HomeMy WebLinkAboutCouncil Actions 12-17-18ROANOKE CITY COUNCIL
REGULAR SESSION
DECEMBER 17, 2018
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order - -Roll Call. All Present.
BESTPITCH
41332- 121718
The Invocation was delivered by The Reverend Lyle Morton, Pastor, West
End United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Sherman P. Lea, Sr.
Welcome, Mayor Lea.
NOTICE:
Today's Council meeting will be televised live and replayed on RVTV Channel 3
on Thursday, December 20 at 7:00 p.m., and Saturday, December 22 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:
Board of Zoning Appeals — one vacancy
Three -year term of office ending December 31, 2021
Building and Fire Code Board of Appeals — one vacancy
Building Representative term of office ending June 30, 2021
1
Roanoke Valley Greenway Commission — one vacancy
Unexpired term of office ending June 30, 2019
Access the City's homepage to complete an online application for the
abovementioned vacancies.
2. PRESENTATIONS AND ACKNOWLEDGEMENTS:
Recognition of the United Black Veterans Society of Virginia (UBVS of VA) for
their meritorious and honorable military service.
The Mayor presented Suttie "Sunny" Economy, a World War II Veteran, with
a City gift and Aerialview photo of the Roanoke Valley for service to his
community and Country.
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.
Dan Crawford, 2311 Kipling Street, S. W., appeared before the Council and
spoke in support of a new change for Lee Plaza, Jackson Branch Library
and Jackson Park.
4. CONSENT AGENDA:
(APPROVED 7 -0, as amended)
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. Mayor Lea
called attention to four requests for Closed Meetings — two requests of the
City Manager and two requests of the City Attorney. He advised that Item
C -3 would be removed and considered separately inasmuch as Council
Member Davis has a personal conflict of interest.
C -1 Minutes of the regular meeting of City Council held on Monday,
November 19, 2018.
RECOMMENDED ACTION: Dispensed with the reading of the minutes
and approved as recorded.
2
C -2 A communication from the City Manager requesting that Council convene
in a Closed Meeting to discuss the disposition of a portion of City -owned property
located at 23 Centre Avenue, N. W., where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the public body,
pursuant to Section 2.2 -3711 (A)(3), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
C -3 Removed and considered separately. (See below)
C -4 A communication from the City Attorney requesting that Council convene
in a Closed Meeting for consultation with legal counsel, pertaining to probable
litigation, where such consultation in open meeting would adversely affect the
negotiating or litigation posture of the City, pursuant to Section 2.2 -3711 (A)(7),
Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
C -5 A communication from the City Attorney requesting that Council convene
in a Closed Meeting for consultation with legal counsel, pertaining to pending
litigation, where such consultation in open meeting would adversely affect the
negotiating or litigation posture of the City, pursuant to Section 2.2 -3711 (A)(7),
Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concurred in the request.
C -6 A communication from the City Manager recommending adoption of the
Calendar of Events for Budget Development Activities for Fiscal Year 2019 —
2020.
RECOMMENDED ACTION: Concurred in the request.
C -7 Reports of qualification of the following individuals:
Lew Bishop as a City representative of the Blue Ridge
Behavioral Healthcare, Board of Directors, for a three -year of
office ending December 31, 2021;
Cerid E. Lugar as a member (Citizen At- Large) of the Youth
Services Citizen Board for a three -year term of office ending
June 30, 2019;
William Nelms as the Student representative /Patrick Henry
High School of the Youth Services Citizen Board, for a term
of office ending June 30, 2019;
Robert Clement as a member of the Board of Zoning
Appeals for a three -year term of office, commencing
January 1, 2019, and December 31, 2021; and
3
LaKeevia Sinkford as a member of the Human Services
Advisory Board for a term of office, commencing
December 1, 2018, and ending November 30, 2022.
RECOMMENDED ACTION: Received and filed.
C -3 A communication from the City Manager requesting that Council
convene in a Closed Meeting for discussion and consideration of the
acquisition of real property for public purposes, pursuant to Section 2.2-
3711 (A)(3), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concurred in the request. (6 -0, Council
Member Davis abstained from voting.)
REGULAR AGENDA:
5. PUBLIC HEARINGS: NONE.
6. PETITIONS AND COMMUNICATIONS: NONE.
7. REPORTS OF CITY OFFICERS AND COMMENTS OF THE
CITY MANAGER:
a. CITY MANAGER:
BRIEFINGS:
• Community Carbon Emissions
and Energy Summary
Received and filed.
• Citizen's Climate Lobby
Received and filed.
• FY 18 Audited Results
Received and filed.
• Strategic Plan
Received and filed.
ITEMS RECOMMENDED FOR ACTION:
20 minutes
10 minutes
20 minutes
15 minutes
1. Acceptance of the 2019 Department of Motor Vehicles Traffic
Safety (Roanoke City DUI Task Force) Grant from the Virginia
Department of Motor Vehicles.
WITHDRAWN.
Il
2. Acceptance of the United States Department of Education's 21St
Century Community Learning Center Grant to the Roanoke Public
Libraries through the Roanoke City Public Schools.
Adopted Resolution No. 41332 - 121718 and Budget Ordinance
No. 41333-121718. (7 -0)
3. Acceptance of Virginia Department of Transportation Award for the
FY2018 Regional Surface Transportation Program for the Roanoke
River Greenway Bridge across Barnhardt Creek Project.
Adopted Resolution No. 41334 - 121718. (7 -0)
4. Amendment of the Roanoke Civic Center — Berglund Center
budget.
Adopted Budget Ordinance No. 41335 - 121718. (7 -0)
5. Execution of a Lease Agreement with the Roanoke Regional Airport
Commission for the City to lease the former Fire -EMS Station #10.
Adopted Ordinance No. 41336- 121718 and Budget Ordinance
No. 41337-121718. (7 -0)
6. Execution of Amendment No. 1 to the Contract for Purchase and
Sale of Real Property with Old School Partners II, LLC, to extend
the Due Diligence Period in connection with the sale and
development of Historic Fire Station No. 1.
Adopted Ordinance No. 41338- 121718. (7 -0)
COMMENTS OF THE CITY MANAGER.
The City Manager offered the following comments:
Priority Indicator and Performance Measures Report
• FY2017 -2018 Priority Indicator and Performance Measures Report. A
link to the document will be sent to you later today, and a hard copy
will be available in both the Main Library and in the City Clerk's Office.
• The results provided will be used as a management tool to help
improve services to citizens and be a resource during the budget
development process for FY2019 -2020.
• In this document, you will find Priority Indicators used to measure the
overall progress of the individual priorities.
• Additionally, performance measure results provided for all the
approved budget offers in Fiscal Year 2017 -2018.
City Offices to Close for Upcoming Holidays
City offices closed for the Christmas Holiday on Monday and Tuesday,
Dec. 24 and 25, and for the New Year's Holiday on Monday,
December 31, and Tuesday January 1, 2019.
Solid Waste Collection Changes
Because of the City closing its offices for the holidays, Solid Waste
Collection for brush, bulk, trash and recycling conducted on those weeks
as follows:
Christmas Week
• Monday and Tuesday routes will begin collection on Wednesday,
December 26
• Tuesday and Wednesday routes will be collected on Thursday,
December 27
• Thursday routes will be collected on Friday, December 28
Residents reminded that the week of Christmas is "A week" recycling.
New Year's Week
• Monday and Tuesday routes will begin collection on Wednesday,
January 2
• Tuesday and Wednesday routes will be collected on Thursday,
January 3
• Thursday routes will be collected on Friday, January 4
Residents reminded that the week of New Year's is "B week" recycling.
For more information, contact the Solid Waste Division at 853 -2000,
Option 1.
Final Leaf Collection Week
• Due to this past week's snow event, the final week of paper bagged
leaf collection postponed until this week, Dec. 17 -21.
• Residents are asked to put their bagged leaves at the curb on the
same day as their regular trash collection.
Dickens of a Christmas
• Dickens of a Christmas will conclude on Friday, Dec. 21, with the
Pet Costume Contest and the Coca Cola Snow Zone.
• The Pet Costume Contest begins at 6:30 p.m.
• Dickens activities run from 6 to 10 p.m. in downtown Roanoke
8. REPORTS OF COMMITTEES: NONE.
9. UNFINISHED BUSINESS: NONE.
10. INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS: NONE.
11. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and /or comments by the Mayor and Members of City Council.
Mayor Lea announced the Lea High School Winter Classic Basketball
Challenge on January 12, 2019 at the Berglund Center.
Council Member Price thanked City staff for their efforts during the
snow event last week; and Mayor Lea thanked the Assistant City
Manager for Operations, Sherman Stovall for the coordination of
staff departments.
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council. NONE.
12. RECESSED - 4:27 P. M.
THE COUNCIL MEETING WAS DECLARED IN RECESS FOR CLOSED MEETING
UNTIL 7:00 P.M., IN THE CITY COUNCIL CHAMBER.
7
ROANOKE CITY COUNCIL
REGULAR SESSION
DECEMBER 17, 2018
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order - -Roll Call. All Present.
The Invocation was delivered by The Reverend Melissa Hays- Smith,
Archdeacon, Episcopal Diocese of Southwest Virginia.
The Pledge of Allegiance to the Flag of the United States of America was
led by Boy Scout Troop 2, sponsored by Raleigh Court Presbyterian Church. ,
Welcome. Mayor Lea.
First Certification Motion:
Certification of a Closed Meeting, with the exception of discussion and
consideration of the acquisition of real property for public purposes,
pursuant to Section 2.2 -3711 (A)(3), Code of Virginia (1950), as amended.
(7 -0)
Second Certification Motion:
Certification of a Closed Meeting regarding discussion and consideration
of the acquisition of real property for public purposes, pursuant to Section
2.2 -3711 (A)(3), Code of Virginia (1950), as amended.
(6 -0, Council Member Davis abstaining due to personal conflict of interest.)
H;
NOTICE:
Tonight's Council meeting will be televised live and replayed on RVTV Channel 3
on Thursday, December 20 at 7:00 p.m., and Saturday, December 22 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.
A. PRESENTATIONS AND ACKNOWLEDGEMENTS:
Recognition of James Hunter Tarpley, Jr., as the 2018 Citizen of the Year.
Adopted Resolution No. 41339 - 121718. (7 -0)
The Mayor recognized and presented Mr. Tarpley with a ceremonial copy of
the Resolution.
Recognition of the Roanoke Catholic High School Football Team as the 2018
VISAA Division III State Champions.
The Mayor recognized and presented the Roanoke Catholic High School
coaches and Football Team with Certificates of Achievement.
B. PUBLIC HEARINGS:
1. Request of Seven Hills Investment Properties, LLC, to rezone property
located at 3162 Williamson Road, N. W., from CN,
Commercial Neighborhood District, to CG, Commercial - General District,
with conditions. Hussain Alam, Agent, Spokesperson.
Matter was continued until the January 14, 2019 City Planning
Commission Meeting.
2. Proposal of the City of Roanoke to consider an amendment to the
boundary of the Williamson Road Area Service District to expand the
District to include all property situated at 1303 Williamson Road, N. W.,
within the District. Daniel J. Callaghan, City Attorney.
Adopted Ordinance No. 41340 - 121718. (7 -0)
3. Proposal of the City of Roanoke to lease City -owned property to the Blue
Ridge Zoological Society of Virginia, Inc., to operate and maintain the Mill
Mountain Zoo. Robert S. Cowell, Jr., City Manager.
Adopted Ordinance No. 41341 - 121718. (7 -0)
�7
C. HEARING OF CITIZENS UPON PUBLIC MATTERS:
NONE.
Mayor Lea announced The Central Intercollegiate Athletic Association
(CIAA) had extended its agreement with the City of Salem for the next
seven years.
Mayor Lea wished everyone a happy holiday season and a very prosperous
New Year.
D. ADJOURNED - 8:06 P.M.
10
CITY COUNCIL AGENDA REPORT
PF
To: Honorable Mayor and Members of City Council
Meeting: December 17, 2018
Subject: Request for Closed Meeting
This is to request that City Council convene a closed meeting to discuss the
disposition of a portion of City -owned property located at 23 Centre Avenue,
N.W. bearing Official Tax Map No. 2013016 where discussion in an open
meeting would adversely affect the bargaining position or negotiating strategy
of the public body, pursuant to §2.2- 3711.A.3, Code of Virginia (1950), as
amended.
- -- --- r_
Robert S. Cowell, ,Jr.
City Manager
Distribution: Council Appointed Officers
CITY OF ROANOKE
OFFICE OF THE CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011 -1595
Daniel J. Callaghan TELEPHONE 540 - 853 -2431
City Attorney FAX 540 - 853 -1221
EMAIL: cityatty @roanokeva.gov
December 17, 2018
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Request for closed meeting
Dear Mayor Lea and Council Members:
Timothy R. Spencer
David L. Collins
Heather P. Ferguson
Laura M. Carini
Douglas P. Barber, Jr.
Assistant City Attorneys
This is to request, pursuant to Section 2.2- 3711.A.7, Code of Virginia (1950), as
amended, that City Council convene a closed meeting for consultation with legal counsel,
pertaining to probable litigation where such consultation in open meeting would adversely
affect the negotiating or litigation posture of the City.
With kindest personal regards, I am
Sincerely yours,
Daniel J. allaghan
City Attorney
DJC /lsc
c: Robert S. Cowell, Jr., City Manager
Stephanie M. Moon Reynolds, City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011 -1595
Daniel J. Callaghan TELEPHONE 540- 853 -2431
City Attorney FAX 540 - 853 -1221
EMAIL: cityatty @roanokeva.gov
December 17, 2018
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Request for closed meeting
Dear Mayor Lea and Council Members:
Timothy R. Spencer
David L. Collins
Heather P. Ferguson
Laura M. Carini
Douglas P. Barber, Jr.
Assistant City Attorneys
This is to request, pursuant to Section 2.2- 3711.A.7, Code of Virginia (1950), as
amended, that City Council convene a closed meeting for consultation with legal counsel,
pertaining to pending litigation where such consultation in open meeting would adversely
affect the negotiating or litigation posture of the City.
With kindest personal regards, I am
Sincerely yours,
Daniel J. Ca aghan
City Attorney
DJC /lsc
c: Robert S. Cowell, Jr., City Manager
Stephanie M. Moon Reynolds, City Clerk
y
a
,C.
CITY COUNCIL AGENDA REPORT
=s..`
PV
To: Honorable Mayor and Members of City Council
Meeting: December 17, 2018
Subject: Adoption of Calendar of Events for Budget Development
Activities for FY 2019 -2020
Considerations:
Annually, City Council approves the Calendar of Events for Budget Development
Activities for the upcoming fiscal year. The recommended Calendar of Events
for FY 2019 -2020 is attached.
Recommended Action:
Approve the attached Calendar of Events for Budget Development Activities for
FY 2019 -2020.
- - - -- ---------------
Robert Cowell
City Manager
Distribution: Council Appointed Officers
Sherman M. Stovall, Assistant City Manager for Operations
R. Brian Townsend, Assistant City Manager for Community
Development
Amelia C. Merchant, Director of Finance
CALENDAR OF EVENTS
FOR BUDGET DEVELOPMENT ACTIVITIES
FISCAL YEAR 2019 - 2020
Date Budget Preparation Activities
January 7, 2019 Financial /Budget Planning Work Session
(During 9:00 a.m. Morning Briefing Session)
February 4, 2019 Financial /Budget Planning Work Session
(During 9:00 a.m. Morning Briefing Session)
March 4, 2019 Financial /Budget Planning Work Session (continued)
(During 9:00 a.m. Morning Briefing Session)
April 1, 2019 Financial /Budget Planning Work Session (continued)
(During 9:00 a.m. Morning Briefing Session)
April 15, 2019 Recommended budget presented to City Council at
regularly scheduled meeting
April 25, 2019 Public hearings on recommended budget and tax rates
(Thursday) at 7:00 p.m.
May 6, 2019 Budget Study
May 13, 2019 City Council adopts General Fund, School Fund,
Proprietary Fund budgets and an Update to the HUD
Consolidated Plan and approves an annual
appropriation ordinance at 2:00 p.m.
S 1'EPIiANIE 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
Telepl ► one: (540) 853 -2541
Fax: (540) 853 -1145
E -mail: clerk(ntroanokeva.gov
December 18, 2018
Debbie Bonniwell, Chief Executive Director
Blue Ridge Behavioral Healthcare
301 Elm Avenue, S. W.
Roanoke, Virginia 24016
Dear Ms. Bonniwell:
CECEL.IA F. MCCOY
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
This is to advise that Lew Bishop has qualified as a City representative of the Blue
Ridge Behavioral Healthcare Board of Directors for a three -year term of office ending
December 31, 2021.
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Lew Bishop, do solemnly swear that I will support the Constitution of the
United States of America and the Constitution of the Commonwealth of Virginia, and
that I will faithfully and impartially discharge and perform all the duties incumbent upon
me as a City representative of the Blue Ridge Behavioral Healthcare, Board of
Directors, for a three -year term of office ending December 31, 2021, according to the
The foregoing oath of office �,w/as taken, sworn to, and subscribed before me by
Lew Bishop this a9 day of 1 OLem t e42018.
Brenda S. Hamilton, Clerk of the Circuit Court
Clerk
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: clerk@.roanokeva.gov
December 18, 2018
Aisha Johnson
Assistant to the City Manager
Roanoke, Virginia
Dear Ms. Johnson:
CECELIA F. MCCOY
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
This is to advise you that Cerid E. Lugar has qualified as a member (Citizen At- Large) of
the Youth Services Citizen Board for a three -year term of office ending June 30, 2019.
4 1 1
Stephanie M. Moon Reyn td.9;' M
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Cerid E. Lugar, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member (Citizen At- large) of the Youth Services Citizen Board
for a three -year term of office ending June 30, 2019, according to the best of my ability.
(So help me God.)
CE ID E. LUGAR
The foregoing oath of office was taken, sworn to, and subscribed before me by Cerid E.
Lugar this 6 day of elL 2018.
Brenda
D
Hamilton, Clerk of the Circuit Court
,C
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 clerk(t.roauokeva.gov
December 18, 2018
CECELIA F. MCCOY
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City
Aisha Johnson
Assistant to the City Manager
Roanoke, Virginia
Dear Ms. Johnson:
This is to advise you that William Nelms has qualified as a member (Student/Patrick
Henry High School) of the Youth Services Citizen Board for a term of office ending
June 30, 2019.
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, William Nelms, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as the Student representative /Patrick Henry High School of the
Youth Services Citizen Board, for a term of office ending June 30, 2019, according to
the best of my ability. (So help me God)
/ , -
WILLIAM NELMS
The foregoing oath of office was taken, sworn to, and subscribed before me by
William Nelms this V2' day of�ec— 2018.
Brenda S. Hamilton, Clerk of the Circuit Court
i
S'T'EPHANIE M. MOON REYNOLDS, MMC
City Clerk
Donna Payne, Secretary
Board of Zoning Appeals
Roanoke, Virginia
Dear Ms. Payne:
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(mroanokeva.gov
December 18, 2018
CECEtdA F. MCCOY
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
This is to advise you that Robert Clement has qualified as a member of the Board of
Zoning Appeals for a three -year term of office, commencing January 1, 2019 and
ending December 31, 2021.
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, Robert Clement, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member of the Board of Zoning Appeals for a three -year term
of office, commencing January 1, 2019, and ending December 31, 2021, according to
the best of my ability. (So help me God.)
The foregoing oath of office was taken, sworn to, and subscribed before me by
Robert Clement this J day of 8 .
Brenda S. Hamilton, Clerk of the Circuit Court
By ,Clerk
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: clerk(n�,roanokeva.gov
December 18, 2018
Teresa McDaniel, Secretary
Human Services Advisory Board
Roanoke, Virginia
Dear Ms. McDaniel:
CECELIA F. MCCOY
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
This is to advise you that LaKeevia Sinkford has qualified as a member of the Human
Services Advisory Board for a term of office, commencing December 1, 2018, and
ending November 30, 2022.
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to -wit:
I, LaKeevia Sinkford, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member of the Human Services Advisory Board for a term of
office, commencing December 1, 2018, and ending November 30, 2022 according to
the best of my ability. (So help me God.)
The foregoing oath of office was taken, ,,sw!worn to, and subscribed before me by
LaKeevia Sinkford this�y of 'A1011, 2018.
Brenda S. Hamilton, Clerk of the Circuit Court
REPORT
To: Honorable Mayor and Members of City Council
Meeting: December 17, 2018
Subject: Request for Closed Meeting
This is to request that City Council convene a closed meeting for discussion and
consideration of the acquisition of real property for public purposes pursuant
to §2.2 -371 1.A.3, Code of Virginia (1950), as amended.
Robert S. Cowell, .Jr.
City Manager
Distribution: Council Appointed Officers
64TIZENS FOR
CLEAN
City of Roanoke
2016/2017 Community &Municipal
Greenhouse Gas (GHG) Emissions
And Energy Summary
Roanoke City Council Meeting
December 17, 2018
ROANOKE
Dr. Sean McGinnis Nell Boyle
Director - VT Green Engineering Program Sustainability Outreach Coordinator — City of Roanoke
Roanoke City Citizens for Clean & Green Committee Roanoke City Citizens for Clean & Green Committee
[CITIZENS FOR
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NOAA Earth System Research Laboratory
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National Oceanic and Atmospheric Administration (NOAA), Earth System Research Laboratory
Global Monitoring Division, http ://www.esrl.noaa.gov/gmd/ccgg /trends /full.html
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ROANOKE
CITIZENS FOR
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5 Step Process For GHG Reduction
City Council Resolution Sept. 18, 2006
2005 Baseline Report Dec. 27, 2007
Baseline
emissions City Council Resolution Sept. 2, 2008
inmanwry I I
& 10% community reduction (Jan. 2009 Dec. 2014
1
Emissions I I I
I I I I I I
reduction ;
targets
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Develop Local Government Action Plans
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Implement t.ocal Action Plans
Monitor and vOrify results
I I I I I I I
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City Council Resolution June 6, 2016
10% Community Reduction (Jan. 2015- Dec. 2019) ,T
12.5% Municipal Reduction ;
I I I 1
WAR
ROANOKE
1st Targets Exceeded:
Community -13%
Municipality - 25%
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New Emissions
reduction
1
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016
CITIZENS FOR .
Roanoke Energy and GHG Inventory Analysis .•&
CLEAN ROA N O KE
<GRE
• Scope
1. City limits and physical boundaries
2. Residential, commercial, industrial, and municipal activities
3. Electricity, natural gas, transportation fuels, and waste
4. Baseline Year 2005
• Data Sources
1. Utility billing records for electricity and natural gas use by sector
2. VDOT Vehicle miles travelled (VMT) data
3. Roanoke City energy and fuel records
• Emission Analysis
• ICLEI ClearPath online emissions software used starting in 2015
• AEP changed its data reporting for carbon dioxide emissions to include just APCO region
which has higher carbon intensity due to larger use of coal than AEP Eastern Region
CITIZENS FOR
CLEAN
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Emissions Reduction Strategies
Commitments:
ROANOKE
• ICLEI — by virtue of a Council Resolution from June 2016, an additional 10% &
12.5% reduction for the community and municipality, respectively
• Better Building Challenge - 20% reduction by 2022 in 1,000,000 sq. ft. in core
buildings
Tax Incentives:
• Solar Abatement — citizens can receive an abatement to the Real Estate Property
Tax for 5 years on a percentage of the purchase price of solar equipment and
installation
• Energy Efficiency — a 10% reduction of Real Estate Property Taxes over 5 years for
home or businesses that improve energy performance by 30% over code
Strategies:
• Climate Action Plan and Summary — outlines goals, targets and strategies for
reducing emissions in municipal operations and the community
CITIZENS FOR
alt
CLEAN
I <GREEN
• Cafe 2
Community Outreach
• Biggest Loser
• Save- A Ton
• Green Academy
• Clean & Green Business Coalition
• Green Living Expo - Sponsor
• Solarize Roanoke
• Envision Roanoke
• Weatherize Roanoke
• Greater Solar Co -op
• Numerous presentations & events
ROANOKE
Climate Action Plan
Roanoke's ultimate vision is to be a
sustainable and livable community. By
sustaining and developing our local
assets, the City will in essence revitalize its
economy, limit waste and pollution,
conserve natural resources, and promote
cooperation and efficiency.
www .roanokeva.gov /DocumentCenter/ View / 9191 /Climate- Action -Plan -Full- Revised - 090717
CITIZENS FOR
i�
CLEAN
� <GRE
City of Roanoke Electricity Usage
ROANOKE
Y
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800,000,000
600,000,000
400,000,000
200,000,000
!
Electricity Usage - City of Roanoke
■ 2005 Electricity
■ 2008 Electricity
■ 2009 Electricity
■ 2010 Electricity
■ 2011 Electricity
2012 Electricity
2013 Electricity
Year -to-
Weather
2016 Electricity
Residential
Commercial
Industrial
Yr -to -Yr
Baseline
(Degree
Year
kWh
kWh
kWh
Other kWh
Totals kWh
Change
Change(2005)
Days)
2005
502,467,666
616,360,103
487,843,077
145,349,802
1,752,020,648
5261
2016
479,298,975
598,118,927
405,302,731
130,053,942
1,612,774,575
-0.7 °0
-7.9°0
5345
2017
460,992,724
572,528,608
388,171,144
128,942,349
1,550,634,825
-3.9 °o
- 11.5%
484
Y
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800,000,000
600,000,000
400,000,000
200,000,000
!
Electricity Usage - City of Roanoke
■ 2005 Electricity
■ 2008 Electricity
■ 2009 Electricity
■ 2010 Electricity
■ 2011 Electricity
2012 Electricity
2013 Electricity
2014 Electricity
2015 Electricity
2016 Electricity
2017 Electricity
Residential
2017 Roanoke Electrical Usage
_ __ _ _ _- -r�—� —„
Commercial Industrial
Other
Tatals
CITIZENS FOR
■l► � City of Roanoke Natural Gas Usage
CLEAN
'PIT,
ROANOKE
i.Y�ZfZI.Z.L:�
Un
E
40,000,000
F-
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An
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M
z
10,000,000
C
Natural Gas Usage - City of Roanoke
• 2005 Natural Gas ■ 2008 Natural Gas
Residential
Commercial
Industrial
Totals
Year -to -Year
Year -to- Baseline
Sector
(therms)
therms)
therms
therms
Change
Change(2005)
2005
19,967,493
13,087,409
15,435,141
48,490,043
2016
17,149,458
13,129,40
15,384,67
45,663,540
-2.3°
-5.8°
2017
16,737,919
12,883,919
14,922,243
44,544,081
-2.50
-8.1
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F-
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An
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Natural Gas Usage - City of Roanoke
• 2005 Natural Gas ■ 2008 Natural Gas
■ 2009 Natural Gas ■ 2010 Natural Gas
■ 2011 Natural Gas 2012 Natural Gas
2013 Natural Gas 2014 Natural Gas
2015 Natural Gas 2016 Natural Gas
2017 Natural Gas
2017 Roanoke Natural Gas Usage
Totals
CITIZENS FOR
CLEAN
City of Roanoke Transportation Analysis
ROANOKE
Roanoke City Vehicle Mile Travelled (VMT)
840
820 817
a,
2 800 793
as
a�
780 777
0 760 752 749 758
c 745 741
740 737 736
726
720 ,700
200`_7) 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017
Roanoke City VMT
By Road Type (2017)
Secondary
36%
Interstate Primary
18% 47%
Roanoke Road Type
Miles By Percentage (2017)
Secondary
Interstate 88%
1.2%
rimary
., 1%
T
City of Roanoke
Climate Action Plan Target:
• Reduce daily vehicle miles
traveled in Roanoke by 5%
by 2020 while increasing
transportation choices and
improving accessibility.
CITIZENS FOR
�I
CLEAN
N'
iGRL N
City of Roanoke Community GHG Emissions � a
ROANOKE
Sector
ClearPath 2016
( mtons)
ClearPath 2017
(mtons)
2017 Baseline
Difference ( %)
Sector
N
Residential
478,678
462,537
-3.4%
23.2 %
Commercial
658,502
636,898
-3.3%
31.9 %
Industrial
409,318
393,727
-3.8%
19.7 %
Transportation
371,503
374,362
0.8%
18.8%
Waste
101,494
128,042
26.2%
6.4%
otals
2,019,495
1,995,56
-1.2%
100.0%
2,000,000
0
4.0
C 1,500,000
O
LA
'E 1,000,000
W
N
0 500,000
C
ClearPath GHG Emissions (CO2 equiv) - City of Roanoke
Residential Commercial Industrial Transportation Waste Totals
CITIZENS FOR
CLEAN
d <Gft L..L_
City of Roanoke Community GHG Emissions
ClearPath Roanoke City GHG Emissions
By Sector (2017)
Waste
Transportati 6.0%
on Residential
19% 23%
Commercial
Industrial &
20% Government
32%
ROANOKE
ClearPath Roanoke City GHG Emissions
By Source (2017)
Natural G
12%
Gasoline
14%
Waste Diesel
r_ 0/ d%
Electricity
65%
CITIZENS FOR
ILEN Municipal Initiatives �•�►
LEA[[
ROANOKE
3GL_RES.�..i i •.
Facilities:
Upgrade of mechanical systems with energy efficient replacement
• Major over haul of Berglund Center, 2 chillers, ice machine
• Hot water system replaced to a much more efficient system
Ongoing lighting upgrades including:
• LED conversion of tube lighting in the municipal buildings
• LED conversion of coliseum lighting
• Parks & Rec fields and park lighting
Fleet:
• Introduction of propane
• Electric Vehicle Car Share program
Transportation:
• Traffic Signals to LED
• Re- sequenced traffic signals for major thoroughfares to reduce driving /idling
time
Highlights of Success
Municipal building reduced electric use by 49%
Courthouse and Jail reduced electric use by 52%
Traffic Signals converted to LED's reduced electric use by 82%
CITIZENS FOR
CLEAN
2016 Municipal -Only GHG Emissions
C
v
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45,000
40,000
i
35,000
30,000
i
t
25,000 —
f
20,000
15,000
10,000
5,000 —
0 —
City of Roanoke - Municipal GHG Emissions
Street Lights & Traffic
r �
ROANOKE
• The municipal
contribution to the
entire City's GHG
emissions is less
than 2 %.
• Municipal data is collected
and analyzed only every
few years due to the much
higher volume of data
from all city buildings,
lights, and vehicles.
City of Roanoke
Climate Action Plan Target:
• Reduce Achieve a 3%
annual reduction in
greenhouse gas emissions
from City facilities by
2020.
Street Lights &
Buildings
Traffic Signals
Vehicle Fleet
Total
Year
(tCO2e)
(tCO2e)
(tCO2e)
(tCO2e)
2005
26,858
8,764
3,634
39,256
2014
20,043
61696
4,590
31,329
2016
24,588
81548
5,586
381722
2016 (Community)
2,019,495
1.9%
C
v
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W
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40,000
i
35,000
30,000
i
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f
20,000
15,000
10,000
5,000 —
0 —
City of Roanoke - Municipal GHG Emissions
Street Lights & Traffic
r �
ROANOKE
• The municipal
contribution to the
entire City's GHG
emissions is less
than 2 %.
• Municipal data is collected
and analyzed only every
few years due to the much
higher volume of data
from all city buildings,
lights, and vehicles.
City of Roanoke
Climate Action Plan Target:
• Reduce Achieve a 3%
annual reduction in
greenhouse gas emissions
from City facilities by
2020.
CITIZENS FOR
I
lCLE
iGaEEN
Cost of Energy
Costs ($)
Municipal Sector
2005
2014
2015
Buildings
Lighting
Fleet Vehicles
$103190251
$1,037,344
$L0920704
$2,6471151
$2525,855
$1,365581
$1,3930411
$1,438,216
1 Jo2,686
Tote!
$3,449,299
$5,450,949
$5,021,952
In 2016, the City of Roanoke saved
$656,168
in "avoided energy" costs for fuel and electricity that
was saved compared to the baseline,
Iwo-oil
ROANOKE
CITIZENS FOR
101
CLEAN
aCREEN
Summary
'210-11W
ROANOKE
• The annual energy and emissions analysis showed a decrease in Community greenhouse
gas (GHG) emissions of 1.2% in 2017 compared to the baseline year of 2016. The
baseline has been adjusted from 2005 due to a new carbon emissions factor data from
APCo which more accurately accounts for the local electricity fuel mix which has a higher
coal percentage.
• Community electricity usage has dropped since 2011 and community natural gas usage
has dropped since 2014.
• Vehicle miles traveled (VMT) in the City of Roanoke been increasing since 2014. The
recent push for more bicycling in the City may help in this regard in future years.
• Cost savings of in the hundreds of thousands of dollars have been realized in the City
due to higher efficiency for both electricity and fuel.
• These GHG reductions also correspond to reduced environmental and health effects
related to improved local air and water quality.
• This on -going analysis effort, supported strongly by City Council and Staff, provides
data to help in the process of improving the future environmental, health, and
economic sustainability of the City.
CITIZENS FOR
The Inconvenient Truth
CLEAN
<CaREEN
Fourth National Climate Assessment
1W-0-10
ROANOKE
• Communities, governments, and businesses are working to reduce risks from and
costs associated with climate change by taking action to lower greenhouse gas
emissions and implement adaptation strategies. While mitigation and adaptation
efforts have expanded substantially in the last four years, they do not yet
approach the scale considered necessary to avoid substantial damages to the
economy, environment, and human health over the coming decades.
• Impacts from climate change on extreme weather and climate - related events, air
quality, and the transmission of disease through insects and pests, food, and water
increasingly threaten the health and well -being of the American people,
particularly populations that are already vulnerable.
nca2018.globalchange.gov
CITIZENS FOR
Recommendations
70- EAN
'PIidgew
ROANOKE
• Officially revise the analysis baseline year from 2005 to 2016 to ensure a fair
and equal comparison of data and to provide a clearer understanding of
progress
• Maintain the current reduction targets
• 10% Community
• 12.5% Municipal
• Adjust the target date from 2020 to 2025 keeping the goal challenging, but
attainable
• Look for municipal opportunities for projects that feature renewable energy,
especially solar photovoltaic panels, to reduce carbon emissions and show
visible signs of leadership to the Community
The Best Solution to
Citizens' Climate Lobby
Climate Change
LN4
Energy Innovation and Carbon Dividend Act
• H. R.7173 introduced on 11/27
• Full Support from CCL
• Closely Follows Legislative Proposal
• Goal: 10% of 2015 Emissions
rk
Republicans
f
1
Democrats
* * *i
t
* i
i
_ Citizens' Climate Lobby
Deviations From Legislative Proposal
• Eliminates EPA regulations via Clean Air Act
o Provided Emissions Reductions Targets are
Met
• Exempts Agricultural Use of Fuel (Gasoline /Diesel)
• Can Further Increase Fee Rate if Emissions
Targets Not Met
Role of Council
• Act in the Best Interest of Roanoke 7s Citizens
• City Has Been a Leader in Clean Energy
• Focus On Local Issues and Policy w/ Direct Impact
Climate Change is a Global Problem
• Council Can't Solve the Issue w/ Local Policy
Alone
• But Climate Change Still Has Serious
Consequences for Our Local Community
• Best Way Forward Embraces a Synthesis of Local
Policy and Pressure From Below
•
11
Your Options
Endorse H.R. 7173
Cements Roanoke as Climate
Leader
Decisive Step Forward
Endorse Climate Action
• Recognizes the Gravity of the
Problem
• A Smaller,
Step
but Still Significant
Roanoke Ci
Of d e�6_ . "Y'
Council
FY18 Year -End
(Audited)
City of Roanoke
Key Themes of Fiscal 2018
o Revenues above final budget by $4.2 million or
1.45%
Local taxes exceed final budget by $2.8 million or
1.42%
o Local taxes increased by $5.2 million or 2.69% above
adopted level
o Increase of $8.1 million or 4.26% above FY 2017
Other revenue exceeded final budget by $1.4 million
or 1.50%
o Expenditures below budget by $2.3 million or 0.78%
after transfer of $1.0 million to Capital Project
Contingency
2
Education and Tourism Support
RCPS $79,592,200.00 $81,237,798.64 $1,645,598.64 2.06%
Visit Virginia's $1,612,500.00 $2,015,892.49 $403,392.49 25.01%
Blue Ridge
3
Local Tax Summary
Real Estate
$
84,000,000.00
$
84,463,065.51
$
463,065.51
Real Estate District
$
709,000.00
$
716,665.03
$
7,665.03
Personal Property
$
23,941,000.00
$
24,081,736.12
$
140,736.12
Public Service Tax
$
5,490,000.00
$
5,307,070.30
$
(182,929.70)
Penalties and Interest
$
1,910,000.00
$
1,896,527.74
$
(13,472.26)
Sales Tax
$
20,400,000.00
$
21,426,782.76
$
1,026,782.76
Utility Tax
$
9,600,000.00
$
9,640,336.11
$
40,336.11
Cigarette Tax
$
2,250,000.00
$
2,152,810.98
$
(97,189.02)
Recordation and Probate Tax
$
1,003,000.00
$
1,085,919.77
$
82,919.77
Business & Occupational License
$
13,444,000.00
$
13,902,986.56
$
458,986.56
Transient Occupancy Tax
$
4,800,000.00
$
5,375,713.31
$
575,713.31
Admissions Tax
$
939,000.00
$
992,420.85
$
53,420.85
Motor Vehicle License
$
2,800,000.00
$
2,955,266.08
$
155,266.08
Franchise Fee
$
496,000.00
$
482,718.78
$
(13,281.22)
Prepared Food & Beverage Tax
$
16,368,000.00
$
16,609,514.00
$
241,514.00
Bank Stock Tax
$
1,750,000.00
$
1,750,847.00
$
847.00
Communications Tax
$
6,500,000.00
$
6,357,300.44
$
(142,699.56)
TOTALS
$ 196,400,000.00
$ 199,197,681.34
$ 2,797,681.34
4
Other Revenue Summary
5
Permits, Fees and
Licenses
$
1,211,000.00
$
1,392,113.14
$
181,113.14
Fines and Forfeitures
$
1,027,000.00
$
1,167,250.21
$
140,250.21
Revenue from Use of
Money & Property
$
216,000.00
$
481,446.02
$
265,446.02
Grants in Aid -
Commonwealth
$
72,266,848.00
$
72,456,573.45
$
189,725.45
Grants in Aid - Federal
Government
$
53,000.00
$
$
(53,000.00)
Charges for Current
Services
$
14,572,640.00
$
15,138,287.68
$
565,647.68
Miscellaneous Revenue
$
1,036.000.00
$
1,105,618.80
$
69,618.80
Total
$ 90,382,488.00
$ 91,741,289.30
$ 1,358,801.30
5
Expenditure Summary
Expenditure Budget
Total Expenditures
Encumbrances Forward
Uncommitted Year -End Budget (0.78 %)
$294,300,639.17
2871338,971.78
- 4,654,658.21
$2,307,009.18
0
Uses of Year -End Funding
.i
Total Revenue $290,938,970.64
Expenditures
owl
Payroll Accrual
Encumbrance Reserve
Budget Stabilization Reserve
Fund Balance (12.13 %)
287,338,971.78
$3,599,998.86
150,000.00
1,130,889.00
100,000.00
29219,110.86
$3,599,998.86
O Fund balance as of 6/30/17 restated to reflect the closure of
Technology Fund and Fleet Fund - an increase of $2,877,764.
D
City Unassigned General Fund Balance
Exceeds FY 2021 Target of 12%
$40,000,000
$35,000,000
12.1%
$30,000,000 0 10.6% 10.7%
0 10.1% 10.2%
10.4% 10.4% 10.4%
$25,000,000 10.0 /o
$20,000,000
$15,000,000
$10,000,000
$5,000,000
$0
FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018
O Unassigned General Fund Balance target revised in August 2018.
0
Budget Stabilization Reserve
o New reserve established in August
2018
• Beginning target of 1/2% level by
end of FY 2019
• Began reserve with $100,000
contribution at end of FY 2018
9
In Conclusion
• FY 2018 was a successful year
• Local tax growth of 4.3% over FY 17
• Strong expenditure control
• FY 21 Fund balance target of 12%
reached with FY 18
o FY 19 target to start Stabilization
Reserve attained with FY 18
10
Strategic Plan
City Council Briefing December 17, 2018
4rv, b-t'e-CK'3 `f
Strategic Plan - Purpose
w physical product of strategic thinking
w community vision and the strategies and actions that will
be necessary to progress toward that vision.
evaluate every opportunity or challenge that presents
itself against this vision and its associated strategies to
best determine how to allocate their time, money, and
other resources - all of which are limited.
tic Plan - Context
Policies, Standards,
Regulations,
Actions, etc.
Vision &Strategic Areas of Importance
Roanoke Community Vision
The City of Roanoke is a safe, caring and economically vibrant community in which
to live, learn, work, play and prosper
A vibrant urban center with strong neighborhoods set amongst the spectacular
beauty of Virginia's Blue Ridge
Strategic Areas of Importance
This vision is pursued by focusing on seven areas of strategic importance
Education
Community Safety
Human Services
Infrastructure
Good Government
Livability
Economy
Outcomes, Indicators and Measures
Education
Foster en environment for lifelong learning which encompasses credits to career
end beyond through shared services and community invotvement.
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w City Web -site & Libraries for Public Review and Comment
m Final Version
w Adoption by Council - Incorporation into Annual Budget Development
w Semi - Annual Update Briefings
w Annual Review and Amendment
Roanoke, Virginia
Strategic Plan
2019
,1111p �.I
'Amm
ROANC)KE
Roanoke City Council
Djuna Osborne, Bill Bestpitch, Vice -Mayor Jospeh Cobb, Mayor Sherman Lea, John Garland, Michelle
Davis, Anita Price
or- _7w
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Seven -time Ail- America City Winner!
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Mayor Sherman P. Lea, Sr.
City Manager Bob Cowell, Jr.
As Mayor of the only seven time All- America City it is my pleasure to serve
alongside a Council and City Administration that recognizes the importance
of thinking strategically and acting on priorities. This plan captures the
Council's strategic priorities and defines the outcomes we seek to achieve
on behalf of the citizens. The Strategic Plan, our City's comprehensive plan,
related specific purpose or place -based plans, and our annual budget
represent what it is we as a City do and why we do it. It is through these
efforts we work to ensure we continue to have a City offering the best
opportunity for the most people — in short, that it remains a great day in
Roanoke!
I encourage you to read this document to better understand our Vision for
the community, how we plan on getting there, and how you can measure
our progress.
It is my honor to serve the Mayor and Council and on their behalf, the
community, to lead an organization that works every day to deliver the
services demanded and to offer opportunity to each and every resident
and business of Roanoke. This plan provides the Vision established by
Council and the steps necessary to realize that Vision. This plan also
provides how we as an organization will conduct our business and sets the
stage for the annual budget and capital improvements program. With the
assistance of the Mayor and Council, we continue to make progress as a
City - routinely recognized as one of the best places in America to live,
operate a business, secure an education, or visit.
I encourage you to review what follows and join us in keeping Roanoke a
wonderful place for all that call it home.
2
TABLE OF CONTENTS
Purposeof Strategic Planning .................................................................................... ..............................5
StrategicPlanning Process .......................................................................................... ..............................5
CommunityProfile ....................................................................................................... ..............................6
Visionand Strategic Areas of Importance ................................................................ ..............................7
Education...................................................................................................................... ..............................8
Overview
Path to Results
Performance Measures
CommunitySafety ........................................................................................................ .............................10
Overview
Path to Results
Performance Measures
HumanServices ............................................................................................................ .............................12
Overview
Path to Results
Performance Measures
Infrastructure................................................................................................................ .............................14
Overview
Path to Results
Performance Measures
GoodGovernment ........................................................................................................ .............................16
Overview
Path to Results
Performance Measures
3
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Overview
Path toResults
Performance Measures
Economy..............................................................................
Overview
Path toResults
Performance Measures
............................................................ 20
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Purpose of Strategic Planning
A strategic plan should serve as the physical product of strategic thinking — that is, delineation of a
community vision and the strategies and actions that will be necessary to progress toward that vision.
The Council, City Government and community should ideally evaluate every opportunity or challenge that
presents itself against this vision and its associated strategies to best determine how to allocate their time,
money, and other resources — all of which are limited.
The Strategic Plan is a companion to the City's Comprehensive Plan
which represents how the City will physically change over time.
Together, the Strategic Plan and the Comprehensive Plan provide a firm
foundation upon which to build more detailed neighborhood and special
purpose plans, the annual budget, the mulit -year capital improvements
program, regulations and ordnances, and other associated public policy
and implementation documents and initiatives.
...ideally evaluate every
opportunity or challenge
that presents itself against
this vision and its associated
strategies to best
determine how to allocate
their time, money and other
Ideally one should be able to review this document and gain a firm resources...
understanding of where the City intends to go, and generally how it
proposes to get there, as well as gain insight into how progress along the way is intended to be measured.
Strategic Planning Process
Though this document represents the first time a formal strategic plan has been crafted and adopted by
the Council, the City has engaged in strategic thinking for many years. Much of what is included in this
plan has for a number of years, been included in the annual budget and other policy documents.
The process used in the development of this plan started with a Council strategic planning retreat held in
July 2018 which included a review of current strategic items, overviews of governance in Virginia, the
Council- Manager form of government, econornic and social characteristics of Roanoke, and public service
delivery in Roanoke. This retreat included a robust discussion of current conditions, projected trends and
the goals for the future of the City. An affirmation of the community vision and an outline of the strategies
were the principal products resulting from the retreat.
A draft strategic plan was prepared and presented to the Council at their annual budget planning retreat
held in October. A final draft version was made available for public review and comment in December
2018. Revisions were made and a final draft crafted. The Strategic Plan was approved by City Council at
ther meeting on XXXXXXX.
The Council will review the Strategic Plan on an annual basis, making adjustments as appropriate,
following a process similar to that used in the creation of this first plan. Additionally, City Management
will provide the Council with semi - annual progress reports on the Plan and a performance measure report
annually.
5
Community Profile
The City of Roanoke is a mid -size independent city with a population of approximately 100,000 located
within a region with a population of approximately 350,000. The Roanoke region is located within the
south - western portion of the Commonwealth of Virginia with the City of Roanoke as the largest city west
of the State Capitol of Richmond. Roanoke serves as the region's education, medical, shopping, and
cultural hub anchoring Virginia's Blue Ridge. Built upon success of the growth in the rail industry, Roanoke
grew very rapidly in the 19th and early 20th centuries. After a period of economic challenges Roanoke is
experiencing a rennaisance built upon the strengths of medical research and care, technology, and
advanced manufacturing. Recent economic growth, a vibrant downtown, unparalleled outdoor amenities
and numeorus arts and cultural offerings have led Roanoke to national recognition.
Population Estimate (2017) — 99,837
Median Age — 38 with 5% under 5 years of age and 16% age 65 and older
Race — 63% of the current population is White alone, 30% Black or African descent alone, and 6.3%
Hispanic or Latino
Households and Income —There are 42,541 households in Roanoke with 47,011 housing units with a
median value of $133,000. 52% of the homes in Roanoke are owner - occupied. 2016 Median income
is $39,201 with 22% of the population living in povery. 85% of the adults in Roanoke are high school
graduates or higher
Industry & Business - there are 3,112 business establsihments in Roanoke employing 68,516 with a
total annual payroll of $3 billion. Health care and social assistance is the lagest employment sector
in Roanoke accounting for more than 12,000 jobs. There are current , more than 100,000 studens
pursuing degrees at 25 colleges and universities located wihtin the Roc coke region
R
Roanoke Community Vision
The City of Roanoke is a safe, caring and economically vibrant community in which to live, learn, work,
play and prosper
A vibrant urban center with strong neighborhoods set amongst the spectacular beauty of Virginia's Blue
Ridge
Strategic Areas of Importance
This vision is pursued by focusing on seven areas of strategic importance
Education
Community Safety
Human Services
Infrastructure
Good Government
Livability
Economy
Education
Foster an environment for lifelong learning which encompasses cradle to career and beyond through
shared services and community involvement
Path to Results
We will join our community in ensuring access to educational opportunities through the course of each
individual's life. We seek to help develop successful students and productive and educated adults,
prepared to succeed to full extent of their abilities.
Early Learning and School Readiness — we will invest time, money and resources in preparing
children to read proficiently by the end of the third grade.
Preparation for Post High - School Success — we will work with the community to identify and
support programs and initiatives that equip students to succeed beyond high school, whether
their path leads them to college, a trade or vocation, or community service.
Support of K -12 Educational Program — we will invest time, money, and resources in ensuring
Roanoke City Public Schools are able to provide the facilities, curriculum, and teachers necessary
to deliver quality educational programs.
Adult Learning — we will invest time, money, and resources in opportunities for adults to continue
to learn to enhance skills, broaden their general knowledge or further their creativity.
N
Indicators
We will determine success by:
Improving PALS Scores;
Securing and Maintaining Accreditation for all public schools;
Improving Graduation Rates;
Improving Student Learning Outcomes;
Increased Adult Learning Opportunities;
Workforce Participation Rate,
Percentage of residents with post- High - School Education /Certification.
Community Safety
Foster a community where citizens feel safe and they and their property are safe in their homes,
businesses and neighborhoods
Path to Results
We will ensure that our community comes together to plan for and to the extent practical, prevent harm
from man -made and natural risks. We will take steps to ensure our homes, businesses, public places,
streets, and neighborhoods are safe and desirable places to live, work and play. Together we will ensure
that when a response is necessary it is done in as efficient, fair, and appropriate manner as practical.
Prevention — We will invest the time, money and resources necessary to ensure that to the extent
practical harm to property or persons is prevented through the use of programs, education, and
code and law enforcement and addressing underlying causes including poverty, trauma, and
inequity.
Responsiveness — We will maintain the equipment and personnel necessary to meet or exceed
established national standards related to response time for public safety and that our resources
and services will be delivered in an equitable and just manner.
Communication & Engagement — We will invest the time, money and resources necessary to
ensure the ability to reliably communicate to and engage with the general public, between staff
locally and throughout the region during routine business operations and times of emergency
response.
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Quality of Standards and Laws — We will ensure that our codes, practices and policies are
consistent with recognized best practices and are legally sound
Indicators
We will determine success by:
Accreditation by recognized national or regional organizations will be secured and maintained by
departments /divisions engaged in delivery of public safety services;
ISO ratings of the highest level will be secured and maintained by the departments /divisions engaged in
delivery of public safety services;
Public Safety services will consistently be evaluated as "good" or better by customer surveys conducted
by the City on a periodic basis,
Crime statistics will be actively monitored and reported and demonstrable improvements in all areas over
time will be secured.
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Human Services
Foster a caring community that uses an equitable, regional and collaborative approach to encourage
preventative measures, intervention services, and self - sufficiency while providing a social safety net
for citizens
Path to Results
We will unite public and private institutions as a caring and compassionate community assisting
individuals and families to achieve self- sufficiency and live healthy lives. We maintain a commitment of
focusing on prevention and the provision of information and where necessary and when appropriate in
the delivery of compassionate services grounded in fairness, equity, and accountability
Prevention — We will invest the time, money and resources necessary to prevent poverty,
promote self- sufficiency, promote positive youth development, and promote healthy and safe
neighborhoods.
Intervention — When appropriate and necessary we will intervene in situations through early
identification of need, using a holistic approach that involves the family, support the
deinstitutionalization of individuals — integrating citizens back into society.
Caring Community — Through direct involvement with those impacted we will foster positive
relationships and empower them to succeed to the best of their abilities and circumstances.
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Accessibility to Services — We will ensure those who live in our community are aware of the
resources available to them and will ensure our services are delivered in an efficient and effective
manner.
Indicators
We will determine success by:
Demonstrated compliance with all applicable laws and regulations that govern the delivery of health and
human services;
Human services will consistently be evaluated as "good" or better by customer surveys conducted by the
City on a periodic basis,
Improved demographic and socio- economic trends such as rates of poverty, number of homeless, service
recipients, deaths due to overdose, etc.
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Infrastructure
Maintain and build quality infrastructure that supports healthy residential neighborhoods, successful
commercial areas, and accessible public facilities and amenities
Path to Results
We will work to ensure the facilities, equipment, materials, and services that are necessary to meet the
communication, mobility, life- safety, recreation, and basic needs of our individuals, families, businesses,
and visitors are provided and maintained in a manner that contributes positively to safety, livability, and
economic advancement
Environment — We will work locally and regionally to ensure the quality and sustainability of our
natural resources and features with a particular emphasis on clean air and clean water.
Buildings, Parks and Greenways — We will work locally and regionally to deliver buildings, parks
and greenways that are functional, accessible, and sustainable, and that can be operated in an
efficient manner.
Transportation — We will ensure our transportation network enables a full -range of mobility
options that are delivered, maintained and operated in an efficient manner.
Equipment and Vehicles — We will ensure that the equipment and vehicles we use to deliver our
services are safe and well- maintained and procured and operated in an efficient manner.
Technology — We will ensure that the technology we use to deliver services and to communicate
to and engage with our community is functional and reliable, and is procured and operated in an
efficient manner supporting businesses processes and community needs.
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Indicators
We will determine success by:
Demonstrated compliance with all applicable laws and regulations that govern infrastructure assets and
naturalfeatures;
Infrastructure - related items /services will consistently be evaluated as "good" or better by customer
surveys conducted by the City on a periodic basis,
Accreditation by recognized national or regional organizations will be secured and maintained by
departments /divisions engaged in delivery of infrastructure services,
15
Good Government
Provide exceptional and competitive government services that are collaborative, transparent,
responsive, and innovative
Path to Results
We will, on behalf of our citizens, provide top - quality services and programs that are cost - competitive and
responsive, efficient, collaborative, and transparent. We will build a culture around honesty, respect,
responsibility, teamwork, diversity and inclusion that address the challenges and opportunities of the 21St
Century
Effective Leadership — Through collaborative and visionary leadership we will set clear direction
and high expectations for Roanoke based upon Council priorities. We will emphasize strategic
vision, responsiveness, results, accountability, and adherence to clearvalues in the delivery of our
services.
High- Performing Employees — Our employees understand how their actions contribute to the
City's vision and strategies and are committed emotionally and intellectually, and motivated to
provide the best service they are able. Our organization provides the clear direction, resources,
and opportunities for our employees to excel in what they do.
Efficient and Effective Operations — We acknowledge we are stewards of the public's resources
and therefore seek to deliver community services in a cost - competitive manner requiring the least
amount of time and effort necessary. We will seek partnerships, relentlessly and continuously
pursue service improvements and efficiencies, and strive to implement best practices on behalf
of our community.
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Responsible Financial Management — We will ensure sound management of revenues,
expenditures, assets, in a strategic, coordinated and deliberate manner aligned with generally
accepted and best practices, Council priorities, and the needs of the community.
Valued, Engaged & Informed Community — We believe a successful City values an active and
engaged citizenry in the conduct of its government. We will ensure community members are
informed and offered opportunities for engagement as policies and actions are formulated and
services are delivered.
Indicators
We will determine success by:
Demonstrated compliance with all applicable laws, regulations, and policies that govern financial
management;
Overall City governance will consistently be evaluated as "good" or better by customer surveys conducted
by the City on a periodic basis;
Recognition by national or regional organizations secured and maintained for application of innovative
approaches and best practices;
Improved employee satisfaction and retention /advancement,
Increased utilization of engagement opportunities by residents and businesses.
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Livability
Enhance Roanoke's exceptional vitality as an attractive, diverse, culturally inclusive, vibrant and active
city in which to live, learn, work and play
Path to Results
We will collaborate with others in our region to ensure Roanoke retains a quality social, built and natural
environment making it a vibrant place to live, learn, work, play and visit. We will ensure Roanoke remains
a desirable place to invest in, whether as a homeowner, business owner, client, or tourist
Attractive Community — Together with the community, we will work to foster pride in home and
business ownership working to ensure our neighborhoods, business corridors, and districts
remain safe, clean, diverse, and attractive, and encourage continued pride and investment.
Accessible and Inclusive Community - We will ensure that public transportation, bicycle facilities,
and pedestrian ways are convenient and safe, and provide mobility options and ease of
connection between our neighborhoods, with our public spaces and throughout the region.
Quality Amenities — We will collaborate with others to provide activities, facilities, and exhibits
that encourage active living and foster cultural awareness. We will ensure the protection of
unique community assets and natural resources found within our City.
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Indicators
We will determine success by:
City's desirability as a place to live, operate a business, or visit will consistently be evaluated as "good" or
better by customer surveys conducted by the City on a periodic basis;
Recognition by national or regional organizations, secured and maintained for application of innovative
approaches and best practices,
Increases in population, number of visitors, home ownership, home value, and participation in events.
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Economy
Cultivate a thriving business environment and innovative workforce opportunities to ensure the
prosperity of our community, recognizing our role in both the regional and global economies
Path to Results
We will collaborate with others in the region and State to ensure the continued economic vitality of
Roanoke and its place as the region's center of economic activity. We will emphasize the development of
individual's skills and abilities, development of unique economic assets, the promotion of economic assets
that afford us a competitive advantage and the development of business opportunities
Workforce Development— Together with others in the community, we will ensure our workforce
is prepared to productively contribute to the local economy and better the lives of themselves
and their families. We will seek to attract and retain talent, expand employment opportunities,
raise awareness of job and business opportunities, and attract higher -wage opportunities to
Roanoke.
Asset Development— Together with others in the community, we will build upon existing natural,
cultural, structural, and leadership strengths creating an economic environment that capitalizes
upon our uniqueness and creates opportunity for the generation of wealth — personal, business,
and community.
Business Development — We will collaborate with others throughout the region to make Roanoke
as attractive as possible for investment by individuals and business by ensuring regulatory and
business processes are responsive, regional partnerships are fully embraced, strategic use of
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Cultivate a thriving business environment and innovative workforce opportunities to ensure the
prosperity of our community, recognizing our role in both the regional and global economies
Path to Results
We will collaborate with others in the region and State to ensure the continued economic vitality of
Roanoke and its place as the region's center of economic activity. We will emphasize the development of
individual's skills and abilities, development of unique economic assets, the promotion of economic assets
that afford us a competitive advantage and the development of business opportunities
Workforce Development— Together with others in the community, we will ensure our workforce
is prepared to productively contribute to the local economy and better the lives of themselves
and their families. We will seek to attract and retain talent, expand employment opportunities,
raise awareness of job and business opportunities, and attract higher -wage opportunities to
Roanoke.
Asset Development— Together with others in the community, we will build upon existing natural,
cultural, structural, and leadership strengths creating an economic environment that capitalizes
upon our uniqueness and creates opportunity for the generation of wealth — personal, business,
and community.
Business Development — We will collaborate with others throughout the region to make Roanoke
as attractive as possible for investment by individuals and business by ensuring regulatory and
business processes are responsive, regional partnerships are fully embraced, strategic use of
20
business incentives, and maintenance of a responsible tax structure. We will continue to ensure
Roanoke remains a vibrant and attractive portion of Virginia's Blue Ridge for visitors and guests.
Asset Promotion —We will collaborate with others throughout the region to curate and nurture
an authentic and representative brand for Roanoke and the region, and will ensure access to
trusted and reliable information about the benefits of living, visiting, and doing business in
Roanoke.
Indicators
We will determine success by:
Increases in tax revenue, number of jobs, occupancy rates, number of visitors, and decreases in poverty
and unemployment rates.
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Organizational Response
The City Government will respond to each of the priorities, take action and deliver services aligned with
the following core values:
Honesty
Respect
Responsibility /Accountability
Teamwork
Diversity and Inclusion
Organizational Framework
Pursue long -term high- impact regional change — make the Roanoke region the premier place to locate,
stay and visit
Build strength from within — enable the success of residents, families, and businesses regardless of their
physical location within the City
Strategies
Prioritize —time, money, and attention
Take Strategic Action — everything should progress toward objectives
Seek and Enhance Collaborative Partnerships — we cannot and should not do this alone
Innovate — new ideas, new approaches, new partners
Empower Organization — free up talent, time, money, and resources
As an organization, we will do this within a culture where all employees are leaders oriented
toward results and positive outcomes, where organization and community assets meet or exceed
recognized standards and where the services provided are recognized as "best in class ".
As departments, we take action and deliver our services guided by our Departmental Service Plans
and secure the necessary resources by budgeting for the intended outcomes.
As individuals, we perform in accordance with our personal development and operational goals
established annually.
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23
J�2C
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of December, 2018.
No. 41332 - 121718.
A RESOLUTION authorizing the acceptance of the United States Department of
Education's 21s' Century Community Learning Center Grant to the Roanoke Public Libraries
through the Roanoke City Public Schools, 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 hereby accepts the United States Department of Education's
21St Century Community Learning Center Grant to the Roanoke Public Libraries through the
Roanoke City Public Schools in the amount of $30,250, to be used to pay for the Roanoke Public
Libraries Literacy Specialist salaries to provide reading and math tutoring to students. This
grant, which requires a $2,315 voluntary local match by the City, is more particularly described
in the City Council Agenda Report dated December 17, 2018.
2. The City Manager is hereby authorized to execute the grant agreement and all
necessary documents required to accept the grant, all such documents to be approved as to form
by the City Attorney.
3. The City Manager is further directed to furnish such additional information as
may be required by the U.S. Department of Education, in connection with the acceptance of the
foregoing grant.
ATTE
City Clerk our
R- Accept Roanoke City Public Schools 21st Century grant (12.17.18).doc
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of December, 2018.
No. 41333- 121718.
AN ORDINANCE to appropriate funding from the Roanoke City School Board, for
the 21St Century Community Learning Centers workshops, amending and reordaining
certain sections of the 2018 -2019 Grant Funds Appropriations, and dispensing with the
second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2018 -2019 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Grant Funds
Appropriations
Temporary Employee Wages - School
Workshops
FICA
Revenues
21St Century Literacy FY19- RCPS
21 st Century Literacy FY19- Local
35- 650 - 8320 -1019 $ 30,250
35- 650 - 8320 -1120 2,315
35- 650 - 8320 -8320 30,250
35- 650 - 8320 -8321 2,315
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
%• r
1
City Clerk.
{y
CITY COUNCIL AGENDA REPORT
s
To: Honorable Mayor and Members of City Council
Meeting: December 17, 2018
Subject: Acceptance and Appropriation of Funds for the Roanoke Public
Libraries from the Roanoke City Public Schools 21St Century Grants.
Background:
Roanoke City Public Schools is the recipient of 21 st Century Community Learning
Center grants from the U.S. Department of Education, for Morningside Elementary
School, Hurt Park Elementary School, Fishwick Middle School, Woodrow Wilson Middle
School and William Fleming High School. The Roanoke Public Libraries is a co- applicant.
The Community Learning Centers created as a part of these grants provide students,
families and the community after - school and summer learning opportunities.
Considerations:
The Roanoke Public Libraries, as a co- applicant, will receive funds for the multi -year
grant from the schools to facilitate the services in the grant agreement. The grant
provides $30,250 annually to pay for Library Literacy Specialist salaries to provide
reading and math tutoring to students. The grant does not provide funds for FICA and
therefore $2,315 is needed as a voluntary local match.
Recommended Action:
Accept the funds from the U.S. Department of Education via the Roanoke City Public
Schools as described above and authorize the City Manager to execute any required
agreements or documents, such to be approved as to form by the City Attorney.
Adopt the accompanying budget ordinance to transfer funding in the amount of
$2,315 from the Grant Match account 35-300-9700-5415, establish a revenue estimate
in the amount Qf $30,250 and appropriate $32,565 into accounts to be established in
the Grap d Klhe Director of Finance.
Robert S. Cowell, )r.
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community Development
Amelia C. Merchant, Director of Finance
Sheila S. Umberger, Director of Libraries
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of December, 2018.
No. 41334 - 121718.
A RESOLUTION accepting the Virginia Department of Transportation's (VDOT) award to
the City in the total amount of $897,770 for the FYI Regional Surface Transportation Program
(RSTP) for the Roanoke River Greenway Bridge across Barnhardt Creek Project (Project); and
authorizing the City Manager to take certain other actions in connection with the above matter and
proj ect.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke hereby accepts the VDOT award in the total amount of $897,770
for the RSTP program for the Project, with no required local match from the City, which project
will provide the western connection between the City of Salem and the City of Roanoke Greenway
systems, all as more fully set forth in the City Council Agenda Report dated December 17, 2018.
2. City Council hereby authorizes the City Manager to execute any documents necessary
to receive such award, with such documents to be approved as to form by the City Attorney.
3. The City Manager is hereby authorized to take such further actions and execute such
further documents as may be necessary to obtain, accept, implement, administer, and use such funds
in the total amount of $897,770 from VDOT, for the above mentioned Project, with any such
documents to be approved as to form by the City Attorney.
ATTEST:
Ar"43__
City Clerk.
R- Acccpt VDOT funds-FY 18 Regional Surface Transportation Program - Roanoke River Greenway Bridge across Barnhardt
Creek Project (12.17.18)
REPORT
To: Honorable Mayor and Members of City Council
Meeting: December 17, 2018
Subject: Acceptance of Virginia Department of Transportation Award of
Funds, Authorization to Execute VDOT Documents, and
Appropriation of Funds for the Roanoke River Greenway Bridge
across Barnhardt Creek Project
Background:
The Roanoke River Greenway Bridge across Barnhardt Creek Project includes a
pedestrian bridge which will span 130 feet over Barnhardt Creek, and will
provide the western connection between the City of Salem and the City of
Roanoke Greenway systems. The project is estimated to cost $897,770.
Considerations:
In September 2018, VDOT awarded the grant
this project. This project is being funded
Transportation Program (RSTP). The City is
match for this type of funding. The project i
Salem, with the City taking responsibility
administration.
Recommended Action:
in the amount of $897,770 for
through the Regional Surface
not required to provide a local
s a joint project with the City of
for project management and
Accept VDOT's award of $897,770 for the FYI Regional Surface
Transportation Surface Program Funds.
Authorize the City Manager to execute the VDOT Standard Project
Administration Agreement for Federal -aid Projects and Appendix A document
which is attached to this report. Such documents shall be in a form approved
by the City Attorney.
Authorize the City Manager to take such further actions and execute such
further documents, approved as to form by the City Attorney, as may be
necessary to obtain, accept, implement, administer, and use such funds
identified above.
Adopt the accompanying Budget Ordinance to establish revenue estimates for
the funding source identified above and appropriate funding in the same
amount to expenditure account 08- 530 -9256 "Roanoke River Greenway -
Barnhardt Creek r-fdgE:"
Robert S. Cowell, fir.
City Manager
Distribution: Council Appointed Officers
Sherman M. Stovall, Assistant City Manager for Operations
Amelia C. Merchant, Director of Finance
Robert K. Bengtson, P.E., Director of Public Works
Luke Pugh, P.E., City Engineer
2
STANDARD PROJECT ADMINISTRATION AGREEMENT
Federal -aid Projects
Project Number
UPC
Local Government
0000- 128 -428
113568
City of Roanoke
THIS AGREEMENT, made and executed in triplicate this day of
, 20_, by and between the City of Roanoke, Virginia, hereinafter
referred to as the LOCALITY and the Commonwealth of Virginia, Department of
Transportation, hereinafter referred to as the DEPARTMENT.
WHEREAS, the LOCALITY has expressed its desire to administer the work
described in Appendix A, and such work for each improvement shown is hereinafter
referred to as the Project; and
WHEREAS, the funds shown in Appendix A have been allocated to finance each
Project; and
WHEREAS, the LOCALITY is committed to the development and delivery of
each Project described in Appendix A in an expeditious manner; and;
WHEREAS, both parties have concurred in the LOCALITY's administration of
the phase(s) of work for the respective Project(s) listed in Appendix A in accordance with
applicable federal, state, and local law and regulations.
NOW THEREFORE, in consideration of the mutual premises contained herein,
the parties hereto agree as follows:
1. The LOCALITY shall:
a. Be responsible for all activities necessary to complete the noted phase(s) of each
Project shown in Appendix A, except for activities, decisions, and approvals
which are the responsibility of the DEPARTMENT, as required by federal or
state laws and regulations or as otherwise agreed to, in writing, between the
parties. Each Project will be designed and constructed to meet or exceed current
American Association of State Highway and Transportation Officials standards
or supplementary standards approved by the DEPARTMENT
b. Meet all funding obligation and expenditure timeline requirements in
accordance with all applicable federal and state laws and regulations, and
Commonwealth Transportation Board and DEPARTMENT policies and as
identified in Appendix A to this Agreement. Noncompliance with this
requirement can result in deallocation of the funding, rescinding of state
funding match, termination of this Agreement, or DEPARTMENT denial of
future requests to administer projects by the LOCALITY.
UPC 113568 Project # U000- 128 -428
City of Roanoke
c. Receive prior written authorization from the DEPARTMENT to proceed with
preliminary engineering, right -of -way acquisition and utility relocation, and
construction phases of each Project.
d. Administer the project(s) in accordance with guidelines applicable to Locally
Administered Projects as published by the DEPARTMENT.
e. Maintain accurate and complete records of each Project's development and
documentation of all expenditures and make such information available for
inspection or auditing by the DEPARTMENT. Records and documentation for
items for which reimbursement will be requested shall be maintained for no less
than three (3) years following acceptance of the final voucher on each Project.
f. No more frequently than monthly, submit invoices with supporting
documentation to the DEPARTMENT in the form prescribed by the
DEPARTMENT. The supporting documentation shall include copies of related
vendor invoices paid by the LOCALITY and an up -to -date project summary
and schedule tracking payment requests and adjustments. A request for
reimbursement shall be made within 90 days after any eligible project expenses
are incurred by the Locality. For federally funded projects and pursuant to 2
CFR 200.338, Remedies for Noncompliance, violations of the provision may
result in the imposition of sanctions including but not limited to possible denial
or delay of payment of all or a part of the costs associated with the activity or
action not in compliance.
g. Reimburse the DEPARTMENT all Project expenses incurred by the
DEPARTMENT if, due to action or inaction solely by the LOCALITY,
federally funded Project expenditures incurred are not reimbursed by the
Federal Highway Administration (FHWA), or reimbursements are required to
be returned to the FHWA, or in the event the reimbursement provisions of
Section 33.2 -214 or Section 33.2 -331 of the Code of Virginia, 1950, as
amended, or other applicable provisions of federal, state, or local law or
regulations require such reimbursement.
h. On Projects that the LOCALITY is providing the required match to state or
federal funds, pay the DEPARTMENT the LOCALITY's match for eligible
Project expenses incurred by the DEPARTMENT in the performance of
activities set forth in paragraph 2.a.
i. Administer the Project in accordance with all applicable federal, state, or local
laws and regulations. Failure to fulfill legal obligations associated with the
project may result in forfeiture of federal or state -aid reimbursements
j. Provide certification by a LOCALITY official that all LOCALITY
administered Project activities have been performed in accordance with all
federal, state, and local laws and regulations. If the locality expends over
$750,000 annually in federal funding, such certification shall include a copy of
OAG Approved 6/18/2012; Revised 2/5/2015 2
UPC 113568 Project # U000- 128 -428
City of Roanoke
the LOCALITY's single program audit in accordance with 2 CFR 200.501,
Audit Requirements.
k. If legal services other than that provided by staff counsel are required in
connection with condemnation proceedings associated with the acquisition of
Right -of -Way, the LOCALITY will consult the DEPARTMENT to obtain an
attorney from the list of outside counsel approved by the Office of the Attorney
General. Costs associated with outside counsel services shall be reimbursable
expenses of the project.
1. For Projects on facilities not maintained by the DEPARTMENT, provide, or
have others provide, maintenance of the Project upon completion, unless
otherwise agreed to by the DEPARTMENT.
m. Ensure compliance with the provisions of Title VI of the Civil Rights Act of
1964, regulations of the United States Department of Transportation (USDOT),
Presidential Executive Orders and the Code of Virginia relative to
nondiscrimination.
2. The DEPARTMENT shall:
a. Perform any actions and provide any decisions and approvals which are the
responsibility of the DEPARTMENT, as required by federal and state laws and
regulations or as otherwise agreed to, in writing, between the parties and
provide necessary coordination with the FHWA as determined to be necessary
by the DEPARTMENT.
b. Upon receipt of the LOCALITY's invoices pursuant to paragraph 11,
reimburse the LOCALITY the cost of eligible Project expenses, as described in
Appendix A. Such reimbursements shall be payable by the DEPARTMENT
within 30 days of an acceptable submission by the LOCALITY.
c. If appropriate, submit invoices to the LOCALITY for the LOCALITY's share
of eligible project expenses incurred by the DEPARTMENT in the performance
of activities pursuant to paragraph 2.a.
d. Audit the LOCALITY's Project records and documentation as maybe required
to verify LOCALITY compliance with federal and state laws and regulations.
Make available to the LOCALITY guidelines to assist the parties in carrying
out responsibilities under this Agreement.
Appendix A identifies the funding sources for the project, phases of work to be
administered by the LOCALITY, and additional project - specific requirements
agreed to by the parties. There may be additional elements that, once identified,
OAG Approved 6/18/2012; Revised 2/5/2015
UPC 113568 Project # U000- 128 -428
City of Roanoke
shall be addressed by the parties hereto in writing, which may require an
amendment to this Agreement.
4. If designated by the DEPARTMENT, the LOCALITY is authorized to act as the
DEPARTMENT's agent for the purpose of conducting survey work pursuant to
Section 33.2 -1011 of the Code of Virginia, 1950, as amended.
Nothing in this Agreement shall obligate the parties hereto to expend or provide
any funds in excess of funds agreed upon in this Agreement or as shall have been
included in an annual or other lawful appropriation. In the event the cost of a
Project is anticipated to exceed the allocation shown for such respective Project on
Appendix A, both parties agree to cooperate in providing additional funding for the
Project or to terminate the Project before its costs exceed the allocated amount,
however the DEPARTMENT and the LOCALITY shall not be obligated to provide
additional funds beyond those appropriated pursuant to an annual or other lawful
appropriation.
6. Nothing in this Agreement shall be construed as a waiver of the LOCALITY's or
the Commonwealth of Virginia's sovereign immunity.
7. The Parties mutually agree and acknowledge, in entering this Agreement, that the
individuals acting on behalf of the Parties are acting within the scope of their
official authority and the Parties agree that neither Party will bring a suit or assert
a claim against any official, officer, or employee of either party, in their
individual or personal capacity for a breach or violation of the terms of this
Agreement or to otherwise enforce the terms and conditions of this
Agreement The foregoing notwithstanding, nothing in this subparagraph shall
prevent the enforcement of the terms and conditions of this Agreement by or
against either Party in a competent court of law.
The Parties mutually agree that no provision of this Agreement shall create in the
public, or in any person or entity other than the Parties, rights as a third party
beneficiary hereunder, or authorize any person or entity, not a party hereto, to
maintain any action for, without limitation, personal injury, property damage,
breach of contract, or return of money, or property, deposit(s), cancellation or
forfeiture of bonds, financial instruments, pursuant to the terms of this Agreement
or otherwise. Notwithstanding any other provision of this Agreement to the
contrary, unless otherwise provided, the Parties agree that the LOCALITY or the
DEPARTMENT shall not be bound by any agreements between either party and
other persons or entities concerning any matter which is the subject of this
Agreement, unless and until the LOCALITY or the DEPARTMENT has, in
writing, received a true copy of such agreement(s) and has affirmatively agreed,
in writing, to be bound by such Agreement.
9 This Agreement may be terminated by either party upon 30 days advance written
notice. Eligible Project expenses incurred through the date of termination shall be
reimbursed in accordance with paragraphs Lf, l.g., and 2.b, subject to the
OAG Approved 6/18/2012; Revised 2/5/2015 4
UPC 113568 Project # U000 -128 -428
City of Roanoke
limitations established in this Agreement and Appendix A. Upon termination, the
DEPARTMENT shall retain ownership of plans, specifications, and right of way,
unless all state and federal funds provided for the Project have been reimbursed to
the DEPARTMENT by the LOCALITY, in which case the LOCALITY will have
ownership of the plans, specifications, and right of way, unless otherwise mutually
agreed upon in writing.
10. Prior to any action pursuant to paragraphs Lb or Lg of this Agreement, the
DEPARTMENT shall provide notice to the LOCALITY with a specific description
of the breach of agreement provisions. Upon receipt of a notice of breach, the
LOCALITY will be provided the opportunity to cure such breach or to provide a
plan to cure to the satisfaction to the DEPARTMENT. If, within sixty (60) days
after receipt of the written notice of breach, the LOCALITY has neither cured the
breach, nor is diligently pursuing a cure of the breach to the satisfaction of the
DEPARTMENT, then upon receipt by the LOCALITY of a written notice from the
DEPARTMENT stating that the breach has neither been cured, nor is the
LOCALITY diligently pursuing a cure, the DEPARTMENT may exercise any
remedies it may have under this Agreement.
THE LOCALITY and DEPARTMENT acknowledge and agree that this
Agreement has been prepared jointly by the parties and shall be construed simply and in
accordance with its fair meaning and not strictly for or against any party.
THIS AGREEMENT, when properly executed, shall be binding upon both parties,
their successors, and assigns.
THIS AGREEMENT may be modified in writing by mutual agreement of both
parties.
OAG Approved 6/18/2012; Revised 2/5/2015
UPC 113568 Project # U000- 128 -428
City of Roanoke
IN WITNESS WHEREOF, each party hereto has caused this Agreement to be
executed as of the day, month, and year first herein written.
CITY OF ROANOKE, VIRGINIA:
Typed or printed name of signatory
Date
Title
Signature of Witness Date
NOTE: The official signing for the LOCALITY must attach a certified copy of his or her
authority to execute this Agreement.
COMMONWEALTH OF VIRGINIA, DEPARTMENT OF
TRANSPORTATION:
Chief of Policy Date
Commonwealth of Virginia
Department of Transportation
Signature of Witness Date
Attachments
Appendix A (UPC 113568)
OAG Approved 6/18/2012; Revised 2/5/2015 6
Appendix A
44O 0
1 Iorl. I innn 1o4 _non rGnA 4f on ons I rif" of [z k.
Date: 12/6/2018
Project Location ZIP +4:
24018 -1553
=0623'51739 DUNS#
Locality Address (incl ZIP +4):
215 Church Ave. SW
Roanoke, VA 24011 -0016
Preliminary Engineering
Right of Way and Utilities
Project Narrative
Total Estimated Cost
Scope:
Roanoke River Greenway Bridge across Barnhardt Creek
$0
From:
ICity of Roanoke
Estimated VDOT Project Expenses
$5,000
To:
ICity of Salem
$10,000
Estimated Total Project Costs
Locality Project Manager Contact info: Luke Pugh
540 - 853 -5208 Luke. Pu h
roanokeva. ov
Department Project Coordinator Contact Info:
Cheryl Becker 540- 387 -5399 Che
I Becker VDOT.Vir inje. ov
Pro ect Estimates`
Preliminary Engineering
Right of Way and Utilities
Construction
Total Estimated Cost
Estimated Locality Project Expenses
$125,000
$0
$762,770
$887,770
Estimated VDOT Project Expenses
$5,000
$0
$5,000
$10,000
Estimated Total Project Costs
$130,000
$0
$767,770
$897,770
Pro ect Cost and Reimbursement i
Maximum Reimbursement
Estimated Reimbursement
Phase
Estimated Project Costs
Funds type
(Choose from drop down box)
Local % Participation for
Funds Type
Local Share Amount
(Estimated Cost - Local
to Locality
(Max. Reimbursement - Est.
Share)
VDOT Expenses)
Preliminary Engineering
$130,000
RSTP
0%
$0
$130,000
$0
$0
$0
$0
$0
$0
Total PE
$130,000
$0
$130,000 $125,000
Right of Way 8 Utilities
Total RW
$0
Construction
$767,770
RSTP
0%
$0
$767,770
$0
$0
$0
$0
$0
$0
$0
$0
Total CN
$767,770
$0
$767,770
$762,770
Total Estimated Cost
$897,770
$0
$897,770
$887,770
I� Total Maximum Reimbursement by VDOT to Locality (Less Local Share) $897,7701 1
Estimated Total Reimbursement by VDOT to Locality (Less Local Share and VDOT Expenses) $887,770
Project Financin
Aggregate
RSTP Allocations -11
$897,770 $897,770
Program and Project Specific Funding Requirements
• This project shall be administered in accordance with VDOT's Locally Administered Projects Manual and Urban Manual.
• In accordance with Chapter 12.1.3 (Scoping Process Requirements) of the LAP Manual, the locality shall complete project scoping on or before September 1, 2019
• This is a limited funds project. The LOCALITY shall be responsible for any additional funding in excess of $897,770.
• All local funds included on this appendix have been formally committed by the local government's board or council resolution subject to appropriation.
• This project is funded with federal -aid Regional Surface Transportation Program (RSTP) funds. These funds must be obligated within 12 months of allocation and expended within 36 months
of the obligation.
• Reimbursement for eligible expenditures shall not exceed funds allocated each year by the Commonwealth Transportation Board in the Six Year Improvement Program.
rhis attachment is certified and made an official attachment to this document by the parties to this agreement.
Authorized Locality Official and Date
Typed or printed name of person signing
Revised: July 3, 2018
Authorized VDOT Official and Date
Jay Guy, Program Manager
Typed or printed name of person signing
/_1
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of December, 2018.
No. 41335 - 121718.
AN ORDINANCE appropriating revenue and expenditures for 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
General & Administration
$ 169,883
Finance
88,226
Event Production
111,479
Marketing
176,155
Operations
465,887
Ticket Office
80,983
Overhead
428,963
Food & Beverage
147,374
Revenues
Operating $ 268,340
Events Performing Arts Theatre 400,318
Coliseum 662,430
Events — Special Events
Center /Exhibit Hall 333,623
Berglund Hall 4,239
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.
COUNCIL CITY
k�
b pqd
To: Honorable Mayor and Members of City Council
Meeting: December 17, 2018
Subject: Budget Amendment - Roanoke Civic Center - Berglund Center
Background:
In ,January 2009, the City of Roanoke entered into a contract with Global
Spectrum, LP. to manage and operate the Roanoke Civic Center (Berglund
Center) on behalf and for the benefit of the City of Roanoke. On December 31,
2018, the contract with Global Spectrum will expire. Beginning ,January 1,
2019, the operations and functions will be managed by the City of Roanoke.
The Berglund Center currently has 29 full time employees who will become
employees of the City of Roanoke.
Considerations:
The Civic Center budget (Fund 05) operates as an enterprise fund, a fund type
to account for business type activities similar to those in the private sector,
including services primarily funded through user charges. City Council
approval is required to amend the Fund 05 Roanoke Civic Center - Berglund
Center Budget for the remainder of the fiscal year 2019 (January through .June).
Recommended Action:
Adopt the accompanying budget ordinance amending the Roanoke Civic Center
- Berglund Center budget. Authorizing the Director of Finance to increase the
Fund 05 Civic Center budget by $1,668,950 in revenue and appropriate funding
as not exp i re accounts.
-- - -- - -- --- - - - - --
er S "Co 1, ,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
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of December, 2018.
No. 41336- 121718.
AN ORDINANCE authorizing the City Manager to execute a lease
agreement with the Roanoke Regional Airport Commission, for the City to lease
the former Fire -EMS Station #10, located at 5268 Aviation Drive NW, designated
as Official Tax Map No. 6560101; and dispensing with the second reading of this
ordinance by title.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke
as follows:
1. The City Manager and the City Clerk are hereby authorized, to
execute and attest, respectively, in a form approved by the City Attorney, a lease
agreement with the Roanoke Regional Airport Commission, for the City to lease
the former Fire -EMS Station #10, located at 5268 Aviation Drive NW, designated
as Official Tax Map No. 6560101, to be used by the City for the storage of
reserve public safety equipment and as a training location for the City's public
safety agencies, for a term of five years, commencing January 1, 2019, at an
initial annual rental of $94,644 per year, upon certain terms and conditions, and as
more particularly described in the City Council Agenda Report dated December
17, 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.
ATTE
• OM
ju,
City Clerk. �
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of December, 2018.
No. 41337 - 121718.
AN ORDINANCE to appropriate funding from the General Fund budget
contingency for the storage of reserve fire and emergency medical service vehicles,
amending and reordaining certain sections of the 2018 -2019 General 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 General Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Contingency
Rent/Lease of Buildings
01- 300 - 9410 -2199 $ (47,322)
01- 520 - 3213 -0220 47,322
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
7POlh, �1
City Clerk.
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: December 17, 2018
Subject: Approval of Lease with Roanoke Regional Airport Commission
for Storage of Fire -EMS Reserve Equipment
Background:
Fire -EMS has 25 pieces of front -line fire and emergency medical service vehicles
and 1 1 additional vehicles designated as reserve. The reserve equipment
provides backup capability when front -line equipment is out of service for
repairs and maintenance to ensure that service and response time are not
compromised. Historic Fire Station #1, located at 13 Church Avenue, S.E., has
been used as the primary location for housing reserve Fire -EMS and police
equipment.
On June 18, 2018, City Council authorized the sale of Historic Fire Station #1 to
Old School Partners II, LLC. With the pending closing of the sale of Historic Fire
Station #1, there is the need to identify a location to house reserve public safety
equipment.
Based on an extensive search of available property to house reserve equipment,
the former Fire -EMS Station #10, located at 5268 Aviation Drive and currently
owned by the Roanoke Regional Airport Commission, has been identified as a
suitable location.
Considerations:
City Council approval is requested to execute the Lease Agreement. General
provisions of the proposed lease include the following:
• Initial lease term of five (5) years commencing on January 1, 2019, with
an option to renew for four (4) additional one (1) year terms.
• Lease rate of $7,887 per month or $94,644 per year.
• Annual lease rate adjustment indexed to the Consumer Price Index for all
Urban Consumers.
Lessee responsible for the cost of utilities.
Funding for the cost of the lease for the current fiscal year will be transferred
from the Budget Contingency with the intent to include funding in the General
Fund Budget for future years. It is anticipated that the existing Fire -EMS
Station #2 will be used to house reserve apparatus when a replacement station
is constructed.
Recommended Action:
Authorize the City Manager to execute the Lease Agreement between the
Roanoke Regional Airport Commission and the City of Roanoke substantially
similar to the Lease Agreement attached to this Council Agenda Report and
authorize the City Manager to execute such further documents and take such
further actions as may be necessary. All documents are subject to approval as
to form by the City Attorney.
Approve the attached Budget Ordinance transferring $47,322 from Budget
Contingency to the designated account in the Fire -EMS budget for the monthly
lease paym
----- - - - - -- - - -- ---- - - - - --
Robert S. Cowell, ,Jr.
City Manager
Distribution: Council Appointed Officers
Sherman M. Stovall, Assistant City Manager for Operations
Amelia C. Merchant, Director of Finance
Timothy R. Spencer, Senior Assistant City Attorney
LEASE AGREEMENT
BETWEEN
ROANOKE REGIONAL AIRPORT COMMISSION
WE
CITY OF ROANOKE
January 1, 2019
TABLE OF CONTENTS
Page #
1. Leased Premises ......................................................................................... ..............................1
2. Term ............................................................................................................ ..............................1
3. Extension of Original Lease Term ............................................................ ..............................1
4. Holding Over .............................................................................................. ..............................1
5. Use of Premises ........................................................................................... ..............................2
6. Rental Fees During the Lease Term ......................................................... ..............................2
7. Utilities ........................................................................................................ ..............................3
8. Maintenance, Operation, Use and Condition of the Leased Premises .. ..............................3
9. Leasehold Improvements .......................................................................... ..............................4
10. Compliance with environmental Laws and Other Safety Regulations . ..............................5
11. Right to Inspect Premises .......................................................................... ..............................6
12. Refuse and Waste ....................................................................................... ..............................6
13. Rights During National Emergency , ......................................................... ..............................7
14. Safety and Security .................................................................................... ..............................8
15. Responsibility of Parties and Insurance .................................................. ..............................8
16. Assignment and Subletting ....................................................................... .............................10
17. Provision Applicable to Facilities Funded with Federal and State Grants ......................10
18. Termination by Commission .................................................................... .............................19
19. Cancellation by Lessee .............................................................................. .............................20
20. Rights and Remedies Cumulative ........................................................... .............................22
21. Failure to Enforce ..................................................................................... .............................23
22. Non - Waiver ...............................................................................................
.............................23
23. Environmental Concerns .........................................................................
.............................23
24. General Provisions ....................................................................................
.............................23
LEASE EXHIBITS:
ExhibitA -1— Leased Premises ..................................................................... .............................30
ExhibitA -2 — Interior ..................................................................................... .............................31
Exhibit B — Maintenance and Operation Responsibilities Regarding Building 21 ................32
Exhibit C — Incoming ACH/Wire Transfer Instructions ............................ .............................36
Exhibit D — Guidelines for Tenant Improvements ..................................... .............................37
LEASE AGREEMENT BETWEEN
ROANOKE REGIONAL AIRPORT COMMISSION
AND
CITY OF ROANOKE
THIS LEASE AGREEMENT ( "LEASE "), made as of the day of December,
2018, by and between the Roanoke Regional Airport Commission, a body corporate created
pursuant to Chapter 140 of the 1986 Acts of the Virginia General Assembly ( "Commission" or
"Owner ") and City of Roanoke, organized and existing under the laws of the Commonwealth of
Virginia ( "Lessee ").
WHEREAS, Lessee desires to lease certain premises at the Roanoke - Blacksburg
Regional Airport ( "Airport "), further described and set forth in this Lease Agreement
( "Agreement "); and,
WHEREAS, Lessee desires to use the Leased Premises including the parking lot, for
offices, employee training, and housing reserve (storage) for Fire and Police Department
apparatus, such as fire engines, ladders, police tactical units and police motorcycles.
NOW, THEREFORE, Commission, as owner and operator of Roanoke — Blacksburg
Regional Airport ( "Airport"), and Lessee, for and in consideration of the premises and mutual
covenants contained in this Lease, do hereby covenant and agree as follows:
1. Leased Premises: The Commission agrees to lease to Lessee, an approximately 10,516
square foot building located at 5268 Aviation Drive, Roanoke, Virginia, as shown within the red
outline on Exhibit A -1, (the "Building "), the interior of which is shown on Exhibit A -2, attached
hereto, collectively the Leased Premises).
2. Term: The Term of this Agreement shall be for a period of five (5) years commencing
January 1, 2019 (the "Lease Commencement "), and shall continue until December 31, 2023.
After the five (5) year Initial Lease Term, if Lessee has not renewed this Lease in accordance
with Section 3 herein, the Commission may modify the terms and conditions of this Lease,
including the rent to be paid, by giving the Lessee thirty (30 days prior written notice of such
modification.
3. Extension of Original Lease Term: Upon prior mutual agreement of the parties, the
original five -year term of the Lease may be extended for four (4), additional one (1) year terms.
In the event Lessee desires to extend the term of the Lease or the subsequent one -year
extensions, Lessee shall so notify Commission in writing at least one hundred eighty (180) days
prior to the expiration of the original term and /or each such one year extension, and upon
Commission approval such term shall be extended.
4. Holding Over: In the event Lessee shall hold over and remain in the possession of the
Leased Premises after the expiration of the Lease Term, without any written renewal thereof and
without written notice from the Commission to vacate, such holding overs shall not be deemed
to operate as a renewal or extension of this Lease, but shall create a tenancy from month to
month, which may be terminated by either party at any time upon thirty (30) days written notice.
All provisions of this Lease except those pertaining to the term, shall apply during the month to
month tenancy, provided that upon thirty (30) days written notice the Commission may increase
the rent to be paid by Lessee.
5. Use of the Premises:
A. During the Term of the Lease, the Leased Premises shall be used by Lessee, the City
of Roanoke, for offices and storage of equipment such as fire engines, ladders, and police
tactical units and police motorcycles, subject to the terms and conditions of this Lease,
including compliance with all applicable FAA, TSA, Commonwealth of Virginia, City of
Roanoke and Commission rules and regulations, including security requirements.
Designated City of Roanoke employees shall have access to the building and truck bays
and the building's parking lot during as needed by the City of Roanoke. Such access shall
be twenty -four (24) hours per day, seven (7) days per week, unless such hours are
otherwise designated.
B. Keys to the Leased Premises. Key access to the Leased Premises may be issued to
the Lessee upon request and completion and approval of Commission's Key Request
Form. Upon acceptance and receipt of keys, in the event of loss, theft or damage of said
keys Lessee agrees to report immediately such loss, theft or damage. The Lessee further
agrees to reimburse the Roanoke Regional Airport Commission or any replacement costs
including all subsequent key and core replacement costs necessary to comply with or
maintain TSA and /or the Airport's security requirements. Keys issued to Lessee shall be
returned to the Security Office, and accepted by Security Office Law Enforcement
Officer, upon expiration of Lease. The garage portion of the building is accessible
through a lock box.
6. Rental Fees during the Lease Term:
6.1. Rental during the Lease Term. Based on the terms and conditions of the Lease
herein, and upon Commencement of the Lease Term, Lessee shall pay an annual rental
of Ninety -Four Thousand Six Hundred Forty -Four Dollars ($94,644.00), one - twelfth of
which amount shall be paid monthly in advance; preferably by ACH Wire Transfer and
posted to the Roanoke Regional Airport Commission's receiving bank identified below,
or paid by check and received in the Commission's Office of the Director of Finance and
Administration no later than the 10`h day of the month. If the Term of this Agreement
begins on a date other than on the first day of the month, Lessee's rental shall be prorated
for such month. Remittance Instructions for transferring funds by domestic ACH/Wire
transfers to the Roanoke Regional Airport Commission Operating Account are as
follows:
Receiving Bank:
Union Bank & Trust, 244010 Partnership Blvd., Ruther Glen, VA 22546, ABA or
Routing Number: 051403164; For Credit to: (Tenant's Name), Beneficiary Name:
Roanoke Regional Airport Commission (Union Customer Name), Beneficiary Account
2
Number (Union Customer Account#): 8502430743. This information is also provided on
Attachment "D ", herein.
6.2 Adiustment of Annual Rental Payment. The annual rental shall be adjusted on
each anniversary of the Lease Commencement, the first such adjustment to be made as of
January 1, 2020. Each year thereafter, including during any Option Terms, the annual
rental shall be adjusted each year on each anniversary of the Commencement Date, based
on the percentage change in the Consumer Price Index for all Urban Consumers (CPI -
U), All Items, U.S. City Average applicable in August of the calendar years being
compared provided that in no event shall the rental payable for any succeeding rental
period be less than the rental paid during the previous year and such rental shall be
effective for the ensuing twelve (12) months.
6.3 [Intentionally Left Blank].
6.4. Surrender of Premises. At the end of the Lease Term or after the Lease Term
set forth in this Lease Agreement, Lessee covenants and agrees to yield and deliver
peaceably to the Commission to vacate possession of the Leased Premises and the
facilities attached thereto promptly and in good condition, reasonable wear and tear
damage excepted.
6.5. [Intentionally Left Blank.
6.6. Late Fees: Lessor shall be entitled to assess a late payment charge of one percent
(1.0 %), per month or portion thereof (twelve percent (12 %) annual percentage rate) on
any rental amounts, additional amounts or rental fees that are not paid when due.
6.7. Brokerage Fees: The Commission will be responsible for payment of any
brokerage fees relating to this Lease.
7. Utilities: The Leased Premises is provided with conventional amounts of electric power,
lighting, water, and sewer connections and where applicable heating /air conditioning to the
Leased Premises. There shall be no additional or upgraded utilities provided during the term of
this Lease. Lessee shall be responsible for the cost of heat, air and cooling; electricity, water,
sewer and telephone service used at the Leased Premises.
8. Maintenance, Operation, Use and Condition of the Leased Premises: Lessee agrees
to accept the Leased Premises in its "as -is" condition. Lessee further Agrees it will be
responsible at its sole cost and expense for all interior building maintenance of the Leased
Premises, its redecoration and refurbishment, light bulb and tube replacement and janitorial
services and such other maintenance and repair obligations in the Leased Premises, in
accordance with Exhibit `B ", attached. The Leased Premises shall be maintained in a safe,
sanitary and presentable manner and condition.
Lessor shall be responsible for the repair and maintenance of all exteriors and structural building
repairs including but not limited to the maintenance and repair of the roof, including leaks,
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building structure and systems, i.e., exterior walls, load bearing columns, building systems such
as plumbing, heating, air conditioning systems (where applicable), water and sewer systems, and
such other maintenance and repair obligations as described in Exhibit `B" attached.
Snow and Iee Removal: Commission shall remove or treat snow and ice on roadways,
taxiways, the terminal ramp and public airport roadways after these areas have been satisfactorily
handled, the Commission will remove or treat snow and ice on taxilanes, in common parking
areas and all vehicular gates in AOA #2. Lessee shall have the right to remove or treat snow and
ice in the parking areas of the Lease Premises, identified in Exhibit A -2 attached, at its sole cost
and expense.
9. Leasehold Improvements.
9.1 Leasehold Improvements. Lessee shall make no alterations or leasehold
improvements to the Leased Premises except after complying with the applicable
provisions of the of the Commission's Guidelines for Tenant Improvements adopted
February 16, 2006, attached as Exhibit "D "; obtaining the written consent of the
Executive Director and after obtaining all necessary building permits. The
Executive Director shall be justified in withholding approval if Lessee has failed to make
adequate plans to ensure that the Leased Premises shall remain free from liens of any
nature; if any such alterations or leasehold improvements would interfere with an
adequate level of service during the period the alterations or leasehold improvements
were taking place; if such alterations or leasehold improvements would not comply with
applicable building codes; if such alterations or leasehold improvements would result in
the removal of leasehold improvements, ownership of which has or is vested in the
Commission, without replacements with items that would also constitute such
improvements of the same scope and quality; if any such alterations or Improvements
would be damaging to either the structural soundness or appearance of any part of the
building within the Leased Premises; if any such alterations would not meet the
Commission's reasonable requirements for the safe use of the Leased Premises or any
other part of the Building, or if Lessee fails to agree to provide the bonding and insurance
coverage deemed necessary by Commission. Any approval given by the Executive
Director shall not constitute a representation that such leasehold improvements meet any
or all building codes or laws. All alterations and leasehold improvements to the Leased
Premises made by the Lessee shall be at Lessee's expense, and shall be made in a
workmanlike manner without damage to the Leased Premises, except such damage that is
promptly repaired or corrected by the Lessee.
9.2 Extensive Damage: If the Leased Premises shall be damaged by fire or other
casualty to such an extent as to render the Leased Premises untenantable and incapable of
being repaired in sixty (60) days, all as determined by Commission, the Commission
shall have the option of (a) repairing and restoring the Leased Premises to usable
condition with due diligence at its own cost and expense; however, in such case the
Annual Rental payable hereunder for said Leased Premises shall thereafter cease until
such time as the Leased Premises shall be put in order, and the Commission will use its
best efforts to provide Lessee suitable alternate facilities to continue its operation while
repairs are being completed (for which appropriate rent shall be charged); or (b) within
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ninety (90) after the time of such damage and before the Leased Premises shall be put in
order and before any contract for repair or reconstruction thereof has been signed, either
party may give the other party notice of its intention to cancel this Lease, and upon, the
receipt of such notice of cancellation, provided by Commission, Commission agrees to
pay to Lessee a pro -rata share of the proceeds of insurance received by Commission,
which amount shall be related to Lessee unamortized costs for Leasehold Improvements
made as part of its initial investment in the Leased Premises.
9.3 Damage due to Lessee's Negligence: In the event the Leased Premises or any
part of the Building which is part of the Leased Premises, shall be damaged or destroyed
by fire or other casualty or otherwise due directly or indirectly to the willful act or
negligence of the Lessee, or its agents, employees, or contractors, there shall be no
abatement of the Annual Rental during the restoration of the Leased Premises, no pro -rata
share of the Commission's insurance proceeds, and Lessee shall have no option to cancel
this Lease under the provisions of this Lease. To the extent that the cost of all repairs
resulting from such action by Lessee or its agents, employees or contractors shall exceed
the amount of any insurance proceeds payable to the Commission by reason of such
damage or destruction, Lessee shall pay the amount of such cost to the Commission.
10. Compliance with Environmental Laws and Other Safety Regulations.
A. In Lessee's exercise of the rights and privileges granted herein, Lessee, its officers,
agents, employees, guests, invitees, contractors, and any persons over whom Lessee has
control shall observe, obey and comply fully at Lessee's own expense with all present
and future Federal, State, City, Commission, and any other laws, regulations, rules,
resolutions, ordinances and directives applicable to controlling air, water, noise, solid
wastes, and other pollution relating to the use, storage, transport, release or disposal of
hazardous materials, substances, or waste. Neither Lessee, its officers, agents, guests,
invitees, contractors and any persons over whom Lessee has control shall bring or allow
to be brought onto the Premises any hazardous, toxic, or petroleum material, substance,
or waste, and both shall comply with all applicable federal, state and local laws, rules,
and regulations regarding such substances. Lessee shall not store, dispose of or release
any hazardous or toxic substances, wastes or materials of any kind on the Premises or
Airport premises, nor shall such wastes be placed in waste containers or dumpsters
provided and emptied by the Commission. Compliance with all environmental laws shall
be solely Lessee's responsibility at its sole cost. Lessee shall immediately furnish to the
Commission's Executive Director written notice of any and all releases of hazardous
wastes, materials or substances whenever such releases are required to be reported to any
federal, state, or local authority, and pay for all clean up and removal costs. Such written
notice shall identify the substance released, the amount released, and the measures
undertaken to clean up and remove the released material and any contaminated soil or
water, and shall further certify that no contamination remains. Lessee shall also provide
Commission with copies of any and all reports resulting from tests on the Leased
Premises or made to any governmental agency that relate to the Leased Premises.
Lessee acknowledges and agrees that it is a co -or sub - Lessee on Commission's Storm
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Water Pollution Prevention Plan and that it agrees to complete the annual inspection
documents, send its employees to training scheduled by the Commission and to comply
with the Best Management Practices contained in such SWPPP and applicable to
Lessee's operations at the airport.
B. Accessibility of Physically Handicapped. To the extent the requirements of
Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 27, and Titles II and III of the
Americans with Disabilities Act of 1990 apply to the operation and /or construction of any
or facilities by Tenant on the Leased Premises or any part thereof, such equipment shall
be provided and facilities shall be designed, constructed, and operated, so that the
equipment or facility is accessible to and usable by handicapped persons. To assure such
design, construction, and use Tenant will design and construct the facility in accordance
with the Uniform Federal Accessibility Standards ( "UFAS ") and/or the American
National Standards Institute "Standard Specifications for Making Buildings and Facilities
Accessible to, and Usable by, the Physically Handicapped" (ANSL A 117.1 1961 [R-
1971]), as applicable, which standards are incorporated herein and made a part of this
Agreement.
11. Right to Inspect Premises. Commission, through its employees, agents, representatives
and contractors, in an emergency without notice and otherwise upon reasonable notice to the
Lessee shall have the right to enter the Lessee's Premises or the area where Lessee's contractor is
working at all reasonable or necessary times for the purpose of inspecting Lessee's Premises, and
Lessee's operation of same to determine whether Lessee and its Contractor have complied with
and are complying with the terms and conditions of this Lease, including without limitation,
matters related to environmental and safety issues. Nothing herein, however, shall be deemed to
place any responsibility or liability upon Commission for the safety or condition of the Premises
which are solely the obligation of Lessee.
The Commission, through its employees, agents, representatives, contractors, and furnishers of
utilities and other services shall have the right for its own benefit, to maintain existing and future
utility, mechanical, electrical, and other systems and services to enter upon the Leased Premises at
all reasonable times to make such repairs, replacements, or alterations to such systems or services
as the Commission may deem necessary or advisable, and from time to time, to construct or
install over, in or under the Leased Premises new systems or parts thereof, provided, however,
that the exercise of such rights shall not unreasonably interfere with the use and occupancy of the
Leased Premises by the Lessee, and that every reasonable effort shall be made to restore the
Leased Premises, to the condition existing prior to the exercise of such rights. Except in an
emergency, any maintenance work in or over the Leased Premises, shall be coordinated with
Lessee's manager or representative prior to being initiated. The exercise of any or all of such
rights by the Commission, or others acting in behalf of the Commission, shall not be construed to
be an eviction of the Lessee.
12. Refuse and Waste.
12.1 Refuse. Lessee shall be responsible for the collection, storage and removal from
the Premises of all garbage, debris and other non - hazardous waste materials, either solid
or liquid, arising out of Lessee's activities on the Airport. Lessee covenants to keep the
Premises free and clear at all times of all such garbage, debris and other non - hazardous
waste materials. No garbage, debris or other waste materials shall be thrown, discharged
or deposited or permitted to be thrown, discharged or deposited on Airport property or
any bordering property of the Airport, nor shall it be placed in waste containers owned
and /or operated by Commission; however, Lessee may use and dispose of its trash in the
compactor and dumpster located west of the terminal building.
12.2 Other Refuse and Hazardous Materials, Substances or Wastes.
A. Compliance with Environmental Laws. Lessee and its contractors shall comply
with all federal, state and local laws, rules regulations, resolutions and controlling air,
water, noise, solid wastes and other pollution and relating to the use, storage, transport,
release or disposal of hazardous materials, substances, or waste.
B. General. Lessee shall not bring or allow to be brought onto the Premises any
hazardous or toxic, substance, or waste and shall comply with all applicable federal, state
and local laws, rules, and regulations regarding such substances.
C. Hazardous Wastes and Materials. Lessee and its contractors shall not store,
dispose of or release any hazardous or toxic substances, wastes, or materials of any kind
on the Premises or Airport Premises, nor shall Lessee or its contractors place such wastes
in waste containers or dumpsters provided and emptied by the Commission. Compliance
with all environmental laws shall be Lessee's sole responsibility at its sole cost.
D. Report Release of Hazardous Materials. Lessee shall immediately furnish to
the Executive Director written notice of any and all releases of hazardous wastes,
materials or substances whenever such releases are required to be reported to any federal,
state or local authority within a reasonable timeframe, and pay for all clean up and
removal costs. Such written notice shall identify the substance released, the amount
released, and the measures undertaken to clean up and remove the released material and
any contaminated soil or water, and shall further certify that no contamination remains.
Lessee shall also provide Commission with copies of any and all reports resulting from
tests on Airport property or made to any governmental agency which relates to Airport
property.
E. No fueling on Leased Premises. Lessee will not, except for fuel in fuel tanks of
stored vehicles, store fuel or other petroleum products on the Leased Premises and will
not fuel vehicles on the Leased Premises.
13. Rights during National Emergency. The Commission reserves the right during times
of national emergency declared by the President of the United States, to lease the Airport or any
part thereof to the United States Government, if said Airport facilities are required for United
States Government use. In the event such a lease is executed, the rights and privileges of this
Lease, insofar as they are inconsistent with the rights and privileges of the lease with the United
States Government, shall be temporarily suspended and rents abated appropriately.
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14. Safety and Security.
Security. Lessee acknowledges that the concourse Sterile Area and the Security
Identification Display Area (SIDA) within the airfield fence line, including the ramp area
directly surrounding the terminal building, the lower level concourse space, the bag make up
area and the terminal roof, are restricted access areas. Lessee agrees to be responsible for, and
to insure that, none of the employees, agents, or representatives of it or its Contractor(s) gains
access, enters or moves about the SIDA without constant escort by a duly authorized and
badged employee of the Lessee or its Contractor; or gains access, enters or moves about the
Sterile Area without constant escort by a duly authorized and badged employee of the Lessee
or its Contractor or without being subjected to screening by the TSA at the concourse
screening checkpoint; and that the Contractor, its employees, agents, subcontractors and
representatives shall comply with the Commission's security program at Lessee's and /or
contractor's sole cost.
No equipment or vehicle operated by Lessee, its employees, agents, subcontractors, suppliers or
representatives shall be allowed to enter or move about the Airport Operations Area (AOA)
unless it has been properly marked, inspected and escorted by a properly badged employee of
Lessee. The vehicle will remain locked at all times when not in motion and the Contractor must
provide motor vehicle insurance or demonstrated capacity to self insure in the amount of at least
$5,000,000.
In order to avoid the possibility of prohibited items being taken onto a plane, Lessee shall insure
that Contractor retains control of its tools at all times while inside the SIDA and Sterile Area.
In the event that Lessee desires that the Contractor or its employees be badged for unescorted
access within the SIDA, Lessee's authorized signatory shall complete the required applications
and arrange for the required criminal background checks and related payment to be completed.
The Commission reserves the right to reasonably deny unescorted access within the SIDA and
Sterile Area to some or all of Contractor's employees.
15. Responsibility of the Parties and Insurance.
Responsibility of the Parties. To the extent permitted by applicable law, both the Lessor and
Lessee will be responsible for the actions, inactions or violations of their officers, employees,
and agents in connection with this Lease Agreement, but nothing contained herein shall be
construed as a waiver of either parties' sovereign immunity.
Insurance.
Prior to the execution of this Lease by the Commission, Lessee shall provide Commission's
Executive Director suitable evidence of the following insurance coverage:
A. Insurance Coverage. The Commission understands that City is self - insured under the
laws of the Commonwealth of Virginia for the first one million dollars ($1,000,000) in
liability coverage. However, the City currently maintains and will continue to maintain
an excess liability policy with States RRG that has coverage limits of ten million dollars
($10,000,000) above the City's self - insured coverage during the term of this Lease
Agreement.
B. Ouality of Insurance Company. Any and all companies providing insurance
required by this Agreement must meet minimum financial security requirements as
follows: (1) Best's Rating not less than B+ and (2) current Best's Financial Category not
less than Class VII. These requirements conform to the ratings published by A.M. Best
& Co. in the current Best's Key Rating Guide — Property Casualty. The ratings for each
company must be indicated on the certificate of insurance form.
C. Insurance to be Maintained During Term. Any and all insurance require by
this Agreement shall be maintained during the entire term of this Agreement, including
any extension thereto. The Executive Director shall have the right to inquire into the
adequacy of the insurance coverages set forth in this Agreement and to require such
adjustments as reasonably appear necessary.
D. Notice of Cancellation. The Executive Director shall, without exception, be
given not less than thirty (30) days notice prior to cancellation for other than no- payment
of premium or for material change of any insurance required by this Agreement. Non-
payment of premium or material change shall require ten (10) days notice o cancellation.
Confirmation of this mandatory 30 days notice of cancellation shall appear on the
certificate of insurance and on any insurance policies required by this Agreement.
E. Commission and Others as Additional Insureds. The Roanoke Regional
Airport Commission, its officers, officials, agents and employees shall be covered as
Additional Insureds under any and all insurance required by this Agreement except for
Worker's Compensation and Employer's Liability, and such insurance shall be primary
with respect to the Additional Insureds. Confirmation of this shall appear on the
certificate of insurance and on any applicable insurance policies.
F. Fire and Casualty Insurance. Lessee shall maintain standard fire and
extended casualty coverage, including, but not limited to, improvements made by Lessee,
title to which will vest in the Commission at the expiration of the Term. Such insurance
will be in the amount of the full replacement value of the structures less a deductible of
no more than $5,000,000 and shall include the Commission as a co- insured as its interest
may appear. Lessee shall maintain appropriate fire and casualty insurance to cover its
own finishes, furnishings, personal property, trade fixtures, equipment and stock in trade,
and acknowledges that Commission will not carry such insurance. Lessee may meet the
requirements of this paragraph by providing special form all risk coverage inclusive of all
required coverages.
G. Workers Compensation. Statutory Worker's Compensation and Employer's
Liability Insurance for all employees engaged in the Work, and maintain such coverage
during the tern of the Contract. In case any such work is subcontracted, the Contractor
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shall require the subcontractor to provide such insurance for all of its employees engaged
in the Work.
H. Insurance Not To Be Limit On Liability. Lessee covenants and agrees that
the insurance coverage required under this agreement shall in no way be considered or
used in any manner as a limit or cap of any kind on any liability or obligation that Lessee
may otherwise have, including without limitation, liability under the indemnification
provisions contained in the Agreement.
I. Bonds. Contractors for the City may be required to provide suitable dual
obligee performance and labor and material payment bonds for the improvements, with
Commission and Lessee as the dual obligees. In such case Commission shall provide
acceptable bond forms for use by City Contractor.
16. Assignment and Subletting. Neither the Leased Premises nor any of the rights,
privileges or obligations of Lessee granted herein may be sublet, either in whole or in part, nor
shall Lessee assign or transfer Lease or any right hereunder without the prior written consent of
the Commission, nor shall it permit any transfer by operation of law of Lessee's interest created
hereby, without the prior written consent of the Commission. Consent by the Commission to any
assignment or transfer of interest under this Lease or subletting of the Leased Premises or the
rights and privileges granted hereunder or any part of either shall be limited to the instance stated
in such written consent and shall not constitute a release, waiver, or consent to any other
assignment, transfer of interest, or subletting, and notwithstanding any such assignment, transfer
of interest, or subletting, Lessee shall remain liable for the performance of Lessee's obligations
under this Lease.
17. Provisions Applicable to Facilities Funded with Federal and State Grants
17.1. Federal and State Grants and Public Use. The parties acknowledge that the
Airport will be operated as a public airport, subject to the provisions of the Federal
Aviation Act of 1958 and grant agreements between the Commission and the federal
government, and between the Commission and the State government, containing
assurances guaranteeing the public use of the Airport, so that nothing contained in this
Agreement shall be construed to grant or authorize the granting of an exclusive right
within the meaning of Section 308 of the Federal Aviation Act of 1958. The
Commission reserves the right to further develop or improve, as it sees fit, the Terminal,
the Airport, its landing rea and taxiways, and to construct other airports, regardless of the
desires or views of Lessee and without interference or hindrance therefrom. This
Agreement shall be subordinate to the provisions of any existing or future agreement
between the Commission and the United States of America, including instrumentalities
thereof, and between the Commission and the Commonwealth of Virginia, relative to the
operation or maintenance of the Airport, the execution of which has been or may be
required as a condition precedent to the expenditure of federal or state funds in
developing the Airport.
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17.2 Modification to Comply with Federal and State Laws. Regulations or
Agreements. Should the Commonwealth of Virginia, United States of America or any
instrumentality thereof having authority to do so require that any provision of this
Agreement that is in violation of any federal or state law or regulation or any provision
of an existing grant agreement between the Commission and the United States of
America, any instrumentality thereof, or the Commonwealth of Virginia be changed or
deleted or should any such change deletion be required in order for the Airport either to
continue as part of the national airport plan or to retain its eligibility to participate in
federal or state financial assistance programs, the Commission may give the Lessee
notice that it elects that any such change or deletion be made. Lessee shall then elect
either to consent to any such change or deletion or to cancel the remaining term of this
Agreement. Such election shall be made in writing and delivered to the Commission
within thirty (30) days of the date the Commission gave notice to the Lessee of its
election that any such change or deletion be made.
17.3 Subordination to Federal and State Statute. It is understood and agreed
between the parties hereto that this Agreement shall be subject and subordinate to the
provisions of any existing or future agreement between the Commission and the United
States of America or the Commonwealth of Virginia relative to the ownership, operation
or maintenance of the Airport, the execution of which has been or may be required by the
provisions of the Federal Airport Act of 1946, as amended, or any future act affecting the
operation or maintenance of the Airport, or as a condition precedent to the granting of
state or federal funds.
17.4 Rules and Regulations — Law Compliance. Lessee covenants and agrees to
observe and comply with, and this Agreement shall be subject to, all requirements of the
constituted public authorities, all Federal, State and local statutes, laws, ordinances,
rules, regulations and standards now and hereafter in force, which may be applicable to
the operation of its business at the Airport, including, but not limited to, such Rules and
Regulations as may be adopted by the Commission or its Executive Director and,
without in any manner limiting the generality of the foregoing, applicable rules and
regulations of governmental units pertaining to the use or employment of socially and
economically disadvantaged individuals, laws, rules, and regulations pertaining to
minorities, and laws, rules and regulations pertaining to handicapped persons insofar as
they may be applicable to Lessee. Lessee specifically covenants and agrees that Lessee
shall be solely and exclusively responsible at Lessee's cost for compliance of the Leased
Premises with the Americans with Disabilities Act and all implementing guidelines and
regulations.
17.5 Non - Discrimination. Lessee, for itself and its successors in interest and assigns,
as a part of the consideration hereof, does hereby covenant and agree that (1) no
person on the grounds of race, color or national origin shall be excluded from
participation in, denied the benefits of, or be otherwise subject to discrimination in the
use of the facilities leased herein, (2) that in the construction of any improvement on,
over or under such land and the furnishings of services thereof, no person on the grounds
of race, color, or national origin shall be excluded from participation in, denied the
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benefits of, or otherwise be subject to discrimination, and (3) that the Lessee shall use the
Leased Premises in compliance with all other requirements imposed by or pursuant to
Title 49, Code of Federal Regulation, Department of Transportation, Subtitle A, Office of
the Secretary, Part-21, Non- Discrimination in Federally- Assisted Programs of the
Department of Transportation — Effectuation of Title VI of the Civil Rights Act of 1964,
and as such Regulation may be amended. In the event of breach of any of the above
nondiscrimination covenants, the Commission shall have the right to terminate this
Agreement and to re -enter and repossess said Leased Premises, and hold the same as
if this Agreement had never been made or issued. This provision shall not be
effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are
followed and completed including exercise or expiration of appeal rights.
17.6 Affirmative Action. Lessee assures that it will undertake an affirmative action
program as required by 14 CAR Part 152, to the extent the same may be applicable
to Lessee or to the use of the Leased Premises, to insure that no person shall on the
rounds of race, creed, color, national origin, or sex, be excluded from participating in or
receiving the services or benefits of any program or activity covered by this subpart;
that it will require that its covered subtenants or sub - concessionaires, f any, provide
assurances to Lessee that they similarly will undertake affirmative action programs and
that they will require assurance from their sub - organizations, as required by 14 CFR
Part 152, to the same effect.
17.7 Accessibility of Physically Handicapped. To the extent the requirements of
Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 27, and Titles 11 and III of
the Americans with Disabilities Act of 1990, as amended, apply to the Leased Premises
or the operation and /or construction of any equipment or facilities by Lessee on the
Leased Premises or any part thereof, such equipment shall be provided and facilities
shall be designed, constructed, and operated, so that the Leased Premises and any
equipment or facility is accessible to and usable by handicapped persons. To assure such
design, construction, and use, Lessee will design and construct all Leasehold
Improvements in accordance with the Uniform Federal Accessibility Standards
( "UFAS ") and /or the American National Standards Institute "Standard Specifications
For Making Buildings and Facilities Accessible to, and Usable by, the physically
Handicapped" (ANSL A 117.1 1961 [R- 1971]), as applicable, which standards are
incorporated herein and made a part of this Agreement.
17.8 Disadvantaged Business Enterprise Program. This Lease is subject to the
requirements of the U.S. Department of Transportation's regulations, 49 CFR, Part 23,
Subpart F. Lessee agrees that it will not discriminate against any business owner because
of the owner's race, color, national origin, or sex in connection with the award or
performance of any concession agreement, management contract or subcontract,
purchase or lease agreement, or other agreement covered by 49 CFR, Part 23,
Subpart F. Lessee agrees to include the statements set forth in the preceding paragraph
in any subsequent sub - concession agreements that it enters for operations at the Airport
and cause those businesses to similarly include the statement in further agreements, but
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all such subsequent agreements shall be subject to the provisions of ARTICLE XII
hereof.
17.9 Lessee (is) (is not) a Disadvantaged Business Enterprise as defined in 49
CFR Part 23, Section 23.89. In the event Lessee does not or no longer qualifies as a
DBE pursuant to Federal law and the Commission's certification program, Lessee agrees
that it will purchase services, goods or products from DBEs which will equal or
exceed (%) of Lessee's gross revenues at the Airport. Limited partnership or registered
as a registered limited liability partnership, the Lessee shall provide documentation
acceptable to Commission establishing that the Lessee is authorized to transact business
in the Commonwealth as a domestic or foreign business entity if so required by Title
13.1 or Title 50, or to be revoked or cancelled at any time during the term of the
contract. The Lessee shall not allow its existence or its certificate of authority or
registration to transact business in the Commonwealth to lapse, if so required under Title
13.1 or Title 50, or to be revoked or cancelled at any time during the term of the contract.
The Commission may void this contract if the Lessee fails to remain in compliance with
the provisions of this section or does not submit a satisfactory plan to comply with
evidence of its good faith efforts.
17.10 Immigration Reform and Control Act of 1986. Lessee certifies that it does not
and will not during the performance of this Agreement employ unauthorized alien
workers or otherwise violate the provisions of the Federal Immigration Reform and
Control Act of 1986.
17.11 Reservation of Rights Required by the FAA.
Right to Develop Landing Area. Commission reserves the right to further develop or
improve the landing area of the Airport as it see fit, regardless of the desires or view of
the Lessee, and without interference or hindrance.
Right to Repair Landing Area. Commission reserves the right, but shall not be
obligated to Lessee, to maintain and keep in repair the landing area of the Airport and all
publicly owned facilities of the Airport.
Right to Lease Landing Area. Commission reserves the right to take an action considers
necessary to protect the aerial approaches of the airport against obstructions, together
with the right to prevent Lessee from erecting, or Leasing to be erected, any building or
other structure on or adjacent to the Airport which, in the opinion of the Commission,
would limit the usefulness of the Airport or constitute a hazard to aircraft.
Right to Protect Approaches. Commission reserves the right to take any action it
considers necessary to protect the aerial approaches of the airport against obstructions,
together with the right to prevent Lessee from erecting, or Leasing to be erected, any
building or other structure on or adjacent to the Airport which, in the opinion of the
Commission, would limit the usefulness of the Airport or constitute a hazard to aircraft.
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Right of Flight. Commission reserves the right of flight for the passage of aircraft in the
airspace above the surface of the premises herein. This public right of flight shall include
the right to cause in said airspace any noise inherent in the operation of any aircraft used
for navigation or flight through said airspace or landing at, taking off from, and
operation on the Airport.
Interference Prohibited. Lessee agrees that it will not make use of the Leased Premises
in any manner which might interfere with the landing and taking off of aircraft from the
Airport or otherwise constitute a hazard. In the event this covenant is breached, the
Commission reserves the right to enter upon the premises and cause the abatement of
such interference at the expense of Lessee.
17.12. Nondiscrimination. Notwithstanding any other or consistent Provision of this
Agreement, during the performance of this Agreement, Lessee, for itself, its heirs,
personal representatives, successors in interest and assigns, as part of the consideration of
this Agreement, does hereby covenant and agree, as a covenant running with the land,
that no person on the grounds of race, color, religion, sex or national origin shall be
excluded from participation in, denied the benefits of, or otherwise be subjected to
discrimination in, the use of the Premises; In the construction of any improvements on,
over or under the Premises, and the furnishing of services therein or thereon, no person
on the grounds of race, color, religion, sex or national origin shall be excluded from
participation in, denied the benefits of, or otherwise be subjected to discrimination;
Lessee shall use the Premises in compliance with all other requirements imposed by or
pursuant to Title 49, Code of Federal Regulations, Department of Transportation,
Subtitle A. Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted
Programs of the Department of Transportation — Effectuation of Title VI of the Civil
Rights Act of 1964, and as said regulations may be amended.
In the event of breach of any of the above nondiscrimination covenants, Commission
shall have the right to terminate this Agreement and to re -enter and repossess the
Premises and hold the same as if said Agreement had never been made or issued. This
provision does not become effective until the procedures of 49 CFR Part 21 have been
followed and completed, including expiration of appeal rights.
17.13 Affirmative Action. The Lessee assures that it will undertake an affirmative
action program, as required by 14 CFR Part 152, Subpart E, as amended, to ensure that
no person shall, on the grounds of race, creed, color, national origin, or sex, be excluded
from participating in or receiving the services or benefits of any program or activity
covered by this subpart. The Lessee assures that it will require that its covered
organizations provide assurance to the Lessee that they similarly will undertake
affirmative action programs and that they will require assurances from their sub -
organization, as required by 14 CFR Part 152, Subpart E, as amended, to the same effect. The Lessee ag
local agency or court, including those resulting from a conciliation agreement, a consent
decree, court order, or similar mechanism. Lessee agrees that a state or local affirmative
action plan will be used in lieu of any affirmative action plan or steps required by 14 CFR
Part 152, Subpart E, as amended, only when -they fully meet the standards set forth in 14
14
CFR 152.409, as amended. The Lessee agrees to obtain a similar assurance from its
covered organizations, and to cause them to require a similar assurance of their covered
sub - organizations, as required by 14CFR Part 152, Subpart E, as amended.
The Lessee agrees that it will not discriminate against any persons or class of persons by
reason of race, color, creed, or national origin in its employment practices or in providing
any services, or in the use of any of its facilities provided or the public, in any manner
prohibited by Title 49 CFR, Department of Transportation Regulations, or in any manner
prohibited by Title VI of the Civil Rights Act of 1964.
17.14. No Release of Lessee's Liability. Nothing in this Article nor any action taken by
the Commission pursuant hereto shall relieve or release Lessee from any liability that
Lessee may have to the Commission or its insurer in account of any casualty to the
Premises. In the event the Premises are damaged or destroyed in whole or part as a result
of the negligent act or omission of Lessee, its officers, agents, employees, contractors, or
invitees, then Commission may in its sole discretion require Lessee to promptly repair or
reconstruct the Premises and pay the costs therefor, or Commission may repair or
reconstruct said Premises and Lessee shall be responsible for reimbursing Commission
for the cost and expense of such repair or reconstruction, or Lessee shall pay Commission
the replacement value of the facilities which are damaged or destroyed. Any legal action
taken by Commission to enforce Lessee's obligations hereunder shall be in accordance
with applicable law.
17.15. CFR 60 -300.5 (a) and 41 CFR 60 -741 (a).
"Lessee and /or Sub - Lessee, if applicable, shall abide by the requirements of 41 CFR 60-
300.5(a) and 41 CFR 60- 741(a). These regulations prohibit discrimination against
qualified individuals and protected veterans on the basis of disability or veteran status
and requires affirmative action by covered Lessee and Sub - Lessee to employ and advance
in employment qualified individuals with disabilities and protected veterans.
General Civil Rights Provisions. The Lessee agrees that it will comply with pertinent
statutes, Executive Orders and such rules as are promulgated to ensure that no person
shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be
excluded from participating in any activity conducted with or benefiting from Federal
assistance.
Title VI Clauses for Compliance with Nondiscrimination Requirements
(Source: Appendix A of Appendix 4 of FAA Order 1400.11, Nondiscrimination in
Federally- Assisted Programs at the Federal Aviation Administration)
Compliance with Nondiscrimination Requirements. During the performance of this
Lease, the Lessee, for itself, its assignees, and successors in interest (hereinafter referred
to as the "Lessee ") agrees as follows:
_Compliance with Regulations: The Lessee (hereinafter includes consultants) will
comply with The Title VI List of Pertinent Nondiscrimination Statutes and Authorities, as
15
they may be amended from time to time, which are herein incorporated by reference and
made a part of this contract.
Non - discrimination: The Lessee, with regard to the work performed by it during the
Lease, will not discriminate on the grounds of race, color, or national origin in the
selection and retention of subcontractors, including procurements of materials and leases
of equipment. The Lessee will not participate directly or indirectly in the discrimination
prohibited by the Acts and the Regulations, including employment practices when the
Lease covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.
Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations, either by competitive bidding, or negotiation made by
the Lessee for work to be performed under a contract, including procurements of
materials, or leases of equipment, each potential subcontractor contractor or supplier will
be notified by the Lessee of the Lessee's obligations under this contract and the Acts
and the Regulations relative to Non - discrimination on the grounds of race, color, or
national origin.
Information and Reports: Lessee will provide all information and reports required by
the Acts, the Regulations, and directives issued pursuant thereto and will Lease access to
its books, records, accounts, other sources of information, and its facilities as may be
determined by the sponsor or the Federal Aviation Administration to be pertinent to
ascertain compliance with such Acts, Regulations, and instructions. Where any
information required of Lessee is in the exclusive possession of another who fails or
refuses to furnish the information, Lessee will so certify to the sponsor or the Federal
Aviation Administration, as appropriate, and will set forth what efforts it has made to
obtain the information.
Sanctions for Noncompliance: In the event of Lessee's noncompliance with the Non-
discrimination provisions of this Lease, the sponsor will impose such Lease sanctions as
it or the Federal Aviation Administration may determine to be appropriate, including, but
not limited to: withholding payments to the Lessor under the Lease until the Lessee
complies; and /or cancelling, terminating, or suspending the Lease, in whole or in part.
Incorporation of Provisions: The Lessee will include the provisions of paragraphs one
through six in every contract, or sub - contract, including procurements of materials and
leases of equipment, unless exempt by the Acts, the Regulations and directives issued
pursuant thereto.
The Lessee will take action with respect to any subcontract or procurement as the sponsor
or the Federal Aviation Administration may direct as a means of enforcing such
provisions including sanctions for noncompliance. Provided, that if the Lessee becomes
involved in, or is threatened with litigation by a sub - lessee, subcontractor, or supplier
because of such direction, the Lessee may request the sponsor to enter into any litigation
to protect the interests of the sponsor. In addition, the Lessee may request the United
States to enter into the litigation to protect the interests of the United States.
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Title VI List of Pertinent Nondiscrimination Authorities
Source: Appendix E of Appendix 4 of FAA Order 1400.11, Nondiscrimination in
Federally- Assisted Programs at the Federal Aviation Administration). During the
performance of this Lease, the Lessee , for itself, its assignees, and successors in
interest (hereinafter referred to as the Lessee ") agrees to comply with the following non-
discrimination statutes and authorities; including but not limited to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin); 49 CFR part 21
(Non- discrimination in Federally- Assisted Programs of The Department of
Transportation — Effectuation of Title VI of The Civil Rights Act of 1964);
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property
has been acquired because of Federal or Federal -aid programs and projects);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR part 27; The Age
Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
Discrimination on the basis of age);
Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123),as
amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
The Civil Rights Restoration Act of 1987, (PL 100 -209), (Broadened the scope, coverage
and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act
of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of
the terms "programs or activities" to include all of the programs or activities of the
Federal -aid recipients, sub - recipients and contractors, whether such programs or activities
are Federally funded or not);
Titles 11 and III of the Americans with Disabilities Act of 1990, which prohibit
discrimination on the basis of disability in the operation of public entities, public and
private transportation systems, places of public accommodation, and certain testing
entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of transportation
regulations at 49 CFR parts 37 and 38;
The Federal Aviation Administration's Non - discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low - Income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately
high and adverse human health or environmental effects on minority and low- income
populations;
17
Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with
Title VI, you must take reasonable steps to ensure that LEP persons have meaningful
access to your programs (70 Fed. Reg. at 74087 to 74100);
Title IX of the Education Amendments of 1972, as amended, which prohibits
discrimination because of sex in education programs or activities (20 U.S.C. 1681 et se).
Federal Fair Labor Standards Act (Federal Minimum Wage) Source: 29 U.S.C. Sec. 201,
et seq. All contracts and subcontracts that result from this agreement incorporate by
reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act
(FLSA), with the same force and effect as if given in full text. The FLSA sets minimum
wage, overtime pay, recordkeeping, and child labor standards for full and part time
workers.
Occupational Safety and Health Act of 1970 Source: 20 CFR part 1910 All contracts
and subcontracts that result from this Lease agreement incorporate by reference the
requirements of 29 CFR Part 1910 with the same force and effect as if given in full text.
Contractor must provide a work environment that is free from recognized hazards that
may cause death or serious physical harm to the employee. The Lessee retains full
responsibility to monitor its compliance and their subcontractor's compliance with the
applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part
1910). Lessee must address any Claims or disputes that pertain to a referenced
requirement directly with the U.S. Department of Labor — Occupational Safety and
Health Administration.
Governing Law and Venue. The provisions of this Lease shall be governed by and are
intended to be consistent with the laws of the Commonwealth of Virginia. In light of this
express choice of law provision; Virginia Law for determine governing law shall not
apply to the provision of this Lease. Every action brought under or related to this Lease
shall be brought in a Virginia court of competent jurisdiction in the City of Roanoke, or
in the United States District Court for the Western District of Virginia, Roanoke, Virginia
and not elsewhere.
Evidence of Authority to Transact Business in Vir ig nia. Pursuant to 2.2- 4311.2 (A) of
the Code of Virginia (1950), as amended, if the Lessee is organized as a stock or non-
stock corporation, limited liability company, business trust, or limited partnership or
registered as a registered limited liability partnership, the Lease shall provide
documentation acceptable to Commission establishing that the Lessee is authorized to
transact business in the Commonwealth as a domestic or foreign business entity if so
required by Title 13.1 or Title 50 of the Code of Virginia (1950), as amended, or as
otherwise required by law. The Lessee shall not allow its existence or its certificate of
authority or registration to transact business in the Commonwealth to lapse, if so
required under Title 13.1. or Title 50, or to be revoked or cancelled at any time during the
IN
term of the Lease. The Commission may void this Lease if the Lessee fails to remain in
compliance with the provisions of this section.
18. Termination by Commission.
18.1. Default. In addition to the default provisions at Section 19. 1, the happening of
any one or more of the following listed events (hereinafter referred to singly as "event of
default" and plurally as "events of default ") shall constitute a breach of this Agreement on
the part of Lessee:
A. The failure of Lessee to pay any rent or any other amount due and payable under
this Agreement within a period of thirty (30) days after the receipt from Commission of
written notice to pay same;
B. The failure by Lessee to perform any term or terms of this Agreement and the
failure of Lessee to remedy, or undertake to remedy, to Commission's satisfaction, such
failure within a period of thirty (30) days after the receipt from Commission of written
notice to remedy the same;
C. The filing of a voluntary petition in bankruptcy, including a reorganization plan,
making a general or other assignment for the benefit of creditors, the adjudication of
Lessee as bankrupt or the appointment of a receiver for the property or affairs of Lessee
which is not vacated within thirty (30) days after the appointment of such receiver;
D. The abandonment, desertion, vacation or discontinuance of its operation of the
business herein authorized for a period in excess of thirty (30) days; or
E. Violation of any federal, state or local law or ordinance, rule, regulation or order
applicable to Lessee or its operations at the Airport.
18.2. Effect of Default. Upon the happening of any event of default as defined in
paragraph 18.1. above or at any time thereafter during the continuance thereof,
Commission may, at its option, exercise concurrently or successively any one or more of
the following rights and remedies:
A. Without waiving any default, pay any sum required to be paid by Lessee to others
than the Commission and which Lessee has failed to pay, and perform any obligation
required to be performed by Lessee hereunder, and any amounts so paid or expended by
the Commission in fulfilling the obligations of Lessee hereunder with interest thereon at
the prime rate as set forth in the Wall Street Journal on and from the date of such
payment or expenditure, shall be repaid by Lessee to the Commission on demand;
B. To sue for the collection of rents, fees or other amounts for which Lessee may be
in default, for the performance of any other covenant, promise, or agreement devolving
upon Lessee, all without terminating this Agreement or re- entering and gaining
possession of the Premises;
19
C. Upon written notice, terminate this Agreement and the rights of Lessee hereunder;
and /or
D. Exercise any and all additional rights and remedies which the Commission may
have at law or in equity.
18.3. Remedies not exclusive. All rights and remedies provided in this Lease shall be
deemed cumulative and additional and not in lieu of or exclusive of each other or of any
other remedy available to the Commission at law or in equity.
18.4. Waiver. No waiver by Commission of default by Lessee in performance of any
term or terms of this agreement shall be construed to be a waiver of any subsequent
default. The acceptance of rental or the performance of all or any part of this Lease
Agreement by Commission, for or during any period or periods after a default in
performance by Lessee, shall not be deemed a waiver of any right on the part of
Commission to declare a default or terminate this Lease Agreement for a subsequent
breach thereof.
18.5. Acts of God. Neither the Commission nor Lessee shall be liable for any delay or
failure of performance due solely to strikes, fires, acts of God or the public enemy, act of
the government, floods, epidemic, typhoons, quarantine restrictions, freight embargoes or
similar causes beyond their control, provided that the party to this Lease seeking the
benefits of this Section shall have given notice in writing to the other party of such cause
for failure or delay or anticipated delay within twenty (20) days of the date that the party
seeking the benefit of this Section became aware, or reasonably should have become
aware, of the act or conditions which is the cause for failure or anticipated delay and shall
have used its best efforts to fulfill its duties under this Lease as expeditiously as possible
taking such cause for delay or failure into account.
19. Cancellation by Lessee. Lessee shall have the right, upon ten (10) days prior written
notice to Commission, to terminate this Agreement upon the happening of one or more of the
following events, if said event or events shall then be continuing:
A. The issuance by any court of competent jurisdiction of an injunction, order, or
decree preventing or restraining the use by Lessee of all or any substantial part of the
Leased Premises, or preventing or restraining the use of the Airport for normal airport
purposes or the use of any part thereof which may be used by Lessee and which is
necessary for Lessee's operations on the Airport, which remains in force for a period of at
least ninety (90) days;
B. The substantial restriction of or interference with, Lessee's use of the Leased
Premises or a period in excess of ninety (90) days; provided that such restriction or
interference is not due to any fault of Lessee.;
C. The abandonment of the Airport as an airport or airfield;
20
D. The assumption by the United States government, or any authorized agency
thereof, of the operation, control or use of the Airport, or any substantial part or parts
thereof in such manner as to substantially restrict Lessee from operating thereon for a
period of at least ninety (90) days.; or
E. The default by Commission in the performance of any term or terms of this
Agreement and the failure of Commission to remedy such default within a period of
thirty (30) days after the receipt from Lessee of written notice to remedy the same.
19.1 _Events of Default by Lessee. In addition to the default provisions at Section
18. 1, the happening of one or more of the following events, if said event or events shall
then be continuing shall be considered an act of default:
A. If Lessee shall make a general assignment for the benefit of creditors;
B. If Lessee shall file a voluntary petition in bankruptcy or if a petition seeking its
reorganization or the readjustment of its indebtedness under the Federal Bankruptcy laws
or under similar state laws shall be filed by or against Lessee;
C. If an involuntary petition in bankruptcy shall be filed against Lessee and Lessee is
thereafter adjudicated as bankrupt thereunder;
D. If Lessee shall consent to the appointment of a receiver, trustee, or liquidator of
all or substantially all of the property of Lessee;
E. If Lessee shall voluntarily abandon and discontinue its gift and news service at
the Airport for a period of 72 consecutive hours, or if Lessee shall abandon the Leased
Premises for a period of 72 consecutive hours;
F. If Lessee shall fail to pay the rental charges or other money payments required by
this Agreement and such failure shall not be remedied within ten (10) days following
receipt by Lessee of written demand from the Commission to do so;
G. If the service offered by Lessee deteriorates for a period which in the sole opinion
of Commission, reasonably arrived at, materially and adversely affects Lessee's Gross
Revenues and materially falls below the level of service required to be performed and
offered by Lessee, provided that Lessee shall be permitted thirty (30) days within which
to restore service satisfactory to the Commission;
H. Any lien is filed against the Leased Premises because of an act or omission of
Lessee and such lien is not removed, enjoined or a bond for satisfaction of such lien is not
posted within thirty (30) days; or
I. If Lessee shall default in fulfilling any of the other terms, covenants, or conditions
to be fulfilled by it hereunder and shall fail to remedy such default within ten (10)
21
calendar days after written notice by the Commission of the existence of such default, or
if such default cannot with reasonable diligence be cured within a period of ten (10)
calendar days, then upon the failure of Lessee to commence to cure such default within
said ten (10) calendar day period and proceed with due diligence to complete the
remedying of said default.
In the event of an act of default, Commission shall have the right, in addition to and
without prejudice to any other rights and remedies it may have as provided by law, to do
the following: (i) upon mailing of written notice, terminate this Agreement and the
rights of Lessee hereunder; (ii) without waiving any default, pay any sum required
to be paid by Lessee to others than the Commission and which Lessee has failed to pay,
or perform any obligation required to be performed by Lessee hereunder, and any
amounts so paid or expended by the Commission in fulfilling the obligations of Lessee
hereunder plus eighteen percent (18 %) of such amount to cover interest, administrative
costs and expenses, shall be repaid by Lessee to the Commission on demand; (iii) sue for
the collection of fees or other amounts for which Lessee may be in default, or for the
performance of any other covenant, promise, or agreement devolving upon Lessee, or for
damages for Lessee's failure to perform, all without terminating this Agreement or re-
entering and gaining possession of the Leased Premises; (iv) upon twenty -four (24) hours
notice, re -enter and repossess the Premises, either with or without the institution of
summary or any other legal proceedings or otherwise and without diminishing, excusing,
or altering in any way the obligations of Lessee hereunder; (v) retain title to all Leasehold
Improvements constructed by Lessee on the Leased Premises without any reimbursement
or claim for compensation being available to Lessee; or (vi) exercise any and all
additional rights and remedies which the Commission may have at law or in equity.
In the event that Lessee defaults in the performance of any of the terms, conditions or
agreements contained in this Agreement and Commission places the enforcement of all or
part of this Agreement in the hands of its attorney for enforcement, including, without
limitation, filing of a suit upon the same, Lessee agrees to pay all of Commission's
reasonable attorney's fees and costs.
20. Rights and Remedies Cumulative. All rights and remedies which are available by law
or pursuant to this Agreement shall be deemed cumulative and additional and not in lieu of or
exclusive of each other or of any other remedy available to the Commission at law or in equity.
21. Failure to Enforce. The failure by either party to enforce, for any period or periods, any
of the terms, covenants and conditions herein contained, shall not be deemed a waiver of any
rights on the part of either party to enforce said terms, covenants and conditions at a later date,
nor shall any failure by either party to enforce any of the terms of this Agreement be construed to
be or act as a waiver by either party of any subsequent rights so to enforce.
22. Non - Waiver. The payment or acceptance of rentals and fees by the parties hereto for
any period or periods after a default of any of the terms, covenants, and conditions herein
contained to be kept, performed and observed by said parties shall not be deemed as a waiver of
any rights on the part of either of them to terminate this Agreement for any subsequent failure or
22
for the continued failure by the other party so to perform, keep and observe the terms, conditions,
or covenants hereof to be performed, kept and observed by it. No waiver by either party of any
of the terms of this Agreement to be kept, performed, and observed by the other party shall be
construed to be or act as a waiver of any subsequent default on the part of that party.
23. Environmental Concerns. Lessee's Obligation. Lessee shall not cause or permit any
gasoline, oil or hazardous, toxic or dangerous waste, substance or material to be used or placed
on, under, or about the Airport, including the Leased Premises, in violation of this Agreement or
any governmental laws or regulations, or rulings, either federal or state, applicable to
environmental concerns, including, without limitation, the Comprehensive Environmental
Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the
Toxic Substances Control Act and the Clean Water Act. In the event Lessee becomes aware that
any gasoline, oil or hazardous, toxic or dangerous waste, substance or material has been used or
placed by it or its agents, servants, contractors or employees on the Airport, including the Leased
Premises, in violation of any such governmental law, regulation or ruling, Lessee shall
immediately notify the Commission in writing of such fact, and if such occurrence results from
a breach by Lessee of its obligations hereunder, Lessee shall, at Lessee's expense, take such
remedial action as is necessary to correct any such violation, remove from the Airport such
substances and materials giving rise to any such violation, and take such action as is necessary to
prevent a recurrence of such violation.
24. General Provisions:
24.1 Invalid Provisions: It is expressly understood and, agreed by and between the
parties hereto that in the event any covenant, condition, or provision herein contained is
held to be invalid, the invalidity of any such covenant, condition, or provision shall in no
way affect any other covenant, condition, or provision herein contained; provided,
however, that the invalidity of any such covenant, condition, or provision does not
materially prejudice either the Commission or Lessee in its respective rights and
obligations contained in the valid covenants, conditions or provisions of the Agreement.
24.2 Waiver of Claim. Lessee hereby waives any claim against the Commission and
its officials, officers., agents, or employees for loss of anticipated profits caused by any
suit or proceeding directly or indirectly attacking the validity of this Agreement or any
part thereof, or by any judgment or award in any suit or proceeding declaring this
Agreement null, void or voidable or delaying the same or any part thereof.
24.3. No Warranties or Inducements. By executing this Agreement, Lessee
acknowledges that the Commission does not warrant the validity of any information that
may have been furnished to Lessee concerning, amounts of square footage, or
maintenance and operation cost rates or totals, and that Commission has not intended to
provide or warrant any forecast of maintenance and operation costs rates or totals, that
such information as the commission has furnished with respect to these and other matters
has been intended merely as once source of information available for consideration by
Lessee, which Lessee has been encouraged to verify through its own investigation; that in
23
these negotiations, Lessee has relied upon its own resources as to all of these matters;
and that it has not relied upon any inducements or forecasts of the Commission.
24.4. Restrictions and Regulations. The operations conducted by Lessee pursuant to
this Agreement shall be subject to, and Lessee acknowledges and agrees that it shall
comply with the following:
A. Any and all applicable rules, regulations, orders and restrictions which are now in
force or which may be adopted hereafter by Commission with respect to the operation of
the Airport.
B. Any and all orders, directions or conditions issued, given or imposed by
Commission with respect to the use of roadways, driveways, curbs, sidewalks, parking
area, or public areas on the Airport; and
C. Any and all applicable laws, ordinances, rules, statutes, regulations or orders,
including, but not limited to, environmental statutes, health regulations, regulations, or
orders of any federal, state or municipal governmental authority awfully exercising
authority over the Airport or Lessee's operations.
Commission shall not be liable to Lessee for any diminution or deprivation of Lessee's
right hereunder on account of the exercise of any such authority, nor except as elsewhere
expressly provided in this agreement, shall Lessee be entitled to terminate the whole or
any portion of the Agreement by reason thereof unless the exercise of such authority shall
so interfere with Lessee's use and enjoyment of the Leased Premises as to constitute a
termination of this Agreement by operation of law in accordance with the laws of the
Commonwealth of Virginia.
24.5 Interpretation. This Agreement and every question arising under it shall be
construed according to its fair meaning in accordance with the Laws of the
Commonwealth of Virginia. This Agreement be construed and interpreted without regard
to the identity of the party which drafted its various provisions. Every provision of this
document shall be construed as if all parties participated equally in the drafting of that
provision. Any legal principle or rule of construction that indicates that this document is
to be construed or interpreted against the drafting party shall not be applicable in any
legal or other proceeding involving the provision of this Agreement. Nothing in this
Agreement shall be construed or interpreted in any manner whatsoever as limiting,
relinquishing, or waiving of any rights of ownership enjoyed by the Commission in the
Airport property or in any manner waiving or limiting its control over the operation or
maintenance of Airport property or in derogation of such governmental rights as the
Commission possesses, except as is specifically provided for herein.
24.6. Successor and Assigns Bound by Covenant. Subject to the limitation on
Lessee's subcontracting and assigning its rights under this Agreement, all covenants,
stipulations and agreements in this Agreement shall extend to and bind legal
24
representatives, successors and assigns including successors -in- interest by merger and
consolidation of the respective parties hereto.
24.7. No Partnership Created. No agency, partnership, or joint venture relationship
between the parties hereto is intended or shall be deemed to be created by this
Agreement, and Lessee shall not be made the agent or representative of the Commission
for any purpose or in any manner whatsoever.
24.8. Lessee is Independent Operator. It is expressly understood and agreed by and
between the parties hereto that the Lessee is and shall remain an independent operator
responsible to all parties for all of its acts or omissions and the Commission shall be in no
way responsible for Lessee's acts or omissions.
24.9 Governing Law and Venue. The provisions of this Agreement shall be
governed by and are intended to be consistent with the laws of the Commonwealth of
Virginia. In light of this express choice of law provision, Virginia law for determining
governing law shall not apply to the provisions of this Contract. Every action brought
under or related to this Contract shall be brought in a Virginia court of competent
jurisdiction in the City of Roanoke pm om the United States District Court for the
Western District of Virginia and not elsewhere.
24.10. Force Maieure. Neither party hereto shall be liable to the other for any failure,
delay or interruption in the performance of any of the terms, covenants, or conditions of
this Agreement due to causes beyond the control of that party, including, but not limited
to, strikes, boycotts, labor disputes, shortages of materials, acts of God, acts of the public
enemy, acts of superior governmental authority, weather conditions, floods, riots,
rebellion, sabotage, war, terrorism or other circumstances for which such party is not
responsible or which are not in its power to control, provided, however, that in any event
Lessee shall not be relieved of its obligation to pay the monthly rental except as
expressly provided in Sec. 4.1 above.
24.11. Quiet Enioyment. The Commission agrees that Lessee upon payment of all fees,
charges and other payments required under the terms of this Agreement and observing
and keeping the conditions and covenants of this Agreement on its part to be observed
and kept, shall lawfully acquire and hold, use and enjoy the Leased Premises during the
term of this Agreement.
24.12. Lessee's Dealings with Commission. Whenever in this Agreement, the Lessee is
required or permitted to obtain the approval of, consult with, give notice to, or otherwise
deal with the Commission, the Lessee shall deal with the Commission's authorized
representative; and unless or until the Commission shall give Lessee written notice to the
contrary, the Commission's authorized representative shall be the Executive Director.
24.13. Memorandum of Lease in Lieu of Recording. The parties agree that either
desire that adequate legal notice of this Agreement be given on the public records of the
City of Roanoke, the other will agree to the execution of a memorandum of this
PAI
Agreement containing a sufficient description of the parties, the Leased Premises and
term of this Agreement to comply with the minimum requirements for the giving of such
notice.
24.14. Notices. Any notice or other communication from either party to the other
pursuant to this Agreement shall be deemed so sufficiently given or communicated if sent
by certified mail or overnight express carrier, return receipt requested, postage prepaid,
addressed to the party for whom intended at the following addresses:
For Lessee:
City of Roanoke, Virginia
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Attention: Robert Cowell, Jr., City Manager
For Commission:
Roanoke Regional Airport Commission,
5202 Aviation Drive
Roanoke, VA 24012
Attn: Tim Bradshaw, A.A.E., Executive Director
24.15. No Personal Liability. No member, director, officer, agent or employee of either
party shall be charged personally or held contractually liable by or to the other party
under any terms or provision of this Agreement or because of its or their execution or
attempted execution of such Agreement.
24.16. Incorporation of Exhibits. All Exhibits referred to herein, or provisions of other
agreements or documents, which may, from time to time, be referred to herein or in any
duly executed amendment hereto are (and with respect to future amendment, shall be) by
such reference incorporated herein and shall be deemed a part of this Agreement as fully
as if set forth herein. Exhibits attached hereto represent the documents of the
Commission as of the date of said Exhibits. The Commission reserves the right to make
changes in said documents from time to time or anytime as it in its sole determination
may find appropriate, except that changes to Leased Premises may only be made with the
prior written consent of Lessee.
24.17. Headings. The article and paragraph headings are inserted only as a matter of
convenience and for reference and in no way define, limit or describe the scope or intent
of any provisions of this Agreement.
24.18. Severability. If one or more clauses, sections, or provisions of the Agreement
shall be held to be unlawful, invalid, or unenforceable, it is agreed that the remainder of
the Agreement shall not be affected thereby.
26
24.19. Entire Agreement. This agreement contains all the agreements and conditions
made between the parties hereto with respect to the matters contained herein and may not
be modified orally or in any other manner than by agreement in writing, signed by both
parties or their authorized successors.
[SIGNATURE PAGE FOLLOWS]
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
27
IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year
first above written:
CITY OF ROANOKE, VIRGINIA
:S
Robert S. Cowell, Jr.
City Manager
Approved as to form:
Assistant City Attorney
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
Attest:
Utz
Stephanie Moon - Reynolds
City Clerk
Approved as to execution:
Assistant City Attorney
To -wit:
The foregoing instrument was acknowledged before me this day of
201_, by Robert S. Cowell, Jr., the City Manager for the City of
Roanoke, Virginia, for and on behalf of the City of Roanoke, Virginia.
My Commission expires:
Registration No.
28
Notary Public
ROANOKE REGIONAL AIRPORT COMMISSION
IM
Tim Bradshaw, A.A.E.
Executive Director
Approved for legal form
Harwell M. Darby, Jr.
General Counsel
Roanoke Regional Airport Commission
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
Attest:
By: _
To -wit:
Cathy Bowman
Commission Secretary
The foregoing instrument was acknowledged before me this day of
201_, by Tim Bradshaw, A.A.E., Executive Director for the
Roanoke Regional Airport Commission.
My Commission expires:
Registration No.
29
Notary Public
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Exhibit "A-1"
Leased Premises
Exhibit "A-2"
Interior
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Exhibit "B"
31
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D
Maintenance and Operating Responsibilities
Regarding Building 21
Task
Responsible
Party
I Building and Facility Maintenance
A.
Structural and Exterior Items — Including roof, foundation; exterior
walls; exterior trim, window systems and frames; exterior doors and
frames; and except as otherwise specified below, utility systems and
mechanical equipment including the heating and air conditioning
systems serving the leased premises. All common and exterior areas
including, the parking lot, its common driveways, sidewalks, loading
Airport
B.
Leased Premises Interior Maintenance and Repairs other than structural:
1.
Fire extinguishers/hoses
Airport
2.
Fire alarm andsprinkler system
Airport
3.
Flooring
Lessee
4.
Carpeting
Lessee
5.
Ceiling
Lessee
6.
Interior walls
Lessee
7.
Interior column surface
Lessee
8.
Window glass breakage
Lessee
9.
Doors, door j ambs
Lessee
10.
Overhead door /gate and operating systems
Lessee
11.
Door handles
Lessee
12.
Airport installed locks and keys
Airport
13.
Lessee shall not install any locks, keys and cipher locks
Lessee
14.
Plumbing fixtures (sinks, toilets, drains, grease traps, pipes,
and faucets
Lessee
15.
Window Treatments and Window Blinds
Lessee
16. Painting/wall covering
Lessee
17. Alterations & Improvements See note #1 below
Lessee
C. Computerized Access Security System
Airport
D.
Janitorial Services within Leased Premises
Lessee
E.
Ar
Refuse Removal from Leased Premises to Commission compactor
Lessee
F.
Pest Control
Lessee
II ELECTRICAL
32
A.
Bulb and tube replacement
Lessee
B.
Outlet and receptacles
Lessee
C.
Consumption — in line meters
Lessee
D. System maintenance — including fixtures, ballasts, wiring inside the Leased
Prpmkpq
Lessee
E.
Fire Exit Signs /fixtures inside Premises (see note #2 below)
Airport
F.
System Expansion or modifications for benefit of Lessee
Lessee
III Water
A.
Supply to Leased Premises
Airport
B.
System maintenance to the Leased Premises
Airport
C.
Lines within Leased Premises
Lessee
D.
Modifications or expansion to benefit of Lessee
Lessee
IV
Sewer ( see note #3 below)
A.
Sanitary within Leased Premises
Lessee
B.
Sanitary beyond Leased Premises (see Note 3)
Airport
C.
Storm drain (see note #4 below)
Airport
V Telephone and Communication Service
A. Phones
Lessee
B. Existing phone service lines from outside to mechanical room
Airport
henefit
C. New phone service lines from outside to mechanical room installed for
Lessee
D. Phone lines from mechanical room to leased premises
Lessee
33
E. Lessee's internal /corporate communications
Lessee
VI Air Conditioning and /or Ventilation System (see note #6 below)
A. System Maintenance
Airport
B. System Operations
Airport
C. Cleaning of air vents and returns
Lessee
D. Exhaust hoods and ventilation fans
Lessee
E. Modifications or expansion to benefit Lessee
Lessee
VII Heating System (See note #6 below)
A. System Maintenance
Airport
B. System Operations
Airport
C. Modifications or expansion to benefit Lessee
Lessee
Note #1: All such alterations and improvements shall first be approved by Airport, who
shall consider the ongoing maintenance costs, if any, when making its decision.
Note #2: Lessee shall advise Owner immediately if the Fire Exit sign is not operational.
Note #3: Lessee shall be responsible for keeping all grease traps cleaned and plumbing
free of debris, grease and other obstructions. In the event that Lessee shall fail to adequately
provide such maintenance, and lines within and /or beyond premises become clogged and /or
water damage occurs, then Lessee shall be responsible for the full cost of necessary clean up and
damage repair.
Note #4: Lessee shall be responsible for adopting and using Best management Practices and
for complying with Owner's SWPP, applicable Pollution and Elimination Discharge Lease
and SPCC.
34
Note #5: Lessee shall be responsible for all costs of any new or phone /communications system
that it desires to have installed, with such systems to be located in areas as agreed by Owner.
Note #6: M & O will be performed to the extent applicable to the HVAC equipment installed in
Lessee's premises.
Note #7: The above chart is intended to identify the maintenance tasks and responsibilities
for systems as they currently exist. The costs to modify, replace, or expand systems and
equipment for the benefit of Lessee shall be the responsibility of the Lessee and may
include the costs of maintenance thereafter.
35
Exhibit "C"
Incoming ACH/Wire Transfer Instructions
for (Domestic and Foreign)
kro
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of December, 2018.
No. 41338 - 121718.
AN ORDINANCE authorizing the City Manager to execute Amendment No. 1 to the
Contract for Purchase and Sale of Real Property, dated June 19, 2018 (the "Contract ") between
the City of Roanoke, Virginia (the "City "), and Old School Partners I1, LLC, a Virginia limited
liability company ( "Buyer "), to sell to the Buyer certain real property located at 13 Church
Avenue, S.E., consisting of approximately 0.2037 acres, together with all improvements thereon
consisting of Historic Fire Station No. 1 ( "Building "), designated as Official Tax Map No.
4011706 (the "Property "), for the development of the Property and Building by Buyer to include
some combination of retail, light manufacturing (workshop, maker space, studio), and hospitality
uses limited to hotel rooms, a tasting room, and Live Entertainment ( "Project "), to amend certain
terms of the Contract to extend the Due Diligence Period, as defined in the Contract, and the
Closing Date, as defined in the Contract; authorizing the City Manager to execute such further
documents and take such further actions as may be necessary to accomplish the above matters;
and dispensing with the second reading of this Ordinance by title.
WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 41176 - 061818,
adopted on June 18, 2018, in which Council approved the terms of a Contract between the City
and the Buyer, pursuant to which Contract the City agreed to sell City -owned property located at
13 Church Avenue, S.E., consisting of approximately 0.2037 acres, together with all
improvements thereon, designated as Official Tax Map No. 4011706;
WHEREAS, the City and Buyer executed the Contract which was dated June 19, 2018;
2019;
WHEREAS, under the terms of the Contract, the Closing Date is on or before January 25,
WHEREAS, Buyer has requested an extension of the Due Diligence Period, as defined in
the Contract, and the Closing Date, as defined in the Contract, to complete its due diligence and
inspections and to allow VDHR sufficient time to finalize the terms and conditions of the
preservation easement, in form and substance acceptable to Seller and Buyer; and
WHEREAS, Buyer and Seller desire to amend the Contract to address these matters in
accordance with the terms of this Amendment No. 1.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. City Council hereby approves the terms of Amendment No. 1 to the Contract as
set forth in the City Council Agenda Report dated December 17, 2018, which Amendment No. 1
amends the Contract approved by City Council by Ordinance No. 41176- 061818, adopted on
June 18, 2018, and provides for certain undertakings and obligations by the Buyer and City.
2. The City Manager is hereby authorized on behalf of the City to execute
Amendment No. 1 to the Contract, to amend certain terms of the Contract to extend the Due
Diligence Period to April 29, 2019, to extend the Closing Date to prior to May 31, 2019, and to
make other minor amendments to the Contract, all as set forth in the aforementioned City
Council Agenda Report. Amendment No. 1 to the Contract is to be substantially similar to the
Amendment No. 1 attached to the Agenda Report.
3. The City Manager is further authorized on behalf of the City to negotiate and
execute such further documents and take such further actions related to this matter and as may be
necessary to implement, administer, and enforce the conditions and obligations that must be met
by the Buyer pursuant to the Contract and Amendment No. 1.
2
4. The form of the documents referred to above and in the Agenda Report are to be
approved by the City Attorney.
5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this Ordinance by title is hereby dispensed with.
ATTEST:
#tUV--L-I Uh V .
C
,. COUNCIL AGENDA REPORT
�F
To: Honorable Mayor and Members of City Council
Meeting: December 17, 2018
Subject: Amendment of Contract for Purchase and Sale of Real Property
between the City of Roanoke and Old School Partners II, LLC
Background:
Old School Partners II, LLC (Buyer) executed a Contract for Purchase and Sale of
Real Property (Contract) with the City of Roanoke (City) effective .June 19, 2018,
whereby the City agreed to sell approximately 0.2037 acres, together with
buildings and improvements thereon (Building), being a portion of property
located at 13 Church Avenue, S.E., Official Tax Map #4011706 (Property) to
Buyer for the development of the Property and Building by Buyer to include
some combination of retail, light manufacturing (workshop, maker space,
studio), and hospitality uses limited to hotel rooms, a tasting room, and Live
Entertainment (Project). The terms of this Contract provided for a due diligence
period of 180 days, with two extensions, and a closing date no later than
.January 25, 2019. At the request of Buyer, the City is seeking approval to
extend the due diligence period to April 29, 2019, and to extend the closing
date to no later than May 31, 2019.
Under the Contract, Seller agreed to sell, and Buyer agreed to purchase, the
Property as defined therein, for the sum of $100, together with other
considerations, including the creation of a perpetual preservation easement
with respect to Historic Fire Station No. 1 situated on the Property. Buyer
notified the City that Buyer has been negotiating with the Virginia Department
of Historic Resources (VDHR) with respect to the specific terms and conditions
of the perpetual preservation easement, and VDHR has advised Buyer that final
approval of the preservation easement will not occur until Spring 2019. Buyer
has requested an extension of the Due Diligence Period, as defined in the
Contract, and the Closing Date, as defined in the Contract, to complete its due
diligence and inspections and to allow VDHR sufficient time to finalize the
terms and conditions of the preservation easement, in form and substance
acceptable to Seller and Buyer. Buyer and the City also requested some minor
changes to the Contract.
Recommended Action:
Adopt the attached ordinance authorizing the City Manager to execute an
Amendment No. 1 of the Contract between Old School Partners II, LLC and the
City of Roanoke, substantially similar to the Amendment No. 1 attached to this
Report, with an extended due diligence period to April 29, 2019, extend the
closing date to no later than May 31, 2019, and make such other amendments
to the Contract that are set forth in the proposed Amendment No. 1. All
documents e s bject to approval as to form by the City Attorney.
Robert S. Cowell, Jr.
City Manager
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community
Development
Rob Ledger, Acting Director of Economic Development
Amelia C. Merchant, Director of Finance
Laura M. Carini, Assistant City Attorney
AMENDMENT NO. 1
CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY
DATED JUNE 19, 2018, BETWEEN
CITY OF ROANOKE, VIRGINIA AND OLD SCHOOL PARTNERS II, LLC
This Amendment No. 1, to the Contract for Purchase and Sale of Real Property dated June
18, 2018, between the City of Roanoke, Virginia, a Virginia municipal corporation ( "Seller" or
"City "), and Old School Partners I1, LLC, a Virginia limited liability company ( "Buyer ")
( "Amendment No. 1") is made this day of December, 2018, by and between Seller and Buyer.
RECITALS:
A. Seller and Buyer entered into a Contract for Purchase and Sale of Real Property
dated June 18, 2018 ( "Contract') under which Contract Seller agreed to sell, and Buyer agreed to
purchase, the Property as defined therein, for the sum of $100, together with other considerations,
including the creation of a perpetual preservation easement with respect to Historic Fire Station
No. 1 situated on the Property.
B. Under the terms of the Contract, the Closing Date is on or before January 25, 2019.
C. Buyer has been negotiating with the Virginia Department of Historic Resources
( "VDHR ") with respect to the specific terms and conditions of the perpetual preservation easement
and VHDR has advised Buyer that final approval of the preservation easement will not occur until
Spring 2019.
D. Buyer has requested an extension of the Due Diligence Period, as defined in the
Contract, and the Closing Date, as defined in the Contract, to complete its due diligence and
inspections and to allow VDHR sufficient time to finalize the terms and conditions of the
preservation easement, in form and substance acceptable to Seller and Buyer.
E. Buyer has also informed Seller that David B. Spigle desires to become a Member
of Buyer, subject to the terms and conditions of the Contract.
F. Buyer and Seller desire to amend the Contract to address these matters in
accordance with the terms of this Amendment No. 1 ( "Amendment No. 1 ").
NOW, THEREFORE, based upon the mutual covenants and agreements set forth in the
Recitals which are incorporated as a part of this Amendment No. 1, and for other good and valuable
consideration, the sufficiency of which the parties acknowledge, Seller and Buyer agree as follows:
Amendments to Contract.
Seller and Buyer hereby amend the Contract as follows:
A. SECTION 1. DEFINITIONS
1. The definition of Due Diligence Period is amended by deleting the
definition as it appears in the Contract and replacing it with the
following:
Due Diligence Period: A period of time commencing upon the full
execution of this Contract by all parties and expiring on April 29,
2019.
2. The definition of Members is amended by adding to the end of the
definition, the following:
Prior to Closing, David B. Spigle shall also be a Member, subject to
all terms and conditions of this Contract.
B. SECTION 3. CONDITIONS PRIOR TO CLOSING.
Section 3. F. of the Contract is amended by deleting the periods of
sixty (60) Days and one hundred eighty (180) Days and replacing
the periods with thirty (30) Days.
C. SECTION 4. BUYER'S AND SELLER'S OBLIGATIONS.
Section 4.B.4. is amended by deleting the webpage address set forth
therein and inserting the following webpage address in its place:
http://,Aww.bizroanoke.com/ Start,- Locate, - Expand /incentive-
Programs /Enterprise- Zone - Program.aspx
D. SECTION 11. TITLE AND CLOSING.
Section 11.C. is amended by deleting the date of January 25, 2019,
and inserting May 31, 2019, in its place.
E. SECTION 18. RIGHT OF ENTRY AND DUE DILIGENCE PERIOD.
Section 18. A. is amended by deleting the section in its entirety and
inserting the following section in its place:
A. Buyer shall have the Due Diligence Period to complete Buyer's
due diligence review of the Property to determine if there are
any issues that would prevent the Buyer's use of the Property
and to obtain all Permits and Approvals Buyer deems necessary
or appropriate for the construction of the Project. Should Buyer
determine during such Due Diligence Period that it is not
2
satisfied with the Property or any characteristics thereof for any
reason whatsoever, in Buyer's sole and absolute discretion,
Buyer may terminate this Contract by notifying the Seller in
writing as soon as possible, but no later than ten (10) Days after
the end of such Due Diligence Period, of Buyer's decision to
terminate the Contract. In such case, this Contract shall
thereupon be terminated and of no further force and effect,
unless Seller and Buyer mutually agree to modify this Contract
to address any such issues.
2. Entire Agreement.
The Contract, as amended by this Amendment No. 1, constitutes the entire
agreement between the parties. The Contract, as amended by Amendment No. 1, remains in full
force and effect.
SIGNATURES APPEAR ON FOLLOWING PAGES
3
IN WITNESS WHEREOF, Buyer and Seller have executed this Amendment No. I by their
authorized representatives effective as of the date first above written.
WITNESS:
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE, to -wit:
CITY OF ROANOKE, VIRGINIA
By
Robert S. Cowell, Jr., City Manager
The foregoing instrument was acknowledged before me this day of December, 2018, by
Robert S. Cowell, Jr., City Manager for the City of Roanoke, Virginia, a Virginia Municipal
Corporation, for and on behalf of said municipal corporation.
My commission expires:
Notary Public
SEAL
WITNESS: OLD SCHOOL PARTNERS II, LLC
By
David P. Hill, Managing Member
COMMONWEALTH OF VIRGINIA:
CITY OF ROANOKE, to -wit:
The foregoing instrument was acknowledged before me this day of December, 2018, by
David P. Hill, the managing member of Old School Partners II, LLC, a Virginia limited liability
company, for and on behalf of Old School Partners II, LLC.
My commission expires:
Approved as to Form:
Assistant City Attorney
Authorized by Ordinance No
Notary Public
Approved as to Execution:
Assistant City Attorney
[.9IL\Il
4
STENIIAN1E M. MOON REYNOLDS, MMC
City Clerk
Husain B. Alam
Owner and President
Alam Design Group
1360 Roanoke Road
Daleville, Virginia 24083
Dear Mr. Alam:
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: cicrk(d),roanokeva.gov
December 19, 2018
CECELIA F. MCCOY
Deputy City Clerk
CECELIA T. WEBB, CMC
Assistant Deputy City Clerk
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, a public hearing has been advertised for Monday,
December 17, 2018, at 7:00 p.m., or as soon thereafter as the matter may be heard, in
the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., on your request to rezone property located at 3162 Williamson
Road, N. W., from Commercial- Neighborhood District, to Commercial - General District,
with conditions.
At the regular meeting of the City Planning Commission held on Monday, December 10,
2018, your request was continued until its next meeting scheduled on Monday,
January 14, 2019.
Due to there being no recommendation to the Council regarding the abovementioned
rezoning, please be advised that City Council currently has no jurisdiction regarding the
matter, and therefore no action was taken by the Council at its December 17th meeting.
Sincerely,
Stephanie M. Moon Reynotrfs
City Clerk
pc: Yousseff Melki, 140 Cedar Bluff Drive, Christiansburg, Virginia 24073
Grant Jonathan Payne and Wesley Atkins, 2903 Huntington Boulevard, N. W.,
Roanoke, Virginia 24012
Current Resident, 3002 Rosalind Avenue, S. W., Roanoke, Virginia 24014
Husain B. Alam
Owner and President
Alam Design Group
December 19, 2018
Page 2
pc: Karen L. Bastian, 3159 Round Hill Avenue, N. W., Roanoke, Virginia 24012
Jennifer L. Ehalt, 3153 Round Hill Avenue, N. W., Roanoke, Virginia 24012
C B & D, LLC, 270 Rawson Road, Sharpsburg, Georgia 30277
Williamson Road, LLC, P. O. Box 12068, Roanoke, Virginia 24022
Realty Income Properties 13, LLC, P. O. Box 1017, Charlotte,
Carolina 28201
Roanoke Holdings, LLC, 3440 Preston Ridge Road, 500
Alpharetta, Georgia 30005
Daniel J. Callaghan, City Attorney
Timothy Spencer, Senior Assistant Attorney
Susan Lower, Director of Real Estate Valuation
Luke Pugh, City Engineer
Katherine Gray, City Planner II
Tina Carr, Secretary, City Planning Commission
North
Suite,
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of December, 2018.
No. 41340 - 121718.
AN ORDINANCE amending and reordaining Section 32- 103.2, Williamson Road area
service district defined, Division 7, Williamson Road Area Service District, Article II, Real
Estate Taxes Generally, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as
amended, to amend the definition of the Williamson Road Area Service District ( "Service
District ") to expand the Service District; providing for an effective date; and dispensing with the
second reading of this ordinance by title.
WHEREAS, the Service District was established by Ordinance No. 31472, adopted by
Roanoke City Council on May 24, 1993, and as the Service District was amended by Ordinance
No. 41266- 091718, adopted by Roanoke City Council on September 17, 2018, which expanded
the Service District by the inclusion of additional parcels of real estate; and
WHEREAS, as a result of the consolidation of several parcels of real estate owned by
Star City Lodging, LLC, into two parcels now designated as Official Tax Map Nos. 3020203 and
3020207, the City desires to further amend the boundaries of the Service District to include all of
the newly consolidated parcel bearing Official Tax Map No. 3020203 (the "Additional Parcel ")
within the Service District, as further set forth in the Roanoke City Attorney's letter to City
Council dated December 17, 2018.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 32- 103.2, Williamson Road area service district defined, Division 7,
Williamson Road Area Service District, Article II, Real Estate Taxes Generally, of Chapter 32,
Ordinance - Williamson Road Service District.( 11.19.18).doc
Taxation, of the Code of the City of Roanoke (1979), as amended, is hereby amended and
reordained to read and provide as follows:
Sec. 32- 103.2. - Williamson Road area service district defined.
(a) The location and boundaries of the Williamson Road Area Service District
established by this chapter shall be defined to include the area shown as
designated on a map entitled "Official Map of Williamson Road Area
Service District" effective July 1, 2019, designated as Project Number 6860_
1, prepared by and maintained in electronic format by the office of the city
engineer, a copy of which is on file and available for public inspection in the
office of the city engineer, Room 350, 215 Church Avenue, Roanoke,
Virginia, and on the City of Roanoke's Real Estate GIS website.
(b) References to street names and official tax numbers set out in the description
referred to in subsection (a) of this section are based upon Roanoke City
Official Appraisal Maps as of March 26, 1986.
(c) Public utility facilities in or above the public right -of -way, such as poles,
lights, wire, cable, conduit and piping, and railroad right -of -way and track
shall not be included within the Williamson Road Area Service District or
subject to the tax imposed by this division.
2. This ordinance shall be in full force and effect upon July 1, 2019.
3. 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.
Ordinance - Williamson Road Service District.( 1 1.19.18).doc
Daniel J. Callaghan
City Attorney
The Honorable Mayor
and Members of City Council
Roanoke, Virginia
CITY OF ROANOKE
OFFICE OF THE CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011 -1595
TELEPHONE 540 - 853 -2431
FAX 540. 853.1221
EMAIL: cityatty @roanokeva.gov
December 17, 2018
Timothy R. Spencer
David L. Collins
Heather P. Ferguson
Laura M. Carini
Douglas P. Barber, Jr.
Assistant City Attorneys
Re: Amend and Re- ordain Section 32- 103.2, Williamson Road area
service district defined, of the Code of the City of Roanoke (1979), as
amended, to expand the Williamson Road Area Service District
Dear Mayor Lea and Members of Council:
Background:
Pursuant to Section 15.2 -2400, Code of Virginia (1950) as amended, localities are authorized to create
special service districts for the purpose of providing additional and more timely governmental benefits
to the properties and businesses located within the service district. These additional benefits include,
and are not limited to, beautification, landscaping, garbage disposal, economic development services,
and promotion of business and retail services. The City currently has two service districts, the
Downtown Service District and the Williamson Road Area Service District. These additional benefits
are paid for by a special tax on real property located within the districts, currently in the amount of
$0.10 per every one hundred dollar of tax assessed value.
By Ordinance No. 41266- 091718, adopted by Roanoke City Council on September 17, 2018, City
Council most recently expanded the Williamson Road Area Service District ( "District ") by amending
Section 32 -103.2 of the City Code, to expand the District to include two parcels that were not
previously contained within the District, at the request of the property owner. Since that time, another
property owner, Star City Lodging, LLC, the owner of several parcels of real estate located along
Williamson Road, has consolidated those parcels into two parcels now designated as Official Tax Map
Nos. 3020203 and 3020207. As a result of the consolidation, all of the parcel being Official Tax Map
No. 3020207, and only a portion of the parcel bearing Official Tax Map No. 3020203, are within the
District. The City desires to amend the boundaries of the District to include all of the newly
consolidated parcel bearing Official Tax Map No. 3030203 within the District. This amendment will
avoid creating a `split' property for real estate tax purposes. The property owner is aware of this
proposal and does not object to such action.
Considerations:
Council authorized a public hearing for December 17, 2018, to amend the Williamson Road Area
Service District and notice of the public hearing has been published in The Roanoke Times once a
week for three consecutive weeks, as required by State Code.
Recommended Action:
Conduct the public hearing and, after consideration of comments received at the public hearing, adopt
the attached ordinance amending and reordaining Section 32- 103.2, Williamson Road area service
district defined, Division 7, Williamson Road Area Service District, Article II, Real Estate Taxes
Generally, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, to amend
the definition of the Williamson Road Area Service District; and provide for an effective date of July
1, 2019.
Sincerely,
Daniel J. Cal ghan
City Attorney
DJC /lsc
c: Robert M. Cowell, Jr., City Manager
Sherman M. Stovall, Assistant City Manager for Operations
R. Brian Townsend, Assistant City Manager
for Community Development
Evelyn Powers, City Treasurer
Sherman Holland, Commissioner of Revenue
Jill Caldwell, Tax Compliance Officer
Susan Lower, Director of Real Estate Valuation
Christopher Chittum, Director, Department of Planning, Building and Development
David L. Collins, Assistant City Attorney
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
SHERMAN M STOVALL, ASSISTANT CITY MGR
C /O: R. Brian Townsend, Assistant City Manager
for Community Development
456 NOEL C. TAYLOR MUNICIPAL BLDG
215 CHURCH AVENUE SW
ROANOKE, VA 24011
Account Number
6017304
Date
December 10, 2018
Date Category Description Ad Size Total Cost
12/10/2018 Legal Notices NOTICE OF PUBLIC HEARING The City of Roanoke will hold 1 x 77 L 1,123.36
1111 a all .1g14D _;f13L`L
The City of Roanoke will hold a
public hearing to consider an
amendment to the boundary of the
Williamson Road Area Service District
(the "District-) as described in Section
32- 103.2, Williamson Road Area Service
d
District efined' of the Code of the City
of Roanoke (1979), as amended. The
proposal is to expand the boundary of
the District to include all of the
property situated at 1303 Williamson
Road, N.E. bearing Official Tax Map No.
3020203, (the "Consolidated Parcel ").
within the District. If the proposal is
approved by City Council, the entire
Consolidated Parcel will be subject to
the levy and collection of the additional
annual real property tax, imposed on
all properties in the District, in the
amount of ten cents ($.10) per one
hundred dollars ($100.00) of assessed
valuation.
The Consolidated Parcel is
described as a parcel of real estate
located at 1303 Williamson Road, N.E.,
designated as Official Tax Map No.
3020203, containing 2.0923 acres, more
or less.
Copies of the proposed ordinance
and plat depicting the current and
proposed boundaries of the District are
available for review in the City Clerk's
Office, Room 456, Noel C. Taylor
Municipal Building, 215 Church Avenue,
S-W., Roanoke, Virginia, on and after
November 26,2018-
Pursuant to Sections 58.1 -3007 and
15.2 -2400 of the Code of Virginia (1950),
as amended, notice is hereby given
that the City Council of the City of
Roanoke will hold a public hearing on
the above matter at its regular meeting
to be held on Monday, December 17,
2018, commencing at 7:00 p-m., or as
soon thereafter as the matter may be
heard, in the Council Chamber, 4th
Floor, Noel C. Taylor Municipal
Building, 215 Church Avenue, S-W.,
Roanoke, Virginia 24011. Citizens shall
have the opportunity to be heard and
express their opinions on said matter.
Further information is available from
the City Clerk's Office at (540) 853-
2541.
If you are a person with a disability
who needs accommodations for this
hearing, please contact the City Clerk's
Office at (540) 853 -2541, before 12:00
Noon on Thursday, December 13, 2018.
GIVEN under my hand this 26th day of
November 2018.
Stephanie M. Moon Reynolds, MMC
City Clerk
(848818)
Publisher of the
Roanoke Times
I, (the undersigned) an authorized representative of the
Roanoke Times, a daily newspaper published in Roanoke, in the
State of Virginia, do certify that the annexed notice NOTICE OF
PUBLIC HEARING was published in said newspapers on the
following dates:
11/26, 12/03, 12/10/2018
The First insertion being given ... 11/26/2018
Newspaper reference: 0000848818
Billing Rep sentative
Sworn to and subscribed before me this Monday, December 10, 2018
State
City /County of Roanoke
My Commission expires
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THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU %ia',Tli� (`ins`
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NOTICE OF PUBLIC HEARING
The City of Roanoke will hold a public hearing to consider an amendment to the
boundary of the Williamson Road Area Service District (the "District ") as described in Section
32- 103.2, Williamson Road Area Service District defined, of the Code of the City of Roanoke
(1979), as amended. The proposal is to expand the boundary of the District to include all of the
property situated at 1303 Williamson Road, N.E., bearing Official Tax Map No. 3020203, (the
"Consolidated Parcel "), within the District. If the proposal is approved by City Council, the
entire Consolidated Parcel will be subject to the levy and collection of the additional annual real
property tax, imposed on all properties in the District, in the amount of ten cents ($.10) per one
hundred dollars ($100.00) of assessed valuation.
The Consolidated Parcel is described as a parcel of real estate located at 1303 Williamson
Road, N.E., designated as Official Tax Map No. 3020203, containing 2.0923 acres, more or less.
Copies of the proposed ordinance and plat depicting the current and proposed boundaries
of the District are available for review in the City Clerk's Office, Room 456, Noel C. Taylor
Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, on and after November 26,
2018.
Pursuant to Sections 58.1 -3007 and 15.2 -2400 of the Code of Virginia (1950), as
amended, notice is hereby given that the City Council of the City of Roanoke will hold a public
hearing on the above matter at its regular meeting to be held on Monday, December 17, 2018,
commencing at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council
Chamber, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke,
Virginia 24011. Citizens shall have the opportunity to be heard and express their opinions on
said matter. Further information is available from the City Clerk's Office at (540) 853 -2541.
If you are a person with a disability who needs accommodations for this hearing, please
contact the City Clerk's Office at (540) 853 -2541, before 12:00 Noon on Thursday,
December 13, 2018.
GIVEN under my hand this 26th day of November 2018.
Stephanie M. Moon Reynolds, MMC
City Clerk
Note to Publisher:
Please publish three times in the Roanoke Times, legal notices, on the following dates:
Monday, November 26, 2018
Monday, December 3, 2018.
Monday, December 10, 2018
Please send affidavit of publication to:
Stephanie M. Moon Reynolds, MMC, City Clerk
4th Floor, Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 456
Roanoke, Virginia, 24011
Phone: (540) 853 -2541
Send Invoice to:
R. Brian Townsend, Assistant City Manager for Community Development
3rd Floor, Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011
Phone: (540) 853 -2333
U
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 17th day of December, 2018.
No. 41341 - 121718.
AN ORDINANCE authorizing the City Manager to execute a lease agreement with Blue
Ridge Zoological Society of Virginia, Inc., for the lease of approximately 12.6 acres of portions
of the following City owned properties, designated as Official Tax Map Nos. 4070521, 4070507,
and 4060505, for the purposes of operating and maintaining Mill Mountain Zoo; and dispensing
with the second reading of this ordinance by title.
WHEREAS, a public hearing was held on December 17, 2018, pursuant to Sections 15.2-
1800 and 15.2 -1813, Code of Virginia (1950), as amended, at which hearing all parties in interest
and citizens were afforded an opportunity to be heard on the proposed lease.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, as follows:
1. The City Manager and the City Clerk are hereby authorized to execute and attest,
respectively, in a form approved by the City Attorney, a lease agreement with Blue Ridge
Zoological Society of Virginia, Inc., for the lease of portions of approximately 12.6 acres of the
following City owned properties, designated as Official Tax Map Nos. 4070521, 4070507, and
4060505, for the purpose of operating and maintaining Mill Mountain Zoo ( "Lease "), as further
set out in the City Manager's report to Council dated December 17, 2018.
2. The City Manager is further authorized to take such actions and execute such
documents as may be necessary to implement, administer, and enforce such Lease, with any such
documents being approved as to form by the City Attorney.
3. Pursuant to provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
�. v�
City Clerk.
CITY COUNCIL AGENDA REPORT
few
To: Honorable Mayor and Members of City Council
Meeting: December 17, 2018
Subject: Mill Mountain Zoo Lease and Agreement
Background:
Pursuant to the requirements of the Virginia Code, the City of Roanoke is
required to hold a public hearing to authorize the leasing of approximately 12.6
acres of City -owned property, designated as portions of Official Tax Map
Numbers 4070507, 4070521, and 4060505, to the Blue Ridge Zoological
Society of Virginia, Inc. The Blue Ridge Zoological Society of Virginia, Inc.
(BRZSV) is a non - profit organization which leases property on Mill Mountain for
the purpose of operating and maintaining the Mill Mountain Zoo (Zoo). As part
of an accreditation process currently underway with the Zoological Association
of America (Z.A.A.), BRZSV has requested that its current year to year lease with
the City be replaced with a new lease with a full 5 year term and with some
additional items of consideration, all of which are outlined below.
The term of the proposed Lease is for five years, beginning January 1, 2019,
and ending December 31, 2023. While the annual rent to the City of $10.00
continues, so does the City's annual payment of $33,120.00 to help support
and offset the utility and related operational costs incurred by BRZSV, and up
to sixty (60) hours of urban forestry services to help with tree maintenance and
removal services annually at the Zoo. The Lease contains new provisions for
the City to provide police services for traffic control for up to four (4) events at
the Zoo annually, and periodic maintenance of a graveled parking employee
parking lot on the leased property.
A copy of the proposed Lease is attached to this report for the City Council's
review and consideration.
Recommended Action:
After the public hearing, authorize the City Manager to execute a lease
agreement with the Blue Ridge Zoological Society of Virginia, Inc., for
approximately 12.6 acres of City -owned property designated as portions of
Official Tax Map Numbers 4070507, 4070521, and 4060505, for a period of
five years, commencing January 1, 2019 and ending December 31, 2023, which
lease shall be in the form substantially similar to the form of the lease attached
to this Report; and authorize the City Manager to take such actions and execute
such documents as may be necessary to implement, administer, and enforce
such lease. Such lease, and other such documents shall be approved as to form
and execution by the City Attorney
- - - - - -- ------------------
Robert S. Cowell, .Jr.
City Manager
Distribution: Council Appointed Officers
Brian Townsend, Assistant City Manager for Community Development
Michael Clark, Director of Parks and Recreation
Amelia C. Merchant, Director of Finance
Laura M. Carini, Assistant City Attorney
2
the improvements is $1,707,747.00. The Premises shall not include the miniature Zoo Choo
train, its facilities, tracks and all equipment, machinery and tools purchased by the Lessee and
used in the operation of the Mill Mountain Zoo and not permanently attached to the real property
of the City. Title to the Premises, and any of the articles of the property owned by the City on
the first (1St) day of this Agreement, shall remain in the City. Furthermore, the Lessee will have
reasonable and necessary rights of access to the Premises over adjacent property of the City.
(b) Upon termination of this Agreement, and cessation of operation of a zoo
on the Premises, the Lessee shall deliver to the City the Premises in the same condition as the
Premises, or any additions thereto, were originally received, less normal wear and tear. In
addition, Lessee shall be responsible for the removal of the Zoo Choo train, its facilities, tracks
and equipment, within one hundred eighty (180) days of termination of this Agreement.
2. Consideration and Term: For and in consideration of the Lessee operating and
maintaining a zoo for animals for the benefit of the general public ( "Mill Mountain Zoo ") and
other good and valuable consideration, the sufficiency of which is acknowledged, the City does
hereby lease the Premises to the Lessee for the sum of Ten Dollars and No Cents ($10.00) per
year. The first of such payments shall be due within thirty (30) days after both parties have
executed this Agreement, and each payment thereafter shall be due before July 1St of each year
this Agreement is in force. The term shall commence on January 1, 2019, and end on December
31, 2023, subject to the termination rights of the City and the Lessee as set forth below.
3. Termination: This Agreement may be terminated by either party at any time, for
any cause, or no cause, upon one hundred twenty (120) days written notice signed on behalf of
either party.
4. Services Provided by City and others: The Lessee shall pay for all utilities,
2
including water, sewer, septic, telephone, cable, gas, electricity and solid waste removal,
consumed, used or needed, by the Lessee. The City shall forward to Lessee a check in the
amount of Thirty Three Thousand One Hundred Twenty Dollars and No Cents ($33,120.00),
within thirty (30) days of the first (1st) day of July each term this Agreement is in force
thereafter, for such services, with the first payment being made July 1, 2019. In the event Lessee
spends more than $33,120.00 for such services, Lessee remains liable for such expenses. In the
event the Lessee connects to the sanitary sewer system operated and maintained by the Western
Virginia Water Authority, the cost of such connection, operation and maintenance shall be paid
by Lessee. The City shall not be obligated hereunder to make any capital improvement or
expenditure of any kind on the leased Premises, and the City shall be under no duty to repair or
replace the Premises, or any part or portion thereof, during the term of this Agreement. The City
shall provide traffic control from the Roanoke Police Department for up to four (4) of the
Lessee's special events during any lease year, subject to the Lessee providing 30 days prior
written notice to the Roanoke Police Department. The City's Transportation Division shall
provide maintenance to the graveled employee parking area, as necessary, in the sole discretion
of the City. The City shall provide a maximum of sixty (60) hours tree maintenance and removal
services per calendar year. The Lessee will be responsible, at the Lessor's discretion and in
accordance with the Lessor's schedule, for such services beyond sixty (60) hours. Failure to
comply by the Lessee with the schedule established by the Lessor will constitute an agreement
by the Lessee to allow the Lessor to perform such services, or have such services performed by a
third party at the request of the Lessor, at the sole expense of the Lessee either in the form of a
reduction of any funding authorized under this Agreement during any year the Agreement is in
force or in the form of payment within fifteen days of receipt of an invoice from the City. The
3
Lessee shall not remove any tree, or maintain any tree, on the Premises, until such removal or
maintenance has been reviewed and approved in writing by the City's Urban Forester, which
approval shall not be unreasonably withheld.
5. Insurance Requirements Section:
The Lessee shall meet the following insurance requirements:
A. Neither the Lessee nor any subcontractor shall commence work under this
Agreement until the Lessee has obtained and provided proof of the required insurance coverages
to the City, and such proof has been approved by the City. The Lessee confirms to the City that
all subcontractors have provided Lessee with proof of such insurance, or will do so prior to
commencing any work under this Agreement.
B. Lessee, including all subcontractors, shall, at its and /or their sole expense,
obtain and maintain during the life of this Agreement the insurance policies and /or coverages
required by this section. The City and its officers, employees, agents, assigns, and volunteers
shall be added as an additional insured to the general liability and automobile coverages of any
such policies and such insurance coverages shall be primary and noncontributory to any
insurance and /or self insurance such additional insureds may have. The Lessee shall
immediately notify in writing the City of any changes, modifications, and /or termination of any
insurance coverages and /or policies required by this Agreement. The Lessee shall provide to the
City with the signed Agreement an Accord certificate of insurance along with one of the
following types of additional insured endorsements:
(1) ISO endorsement CG 20 33 which provides that the insured status
of such entities is automatic if required by an agreement or a written agreement otherwise known
as a blanket additional insured endorsement. The coverage shall extend to the City and its
0
officers, employees, agents, assigns, and volunteers. If additional insured status is automatic
under a different coverage form, Lessee must attach a copy of the coverage form to its certificate.
Any required insurance policies shall be effective prior to the beginning of any work or other
performance by Lessee and any subcontractors under this Agreement.
•'
(2) ISO endorsement CG 20 10 will be issued, prior to the beginning
of any work or other performance by Lessee under this Agreement, to the City and its officers,
employees, agents, assigns, and volunteers naming them as an additional insured under the
general liability coverage. A copy of the binder confirming the issuance must be attached to the
certificate. Any required insurance policies shall be effective prior to the beginning of any work
or other performance by Lessee and any subcontractors under this Agreement.
The Certificate Holder should be addressed as follows: City of Roanoke, Attn:
City Manager, 215 Church Ave, Roanoke VA 24011
C. The minimum insurance policies and /or coverages that shall be provided
by the Lessee, including its subcontractors, include the following:
(1) Commercial General Liability: $1,000,000.00
$1,000,000.00 General Aggregate Limit (other than Products /Completed Operations).
$1,000,000.00 Products /Completed Operations Aggregate Limit.
$1,000,000.00 Personal Injury Liability (including liability for slander, libel, and defamation of
character).
$1,000,000.00 each occurrence limit
(2) Automobile Liability: $1,000,000.00 combined single limit with
applicable endorsement to cover waste cargo.
5
(3) Workers' Compensation and Employer's Liability:
Workers' Compensation: statutory coverage for Virginia
Employer's Liability:
$100,000.00 Bodily Injury by Accident each occurrence
$500,000.00 Bodily Injury by Disease Policy Limit.
$100,000.00 Bodily Injury by Disease each employee.
(4) The required limits of insurance for this Agreement may be
achieved by combining underlying primary coverage with an umbrella liability coverage to apply
in excess of the general and automobile liability policies, provided that such umbrella liability
policy follows the form of the underlying primary coverage.
(5) Such insurance policies and /or coverages shall provide for
coverage against any and all claims and demands made by a person or persons or any other entity
for property damages or bodily or personal injury (including death) incurred in connection with
the services, work, items, and /or other matters to be provided under this Agreement with respect
to the commercial general liability coverages and the automobile liability coverages. With
respect to the workers' compensation coverage, Lessee's and its subcontractors' insurance
company shall waive rights of subrogation against the City and its officers, employees, agents,
assigns, and volunteers.
(6) Should any required insurance coverage be canceled or materially
altered before the expiration term of the contract, it is the responsibility of the Lessee to notify
the City of such within thirty (30) days of the effective date of the change
D. Proof of Insurance Coverage:
(1) Lessee shall furnish the City with the above required certificates of
G
insurance showing the type, amount, effective dates, and date of expiration of the policies.
(2) Where waiver of subrogation is required with respect to any policy
of insurance required under this Section, such waiver shall be specified on the certificate of
insurance.
E. Insurance coverage shall be in a form and with an insurance company
approved by the City, which approval shall not be unreasonably withheld. Any insurance
company providing coverage under this Agreement shall be authorized to do business in the
Commonwealth of Virginia.
F. The Lessee's insurance policies and /or coverages shall not contain any
exclusions for the Lessee's subcontractors.
G. The continued maintenance of the insurance policies and coverages
required by the Agreement is a continuing obligation, and the lapse and /or termination of any
such policies or coverages without approved replacement policies and /or coverages being
obtained shall be grounds for termination of the Lessee for default.
H. Nothing contained in the insurance requirements is to be construed as
limiting the liability of the Lessee, and /or its subcontractors, or their insurance carriers. The City
does not in any way represent that the coverages or the limits of insurance specified are sufficient
or adequate to protect the Lessee's interest or liabilities, but are merely minimums. The
obligation of the Lessee, and its subcontractors, to purchase insurance shall not in any way limit
the obligations of the Lessee in the event that the City or any of those named above should suffer
any injury or loss in excess of the amount actually recoverable through insurance. Furthermore,
there is no requirement or obligation for the City to seek any recovery against the Lessee's
insurance company before seeking recovery directly from the Lessee.
7
6. Indemnification and Hold Harmless: The Lessee agrees to indemnify and hold
harmless the City, its officers, agents, volunteers, and employees, from any and all claims, legal
actions and judgments and for expenses, including attorney fees, incurred in this regard, arising
out of the Lessee's intentional acts and negligent acts or omissions with respect to the rights or
privileges granted by the City to the Lessee in this Agreement.
7. Compliance with Law: The Lessee agrees to design, construct, operate and
maintain the Premises and the Mill Mountain Zoo in compliance with all applicable laws,
regulations and ordinances, and the Lessee agrees to employ and provide sufficient personnel for
the proper operation of the Mill Mountain Zoo.
8. Ownership of Animals: The animals on hand at the commencement of this
Agreement shall be the property of the Lessee and may be disposed of or sold by the Lessee so
long as the Premises are subject to this Agreement. Animals born to or sired after the
commencement of this Agreement, and all breeding interest therein or rights thereto shall be the
property of the Lessee when the animals are born, sired or otherwise acquired. All animals
purchased by the Lessee shall remain the property of the Lessee and may be sold or otherwise
disposed of by said Lessee. The Lessee shall provide adequate care and housing for all animals
upon and after the commencement of this Agreement.
9. Altering Premises by Lessee: The City agrees that the Lessee shall have the right
to alter or remove existing and future improvements or facilities on the Premises, subject in all
cases, to the written approval of the City Manager of the City of Roanoke first obtained, and
upon the condition that the City determines that any such activity is not detrimental to the City's
overall development of Mill Mountain as a recreational area and subject further to the Lessee
providing, prior to any construction or similar activity, such liability insurance and labor and
3
material payment bonding as may be required by the City. The Lessee recognizes and agrees
that there shall be no expansion of the boundaries of the Mill Mountain Zoo without prior
approval of Roanoke City Council.
10. Additions to Premises: All improvements constructed subsequent to the date of
this Agreement by the Lessee and permanently attached to the Premises with the exception of
such improvements related to the Zoo Choo train, its tracks, equipment and facilities, shall
become the property of the City at the termination of this Agreement. All equipment, machinery
and tools purchased by the Lessee and used in the operation of the Mill Mountain Zoo and not
permanently attached to the real property of the City shall remain the property of the Lessee.
11. Concession: The Lessee shall have the exclusive control of and right to all
concession sales and revenue therefrom on the Premises during the term of this Agreement.
12. Operation of Mill Mountain Zoo: All matters of management, operation and
policy for the Mill Mountain Zoo, including admissions charges, hours of operation and the like
shall be in the discretion of the Lessee, but the Lessee agrees to comply with all applicable
federal, state and local ordinances, rules and regulations relative to the use of Mill Mountain and
applicable to the Premises. Any applicable admissions taxes imposed, generally, by the City, the
Commonwealth of Virginia or other governmental agencies having jurisdiction, shall be
collected, reported, and accounted for, by the Lessee, and paid to the City, as provided by
general ordinance or law.
13. Compliance With Environmental Protection Laws:
(a) The Lessee covenants and agrees to design, construct, maintain and
operate the Premises and the Mill Mountain Zoo strictly in accordance with all applicable
federal, state and local environmental protection laws, regulations, rules and orders, including
7
but not limited to those laws relating to the storage, disposal and presence of Hazardous
Substances (the term "Hazardous Substances" used herein has the same meaning as given that
term and to the term "hazardous wastes" in 42 U.S.C. §9601), disposal of solid waste, release or
emission of pollutants or Hazardous Substances into the air or soil or into groundwater or other
waters, applicable water and sewer regulations, and erosion and sedimentation control
(collectively, `Environmental Law "). The Lessee covenants that it has either acquired heretofore
or shall acquire, prior to or at the time required by applicable law, all environmental permits and
licenses required by any Environmental Law in connection with the maintenance and operation
of the Mill Mountain Zoo.
(b) The Lessee covenants that it shall indemnify, defend and hold the City, its
successors, assigns, directors, officers, employees, volunteers, agents and lenders harmless from
all response costs, damages, expenses, claims, fines and penalties, including attorney fees,
incurred by the City, its successors, assigns, directors, officers, employees, volunteers, agents
and lenders as the result of any violation by Lessee, or any predecessor in interest to or any
person acting with permission of Lessee of any Environmental Law or as the result of any
necessary repair, cleanup, closure or detoxification of the property upon which the Mill
Mountain Zoo is located or upon land in the vicinity of the Mill Mountain Zoo if due to
conditions caused by the Lessee, predecessor in interest to or any person acting with permission
of Lessee, or as a result of a misrepresentation made by the City based upon information
supplied by the Lessee to the City. These provisions in this section shall survive the termination
of this Agreement.
(c) The Lessee shall immediately notify and advise the City of (i) any and all
enforcement, cleanup, removal, investigation or other governmental or regulatory actions
10
instituted or threatened against the Lessee with respect to any Environmental Law applicable to
the Zoo, and (ii) any and all claims made or threatened by any third person against the City, or
the Lessee relating to any Environmental Law applicable to the City or the Lessee, or the Mill
Mountain Zoo or to injury to any person or property because of a Hazardous Substance on or
from the Mill Mountain Zoo.
(d) The Lessee hereby grants and gives to the City, its agents and employees
the right and license to enter the Mill Mountain Zoo, without notice, at any reasonable time to
inspect the Mill Mountain Zoo or to conduct a reasonable environmental investigation, including
but not limited to an environmental assessment or audit of the Mill Mountain Zoo to satisfy the
City that the Mill Mountain Zoo is free from environmental contaminations and hazards. The
City may employ engineers to conduct such investigations on the City's behalf, and the Lessee
shall give to such engineers the same rights and licenses as the City may have pursuant to this
Section. The Lessee shall from time to time and upon the request of the City, give to the City or
to whomever the City may designate such assurances as may be necessary to show that the Mill
Mountain Zoo is in compliance with any and all Environmental Law. The City shall use its best
efforts to minimize interference with the Lessee's business but shall not be liable for any
interference or harm caused by the City's exercise of its rights under this Section.
(e) At the commencement date of this Agreement, and on July 1 of each year
thereafter (all such dates being hereinafter called "Disclosure Dates "), including July 1 of the
year after the termination of this Agreement, the Lessee shall disclose in writing to the City
Manager and the Environmental Specialist for the City of Roanoke, 215 Church Avenue, S.W.,
Room 364, Roanoke, Virginia 24011, the names and amounts of all Hazardous Substances,
which were stored, used or disposed of at the Mill Mountain Zoo, or which the Lessee intends to
11
store, use or dispose of at the Mill Mountain Zoo, for the year prior to and after each Disclosure
Date. The City, in its sole and absolute discretion, may consent or decline to consent to the
Lessee's storage or use, or both, of any Hazardous Substance, provided that (i) the Lessee shall
store such matter in leakproof containers, (ii) such storage and use does not constitute a violation
of any Environmental Law, and (iii) the Lessee shall use such matter in accordance with all
Environmental Law.
14. Removal of Structures and Animals:
(a) At the expiration or termination of the Agreement, if it becomes necessary
to remove structures on the premises, or to dispose of, or transfer animals, Lessee agrees to
remove such structures, or dispose of, or transfer such animals at its own expense within a
reasonable time after notice from the City. All demolition and related work, and all disposition
or transfer of animals, shall be done diligently and in conformity with all legal and safety
requirements, in a good and workmanlike manner, and in accordance with any reasonable
standards required by the City.
(b) In the event that the Agreement is terminated by either party at any time,
or in the event that the Agreement lapses by its own terms, the Lessee will take on the
responsibility of properly closing the Zoo and maintaining, relocating or selling in a proper
manner the collection of animals acquired or maintained by the Lessee at the time of termination
or lapse. Such relocation or sale of animals shall take place in accordance with the guidelines
and regulations promulgated by the Zoological Association of America (ZAA) and the United
States Department of Agriculture (USDA) which are in effect at the time of such termination or
lapse.
15. Assignment of Lease: The Lessee shall have no right to assign or sublet the
12
Premises, or any portion thereof, to any other party without the prior written consent of the City,
which consent shall not be unreasonably withheld or delayed. If such consent is given, however,
it is with the understanding that notwithstanding the sublease or assignment, the Lessee shall,
nevertheless remain liable to the City pursuant to the provisions in this Agreement. The Lessee
shall deliver a fully- executed copy of any permitted assignment or sublease to the City
immediately upon its execution. In the event the City consents to an assignment or sublease,
such consent shall not approve future subleases or assignments of all or any portion of the
Premises, which right is specifically reserved.
16. Non - Discrimination: During the performance of this Agreement, the Lessee
agrees as follows:
(a) The Lessee will not discriminate against any employee or applicant for
employment because of race, religion, color, sex, national origin, age, disability, or any other
basis prohibited by state law relating to discrimination in employment, except where there is a
bona fide occupational qualification reasonably necessary for the normal operation of the Lessee.
The Lessee agrees to post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this nondiscrimination clause.
(b) The Lessee, in all solicitations or advertisements for employees placed by
or on behalf of the Lessee, will state that such Lessee is an equal opportunity employer.
(c) Notices, advertisement and solicitations placed in accordance with federal
law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of
this section.
(d) The Lessee will include the provisions of the foregoing subsections 16 (a),
(b) and (c) in every agreement or purchase order of over ten thousand dollars and no cents
13
($10,000.00) so that the provisions will be binding upon each Lessee or vendor.
IT The Lessee will: (i) provide a drug -free workplace for the Lessee's employees;
(ii) post in conspicuous places, available to employees and applicants for employment, a
statement notifying employees that the unlawful manufacture, sale, distribution, dispensation,
possession, or use of a controlled substance or marijuana is prohibited in the Lessee's workplace
and specifying the actions that will be taken against employees for violations of such prohibition;
(iii) state in all solicitations or advertisements for employees placed by or on behalf of the Lessee
that the Lessee maintains a drug -free workplace; and (iv) include the provisions of the foregoing
clauses in every subcontract or purchase order of over $10,000, so that the provisions will be
binding upon each subcontractor or vendor. For the purpose of this subsection, "drug -free
workplace" means a site for the performance of work done in connection with this Agreement.
18. Negotiation: This Agreement has been fully negotiated by and between the
parties and shall be construed as if both parties had an equal responsibility in the drafting hereof.
19. Entire Agreement: This Agreement represents the entire integrated agreement
between the parties and supersedes all prior negotiations, representations or agreements, either
written or oral. This Agreement shall not be amended or modified except by written instrument
signed by both parties.
20. Successors: Except as otherwise specifically provided herein, the terms and
provisions of this Agreement shall be binding upon, and shall inure to the benefit of, the
successors and assigns of the parties.
21. No Waiver: No failure of any party to insist upon strict observance of any
provision of this Agreement, and no custom or practice of the parties at variance with the terms
hereof, shall be deemed a waiver of any provision of this Agreement in any instance.
14
22. Notice: Any notice, request, or demand given or required to be given under this
Agreement shall, except as otherwise expressly provided herein, be in writing and shall be
deemed to have been given when mailed by United States Registered Mail, postage prepaid, to
the other party at the address stated below.
To the City: City Manager
Room 364, Noel C. Taylor Municipal Building
215 Church Avenue, S. W.
Roanoke, VA 24011
To the Lessee: Blue Ridge Zoological Society of Virginia, Inc.
c/o Mill Mountain Zoo
P. O. Box 13484
Roanoke, VA 24034
15
IN WITNESS WHEREOF, the parties hereto have executed the same as of the day and year first
above written:
ATTEST:
Stephanie M. Moon, City Clerk
ATTEST:
By
Secretary
Approved as to Form:
Assistant City Attorney
Appropriation and Funds Required
for this Contract Certified
Director of Finance
Date:
Account #:
Authorized by Ordinance No.
CITY OF ROANOKE
Robert S. Cowell Jr., City Manager
BLUE RIDGE ZOOLOGICAL SOCIETY
OF VIRGINIA, INC.
Im
President
Approved as to Execution
Assistant City Attorney
16
EXHIBIT A
Description of the Premises
7
0
& :7
"44 �q 4t
4
4
"A. J
xrr
41,
q 4X
4
TAX 16
,4070507
N gi�
X,
-A,
Q
-N,
MAP SHOWING AREA TO BE LEASED By
THE BLUE RIDGE ZOOLOGICAL SOCIETY
FROM THE
v
v
CITY OF ROANOKE, VA
SITUATE ON MILL MOUNTAIN
TOTAL LEASE AREA = 12.6 ACRES
0 50 100 200
� Feet
THIS DRAWING WAS CREATED USING RECORDS ON HAND AT THE
CITY OF ROANOKE AND DOES NOT CONSTITUTE A LEGAL SURVEY
ALL NUMBERS SHOULD BE CONSIDERED APPROXIMATE.
Exhibit A
17
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
SHERMAN M STOVALL, ASSISTANT CITY MGR
C /O: R. Brian Townsend, Assistant City Manager
for Community Development
456 NOEL C. TAYLOR MUNICIPAL BLDG
215 CHURCH AVENUE SW
ROANOKE, VA 24011
Account Number
6017304
Date
December 10, 2018
Date Category Description Ad Size Total Cost
12/16/2018 Legal Notices NOTICE OF PUBLIC HEARING The Council of the City of Ro; 1 x 59 L 339.04
NOTICE OF PUBLIC HEARING
The Council of the City of Roanoke
will hold a public hearing on Monday,
December 17, 2018, at 7:00 p.m., or as
soon thereafter as the matter may be
heard, in the Council Chamber, Room
450, in the Noel C. Taylor Municipal
Buildinge, 215 Church Avenue, S -W
Roanok, Virginia, to consider a
proposed lease of approximately 12.6
acres of City _owned property,
designated as portions of Official Tax
Map Numbers 4070507, 4070521, and
4060505, to the Blue Ridge Zoological
Society of Virginia, Inc. (BRZSV), for
the purpose of operating and
maintaining Mill Mountain Zoo
pursuant to the requirements of
Sections 15.2 -1800 and 15.2 -1813. Code
of Virginia (1950), as amended. The
proposed lease is for a five -year term
with an annual lease payment from
BRZSV to the City of $10.00 per year.
The City proposes annual fiscal year
operating contributions of $33,120.00 to
BRZSV, and BRZSV will be responsible
for all operating and maintenance
costs in excess of the $33,120.00 annual
contribution by the City.
A copy of the proposed lease and the
proposed ordinance are available for
review in the Office of the City Clerk,
Room 456, Noel C_ Taylor Municipal
Building, 215 Church Avenue, S_ al
Roanoke, Virginia on and after Monday,
December 10, 2018.
All parties and interested persons may
appear on the above date and be heard
on this matter. If you are a person with
a disability who needs
modations for this hearing,
please contact the City Clerks Office at
(540) 853 -2541, before noon on
Thursday, December 13, 2018 -
GIVEN under my hand this 10th day of
December 2018.
Stephanie M. Moon Reynolds
City Clerk
(865427)
Publisher of the
Roanoke Times
I, (the undersigned) an authorized representative of the
Roanoke Times, a daily newspaper published in Roanoke, in the
State of Virginia, do certify that the annexed notice NOTICE OF
PUBLIC HEARING was published in said newspapers on the
following dates:
12/10/2018
The First insertion being given ... 12/10/2018
Newspaper reference: 0000865427
/I 2�
Billing Repr sentative
Sworn to and subscribed before me this Monday, December 10, 2018
..Whry Publi� °``,1, I Ip' `'':,
State o Virginia
City/County of Roanoke -��
My Commission expires J F,,,:: G
llY COP�P;r'iSSiC'd -
1-/,PP! {1rYNN i
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
NOTICE OF PUBLIC HEARING
The Council of the City of Roanoke will hold a public hearing on Monday,
December 17, 2018, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the
Council Chamber, Room 450, in the Noel C. Taylor Municipal Building, 215 Church
Avenue, S.W., Roanoke, Virginia, to consider a proposed lease of approximately 12.6
acres of City -owned property, designated as portions of Official Tax Map Numbers
4070507, 4070521, and 4060505, to the Blue Ridge Zoological Society of Virginia, Inc.
( BRZSV), for the purpose of operating and maintaining Mill Mountain Zoo pursuant to
the requirements of Sections 15.2 -1800 and 15.2 -1813, Code of Virginia (1950), as
amended. The proposed lease is for a five -year term with an annual lease payment from
BRZSV to the City of $10.00 per year. The City proposes annual fiscal year operating
contributions of $33,120.00 to BRZSV, and BRZSV will be responsible for all operating
and maintenance costs in excess of the $33,120.00 annual contribution by the City.
A copy of the proposed lease and the proposed ordinance are available for review
in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building,
215 Church Avenue, S.W., Roanoke, Virginia on and after Monday, December 10, 2018.
All parties and interested persons may appear on the above date and be heard on
this matter. If you are a person with a disability who needs accommodations for this
hearing, please contact the City Clerk's Office at (540) 853 -2541, before noon on
Thursday, December 13, 2018.
GIVEN under my hand this 10th day of December 2018.
Stephanie M. Moon Reynolds
City Clerk
PLEASE PUBLISH ONCE IN THE LEGAL ADS, ROANOKE TIMES, ON MONDAY,
DECEMBER 10, 2018.
Send Publisher's Affidavit to:
Stephanie M. Moon Reynolds
City Clerk
Noel C. Taylor Municipal Building
Room 456
215 Church Avenue, S.W.
Roanoke, VA 24011
(540) 853 -2541
Send Bill to:
R. Brian Townsend
Assistant City Manager for Community
Development
Noel C. Taylor Municipal Building
Room 364
215 Church Avenue, S.W.
Roanoke, VA 24011
(540) 853 -2333