official Tax Map No. 1020812, for a special exception pursuant to Section 36.2 -315, Zoning, Code of the City of Roanoke (1979), as amended, to establish a short-term rental. Application from Layman Memorial Baptist Church for property located at 1336, 1402, 0, and 0 Peters Creek Road, N.W., bearing Official Tax Map Nos. 2770201, 2770109, 2770110, and 2770111, respectively, for a special exception pursuant to Section 36.2 -333, Zoning, Code of the City of Roanoke (1979), as amended, to change a nonconforming use in the floodway (eating establishment) to another use not generally permitted in the floodway (place of worship) on the property. Donna M. Payne, Secretary, City Board of Zoning Appeals Please publish in newspaper on Tuesday, September 25, 2018, and Tuesday, October 2, 2018. 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.carrCir,roanokeva.gov Donna M. Payne Secretary to the Board of Zoning Appeals Planning, Building, & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 166 Roanoke, VA 24011 540/853 -1730 donna.payneL(t roanokeva.gov Please send affidavit of publication to: Stephanie M. Moon Reynolds, MMC, City Clerk 215 Church Avenue, S.W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011 -1536 540/853 -2541 STEPHANIE M. MOON REYNOLDS, MM( City Clerk CIrI'Y OF ROANOKE OFFICE OF Tim CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540)853 -1145 E-mail: clerk(n roauokeva.gov October 1, 2018 Mike Woolwine Hughes Associates Architects & Engineers 656 Elm Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Woolwine: CECEL.IA F. MCCOY Deputy City Clerk CECEL,IA T. WEBB, CMC. Assistant Depute City Clerk A public hearing has been advertised to be heard by the City Planning Commission on Monday, October 8, 2018 at 1:30 p.m., in the EOC Conference Room, Room 159, First Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of New Century Community Church Inc. to rezone property located at 4221 Melrose Avenue, N. W. from Commercial - General District to Institutional 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, October 15 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 October 8. 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, 044 �-� Cecelia F. McCoy Deputy City Clerk Enclosure c: The Reverend Thomas Brown, Associate Pastor, New Century Community Church, Inc., P. O. Box 6187, Roanoke, Virginia 24017 S LFPILANIE: N9. MOON REYNOLDS, NINIC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: derk(ri roanokeva.gov October 1, 2018 M & W Properties Roanoke Salem Business Center, LLC Exchangeright Net Leased Portfolio 4 Ladies and Gentlemen: CECEL.IA F. N1C'COY Deputy City Clerk CECF.L.IA T. NVE13E1, CMC Assistant Deput. City Clerk A public hearing has been advertised to be heard by the City Planning Commission on Monday, October 8, 2018 at 1:30 p.m., in the EOC Conference Room, Room 159, First Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of New Century Community Church Inc. to rezone property located at 4221 Melrose Avenue, N. W. from Commercial - General District to Institutional 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, October 15 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 October 8. 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, Cecelia F. McCoy Deputy City Clerk Enclosure 99te (7 SLENIANIE M. MOON REVNOLDS, MM( City Clerk CITY OF ROANOKE OFFICE OF'i'HE CITY 0,ERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fas: (540) 853 -1145 E-mail: elerk(h roanokeva.gov October 17, 2018 Adjoining Property Owners and Interested Parties Roanoke, Virginia Ladies and Gentlemen: CECla.lA 1". MCCON, Deputy Cite Clerk CL.CE:L.IA T. NVE B, CMC Assistant DepolY Cily Clerk I am enclosing copy of Ordinance No.41292- 101518 amending Vision 2001 -2020, the City's Comprehensive Plan, by .temporarily vacating as a public park for recreational use and open space uses, and releasing the public's right to use the approximately 0.064 acre portion of Fallon Park, as set forth in the City's application dated September 17, 2018, for such period of time as the lease term or any extensions of the Lease between the City and Milestone Communications Limited Partnership — IV, and after such lease term and or extension of the Property shall revert back to become a public park for recreation and open space uses. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, October 15, 2018, and is in effect upon passage. Enclosure Adjoining Property Owners and Interested Parties October 17, 2018 Page 2 PC: City of Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Matthew J. and Dana L. Corwin, 1420 Barger Road, Salisbury, North Carolina 28146 Peggy L. Mehl, 3656 Gaye Lane, S. W., Roanoke, Virginia 24018 Timothy A Fitzgerald, 233 Hershberger Road, N. W., Roanoke, Virginia 24012 William Taylor Stone, 4086 Bluebird Lane, Salem, Virginia 24153 Jack R. Woomer, P. O. Box 4290, Roanoke, Virginia 24015 Amber Nicole Stump, 1901 Wise Avenue, S. E., Roanoke, Virginia 24013 The 1905 Wise Avenue S.E. Land Trust, 4069 Postal Drive, Unit 21185, Roanoke, Virginia 24018 Robert O. Lavin, 1909 Wise Avenue, S. E., Roanoke, Virginia 24013 Maria Guadalupe Bautista, 1913 Wise Avenue, S. E., Roanoke, Virginia 24013 DOAK, LLC, 3002 Rosalind Avenue, S.W., Roanoke, Virginia 24014 Shelly R. Beard, 1921 Wise Avenue, S. E., Roanoke, Virginia 24013 Michael Carson Smoot, Jr., 1925 Wise Avenue, S. E., Roanoke, Virginia 24013 Joyce K. Holdren, 1929 Wise Avenue, S. E., Roanoke, Virginia 24013 John W. and Debra P. Gamble, P. O. Box 12034, Roanoke, Virginia 24022 BRANTRY, LLC, 2910 Fleetwood Avenue, S. W., Suite A, Roanoke, Virginia 24015 Yulandra Y. Livingston, 1949 Wise Avenue, S. E., Roanoke, Virginia 24013 H. Wayne and Diane O. Good, 59 Spoonbill Way, Key West, Florida 33040 CFR BEC, LLC, 11124 Kingston Pike #119 -242, Knoxville, Tennessee 37934 Marcus Lockhart, 3526 Barberry Avenue, N. W., Roanoke, Virginia 24017 William and Sherrie Keith, 2013 Wise Avenue, S. E., Roanoke, Virginia 24013 Lupe O. Gross, 303 18th Street, S. E., Roanoke, Virginia 24013 Thomas G. Altizer, Sr., 309 18th Street, S. E., Roanoke, Virginia 24013 Umberto and Bertha G. Lombardo Life Estate, 313 18th Street, S. E., Roanoke, Virginia 24013 Kevin R Jackson, 409 18th Street, S. E., Roanoke, Virginia 24013 Craig T. Kemmerling and Shelia Gray, 411 18th Street, S. E., Roanoke, Virginia 24013 Bernard W. and Linda Faye Abbott, 420 18th Street, S. E., Roanoke, Virginia 24013 Jeffery W. and Peggy S. Stovall, 499 Olney Road, Vinton, Virginia 24179 Stephan A. and Jane B. Hoover, 3801 Electric Road, S. W., Roanoke, Virginia 24018 RLJ Properties, LLC, P. O. Box 20775, Roanoke, Virginia 24018 Crestbow Properties, LLC, 815 Eddies Road, Salem, Virginia 24153 Donnie A. Moore and Louann Averill, 1816 Stewart Avenue, S. E., Roanoke, Virginia 24013 Adjoining Property Owners and Interested Parties October 17, 2018 Page 3 PC: Portelles Victor, 601 19th Street, S. E., Roanoke, Virginia 24013 -1618 PAW217 Properties, LLC, 50 Park Lane, Hardy, Virginia 24101 Commonwealth of Virginia, 215 Church Avenue, S. W., Room 250, Roanoke, Virginia 24011 Richard L. Watkins, 2137 Westover Avenue, S. W., Roanoke, Virginia 24015 Roanoke City Public Schools, Attn: Dr. Rita Bishop, 40 Douglass Avenue, N. W., Roanoke, Virginia 24012 John Milton and Judith G. White, 1907 Dale Avenue, S. E., Roanoke, Virginia 24013 MLJ Properties, LLC, P. O. Box 237, Salem, Virginia 24153 Devan R. Newman, 12059 Hardy Road, Hardy, Virginia 24101 Lois Hatcher, 1923 Dale Avenue, S. E., Roanoke, Virginia 24013 Donald W. and Izetta Williams, 1929 Dale Avenue, S. E., Roanoke, Virginia 24013 Walter Elbing and Mary E. Blackwell, 1903 Dale Avenue, S. E., Roanoke, Virginia 24013 Roy M. Workman, 105 North Wills Avenue, Covington, Virginia 24426 Jennifer N. Hanger, 1019 Highland Avenue, S. E., Roanoke, Virginia 24013 Herbert R. Tolley, 2005 Dale Avenue, S. E., Roanoke, Virginia 24013 William C. Johnson & Sons Properties, 1086 Blandford Avenue, Vinton, Virginia 24179 William D. Wallace, Jr., 2015 Dale Avenue, S. E., Roanoke, Virginia 24013 Edward L. and Sarah B. Spencer, 60 Almounds Way, Magnolia, Delaware 19962 Leona H. Hill, 2027 Dale Avenue, S. E., Roanoke, Virginia 24013 James Robert Shively, P.O. Box 8691, Roanoke, Virginia 24014 Carolyn D. Haga, 2035 Dale Avenue, S. E., Roanoke, Virginia 24013 Florencio Lemus, 2039 Dale Avenue, S. E., Roanoke, Virginia 24013 Richard A. Barbour, 3096 Pendleton Road, Thaxton, Virginia 24174 E. Warren Kane, Jr., 2045 Dale Avenue, S. E., Roanoke, Virginia 24013 John D. Christman, 120 Thorn Drive, Hardy, Virginia 24101 Le Rochet, Inc., 3505 Farmington Drive, Roanoke, Virginia 24018 Trustees of Sheet Metal Workers Local Union, P. O. Box 339, Vinton, Virginia 24179 E. B. Knighton, 4457 Brambleton Avenue, S. W., Roanoke, Virginia 24018 Hollywood Wnm Dale, LLC, 399 Camino Gardens Boulevard, #308, Boca Raton, Florida 33432 Parkside Express Wash, LLC, 133 Kirk Avenue, S. W., Roanoke, Virginia 24011 JETR, LLC, 133 Kirk Avenue, S. W., Roanoke, Virginia 24011 Parkside Storage, LLC, 133 Kirk Avenue, S. W., Roanoke, Virginia 24011 Adjoining Property Owners and Interested Parties October 17, 2018 Page 4 PC: Realty Income Properties 19, LLC, P. O. Box 1017, Charlotte North Carolina 28201 Trustees of the Church of God, 2213 Dale Avenue, S. E., Roanoke, Virginia 24013 Norfolk Southern Railroad, Three Commercial Place, Norfolk, Virginia 23510 The Honorable Brenda Hamilton, Clerk of the Circuit Court Robert S. Cowell, Jr., City Manager R. Brian Townsend, Assistant City Manager for Community Development Chris Chittum, Director, Planning, Building, and Development Katharine Gray, Land Use and Urban Design Planner Luke Pugh, City Engineer Amelia C. Merchant, Director of Finance Susan Lower, Director of Real Estate Valuation Daniel J. Callaghan, City Attorney Timothy Spencer, Senior City Attorney Tina Carr, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of October, 2018. No. 41292- 101518. AN ORDINANCE amending Vision 2001 -2020, the City's Comprehensive Plan, by temporarily vacating and releasing the public's right to use an approximately 0.064 acre portion of Fallon Park (the "Property "); and dispensing with the second reading of this ordinance by title. WHEREAS, the City received an unsolicited proposal from Milestone Tower Limited Partnership - IV ( "Milestone ") to lease the Property to construct a wireless telecommunications facility and received a bid for such lease; WHEREAS, on August 8, 2018, the Board of Zoning Appeals held a public hearing and unanimously approved a special exception for a ninety (90) foot tall monopole wireless telecommunications facility; WHEREAS, on August 20, 2018, City Council held a public hearing, and authorized execution of the lease agreement, and entered into the lease agreement with Milestone on August 28, 2018 ( "Lease "); WHEREAS, Preston Park is shown in Vision 2001 -2020, the City's Comprehension Plan, as a public park; WHEREAS, to allow construction, and subsequent operation and maintenance of the wireless telecommunications facility, it is necessary to temporarily vacate and release the public's right to use the Property; WHEREAS, the City of Roanoke filed an application with the Council of the City of Roanoke, Virginia ( "City Council "), in accordance with law, requesting City Council to amend Vision 2001 -2020, the City's Comprehensive Plan, by temporarily vacating and releasing the public's right to use the Property for the term of the Lease; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by Section 15.2 -2232 of the Code of Virginia (1950), 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 October 15, 2018, after due and timely notice thereof as required by Section 15.2 -2232, of the Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; 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 and general welfare, require the temporary vacation and release of the public's right to use the Property, and for those reasons, is of the opinion that the hereinafter described application should be granted. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: The 0.064 acre portion of Fallon Park as identified in the City's application dated September 17, 2018 (the "Property "), to this Council is temporarily vacated as a public park for recreational and open space uses, and the public's right to use the afore - referenced portion of Fallon Park is temporarily released, for the term of the proposed Lease and any extensions thereof. 2. The City Manager is authorized to execute any and all documents, the form of all such documents to be approved by the City Attorney, and to take any other actions consistent 2 with the intent of City Council as evidenced by the adoption of this Ordinance. 3. Vision 2001 -2020, the City's Comprehensive Plan, is hereby amended to reflect the temporary vacation and release of the public's right to use the Property k as set forth in the City's application dated September 17, 2018, for such period of time as the lease term or any extensions of the Lease between the City and Milestone and after such lease term and or extensions the Property shall revert back to become a public park for recreation and open space uses. 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: 44 • 1 Y) �t City Clerk. Vacate portion of Fallon Park 10.15.18.doc 3 .. COUNCIL CITY AGENDA REPORT ar To: Honorable Mayor and Members of City Council Meeting: October 15, 2018 Subject: A request by the City of Roanoke to consider an amendment to Vision 2001 -2020, the city's comprehensive plan, to vacate the public use of a portion of Fallon Park and to release the public's right to use such portion of Fallon Park to allow the construction, operation, and maintenance of a wireless telecommunications facility to allow a temporary change of use of public property for the term of the lease agreement on leased property, being a portion of city -owned property located at 502 19th Street, S.E., bearing Official Tax Map No. 4310101 . Summary: The Planning Commission held a public hearing on October 8, 2018. By a vote of 6 -0, the Commission recommends approval of the amendment to Vision 2001 -2020, the city's comprehensive plan, to vacate the public use of a portion of Fallon Park and to release the public's right to use such portion of Fallon Park to allow the construction, operation, and maintenance of a wireless telecommunications facility to allow a temporary change of use of public property for the term of the lease agreement on leased property, being a portion of city -owned property located at 502 19th Street, S.E., bearing Official Tax Map No. 4310101 . Background: As you are aware, City Council received an unsolicited proposal from Milestone Communications Limited Partnership - IV (Milestone) to lease an approximately 0.064 acre portion of the park to construct a wireless telecommunications facility and received a bid for such a lease. On August 8, 2018, the Board of Zoning Appeals held a public hearing and unanimously approved a special exception for a 90 -feet tall monopole wireless telecommunications facility. Subsequently, City Council held a public hearing on August 20, 2018, and authorized execution of the lease agreement. On August 28, 2018, the City entered into a lease agreement with Milestone. The subject property, as shown on Attachment A, will be enclosed by a fence and will not be accessible to the public. In accordance with Section 15.2-2229 of the Code of Virginia (1950), as amended, City Council, via the city administration asked the Planning Commission to consider an amendment of the comprehensive plan, Vision 2001 -2020, to vacate the subject area of the park and release the public's right to use that portion of Fallon Park for the duration of the lease agreement. Comments on Application: There was general discussion of the process that led to the lease during the Planning Commission work session related to configuration /design of the facility and how the lease was structured (e.g., duration, etc.). Public comment was received prior to and during the meeting from Ms. Barbara Duerk asking that the design of the facility be modified to eliminate or minimize the need for the paved driveway leading to the facility, possibly using the nearby Tinker Creek Greenway extension for access. Staff explained that using the greenway would require trees to be removed as well as vehicular traffic during construction and for periodic maintenance. The driveway is necessary with the steep vegetated slope as Parks and Recreation has concern with vehicles driving on the steep grass slope causing damage to the vegetation and leading to subsequent erosion, and the Fire Marshal's Office is concerned with the ability of emergency vehicles to access the facility, when necessary. Conclusions and Recommendations: Planning Commission recommends approval of the amendment to Vision 2001- 2020 to vacate the subject area of the park and release the public's right to use that portion of Fallon Park for the duration of the lease agreement. James E. Smith J , Chair City Planning Commission Enclosure: Attachment A, Zoning District Map Distribution: Robert S. Cowell, Jr., City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning, Building, & Development Daniel J. Callaghan, City Attorney Timothy R. Spencer, Senior Assistant City Attorney 2 ATTACHMENT A ZONING MAP EXCERPT 502 19TH STREET, S.E. OFFICIAL TAX MAP NO. 4310101 egend Subject Property MX(c). Mined Use Conditional tning MXPUD. Mixed Use Planned Unit Dev 1NING t _MXPUD(c). Mlzed Use Planned Unit Dev Conditional AD: Airport Dev R -12: Res Single- Family _AD(c): Airport Dev Conditional ! R- 12(c): Res Single - Family Conditional 0 CG: Commercial - General R -3: Res Single - Family IL CG(c) :Commercial - General Conditional t +R -3(c). Res Single-Family Conditional 0 CLS: Commercial -Large Site R -5: Res Single - Family IL CLS(c)'. Commercial -Large Site Conditional t —R -5(c). Res Single - Family Conditional :. CN. Commercial- Neighborhood R -7: Res Single-Family CN(c). Commercial- Neighborhood Conditional t _ R- 7(c)'. Res SingleFamlly Conditional ■ D'. Downtown RA: Res - Agricultural 4LD(cl: Downtown Conditional t RA(c)'. Res -Agricultural Conditional ■ I -1: Light Industrial RM -1'. Res Mixed Density -1(c): Light Industrial Conditional � I s t RM -1(c): Res Mnted Density Conditional .1 -2: Heavy Industrial RM -2'. Res Mixed Density 4LI-2(c) Heavy Industrial Conditional t r RM- 2(c) -. Res Mixed Density Conditional IN: Institutional °- RMF. Res Multifamily IN(c)'. Institutional Conditional t RMF(c). Res Multifamily Conditional INPUD: Institutional Planned Unit Dev ROS. Recreation and Open Space INPUD(c): Insttutional Planned Unit Dev Contl tional ROS(c): Recreation and Open Space Conditional IPUD: Industrial Planned Unit Dev - UF: Urban Flex IPUD(c). Industrial Planned Unit Dev Conditional UF(c): Urban Flex Conditional ® MX: Mixed Use Fllodplain Overlay, F I I I I I r7'r1 N 0 100 200 400 Feet 1 inch = 400 feet Pffiddlow ROANOKE OFFICE OF THE CITY MANAGER Nod Inyla Mw1alw1 l3uddm6 15 Church Avenue S W Room 164 Romoke Virginia "14011 September 17, 2018 Roanoke City Planning Commission c/o Ian Shaw, Agent of the Planning Commission Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Room 170 Roanoke, Virginia 24011 Re: Application for vacation of a portion of Fallon Park and to release the public's right to use an approximately 0.064 acre portion of Fallon Park on real property owned by the City of Roanoke, such real property located at 502 19th, S.E., and designated as Official Tax Map No. 4310101. Dear Planning Commission: Fallon Park (Park) is an open air park which contains an outdoor pool facility and various other outdoor play /recreation sites such as ball fields, dirt/mountain bike routes, a playground and basketball and tennis courts. The Park consists of a parcel of real property situated at 502 19`h Street, S.E., bearing Official Tax Map No. 4310101. The Park is shown in Vision 2001 -2020, the City's Comprehensive Plan, as a public park. The City Council entertained a proposal from Milestone Tower Limited Partnership- IV (Milestone) for the leasing of a 0.064 acre portion of the Park (Leased Property) located in its far northern corner for the development, installation, operation and maintenance of a Wireless Telecommunications Facility, and received a bid from Milestone regarding the use of the portion of the Park. On August 8, 2018, the City of Roanoke Board of Zoning Appeals held a public hearing, and unanimously approved the application of Milestone for a Special Exception for a Wireless Telecommunications Facility, subject to certain conditions as contained in the application, as amended. Subsequently, City Council held the required public hearing on the bid received for the Leased Property on August 20, 2018, and City Council, by adoption of Ordinance No. 41232- 082018, accepted the bid of Milestone. On August 28, 2018, the City entered into a Lease Agreement with Milestone to lease the Leased Property for an initial term of ten (10) years, with up to five (5) five year extension terms for a maximum term of 35 years. Upon initiation of the project, Milestone will pay the City a one -time site fee of $25,000.00, and a monthly lease rate equal to forty percent (40 %) of Gross Revenues derived from the use and occupancy of the Leased Property and platforms on the installed telecommunications facility. The minimum monthly rent to be paid to the City shall be $1,000.00. In addition, as additional provider platforms are added to the facility, Milestone will pay the City a one -time co- location fee of $5,000.00 per provider. All revenue derived by the City from the Lease Agreement will be directed to support the operations of the Department of Parks and Recreation. A copy of the executed Lease Agreement is attached to this application for the Planning Commission's information. The City Administration files this application pursuant to Section 15.2 -2232 of the Code of Virginia (1950), as amended, requesting that the 0.064 acre portion of the Park be vacated and that the public's right to use such portion of the Park be released for the term of the Lease Agreement. Such action is necessary to allow the City to lease the Leased Property or otherwise to perform any obligations provided for in the Lease. City Council authorized the filing of this application at its meeting on September 17, 2018. Accordingly, the City Administration respectfully requests that this matter be scheduled for the City Planning Commission's October 8, 2018 meeting, and that the City Planning Commission recommend to City Council that the 0.064 acre portion of the Park identified herein be vacated as a public park and that the public's right to use the portion of the Park be released for the term of the Lease Agreement. Res ct su mitted, Rbbe rt S. Cowell, ,Jr. City Manager Attachment Cc: R. Brian Townsend, Assistant City Manager for Community Development Chris Chittum, Director of Planning, Building, and Development Tina Carr, Planning Coordinator / Secretary to the Planning Commission Daniel J. Callaghan, City Attorney Laura M. Carini, Assistant City Attorney Michael Clark, Director, Parks and Recreation E- us E— rl 0- VICIMTY MAP A SYE PLAN NO TER I0-3 cc eau 0 to* ACCESS TR(( KU CCWPDX) SITE PLAN A. J- C3 PRMOSED WaJESTOW 9T * a4' .-U . A FDICED CC*POM -- gis ,00, \1/ eentrex A106. tIDp� iii (19t0i• Milestone FALLON PARK 5019TH ST, SE ROANK VA 24013 OPTO 2 OPTION 2 SITE PLAN DFED OF LEASE AGREEMENT SITF: Fallon Park 502 19"' Street SF Roanoke, VA 24013 I HIS DEFD OF LEASE AGREEMENT (this "Lease "), made and entered into this day of , 2018, by and between the City of Roanoke, Virginia, a Municipal Corporation of the Commonwealth of Virginia, with an address of 215 Church Avenue, S.W., Room 364, Roanoke, Virginia, 24011, herein referred to as "Lessor' and "City" and Milestone Tower Limited Partnership - IV, a Delaware limited partnership, with an address of 12110 Sunset Hills Road, Suite 100, Reston, VA 20190, herein referred to as "Lessee" and "Milestone" recites and provides as follows: RECITALS 1. Lessor is the owner of the parcel of improved real estate located in the City of Roanoke, Tax Map Parcel 4310101 located at 502 19th Street SE, Roanoke, VA 24013 and described in Exhibit A attached hereto and incorporated herein by reference (the "Site "). 2. Milestone is a corporation duly organized, validly existing and in good standing under the laws of the Commonwealth of Virginia, and is duly authorized to do business in the City of Roanoke, Virginia; and has all requisite power and authority to accept, execute, deliver and perform this Lease and all agreements entered into or delivered in connection with or as contemplated hereby. 3. Lessee intends to construct a free - standing monopole satisfying the requirements of this Lease and all applicable laws (the "Monopole "), and to lease from Lessor land on which Lessee intends to construct an equipment compound of approximately two thousand eight hundred and twelve (2,812) square feet as described and shown on Exhibit A -I attached hereto and made a part hereof for the installation of equipment operated by Lessee or the Carriers (as defined below) on the Site (the "Compound "). Lessee intends to lease space on the Monopole and in the Compound to telecommunications or other wireless communications providers (the "Carriers" and each individually, a "Carrier") in compliance with the terns hereof. Such Carriers may install antennas on the Monopole and construct equipment platforms (each, an "Equipment Platform ") to support their communications equipment within the Compound (the Monopole, the Compound, each Equipment Platform and all antennas, dishes, lines, cables and other equipment or items shall collectively be referred to herein as the "Base Station" or "Facilities'). 4. The parties now desire to set forth the terms pursuant to which Lessor shall lease a portion of the Site to Lessee for the purposes just described, NOW, THEREFORE, in reliance of the Recitals set forth above and for and in consideration of the mutual agreements set forth below and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to enter into this indenture as follows. LEASE AGREEMENT: a. Subject to and in accordance with the provisions of this Lease, Lessor hereby leases to Lessee and Lessee hereby leases from Lessor that space within the Site comprising two thousand eight hundred and twelve (2,812) square foot parcel of ground as described and show on Exhibit A -1 attached hereto and made a part hereof and designated as the "Lease Area" (the "Lease Area "), which, together with the Appurtenant Easements (defined in Section 2 , shall be referred to collectively as the "Leased Premises." Subject to and in accordance with the provisions of this Lease, the City hereby grants to Milestone the nonexclusive right, privilege, franchise, and authority, to install, operate, and maintain a telecommunication Monopole and ground telecommunications equipment on the Site, and to lease space on the Monopole and the Leased Premises to Carriers. b. Except for those portions of the Leased Premises that are fenced with the permission of City (which portions shall generally be the area immediately surrounding the Compound) and the actual space occupied by the Monopole (the "Exclusive Leased Premises "), the Leased Premises shall be demised to Milestone on a non - exclusive basis. City and its invitees, permittees, agents and contractors expressly reserve the right to have, and shall have, free and full use of the Non - Exclusive Leased Premises, including, without limitation, the right of pedestrian and vehicular ingress and egress over and through the Non - Exclusive Leased Premises in accordance with the terms hereof. Milestone and Carriers shall erect no signs on the Site except on the Exclusive Leased Premises or with the City's prior express permission in writing. This Lease grants Milestone no right to use City-owned useable antenna support structures such as City -owned water tanks, buildings, etc. or other structures, facilities or equipment belonging to City except as expressly stated herein. C. Lessee acknowledges that with the exception of the air space over the land actually occupied by the Monopole, the Leased Premises shall include the air rights over the land only to a height of fifteen (I5) feet above ground level. Lessor and Lessee acknowledge that the exact location of the Leased Premises is, as of the date of the execution hereof, the parties current intent with respect thereto, however the final location may be subject to modification (by agreement of the City Manager and an authorized agent of Milestone) based upon Lessee's governmental approval process. Lessee and Lessor therefore each covenant and agree, subject to each party's approval as required in the immediately preceding sentence, to execute an addendum hereto at such time as the final location of the Leased Premises is determined in the event that such location differs from that as set forth on Exhibit A -1. Lessee hereby accepts the Leased Premises "AS IS" and in its present condition without any representation or warranty of Lessor except any that may be expressly set forth in this Lease. d. Notwithstanding the foregoing, Lessee acknowledges and agrees that it is solely responsible for performing all necessary due diligence regarding the Site and the Leased Premises, including confirming by way of a title report and examination that Lessor holds legal title to the Site and that no matters affecting title to the Site prohibit, impair or require third party -2- consent to the leasing of the Leased Premises to Lessee, the construction of the improvements contemplated hereunder or any other matter relating or pertaining to this Lease (the "Due Dilit,cnce Matters "). In no event shall Lcssor ha\ e any responsibility for or liability with respect to the Due Diligence Matters, all of which are hereby waived by Lessee. Lessee agrees to strictly comply, at its Solc cost and expense, with all recorded documents, instruments and agreements affecting title to the Site, and defend, indemnify and hold harmless Lessor against any cost, expense, claim, demand, obligation, cause of action or liability with respect to any iolution thereof by Lessee or its agents or sublessees. c. Until the tenmination or expiration of this Lease, title to the Monopole and the portions of the Base Station owned by Lessee shall remain with Lessee, except that, title to the Monopole and/or those portions of the Base Station owned by Lessee that Lessor has required to remain on the Leased Premises shall, at the option of Lessor, vest in Lessor after the termination or expiration of this Lease, and Lessee agrees to promptly execute such further assurances thereof as shall be requested by Lessor. F. Lessee acknowledges and understands that Fallon Park is subject to various deed restrictions Lessee agrees that, at Lessee's sole expense, if Lessee's use of the Site is challenged due to the deed restrictions, Lessee shall be solely responsible for all costs, including court costs and attorney's fees, in seeking to defend the challenge. Lessee shall defend, and indemnify Lessor and hold it harmless against any claims, damages, losses or liabilities (including attorney's fees) incurred by Lessor and arising from any challenge to the Lessee's use of the property. g. Until the Monopole reaches maximum capacity of the number of Carrier Subleases, Lessor agrees that it shall not lease, license or grant any interest in any portion of the Site to any telecommunications or other wireless service provider, or to any party constructing monopoles for lease to telecommunications or wireless service providers, other than Lessee. except as may be pennitted in accordance with Section NO below. h. As a condition precedent to City's obligation to lease the Leased Premises or otherwise to perform any obligations provided for in this Lease and to Milestone's obligation to lease the Leased Premises, City Council shall release City's right to maintain and operate the portion of Fallon Park described herein as the Leased Premises at the Site (the "Council Release "). Upon notification from Milestone that Milestone intends to proceed with the lease, City shall initiate appropriate proceedings as required by applicable laws of the Commonwealth of Virginia and ordinances of the City to request City Council to consider the release of City's right to operate the portion of Fallon Park described herein as the Leased Premises at the Site. EASEMENTS SERVING LEASED PREMISES: a Lessor hereby grants to Lessee the easements specified and described herein and in the exhibits hereto as needed to install, operate, and maintain telecommunication, Monopole and ground telecommunications equipment as easements appurtenant to the leasehold granted to Lessee in this Lease (such easements collectively, the "Appurtenant Easements). With the exception of Lessee's grant of use of the Appurtenant Easements to Carriers and utility providers - 3 - (as applicable), the Appurtenant 1�asements may not be assigned or otherwi „e tran!&ITed in whole or in part separately from the leasehold granted under this Eerie, and any .urh attcmptcd assignment or transfer shall he void. i Lessor grants I essee a nonexclusive, temporary construction casement of' varying dimensions over, on, and through adjoining and adjacent portions of the Site, as shown on Fxhibit B (Temporary Construction Easement) and identified as the "Temporary Construction Easement ", for construction and installation of the Base Station upon the I eased Premises. Such temporary construction easement shall terminate upon the completion of Lessee's construction described in Section 7 provided that such term shall be extended for such period of time as Lessee may be prevented from constructing the Base Station by reason of force majcure, and may be extended for such further period as lessor in its discretion may agree in writing. ii. Lessee shall be permitted the non - exclusive use of a right -of -way having the location and up to 10' feet in width as shown and described on Exhibit B (Utility Easement) hereof as the "Utility Easement," or such other right -of -way of similar dimensions as Lessor may designate during the term of this Lease, to construct, erect, install, operate and maintain underground communication cables (including fiber), from the Leased Premises, over, across and through that portion of the Site designated on Exhibit B ( Utility Easement). iii. Lessor hereby agrees to grant to the local utility and telephone companies, on terms acceptable to Lessor in its reasonable discretion, the non exclusive easements and rights -of -way having the location and up to 10' feet in width as shown and described on Exhibit B to construct, maintain, operate and repair corn uunication, electric power, lines, natural gas, conduits and systems over those portions of the Site designated on Exhibit B (Utility Easement) hereof and described as the "Utility Easement,” or such other right-of-way of similar dimensions as Lessor may designate during the term of this 1 ease, and the right-of-way of Lessee provided for in Subsection 2 a ii during the term of this Lease for purposes of installation and provision of telephone, and electric service to the Base Station iv. Lessor hereby grants Lessee a non - exclusive easement and right -of -way having the location and width as shown and described on Exhibit B for ingress to and egress from the Leased Premises by Lessee and the Carriers, for vehicular traffic for constructing, installing, maintaining, operating and repairing the Base Station, over that portion of the Site designated on Exhibit B (Access Easement) hereof and described as the "Access Easement ", or such other right-of-way of similar width as may be designated by Lessor to provide such access to the Leased Premises and the Base Station. in the event that Lessee damages any grassed area with its service and /or construction vehicular traffic, Lessee will promptly re -sod the disturbed areas b Lessor shall have the right to direct Milestone to relocate any of the Appurtenant Easements (provided that there shall be no termination thereof, and no interruption of service or access as a result thereof other than such short term interruption as is necessary to effectuate the physical relocation, pro,, ided that Lessor and Lessee shall attempt to ensure that the replacement Appurtenant Easement is in place prior to such relocation such that any such interruption shall be as minimal as reasonably practicable). If such relocation occurs within the first fifteen (15) years -4- after the installation of utilities or facilities therein. such relocation shall be at L.essor's expense; thereafter, such relocation shall be at Lessee's expense. C. With the exception of the temporary construction easement provided for in Section 2 a(i), which may expire sooner as provided in such section, and any utility easements to third -party utility or power companies, which shall expire in accordance with their terms. the term of all Appurtenant Easements shall automatically expire upon termination of this lease without the need for further act of any party. Notwithstanding the foregoing, if requested by Lessor, Lessee shall execute and deliver to Lessor, in recordable form, such documents as Lessor may request to evidence of record the termination of all Appurtenant Easements as just provided. Such documents may be recorded, and if they are recorded, they will be at Milestone's sole expense. 3. USE OF LEASED PREMISES: a. Lessee shall use the Leased Premises solely for construction, operation and leasing of the Base Station as provided herein, and shall use the Appurtenant Easements solely for the applicable purposes described in Section 2. Lessor makes no representation or warranty whether such use is permitted by any laws or regulations applicable to the Leased Premises, and Lessee is solely responsible for determining whether such use is pennitted, and for securing all necessary licenses, permits and approvals therefor. b. Notwithstanding any other provision of this Lease, Lessee acknowledges Lessor's use of the Site and that Lessee's rights under this Lease (and, accordingly, any Carrier rights under a Carrier Sublease (as defined below)) are subject and subordinate to Lessor's use and operation of the Site. Accordingly, in exercising their rights under this Lease, Lessee shall use its best efforts to avoid any adverse constriction, operational or other such impact on the Site or Lessor's use and operation thereof, whether such impacts arise from work or activities being performed or undertaken on or off of the Site (utility outages arising from off -site utility relocation, for example), and, notwithstanding any other provision of this Lease, Lessee will use its best efforts to cause such entry, work or activities to be performed or undertaken at such times, and to occur in such manner, as Lessor may require, in its reasonable discretion, to avoid any adverse impacts to the Site or Lessor's use thereof. Further, Lessee agrees that it will cause each Carrier to comply with the provisions of this Section 3. Pursuant to the provisions of Section 8b, Lessee shall be responsible for repairing all damage to the Base Station, the Leased Premises or the Site caused by Lessee or any of Lessee's employees, contractors or agents. In case of emergencies threatening life or safety or any component of the Base Station, Lessee may enter the Leased Premises without prior notice to Lessor, provided Lessee notifies Lessor of such entry, and the nature of the work performed or undertaken as a result of such emergency, as soon as practicable after Lessee's entry. Notwithstanding the foregoing, Lessee shall have the right to make customary and routine inspections of the Leased Premises upon one (1) business day prior notice, provided that (i) such entry is only for the purpose of inspecting the Leased Premises, conducting routine maintenance and repairs (provided such maintenance and/or repairs do not require alteration of the structural elements to the Base Station or the Monopole or the addition or substitution of any electrical cabinet or equipment shelter) and (ii) the worker or workers who -j- make such inspections check -in with the appropriate personnel at the bite prior to accessing the I ea-,ed Premises anti, in all cases, follow all procedures required by Site personnel c The City, or any other governmental agency that the City is a member of, shall he permitted to lease, without the requirement for payment of any compensation to Milestone, one (1) platform on the Monopole (which lease shall include a ground location for the City, to construct a facility to install its ground based facilities appurtenant thereto) at locations on the ground and on the Monopole mutually agreed upon by the City and Milestone, provided that (i) in no event shall any such use of the Monopole by the City be for commercial purposes or for l TL antennas, (ii) the vertical envelope of the equipment installed by the City shall not exceed ten (10) feet, (iii) the total effective wind load of the City's equipment shall not exceed twenty (20) square feet of effective projected area, (iv) the total weight of the City's equipment shall not exceed three hundred (300) pounds, (v) the height of the City's equipment on the Monopole shall reasonably agreed upon between the City and Milestone and shall be subject to the location of the Carriers and any other regulatory limitations (i.e. limitations set forth by the FAA, FCC and other federal, state or local government authorities having jurisdiction over the Monopole), and (vi) the transmissions do not interfere with those of any Approved Carrier on the Site (or under a letter of intent) at the time such lease is granted. Further, City shall be entitled to lease space within the Site to any other governmental agency for construction of a monopole for its own use (hut not for commercial resale), in accordance with Section 10 hereof Notwithstanding anything to the contrary contained herein, the size, type, number, height and weight of the City's antennas, facilities, shelters, platforms and any other equipment to be installed by the City within the limitations set forth above is subject to Milestone's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. 4. TERM a. The term hereof shall be for an initial term often (10) years, with up to live (5) 5- year extension terms, commencing on the date of the final execution and delivery hereof (the "Commencement Date "). The term hereof shall be automatically extended as of the expiration of the then current term unless Lessee provides thirty (30) days advance written notice of its intent not to so renew the term hereof. Notwithstanding the foregoing, if the Monopole is not constructed within twelve (12) months after the date Milestone obtains all required governmental approvals and permits, this Lease may be terminated by City with thirty (30) days written notice to Milestone. Further, in the event that at any time after the initial construction of the Monopole on the Site, the Monopole remains vacant i.e., with no Carrier Sublease applicable thereto) or no Carrier is paying rent therefor for a period of twelve (12) consecutive months, this Lease may be terminated by City with thirty (30) days written notice to Milestone. In the event that City elects to terminate this Lease due to the conditions described in the previous two sentences, then during the sixty (60) day period after receipt of City's termination notice, Milestone shall be permitted to elect to pay the City the amount that would have been due if one (1) Carrier Sublease was executed and paying full rent and, if Milestone begins the payment of such amount prior to the date that is sixty (60) days after receipt of City's termination notice, then City's termination notice shall be deemed null and void and the lease for the site shall continue in full force and effect. Lessee may terminate this Lease with sixty (60) days prior notice to Lessor if (i) Lessee is unable to obtain or maintain in force all necessary governmental approvals, ii) a material change in government regulations makes it impractical or uneconomic for Lessee to continue to operate the Facilities under this l case, (iii) interference by or to Lessee's operation cannot, despite good faith negotiations between Lessee and Lessor in accordance with the terms hereof, be resolved, (iv) Lessee is unable to lease space within the Base Station for a period in excess of twelve (12) consecutive months, or (v) the Site or the Facilities are destroyed or damaged or taken in whole or in part (by condemnation or otherwise) sufficient in Lessee's reasonable judgment, adversely to affect Lessee's use of the Site if this Lease is renewed, then all covenants, conditions and tenns will remain the same. b. At the end of the tern of this Lease, whether by the passage of time or the exercise by any patty of any right of termination, Lessee shall surrender the Leased Premises to Lessor in the condition specified in this Section 4b. Within sixty (60) days after the end of the tenn of this Lease, Lessor shall notify Lessee of its election to (i) have Lessee dismantle and remove the Base Station, or any component thereof, including, but not limited to, any or all of Lessee's facilities from the Leased Premises and the Site, and return to the Site's original condition (except for underground improvements and cables as described below), or (ii) have the Monopole and/or Base Station (other than those portions of the Base Station owned by the Carriers) remain on the Leased Premises. If Lessor fails to make such an election within the sixty (60) day period, Lessee shall inform Lessor in writing, and Lessor shall have an additional thirty (30) days to make the election. If Lessor fails to make an election, it shall be deemed to have elected option (i). If Lessor elects or is deemed to elect option (i), Lessee shall promptly (and in any event within ninety (90) days) remove the designated facilities from the Site, at Lessee's sole cost and expense, and return to the Site's original condition; provided, however, that Lessee shall be entitled to leave in place underground cables and any other improvements which are two (2) feet or more below grade. If Lessor elects option (ii), title to the facilities designated by Lessor shall immediately vest in Lessor, without the necessity of further action by Lessor or Lessee. Notwithstanding the foregoing, if so requested by Lessor, Lessee shall execute such further assurances thereof as shall be requested by Lessor. Further, nothing herein contained shall be deemed to prohibit or restrict any Carrier from removing its equipment to the extent permitted to do so under any Carrier Sublease. C. Subject to Section 4b, the Base Station, including the Monopole, and other equipment, shall during the term of this Lease be deemed the personal property of Lessee and/or the Carriers, as applicable. 5. RENT & ACCESS FEE: a. Beginning on the Commencement Date, and thereafter on the tenth day of each calendar month during the term and any extension term of this Lease, Lessee shall pay to Lessor, in legal tender of the United States of America without demand, setoff or deduction whatsoever, as monthly rent for the Leased Premises. an amount equal to forty percent (40 %) of the Gross Revenues (as defined below) derived from the use, leasing or occupancy of any portion of the Monopole or Base Station for the preceding calendar month. In no event will Milestone's payment to City under this provision after any Carrier starts rent payments be less than one thousand dollars ($1,000.00). The term "Gross Revenues" shall mean all revenue actually collected by Lessee from Carriers with respect to the Site (other than any reimbursement being made to Lessee by a Carrier in connection with construction of the Base Station, Monopole -7- (Including,if necessary, the costs to install a stealth or carnouliage Monopole), connection to any utilities, access roads, reimbursement for any site access 1'ec providcd that such reimbursement is not in lieu of or in substitution of any rent thereunder) All rental payments shall be made by check payable to Treasurer, City of Roanoke at City of Roanoke, Virginia. P 0 Box 1451 Roanoke, VA 24011, Attention: City Treasurer, or such other address as Lessor may from time to time provide. h. In addition to the rent described in the preceding paragraph, any other amounts payable under this Lease to Lessor, however denominated, shall be deemed additional rent, and Lessor shall have all rights and remedies in respect of payment and collection thereof as are applicable to rent Any amounts payable hereunder by Milestone that are not paid when due shall (a) be subject to a late charge of five percent (5 10) of the amount due and (b) bear interest from the date due at a rate of fifteen percent (15 %) per annum. C. Lessee shall pay Lessor a Site Fee, which is equal to Twenty Five Thousand and No' 100 Dollars ($25,000.00) (the "Site Fee') payable at the time Lessee begins construction of the Base Station on the Site. In addition, on the date the second Carrier begins construction on or in the Site, Lessee shall pay Lessor a colocation fee of Fire Thousand and No:'100 Dollars ($5,000.00) (the "Colocation Fee "). The Colocation Fee does not apply to the first Carrier on or in the Site (for which no fee shall be due). In the event Milestone fails to timely pay any Site Fee due hereunder, Milestone shall, in addition to owing City such Site Fee, pay to City interest on the amount thereof From the date due through the date of payment of such Site Fee to City, in an amount equal to the Prime Rate of interest as published from time to time by The Wall Street Journal plus four percent (4"o). d. To ensure Milestone's proper removal of the Monopole and Base Station from the Site at the end of the term of this Lease in accordance with Section 4b (as elected by City), and to ensure the removal work is done in a proper manner without undue damage to the Site or other property of the City, Milestone shall furnish to the City a security deposit in the amount of Twenty Thousand Dollars ($20,000.00) (together with all accrued interest thereto, the "Security Deposit ") prior to commencing construction on the Site. The Security Deposit shall be in the form of cash. The Security Deposit shall not in any way be considered to limit Milestone's obligations or liabilities hereunder. The City may draw upon the Security Deposit upon failure by Milestone to remove Milestone's Facilities from the Site in accordance with Section 4b. The Security Deposit shall be held by City in an interest bearing escrow account and the Security Deposit (together with all accrued interest thereto) will be returned to Milestone within thirty (30) days of Milestone's substantial completion of the removal requirements contained in Section 4b (as elected by City) or at such other time as the City determines the Security Deposit is no longer needed. e. All amounts paid by Lessee to Lessor under this Lease shall be dedicated by Lessor to City of Roanoke public park purposes REAL ESTATE TAXES, UTILITIES, MAINTENANCE: a. Lessee shall be solely responsible for all costs and expenses relating to the connection, disconnection, consumption and use of any utilities and/or services in connection - 8 - with Lessee's construction, installation, operation and maintenance of the Base Station on the Leased Premises including, without limitation, any electric consumption by its equipment, and Lessee agrees to pay all costs f'or service: and installation of an electric meter directly to the local utility company. K Lessee shall be responsible for the declaration and payment of any applicable taxes or assessments against the Base Station or other equipment owned or used by Lessee or allocable (on a pro rata basis) to the Leased Premises, including but not limited to any sales and property taxes, as well as any taxes based on the rent payable hereunder, including gross receipts taxes. During the term, Lessee shall be responsible Cor the timely payment of all taxes levied upon Lessee's (or Lessee's licensees', tenants' or agents') improvements on the Leased Premises. Lessee shall have the right to contest all taxes, assessments, charges and impositions assessed against the Base Station or other equipment owned or used by Lessee or allocable (on a pro rata basis) to the Leased Premises as well as any taxes based on the rent payable hereunder, as defined without limitation herein, prodded, howe,.er, the expenses associated with any such contest are borne by Lessee and not by Lessor. C. Lessee shall at all times during the term of this Lease, at its own expense, maintain the Base Station and the Leased Premises in proper operating condition and maintain same in industrial standards of good condition, and will repair any damage except that caused by Lessor, its agents or servants. Lessee shall mow grass, keep area free of weeds, and keep the Leased Premises and the Base Station free of debris at all times. Milestone agrees that it will inspect the Leased Premises and the Base Station no less frequently than once every four months. d. Lessee shall maintain the Leased Premises at all times in compliance with Lessor's rules and regulations and all go%ernmental rules, regulations and statutes whether currently in force or subsequently adopted, including, without limitation, those relating to the lighting and painting of the Base Station, and requirements of the Federal Communications Commission (the "FCC "), the Federal Aviation Administration (the "FAA "), and other federal, state or local government authorities having jurisdiction over the Base Station. e Lessee shalt be solely responsible, at its sole cost and expense, for keeping the Monopole at all times in reasonably good order, condition and repair, and in compliance with all applicable laws, ordinances and rules. Lessee shall cause the Monopole to be regularly inspected and preventative maintenance to be performed in accordance with the standards of the industry, but in no event less frequently than once every three (3) years. In no event shall Lessor be required to maintain or repair the Monopole, or pay or reimburse Lessee for any costs associated therewith. f. If applicable, Lessor shall be responsible for the maintenance and repair of any lighting fixtures installed by Lessor (or by Lessee on behalf of Lessor) on the Monopole. g. Milestone is responsible for constructing and maintaining any access driveway or road that may be needed to provide access to its facilities and the Base Station. Such access road constructed in Fallon Park shall also be required to provide access or use for public park purposes. Any driveways and roadways installed on City property shalt be installed and maintained in accordance with standards typical for gravel roads, driveways or pathways in City owned parks and built to be usable for or by the general public Whenever Milestone fails to maintain a driveway or roadway in a reasonably safe condition, the City may notify Milestone of' the need to do so and it is Milestone's responsibility to make necessary repairs or improvements If Milestone fails to make the necessary repairs or improvements in a timely manner, the City may do so and bill Milestone for the actual and reasonable costs incurred by the City. 7. CONS IRVC f [ON 13Y LESSCF- a I essce shall use good faith and corrunercially reasonable efforts to obtain all necessary approvals, including, without limitation, those required by the FAA and the FCC, for construction and operation of the Base Station. After obtaining the necessary permits and approvals therefor, Lessee, at its sole cost and expense, shall perform or cause to be performed all ol'the following work. Not Used. iL Installing the utility and equipment compound with dimensions shown and described on Exhibit A -1 attached hereto. iii. At the request of Lessor at the conunencemcnt of the term of this Lease, at Milestone's sole expense, Milestone shall install a chain link or wood fence, with a locked gate, or natural screening on each side of the Compound or any other portion of the Base Station iv. Subject to City's appro-al thereof as provided in Section 7d hereof, performing or causing to be performed all other improvements and work associated with the work described above that may lawfully be required by City of Roanoke or any other governmental bode or official having jurisdiction, as part of or in connection with the work described above. V, As provided by the City's Zoning Ordinance, all landscaping on parcels containing towers or monopoles, antenna support structures, or telecommunications facilities shall be designed to screen the tower, antenna support structure, and telecommunications facilities to a height of at least six (6) feet from grade. This requirement may be waived at the discretion of the inspections division if the base of the tower and facilities to be screened are not located in and not visible from any business or residential districts or visible from public streets. All landscaping must be continually maintained in a healthy and attractive manner. b Lessee's agreement to perform or cause to be performed at its expense all of the work described above, all at Lessee's cost and expense, shall be construed broadly to provide for all costs and liabilities of such work, whether or not such costs are anticipated and without regard to Lessee's present estimates for the cost of same, so that all of such work is fully and properly performed and paid for by Lessee, and upon completion of same the Site, as altered by such work, is as fully functional and suitable for continued use by Lessor as it was prior to the start of Lessee's work. Accordingly, the phrase "all work" shall include, without Iimitation, all of the following work, and Lessee's promise to pay for such work shall include, without limitation, all of the costs and liabilities associated with the following: all labor and materials: design work; legal and professional fees of Lessee's consultants; permit drawings and materials; construction E® costs; construction equipment and materials; utilities extension or relocation, provision of protective fencing and other safety measures; maintenance; removal of construction related debris from the Site, liability, property and workers' compensation insurance premiums; bond fees, dexclopmcnt and construction permits; inspections and approvals; re- sodding of all disturbed areas not covered with impervious surface; replacement or relocation of landscaping; re- paving or rc- striping of any damaged or disturbed paved areas whether for traffic control, parking or otherwise; and the repair and restoration of any item, place or thing required as a result of any damage to the Site caused in the prosecution of the work contemplated by this Lease. C. Lessee shall cause construction of the Base Station (other than components which may be constructed by any future Carrier) to be commenced as soon as practicable after receipt of all necessary permits and approvals and to be completed within a reasonable time thereafter, not to exceed one (I) year from the receipt of all necessary permits and approvals, excepting periods of delay caused by force majeure- or delays caused by Lessor. Once its work on the Base Station is initiated. Lessee shall diligently and continuously prosecute such work to final completion (including obtaining all required inspections and approvals) in a timely manner in accordance with a schedule to be agreed upon in advance by City and Milestone (the "Initial Construction Schedule"). Such schedule shall limit construction activities to such days and times as Lessor may require to avoid any material and adverse impacts on the use and operation of the Site. Lessee shall keep Lessor fully apprised of any events that might impact the construction activities. if Lessee fails to perform its work in accordance with this Lease and if such failure threatens the safe, proper and timely conduct of operations or uses of the Site, then Lessor shall have the right to take all measures as it may deem necessary to avoid or abate any interference with such safe, proper and timely conduct of such classes or other operations or uses. Such measures may include, without limitation, engaging additional construction personnel, stopping any construction activities occurring on the Site, removing interfering construction equipment, materials or facilities, and providing alternate or additional drives, sidewalks, parking areas or other facilities. All such measures shall be at the sole cost, expense and liability of Lessee Lessor shall give Lessee prior notice before commencing any such measures and to coordinate with Lessee in detennining the measures that may be necessary. Lessee shall permit Lessor's designated inspector full access to all of Lessee's construction areas and shall provide such inspector access to all construction plans, drawings and other information reasonably requested. d. The Base Station, and each component thereof constructed by Lessee, shall be constructed by Lessee in a good and workmanlike manner and in accordance with the plans, drawings and specifications prepared and provided by Lessee for Lessor's prior review and written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Construction and installation of the Base Station by Lessee shall be in compliance with all applicable rules and regulations including, without limitation, the customary specifications and requirements of Lessor and those of the Occupational Safety and Health Administration ( "OSHA "), the FCC, the FAA, and regulations of any governmental agency (town, county, state or federal) including, but not limited to the applicable requirements of the local planning and zoning and building, electrical, communications and safety codes of the City of Roanoke, Virginia. Lessee, at its sole cost and expense, shall secure all necessary permits and approvals required to permit the construction and operation of the Base Station. Lessor agrees to cooperate reasonably with Lessee in any necessary applications or submissions required to permit construction and operation of Lessee's (lase Station as described herein, provided that Lessot shall be reimbursed liar all wasunable and actual expenses incun-ed in providing such cooperation vk ithin thirty (30) days of delivery of an invoice to Lessee, and provided further that obtaining Lessee's permits and approvals shall not result in the imposition of any material restrictions or limitations or adverse impacts on the Site or Lessor's use, operation improvement or redevelopment thereof'. All of Lessee's work and facilities shall be installed free o1' mechanics', materialmen's and other liens, and claims of any person. Lessee agrees to defend, with counsel approved by Lessor, and to indemnify and save Lessor harmless, from all loss, cost, damage or expense including, without limitation, reasonable attorneys' fees, occasioned by or arising in any connection with the work contemplated by this Lease, and shall bond off or discharge any such liens or other claims within thirty (30) days after written notice from Lessor. C. Prior to commencing any activities on the Site pursuant to this Lease, Lessee shall provide Lessor with evidence satisfactory to Lessor that Lessee and its contractors and agents who will be working on the Site are covered by insurance as required by Section 14 hereof. f Lessee shall, upon Lessor's request, fence and buffer the Base Station and/or the Leased Premises or any portion thereof. In addition, in the event the Base Station is to be constructed near any existing structure or structures on the Site, Milestone shall, prior to commencing any such construction, provide City, at its request, with a report prepared by an independent third -party professional engineer confinning the structural integrity of the existing structure or structures following the construction of the Base Station g. Lessee shall restore in compliance with the Federal Americans with Disabilities Act (and any state or local law counterpart or implementation thereof) any of Lessor's facilities physically altered by Lessee's work h. Lessee shall be allowed to make further additions, alterations and improvements to the Base Station and Monopole with the Leased Premises without Lessor's prior written consent, subject to Milestone obtaining the needed toning approvals from the City. i It is understood by Milestone that before constructing any Monopole and Base Station on the Site. Milestone will have to obtain the needed zoning approvals from the City. 8. OPERATION OF BASE STATION: a. Lessee and the Carriers shall operate the Base Station in strict compliance with all applicable statutes, codes (including the City's Zoning Ordinance), rules, regulations, standards and requirements, whether currently in force or subsequently adopted, of all federal, state and local governmental boards, authorities and agencies including, without limitation, OSHA (including, without limitation, OSHA regulations pertaining to RF radiation), the FCC and the FAA, as well as such reasonable rules and regulations which Lessor may publish for the site from time to time. Lessee has the responsibility of carrying out the terms of its FCC license in all respects, including, without limitation, those relating to supporting structures, lighting requirements and notification to FAA. Lessee, prior to constructing the Base Station, shall have, and shall deliver to Lessor. copies of all required permits, licenses and consents to construct and operate the Base Station. In the event that the operation of the Base Station violates any of the - 12 - terms or conditions of this Lease, Lessee agrees to suspend operation of the Base Station within twenty -four (24) hours after notice of such %iolation and not to resume operation of the Base Station until such operation is in strict compliance with all of' the requirements of this Lease Lessee shall be responsible for ensuring that each Carrier complies with the terms of this Section s b. Other than with respect to entries established pursuant to the Initial Construction Schedule and Monopole, prior to any entry upon the Leased Premises, Lessee shall provide not less than one (1) business day prior notice to Lessor which notice shall specify the type of work or other activities that arc to be performed or undertaken on the Leased Premises or which may impact the Site Lessor shall have one (1) business day after receipt of the notice to advise Lessee that the proposed work would conflict with Lessor's use of the Site and such notice shall include dates and times that the proposed work may be rescheduled. Lessee further agrees and covenants that the Base Station, transmission lines and appurtenances thereto, and the construction, installation, maintenance, operation and removal thereof, will in no way damage Lessor's property or materially interfere with the use of the Site by Lessor, its successors and assigns. Notwithstanding the foregoing, Lessee agrees (i) to repair any damage caused to the Site or the Leased Premises, including, but not limited to, any damage to utility lines, drains, waterways, pipes, grass fields or paved surfaces by such installation, construction, maintenance, operation or removal to the condition the Site or the Leased Premises was in immediately prior to such damage, (ii) that any repair work undertaken on the Site or the Leased Premises shall be completed as soon as possible after the occurrence of such damage, (iii) that if Lessee's activities on the Site or the Leased Premises result in the need to restore or replace any grass areas, such areas shall be sodded, rather than seeded, and (iv) that it shall be responsible for the full and timely payment of any costs incurred in connection with the repairs described in clauses (i) through (iii) of this sentence. C. If, after the execution of this Lease, Lessee is unable to operate the Base Station due to the action of the F.C.C. or by reason of any law, physical calamity, governmental prohibition or other reasons beyond Lessee's control, this Lease may be terminated by Lessee by giving Lessor thirty (30) days' prior notice of termination, subject to Lessee's restoration obligations under Section 4b hereof. 9. PERMITS AND SITE SPECIFICATIONS: It is understood and agreed by the parties that Lessee's ability to use the Leased Premises is contingent upon its obtaining after execution of this Lease, all of the certificates, permits and other approvals that may be required by federal, state or local authorities for Lessee's use of the Leased Premises as set forth in this Lease. Lessee shalt use all reasonable efforts promptly to obtain such certificates, permits and approvals, at Lessee's sole expense. Lessor will cooperate reasonably with Lessee at Lessee's sole cost and expense, in its effort to obtain such approvals. In the event any such applications should be finally rejected or any certificate, permit, license or approval issued to Lessee is canceled, expires or lapses, or is otherwise withdrawn or terminated by governmental authority, or soil boring tests are found to be unsatisfactory so that Lessee will be unable to use the Leased Premises for the purposes set forth herein, either Lessee or Lessor shall have the right to terminate this Lease by giving the other party thirty (30) days' prior -13- notification of termination within sixty (60) days after the date of the event which is the basis of termination Upon such termination, the parties shall hatic no further obligations for charges and liabilities N%hich accrue after the effective date of termination under this L.easc, including the payment of monies, to each other except as otherwise provided herein, but I essee shall be liable to restore the I cased Premises in accordance with Section 4b 1NDLMNIFIC'ATION I essec shall defend, with counsel acceptable to Lessor, and indemnify and hold harmless, Lessor from all losses, costs, claims, causes of actions, demands and liabilities arising from (a) any breach by Lessee of any covenant of this Lease; (b) any misrepresentation by Lessee contained in this Lease and. or any breach of any warranty contained in this Lease; and (c) any occurrence, of any kind or nature, arising from (i) Lessee's or any Carrier's construction, installation, maintenance, repair, operation, replacement or removal of the Base Station or any other equipment, or any other activities of Lessee or any Carrier on the Site or the Leased Premises of any kind or nature, (ii) the condition of the Base Station or the Leased Premises and (iii) any personal injury, death, or accident in any way related to Lessee's or any Carrier's use, operation or maintenance of the Leased Premises, the Site, the Base Station, or any equipment or antennas contained therein or on the Monopole or the Leased Premises. Such indemnification shall include the actual, reasonable and documented cost of investigation, all expenses of litigation, and the cost of appeals, including, without limitation, attorneys' fees and court costs, and shall be applicable to Lessee's and each Carrier's activities on the Site and the Leased Premises whether prior to the Commencement Date or alter the termination of this Lease. In addition to Lessor, Lessor's City Council members, staff, officers, agents, servants, employees, volunteers, business invitees, customers and guests shall be beneficiaries of Lessee's indemnification 11. BOOKS AND RFCORDS To the extent necessary to determine Milestone's compliance with this Lease or to carry out the City's authority to manage its property, Milestone shall make available to the City for inspection, examination and/or audit upon reasonable prior notice to Milestone, such complete and accurate books of account, records, documents and other information as the City may reasonably need with respect to any sublease, including, without limitation, books of account, records, documents and other information adequate to enable Milestone to demonstrate, at all times throughout the Term that it is, and has been, in compliance with each term and condition of this Lease. If the inspection, examination and/or audit reveals a discrepancy of greater than 3 9o, then in addition to the late charges and penalties due hereunder Milestone shall reimburse the City for all reasonable and actual costs associated with the inspection, examination and/or audit 12. INTERFERENCE: a Lessee agrees to install (and shall cause the Carriers to install) equipment of a type and frequency which will not cause frequency interference with other forms of radio frequency communications existing on Lessor's property as of the date of this Lease (so long as -14- reasonably prevalent) All such equipment shall fully comply with all FCC, FAA, OSHA and other governmental (w nether federal, state, or county) rules and regulations. h. In the event Lessee's equipment causes such interference, Lessee agrees it will take all steps necessary, or shall cause all such steps to be made, to correct and eliminate the interference consistent with all government rules and regulations upon receipt of written notification of the interference. Lessee shall be obligated , and shall cause each Carrier, to correct the problem of interference arising from Lessee's equipment within the Base Station within two (2) business days of receipt of written notice from Lessor and if the interference is not corrected within five (5) business days of receipt of notification (or such time as may reasonably be required with exercise of due diligence provided such repairs are begun within said five (5) business days), such Carrier's equipment causing such interference shall be disconnected, turned off or removed from the Leased Premises. C. In the event Lessor's equipment at the Site causes frequency interference, Lessee and Lessor agree to cooperate to take all steps necessary to correct and eliminate the interference consistent with appropriate government rules and regulations upon receipt of written notification of the interference from either party. Lessor shall be obligated to respond to the problem of interference arising from Lessor's equipment at the Site within two (2) business days of receipt of written notice from Lessee. If the interference is not corrected within five (5) business days of receipt of notification (or such time as may reasonably be required with exercise of due diligence provided such repairs are begun within said five (5) business days), then, at Lessor's sole cost and expense, Lessor's equipment causing such interference shall be immediately disconnected, turned off or removed from the Site. Lessee and Lessor understand and agree that in the event its detennined that the interference is caused by the unlicensed spectrum being used by Lessor at the time of execution of this Lease, Lessor shall be under no obligation to replace the unlicensed spectrum with a licensed spectrum to correct the interference 13. DEFAULT: Each of the following shall be an event of default by Lessee under this Lease: i. If the rent or any installment thereof shall remain unpaid after it becomes due and payable, and is not paid within five (5) business days after Lessor gives written notice of non - payment; ii. If Milestone abandons the Leased Premises as a whole or abandons the Site for a period of more than twelve (12) consecutive months; iii. If Lessee or its assigns shall fail or neglect to keep and perform any one of the terms of this Lease and such failure or neglect continues for more than thirty (30) days (or such longer period as may be reasonable, provided Lessee is attempting a cure with all due diligence, not to exceed one hundred twenty (120)days plus any period of where cure is prevented byjorce majew-c) after Lessor gives written notice specifying the default; - 15 - rv. If Lessee tiles a petition in bankruptcy or insolvency or for reorganisation or imangenrent under the bankruptcy laws of the Vnited States or under any insolvency act of' any state, or tti dissolved or makes an assignment lilt the benelit of creditors, or if involuntary proceedings under any bankruptcy laws or insolvency act or for the dissolution of Lessee are instituted against Lessee, or a receiver or trustee is appointed for all or substantially all of Lessee's property, and the proceeding is not dismissed or the receivership or trusteeship is not vacated within sixty (60) days after institution or appointment. V, If any final judgment or judgments in an aggregate amount (including interest and costs) of more than $500,000.00 is entered against Milestone, and any such judgment or judgments shall not have been paid or otherwise discharged within sixty (60) days after all applicable appeal periods have terminated. b In the case of any event of default, City shall have the right to terminate this Lease upon thirty (30) days notice and shall have any additional rights and remedies that may be available at law or in equity. c The foregoing notwithstanding, in the event of any such default by Lessee hereunder, such shall not provide lessor the right to attach, utilize, distrain upon or otherwise take possession of any equipment located on the Monopole or within a Base Station owned by any Carrier, and such shall at all times be free from any claim by L.cssor hereunder. d If the City obtains a judgment, writ ofmandamus, or an injunction to enforce any provision of this Lease, Milestone shall pay the City its actual and reasonable cost of litigation, including a reasonable attorney's fee and expert witness fees. e If Lessor shall fail or neglect to keep and perform each and every one of the covenants, conditions and agreements contained herein, and such failure or neglect is not remedied within thirty (30) days (or such longer period as may reasonably be required to correct the default with exercise of due diligence not to exceed one hundred twenty (120) days plus any period of where cure is prevented by force majeure), after written notice from Lessee specifying the default, then Lessee may pursue any legal remedies available to Lessee, including the right to terminate this Lease. 14. INSURANCE REQUIREMENTS: a. All property of Lessee, its employees. agents, business invitees, licensees, customers, clients, guests or trespassers, including, without limitation, the Carriers, in and on the Leased Premises shall be and remain at the sole risk of such party, and Lessor shall not be liable to them for any damage to, or loss of such personal property arising from any act of God or any persons, nor from any other reason, nor shall Lessor be liable l'or the interruption or loss to Lessee's business arising from any of the above described acts or causes. Lessor shall not be liable for any personal injury to Lessee, its employees, agents, business invitees, licensees, customers, clients, guests or trespassers, including, without limitation, the Carriers, arising from the use, occupancy and condition of the Leased Premises unless such injury is caused by the gross negligence or willful act on the part of Lessor or its employees. b. During the te►m, Lessee will maintain a policy of commercial general liability insurance insuring Lessot and Lessee against liability arising out of the use, operation or maintenance of the Leased Premises and the installation, repair, maintenance, operation, replacement and removal of the Base Station. The insurance will be maintained for personal injury and property damage liability, adequate to protect Lessor against liability for injury or death of any person in connection with the use, operation and condition of the Leased Premises, and to insure the performance of Lessee's indemnity set forth in Section 10, in an amount not less than TWO MILLION DOLLARS ($2,000,000.00) per occurrence'aggregatc. During the term, Lessee shall also maintain workers' compensation and employers' liability insurance, and such other insurance relating to the installation, repair, maintenance, operation, replacement and removal of the Base Station, and the ownership, use, occupancy or maintenance of the Leased Premises as Lessor may reasonably require. The limits of the insurance will not limit the liability of Lessee. II' Lessee fails to maintain the required insurance Lessor may, but does not have to, maintain the insurance at Lessee's expense. The policy shall expressly provide that it is not subject to invalidation of Lessor's interest by reason of any act or omission on the part of Lessee. C. Insurance carried by Lessee will be with companies acceptable to Lessor. Lessee will deliver to Lessor certificate evidencing the existence and amounts of the insurance. No policy shall be cancelable or subject to reduction of coverage or other modification except after sixty (60) days prior written notice to Lessor. Lessee shall, at least sixty (60) days prior to the expiration of the policies, furnish Lessor with renewals or "binders" for the policies, or Lessor may order the required insurance and charge the cost to Lessee. d. Lessee will not knowingly do anything or permit anything to be done or any hazardous condition to exist ( "Increased Risk ") which shall invalidate or cause the cancellation of the insurance policies carried by Lessor or Lessee. If Lessee does or permits any Increased Risk which directly causes an increase in the cost of insurance policies, then Lessee shall reimburse Lessor for additional premiums directly attributable to any act, omission or operation of Lessee causing the increase in the premiums. Payment of additional premiums will not excuse Lessee from termination or removing the Increased Risk unless Lessor agrees in writing. Absent agreement, Lessee shall promptly terminate or remove the Increased Risk. e. Lessor shall be named as an "additional insured" on Lessee's liability policies. f. Notwithstanding any provisions herein to the contrary, Lessee waives all rights to recover against Lessor for any loss or damage arising from any cause covered by any insurance required to be carried by Lessee pursuant to this Section 14, or any other insurance actually carried by Lessee. Lessee will request its insurers to issue appropriate waiver of subrogation rights endorsements to all policies of insurance carried in connection with the Leased Premises. g. If an "ACCORD" Insurance Certificate form is used by Lessee's insurance agent, the words, "endeavor to" and "...but failure to mail such notice shall impose no obligation or liability of any kind upon the company" in the "Cancellation" paragraph of the form shall be deleted or crossed out. -17- h All insurance required by thts Section 14 shall be A rider b) insurers, in such ferns, and shall contain such terms, as Lessor may reasonably require i Any deductible or self insured retention applicable to required coverages shall be paid bN Milestone and the City shall not be required to participate therewith J. 1 he insurance required of Milestone herein shall be primary, and any insurance or self - insurance maintained by the City shall be in excess of the insurance required of Milestone and shall not contribute therewith k. Milestone's liability to the City shall not be limited to the amounts of the insurance coverage provided herein. 1. Notwithstanding any of the other provisions of this Lease, Milestone's failure to maintain the required insurance coverage throughout the term of this Lease is grounds for the immediate termination ol'this Lease without prior notice. in Nothing contained herein shall effect, or shall be deemed to affect, a waiver of (lie City's sovereign immunity under law. 15. HAZARDOUS MATERIALS: a. Neither Lessee nor any Carrier shall cause or permit any hazardous or toxic wastes, substances or materials (collectively, "Hazardous Materials ") to be used, generated, stored or disposed of on, under of about, or transported to or from, the Leased Premises (collectively "Hazardous Materials Activities") without first receiving Lessor's written consent, which may be withheld for any reason whatsoever and which may be revoked at any time, and then only in compliance (which shall be at Lessee's sole cost and expense) with all applicable legal requirements and using all necessary and appropriate precautions. Lessee shall indemnify, defend with counsel acceptable to Lessor and hold Lessor harmless from and against any claims, damages, costs and liabilities, including court costs and legal fees, arising out of Lessee's or Carrier's Hazardous Materials Activities on, under or about the Leased Premises, regardless of whether or not Lessor has knowledge of Lessee's Hazardous Materials Activities. For the purposes of this Lease, Hazardous Materials shall include but not be limited to oil, radioactive materials, PCBs, and substances defined as "hazardous substances" or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sec. 9601 etsea.; Hazardous Materials Transportation Act, 49 U.S.C. Sec. 1801 et sect.; and Resources Conservation and Recovery Act, 42 U.S.C. Sec. 6901 et seg., and those substances defined as "hazardous wastes" in the regulations adopted and publications promulgated pursuant to said laws. Subject to the foregoing provisions of this Section, Milestone shall, prior to the Commencement Date, submit to City for City's review and approval, a list of Hazardous Materials Activities, including types and quantities, which list to the extent approved by City shall be attached hereto as Exhibit C. Prior to conducting any other Hazardous Materials Activities, Lessee shall update such list as necessary for continued accuracy. Lessee shall also provide Lessor with a copy of any Hazardous Materials inventory statement required by any applicable legal requirements. If Lessee's activities violate or create a - 18 - risk of violation of any legal requirements, Lessee shall cease such activities immediately upon notice from Lessor Lessor, Lessor's representatives and employees may enter the Leased Premises at any time during the term to inspect Lessee's compliance herewith, and may disclose any violation of legal requirements to any governmental agency with jurisdiction The provisions of'this Section 15 shall survive termination or expiration of the term of this Lease. b. Lessor acknowledges that Lessee's or the Carriers' equipment cabinets may contain batteries and fuel tanks for back -up power, other sealed batteries, petroleum fuels, engine oil, antifreeze, FIVAC refrigerants, fire suppression devices, fluorescent lighting, electrical equipment components and that, provided Lessee's or such Carrier's use of same is in compliance with this provision, the presence of such batteries or fuel tanks and other items does not violate this provision and shall not require any further consent from Lessor ii'such batteries or fuel tanks and other items comply with all laws, regulations and ordinances relating to Hazardous Materials. c Lessee will immediately notify Lessor and provide copies upon receipt of all written complaints, claims, citations, demands, inquiries, reports, or notices relating to the condition of the Leased Premises or compliance with environmental laws. Lessee shall promptly cure and have dismissed with prejudice any of those actions and proceedings to the satisfaction of Lessor. Lessee will keep the Leased Premises free of any lien imposed pursuant to any envirorunental laws. d Lessor shall have the right at all reasonable times and from time to time to conduct environmental audits of the Leased Premises, and Lessee shall cooperate in the conduct of those audits. The audits may be conducted by Lessor or a consultant of Lessor's choosing, and if any Hazardous Materials generated, stored, transported or released by Lessee are detected or if a violation of any of the representations or covenants in this Section 15 is discovered, the fees and expenses ofsuch consultant will be borne by Lessee. e. If Lessee fails to comply with any of the foregoing representations and covenants, Lessor may cause the removal (or other cleanup acceptable to Lessor) of any Hazardous Materials from the Leased Premises. The costs of removing Hazardous Materials and any other cleanup (including transportation and storage costs) shall be reimbursed by Lessee promptly after Lessor's demand and will be additional rent under this Lease. Lessee will give Lessor access to the Leased Premises to remove or otherwise clean up any Hazardous Materials. Lessor, however, has no affirmative obligation to remove or otherwise clean -up any Hazardous Materials, and this Lease will not be construed as creating any such obligation. f. Notwithstanding the foregoing, Lessor represents and warrants that to the best of its knowledge and belief there are no Hazardous Materials on, in or under the Site. Lessor covenants not to bring onto the Site any Hazardous Materials 16. NO PARTNERSHIP: Nothing contained in this Lease shall be deemed or construed to create a partnership or joint venture of or between Lessor and Lessee, or to create any other relationship between the parties hereto other than that of lessor and lessee. -19- 17. NO1ICLS: All notices, payments, demands and requests hcreunder shall be in writing and shall be deemed to have been properly given three (3) days after the date when mailed by the United States Postal Service by First Class, Registered or Certified Mail, postage prepaid, or upon receipt when deliverer{ by nationally recognized overnight courier or hand delivery, and addressed to Lessor as follows City of Roanoke, with a copy, which will not constitute A7 TN: City Manager notice to: 364 Noel C. Taylor Municipal Building ATTN: City Attorney 215 Church Avenue, S.W. 464 Noel C. Taylor Municipal Building Roanoke, Virginia 24011 215 Church Avenue, S.W. Fax No. 540- 853 -2333 Roanoke, Virginia 24011 and to Lessee as follows: Milestone Communications 12110 Sunset Hills Road, Suite 100 Reston, Virginia 20190 Attn: Leonard Forkas, Jr. with a copy, which will not constitute notice to: Cooley LL P 11951 Freedom Drive Reston, Virginia 20190 Attn• John G. Lavoie, Fsquire or to such other addresses as either of the parties may designate from time to time by giving written notice as herein required. 18. ASSIGNMFN f OR SUBLhT1 ING; FINANCING. a Lessee may assign this Lease, without Lessor's consent, to any corporation, partnership or other entity which (i) is controlled by, controlling or under common control with Lessee; (ii) shall merge or consolidate with or into Lessee; (iii) shall succeed to all or substantially all the assets, property and business of Lessee; (iv) in which Milestone Communications Management IV, Inc. or Milestone Development, Inc. or a wholly owned affiliate of Milestone Communications Management IV, Inc. or Milestone Development. Inc. is at all times the general partner, managing member or majority shareholder; or (v) has an adjusted net worth (determined in accordance with generally accepted accounting principles consistently applied) of at least $100,000,000. Any assignment as a result of a merger or consolidation under paragraphs (i), (ii), (iii) and (iv) above, must be to an entity into which Milestone is merged or consolidated and such entity shall have a tangible net worth equal to or greater than Milestone as of the date of this Lease and such entity shall be fully bound by the all of the terms and conditions of this Lease. In the event of such an assignment or sublease, Lessee shall provide to Lessor at least sixty (60) days before the proposed transfer (a) the name and address of the assignee and (b) a document executed by the assignee by which it acknowledges the assignment and assumption of all of Lessee's obligations hereunder and (c) such other information regarding the proposed assignee as shall be reasonably requested by City. Lessee may also, without -20- Lessor's consent, sublease or license portions of' space on the Monopole and within the Base Station to Carriers in accordance with and subject to the tenns and conditions of Section 18c hereof. Any assignee shall each be fully and primarily liable for the obligations of "Milestone" hereunder b. Lessee may, without Lessor's prior consent, sublease or license space on the Monopole or within the Compound to Carriers under and subject to the teens of this Section 18. Specifically, Lessee shall be entitled to sublease or license space on the Monopole or in the Compound without Lessor's prior approval provided that (a) the Carrier Sublease shall be in a form utilized by lessee in the ordinary course of Lessee's business, (b) the sublessee is an Approved Carrier (as del ined below). (c) no event of default exists hereunder, (d) the term of the Carrier Sublease does not exceed the tern of this Lease and (e) Milestone submits an engineering report to City definitively showing that the Monopole is capable of supporting the proposed Carrier. Otherwise, any lease, sublease, license or other occupancy agreement with respect to any Site shall be in form approved by Lessor, which approval may be given or withheld in Lessor's sole and absolute discretion. As used herein, the tern "Approved Carrier" shall mean a telecommunications service provider licensed by the F.C.C. and an), other goverrunental agencies for which approval is needed to conduct such company's business. C. The termination of this [.ease shall automatically terminate all Carrier Subleases that are applicable to same Site. d. Lessee shall cause the Carriers to comply with, and not violate, the terns and conditions of this Lease. Lessee shall enforce all of the teens and provisions of any Carrier subleases, licenses or other similar documents (each, a "Carrier Sublease "). Without limiting the generality of the foregoing, Lessee shall exercise any or all of its rights and remedies under the Carrier Subleases immediately if requested to do so by Lessor. Lessee shall, at its sole cost and expense, perfonn all obligations of the landlord under the Carrier Subleases. Lessor shall have no liability whatsoever under the Carrier Subleases. e. Lessee shall have the right to Finance the Monopole and Base Station on the teens and conditions as are set forth on Exhibit D attached hereto; provided that this Lease shall be prior to, and shall have priority over, all deeds of trust, liens, or encumbrances granted or suffered by Milestone, and its successors and assigns 19. ACCESS AND INSPECTIONS. Lessor shall have full access to the Leased Premises and the Base Station for operating, repairing, removing, installing and otherwise working with communications equipment owned by Lessor or any third party permitted to use the Base Station pursuant to this Lease with the exception of Lessee's or Carriers' equipment and antennas. In addition, Lessee shall allow Lessor, upon prior notification to Lessee and with an escort by an agent of Lessee or without notice in the event of any emergency, to enter the Leased Premises or any part thereof at any reasonable time and in a manner so as not to interfere more than reasonably necessary with Lessee's use of the Base Station, for the purpose of inspecting the Leased Premises. In the event of an emergency whereby Lessor enters the Leased Premises, Lessor shall give notice to Lessee -21- of such entry rrnniediately following such emergency Lessee shall at all time, pros ide Lessor copies of all keys needed to unlock all of the gates and locks to the fences to the Compound or in the Leased Premises 20. QUILT ENJOYMI NT Lessee shall be entitled to use and occupy the Leased Premises during the term hereof for the purposes herein permitted and subject to the terms and conditions herein contained, without molestation or interference by Lessor. City tray, however, without the requirement for payment of any compensation to Milestone, lease one (I) platform on the Monopole in accordance with Section 3.e of this Lease 21. DAMAGG AND DES CRU('TION- a. If the Leased Premises or the Base Station are damaged or destroyed by reason of fire or any other cause, or if damage to the Leased Premises or the Base Station causes damage to portions of the Site or other property of Lessor, Lessee will immediately notify Lessor and will promptly repair or rebuild the Base Station, incidental impro,,ements, and other damage to Lessor's property to its condition immediately prior to such damage, at Lessee's expense. b. Monthly rent and additional rent will not abate pending the repairs or rebuilding except to the extent to which Lessor receives a net sum as proceeds of any rental insurance, or continues to receive income from Carrier Subleases. c If at any time the Leased Premises or Base Station are so damaged by fire or otherwise that the cost of restoration exceeds fifty percent (50 %) of the replacement value of the Base Station immediately prior to the damage, Lessee may, within thirty (30) days after such damage, give notice of its election to terminate this Lease and, subject to the further provisions of this Section 21, this Lease will cease on the tenth (10th) day after the deli%ery of that notice. Monthly rent will be apportioned and paid to the time of termination. If this Lease is so terminated, Lessee will have no obligation to repair or rebuild. Notwithstanding the foregoing, if Lessee elects to terminate this Lease, Lessee shall be required to comply with the provisions of Section 4b with respect removing and dismantling each component of the Base Station and returning the Leased Premises to the condition stated in such section. 22. CONDEMNATION: If all or any part of the Leased Premises is taken by eminent domain or sale in lieu thereof, and if said taking or sale renders the Leased Premises unusable for its intended purpose hereunder, then, at Lessor's or Lessee's option, this Lease may be terminated upon sixty (60) days prior written notice to the other party and there will be no further payment of rent-, for the Site except that which may have been due and payable at the time of said taking or sale. In the event of a partial taking or sale of the Site and Lessee, subject to mutual agreement with Lessor, wishes to maintain its operation, Lessee may continue to use and occupy the Compound and Leased Premises under the terms and conditions hereunder, provided Lessor's and Lessee's -22- obligations under this [.ease are nut otherwise altered, and provided Lessee, at its sole cost, restores so much of the Base Station and Leased Premises as remains to a condition substantially suitable for the purposes fior which it was used immediately before the taking Upon the completion of restoration, Lessor shall pay Lessee the lesser of the net award made to Lessor on account of the taking (after deducting from the total award attorneys', appraisers', and other costs incurred in connection with obtaining the award), or Lessee's actual out -of- pocket cost of restoring the Leased Premises, and Lessor shall keep the balance of the net award. In connection with any taking subject to this Section, Lessee may prosecute its own claim, by separate proceedings against the condemning authority for damages legally due to it (such as the loss of fixtures which Lessee was entitled to remove and moving expenses) only so long as Lessee's award does not diminish or otherwise adversely affect Lessor's award. 23. SAL}- OF SITE: Any sale by Lessor of all or part of the Leased Premises to a purchaser other than Lessee shall be under and subject to this Lease and Lessee's right hereunder. Lessor shall be released From its obligations under this Lease in the event of a sale and the assignee assumes Lessor's obligations hereunder (including the recognition of Lessee's rights hereunder 24. GOVERNING LAW: The execution, performance and enforcement of this Lease shall be governed by the laws of Commonwealth of Virginia without application of conflicts of law principles. Any legal action or proceeding with respect to this Lease or any document related hereto or thereto shall be brought in the courts of the State of Virginia in the City of Roanoke and in no other courts. 25. MISCELLANEOUS: This Lease plus the Exhibits hereto contain the entire agreement between the parties and may not be amended, altered or otherwise changed except by a subsequent writing signed by the parties to this Lease. The invalidation of any one of the terms or provisions of this Lease by judgment or court order shall in no way affect any of the other terms of this Lease which shall remain in full force and effect. Lessor and Lessee agree to execute any additional documents necessary to further implement the purposes and intent of this Lease. Time is of the essence with respect to each provision of this Lease. The headings contained in this Lease are to facilitate reference only, do not form a part of this Lease, and shall not in any way affect the construction or interpretation hereof. Terms such as "hereby," "herein," "hereof," "hereinafter," "hereunder," and "hereto" refer to this Lease as a whole and not to the particular sentence or paragraph where they appear, unless the context otherwise requires. The term "may" is permissive; the terms "shall" and "will" are mandatory, not merely directive. All references to any gender shall be deemed to include all others, as the context may require. Terms used in the plural include the singular, and vice versa, unless the context otherwise requires. Nothing in this Lease is intended to interfere with any tariffs, contracts or other arrangements betty een the Milestone and a third party or between the City and a third party, or to create any third party beneficiary rights. -23- 26. BINDING El+EC I : 1 his Lease shall bind and inure to the benefit of the parties hereto and their respective successors and permitted assigns 27. LESSOR'S RIGIII 1'O PERFORM- if Lessee fails to perform any obligations under this Lease, Lessor shall be entitled, but shall not be obligated, to perform any or all of such obligations and any cost of performing same shall be payable by Lessee to Lessor upon written demand as additional rent hereunder. Any amounts so incurred by Lessor and not repaid by Lessee within ten days after demand shall bear interest at a rate of ten percent (10 110') per annum. 28. Not Used 29. ESTOPPEL CERTIFICATES: Within no more than four weeks after written request by either party, the other will execute, acknowledge, and deliver a certificate stating- a, that the Lease is unrnodified and in full force and effect, or, if this Lease is modified, the way in which it is modified accompanied by a cop} of the modification agreement; b the date to which rental and other sums payable under this Lease have been paid; C. that no notice has been received of any default which has not been cured, or, if the default has not been cured, what such party intends to do in order to effect the cure, and when it will do so; d (if from Lessee) that Lessee has accepted and occupied the Leased Premises; e. (if from Lessee) that Lessee has no claim or offset against Lessor, or, if it does, stating the date of the assignment and assignee (if known to Lessee); and f other factual matters as may be reasonably requested. Any certificate may be relied upon by any prospective purchaser, lender or other person with a bona fide interest in the Leased Premises. 30. NO WAIVER: No waiver of any condition or agreement in this Lease by either Lessor or Lessee will imply or constitute a further waiver by such party of the same or any other condition or agreement. No act or thing done by Lessor during the term of this Lease will be deemed an -24- acceptance of surrender oi' the Leased Premises, and no agreement to accept the surrender will be valid unless in writing signed by Lessor The delivery of Lessee's keys to Lessor will not constitute a termination of this Lease unless Lessor has entered into a written agreement to that effect. No payment by Lessee, or receipt from Lessor, of a lesser amount than the rent or other charges stipulated in this Lease will be deemed to be anything other than a payment on account of the earliest stipulated rent. No endorsement or statement on any check or any letter accompanying any check or payment as rent will be deemed an accord and satisfaction. Lessor will accept the check for payment without prejudice to Lessor's right to recover the balance of the rent or to pursue any other remedy available to Lessor. 31. AUTHORITY: Each of the persons executing this Lease on behalf of Lessee warrants to Lessor that Lessee is a duly organized and existing limited partnership under Delaware law, that Lessee is authorized to do business in the Commonwealth of Virginia, that Lessee has full right and authority to enter into this Lease, and that each and every person signing on behalf of Lessee is authorized to do so. Upon Lessor's request, Lessee will provide evidence satisfactory to Lessor confirming these representations. Lessor and the person executing and delivering this Lease on Lessor's behalf each represents and warrants to Lessee that such person is duly authorized to so act and has the power and authority to enter into this Lease; and that all action required to authorize Lessor and such person to enter into this Lease has been duly taken 32. LIMITED LIABILITY: Lessee's sole recourse against Lessor, and any successor to the interest of Lessor in the Leased Premises, is to the interest of Lessor, and any successor, in the Leased Premises. Lessee %ill not have any right to satisfy any judgment which it may have against Lessor, or any successor, from any other assets of Lessor, or any successor, or from any of Lessor's City Council members, staff, officers, agents, servants, employees, volunteers, business invitees, customers, or guests. In no event shall Lessor be liable for consequential or punitive damages, economic losses or losses derived from future expected revenues. The provisions of this Section 33 are not intended to limit Lessee's right to seek injunctive relief or specific performance. 33. RECORDATION: Lessee may record, at Lessee's expense, a memorandum or short form hereof in the form attached hereto as Exhibit E. _2j_ 34. CON hl IC IS, In the event of any conllict between the terms and proN i;►ons elf this l casc and anti othce prior agreement between the parties, this L.case shall control 35. ENTIRE ACiRHMFN "I This Lease plus the Exhibits hereto contain the entire agreement between the parties and may not be amended, altered or otherwise changed except by a subsequent writing signed by the parties to this Lease 36. COMPLIANCE WITH APPLICABLE I.AW Milestone shall at all times comply with all applicable federal, state, and local laws, ordinances, and regulations, including but not limited to the Communications Act 37. PERMITS Milestone, including its contractors and consultants, prior to any construction or work will obtain all appropriate permits therefor, including any application and permit I'or right -of -way excavation if any streets will be disturbed. 38. COSTS Milestone agree% to promptly reimburse City liar the costs for any advertisement of required public hearing(s) related to this Lease Agreement, including the consideration of City Council of the vacation of a portion of Fallon Park. Pursuant to the laws of the Commonwealth of Virginia, the City must advertise notice of a public hearing before Roanoke City Council twice in a newspaper of general circulation within Roanoke City. f Signatures contained on following page ] -26- IN WTfNESS WHEREOF, the parties hereto executed this Lease in two parts on the dates indicated. Approved as to Form. Assistant City Attorney Authorized by Ordinance No LESSOR: City of Roan , ' is Ey. Robert S. Cowell, Jr., City Manager Date, V Approved as to Execution: Assistant City Attorney [Signatures continue on following page.] -27- LESSEE- MILESTONE TOWER LIMITED PARTNERSHIP -- IV By: MILESTONE COMMUNICATIONS MANAGEMENT IV, INC., its general partner, a Delaware corporation By:__.i6�'L/t. Leonard ork�y , President Date: _ t Z 070 -28- EXHIBIT A Description of Site EXHIBIT A 1 WISE AVE SE 1 i � q s LEASED AREA j F s 4310101 r�ELI AyE SE � i l ti 4w h r ti i 0 2 iw m m 1 r t i EXHIBIT A -1 Monopole Location; Description of Leased Premises EXHIBIT A -1 EXHIBIT B Easements ]'ro be determined.] f "XIIIIIII C Hazardous Materials • I ead acid batteries • Diesel or propane emergency power generator(s) with fuel tank(s) • Scaled batteries • Petroleum fuels • Engine oil • Antifreeze • HVAC refrigerants • Fire suppression devices • Fluorescent lighting • Electrical equipment components EXHIBIT D Mortgagee Provisions EEgupment Financin <;. Lessor acknowledges that Lessee may in the future enter into a financing a►iangement including promissory notes and financial and security agreements for the financing of the Monopole and Base Station and that Lessee's tenants, lessees or licensees may have entered into (or may in the future enter into) such financing arrangements for the financing of their equipment installed as part of the Base Station (collectively, the "Collateral"), provided that this Lease shall be prior to, and shall have priority over, all deeds of trust, liens, or encumbrances granted or suffered by Milestone, and its successors and assigns. In connection therewith, Lessor (i) consents to the installation of the Collateral (subject to the terms and provisions of the Lease); and (ii) disclaims any interest in the Collateral, as fixtures or otherwise. Leasehold Financing. Notes ithstanding anything to the contrary contained in this Lease, at any time and from time to time Lessee may mortgage, pledge and encumber its interests in this Lease and in any subleases, and assign this Lease and any subleases, licenses and other occupancy and use agreements as collateral security for such mortgage(s) The making of a leasehold mortgage (or any other such assignment, pledge or encumbrance) shall not be deemed to constitute a prohibited assignment of this Lease, or of the leasehold estate hereby created, nor cause the holder of the leasehold mortgage (a "Mortgagee ') to be deemed an assignee of this Lease. Such Mortgagee (or its nominee) shall be deemed an assignee of this Lease only at such time it succeeds to Lessee's interest in this Lease by foreclosure of any leasehold mortgage, or assignment in lieu of the foreclosure, or if it exercises or attempts to exercise any rights or privileges of Lessee under the Lease. Upon such succession such Mortgagee (or nominee) shall be bound by the terms of this Lease. Notwithstanding the foregoing, Mortgagee or such successors shall be liable for all rent due under the Lease, and for curing any breaches or defaults which continue after the Mortgagee or such successor acquire Lessee's interest in this Lease. Notwithstanding anything to the contrary contained in this Lease, any Mortgagee (or other person or entity) that succeeds to Lessee's interest in this Lease by way of foreclosure, assignment in lieu of foreclosure or the exercise of any other remedies relating to the enforcement of any leasehold mortgage may assign this Lease to any telecommunications company with assets in excess of One Hundred Million Dollars ($100,000,000) and upon such assignment, such assignor shall be bound by the terms of this Lease. When used in this Lease, "mortgage" shall include whatever security instruments are used in the locality of the Premises, such as, without limitation, mortgages, deeds of trust, security deeds, and conditional deeds, as well as financing statements, security agreements, and other documentation required pursuant to the Uniform Commercial Code or successor or similar legislation, If a Mortgagee shall send to Lessor and its counsel a true copy of the leasehold mortgage, together with written notice specifying the name and address of the Mortgagee and the pertinent recording data with respect to such leasehold mortgage, Lessor agrees that the following provisions shall apply to such mortyage do long a,, thy leasehold mortirage has not been released by the fvlortgai:ee No Modification No Mcrs cr lherc shall be no cancellation, surrender or modification of this Lease by Lessor and Lessee without the prior consent in writing of each Mortgagee. If the leasehold interest under this Lease shall ever be held by the same person or party who then holds the reversionary interest under this Lease, no merger shall result therefrom and both the leasehold and reversionary interests shall continue. Notice'Cure. Lessor shall, upon serving Lessee with any notice of default or other notice provided for in this Lease, simultaneously serve a copy of such notice upon the Mortgagee and no such notice to Lessee shall be effective unless a copy of such notice is so served on the Mortgagee. Upon receipt of such notice the Mortgagee shall have the same period, after and commencing upon receipt of such notice, to elect (in its sole discretion) to remedy or cause to be remedied the defaults complained of, and Lessor shall accept such performance as if the same had been done by Lessee. Termination. Upon any termination of this Lease, at the election of the Mortgagee, Lessor will promptly enter into a new lease of the Premises with such Mortgagee or its nominee for the remainder of the terns of the Lease, effective as of the date of such termination at the rent and upon the terms, provisions, covenants, and agreements as herein contained, provided: Such Mortgagee(s) or its nominee(~) shall make written request upon Lessor for such new lease within thirty (30) days after the date of such termination, Such Mortgagee(s) or its nominee(s) pay to Lessor at the time of the execution and delivery of such new lease any sums that would at the time of the execution and delivery thereof be due pursuant to this Lease but for such default or termination (e.g., excluding all, if any. accelerated rent), less one -half (12) of the net income collected and retained by Lessor subsequent to the date of termination of this Lease and prior to the execution and delivery of the new tease; and Upon the execution and delivery of such new lease, all subleases, licenses and other occupancy and use agreements that theretofore may have been assigned and transferred to Lessor shall thereupon be assigned and transferred by Lessor to the Mortgagee or its norninee, and assumed by the Mortgagee or nominee, and such party shall indemnify and hold Lessor harmless from and against any further liability thereunder. Lessor hereby agrees that, with respect to any such sublease so assigned, Lessor will not modify or amend any of the terms or provisions thereof, during the period between the expiration or termination of this Lease and the execution and delivery of a new lease. Ali In ication of Ccrtain Proceed- The Mortgagee may reierve the right to apply to the mortgage debt atl or any part of I essee's share of the proceeds from any insurance policies or arising from a condemnation. EXHIBIT E Memorandum of Lease MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE is entered into us of the day of 20 , by and between Milestone Tower Limited Partnership - IV, a Delaware limited partnership (-Lessee "), and ._ _ _ , a ("Lessor"). RECITALS: A. Lessor and Lessee are parties to a Site Lease Agreement, dated , 2018 (the "Lease "), pursuant to which Lessor has leased to Lessee certain real property in the City of Roanoke, Virginia described in Exhibit "A" attached hereto. B. Lessor and Lessee wish to enter into this Memorandum of Lease. NOW, TIiEREFORE, in consideration of the premises, the sum of Five Dollars ($5.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Lessor and Lessee hereby agree as follows: 1. The name of the lessor under the Lease is the City of Roanoke, Virginia, a body corporate and politic. 2. The name of the lessee under the Lease is Milestone Tower Limited Partnership 1V. 3. The address of Lessor, as stated in the Lease, is . Attn- The address of Lessee, as stated in the Least, is Milestone Tower Limited Partnership -1V, 12110 Sunset Hills Road, Suite 100, Reston, VA 20190. 4. The leased premises, as described in the Lease, consists of a portion of the property owned by Lessor located at 502 19'b Street SE, Roanoke, VA 24013 and as more particularly described on the attached Exhibit A. 5. The term of the Lease is ten (10) years. The date of commencement of the term of the Lease was , 2018, and the date of termination of the term of the Lease is ..... ............................... ten (10) years thereafter, subject to any applicable renewal period. & Provided Lessee is not in default under the Lease beyond any applicable cure period, Lessee may renew the Lease for four (4) five -year renewal periods, to commence at the end of the initial term of the Lease. Accordingly, the latest date to which the term of the Lease may be extended is (Signatures continue on the following 2 purges) IN WITNESS WHEREOF, the undersigned LFSSLE has duly executed this Memorandum of Lease under seal as of the first date stated above. ATTEST: MILESTONE TOWER LIMITED PARTNERSHIP IV, a Delaware limited partnership By MILESTONE COMMUNICATIONS MANAGEMENT IV, INC., a Delaware corporation and its general partner By: Leonard Forkas, Jr., President Date: COMMONWEALTH OF VIRGINIA ) TO WIT: COUNTY OF ) I hereby certify that on this _ __ day of _ ___ _ , 2018, before me, a Notary Public for the state and county aforesaid, personally appeared Leonard Forkas, Jr., known to me or satisfactorily proven to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he executed the foregoing instrument, acting in his capacity as President of MILESTONE COMMUNICATIONS MANAGEMENT IV, INC. for the purposes therein set forth. Notary Public My Commission Expires: IN WITNESS WIIERF.OF, the undersigned LBSOR has duly executed this Memorandum of Lease under seal as of the first (late stated above AT rEST: ,a By. Name: rifle. COMMONWEALTH OF VIRGINIA ) TO WIT: COUNTY OF ) I hereby ceitily that on this day of , 20 , before me, a Notary Public for the state and county aforesaid, personally appeared known to me or satisfactorily proven to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he executed the foregoing instrument, acting in his capacity as of , for the purpoNes therein set forth Notary Public My Commission Expires: _ Exhibit A to Memorandum of Lease (Legal Description) 179682649 v7 CASI1 BOND AGREEMENT This Cash Bond Agreement is dated Q , 2018, and made effective as of August 30, 2018, by and between Milestone Tower Limited Partnership - 1V, a Delaware limited partnership, ( "Successful Bidder "), and the City of Roanoke, Virginia, a Virginia municipal corporation ( "City "). RECITALS A. The City, pursuant to Section 15.2 -2100, et seq, Code of Virginia (1950), as amended, sought bids to enter into a Lease Agreement for the Establishment of a Wireless Communications Facility in Fallon Park ( "Lease Agreement ") for a term up to thirty -five (35) years on a portion of certain property of the City, located at 502 19`" Street, S.E., in the City of Roanoke, Virginia, designated as Roanoke Official Tax Map No. 4310101, known as Fallon Park. B. The City set August 20, 2018 at 12:00 noon as the date and time that bids were due. The Successful Bidder was one of the bidders, and, following a public hearing on August 20, 2018, City Council awarded the Lease Agreement to the Successful Bidder. Council adopted Ordinance No.� 1 ?, - that awarded the Lease Agreement to Successful Bidder, a copy of which ordinance is attached hereto and made a part hereof as Attachment A. C. The Successful Bidder and the City executed the Lease Agreement effective August 30, 2018, and the term of the Lease Agreement is up to thirty -five (35) years. Under the terms of the Lease Agreement, Successful Bidder has the obligation to pay City monthly 1 rent, a Site Fee, and Colocation I ecs. as dclined in the I case Agreement, otter the term of the 1 case Agreement, in addition to perfonuing certain other obligation, stated in the I case Agreement and in the Successful Bidder's bid. D Pursuant to Section 15.2 -2104 of the Code of Virginia, the Successful Bidder. as the successful bidder, is required to provide a bond, with good and sufficient security, in an amount determined by the City for the rights Successful Bidder was awarded under the f.case Agreement and the duties required of Successful Bidder thereunder. E. Pursuant to the terms of the Lease Agreement, in the event that Successful Bidder fails to comply with the terms of the Lease Agreement, the City is entitled to certain remedies which include, and are not limited to, calling upon such security. P. Based on the following, the City agrees that a cash bond in the amount of One Thousand Dollars ($1,000.00) is adequate security for the Successful Bidder's obligations under the Lease Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein set forth, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, the Successful Bidder and the City, hereby agree the above recitals are hereby incorporated into this Cash Bond Agreement and further agree as follows: 1. The City acknowledges receipt of the Cash Bond in the amount of One 1 housand Dollars ($1,000.00). to be invested, held, applied, and or released in accordance with the terms of this Cash Bond Agreement. 2 3. The condition of this Cash Bond Agreement is that the Successful Bidder is held and firmly bound to the City in the Sum of the Cash Bond as security for the Successful Bidder's performance of the terms and conditions of the Lease Agreement, incorporated by reference herein. I he Successful Bidder acknowledges and agrees that until complete, final, and satisfactory performance of all of the Successful Bidder's obligations under the Lcase Agreement, the Successful Bidder has no right or interest in the proceeds of the Cash Bond provided pursuant to this Cash Bond Agreement or to any release of Cash Bond to the Successful Bidder. 3. The City shalt deposit the proceeds of said Cash Bond amount with the City Treasurer in an interest - bearing account of the City in an institution insured by FDIC or FSLIC for the term of the Lease Agreement as provided in this Cash Bond Agreement and any approved extensions thereof. 4. If the Successful Bidder fails to comply with any of the terms and conditions of the Lease Agreement or any of the Successful Bidder's obligations under the Lease Agreement City therefore has the right to terminate the Lease Agreement, the City shall have the right to withdraw the principal sum of the Cash Bond without notice to the Successful Bidder, other than as may be provided by the terms of the Lease Agreement, together with any interest earned. 5. Upon satisfactory completion of all of Successful Bidder's obligations under the Lease Agreement and completion of the term of the Lease Agreement, the proceeds of the Cash Bond, together with all accrued interest, shall be disbursed to Successful Bidder and this Cash Bond Agreement shall be terminated. 3 G. I his Cash Bond Agreement Shall be governed bN, the laws of the Commonwealth of Virginia. phis Cash Bond Agrecmcnt mad be amended only by written amended executed by the Successful Bidder, and the City. 7. All capitali /ed terms not defined in the Cash Bond Agreement, shall have the meaning ascribed to such terms as set forth in the Lease Agreement. IN Wl "INESS WHEREOF, the Successlid Bidder, and City have executed this Cash Bond Agrecmcnt by their authori /ed representatives. SIGNATURLS APPEAR ON FOI LOWING PAGES 4 MILESTONE TOWER LIMITED PARTNF.RSIIIP - IV By: MILESTONE COMMUNICATIONS MANAGE:ME:N "I IV, INC., its general partner, a Delaware corporation By: — I.conard p as, Jr. P sider Date: 0 ! L Witnesslattest: r CITY OF RO RGINIA: By: . Robert S. Cowell, Jr., City Manager Witness, attest: beel Ci y Clerk Approved as to form /4r� k " / r' �s'sgiiis'ta`nt -City Attorney Adjoining Property Owners for 502 19th Street, S.E. (Official Tax Map No. 4310101) TAXID MailAddress MailCity State Zip LocalAddress LocalCity Zip Ownerl 4210333 2624 SALEM TPKE NW ROANOKE VA 24017 2034 INDIAN VILLAGE LN SE ROANOKE 24013 CITY OF ROANOKE REDEVELOPMENT AND HO 4210334 2624 SALEM TPKE NW ROANOKE VA 24017 2034 INDIAN VILLAGE LN SE ROANOKE 24013 CITY OF ROANOKE REDEVELOPMENT & HOUS 4210334 2624 SALEM TPKE NW ROANOKE VA 24017 2034 INDIAN VILLAGE LN SE ROANOKE 24013 CITY OF ROANOKE REDEVELOPMENT & HOUS 4210334 2624 SALEM TPKE NW ROANOKE VA 24017 2034 INDIAN VILLAGE LN SE ROANOKE 24013 CITY OF ROANOKE REDEVELOPMENT & HOUS 4210334 2624 SALEM TPKE NW ROANOKE VA 24017 2034 INDIAN VILLAGE LN SE ROANOKE 24013 CITY OF ROANOKE REDEVELOPMENT & HOUS 4210334 2624 SALEM TPKE NW ROANOKE VA 24017 2034 INDIAN VILLAGE LN SE ROANOKE 24013 CITY OF ROANOKE REDEVELOPMENT & HOUS 4210801 1420 BARGER RD SALISBURY NC 28146 0 WISE AV SE ROANOKE CORWIN MATTHEW J & DANA L 4210802 1420 BARGER RD SALISBURY NC 28146 1817 WISE AVE SE ROANOKE 24013 CORWIN 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2213 DALE AVE SE ROANOKE VA 24013 2213 DALE AVE SE ROANOKE 24013 TRUSTEES OF THE CHURCH OF GOD 9999999 THREE COMMERCIAL PL NORFOLK VA 23510 NORFOLK SOUTHERN RAILROAD 9999999 THREE COMMERCIAL PL NORFOLK VA 23510 NORFOLK SOUTHERN RAILROAD CITY OF ROANOKE PDV Attn Tina Carr STEPHANIE MOON CITY CLERK 215 CHURCH AVE, SW SUITE. 456 ROANOKE VA 24011 Date 10/08/2018 Category Legal Notices The Roanoke Times Roanoke, Virginia Affidavit of Publication Description Ad Size PUBLIC HEARING NOTICE An public hearings advertised her 1 x 133 L Publisher of the Roanoke Times Account Number 6011439 _ Date_r� October 02, 2018 1, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice PUBLIC HEARING NOTICE An was published in said newspapers on the following dates: 09/25, 10102/2018 The First insertion being given ... 09/25/2018 Newspaper reference: 0000824985 le), Billing Representative Sworn to and subscribed before me this Tuesday, October 2, 2018 Total Cost 1,282.96 I�VoNary Pub�c a �t5% ;tttr' }.1,`� State of Virginia NOTAR City /County of Roanoke : �-. ; My Commission expires RE G. = A REG. 7§3307,64 • �� kly COWIISSiOPJ ✓ ". v�hF LT WT THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU k' %lift }}}10 t'a PUBLIC NEARING NOTICE An 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 Planning, Building, & Development, first floor, Room 170, 215 Church Avenue, S.W.. Roanoke, Virginia. The City of Roanoke Planning Commission will hold a public hearing on October 8, 2018, at 1 :30 p.m., or as soon thereafter as the matters may be heard, to consider these applications: New Century Community Church Inc. requests to rezone property located at 4221 Melrose Avenue, N.W., Official Tax Map No. 2762801, from CG, Commercial - General District, to IN, Institutional District. Approval of this rezoning application from CG, Commercial- General District, to IN, institutional District, would allow for all of the church's facilities to be under one consistent zoning designation. The land use categories permitted in IN include accommodations and group living; commercial: assembly and entertainment: public, institutional and community facilities; transportatiom utility; agricultural; and accessory, with no maximum density specified and no maximum floor area ratio. The city's comprehensive plan designates the property for commercial use. A request by the City of Roanoke to consider an amendment to Vision 2001- 2020, the city's comprehensive plan, to vacate the public use of a portion of Preston Park and to release the public's right to use such portion of Preston Park to allow the construction, operation, and maintenance of a wireless telecommunications facility to allow a temporary change of use of public property for the term of the lease agreement on leased property, being a portion of city-owned property located at 3137 Preston Avenue, N.W, being Official Tax Map No. 2100601. A request by the City of Roanoke to consider an amendment to Vision 2001- 2020, the city's comprehensive plan, to vacate the public use of a portion of Fallon Park and to release the public's right to use such portion of Fallon Park to allow the construction, operation, and maintenance of a wireless telecommunications facility to allow a temporary change of use of public property for the term of the lease agreement on leased property, being a portion of city-owned property located at 502 19th Street, S.E., bearing Official Tax Map No. 4310101. City Council will hold a public hearing on the aforesaid applications nn October 15, 2018, at 7:00 p. m., or as soon thereafter as the matters may be, heard, in the City Council Chamber, fourth floor. Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Any person with a disability requiring any special accommodation to attend or participate in the public hearings should contact the City Clerk's office at (540) 853 -2541 at least five days prior to the scheduled public hearings. Stephanie M. Moon Reynolds, MMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold public hearings on October 10, 2018, at 1:00 p.m., or as soon thereafter as the matters may be heard, to consider these applications: Application by Galt Properties, LLC, for property located at 319 Mountain Avenue, S.W-, bearing Official Tax Map No. 1020812, for a special exception pursuant to Section 36.2.315, Zoning, Code of the City of Roanoke (1919), as amended. to establish a short -term rental. Application from Layman Memorial Baptist Church for property located at 1336. 1402, 0, and 0 Peters Creek Road. N.W., bearing Official Tax Map Nos. 2770201. 2770109, 2770110, and 2770111, respectively, for a special exception pursuant to Section 36.2.333, Zoning, Code of the City of Roanoke (1979), as amended, to change a nonconforming use in the floodway (eating establishment) to another use not generally permitted in the floodway (place of worship) on the property Donna M. Payne, Secretary. City Board of Zoning Appeals /8249851 Tina M. Carr, Secretary, City Planning Commission Z OCT- 3 ANN t t37 ri ��_ PUBLIC HEARING NOTICE PUBLIC I IF;ARING NOTICF; 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 Planning, Building, & Development,. first floor, Room 170, 215 Church Avenue, S.W.. Roanoke, Virginia. The City of Roanoke Planning Commission will hold a public hearing on October 8, 2018, at 1:30 p.m.. or as soon thereafter as the matters may be heard, to consider these applications: New Century Community Church Inc. requests to rezone property located at 4221 Melrose Avenue, N.W., Official Tax Map No. 2762801, from CG, Commercial- General District, to IN, Institutional District, Approval of this rezoning application from CG, Commercial- General District, to IN, Institutional District. would allow for all of the church's facilities to be under one consistent zoning designation. The land use categories permitted in IN include accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with no maximum density specified and no maximum floor area ratio. The city's comprehensive plan designates the property for commercial use. A request by the City of Roanoke to consider an amendment to J,ision 2001 -2020, the city's comprehensive plan, to vacate the public use of a portion of Preston Park and to release the public's right to use such portion of Preston Park to allow the construction, operation, and maintenance of a wireless telecommunications facility to allow a temporary change of use of public property for the term of the lease agreement on leased property, being a portion of eity- owned property located at 3137 Preston Avenue. N.W., being Official Tax Map No. 2100601. A request by the City of Roanoke to consider an amendment to f'ision 2001 -2020, the city's comprehensive plan, to vacate the public use of a portion of Fallon Park and to release the public's right to use such portion of Fallon Park to allow the construction, operation. and maintenance of a wireless telecommunications facility to allow a temporary change of use of Public property for the term of the lease agreement on leased property, being a portion of city - owned property located at 502 19 "' Street, S.F.., bearing Official Tax Map No. 4310101. Tina M. Carr. Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid applications on October 15, 2018, at 7:00 p.m.. or as soon thereafter as the matters may be heard, in the City Council Chamber, fourth floor. Room 450. Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Any person with it disability requiring any special accommodation to attend or participate in the public hearings should contact the City C'lerk's office at (540) 853 -2541 at least five days prior to the scheduled public hearings. Stephanie M. Moon Reynolds, MMC, City Clerk Tfie City of Roanoke Board of Zoning Appeals will hold public hearings on October 10, 2018, at 1:00 p.m., or as soon thereafter as the matters may be heard, to consider these applications: Application by Galt Properties, LLC, for property located at 319 Mountain Avenue, S.W., bearing Official Tax Map No. 1020812, for a special exception pursuant to Section 36.2 -315, Zoning, Code of the City of Roanoke (1979), as amended, to establish a short -tern rental. Application from Layman Memorial Baptist Church for property located at 1336, 1402, 0, and 0 Peters Creek Road, N. W., bearing Official Tax Map Nos. 2770201, 2770109, 27701 10, and 2770111, respectively, for a special exception pursuant to Section 36.2 -333, Zoning, Code of the City of Roanoke (1979), as amended, to change a nonconforming use in the floodway (eating establishment) to another use not generally permitted in the floodway (place of worship) on the property. Donna M. Payne, Secretary, City Board of Zoning Appeals Please publish in newspaper on Tuesday, September 25, 2018, and Tuesday, October 2, 2018. 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(Li;roanokcva.gov Donna M. Payne Secretary to the Board of Zoning Appeals Planning, Building, & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 166 Roanoke, VA 24011 540/853 -1730 donna.payne( roanokeva.gov Please send affidavit of publication to: Stephanie M. Moon Reynolds, MMC, City Clerk 215 Church Avenue, S.W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011 -1536 540/853 -2541 STF.PIIANIE M. MOON REYNOLDS, MMC Cite Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: derk(wroanokeva.gov October 1, 2018 Interested Party and /or Adjoining Property Owners Ladies and Gentlemen: CEC ELIA F. MCCOV Deputy Cite Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk A public hearing has been advertised to be heard by the City Planning Commission on Monday, October 8, 2018 at 1:30 p.m., in the EOC Conference Room, Room 159, First Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request by the City of Roanoke to consider an amendment to Vision 2009 -2020, the city's comprehensive plan, to vacate the public use of a portion of Fallon Park located at 502 191h Street, 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, October 15 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 October 8. 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, r!� Cecelia F. McCoy Deputy City Clerk Enclosure Interested Party/Adjoining Property Owners October 1, 2018 Page 2 PC: City of Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W... Roanoke, Virginia 24017 Matthew J. and Dana L. Corwin, 1420 Barger Road, Salisbury, North Carolina 28146 Peggy L. Mehl, 3656 Gaye Lane, S. W., Roanoke, Virginia 24018 Timothy A Fitzgerald, 233 Hershberger Road, N. W., Roanoke, Virginia 24012 William Taylor Stone, 4086 Bluebird Lane, Salem, Virginia 24153 Jack R. Woomer, P. O. Box 4290, Roanoke, Virginia 24015 Amber Nicole Stump, 1901 Wise Avenue, S. E., Roanoke, Virginia 24013 The 1905 Wise Avenue S.E. Land Trust, 4069 Postal Drive, Unit 21185 Roanoke, Virginia 24018 Robert O. Lavin, 1909 Wise Avenue, S. E., Roanoke, Virginia 24013 Maria Guadalupe Bautista, 1913 Wise Avenue, S. E., Roanoke, Virginia 24013 DOAK, LLC, 3002 Rosalind Avenue, S.W., Roanoke, Virginia 24014 Shelly R. Beard, 1921 Wise Avenue, S. E., Roanoke, Virginia 24013 Michael Carson Smoot, Jr., 1925 Wise Avenue, S. E., Roanoke, Virginia 24013 Joyce K. Holdren, 1929 Wise Avenue, S. E., Roanoke, Virginia 24013 John W. and Debra P. Gamble, P. O. Box 12034, Roanoke, Virginia 24022 BRANTRY, LLC, 2910 Fleetwood Avenue, S. W., Suite A, Roanoke, Virginia 24015 Yulandra Y. Livingston, 1949 Wise Avenue, S. E., Roanoke, Virginia 24013 H. Wayne and Diane O. Good, 59 Spoonbill Way, Key West, Florida 33040 CFR BEC, LLC, 11124 Kingston Pike #119-242, Knoxville, Tennessee 37934 Marcus Lockhart, 3526 Barberry Avenue, N. W., Roanoke, Virginia 24017 William and Sherrie Keith, 2013 Wise Avenue, S. E., Roanoke, Virginia 24013 Lupe O. Gross, 303 18th Street, S. E., Roanoke, Virginia 24013 Thomas G. Altizer, Sr., 309 18th Street, S. E., Roanoke, Virginia 24013 Umberto and Bertha G. Lombardo Life Estate, 313 18th Street, S. E., Roanoke, Virginia 24013 Kevin R Jackson, 409 18th Street, S. E., Roanoke, Virginia 24013 Craig T. Kemmerling and Shelia Gray, 411 18th Street, S. E., Roanoke, Virginia 24013 Bernard W. and Linda Faye Abbott, 420 18th Street, S. E., Roanoke, Virginia 24013 Jeffery W. and Peggy S. Stovall, 499 Olney Road, Vinton, Virginia 24179 Stephan A. and Jane B. Hoover, 3801 Electric Road, S. W., Roanoke, Virginia 24018 RLJ Properties, LLC, P. O. Box 20775, Roanoke, Virginia 24018 Crestbow Properties, LLC, 815 Eddies Road, Salem, Virginia 24153 Donnie A. Moore and Louann Averill, 1816 Stewart Avenue, S. E., Roanoke, Virginia 24013 Portelles Victor, 601 19th Street, S. E., Roanoke, Virginia 24013-1618 PAW217 Properties, LLC, 50 Park Lane, Hardy, Virginia 24101 Interested Party/Adjoining Property Owners October 1, 2018 Page 3 Commonwealth of Virginia, 215 Church Avenue, S. W., Room 250, Roanoke, Virginia 24011 Richard L. Watkins, 2137 Westover Avenue, S. W., Roanoke, Virginia 24015 Roanoke City Public Schools, Attn: Dr. Rita Bishop, 40 Douglass Avenue, N. W., Roanoke, Virginia 24012 CFR BEC, LLC, 11124 Kingston Pike #119-242, Knoxville, Tennessee 37934 John Milton and Judith G. White, 1907 Dale Avenue, S. E., Roanoke, Virginia 24013 MLJ Properties, LLC, P. O. Box 237, Salem, Virginia 24153 Devan R. Newman, 12059 Hardy Road, Hardy, Virginia 24101 Lois Hatcher, 1923 Dale Avenue, S. E., Roanoke, Virginia 24013 Donald W. and Izetta Williams, 1929 Dale Avenue, S. E., Roanoke, Virginia 24013 Walter Elbing and Mary E. Blackwell, 1903 Dale Avenue, S. E., Roanoke, Virginia 24013 Roy M. Workman, 105 North Wills Avenue, Covington, Virginia 24426 Jennifer N. Hanger, 1019 Highland Avenue, S. E., Roanoke, Virginia 24013 Herbert R. Tolley, 2005 Dale Avenue, S. E., Roanoke, Virginia 24013 William C. Johnson & Sons Properties, 1086 Blandford Avenue, Vinton, Virginia 24179 William D. Wallace, Jr., 2015 Dale Avenue, S. E., Roanoke, Virginia 24013 Edward L. and Sarah B. Spencer, 60 Almounds Way, Magnolia, Delaware 19962 Leona H. Hill, 2027 Dale Avenue, S. E., Roanoke, Virginia 24013 James Robert Shively, P.O. Box 8691, Roanoke, Virginia 24014 Carolyn D. Haga, 2035 Dale Avenue, S. E., Roanoke, Virginia 24013 Florencio Lemus, 2039 Dale Avenue, S. E., Roanoke, Virginia 24013 Richard A. Barbour, 3096 Pendleton Road, Thaxton, Virginia 24174 E. Warren Kane, Jr., 2045 Dale Avenue, S. E., Roanoke, Virginia 24013 John D. Christman, 120 Thorn Drive, Hardy, Virginia 24101 Le Rochet, Inc., 3505 Farmington Drive, Roanoke, Virginia 24018 Trustees of Sheet Metal Workers Local Union, P. O. Box 339, Vinton, Virginia 24179 E. B. Knighton, 4457 Brambleton Avenue, S. W., Roanoke, Virginia 24018 Hollywood Wnm Dale, LLC, 399 Camino Gardens Blvd #308, Boca Raton, Florida 33432 Parkside Express Wash, LLC, 133 Kirk Avenue, S. W., Roanoke, Virginia 24011 JETR, LLC, 133 Kirk Avenue, S. W., Roanoke, Virginia 24011 Parkside Storage, LLC, 133 Kirk Avenue, S. W., Roanoke, Virginia 24011 Realty Income Properties 19, LLC, P. O. Box 1017, Charlotte North Carolina 28201 Trustees of the Church of God, 2213 Dale Avenue, S. E., Roanoke, Virginia 24013 Norfolk Southern Railroad, Three Commercial Place, Norfolk, Virginia 23510 STEPHANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerkoroanokeva.gov October 17, 2018 Adjoining Property Owners and Interested Parties Roanoke, Virginia Ladies and Gentlemen: CECELIA F. MCCOY Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk I am enclosing copy of Ordinance No.41293- 101518 amending Vision 2001 -2020, the City's Comprehensive Plan, by .temporarily vacating as a public park for recreational use and open space uses, and releasing the public's right to use the approximately 0.062 acre portion of Preston Park, as set forth in the City's application dated September 17, 2018, for such period of time as the lease term or any extensions of the Lease between the City and Milestone Communications Limited Partnership — IV, and after such lease term and or extension of the Property shall revert back to become a public park for recreation and open space uses. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, October 15, 2018, and is in effect upon passage. Enclosure pc: P & J, LLC, 940 Camney Lane, Vinton, Virginia 24179 Enterprise Investments, Ltd., 1260 Trapper Circle, N. W., Roanoke, Virginia 24012 Jaffrey Center, Inc., 3031 Preston Avenue, N. W., Roanoke, Virginia 24012 Farrell Properties -L, LLC, P. O. Box 12608, Roanoke, Virginia 24012 Raymond C. Woodward, 3201 Trinkle Avenue, N. W., Roanoke, Virginia 24012 Adjoining Property Owners and Interested Parties October 17, 2018 Page 2 pc: Covar H. Gardner, 3202 Trinkle Avenue, N. W., Roanoke, Virginia 24012 Fred S. and Jean D. Gobble, 3210 Trinkle Avenue, N. W., Roanoke, Virginia 24012 Kennith N. and Martha J. Grimes, 4527 Oakland Boulevard, N. E., Roanoke, Virginia 24012 Jeanne F. Hall, 3201 Christian Avenue, N. W., Roanoke, Virginia 24012 Bowman Properties, LLC, 4728 Starkey Road, S. W., Roanoke, Virginia 24018 Robert T. Talton, 3301 Preston Avenue, N. W., Roanoke, Virginia 24012 The Honorable Brenda Hamilton, Clerk of the Circuit Court Robert S. Cowell, Jr., City Manager R. Brian Townsend, Assistant City Manager for Community Development Chris Chittum, Director, Planning, Building, and Development Katharine Gray, Land Use and Urban Design Planner Luke Pugh, City Engineer Amelia C. Merchant, Director of Finance Susan Lower, Director of Real Estate Valuation Daniel J. Callaghan, City Attorney Timothy Spencer, Senior City Attorney Tina Carr, Secretary, City Planning Commission �v IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of October, 2018. No. 41293 - 101518. AN ORDINANCE amending Vision 2001 -2020, the City's Comprehensive Plan, by temporarily vacating and releasing the public's right to use an approximately 0.062 acre portion of Preston Park (the "Property "); and dispensing with the second reading of this ordinance by title. WHEREAS, the City received an unsolicited proposal from Milestone Tower Limited Partnership — IV ( "Milestone ") to lease the Property to construct a wireless telecommunications facility and received a bid for such lease; WHEREAS, on July 11, 2018, the Board of Zoning Appeals held a public hearing and unanimously approved a special exception for a ninety (90) foot tall monopole wireless telecommunications facility; WHEREAS, on August 20, 2018, City Council held a public hearing, and authorized execution of the lease agreement, and entered into the lease agreement with Milestone on August 28, 2018 ( "Lease "); WHEREAS, Preston Park is shown in Vision 2001 -2020, the City's Comprehension Plan, as a public park; WHEREAS, to allow construction, and subsequent operation and maintenance of the wireless telecommunications facility, it is necessary to temporarily vacate and release the public's right to use the Property; WHEREAS, the City of Roanoke filed an application with the Council of the City of Roanoke, Virginia ( "City Council "), in accordance with law, requesting City Council to amend Vision 2001 -2020, the City's Comprehensive Plan, by temporarily vacating and releasing the public's right to use the Property for the term of the Lease; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by Section 15.2 -2232 of the Code of Virginia (1950), 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 October 15, 2018, after due and timely notice thereof as required by Section 15.2 -2232, of the Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; 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 and general welfare, require the temporary vacation and release of the public's right to use the Property, and for those reasons, is of the opinion that the hereinafter described application should be granted. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The 0.062 acre portion of Preston Park as identified in the City's application dated September 17, 2018 (the "Property "), to this Council is temporarily vacated as a public park for recreational and open space uses, and the public's right to use the afore - referenced portion of Preston Park is temporarily released, for the term of the Lease and any extensions thereof. 2. The City Manager is authorized to execute any and all documents, the form of all such documents to be approved by the City Attorney, and to take any other actions consistent with the intent of City Council as evidenced by the adoption of this Ordinance. 01 3. Vision 2001 -2020, the City's Comprehensive Plan, is hereby amended to reflect the temporary vacation and release of the public's right to use the Property as set forth in the City's application dated September 17, 2018, for such period of time as the lease term or any extensions of the Lease between the City and Milestone and after such lease term and or extensions the Property shall revert back to become a public park for recreation and open space uses. 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: 7i �a�— 1Y)' City Clerk. Vacate portion of Preston Park 10.15.18.doc 3 s, � • e CITY COUNCIL AGENDA REPORT d, To: Honorable Mayor and Members of City Council Meeting: October 15, 2018 Subject: A request by the City of Roanoke to consider an amendment to Vision 2001 -2020, the city's comprehensive plan, to vacate the public use of a portion of Preston Park and to release the public's right to use such portion of Preston Park to allow the construction, operation, and maintenance of a wireless telecommunications facility to allow a temporary change of use of public property for the term of the lease agreement on leased property, being a portion of city -owned property located at 3137 Preston Avenue, N.W., bearing Official Tax Map No. 2100601. Summary: The Planning Commission held a public hearing on October 8, 2018. By a vote of 6 -0, the Commission recommends approval of the amendment to Vision 2001 -2020, the city's comprehensive plan, to vacate the public use of a portion of Preston Park and to release the public's right to use such portion of Preston Park to allow the construction, operation, and maintenance of a wireless telecommunications facility to allow a temporary change of use of public property for the term of the lease agreement on leased property, being a portion of city -owned property located at 3137 Preston Avenue, N.W., bearing Official Tax Map No. 2100601. Background: As you are aware, City Council received an unsolicited proposal from Milestone Tower Limited Partnership - IV (Milestone) to lease an approximately 0.062 acre portion of the park to construct a wireless telecommunications facility and received a bid for such a lease. On .July 11, 2018, the Board of Zoning Appeals held a public hearing and unanimously approved a special exception for a 90- feet tall monopole wireless telecommunications facility. Subsequently, City Council held a public hearing on August 20, 2018, and authorized execution of the lease agreement. On August 28, 2018, the City entered into a lease agreement with Milestone. The subject property, as shown on Attachment A, will be enclosed by a fence and will not be accessible to the public. In accordance with Section 15.2 -2229 of the Code of Virginia (1950), as amended, City Council, via the city administration asked the Planning Commission to consider an amendment of the comprehensive plan, Vision 2001 -2020, to vacate the subject area of the park and release the public's right to use that portion of Preston Park for the duration of the lease agreement. Comments on Application: There was general discussion of the process that led to the lease during the Planning Commission work session related to configuration /design of the facility and how the lease was structured (e.g., duration, etc.). Conclusions and Recommendations: Planning Commission recommends approval of the amendment to Vision 2001- 2020 to vacate the subject area of the park and release the public's right to use that portion of Preston Park for the duration of the lease agreement. q" � - �Y"- � I-1-i - James E. Smith, Chair City Planning Commission Enclosure: Attachment A, Zoning District Map Distribution: Robert S. Cowell, Jr., City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning, Building, & Development Daniel J. Callaghan, City Attorney Timothy R. Spencer, Senior Assistant City Attorney 2 ATTACHMENT A ZONING MAP EXCERPT 3137 PRESTON AVENUE, N.W. OFFICIAL TAX MAP NO. 2100601 )gend =Subject Property MX(c)'. Mixed Use Conditional ruing MXPUD: Mixed Use Planned Unit Dev )NING MXPUD(c): Mixed Use Planned Unit Dev Conditional AD: Airport Dev R-12: Res Single -Family aiAD(c): Airport Dev Conditional R- 12(c): Rea Single - Family Conditional 0 CG: Commercial - General R -3: Res Single -Family IL CG(c) : Commercial-General Conditional t —_R-3(b) Res Single- Family Conditional 0 CLS', Commercial -Large Site R-5: Res Single - Family ILCLS(c). Commercial -Large Site Conditional L sa RS(c). Res Single -Family Conditional :� CN: Commercial - Neighborhood R -7: Res Single - Family CN(c): Commercial - Neighborhood Conditional t R- 7(c)'. Res Single-Family Conditional ■ D: Downtown RA: Res - Agricultural ILD(c): Downtown Conditional t i . Res-Agricultural Conditional ■ I -): Light Industrial RM -i', Res Mixed Density IL I-1(c) Light Industrial Conditional r� RM -t(c). Res Mixed Density Conditional ■ 1 -2: Heavy Industrial RM-2: Res Mixed Density IL I-2(c): Heavy Industrial Conditional ` r RM -2(<): Res Mixed Density Conditional IN Institutional '": Rul Res MWamily IN(c)'. Institutional ConditonalRMF(c)', Res Multifamily Conditional INPUD: institutional Planned Unit Dev ROS. Recreation and Open Space Institutional Planned Unit Dev Conditional ROS(c): Recreation and Open Space Conditional PUD: Industrial Plannetl Unit Dev tIi - UF. Urban Flex PUD(c)'. Industrial Planned Unit Dev Conditional UF(c): Urban Flex Conditional MX: Mixed Use Fllodplain Overlay, F N 0 37.575 150 Feet 1 inch = 150 feet C +FICt GI itIriCITYMANAUR \nrl l I <p L:r hJunr.ipol 1{uddmr 1 S 1. Inn; -h \,Iltw, ti \\ Room 1n t km o;k,: A uguna AM I September 17, 2018 Roanoke City Planning Commission c/o Ian Shaw, Agent of the Planning Commission Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Room 170 Roanoke, Virginia 24011 Re: Application for vacation of a portion of Preston Park and to release the public's right to use an approximately 0.062 acre portion of Preston Park on real property owned by the City of Roanoke, such real property located at 3137 Preston Avenue, N.W., and designated as Official Tax Map No. 2100601. Dear Planning Commission: Preston Park (Park) is an open air park which contains an indoor Recreation Center and various other outdoor play /recreation sites such as basketball and tennis courts. The Park consists of a parcel of real property situated at 3137 Preston Avenue, N.W., bearing Official Tax Map No. 2100601. The Park is shown in Vision 2001 -2020, the City's Comprehensive Plan, as a public park. The City Council entertained a proposal from Milestone Tower Limited Partnership- IV (Milestone) for the leasing of a 0.062 acre portion of the Park (Leased Property) located in its far southwestern corner for the development, installation, operation and maintenance of a Wireless Telecommunications Facility, and received a bid from Milestone regarding the use of the portion of the Park. On July 11, 2018, the City of Roanoke Board of Zoning Appeals held a public hearing, and unanimously approved the application of Milestone for a Special Exception for a Wireless Telecommunications Facility, subject to certain conditions as contained in the application, as amended. Subsequently, City Council held the required public hearing on the bid received for the Leased Property on August 20, 2018, and City Council, by adoption of Ordinance No. 41233 - 082018, accepted the bid of Milestone. On August 28, 2018, the City entered into a Lease Agreement with Milestone to lease the Leased Property for an initial term of ten (10) years, with up to five (5) five year extension terms for a maximum term of 35 years. Upon initiation of the project, Milestone will pay the City a one -time site fee of $25,000.00, and a monthly lease rate equal to forty percent (40 %) of Gross Revenues derived from the use and occupancy of the Leased Property and platforms on the installed telecommunications facility. The minimum monthly rent to be paid to the City shall be $1,000.00. In addition, as additional provider platforms are added to the facility, Milestone will pay the City a one -time co- location fee of $5,000.00 per provider. All revenue derived by the City from the Lease Agreement will be directed to support the operations of the Department of Parks and Recreation. A copy of the executed Lease Agreement is attached to this application for the Planning Commission's information. The City Administration files this application pursuant to Section 15.2 -2232 of the Code of Virginia (1950), as amended, requesting that the 0.062 acre portion of the Park be vacated and that the public's right to use such portion of the Park be released for the term of the Lease Agreement. Such action is necessary to allow the City to lease the Leased Property or otherwise to perform any obligations provided for in the Lease. City Council authorized the filing of this application at its meeting on September 17, 2018. Accordingly, the City Administration respectfully requests that this matter be scheduled for the City Planning Commission's October 8, 2018 meeting, and that the City Planning Commission recommend to City Council that the 0.062 acre portion of the Park identified herein be vacated as a public park and that the public's right to use the portion of the Park be released for the term of the Lease Agreement. Res ul y ubmitted, e well, jr. City Manager Attachment Cc: R. Brian Townsend, Assistant City Manager for Community Development Chris Chittum, Director of Planning, Building, and Development Tina Carr, Planning Coordinator / Secretary to the Planning Commission Daniel J. Callaghan, City Attorney Laura M. Carini, Assistant City Attorney Michael Clark, Director, Parks and Recreation r STE VICINfrY MAP A SITE PLAN NOTES LAE TYPES LEGEND E ja SITE PLAN ME- V/ entrex Milestone MUN-A N PRESTON PARK M37 PRESTON AMNIN ROME, VA 2IM2 SITE PLAN L-1 �W V/ entrex Milestone MUN-A N PRESTON PARK M37 PRESTON AMNIN ROME, VA 2IM2 SITE PLAN L-1 DEED OF LEASE AGREEMENT S[rt. Preston Part. 3137 Preston Ave NW Roanoke, VA 24012 HIS DEED OF LEAST- AGREEMEN I (this "Lease "), made and entered into this day of 2018, by and bctween the City of Roanoke, Virginia, a Municipal CorporationCommonwealth of Virginia, with an address of 215 Church Avenue, S.W., Room 364, Roanoke, Virginia, 24011, herein referred to as "Lessor" and "City" and Milestone Tower Limited Partnership - IV, a Delaware limited partnership, with an address of 12110 Sunset Hills Road, Suite 100. Reston, VA 20190, herein referred to as "Lessee" and "Milestone" recites and provides as follows: RECITALS 1. Lessor is the owner of the parcel of improved real estate located in the City of Roanoke, Tax Map Parcel 2100601, located at 3137 Preston Ave NW, Roanoke, VA 24012 and described in Exhibit A attached hereto and incorporated herein by reference (the "Site "). 2. Milestone is a corporation duly organized, validly existing and in good standing under the laws of the Commonwealth of Virginia, and is duly authorized to do business in the City of Roanoke, Virginia; and has all requisite power and authority to accept, execute, deliver and perform this Lease and all agreements entered into or delivered in connection with or as contemplated hereby. 3. Lessee intends to construct a free- standing monopole satisfying the requirements of this Lease and all applicable laws (the "Monopole "), and to lease from Lessor land on which Lessee intends to construct an equipment compound of approximately two thousand seven hundred and thirty six (2,736) square feet as described and shown on Exhibit A -I attached hereto and made a part hereof for the installation of equipment operated by Lessee or the Carriers (as defined below) on the Site (the "Compound "). Lessee intends to lease space on the Monopole and in the Compound to telecommunications or other wireless communications providers (the "Carriers" and each individually, a "Carrier ") in compliance with the terms hereof. Such Carriers may install antennas on the Monopole and construct equipment platforms (each, an "Equipment Platform") to support their communications equipment within the Compound (the Monopole, the Compound, each Equipment Platform and all antennas, dishes, lines, cables and other equipment or items shall collectively be referred to herein as the "Base Station" or "Facilities") 4. The parties now desire to set forth the terms pursuant to which Lessor shall lease a portion of the Site to Lessee for the purposes just described. NOW, THEREFORE, in reliance of the Recitals set forth above and for and in consideration of the mutual agreements set forth below and other good and valuable cunsidewtion, the receipt and sufficiency of which are herebti acknowlcdgted, the parties agree to rntcr into this indenture as lollow�. I LASE AGREEMENT a Subject to and in accordance with the provisions of this Lease, I essor hereby (case~ to Lessee and Lessee hereby leases from Lessor that space within the Site comprising two thousand seven hundred and thirty six (2,736) square foot parcel of ground as described and show on L -.xh,ibit A -1 attached hereto and made a part hereof and designated as the "Lease Area" ((lie "Lease Area "), which, together with the Appurtenant basements (defined in Section 2), shall be referred to collectively as the "Leased Premises." Subject to and in accordance with the provisions of this Lease, the City hereby grants to Milestone the nonexclusive right, privilege, franchise, and authority, to install, operate, and maintain a telecommunication Monopole and ground telecotrununications equipment on the Site, and to lease space on the Monopole and the I eased Premise~ to Carriers b Except for those portions of' the Leased Premises that are fenced with the permission of City (which portions shall generally be the area immediately surrounding the Compound) and the actual space occupied by the Monopole (the "Exclusive Leased Premises "), the Leased Premises shall be demised to Milestone on a non - exclusive basis. City and its invitees, pernittees, agents and contractors expressly reserve the right to have, and shall have. free and full use of the Non - Exclusive Leased Premises, including, without limitation, the right of pedestrian and vehicular ingress and egress over and through the Non - Exclusive Leased Premises in accordance with the terms hereof Milestone and Carriers shall erect no signs on the Site except on the Exclusive Leased Premises or with the City's prior express permission in writing. This Lease grants Milestone no right to use City owned useable antenna support structures such as City -owned water tanks, buildings, etc or other structures, facilities or equipment belonging to City except as expressly stated herein C. Lessee acknowledges that with the exception of the air space over the land actually occupied by the Monopole, the Leased Premises shall include the air rights over the land only to a height of fifteen (15) feet above ground level. Lessor and Lessee acknowledge that the exact location of the Leased Premises is, as of the date of the execution hereof, the parties current intent with respect thereto, however the final location may be subject to modification (by agreement of the City Manager and an authori/ed agent of Milestone) based upon Lessee's governmental approval process. Lessee and 1 essor therefore each covenant and agree, subject to each party's approval as required in the immediately preceding sentence, to execute an addendum hereto at such time as the final location of the Leased Premises is detennined in the e,ent that such location differs from that as set forth on Exhibit A- I Lessee hereby accepts the Leased Premises "AS IS" and in its present condition without any representation or warranty of Lessor except any that may be expressly set forth in this Lease d Notwithstanding the foregoing, Lessee acknowledges and agrees that it is solely responsible for performing all necessary due diligence regarding the Site and the Leased Premises. including confirming by way of a title report and examination that Lessor holds legal title to the Site and that no matters affecting title to the Site prohibit, impair or require third party consent to the leasing of the Leased Premises to Lessee, the construction of the improvements _2- contemplated hereunder or any other matter relating or pertaining to this Lease (the "Due Diligence Matters ") In no cent shall Lessor ha%e any responsibility, for or liability with respect to the Due Diligence Matters. all of which are hereby waived by Lessee. Lessee agrees to strictly comply, at its sole cost and expense. with all recorded documents, instruments and agreements affecting title to the Site, and defend, indemnify and hold harmless Lessor against any cost, expense, claim, demand, obligation, cause of action or liability with respect to any violation thereof by Lessee or its agents or sublessees. e. Until the tennination or expiration of this Lease, title to the Monopole and the portions of the Base Station owned by Lessee shall remain w ith Lessee, except that, title to the Monopole and or those portions of the Base Station owned by Lessee that Lessor has required to remain on the Leased Premises shall, at the option of Lessor, vest in Lessor after the termination or expiration of this Lease, and Lessee agrees to promptly execute such further assurances thereof as shall be requested by Lessor. f. Lessee acknowledges and understands that Preston Park is subject to various deed restrictions. Lessee agrees that, at Lessee's sole expense, if Lessee's use of the Site is challenged due to the decd restrictions, Lessee shall be solely responsible for all costs, including court costs and attorney's fees, in seeking to defend the challenge. Lessee shall defend, and indemnify Lessor and hold it harmless against any claims, damages, losses or liabilities (including attorney's fees) incurred by Lessor and arising from any challenge to the Lessee's use of the property. g. It is the intention of Lessor and Lessee that this Lease constitutes an exclusive relationship as it pertains to the construction of telecommunications monopoles and the leasing of space thereon to telecommunications service providers on the Site. Lessor agrees that it shall not, during the ten-n, lease, license or grant any interest in any portion of the Site to any telecommunications or other wireless service provider, or to any party constructing monopoles for [case to telecommunications or wireless service providers, other than Lessee, except as may be permitted in accordance with Section NO below . h. As a condition precedent to City's obligation to lease the Leased Premises or otherwise to perform any obligations provided for in this Lease and to Milestone's obligation to lease the Leased Premises, City Council shall release City's right to maintain and operate the portion of Preston Park described herein as the Leased Premises at the Site (the "Council Release "). Upon notification from Milestone that Milestone intends to proceed with the lease, City shalt initiate appropriate proceedings as required by applicable laws of the Commonwealth of Virginia and ordinances of the City to request City Council to consider the release of City's right to operate the portion of Preston Park described herein as the Leased Premises at the Site. EASEMENT'S SERVING LEASED PREMISES: a. Lessor hereby grants to Lessee the easements specified and described herein and in the exhibits hereto as needed to install, operate, and maintain telecommunication, Monopole and ground telecommunications equipment as easements appurtenant to the leasehold granted to Lessee in this Lease (such easements collecti� ely, the "Appurtenant Easements). With the -3- exception off cssee's grant of use of the Appurtenant Fasements to Carriers and utility providers (as applicable), the Appurtenant Fasentents may not be assigned or otherwise transferred in whole or in part separately Crum the leasehold granted under this Lease, and any such attempted assignment or transfer shall be void I Lessor grants Lessee a nonexclusive, temporary construction easement of var)ing dimensions o�cr, on, and through adjoining and adjacent portions of the Site, as shown on I,xhibit B (Temporary Construction Easement) and identified as the "Temporary Construction Fasement ", for construction and installation of the Base Station upon the Leased Premises. Such temporary construction casement shall terminate upon the completion of Lessee's construction described in Section 7 provided that such term shall be extended for such period of time as Lessee may be prevented from constructing the Base Station by reason of torce majeure, and may be extended for such further period as Lessor in its discretion may agree in writing. it. Lessee shall be permitted the non - exclusive use of a right-of-way having the location and up to 10' feet in width as shown and described on Exhibit B (Utility Easement) hereof as the "Utility Easement," or such other right -of -way of similar dimensions as Lessor may designate during the term of this Lease, to construct, erect, install, operate and maintain underground communication cables (including fiber), from the Leased Premises, over, across and through that portion of the Site designated on Exhibit B ( Utility Easement). iii. Lessor hereby agrees to grant to the local utility and telephone companies, on tcmis acceptable to lessor in its reasonable discretion, the non- exclusive easements and rights -of way having the location and up to 10' feet in width as shown and described on Exhibit B to construct. maintain, operate and repair communication, electric power, lines, natural gas, conduits and systems over those portion~ of the Site designated on Exhibit B (Utility Easement) hereof and described as the "Utility Fasement," or such other right -of -way of similar dimensions as Lessor may designate during the term of this Lease, and the right -of -way of l essee provided for in Subsection 2 a(ii) during the term of this Lease for purposes of installation and pro%ision of telephone, and electric service to the Base Station iv Lessor hereby grants Lessee a non - exclusive easement and right -of -way having the location and width as shown and described on Exhibit B for ingress to and egress from the Leased Premises by Lessee and the Carriers, for vehicular traffic for constructing, installing, maintaining, operating and repairing the Base Station. over that portion of the Site designated on Exhibit B (Access Easement) hereof and described as the `'Access Easement ", or such other right -of -way of similar width as may be designated by Lessor to provide such access to the Leased Premises and the Base Station In the event that Lessee damages any grassed area with its service and or construction vehicular traffic, Lessee will promptly re -sod the disturbed areas b Lessor shall have the right to direct Milestone to relocate any of the Appurtenant Easements (provided that there shall be no termination thereof, and no interruption of service or access as a result thereof other than such short term interruption as is necessary to effectuate the physical relocation, provided that Lessor and Lessee shall attempt to ensure that the replacement Appurtenant Easement is in place prior to such relocation such that any such interruption shall be as minimal as reasonably practicable) If such relocation occurs within the first fifteen (15) years 4- after the installation of utilities or facilities therein, such relocation shall be at Lessor's expense. thereafter. such relocation shall be at Lessee's expense C. With the exception of the temporary construction easement provided for in Section 2 a(i), which may expire sooner as provided in such section, and any utility easements to third -party utility or power companies, which shall expire in accordance with their terms. the term of all Appurtenant Li.ascments shall automatically expire upon termination of this Lease without the need for further act of any party. Notwithstanding the foregoing, if requested by Lessor, Lessee shall execute and deliver to Lessor, in recordable form, such documents as Lessor may request to evidence of record the termination of all Appurtenant Easements as just provided. Such documents may be recorded, and if they are recorded, they will be at Milestone's sole expense. 3. USE OF LEASED PREMISES: a. Lessee shall use the Leased Premises solely for construction, operation and leasing of the Base Station as provided herein, and shall use the Appurtenant Easements solely for the applicable purposes described in Section 2. Lessor makes no representation or warranty whether such use is permitted by any laws or regulations applicable to the Leased Premises, and Lessee is solely responsible for determining whether such use is permitted, and for securing all necessary licenses, pen-nits and approvals therefor. b. Notwithstanding any other provision of this Lease, Lessee acknowledges Lessor's use of the Site and that Lessee's rights under this Lease (and, accordingly, any Carrier rights under a Carrier Sublease (as defined below)) are subject and subordinate to Lessor's use and operation of the Site. Accordingly, in exercising their rights under this Lease, Lessee shall use its best efforts to avoid any adverse construction, operational or other such impact on the Site or Lessor's use and operation thereof, whether such impacts arise from work or activities being performed or undertaken on or off of the Site (utility outages arising from off -site utility relocation, for example), and, notwithstanding any other provision of this Lease, Lessee will use its best efforts to cause such entry, work or activities to be performed or undertaken at such times, and to occur in such manner, as Lessor may require, in its reasonable discretion, to avoid any adverse impacts to the Site or Lessor's use thereof. Further, Lessee agrees that it will cause each Carrier to comply with the provisions of this Section 3. Pursuant to the provisions of Section 8b, Lessee shall be responsible for repairing all damage to the Base Station, the Leased Premises or the Site caused by Lessee or any of Lessee's employees, contractors or agents. In case of emergencies threatening life or safety or any component of the Base Station, Lessee may enter the Leased Premises without prior notice to Lessor, provided Lessee notifies Lessor of such entry, and the nature of the work performed or undertaken as a result of such emergency, as soon as practicable after Lessee's entry. Notwithstanding the foregoing, Lessee shall have the right to make customary and routine inspections of the Leased Premises upon one (1) business day prior notice, provided that (i) such entry is only for the purpose of inspecting the Leased Premises, conducting routine maintenance and repairs (provided such maintenance and %or repairs do not require alteration of the structural elements to the Base Station or the Monopole or the addition or substitution of any electrical cabinet or equipment shelter) and (ii) the worker or workers who - 5 - male such inspections check -in with the appropriate personnel at time Site prior to accessing the I eased Premises and, in all cases, follow all procedure~ required by Site personnel c The City, or any other govcrnnmental agency that the City is a member of, shall be permitted to lease, without the requirement for payment of any compensation to Milestone, one (t) platform on the Monopole (which [case shall include a ground location for the City, to construct a facility to install its ground based facilities appurtenant thereto) at locations on the ground and on the Monopole mutually agreed upon by the City and Milestone; provided that (i) in no event shall any such use of the Monopole by the City be for commercial purposes or for I TE antennas, (ii) the vertical envelope or the equipment installed by the City shall not exceed ten (10) feet, (iii) the total effective wind load of the City's equipment shall not exceed twenty (20) square feet of effective projected area, (iv) the total weight of the City's equipment shall not exceed three hundred (300) pounds, (v) the height of the City's equipment on the Monopole shall reasonably agreed upon between the City and Milestone and shall be subject to the location of the Carriers and any other regulatory limitations (i.e. limitations set forth by the FAA, FCC and other federal, state or local government authorities having jurisdiction over the Monopole), and (vi) the transmissions do not interfere with those of any Approved Carrier on the Site (or under a letter of intent) at the time such lease is granted. Further, City shall be entitled to lease space within the Site to any other governmental agency for construction of a monopole for its own use (but not for commercial resale). in accordance with Section 10 hereof. Notwithstanding anything to the contrary contained herein, the size, type, number, height and weight of the City's antennas, facilities, shelters, platforms and any other equipment to be installed by the City within the limitations set forth above is subject to Milestone's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. 4. TERM a. The terns hereof shall be for an initial term often (10) years, with up to five (5) 5- year extension terms, commencing on the date of the final execution and delivery hereof (the "Commencement Date "). The term hereof shall be automatically extended as of the expiration of the then current term unless Lessee provides thirty (30) days advance written notice of its intent not to so renew the term hereof. Notwithstanding the foregoing, if' the Monopole is not constructed within twelve (12) months after the date Milestone obtains all required governmental approvals and permits, this Lease may be terminated by City with thirty (30) days written notice to Milestone. Further, in the event that at any time after the initial construction of the Monopole on the Site, the Monopole remains vacant Cz.e ., with no Carrier Sublease applicable thereto) or no Carrier is paying rent therefor for a period of twelve (12) consecutive months, this Lease may be terminated by City with thirty (30) days written notice to Milestone. In the event that City elects to terminate this Lease due to the conditions described in the pre'. ious two sentences, then during the sixty (60) day period after receipt of City's termination notice, Milestone shall be permitted to elect to pay the City the amount that would have been due i f one (1) Carrier Sublease was executed and paying full rent and, if Milestone begins the payment of such amount prior to the date that is sixty (60) days after receipt of City's termination notice, then City's termination notice shall be deemed null and void and the lease for the site shall continue in full force and effect. Lessee may terminate this Lease with sixty (60) days prior notice to Lessor if (i) Lessee is unable to obtain or maintain in force all necessary governmental approvals, ii) a material change in government regulations makes it impractical or uneconomic for Lessee to continue to -6- operate the Facilities under this Lease, (iii) interference by or to Lessee's operation cannot, despite good faith negotiations between Lessee and Lessor in accordance with the terms hereof, be resolved, (iv) Lessee is unable to lease space within the Base Station for a period in excess of melve (12) consecutive months, or (v) the Site or the Facilities are destroyed or damaged or taken in whole or in part (by condemnation or otherwise) sufficient in Lessee's reasonable Judgment. adversely to affect Lessee's use of the Site If this Lease is renewed, then all covenants, conditions and terms will remain the tame b. At the end of the term of this Lease, whether by the passage of time or the exercise by any party of any right of tennination, Lessee shall surrender the Leased Premises to Lessor in the condition specified in this Section 4b. Within sixty (60) days after the end of the teen of this Lease, Lessor shall notify Lessee of its election to (1) have Lessee dismantle and remove the Base Station, or any component thereof, including, but not limited to, any or all of Lessee's facilities from the Leased Premises and the Site, and return to the Site's original condition (except for underground improvements and cables as described below), or (ii) have the Monopole and/or Base Station (other than those portions of the Base Station owned by the Carriers) remain on the Leased Premises. If Lessor fails to make such an election within the sixty (60) day period, Lessee shall inform Lessor in writing, and Lessor shall have an additional thirty (30) days to make the election. If Lessor fails to make an election, it shall be deemed to have elected option (i). If Lessor elects or is deemed to elect option (i), Lessee shall promptly (and in any event within ninety (90) days) remove the designated facilities from the Site, at Lessee's sole cost and expense, and return to the Site's original condition; provided, however, that Lessee shall be entitled to leave in place underground cables and any other improvements which are two (2) feet or more below grade It' Lessor elects option (ii), title to the facilities designated by Lessor shall immediately vest in Lessor, without the necessity of further action by Lessor or Lessee. Notwithstanding the foregoing, if so requested by Lessor, Lessee shall execute such further assurances thereof as shall be requested by Lessor. Further, nothing herein contained shall be deemed to prohibit or restrict any Carrier from removing its equipment to the extent permitted to do so under any Carrier Sublease. C. Subject to Section 4h, the Base Station, including the Monopole, and other equipment, shall during the term of this Lease be deemed the personal property of Lessee and or the Carriers, as applicable. 5. RENT & ACCESS FEE- a Beginning on the Commencement Date, and thereafter on the tenth day of each calendar month during the term and any extension term of this Lease, Lessee shall pay to Lessor, in legal tender of the United States of America without demand, setoff or deduction whatsoever. as monthly rent for the Leased Premises, an amount equal to forty percent (40 0'0) of the Gross Revenues (as defined below) derived from the use, leasing or occupancy of any portion of the Monopole or Base Station for the preceding calendar month. In no event will Milestone's payment to City under this provision after any Carrier starts rent payments be less than one thousand dollars ($1,000.00). The term "Gross Revenues" shall mean all revenue actually collected by Lessee from Carriers with respect to the Site (other than any reimbursement being made to Lessee by a Carrier in connection with construction of the Base Station, Monopole (including, if necessary, the costs to install it stealth or camoullage Monopole), connection to any utilities, access roads, reimbursement for any site access fie provided that such reimbursement is not in lieu of or in substitution of any rent thereunder) All rental payments shall be made by check payable to Treasurer, City of Roanoke at Cit) of Roanoke, Virginia, P n. Box 1451 Roanoke, VA 24011. Attention City I'rcaswer, or such other address as Lessor may from time to time provide b In addition to the rent described in the preceding paragraph, any other amounts payable under this Lease to Lessor, however denominated, shall be deemed additional rent, and Lessor shall have all rights and remedies in respect of payment and collection thereof as are applicable to rent. Any amounts payable hereunder by Milestone that are not paid when due shall (a) be subject to a late charge of live percent (5110) of the amount due and (b) bear interest from the date due at a rate of ti ftecn percent (I Soo) per annum. U. Lessee shall pay Lessor a Site Fee, which is equal to Twenty Five Thousand and No 100 Dollars ($25,000.00) (the "Site Fee") payable at the time Lessee begins construction of the Base Station on the Site. In addition, on the date the second Ca►Tier begins construction on or in the Site, Lessee shall pay Lessor a coloration fee of Five Thousand and No "100 Dollars ($5,000.00) (the "Coloration Fee "). The Coloration Fee does not apply to the first Carrier on or in the Site (for which no fee shall be due) In the event Milestone fails to timely pay any Site Fee due hereunder, Milestone shall, in addition to owing City such Site Fee, pay to City interest on the amount thereof from the date due through the date of payrncnt of such Site Fee to City, in an amount equal to the Primc Rate of interest as published Drum time to time by The Wall Street Journal plus four percent (41)n) d. To ensure Milestone's proper removal of the Monopole and Base Station from the Site at the end of the temi of this Lease in accordance with Section 4b (as elected by City), and to ensure the removal work is done in a proper manner without undue damage to the Site or other property of the City, Milestone shall furnish to the City a security deposit in the amount of Twenty Thousand Dollars ($20,000.00) (together with all accrued interest thereto, the "Security Deposit") prior to commencing construction on the Site. The Security Deposit shall be in the form of cash. The Security Deposit shall not in any way be considered to lirnit Milestone's obligations or liabilities hereunder The City may dra« upon the Security Deposit upon failure by Milestone to remove Milestone's Facilities from the Site in accordance with Section 4b. The Security Deposit shall be held by City in an interest bearing escrow account and the Security Deposit (together with all accrued interest thereto) will be returned to Milestone within thirty (30) days of Milestone's substantial completion of the removal requirements contained in Section 4b (as elected by City) or at such other time as the City determines the Security Deposit is no longer needed. e All amounts paid by Lessee to Lessor under this Lease shall be dedicated b} Lessor to City of Roanoke public park purposes 6. REAL. ESTATE TAXES, UTILITIES, MAINTENANCE: a. Lessee shall be solely responsible for all costs and expenses relating to the connection, disconnection, consumption and use of any utilities and or services in connection with l cssce's construction, installation, operation and maintenance of the Base Station on the Leased Premises including, without limitation. an) electric consumption by its equipment, and Lessee agrees to pay all costs for ser%ice and installation of an electric meter directly to the local utility company b Lessee shall be responsible f'or the declaration and payment of any applicable taxes or assessments against the Base Station or other equipment owned or used by Lessee or allocable (on a pro rata basis) to the Leased Premises, including; but not limited to any sales and property tares, as well as any taxes based on the rent payable hereunder, including gross receipts taxes. During the teim, Lessee shall be responsible for the timely payment of all taxes levied upon Lessee's (or Lessee's licensees', tenants' or agents') improvements on the Leased Premises. Lessee shall have the right to contest all taxes, assessments, charges and impositions assessed against the Base Station or other equipment owned or used by Lessee or allocable (on a pro rata basis) to the Leased Premises a5 well as any taxes based on the rent payable hereunder, as defined without limitation liercin; provided, however, the expenses associated with any such contest are bome by Lessee and not by Lessor. C, Lessee shall at all times during the term of this lease, at its own expense, maintain the Base Station and the Leased Premises in proper operating condition and maintain same in industrial standards of good condition, and will repair any damage except that caused by Lessor, its agents or servants. Lessee shall mow grass, keep area free of weeds, and keep the Leased Premises and the Base Station free of debris at all times. Milestone agrees that it will inspect the Leased Premises and the Base Station no less frequently than once every four months. d. Lessee shall maintain the Leased Premises at all times in compliance with Lessor's rules and regulations and all governmental rules, regulations and statutes whether currently in force or subsequently adopted, including, without limitation, those relating to the lighting and painting of the Base Station, and requirements of the Federal Communications Commission (the "FCC "), the Federal Aviation Administration (the "FAA "), and other federal, state or local government authorities hax ing jurisdiction over the Base Station C, Lessee shalt be solely responsible, at its sole cost and expense, for keeping the Monopole at all times in reasonably good order, condition and repair, and in compliance with all applicable laws, ordinances and rules. Lessee shall cause the Monopole to be regularly inspected and preventative maintenance to be performed in accordance with the standards of the industry, but in no event less frequently than once eery three (3) years. In no event shall Lessor be required to maintain or repair the Monopole, or pay or reimburse Lessee for any costs associated therewith. F If applicable, Lessor shall be responsible for the maintenance and repair of any lighting fixtures installed by Lessor (or by Lessee on behalf of Lessor) on the Monopole. g. Milestone is responsible for constructing and maintaining any access driveway or road that may be needed to provide access to its facilities and the Base Station. Any dri %eways and roadways installed on City property shall be installed and maintained in accordance with standards typical for gravel roads, driveways or pathways in City owned parks and built to be usable for or by the general public. Whenever Milestone fails to maintain a driveway or roadway -9- in a reasonably safe condition, the City niay notrfy Milestone of' the need to do so and it is Milestone's responsibility to make necessary repairs or improvement~ if Milestone fails to make the necessary repairs or improvements in a tamely man1wr. the City m u) do so and bill Milestone for the actual and reasonablc costs incurred by the City 7. CONS'I RUCTfON BY I FSSlif a Lcssec shall use good faith and commercially reasonable efforts to obtain all necessary approvals, including, without limitation, those required by the FAA and the FCC, for construction and operation of the Base Station. After obtaining,, the necessary permits and approvals therefor, Lessee, at its sole cost and expense. shall perform or cause to be performed all of the following work Not l'sed. ii. Installing the utility and equipment compound with dimensions shown and described on Exhibit A -I attached hereto iii. At the request of Lessor at the commencement of the teen of this Lease, at Milestone's sole expense, Milestone shall install a chain link or wood fence, with a locked gate, or natural screening on each side of the Compound or any other portion of the Base Station iv. Subject to City's approval thereof as provided in Section 7d hereof, perfonning or causing to be performed all other impro%ements and work associated with the work dcscnbed above that may lawfully be rcquiied b} City of Roanoke or any other governmental body or official having, jurisdiction, as part of or in connection with the work described above v. As provided by the City's Zoning Ordinance, all landscaping on parcels containing towers or monopoles, antenna support structures. or telecommunications facilities shall be designed to screen the tower, antenna support structure, and telecommunications facilities to a height of at least six (6) feet from grade This requirement may be waived at the discretion of the inspections division if the base of the tower and facilities to be screened are not located in and not visible from any business or residential districts or visible from public streets. All landscaping must be continually maintained in a healthy and attractive manner. b Lessee's agreement to perform or cause to be performed at its expense all of the work described above, all at Lessee's cost and expense, shall be construed broadly to provide for all costs and liabilities of such work, whether or not such costs are anticipated and without regard to Lessee's present estimates for the cost of same, so that all of such work is fully and properly perfonned and paid for by Lessee, and upon completion of same the Site, as altered by such work, is as fully functional and suitable for continued use by Lessor as it was prior to the start of Lessee's work. Accordingly, the phrase "all work' shall include, without limitation, all of the following work, and Lessee's promise to pay for such work shall include, without limitation, all of the costs and liabilities associated with the following. all labor and materials; design work; legal and professional fees of Lessee's consultants; permit drawings and materials; construction ELSE costs. construction equipment and matcnals, utilities extension or relocation; provision of protective I'cncing and other safety measures; maintenance, removal of construction related debris from the Site, liability, property and workers' compensation insurance premiums; bond fees; de%clopment and construction permits, inspections and approvals; re- sodding of all disturbed areas not covered with impervious surface, replacement or relocation of landscaping, re- paving or re striping of' any damaged or disturbed paved areas whether for traffic control, parking or otherwise; connection of new sidewalks, drives, parking areas and other facilities to City's existing facilities; and the repair and restoration of any item, place or thing required as a result of any damage to the Site caused in the prosecution of the work contemplated by this Lease C, Lessee shall cause construction of the Base Station (other than components which may be constructed by any future Carrier) to be commenced as soon as practicable after receipt of all necessary permits and approvals and to be completed within a reasonable time thereafter, not to exceed one (1) year from the receipt of all necessary permits and approvals, excepting periods of delay caused by./orce majeure or delays caused by Lessor. Once its work on the Base Station is initiated, Lessee shall diligently and continuously prosecute such work to final completion (including obtaining all required inspections and approvals) in a timely manner in accordance with a schedule to be agreed upon in advance by City and Milestone (the `Initial Construction Schedule "). Such schedule shall limit construction activities to such days and times as Lessor may require to avoid any material and adverse impacts on the use and operation of the Site. Lessee shall keep Lessor ftrlly apprised of any events that might impact the construction activities. If Lessee fails to perform its work in accordance with this Lease and if such failure threatens the safe, proper and timely conduct of operations or uses of the Site, then Lessor shall have the right to take all measures as it may deem necessary to avoid or abate any interference with such safe, proper and timely conduct of such classes or other operations or uses. Such measures may include, without limitation, engaging additional construction personnel, stopping any construction activities occurring on the Site, removing interfering construction equipment, materials or facilities, and providing alternate or additional drives, sidewalks, parking areas or other facilities. All such measures shall be at the sole cost, expense and liability of Lessee. Lessor shall give Lessee prior notice before commencing any such measures and to coordinate with Lessee in detemlining the measures that may be necessary. Lessee shall permit Lessor's designated inspector full access to all of Lessee's construction areas and shall provide such inspector access to all construction plans, drawings and other information reasonably requested. d. The Base Station, and each component thereof constructed by Lessee, shall be constructed by Lessee in a good and workmanlike manner and in accordance with the plans, drawings and specifications prepared and provided by Lessee for Lessor's prior review and written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Construction and installation of the Base Station by Lessee shall be in compliance with all applicable rules and regulations including, without limitation, the customary specifications and requirements of Lessor and those of the Occupational Safety and Health Administration ("OSHA "), the FCC, the FAA, and regulations of any governmental agency (town, county, state or federal) including, but not limited to the applicable requirements of the local planning and zoning and building, electrical, communications and safety codes of the City of Roanoke, Virginia. Lessee, at its sole cost and expense, shall secure all necessary permits and approvals required to permit the construction and operation of the Base Station. Lessor agrees to cooperate rcasonabl} with Lessee in any nc�:essary upplications or submissrtms required to permit construction and operation of Lessee's Base Station as described herein, provided that LcsNor shall be reimbursed I'm all reasonable and actual e\pcnscs mcuned in proN iding such cooperation within thirty (30) days of del1Nciy of an invoice to Lessee, and provided further that obtaining Lessee's permits and approvals shall not result in the imposition of any material restrictions or limitations or adverse impacts on the Site or Lessor's use, operation improvement or redevelopment thereof' All of' Lessee's work and facilities shall be installed rice of mechanics', matcrialmen's and other liens, and claims of any person. Lessee agrees to defend, with counsel approved by Lessor, and to indemnify and save Lessor harmless, from all loss, cost, damage or expense including. without limitation, reasonable attorneys' fees, occasioned by or arising in any connection with the work contemplated by this Lease, and shall bond off or discharge any such liens or other claims within thirty (30) days after written notice from Lessor C. Prior to commencing any activities on the Site pursuant to this Lease, Lessee shall provide Lessor with evidence satisfactory to Lessor that Lessee and its contractors and agents who will be working on the Site are covered by insurance as required by Section 14 hereof f Lessee shall, upon Lessor's request, fence and buffer the Base Station and or the Leased Premises or any portion thereof. In addition, in the event the Base Station is to be constructed near any existing structure or structures on the Site, Milestone shall, prior to commencing any such construction, provide City, at its request, with a report prepared by an independent third -partly professional engineer confirming the structural integrity of the existing structure or structures following the construction of the Base Station. g. Lessee shall restore in compliance with the Federal Americans with Disabilities Act (and any state or local law counterpart or implementation thereof) any of Lessor's facilities physically altered by Lessee's work, h. Lessee shall be allowed to make further additions, alterations and improvements to the Base Station and Monopole with the Leased Premises without Lessor's prior written consent, subject to Milestone obtaining the needed zoning approvals from the City. i. It is understood by Milestone that before constructing any Monopole and Base Station on the Site, Milestone will have to obtain the needed zoning approvals from the City. 8. OPERATION OF BASE STATION: a. Lessee and the Carriers Shall operate the Base Station in strict compliance with all applicable statutes, codes (including the City's Zoning Ordinance), rules, regulations, standards and requirements, whether currently in force or subsequently adopted, of all federal, state and local go-ernmental boards, authorities and agencies including, without limitation, OSHA (including, without limitation, OSHA regulations pertaining to RF radiation), the FCC and the FAA, as well as such reasonable rules and regulations which Lessor may publish for the site from time to time Lessee has the responsibility of carrying out the terms of its FCC license in all respects, including, without limitation, those relating to supporting structures, lighting requirements and notification to FAA. Lessee, prior to constructing the Base Station, shall have, and shall deliver to Lessor, copies of all required permits, licenses and consents to construct and - 12- operate the Base Station. In the event that the operation of (lie Base Station violates any of the terms or conditions of this I case, Lessee agrees to suspend operation of the Base Station within twenty -ibur (24) hours after notice of such violation and not to resume operation of the Base Station until such operation is in strict compliance with all of the requirements of this Lease. Lessee shall be responsible for ensuring that each Carrier complies with the terms of this Section 8 b. Other than with respect to entries established pursuant to the Initial Construction Schedule and Monopole, prior to any entry upon the Leased Premises. Lessee shall provide not less than one (l) business day prior notice to Lessor which notice shall specify the type of work or other activities that are to be performed or undertaken on the Leased Premises or which may impact the Site. Lessor shall have one (l) business day after receipt of the notice to advise Lessee that the proposed work would conflict tt ith Lessor's use of the Site and such notice shall include dates and times that the proposed work may be rescheduled. Lessee further agrees and covenants that the Base Station, transmission lines and appurtenances thereto, and the construction, installation, maintenance, operation and removal thereof, will in no way damage Lessor's property or materially interfere with the use of the Site by Lessor, its successors and assigns. Notwithstanding the foregoing, Lessee agrees (i) to repair any damage caused to the Site or the Leased Premises, including, but not limited to, any damage to utility lines, drains, waterways, pipes, grass fields or paved surfaces by such installation, construction, maintenance, operation or removal to the condition the Site or the Leased Premises was in immediately prior to such damage, (ii) that any repair work undertaken on the Site or the Leased Premises shall he completed as soon as possible after the occurrence of such damage, (iii) that if Lessee's activities on the Site or the Leased Premises result in the need to restore or replace any grass areas, such areas shall be sodded, rather than seeded, and (iN) that it shall be responsible for the full and timely payment of any costs incurred in connection with the repairs described in clauses (i) through (iii) of this sentence. c If, after the execution of this Lease, Lessee is unable to operate the Base Station due to the action of the F_C.C_ or by reason of any law, physical calamity, governmental prohibition or other reasons beyond Lessee's control, this Lease may be terminated by Lessee by giving Lessor thirty (30) days' prior notice of termination, subject to Lessee's restoration obligations under Section 4b hereof. 9. PERMITS AND SITE SPECIFICATIONS It is understood and agreed by the parties that Lessee's ability to use the Leased Premises is contingent upon its obtaining after execution of this Lease, all of the certificates, permits and other approvals that may be required by federal, state or local authorities for Lessee's use of the Leased Premises as set forth in this Lease. Lessee shall use all reasonable efforts promptly to obtain such certificates, permits and approvals, at Lessee's sole expense. Lessor will cooperate reasonably with Lessee at Lessee's sole cost and expense, in its effort to obtain such approvals. In the event any such applications should be finally rejected or any certificate, permit, license or approval issued to Lessee is canceled, expires or lapses, or is otherwise withdrawn or terminated by governmental authority, or soil boring tests are found to be unsatisfactory so that Lessee will be unable to use the Leased Premises for the purposes set forth herein, either Lessee or Lessor - 13 - shall have the right to terminate this Leasr by giving the other party flinty (30) days' prior notification of termination within sixty (60) days after the date of the exent which is the hasi% of ternunation Upon such lernunation, the parties shall halve no further obligation~ for charges and liabilities which accrue after the ericctiNc date of termination under this Lease, including the payment of monies, to cacti other except as otherwise provided herein, but Lessee shall be liable to restore the Leased Premises in accordance with Section 4b INDEMNIFICA'l ION Lessee shall defend, with counsel acceptable to Lessor, and indemnify and hold harmless, Lessor from all losses, costs, claims, causes of actions, demands and liabilities arising From (a) any breach by Lessee of any covenant of this Lease, (b) any misrepresentation by Lessee contained in this Lease and or any breach of any warranty contained in this Lease; and (c) any occurrence, of any kind or nature, arising from (i) Lessee's or any Carrier's construction, installation, maintenance, repair, operation, replacement or removal of the Base Station or any other equipment, or any other activities of Lessee or any Carrier on the Site or the Leased Premises of any kind or nature, (ii) the condition of the Base Station or the Leased Premises and (iii) any personal injury, death, or accident in any way related to Lessee's or any Carrier's use, operation or maintenance of the Leased Premises, the Site, the Base Station, or any equipment or antennas contained therein or on ttie Monopole or the Leased Premises. Such indemnification shall include the actual, reasonable 'and documented cost of investigation, all expenses of litigation, and the cost of appeals, including, without limitation, attorneys' fees and courl costs, and shall be applicable to Lessee's and each Carrier's activities on the Site and the Leased Premises whether prior to the Commencement Date or after the termination of this Lease. In addition to Lessor, Lessor's City Council members, start, officers, agents, servant,,, employees, Volunteers, business invitee.~, customers and guests shall be beneficiaries of Lessee's indemnification 11. BOOKS AND RECORDS o the extent necessary to determine Milestone's compliance with this Lease or to carry out the City's authority to manage its property, Milestone shall make available to the City for inspection, examination and or audit upon reasonable prior notice to Milestone, such complete and accurate books of account, records, documents and other information as the City may reasonably need with respect to any sublease, including, without limitation, books of account, records, documents and other information adequate to enable Milestone to demonstrate, at all times throughout the Term that it is, and has been, in compliance with each term and condition of this Lease If the inspection, examination and or audit reveals a discrepancy of greater than 30 . o, then in addition to the late charges and penalties due hereunder Milestone shall reimburse the City for all reasonable and actual costs associated with the inspection, examination and/or audit 12, IN IERFLRENCE. a Lessee agrees to install (and shall cause the Carriers to install) equipment of a type and frequency which will not cause frequency interference with other forms of radio - 14- frequency comnwniralions existing on Lessor's properly as of (tic date of this Lease (so long as reasonably prevalent). All such equipment shall fully comply with all FCC, FAA, OSHA and othet governmental (whether federal, state, or county) rules and regulations. b. In the event Lessee's equipment causes such interference, Lessee agrees it will take all steps necessary, or shall cause all such steps to be made, to correct and eliminate the interference consistent .% ith all government rules and regulations upon receipt of written notification of the interference Lessee shall be obligated , and shall cause each Carrier, to correct the problem of interference arising from Lessee's equipment within the Base Station within two (2) business days of receipt of written notice from Lessor and if the interference is not corrected within live (5) business days of receipt of'notification (or such time as may reasonably be required with exercise of' due diligence provided such repairs are begun within said five (5) business days), such Carrier's equipment causing such interference shall be disconnected, turned off or removed from the Leased Premises C. In the event Lessor's equipment at the Site causes frequency interference, Lessee and Lessor agree to cooperate to take all steps necessary to correct and eliminate the interference consistent with appropriate government rules and regulations upon receipt of written notification of the interference from either party. Lessor shall be obligated to respond to the problem of interference arising from Lessor's equipment at the Site within two (2) business days of receipt of written notice from Lessee. If the interference is not corrected within five (5) business days of receipt of notification (or such time as may reasonably be required with exercise of due diligence provided such repairs are begun within said five (5) business days), then, at Lessor's sole cost and expense, Lessor's equipment causing such interference shall be immediately disconnected, turned off or removed from the Site Lessee and Lessor understand and agree that in the event its determined that the interference is caused by the unlicensed spectrum being used by Lessor at the time of execution of this Lease, Lessor shall be under no obligation to replace the unlicensed spectrum with a licensed spectrum to correct the interference. 13. DEFAULT: a. Each of the following shall be an event of default by Lessee under this Lease. i If the rent or any installment thereof shall remain unpaid after it becomes due and payable, and is not paid within five (5) business days after Lessor gives written notice of non - payment; ii. If Milestone abandons the Leased Premises as a whole or abandons the Site for a period of more than twelve (12) consecutive months, iii If Lessee or its assigns shall fail or neglect to keep and perform any one of the terms of this Lease and such failure or neglect continues for more than thirty (30) days (or such longer period as may be reasonable, provided Lessee is attempting a cure with all due diligence, not to exceed one hundred twenty (120) days plus any period of where cure is prevented by force nnnjew-e) after Lessor gives written notice specifying the default; -15- IN It' I essec file, a petition to bankruptcy or ►nsol�en, y or for reorganisation or arrangement under the bankruptcy laws 01' the United State, ai under any insobvcncy act of any state, Of is drssohMd or makes an assignment for the benefit of creditors. or if' in-olunury proceedings under any bankruptcy laws or insolccncy act or for the dissolution of Lessee arc instituted against I essee, or a receiver or trustee is appointed tot all or substantially all of I cssee's property, and the proceeding is not dismissed or the rccei�crship or trustces►tip is not %acated w ►thin sixty (60) days alter institution or appointment v If' any final judgment or judgments in an aggregate amount (including interest and costs) of more than $500,000.00 is entered against Milestone, and any such judgment or judgments shall not have been paid or otherµ ise discharged within sixty (60) days after all applicable appeal periods have terminated b In the case of any event of default, City shall ha,.e the right to terminate this Lease upon thirty (30) clays notice and shall have any additional rights and remedies that may be mailable at law or in equity. C. The foregoing noteithstanding, in the e%ent of any such default by Lessee hereunder, such shall not provide Lessor the right to attach, utilize, distrain upon or otherwise take possession of any equipment located on the Monopole or within a Base Station owned by any Carrier, and such shall at all times be free from any claim by Lessor hereunder. d. If the City obtains a judgment, writ of mandamus, or an injunction to enforce any provision of this I ease, Milestone ~hall pay the City its actual and reasonable cost o1' litigation, including a reasonable attorney's fee and c\pert witness fees. e. If Lessor shall fail or neglect to keep and perform each and eery one of the covenants, conditions and agreements contained herein, and such failure or neglect is not remedied within thirty (30) days (or such longer period as may reasonably be required to correct the default with exercise of due diligence not to exceed one hundred twenty (120) days plus any period of where cure is prevented by force majeure), after written notice from Lessee specifying the default, then Lessee may pursue any legal remedies available to Lessee, including the right to terminate this Lease. 14. INSURANCE REQUIREMENTS a All property of I essee, its employees, agents, business in% itces, licensees, customers, clients, guests or trespassers, including, without limitation, the Carriers, in and on the I eased Premises shall be and remain at the sole risk of such party, and Lessor shall not be liable to them for any damage to, or foss of such personal property arising from any act of God or any persons, nor from any other reason, nor shall I essor be liable for the interruption or loss to Lessee's business arising from any of the aboN e described acts or causes Lessor shall not be liable for any personal injury to Lessee, its employees, agents, business invitees, licensees, customers, clients, guests or trespassers, including, without limitation, the Carriers, arising from the use, occupancy and condition of the Leased Premises unless such injury is caused by the gross negligence or wilititl act on the part of Lessor or its employees. - 1 6 - b. During the term, l cssee tellt maintain a policy of commercial general liability insurancc insuring i essor and i essec against liability arising out of the use, operation or maintenance of the I eased Premises and the installation, repair, maintenance, operation, replacement and removal of the Base Station fhe insurance will be maintained for personal injury and property damage liability, adequate to protect Lessor against liability for injury or death of any person in connection with the use, operation and condition of the Leased Premises, and to insure the performance of Lessee's indemnity set forth in Section 10, in an amount not less than TWO MILLION DOLLARS ($2,000,000.00) per occurrenee'aggregate During the term, Lessee shall also maintain workers' compensation and employers' liability insurance, and such other insurance relating to the installation, repair, maintenance, operation, replacement and removal of the Base Station, and the ownership, use, occupancy or maintenance of the Leased Premises as Lessor may reasonably require. 'the limits of the insurance will not limit the liability of Lessee. If' Lessee fails to maintain the required insurance Lessor may, but does not have to, maintain the insurance at Lessee's expense. 'fhe policy shall expressly provide that it is not subject to invalidation of Lessor's interest b) reason of any act or omission on the part of Lessee, C, insurance carried by Lessee will be with companies acceptable to Lessor. Lessee will deliccr to Lessor certificate evidencing the existence and amounts of the insurance. No policy shall be cancelable or subject to reduction of coverage or other modification except after sixty (60) days prior written notice to Lessor. Lessee shall, at least sixty (60) days prior to the expiration of the policies, furnish Lessor with renewals or `binders" for the policies, or Lessor may order the required insurance and charge the cost to Lessee d. Lessee will not knowingly do anything or permit anything to be done or any hazardous condition to exist ("Increased Risk ") which shall invalidate or cause the cancellation of the insurance policies carried by Lessor or Lessee. If Lessee does or permits any Increased Risk which directly causes an increase in the cost of insurance policies, then Lessee shall reimburse Lessor for additional premiums directly attributable to any act, omission or operation of Lessee causing the increase in the premiums. Payment of additional premiums will not excuse Lessee from termination or removing the Increased Risk unless Lessor agrees in writing Absent agreement, Lessee shall promptly terminate or remove the Increased Risk. Lessor shall be named as an "additional insured" on Lessee's liability policies. f Notwithstanding any provisions herein to the contrary, Lessee waives all rights to recover against Lessor for any loss or damage arising from any cause covered by any insurance required to be carried by Lessee pursuant to this Section 14, or any other insurance actually carried by Lessee Lessee will request its insurers to issue appropriate waiver of subrogation rights endorsements to all policies of insurance carried in connection with the Leased Premises. g If an "ACCORD" Insurance Certificate form is used by Lessee's insurance agent, the words, '*endeallor to" and "...but failure to mail such notice shall impose no obligation or liability of any kind upon the company" in the "Cancellation" paragraph of the form shall be deleted or crossed out. - 17- h All insurance required by this Section 14 shall be written by insurer,, in strrh limit,. grid ,hall contain such terms, a, I essor may reasonably require i. Any deductible or self - insured retention applicable to required coNcrages shall be paid by Milestone and the City shall not be required to participate therewith j The insurance required of Milestone herein shill be primary, and any insurance or self - insurance maintained by the City shall be in excess of the insurance required of Milestone and shall not contribute therewith k Milestone's liability to the City shall not be limited to the amounts of the insurance coverage provided herein. I. Notwithstanding any of the other provisions of this Lease, Milestone's failure to maintain the required insurance coverage throughout the term of this Lease is grounds for- the inunediate tcnnination of this Lease without prior notice. m. Nothing contained herein shall effect, or shall be deemed to affect, a waiver of the City's sovereign inununity under law 15. HAZARDOUS MA I LRIALS a. Neither Lessee nor any Carrier shall Cause or pen-nit any hazardous or toxic wastes, substances or material; (collectively, "lazar(Ious Materials ") to be used, generated, stored or disposed of on, under or about, or transported to or from, the Leased Premises (collectively "Hazardous Materials Activities") without first revering Lessor's written consent, which may be withheld for any reason whatsoever and which may be revoked at any time, and then only in compliance (�%hich shall be at Lessee's sole cost and expense) with all applicable legal requirements and using all necessary and appropriate precautions. Lessee shall indemnify, defend with counsel acceptable to Lessor and hold Lessor harmless from and against any claims, damages, costs and liabilities, including court costs and legal fees, arising out of Lessee's or Carrier's Hazardous Materials Activities on, under or about the Leased Premises, regardless of whether or not Lessor has knowledge of Lessee's Hazardous Materials Activ ities. For the purposes of this Lease, Hazardous Materials shall include but not be limited to oil, radioacti-,e materials, PCBs, and substances defined as "hazardous substances" or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sec 9601 etseg.; Hazardous Materials Transportation Act, 49 U.S C. Sec 1801 et §M-' and Resources Conservation and Recovery Act, 42 U.S.0 Sec 6901 e_ t seg., and those substances defined as "hazardous «antes" in the regulations adopted and publications promulgated pursuant to said laws Subject to the foregoing pro% isions of this Section, Milestone shall, prior to the Conunencement Date, submit to City for City's res ie« and approval, a list of Hazardous Materials Activities, including types and quantities, which list to the extent approved by City shall be attached hereto as Exhibit C. Prior to conducting any other Hazardous Materials Activities, Lessee shall update such list as necessary for continued accuracy, Lessee shall also provide Lessor with a copy of any Hazardous Materials inventory statement required by any applicable legal requirements. If Lessee's activities violate or create a risk of violation of any legal requirements, Lessee shall cease such activities itn ned►atel} upon notice from 1 cssor. Lessor, Lessor's representatives and employees may enter the Leased Premises at any time during the term to inspect I essec's compliance herewith, and may disclose any violation of legal requirements to any governmental agency with jurisdiction. The provisions of this Section 15 shall survive termination or expiration of the term of this Lease. b. I essor acknowledges that Lessee's or the Carriers' equipment cabinet~ may contain batteries and fuel tanks for back -up power, other sealed batteries, petroleum fuels, engine oil, antifreeze, I-IVAC refrigerants, fire suppression devices, fluorescent lighting, electrical equipment components and that, provided Lessee's or such Carrier's use of same is in compliance with this provision, the presence of such batteries or fuel tanks and other items does not violate this provision and shall not require any further consent from Lessor if such batteries or fuel tanks and other items comply with all laws, regulations and ordinances relating to I azardous Materials. c. Lessee will immediately notify Lessor and provide copies upon receipt of all written complaints, claims, citations, demands, inquiries, reports, or notices relating to the condition of the Leased Premises or compliance with environmental laws. Lessee shall promptly cure and have dismissed with prejudice any of those actions and proceedings to the satisfaction of Lessor. Lessee will keep the Leased Premises free of any lien imposed pursuant to any environmental laws. d Lessor shall have the right at all reasonable times and from time to time to conduct environmental audits of the Leased Premises, and Lessee shall cooperate in the conduct of those audits. The audits may be conducted by Lessor or a consultant of Lessor's choosing, and if any Hazardous Materials generated, stored, transported or released by Lessee are detected or if a violation of any of the representations or covenants in this Section 15 is discovered, the fees and expenses of such consultant will be borne by Lessee. e. If Lessee fails to comply with any of the foregoing representations and covenants, Lessor may cause the removal (or other cleanup acceptable to Lessor) of any Hazardous Materials from the Leased Premises. The costs of removing Hazardous Materials and any other cleanup (including transportation and storage costs) shall be reimbursed by Lessee promptly after Lessor's demand and will be additional rent under this Lease. Lessee will give Lessor access to the Leased Premises to remove or otherwise clean up any Hazardous Materials. Lessor. however, has no affirmative obligation to remove or otherwise clean -up any Hazardous Materials, and this Lease will not be construed as creating any such obligation. f Notwithstanding the foregoing, Lessor represents and warrants that to the best of its knowledge and belief there are no Hazardous Materials on, in or under the Site. Lessor covenants not to bring onto the Site any Hazardous Materials. 16. NO PARTNERSHIP: Nothing contained in this Lease shall be deemed or construed to create a partnership or joint venture of or between Lessor and Lessee, or to create any other relationship between the parties hereto other than that of lessor and lessee 17. NOlIC1 -S All notices, payments. demands and requests hereunder shall be in writini! and shall be deemed to have been properly gi%en three (3) days after the date when mailed by the t nitcd States Postal Service by First Class. Registered or Certified Mail, postage prepaid, or upon receipt when delicercd by nationally recogni/ed overnight courier or hand delivery, and addressed to Lessor as follows City of Roanoke, ATTN: City Manager 36.1 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Fax No 540 853- 2333 and to Lessee as follows: Milestone Communications 12110 Sunset Hills Road, Suite Reston, Virginia 20190 Attn Leonard Forkas, Jr. with a copy, which will not constitute notice to: ATTN: City Attorney 464 Noel C. Taylor Municipal Building 215 Church Avenue, S. W Roanoke, Virginia 24011 with a copy. which w ill not constitute notice to: 100 Cooley LLP 11951 Freedom Dri%e Reston, Virginia 20190 Attn John G Lavoie, Esquire or to such other addresses as either of' the parties may designate from time to time by gig in,- written notice as herein required 18. ASSIGNMENT OR SUBLETTING-, FINANCIN& a Lessee may assign this Lease, without Lessor's consent, to any corporation, partnership or other entity which (i) is controlled by, controlling or under common control with Lessee, (ii) shall merge or consolidate with or into Lessee; (iii) shall succeed to all or substantially all the assets, property and business of Lessee; (iv) in which Milestone Communications Management IV, Inc. or Milestone Development, Inc. or a wholly owned affiliate of Milestone Communications Management IV, Inc. or Milestone Development, Inc. is at all times the general partner, managing member or majority shareholder; or (v) has an adjusted net worth (detennined in accordance with generally accepted accounting principles consistently applied) of at least $100,000,000. Any assignment as a result of a merger or consolidation under paragraphs (i). (u), (iii) and (iv) above, must be to an entity into which Milestone is merged or consolidated and such entity shall hay e a tangible net worth equal to or greater than Milestone as of the date of this Lease and such entity shall be fury bound by the all of the terms and conditions of this Lease. to the event of such an assignment or sublease, Lessee shall protiide to Lessor at least sixty (60) days before the proposed transfer (a) the name and address of the assignee and (b) a document executed by the assignee by which it acknowledges the assignment and assumption of all of Lessee's obligations hereunder and (c) such other information regarding the proposed assignee as shall be reasonably requested by City Lessee may also, without -20- Lessor's consent, sublease or license portions of' space on the Monopole and within the Base Station to Carriers in accordance with and subject to the terms and conditions of Section hereof Any assignee shall each be fully and primarily liable for the obligations of `'Milestone" hereunder b. Lessee may, without Lessor's prior consent, sublease or license space on the Monopole or within the Compound to Carriers under and subject to the terms of this Section 18. Specifically, Lessee shall be entitled to sublease or license space on the Monopole or in the Compound without Lessor's prior approval provided that (a) the Carrier Sublease shall be in a form utilised by Lessee in the ordinary course of lessee's business, (b) the sublessee is an Approved Carrier (as defined below), (c) no event of default exists hereunder, (d) the tern of the Carrier Sublease does not exceed the term of this Lease and (c) Milestone submits an engineering report to City definitively showing that the Monopole is capable of supporting the proposed Carrier. Otherwise, any lease, sublease, license or other occupancy agreement with respect to any Site shall be in form approved by Lessor, which approval may be given or withheld in Lessor's sole and absolute discretion. As used herein, the term "Approved Carrier" shall mean a telecommunications service provider licensed by the F.C.C. and any other governmental agencies for which approval is needed to conduct such company's business. C. The termination of this Lease shalt automatically terminate all Carrier Subleases that are applicable to same Site. d. Lessee shall cause the Carriers to comply with, and not violate, the terms and conditions of this Lease. Lessee shall enforce all of the terms and provisions of any Carrier subleases, licenses or other similar documents (each, a "Carrier Sublease''). Without limiting the generality of the foregoing, Lessee shall exercise any or all of its rights and remedies under the Carrier Subleases immediately if requested to do so by Lessor. Lessee shall, at its sole cost and expense, perform all obligations of the landlord under the Carrier Subleases. Lessor shall have no liability whatsoever under the Carrier Subleases. e. Lessee shall haN a the right to finance the Monopole and Base Station on the terms and conditions as are set forth on Exhibit D attached hereto; provided that this Lease shall be prior to, and shall have priority over, all deeds of trust, liens, or encumbrances granted or suffered by Milestone, and its successors and assigns. 19. ACCESS AND INSPECTIONS: Lessor shall have full access to the Leased Premises and the Base Station for operating, repairing, removing, installing and otherwise working with communications equipment owned by Lessor or any third party permitted to use the Base Station pursuant to this Lease with the exception of Lessee's or Carvers' equipment and antennas. In addition, Lessee shall allow Lessor, upon prior notification to Lessee and with an escort by an agent of Lessee or without notice in the event of any emergency, to enter the Leased Premises or any part thereof at any reasonable time and in a manner so as not to interfere more than reasonably necessary with Lessee's use of the Base Station, for the purpose of inspecting the Leased Premises. In the event of an emergency whereby Lessor enters the Leased Premises, Lessor shall give notice to Lessee -21 - of such cntr� immediately following such emergency Lessee shall at all tinter provide Lessor topics of all keys needed to unlock all of the gates and locks to the fence% to the Compound or in the Lcascd Premises 20, QUIFT ENJOYMFN I': Lessee shall be entitled to use and occupy the 1 eased Premises during the term hereof for the purposes herein permitted and subject to the terms and conditions herein contained, without molestation or interterence by Lessor. City may, however, without the requirement for payment of any compensation to Milestone, lease one (l) platform on the Monopole in accordance with Section 3.c of this Lease. 21. DAMAGE AND DFSTRUCTION: a. If the Leased Premises or the Base Station are damaged or destroyed by reason of lire or any other cause, or if damage to the Leased Premises or the Base Station causes damage to portions of the Site or other property of Lessor, Lessee will immediately notify Lessor and will promptly repair or rebuild the Base Station, incidental improvements, and other damage to Lessor's property to its condition immediately prior to such damage, at Lessee's expense. b. Monthly rent and additional rent will not abate pendin4r the repairs or rebuilding except to the extent to which Lessor receives a net sum as proceeds of any rental insurance, or continues to receive income from Carrier Subleases C. Ii' at any time the Leased Premises or Base Station arc 5o damaged by fire or otherwise that the cost of restoration exceeds filly percent (504x) of the replacement value of the Base Station immediately prior to the damage, Lessee may, within thirty (30) days after such damage, give notice of its election to terminate this Lease and, subject to the further provisions of this Section 21, this Lease will cease on the tenth (IOth) day after the delivery of that notice. Monthly rent will be apportioned and paid to the time of termination. If this Lease is so terminated, Lessee will have no obligation to repair or rebuild. Notwithstanding the foregoing, if Lessee elects to terminate this Lease, Lessee shall be required to comply with the provisions of Section 4b with respect removing and dismantling each component of the Base Station and returning the Leased Premises to the condition stated in such section. 22, CONDEMNATION. If all or any part of the Leased Premises is taken by eminent domain or sale in lieu thereof, and if said taking or sale renders the Leased Premises unusable for its intended purpose hereunder, then, at Lessor's or Lessee's option, this Lease may be terminated upon sixty (60) days prior written notice to the other party and there will be no further payment of rents for the Site except that which may have been due and payable at the time of said taking or sate. In the event of a partial taking or sale of the Site and Lessee, subject to mutual agreement with Lessor, wishes to maintain its operation, Lessee may continue to use and occupy the Compound and Leased Premises under the terms and conditions hereunder, provided Lessor's and Lessee's 22 obligations under this I case are not otherwise altered, and pro%ided Lessee, at its sole cost, restores so much of the Base Station and Leased Premises as remains to a condition substantially suitable for the purposes for which it was used immediately before the taking. Upon the completion of restoration, Lessor shall pay Lessee the lesser of the net award made to Lessor on account of the taking (after deducting from the total award attorneys', appraisers', and other costs incurred in connection with obtaining the award), or Lessee's actual out-or-pocket cost of restoring the Leased Premises, and Lessor shall keep the balance of the net award. In connection with any taking subject to this Section, Lessee may prosecute its own claim, by separate proceedings against the condemning authority for damages legally due to it (such as the loss of fixtures which Lessee was entitled to remove and moving expenses) only so long as Lessee's award does not diminish or otheni ise adversely affect Lessor's award. 23. SALE OF SITE: Any sale by Lessor of all or part of the Leased Premises to a purchaser other than Lessee shall be under and subject to this Lease and Lessee's right hereunder. Lessor shall be released from its obligations under this Lease in the event of a sale and the assignee assumes Lessor's obligations hereunder (including the recognition of Lessee's rights hereunder 24. GOVERNING LAW: The execution, performance and enforcement of this Lease shall be governed by the law's of Commonwealth of Virginia without application of conflicts of law principles. Any legal action or proceeding w ith respect to this Lease or any document related hereto or thereto shall be brought in the courts of the State of Virginia in the City of Roanoke and in no other courts. 25. MISCELLANEOUS This Lease plus the Exhibits hereto contain the entire agreement between the parties and may not be amended, altered or otherwise changed except by a subsequent writing signed by the parties to this Lease. The invalidation of any one of the terms or provisions of this Lease by judgment or court order shall in no way affect any of the other terms of this Lease which shall remain in full force and effect. Lessor and Lessee agree to execute any additional documents necessary to further implement the purposes and intent of this Lease. Time is of the essence with respect to each provision of this Lease. The headings contained in this Lease are to facilitate reference only, do not form a part of this Lease, and shall not in any way affect the construction or interpretation hereof. Terms such as "hereby," "herein," "hereof." "hereinafter," "hereunder," and "hereto" refer to this Lease as a whole and not to the particular sentence or paragraph where they appear, unless the context otherwise requires. The term "may" is permissive; the terms "shall" and "will" are mandatory, not merely directive. All references to any gender shall be deemed to include all others, as the context may require. Terms used in the plural include the singular, and vice versa, unless the context otherwise requires. Nothing in this Lease is intended to interfere with any tariffs, contracts or other arrangements between the Milestone and a third party or between the City and a third party, or to create any third party beneficiary rights. -23- 26. BINDING I-FI-l-C I 1 his Lease shall bind and inure to the benefit of the parties hereto and their respective successors and permitted assi.vms 27. l.l'SSOR'S RIGHT TO PFRFORM, If Lessee fails to perl'onn any obligations under this Lease, Lessor shall be entitled, but shall not be obligated, to perforni any or all of such obligations and any cost of performing same shall be payable by Lessee to Lessor upon written demand as additional rent hereunder Any amounts so incurred by Lessor and not repaid by Lessee within ten days after demand shall bear interest at a rate of ten percent ( 1000) per annum. 28. Not Used. 29. t-:S COPPEL CERTIFICA fCS: Within no more than ibur weeks after written request by either party, the other will execute, acknowledge, and deliver a certificate stating a that the Lease is unmodified and in full force and effect, or, if this Lease is modified, the way in which it is modified accompanied by a copy of the modification agreement; b. the date to which rental and other sums payable under this Lease have been paid; C, that no notice has been received of any default which has not been cured, or, if the default has not been cured, �N hat such party intends to do in order to effect the cure, and when it will do so; (if from Lessee) that Lessee has accepted and occupied the Leased Premises; e. (it' from Lessee) that Lessee has no claim or offset against Lessor, or, if it does, stating the date of the assignment and assignee (if known to Lessee); and other factual matters as may be reasonably requested. Any certificate may be relied upon by any prospective purchaser, lender or other person with a bona fide interest in the Leased Premises 30. NO WAIVER No waiver of any condition or agreement in this Lease by either Lessor or Lessee will imply or constitute a further waiver by such party of the same or any other condition or agreement No act or thing done by Lessor during the term of this Lease will be deemed an -24- acceptant a of surrender of the Leased Premises, and no agreement to accept the surrender a ill be valid unless in writing; signed by Lessor. The delivery of Lessee's keys to Lessor a ill riot constitute a termination of this Lease unless Lessor has entered into a written agreement to that effect. No payment by Lessee, or receipt from Lessor, of a lesser amount than the rent or other charges stipulated in this Lease will be deemed to be anything other than a payment on account of the earliest stipulated rent. No endorsement or statement on any check or any letter accompanying any check or payment as rent will be deemed an accord and satisfaction. Lessor will accept the check for payment without prejudice to Lessor's right to recover the balance of the rent or to pursue any other remedy available to Lessor 31. AUTHORITY: I1.ach of the persons executing this Lease on behalf of Lessee warrants to Lessor that Lessee is a duly organized and existing limited partnership under Delaware law, that Lessee is authorized to do business in the Commonwealth of Virginia, that Lessee has full right and authority to enter into this Lease, and that each and every person signing on behalf of Lessee is authorized to do so. Upon Lessor's request, Lessee will provide evidence satisfactory to Lessor confirming these representations. Lessor and the person executing and delivering this Lease on Lessor's behalf each represents and warrants to Lessee that such person is duly authorized to so act and has the power and authority to enter into this Lease; and that all action required to authorize Lessor and such person to enter into this Lease has been duly taken 32. LIMITED LIABILITY: Lessee's sole recourse against Lessor, and any successor to the interest of Lessor in the Leased Premises, is to the interest of Lessor, and any successor, in the Leased Premises. Lessee will not have any right to satisfy any judgment which it may have against Lessor, or any successor, from any other assets of Lessor, or any successor, or from any of Lessor's City Council members, staff, officers, agents, servants, employees, volunteers, business invitees, customers, or guests. In no event shall Lessor be liable for consequential or punitive damages, economic losses or losses derived from future expected revenues. The provisions of this Section 33 are not intended to limit I essee's right to seek injunctive relief or specific performance. 33. RECORDATION. Lessee may record, at Lessee's expense, a memorandum or short form hereof in the forth attached hereto as Exhibit F. - 25 - 34. CONH1 IC IS In the event of any conllict between the terms and pioN istons of this Lease and any othet prior a rrecmcnt between the parties. this Lease shall control 3S. L N I IRI A(PULMI -N I fits lease plus the I-xhibits hereto contain the entire agreement between the parties and may not be amended, altered or otherwise changed except by a subsequent writing signed by the parties to this Lease 36. COMPL IANCL, WITH APPL ICABL 1, L AW Milestone shall at all times comply with all applicable federal, state, and local laws, ordinances, and regulations. including but not limited to the Conuuunicat ions Act. 37. PERMITS Milestone, including its contractors and consultants, prior to any construction or work kill obtain all appropriate permits therefor, including any application and permit for right -of -way exca%ation if any streets will be disturbed. 38. COSTS Milestone agrees to promptly reimburse City for the costs for any ad,.ertisement of tequtred public hcaring(s) related to this 1 case Agreement, including the consideration of City Council of the vacation of a portion of Preston Park. Pursuant to the laws of the Commonwealth of Virginia, the City must ad%ertise notice of a public hearing before Roanoke City Council twice in a new spaper of general circulation w ithin Roanoke City [Signatures contained on follow ing page ] -26- IN WITNESS WHEREOF, the parties hereto executed this Lease in mo parts on the dates indicated Approved as to romp Assistant City Attorne) Authorized by Ordinance No LESSOR: City of By: lee, v2c Robert C q 'el , Jr., City Manager Date. Approved as to Execution: Assistant City Attorney [Signatures continue on following page.] -7- MILESTONE TOWER LIMITED PARTNERSHIP IV By: MILESTONE COMMUNICATIONS MANAGEMENT IV, INC., its general partner, a Delaware corporation By :_. LeunarjF.arkas Jr., Presi c. Date 4. ' 1-d—r8 `. 2� - EXHIBIT A Description of Site EXHIBIT A PRESTON AVE NW 1p & 1 I oa -L7 CHRISTIAN AVE NW LEASED AREA TRINKLE AVE NW EXHIBIT A -i Monopole Location; Description of Leased Premises EXHIBIT A-1 TRINKLE AVE NW LEASED AREA 0.062±ACRES EXHIBIT B Easements [To be determined.] EXHIBII C Haiardous Materials • I.CSd acid batteries • Diesel or propane emeigency po�%ei generator(s) %% ith fuel tank(s) • Sealed batteries • Petroleum fuels • Engine oil • Antifreeze • l [VAC refrigerants • Fire suppression devices • Fluorescent lighting • Electrical equipment components EXHIBIT D Mortgagee Pro-tisions Equipment Financing. Lessor acknowledges that Lessee may in the future enter into a financing arrangement including promissory notes and financial and security agreements for the Financing of the Monopole and Base Station and that Lessee's tenants, lessees or licensees may have entered into (or may in the future enter into) such financing arrangements for the financing of their equipment installed as part of the Base Station (collectively, the "Collateral ") ; provided that this Lease shall be prior to, and shall have priority over, all deeds of trust, liens, or encumbrances granted or suffered by Milestone, and its successors and assigns. In connection therewith, Lessor (i) consents to the installation of the Collateral (subject to the terns and provisions of the Lease); and (ii) disclaims any interest in the Collateral, as fixtures or otherwise. Leasehold Financing. Notwithstanding anything to the contrary contained in this Lease, at any time and from time to time Lessee may mortgage, pledge and encumber its interests in this Lease and in any subleases, and assign this Lease and any subleases, licenses and other occupancy and use agreements as collateral security for such mortgage(s). The making of a leasehold mortgage (or any other such assignment, pledge or encumbrance) shall not be deemed to constitute a prohibited assignment of this Lease, or of the leasehold estate hereby created, nor cause the holder of the leasehold mortgage (a "Mortgagee ") to be deemed an assignee of this Lease. Such Mortgagee (or its nominee) shall be deemed an assignee of this Lease only at such time it succeeds to Lessee's interest in this Lease by foreclosure of any leasehold mortgage, or assignment in lieu of the foreclosure, or if it exercises or attempts to exercise any rights or privileges of Lessee under the Lease. Upon such succession such Mortgagee (or nominee) shall be bound b) the terms of this Lease. Notwithstanding the foregoing, Mortgagee or such successors shall be liable for all rent due under the Lease, and for curing any breaches or defaults which continue after the Mortgagee or such successor acquire Lessee's interest in this Lease. Notwithstanding anything to the contrary contained in this tease, any Mortgagee (or other person or entity) that succeeds to Lessee's interest in this Lease by way of foreclosure, assignment in lieu of foreclosure or the exercise of any other remedies relating to the enforcement of any leasehold mortgage may assign this Lease to any telecommunications company with assets in excess of One Hundred Million Dollars ($100,000,000) and upon such assignment, such assignor shall be bound by the terms of this Lease. When used in this Lease, .'mortgage" shall include whatever securit) instruments are used in the locality of the Premises, such as, without limitation, mortgages, deeds of trust, security deeds, and conditional deeds, as well as financing statements, security agreements, and other documentation required pursuant to the Uniform Commercial Code or successor or similar legislation. If a Mortgagee shall send to Lessor and its counsel a true copy of the leasehold mortgage, together w ith written notice specifying the name and address of the Mortgagee and the pertinent recording data with respect to such leasehold mortgage, Lessor agrees that the following provisions shall apply to such morlgagc ,o long a5 the leasehold mortgage has not been released by the Mortgagee: No Modification/No Meruer. There shall be no cancellation, Surrender or modification of this Lease by I essor and I esste without the prior consent in writing of each Mortgagee. If' the leasehold interest under this I case .shall eN or be held by the same person or party who then holds the reversionary interest under this I ease, no merge► shall result therefrom and both the leasehold and reversionary interests shall continue. Notice Cure. I essor shall, upon serving Lessee with any notice of default or other notice provided for in this L case, simultaneously ser\ c a copy of such notice upon the Mortgagee and no such notice to i.cssee shall be effective unless a copy of such notice is so served on the Mortgagee. Upon receipt of such notice the Mortgagee shall have the same period, after and commencing upon receipt of such notice, to elect (in its sole discretion) to remedy or cause to be remedied the defaults complained of, and Lessor shall accept such performance as if the same had been done by Lessee. Termination. Upon any termination of this i case, at the election of the Mortgagee, Lessor will promptly enter into a new lease of the Premises with such Mortgagee or its nominee for the remainder of the term of the I case, effective us of the date of such termination at the rent and upon the terms, provisions, covenants, and agreements as herein contained, provided: Such Mortgagee(s) or its nominee(s) shall make written request upon Lessor for such new lease within thirty (30) days after the date of such tennination, Such Mortgagee(s) or its nominee(s) pay to Lessor at the time of the execution and delivery of such new lease any sums that would at the time of the execution and delivery thereof be due pursuant to this Lease but for such default or termination (e.g., excluding all, if any, accelerated rent), less one -half (1 2) of the net income collected and retained by Lessor subsequent to the date of termination of this Lease and prior to the execution and delivery of the new lease, and Upon the execution and delivery of such new lease, all subleases, licenses and other occupancy and use agreements that theretofore may have been assigned and transferred to Lessor shall thereupon be assigned and transferred by Lessor to the Mortgagee or its nominee, and assumed by the Mortgagee or nominee, and such party shall indemnify and hold Lessor harmless from and against any further liability thereunder Lessor hereby agrees that, with respect to any such sublease so assigned, Lessor will not modify or amend any of the terms or provisions thereof, during the period between the expiration or termination of this Lease and the execution and delivery of a new lease Application of Certain Proceeds The Mortgagee may reserve the right to apply to the mortgage debt all or any part of Lessee's share of the proceeds from any insurance policies or arising from a condemnation EX111131 I' E Memorandum of Lease MEMORANDUM OF LLASF. THIS MEMORANDUM OF LEASE is entered into as of the day of , 20 , by and between Milestone Tower Limited Partnership - IV, a Delaware limited partnership ("Lessee"'), and , a ( "Lessor ") RECITALS: A Lessor and Lessee are parties to a Site Lease Agreement, dated , 2018 (the "Lease "), pursuant to which lessor has leased to Lessee certain real property in the City of Roanoke, Virginia described in Exhibit "A" attached hereto B Lessor and Lessee wish to enter into this Memorandum of Lease. NOW, THEREFORE, in consideration of the premises, the sum of Five Dollars ($5.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Lessor and Lessee hereby agree as follows: I. The name of the le,,soi under the Lease is the City of Roanoke, Virginia, a body corporate and politic. The name of the les,,eu under the Lease is Milestone I ower Limited Partnership IV 3. The address of Lessor, as stated in the Lease, is , Attn: The address of lessee. as stated in the Lease, is Milestone 1 ower Limited Partnership -IV, 12110 Sunset Hills Road, Suite 100, Reston, VA 20190, 4. The leased premises, as described in the Lease, consists of a portion of the property owned by Lessor located at 3137 Preston Ave NW, Roanoke, VA 24012 and as more particularly described on the attached Exhibit A 5. The term of the Lease is ten (10) years. The date of commencement of the term of the Lease was , 2018, and the date of termination of the term of the Lease is ten (10) years thereafter, subject to any applicable renev&al period. 6. Provided I essee is not in default under the Lease beyond any applicable cure period. Lessee may renew the Lease for four (4) five -year renewal periods, to commence at the end of the initial tern of the Lease. Accordingly, the latest date to which the teen of the Lease may be extended is (Signattu•ec continue on the follontng 2 pctges) IN WITNESS WHEREOF, the undersikmed I ESSEE has duly executed this Memorandum of Lease under seal as of the first date stated above ATTE S T: MILESTONE: TOWER LIMITED PARTNERSHIP IV, a Delaware limited partnership B) MILESTONE COMMUNICATIONS MANAGEMENT IN', INC., a Delaware corporation and its general partner By: Leonard Forkas, Jr., President Date: COMMONWEALTH OF VIRGINIA ) TO WIT: COUNTY Of I hereby certify that on this day of _ , 2018, before me, a Notary Public for the state and county aforesaid, personally appeared Leonard Forkas, Jr., known to me or satisfactorily proven to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he executed the foregoing instrument, acting in his capacity as President of MILESTONE COMMUNICATIONS MANAGEMENT IV, INC. for the purposes therein set forth. Notary Public My Commission Expires IN WITNESS WHLREOK the undersigned LESSOR hati duly executed this Memorandum of 1 ea5k- under seal its of'the firtit date stated above ATTEST: IE try Name Title, COMMONWEALTH OF VIRGINIA ) TO WIT: COUNTY OF ) I hereby certify that on this day of' , 20 , before me, it Notary Public for the state and county aforesaid, personally appeared , known to me or satisfactorily proven to be the person wliotie name is subscribed to the foregoing instrument, and acknowledged that he executed the foregoing instrument, acting in his capacity as of for the purposes therein set forth Notary Public My Commission Expires Exhibit A to Memorandum of Lease (Legal Description) 179682644 v5 CASH BOND .AGRFEMENT This Cash Bond Agreement is dated J,y, _ t , 2018, and made effective as of August 30, 2018, by and between Milestone Tower Limited Partnership IV, a Delaware limited partnership, ( "Successful Bidder "), and the City of Roanoke, Virginia, a Virginia municipal corporation ( "City "). RECITALS A. The City, pursuant to Section 15.2 -2100, et seq, Code of Virginia (1950), as amended, sought bids to enter into a Lease Agreement for the Establishment of a Wireless Communications Facility in Preston Park ( "Lease Agreement ") for a term up to thirty -five (35) years on a portion of certain property of the City, located at 3137 Preston Ave NW, Roanoke, VA 24012, designated as Roanoke Official Tax Map No. 2100601, known as Preston Park. B. The City set August 20, 2018 at 12:00 noon as the date and time that bids were due. The Successful Bidder was one of the bidders, and, following a public hearing on .August 20, 2018, City Council awarded the Lease Agreement to the Successful Bidder. Council adopted Ordinance No. t' that awarded the Lease Agreement to Successful Bidder, a copy of which ordinance is attached hereto and made a part hereof as Attachment A. C. The Successful Bidder and the City executed the Lease Agreement effective August 30, 2018, and the term of the Lease Agreement is up to thirty -five (35) years. Under the terms of the Lease Agreement, Successful Bidder has the obligation to pay City monthly rent, a Sitc I cc, and Colocation I ces, its defined in the Lease Agreement, o%cr the term of the I case Agreement, in addition to performing certain other obligations stated in the Lease Agreement and in the Successful Bidder's bid. 1). Pursuant to Section 15.2 2104 of the Code of Virginia, the Successlul Bidder, as the successful bidder, is required to provide a bond, with good and sufficient security, in an amount determined by the City for the rights Successful Bidder was awarded under the Lease Agreement and the duties required of Successful Bidder thereunder. E. Pursuant to the terns of the Lease Agreement, in the event that Successful Bidder fails to comply with the terms of the Lease Agreement, the City is entitled to certain remedies which include, and are not limited to, calling upon such security. 1'. Based on the following, the City agrees that a cash bond in the amount of One Thousand Dollars ($1,000.00) is adequate security for the SIICCCSSIUI Bidder's obligations under the Lease Agreement. NOW, THEREFORE, for and in consideration of the mutual co%cnants and conditions herein Set forth, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the patties, the Successful Bidder and the City, hereby agree the above recitals are hereby incorporated into this Cash Bond Agreement and further agree as follows: 1. The City acknowledges receipt of the Cash Bond in the amount of One Thousand Dollars ($1,000.00), to he invested, held, applied, and or released in accordance with the terms of this Cash Bond Agreement, 2 3. The condition of this Cash Bond Agreement is that the Successful Bidder is held and firmly bound to the City in the sum of the Cash Bond as security for the Successful Bidder's perfonnance of the toms and conditions of the Lease Agreement, incorporated by reference herein. The Successful Bidder acknowledges and agrees that until complete, final, and satisfactory perfonnance of all of the Successful Bidder's obligations under the Lease Agreement, the Successful Bidder has no right or interest in the proceeds of the Cash Bond provided pursuant to this Cash Bond Agreement or to any release of Cash Bond to the Successful Bidder. 3. The City shall deposit the proceeds of said Cash Bond amount with the City Treasurer in an interest- bearing account of the City in an institution insured by FDIC or FSLIC for the term of the Lease Agreement as provided in this Cash Bond Agreement and any approved extensions thereof. 4. If the Successful Bidder fails to comply with any of the terns and conditions of the Lease Agreement or any of the Successful Bidder's obligations under the Lease Agreement City therefore has the right to terminate the Lease Agreement, the City shall have the right to withdra%N the principal sum of the Cash Bond without notice to the Successful Bidder, other than as may be provided by the terms of the Lease Agreement, together with any interest earned. 5. Upon satisfactory- completion of all of Successful Bidder's obligations under the Lease Agreement and completion of the term of the Lease Agreement, the proceeds of the Cash Bond. together with all accrued interest, shall be disbursed to Successful Bidder and this Cash Bond Agreement shall be terminated. 3 b. phis Cash Bond Agreement shall be governed by the laws of the Commonwealth of Virginia. This Cash Bond Agreement may be amended only by written amended executed by the SUCCCS5fUl Bidder, and the City. All capitali/ed tenw, not defined in the Cash [fond Agreement, shall have the meaning ascribed to such terms as set forth in the Lease Agreement. IN WI INI.SS WFIFREOF, the Successful Bidder, and City have executed this Cash Band Agreement by their authorised representatives. SIGNA ITREiS APPfiAR ON FOLLOWING PAGES �i MILESTONE'I'OWER I.IMfI'ED PARINERSIIII' 1N' By: MILESTONE COMMUNICATIONS MANAGEMENT I4', INC., its general partner, a Delaware corporation sy Leonard . iv Pr t den Date: Witness'att st: CITY OF RO , VIRGINIA: By: Robert . Cowell, Jr., City Manager Witness attest: Dfp&i� City Clerk Approved as to form Assistant City Attorney Adjoining Property Owners 3137 Preston Avenue, N.W. (Official Tax Map No. 2100601) TAXID MailAddress MailCity MailState MailZip LocalAddress LocalCity LocalZip Ownerl 2091201 40 DOUGLASS AVE NW ROANOKE VA 24012 3901 WILLIAMSON RD NW ROANOKE 24012 BRECKENRIDGE JR HIGH 2100108 940 CAMNEY LN VINTON VA 24179 3029 CHRISTIAN AVE NE ROANOKE 24012 P &J I LLC 2100109 1260 TRAPPER CIR NW ROANOKE VA 24012 3032 TRINKLE AVE NW ROANOKE 24012 ENTERPRISE INVESTMENTS LTD 2100209 3031 PRESTON AVE NW ROANOKE VA 24012 0 CHRISTIAN AV NW ROANOKE JAFFREY CENTER INC 2100215 3031 PRESTON AVE NW ROANOKE VA 24012 3031 PRESTON AVE NW ROANOKE 24012 JAFFREY CENTER INC 2100309 PO BOX 12608 ROANOKE VA 24027 3030 PRESTON AVE NW ROANOKE 24012 FARRELL PROPERTIES -L LLC 2100501 40 DOUGLASS AVE NW ROANOKE VA 24012 3142 PRESTON AVE NW ROANOKE 24012 CITY OF ROANOKE 2100601 PO BOX 1451 ROANOKE VA 24007 3137 PRESTON AVE NW ROANOKE 24012 CITY OF ROANOKE PRESTON PARK 2100701 3201 TRINKLE AVE NW ROANOKE VA 24012 3201 TRINKLE AVE NW ROANOKE 24012 WOODWARD RAYMOND C 2100801 3202 TRINKLE AVE NW ROANOKE VA 24012 3202 TRINKLE AVE NW ROANOKE 24012 GARDNER COVAR H 2100802 3210 TRINKLE AVE NW ROANOKE VA 24012 3210 TRINKLE AVE NW ROANOKE 24012 GOBBLE FRED S & JEAN D 2100901 j4527 OAKLAND BLVD NE ROANOKE VA 24012 0 PRESTON AV NW ROANOKE GRIMES KENNITH N & MARTHA J 2101001 3201 CHRISTIAN AVE NW ROANOKE VA 24012 3201 CHRISTIAN AVE NW ROANOKE 24012 HALL JEANNE F 2101101 4728 STARKEY RD SW ROANOKE VA 24018 3202 CHRISTIAN AVE NW ROANOKE 24012 BOWMAN PROPERTIES LLC 2102501 3301 PRESTON AVE NW ROANOKE VA 24012 3301 PRESTON AVE NW ROANOKE 24012 TALTON ROBERT T The Roanoke Times Roanoke, Virginia Affidavit of Publication CITY OF ROANOKE - PDV Attn Tina Carr STEPHANIE MOON, CITY CLERK 215 CHURCH AVE. SW, SUITE 456 ROANOKE, VA 24011 Account Number 6011439 Date October 02, 2018 Date Category Description Ad Size Total Cost 10/08/2018 Legal Notices PUBLIC HEARING NOTICE An public hearings advertised her 1 x 133 L 1,282.96 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 An was published in said newspapers on the following dates: 09/25, 10/02/2018 The First insertion being given ... 09/25/2018 Newspaper reference: 0000824985 � ( r", /e - 6,-,; �, Billing Representative Sworn to and subscribed before me this Tuesday, October 2, 2018 v o ry Pub c N/, '�.. State of Virginia tiOT,n i ' • �^.% City/County of Roanoke A.' . PUoL:C _ My Commission expires * FiEG. 7§.;329;64 ;t Nly cnwilSSIC,,4 '• FIRE � rA LTi4 Q-i .8q��• I I.1lb 15 NV I A WILL. r"LCAJC r'AT rmum w4 ! nM %J "Otell%W' City Councd will hold a public hearing PUBLIC HEARING NOTICE on the aforesaid applications on October 15, 2018, at 7:00 p.m., or as soon thereafter as the matters may be An public hearings advertised herein heard, in the City Council Chamber. fourth floor, Roam 450, Noel C. Taylor will be held in the City Council Chamber, fourth floor, Room 450, Noel Municipal Building, 215 Church Avenue, C. Taylor Municipal Building, 215 S.W., Roanoke, Virginia. Church Avenue, S.W., Roanoke, Virginia. Any applications will be Any person with a disability requiring available for review in Planning, any special accommodation to attend Building, & Development, first floor, Room 170, 215 Church Avenue, S.W., or participate in the public hearings should contact the City Clerk's office at Roanoke, Virginia (540) 853.2541 at least five days prior to the scheduled public hearings. The C111Y of Roanoke Plamnrg Commisslon will hold a public hearing Stephanie M. Moon Reynolds, MMC, on October 8, 2018, at 1:30 p.m., or as City Clerk soon thereafter as the matters may be heard, to consider these applications: The City of Roanoke Board of Zoning Appeals will hold public hearings on t New Century Community Church Inc. October 10, 2018, at 1:00 p.m., or as soon thereafter as the matters may be requests rezone property p perty located at 4221 Melrose Avenue, N.W., Official Tax heard, to consider these applications: Map No. 2762801, from CG, Commercial. General District, to IN, Institutional Application by Galt Properties, LLC, for District. Approval of this rezoning application from property located at 319 Mountain Avenue, S.W., bearing Official Tax Map CG, Commercial- General District, to IN, Institutional No. 1020812, for a special exception District, would allow for all of the pursuant to Section 36.2 -315, Zoning, Code of the City of Roanoke (1979), as church's facilities to be under one consistent zoning designation. The amended, to establish a short-term land use categories permitted in fN rental. include accommodations and group living; commercial; assembly and Application from Layman Memorial entertainment: public, institutional and Baptist Church for property located at 1336. 1402. 0, and 0 Peters Creek Road, community facilities; transportation: utility: agricultural; and accessary, N.W., bearing Official Tax Map Nos. with no maximum density specified 2770201, 2770109, 2770110, and 2770111, respectively, for a special and no maximum floor area ratio. The city's comprehensive plan designates exception pursuant to Section 36.2 -333, the property for commercial use. Zoning, Code of the City of Roanoke (1979), as amended, to change a A request by the City of Roanoke to nonconforming use in the floodway (eating establishment) to another use consider an amendment to Vision 2001- 2020, the city's comprehensive plan, to not generally permitted in the vacate the public use of a portion of o (place of worship) on the Preston Park and to release the pr. property propeerty public's right to use such portion of Preston Park to allow the construction, Donna M. Payne, Secretary. City Board operation, and maintenance of a of Zoning Appeals wireless telecommunications facility to ;824985) allow a temporary change of use of public property for the term of the lease agreement on leased property, being a portion of city-owned property located at 3137 Preston Avenue, N.W., being Official Tax Map No. 2100601. A request by the City of Roanoke to consider an amendment to Vision 2001 2020, the city's comprehensive plan, to vacate the public use of a portion of Fallon Park and to release the public's right to use such portion of Fallon Park to allow the construction, operation, and maintenance of a wireless telecommunications facility to allow a temporary change of use of public property for the term of the lease agreement on leased property, being a portion of city-owned property located at 502 19th Street, S.E., bearing Official Tax Map No. 4310101. Tina M. Carr, Secretary, City Planning Commission ' 1€1 OCT- 3 AM 11:37 S 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 Planning, Building, & Development. first floor, Room 170, 215 Church Avenue, S.W.. Roanoke, Virginia, The City of Roanoke Planning Commission will hold a public hearing on October 8, 2018, at 1:30 p.m.. or as soon thereafter as the matters may be heard, to consider these applications: New Century Community Church Inc. requests to rezone property located at 4221 Melrose Avenue, N.W., Official Tax Map No. 2762801, from CG, Commercial - General District, to IN, Institutional District. Approval of this rezoning application from CG, Commercial - General District, to IN, Institutional District, would allow for all of the church's facilities to be under one consistent zoning designation. The land use categories permitted in IN include accommodations and group living; commercial, assembly and entertainment; public, institutional and community facilities, transportation. utility; agricultural; and accessory, with no maximum density specified and no maximum floor area ratio. The city's comprehensive plan designates the property for commercial use. A request by the City of Roanoke to consider an amendment to Vision 2001 -2020, the city's comprehensive plan, to vacate the public use ofa portion of Preston Park and to release the public's right to use such portion of Preston Park to allow the construction, operation, and maintenance ofa wireless telecommunications facility to allow a temporary change of use of public property for the term of the lease agreement on leased property, being a portion ofcity- owned property located at 3137 Preston Avenue, N.W., being Official Tax Map No. 2100601. A request by the City of Roanoke to consider an amendment to Uision 2001- 2020, the city's comprehensive plan, to vacate the public use ofa portion of Fallon Park and to release the publics right to use such portion of Fallon Park to allow the construction, operation, and maintenance ofa wireless telecommunications facility to allow a temporary change of use of public property for the term of the lease agreement on leased property, being a portion of city - owned property located at 502 19`x' Street, S.I., bearing Official Tax Map No. 4310101. Tina M. Carr. Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid applications on October 15, 2018, at 7:00 p.m., or as soon thereafter as the matters may be heard, in the City Council Chamber, fourth floor. Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Any person with a disability requiring any special accommodation to attend or participate in the public hearings should contact the City Clerk's office at (540) 853 -2541 at least five days prior to the scheduled public hearings. Stephanie M. Moon Reynolds, MMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold public hearings on October 10, 2018, at 1:00 p.m., or as soon thereafter as the matters may be heard, to consider these applications: Application by Galt Properties, LLC, for property located at 319 Mountain Avenue, S.W., bearing Official Tax Map No. 1020812, for a special exception pursuant to Section 36.2 -315, Zoning, Code of the City of Roanoke (1979), as amended, to establish a short-term rental. Application from Layman Memorial Baptist Church for property located at 1336, 1402, 0, and 0 Peters Creek Road, N.W., bearing Official Tax Map Nos. 2770201, 2770109, 2770110, and 2770111, respectively, for a special exception pursuant to Section 36.2 -333, Zoning, Code of the City of Roanoke (1979), as amended, to change a nonconforming use in the floodway (eating establishment) to another use not generally permitted in the floodway (place of worship) on the property. Donna M. Payne, Secretary, City Board of Zoning Appeals Please publish in newspaper on Tuesday, September 25, 2018, and Tuesday, October 2, 2018. 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 ctroanokeva.gov Donna M. Payne Secretary to the Board of Zoning Appeals Planning, Building, & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 166 Roanoke, VA 24011 540/853 -1730 donna.pa ry 1eLctroanokeva.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 S*1 1,1111ANIE M. MOON REYNOLDS, MM( Cit) Clerk CITY OF ROANOKE OFFICE OF 'IAE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 "Telephone: (540) 853 -2541 Fav (540) 853 -1145 Email: elerk(a roanokeva.gov City of Roanoke P &J I LLC Enterprise Investments, Ltd. Jaffrey Center, Inc. Farrell Properties -L LLC Raymond C. Woodward Ladies and Gentlemen: October 1, 2018 CECELIA F. MC'C'OY Deputy City Clerk CECE:LIA 1'. WE:BB, C'MC Assistant Deputy City Clerk Covar H. Gardner Fred S. and Jean D. Gobble Kennith N. and Martha J. Grimes Jeanne F. Hall Bowman Properties, LLC Robert T. Talton A public hearing has been advertised to be heard by the City Planning Commission on Monday, October 8, 2018 at 1:30 p.m., in the EOC Conference Room, Room 159, First Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request by the City of Roanoke to vacate the public use of a portion of Preston Park located at 3137 Preston Avenue, N. W. (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, October 15 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 October 8. 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, 67- Cecelia F. McCoy Deputy City Clerk Enclosure