APRIL 28, 2020 AGENDA - SPECIAL MEETING - VBgov.com :: City … · 2020-05-11 · City of Beach...

CITY OF VIRGINIA BEACHCOMMUNITY FOR A LIFETIME"

CITY COUNCIL0.N1/ BEAc

MAYOR ROBERT M. "BOBBY" DYER, At Large 5 LVICE MAYOR JAMES L. WOOD, Lynnhaven— District S

JESSICA P. ABBO7T, Kempsville— District 2 2MICHAEL F. BERLUCCHI. Rose Hall— District 3

BARBARA M. HENLEY, Princess Anne— District 7 x'FLOUTS R. JONES, Bayside— District 4

JOHN D. MOSS, At Large

AARON R. ROUSE, At Large F °,,,

GUYK. TOWER, Beach— District 6

ROSEMARY WILSON, At Large

SABRINA D. WOOTEN, Centerville— District 1

CITY HALL BUILDING

CITY COUNCIL APPOINTEESCITY COUNCIL AGENDA

2401 COURTHOUSE DRIVE

ACTING CITY MANAGER- THOMAS M. LEAHY VIRGINIA BEACH, VIRGINIA 23456- 9005

CITY ATTORNEY- MARK D. STILES PHONE:( 757) 385- 4303CITY ASSESSOR- RONALD D. AGNOR May 19, 2020 FAX( 757) 385- 5669CITY AUDITOR- LYNDONS. REMIAS

E- MAIL: CITYCOUNCIL@vbgov. comCITY CLERK- AMANDA BARNES

MAYOR ROBERT M. " BOBBY" DYER

PRESIDING

I. CITY MANAGER' S BRIEFINGS City Council Chamber- 4: 00 PM

A. COVID- 19 UPDATE

Dr. Demetria Lindsay, Director— Virginia Beach Health Department

Erin Sutton, Director— Office of Emergency Management

B. FORWARD VIRGINIA PHASE I UPDATE

Steve Cover, Deputy City ManagerRonald H. Williams, Jr., Deputy City Manager

II. CITY COUNCIL COMMENTS

III. CITY COUNCIL AGENDA REVIEW

IV. FORMAL SESSION City Council Chamber- 6: 00 PM

A. CALL TO ORDER— Mayor Robert M. " Bobby" Dyer

B. INVOCATION: Moment of Silence

C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA

D. ELECTRONIC ROLL CALL OF CITY COUNCIL

E. CERTIFICATION OF CLOSED SESSION

F. MINUTES

INFORMAL and FORMAL SESSIONS

March 3, 2020

SPECIAL SESSION BY ELECTRONIC MEANS

March 31, 2020

April 7, 2020

April 22, 2020

April 28, 2020

April 30, 2020

G. BID OPENING

1. LEASE OF CITY PROPERTY— Telecommunication Facilities

H. PUBLIC HEARINGS


T-Mobile Northeast, LLC off North Great Neck Road

2. SALE OF EXCESS CITY PROPERTY

a. 228 Shipps Lane

b. 206 Bob Lane

3. CONVEYANCE OF EASEMENT OVER CITY PROPERTY

Near the Intersection of Columbus Street and Market Street

Stokes Properties, LLC

4. NON-EXCLUSIVE SCOOTER FRANCHISE AGREEMENT

a. Bird Rides, Inc., ( Bird)

b. Neutron Holdings, Inc., ( Lime)

c. Skinny Labs, Inc., (Spin)

d. VeoRide, Inc., ( Veo)

5. OPEN AIR CAFÉ FRANCHISE AGREEMENTS

a. Kamales, Inc., t/ a 9th Street Grill Café re Atlantic Avenue Sidewalk Café at 812Atlantic Avenue

b. 11th Street Tap House, LLC, t/a 11t Street Taphouse Bar and Grille Café reBoardwalk Café at 1011 Atlantic Avenue

c. 11 th Street Tap House, LLC, t/ a 11 th Street Taphouse Bar and Grille Café reConnector Park Café at 1011 Atlantic Avenue

d. Calabrese Management Group, Inc., t/a Albie' s Pizza Café re Atlantic Avenue SideStreet Café at 200 21st Street

e. A.C.A. Corporation, t/ a Black Angus Café re Atlantic Avenue Sidewalk Café at 706

Atlantic Avenue

f. 3001 Atlantic LLC, t/ a Catch 31 Café re Boardwalk Café at 3001 Atlantic Avenue

g. Virginia George Co., Inc., t/a Dough Boys Café re Atlantic Avenue Sidewalk Café at

2410 Atlantic Avenue

h. 3315 Atlantic, LLC, t/ a Lagerheads Café re Boardwalk Café at 3315 Atlantic Avenue

i. 3315 Atlantic, LLC, t/ a Lagerheads Café re Connector Park Café at 3315 Atlantic

Avenue

j. Crestline Hotels & Resorts, LLC, t/ a Marriot Courtyard Café re Boardwalk Café at


k. Planet Pizza, Inc., t/ a Planet Pizza Café re Atlantic Avenue Sidewalk Café at 812

Atlantic Avenue

1. Rock Fish Sea Grill, LLC, t/ a Rockfish Café re Boardwalk Café at 1601 Atlantic

Avenue

m. Rock Fish Sea Grill, LLC, t/ a Rockfish Café re Connector Park Café at 1601 Atlantic

Avenue

n. VB' S Raw Bar, Inc., t/ a Seaside Raw Bar Café re Atlantic Avenue Sidewalk Café at


I. FORMAL SESSION AGENDA

1. CONSENT AGENDA

J. ORDINANCES/ RESOLUTIONS

1. Ordinance to AUTHORIZE the City Manager to EXECUTE a Long- Term Ground Lease fora portion of City- Owned property located off North Great Neck Road to T- Mobile Northeast,LLC re maintaining and operating wireless telecommunications facilities

2. Ordinance to DECLARE the properties located at 228 Shipps Lane and 206 Bob Lane to bein EXCESS of the City' s needs and AUTHORIZE the City Manager to sell the properties tothe adjoining property owners

3. Ordinances to GRANT a Non-Exclusive Franchises re operate scooters in the public streetsand rights- of-way to:



c. Skinny Labs, Inc., (Spin)


4. Ordinance to GRANT fourteen ( 14) Franchise Agreements re Open Air Cafés in the ResortArea:

a. 3001 Atlantic LLC, t/ a Catch 31 Café re Boardwalk Café at 3001 Atlantic Avenue

b. 3315 Atlantic, LLC, t/ a Lagerheads Café re Boardwalk Café at 3315 Atlantic Avenue

c. 3315 Atlantic, LLC, t/ a Lagerheads Café re Connector Park Café at 3315 AtlanticAvenue

d. Kamales, Inc., t/ a 9th Street Grill Café re Atlantic Avenue Sidewalk Café at 812Atlantic Avenue

e. Calabrese Management Group, Inc., t/ a Albie' s Pizza Café re Atlantic Avenue SideStreet Café at 200 21 st Street

f. A.C. A. Corporation, t/ a Black Angus Café re Atlantic Avenue Sidewalk Café at 706

Atlantic Avenue

g. Virginia George Co., Inc., t/ a Dough Boys Café re Atlantic Avenue Sidewalk Café at


h. Crestline Hotels & Resorts, LLC, t/ a Marriot Courtyard Café re Boardwalk Café at


i. Planet Pizza, Inc., t/ a Planet Pizza Café re Atlantic Avenue Sidewalk Café at 812

Atlantic Avenue

j. Rock Fish Sea Grill, LLC, t/ a Rockfish Café re Connector Park Café at 1601 Atlantic

Avenue

k. Rock Fish Sea Grill, LLC, t/ a Rockfish Café re Boardwalk Café at 1601 Atlantic

Avenue

1. VB' S Raw Bar, Inc., t/ a Seaside Raw Bar Café re Atlantic Avenue Sidewalk Café at


m. 11th Street Tap House, LLC, t/ a 11th Street Taphouse Bar and Grille Café re BoardwalkCafé at 1011 Atlantic Avenue

n. 11th Street Tap House, LLC, t/ a 11th Street Taphouse Bar and Grille Café re ConnectorPark Café at 1011 Atlantic Avenue

5. Ordinances to AUTHORIZE the City Manager to EXECUTE a Sponsorship Agreement reSomething in the Water, LLC ( Deferred from March 3, 2020)— STAFF RECOMMENDS

THESE ITEMS BE WITHDRAWN AS THIS EVENT WAS CANCELLED

a. $ 250,000 from the TIP ( approved in the FY2019-20 Operating Budget) and in-kindcontributions ( Alternative 1 — Staff Proposal)

b. $ 250,000 ( approved in the FY2019- 20 Operating Budget), in-kind contributions, andTRANSFER $ 250, 000 from the TIP Fund- Reserve for Contingencies to FY2019- 20

Convention and Visitors Bureau Operating Budget ( Alternative 2— Requested byMayor Dyer, Vice Mayor Wood and Council Members Berlucchi, Rouse, Tower,

Wilson, and Wooten)

6. Ordinance to AUTHORIZE the City Manager to EXECUTE an agreement with the VirginiaBeach School Board re use of school buses during the Something in the Water Festivaland APPROPRIATE $250, 000 in estimated reimbursements - STAFF RECOMMENDS

THIS ITEM BE WITHDRAWN AS THIS EVENT WAS CANCELLED

7. Resolution to DIRECT the City Manager Study the Commercial Property Assessed CleanEnergy( C- PACE) Program and CONSIDER the feasibility and desirability ofimplementation of a C- PACE Program for Virginia Beach( Requested by Council MembersAbbott and Berlucchi)

8. Resolution to ADOPT a Reforestation Policy( Requested by City Council)

9. Ordinance to EXTEND the Sunset Date to April 5, 2021, re residential permit parking inthe Historic Cavalier Shores Neighborhood

10. Ordinance to AUTHORIZE temporary encroachments into a portion of City Property knownas:

a. Bass Inlet West at the rear of 2900 Wood Duck Drive re construct and maintain a

proposed boat lift with a roof and, relocate a floating dock

b. Lake Wesley at the rear of 464 Southside Road re construct and maintain a woodfloating dock, aluminum ramp, boat lift and four (4) mooring piles

11. Resolutions to REQUEST the Virginia Department of Transportation( VDOT) ACCEPT:

a. additional streets for Urban Maintenance Payments

b. corrections to the road inventory for Urban Maintenance Payments

12. Ordinance to ESTABLISH CIP# 5- 159 " Public Utilities Office Space Acquisition and

Improvements— Water" and CIP# 6- 159 " Public Utilities Office Space Acquisition and

Improvements— Sewer" and TRANSFER $ 2. 1 Million from the Water and Sewer Enterprise

Fund re public utilities space consolidation and build- out effort

13. Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement between theCity, the F- 14 Tomcat Monument Association, and the Hampton Roads Squadron, TheAssociation of Naval Aviation Inc., re F- 14 Tomcat Monument at 25t' Street and

Boardwalk; and, AUTHORIZE the City Manager to ACCEPT the Monument uponcompletion

14. Ordinance to APPROPRIATE $ 258, 000 from Police Federal & State Seized Assets Special

Revenue Fund to the FY2019- 20 Police Department Operating Budget re purchaseequipment and training- STAFF REQUESTS THIS ITEM BE WITHDRAWN ASTHEY WILL RE-SUBMIT IN THE NEXT FISCAL YEAR

15. Ordinances to ACCEPT and APPROPRIATE:

a. $ 58, 000 from the Virginia Department of Emergency Management (VDEM)to the FY 2019- 20 Emergency Management Operating Budget re conduct aregional Hazard Identification and Risk Assessment

b. $ 201, 556 from the Federal Emergency Management Agency ( FEMA) to theFY2019- 20 Fire Department Operating Budget re costs for mobilization ofVirginia Task Force 2 Urban Search and Rescue team members to Puerto

Rico to assist areas impacted by multiple earthquakes

16. Ordinances to TRANSFER from the General Fund Reserve for Contingencies:

a. $ 177, 466 to the FY2019- 20 Department of Public Health Operating Budget refunding requirement for shared Public Health Office

b. $ 373, 537 to the FY2019-20 Voter Registration and Elections re funding forthe June 2020 Primary

K. UNFINISHED BUSINESS

L. NEW BUSINESS

M. ADJOURNMENT

If you are physically disabled or visually impaired

and need assistance at this meeting,

please call the CITY CLERK' S OFFICE at 385- 4303

The Agenda ( including all backup documents) is available athttps:// www.vbgov. com/ government/ departments/ cityclerk/ citycouncil under the eDocsDocument Archive. If you would like to receive by email a list of the agenda items for eachCouncil meeting, please submit your request to pmcgraw@a, vbgov. com or call 385- 4303.

MAYOR ROBERT M. " BOBBY" DYER

PRESIDING

I. CITY MANAGER' S BRIEFINGS City Council Chamber- 4: 00 PM

A. COVID- 19 UPDATE

Dr. Demetria Lindsay, Director— Virginia Beach Health Department

Erin Sutton, Director— Office of Emergency Management

B. FORWARD VIRGINIA PHASE I UPDATE

Steve Cover, Deputy City ManagerRonald H. Williams, Jr., Deputy City Manager

II. CITY COUNCIL COMMENTS

III. CITY COUNCIL AGENDA REVIEW

IV. FORMAL SESSION City Council Chamber- 6: 00 PM

A. CALL TO ORDER— Mayor Robert M. " Bobby" Dyer

B. INVOCATION: Moment of Silence

C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA

D. ELECTRONIC ROLL CALL OF CITY COUNCIL

E. CERTIFICATION OF CLOSED SESSION

F. MINUTES

INFORMAL and FORMAL SESSIONS

March 3, 2020

SPECIAL SESSION BY ELECTRONIC MEANS

March 31, 2020

April 7, 2020

April 22, 2020

April 28, 2020

April 30, 2020

G. BID OPENING


lls

46 I

REQUEST FOR PROPOSALS

LEASE ON CITY- OWNED PROPERTYFOR THE PURPOSE OF INSTALLING,

MAINTAINING AND OPERATING

TELECOMMUNICATIONS FACILITIES

The City of Virginia Beach has received aproposal for a long- term lease on a certain

portion of a City-owned parcel of landtogether with an access and utility easement

appurtenant thereto, and accessory building

housing equipment located off North GreatNeck Road, Lynnhaven Borough, Virginia

Beach, Virginia to T- Mobile Northeast, LLC.

Additional bids will be received by the Cityuntil the date below. All bids must be in

writing. The right to reject any and all bids ishereby expressly reserved. Further

information, including a copy of the

proposed lease, may be obtained by callingthe Department of Facilities Management at

757) 385- 5885.

Bids shall be read by the Mayor of the City ofVirginia Beach at the regular meeting of theCity Council which will be held in the CouncilChamber, City Hall ( Building # 1) VirginiaBeach Municipal Center on May 19, 2020 at6:00 p. m., and after reading of the bids, theCouncil will either proceed with the

consideration of the ordinance awarding theaforesaid lease or will defer the matter to a

subsequent meeting.

BIDS MUST BE RECEIVED NO LATER THAN

FRIDAY, MAY 15, 2020 AT 5:00 p. m.

If you are physically disabled or visuallyimpaired and need assistance at this

meeting, please call the CITY CLERK' SOFFICE at 385- 4303; Hearing impaired call711.

All interested parties are invited to attend.

Amanda Barnes

City Clerk

BEACON: Sunday, May 10 and 17, 2020

H. PUBLIC HEARINGS


T- Mobile Northeast, LLC off North Great Neck Road

2. SALE OF EXCESS CITY PROPERTY

a. 228 Shipps Lane

b. 206 Bob Lane

3. CONVEYANCE OF EASEMENT OVER CITY PROPERTY

Near the Intersection of Columbus Street and Market Street

Stokes Properties, LLC

4. NON- EXCLUSIVE SCOOTER FRANCHISE AGREEMENT


b. Neutron Holdings, Inc., (Lime)

c. Skinny Labs, Inc., ( Spin)

d. VeoRide, Inc., (Veo)

5. OPEN AIR CAFÉ FRANCHISE AGREEMENTS

a. Kamales, Inc., t/a 9th Street Grill Café re Atlantic Avenue Sidewalk Café at 812Atlantic Avenue

b. 11 th Street Tap House, LLC, t/ a 11 th Street Taphouse Bar and Grille Café reBoardwalk Café at 1011 Atlantic Avenue

c. 1 1th Street Tap House, LLC, t/a 1 1th Street Taphouse Bar and Grille Café reConnector Park Café at 1011 Atlantic Avenue

d. Calabrese Management Group, Inc., t/ a Albie' s Pizza Café re Atlantic Avenue SideStreet Café at 200 21 St Street

e. A.C. A. Corporation, t/a Black Angus Café re Atlantic Avenue Sidewalk Café at 706

Atlantic Avenue

f. 3001 Atlantic LLC, t/ a Catch 31 Café re Boardwalk Café at 3001 Atlantic Avenue



h. 3315 Atlantic, LLC, t/ a Lagerheads Café re Boardwalk Café at 3315 Atlantic Avenue

i. 3315 Atlantic, LLC, t/ a Lagerheads Café re Connector Park Café at 3315 Atlantic

Avenue

j. Crestline Hotels & Resorts, LLC, t/ a Marriot Courtyard Café re Boardwalk Café at


k. Planet Pizza, Inc., t/ a Planet Pizza Café re Atlantic Avenue Sidewalk Café at 812

Atlantic Avenue

1. Rock Fish Sea Grill, LLC, t/ a Rockfish Café re Boardwalk Café at 1601 Atlantic

Avenue

m. Rock Fish Sea Grill, LLC, t/ a Rockfish Café re Connector Park Café at 1601 Atlantic

Avenue

n. VB' S Raw Bar, Inc., t/ a Seaside Raw Bar Cafe re Atlantic Avenue Sidewalk Café at


uae

S

is

a• ^°

PUBLIC HEARING

LEASE OF CITY PROPERTY

The Virginia Beach City Council will

hold a PUBIJC HEARING on Tuesday,

May 19, 2020 at 6: 00 p. m., in theCouncil Chamber, City Hall( Building

1) Virginia Beach Municipal Center.

The purpose of this hearing will be toobtain public comment regarding

the proposed lease:

A certain portion of a City- owned

parcel of land together with anaccess and utility easementappurtenant thereto, and an

accessory building housingequipment located off North

Great Neck Road, Lynnhaven

Borough, Virginia Beach, Virginia

to T- Mobile Northeast, LLC.

Any citizen wishing to make

comments virtually during the public

hearing should follow a two-stepprocess provided below:

Register for the WebEx at:

https:// vbgov. webex. com/ vbgov/

onstage/ g.php? MTI D= e952e53cae0057870661fb1a581cec0d0

Register with the City Clerk' s Office

by calling( 757) 385-4303 or viaemail at ABarnes8vbeov. com prior

to 6: 00 p. m. on May 19, 2020

If you are physically disabled or

visually Impaired and need

assistance at this meeting, pleasecall the CITY CLERK'S OFFICE at

385- 4303: Hearing Impaired call711.

All interested parties are invited to

participate.

Amanda Barnes

City Clerk

BEACON: May 10 and 17, 2020

4:` a_

PUBLIC HEARING

TO CONSIDER SALE OF

EXCESS CITY PROPERTY

The Virginia Beach City Council willhold a PUBLIC HEARING on the

disposition and sale of City- ownedproperties, Tuesday, May 19, 2020 at

6:00 p.m., in the Council Chamber,City Hall( Building# 1) Virginia BeachMunicipal Center. The properties tobe sold are located at 228 Shipps

Lane( GPIN: 2417- 25- 7591) and 206

Bob Lane( GPIN: 2407-75-1034). The

purpose of this hearing will be to

obtain public input to determinewhether the properties should be

declared" Excess of the City' s needs"and be sold.

Any citizen wishing to makecomments virtually during the public


Register for the WebEx at

https:// vbgov. webex. com/ vbgov/ o

nstage/ g. php? MTI D= e952e53cae0057870661fb1a581cec0d0


by calling( 757) 385-4303 or viaemail at Agarnes© vbeov. com prior

to 6:00 p. m. on May 19, 2020

Any questions concerning this mattershould be directed to the Office of

Real Estate, Building # 23, at theVirginia Beach Municipal Center. The

Real Estate Office telephone number

is( 757) 385- 4161.

If you are physically disabled orvisually Impaired and need

assistance at this meeting, pleasecall the CITY CLERK'S OFFICE at 385-

4303; Hearing Impaired call 711.


participate.

Amanda Barnes, MMC

City Clerk

Beacon: May 10, 2020

r3GrN ' 811rj ch.

ti 2)

7,

tlJ

PUBLIC HEARING

GRANT OF EASEMENTS

OVER CITY PROPERTY

The Virginia Beach City Council will

hold a PUBLIC HEARING on Tuesday,

May 19, 2020, 6: 00 p. m., in theCouncil Chamber, City Hall( Building

1) Virginia Beach Municipal Center.

The purpose of this hearing will be toobtain public input on the City'sproposal to declare easementsexcess of the City' s needs" and

authorize conveyance to Stokes

Properties, LLC, in connection with

the development of a hotel at Town

Center, as follows:

Access, terrace & landscaping anddrainage easements, totaling

approximately 7, 777 sq. ft, on City-owned property known as GPINs:1477-54-0223 and 1477-54-1273,located near the intersection of

Columbus Street and Market Street.





nstage/ g.ph p?MTI D= e952e53cae0057870661fb1a581cecOd0


by calling( 757) 385-4303 or viaemail at ABarnes@vbeov. com prior

to 6: 00 p. m. on May 19, 2020

Any questions concerning this mattershould be directed to the Dept ofEconomic Development, 4525 Main

Street, Suite 700, Virginia Beach,Virginia 23462, ( 757) 385-6464,

ecdev@vbeov. com).

If you are physically disabled orvisually Impaired and need

assistance at this meeting, pleasecall the CITY CLERKS OFFICE at 385-

4303; Hearing impaired call 711.


participate.

Amanda Barnes, MMC

City Clerk

Beacon: May 10, 2020

CITY OF VIRGINIA BEACHAGENDA ITEM

ITEM: An Ordinance 1) Declaring Easements in Excess of the City' s Needs,2) Approving the Conveyance of Easements, and 3) Authorizing TemporaryEncroachments on City Property

PUBLIC HEARING: May 19, 2020 MEETING DATE: June 2, 2020)

Background: Stokes Properties, L. L. C. ( the" Developer") is the owner of the 9,496

square foot parcel at 4571 Columbus Street ( GPIN: 1477- 54- 0273), located near the

intersection of Market Street and Columbus Street, east of the Dick' s Sporting GoodsGarage( the " Property").

The Developer has approached representatives of the City of Virginia Beach ( the " City")and the City of Virginia Beach Development Authority( the" Authority") about constructinga 14- story, 120- room hotel on the Property ( the " Project").

Due to the size of the Property, the Developer has requested that the City grant certaineasements and temporary encroachments on adjacent City-owned land ( GPINs: 1477-54- 0223 and 1477- 54- 1273) to allow development of the Project. The easements wouldbe for( i) ingress/ egress over City land, ( ii) a terrace at the corner of Market and Columbus

Streets, and ( iii) drainage. The temporary encroachments would be to allow ( i) a porte-cochere, and ( ii) landscaping and decorative improvements.

During the site plan review process, City staff requested that the Developer make certainimprovement and considerations. As a part of the Project, the Developer, at its soleexpense, has agreed to upgrade the sidewalks, relocate and upgrade the existing publicpedestrian path on the City' s property, relocate an existing waterline and provide fundsfor additional trees throughout Town Center.

To satisfy its parking needs, the Developer has requested that the Authority allow use ofthe Town Center Public Parking System. No onsite parking is planned. A recent parkingstudy commissioned by the Authority has confirmed that there is adequate excess parkingto accommodate this request and the Authority will vote on this proposal the morning ofMay 12, 2020.

To offset costs added to the Town Center Public Parking System, the Developer hasagreed to have the Property included in the Town Center Special Services District, whichwould cause the Property to be subject to the special tax assessment. This change willcome before City Council at a later date and would be effective as of the completion ofthe Project.

Considerations: The Project would bring additional hotel inventory to Town Centerand would redevelop an underutilized parcel in Town Center. The easements andtemporary encroachments would not interfere with the public' s use of the right- of-way orthe adjacent City- owned land.

This item was originally part of the agenda for the City Council' s March 17, 2020 formalmeeting, but that meeting was canceled due to the Governor' s COVID- 19 Pandemic stateof emergency declaration of March 12, 2020.

Public Information: This matter was briefed to City Council on March 10, 2020. A

public hearing will be advertised on May 10, 2020 in The Virginian- Pilot. The publichearing will be held on May 19, 2020. Public notice will be provided via the normal CityCouncil agenda process.

Alternatives: Approve the Ordinance as presented, deny approval of theOrdinance, or add conditions or modifications as desired by Council.

Recommendations: Approval.

Attachments:

Ordinance

Exhibit A ( Ingress/ Egress and Terrace Easements - GPIN: 1477- 54- 0223)

Exhibit B ( Ingress/ Egress and Drainage Easements — GPIN: 1477- 54- 1273)

Exhibit C ( Encroachments — GPIN: 1477- 54- 1273)

Draft Deed of Easement

Draft Encroachment Agreement

Location MapDisclosure Statement Form

Recommended Action: Approval

Submitting Department/ Agency: Economic Development

City Manager: }' f,i L.

1 AN ORDINANCE 1) DECLARING EASEMENTS IN EXCESS

2 OF THE CITY' S NEEDS, 2) APPROVING THE CONVEYANCE

3 OF THE EASEMENTS, AND 3) AUTHORIZING TEMPORARY

4 ENCROACHMENTS ON CITY PROPERTY

5

6 WHEREAS, Stokes Properties, L. L. C. ( the " Developer") is the owner of the 9, 496

7 square foot parcel at 4571 Columbus Street ( GPIN: 1477- 54- 0273), located near the

8 intersection of Market Street and Columbus Street, east of the Dick' s Sporting Goods9 Garage in Block 12 of Town Center ( the " Property");

10

11 WHEREAS, the Developer has approached representatives of the City of Virginia12 Beach ( the " City") and the City of Virginia Beach Development Authority ( the " Authority")13 about constructing a 14-story, 120- room hotel on the Property (the " Project");14

15 WHEREAS, the City owns two parcels of land adjacent to the Property, known as16 GPINs: 1477- 54- 0223 and 1477- 54- 1273) ( the " City Property");17

18 WHEREAS, due to the size of the Property, the Developer has requested that the19 City grant certain easements and temporary encroachments on the City Property in order20 to satisfy requirements related to development of the Project;21

22 WHEREAS, the easements would be for ( i) nonexclusive access, ( ii) a terrace at

23 the corner of Market and Columbus Streets, and ( iii) drainage ( collectively, the

24 " Easements"), as more specifically shown on Exhibit A and Exhibit B attached hereto;25

26 WHEREAS, the temporary encroachments would be to allow ( i) a porte- cochere,27 and ( ii) landscaping and decorative improvements ( collectively, the " Temporary28 Encroachments"), as depicted on Exhibit C, attached hereto;

29

30 WHEREAS, as part of the Project, the Developer has agreed to make certain31 improvements and considerations requested by City staff, including upgrading sidewalks,32 relocating and upgrading the existing public pedestrian path on the City Property, and33 providing funds for additional trees throughout Town Center;34

35 WHEREAS, forms of the proposed Easement and Temporary Encroachment36 documents have been included with the package provided to City Council;37

38 WHEREAS, to satisfy its parking needs, the Developer has requested that the39 Authority allow use of the Town Center Public Parking System since no onsite parking is40 planned;41

42 WHEREAS, a recent parking study commissioned by the Authority has confirmed43 that there is adequate excess parking to accommodate this request and the Authority44 will vote on this proposal on March 17, 2020;

45 WHEREAS, the Developer has represented that without the City' s approval of the46 Easements and Temporary Encroachments, and without the Authority' s approval to use47 the Town Center Public Parking System, the Project would not be possible, nor would the48 improvements requested by the City be constructed;49

50 WHEREAS, City staff supports the additional hotel inventory at Town Center and51 further supports granting and authorizing the Easements and Temporary Encroachments;52 and

53

54 WHEREAS, City Council is of the opinion that developing the Property, as

55 proposed by the Developer, will have an overall positive impact on the City of Virginia56 Beach and its citizens.

57

58 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF59 VIRGINIA BEACH, VIRGINIA:

60

61 1. That the Easements contemplated herein are hereby declared to be in62 excess of the needs of the City of Virginia Beach.63

64 2. That pursuant to the authority and to the extent thereof contained in §§ 15. 2-

65 2009 and 15. 2- 2107, Code of Virginia, 1950, as amended, the Developer, or its successor66 in title is authorized to construct and maintain the Temporary Encroachments upon67 portions of the City Property, as shown on Exhibit C, attached hereto and made a part68 hereof.

69

70 3. That the Temporary Encroachments are expressly subject to those terms,71 conditions and criteria contained in an agreement between the City and the Developer72 ( the "Agreement"), an unexecuted form of which has been presented to City Council in its73 agenda, and will be recorded among the records of the Clerk' s Office of the Circuit Court74 of the City of Virginia Beach.75

76 4. That the City Manager, or his designee, is hereby authorized to execute any77 and all documents necessary ( i) to convey the Easements to the Developer, and ( ii) to78 authorize the Temporary Encroachments, so long as the documents are in substantial79 accordance with the Agreement and Exhibits A, B & C, attached hereto and made a part80 hereof, and such other terms, conditions or modifications as may be acceptable to the81 City Manager and in a form deemed satisfactory by the City Attorney.82

83 This Ordinance shall be effective from the date of its adoption.

84

85 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of86 2020.

THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHSOF ALL COUNCIL MEMBERS ELECTED TO CITY COUNCIL

APPROVED AS TO CONTENT: APPROVED AS TO LEGAL

SUFFICIENCY:

Eco ' is Development City Attorney's Office

VA1` t857S1\ Applications\CityLawProd\ ycom32\ Wpdocs\D030\ P011\ 00013007.DOC

R- 1

March 5, 2020

EXHIBIT A

NOTESPage 1 of 2)

1. THE INTENT OF THIS EXHIBIT IS TO SHOW VARIABLE WIDTH PRIVATE TERRACE EASEMENT & VARIABLE WIDTH

PRIVATE INGRESS/ EGRESS EASEMENT TO BE ESTABLISHED ON PART OF LOTS 1- 2, BLOCK 47, GPIN 1477- 54- 0223.

2. NORTH MERIDIAN SHOWN HEREON IS BASED ON VIRGINIA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE,

NAD83/ 93 HARN.

N/ F MINIM'. SIFT

a CITY OF VIRGINIA BEACH J' ' E WOW RAP)s A MUNICIPAL CORPORATION

INS,kg S, PG 201%DB 1 56 PG 235)

g zTHE STATE OF VIRGINIA

MB 110, PG 12)c, z DB 1585, PG 518)

w t, 1 PART OF LOTS 1- 2, BLOCK 47

aiIOPPG

201)G

bMB12) 89. 35' 49" E 30. 00'

a GPIN: 1477- 54- 02231 ee LN 3474279. 42cn N L C3 .:• r• •

a L11•..•• E 12175040. 71

3 L12( TIE) C4 :

5 C7 C6 PROPOSED VARIABLE WIDTH PRIVATECS TERRACE EASEMENT 1

V//// J DENOTES L14 S". •.:•.•: r- ( 810 SQ. FT./ 0. 019 AC.)PROPOSED VARIABLE WIDTH PRIVATE I N.)

INGRESS/ EGRESS EASEMENT

AREA 1 ( 103 SQ. FT./ 0. 002 AC.)

N/ F

STOKES PROPERTIES, LLC

c z INSTR. 20160727000646000o o m

PART OF LOTS 3- 6, BLOCK 47MB 5, PG 201)

Qk , k Py h DB 1356, PG 235)

C. -', Zo

MB 110, PG 12)

u m JcIP.

LOT I LOT 2GPIN: 1477- 54- 0273

tI _

J- = LOT4

L10 I42

V/// A DENOTESIN 3474184..

3PROPOSED VARIABLE WIDTH PRIVATE1., L6

12175041. 38

INGRESS/ EGRESS EASEMENTL8 L7

AREA 2 ( 320 SQ. FT./ 0. 007 AC.)

PROPOSED VARIABLE WID1N 10E 89' 35' 49' W 150.00'

NONEXCLUSIVE PRIVATECITY OF VIRGINIA BEACH j.:'•' '•' •'•INGRESS/ EGRESS EASEMENT A MUNICIPAL CORPORATION IN THE :•' .;'•••,••:' .;'••••••

3,633 SQ. FT./ 0.083 AC.) •. • . STATE OF VIRGINIASEE EXHIBIT B) •.::'•.• DB 1252, PG 222)( DB 1585, PG 518)•••••::•'..•: • •••'•.•::

PROPOSED 20' NONEXCLUSIVEPART OF LOTS 7- 22 & ALL OF LOTS••'

PRIVATE DRAINAGE EASEMENT23- 44, BLOCK 47

2,911 SQ. FT./ 0.067 AC.)

fMB 5, PG 201)( MB 1 f0, PG 12)

SEE EXHIBIT B) GPIN: 1477- 54- 1273

I

1,TH of

o P4,0' 20' 40

EXHIBIT SHOWING gillPegilidillICA 7.

IMMI EASEMENTS FROMTHE CITY OF VIRGINIA BEACH

JEFFREY J. VIERRETHERa

GRAPHIC SCALE TO STOKES PROPERTIES, L. L. C. Lic. No. 2306

VIRGINIA BEACH, VIRGINIA3- 3- 2020

1'= 20' MARCH 3, 2020 l^'

OSUR„

yO

SEE SHEET 2 OF 2FOR UNE & CURVE MSA P_CTABLES. Fnvirormrerrhalscierices• Plann rig• Sury C11\/, I

eyuig It. /, I i1 imp pg. Civil& Environmental Engineering• Landscape Architect m

r i UIu' iu

m.. 5032 Rouse Dr., Suite 100, Virginia Beach, VA 23462 / sh„:44

DWN BY: CJS p. 7 757 490-9264( Ofc) II,"- JOB# 16235

CU LZEN wwa msaonline com MISMag ••SHEET: 1 OF 2 SCALE: 1" = 20'

EXHIBIT APage 2 of 2)

LINE TABLE

UNE # DIRECTION LENGTH

L1 N 89' 35' 49" E 17. 00'

L2 S 0' 24' 11" E 48. 50'

L3 S 89' 59' 55" W 13. 10'

L4 N 29' 57' 14" W 7. 91'

L5 N 0' 24' 11" W 41. 53'

L6 N 89' 35' 49* E 41. 50'

L7 S 0' 24' 11" E 5. 51'

L8 S 89' 35' 49" W 50. 00'

L9 N 0' 24' 11" W 12. 76'

L10 N 89' 38' 08" E 5. 14'

L11 S 0' 24' 11" E 1. 50'

L12 N 62' 20' 33" E 16. 18'

L13 N 51' 01' 17" E 13. 17'

L14 S 0' 24' 11" E 6. 21'

CURVE TABLE

CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA

Cl 20. 00' 31. 42' 20. 00' 28.28' N44' 35' 49" E 90' 00' 00"

C2 9. 50' 8. 24' 4.40' 7. 99' S25' 15' 55" E 49' 43' 15"

C3 3.70' 7. 19' 5. 42' 6. 11' S7' 46' 27" E 111' 20' 21"

C4 50. 43' 8. 05' 4. 03' 8. 04' S70' 03' 51" E 9' 08' 34"

C5 56. 43' 10. 70' 5. 37' 10. 68' N70' 55' 00" W 10' 51' 50"

C6 9. 48' 3. 94' 2. 00' 3. 91' N53' 27' 55' W 23' 49' 33'

C7 3. 99' 6. 06' 3. 79' 5. 50' N80' 37' 58" W 87' 05' 18"

pyTH pF ,19,6

EXHIBIT SHOWING

EASEMENTS FROMJEFFREY J. VIERRETHER '

THE CITY OF VIRGINIA BEACH

TO STOKES PROPERTIES, L. L. C. Lic. No. 2306

VIRGINIA BEACH, VIRGINIA3- 3- 2020

MARCH 3, 2020 K.14 SUg` i - k"

M PM^ riumnEnvironmental Sciences• Planning• Survey'11\/, 11 ILIWI 111' j .\ Civil& L- uvuvDmental Engineering• Landscape Lecture Ikw! m a

MULL b iu 5032 Rouse Dr., Suite 100, Virginia Beach, VA 23462 ",11

4

DWN BY: CJS !; 757 490- 9264( Ofc)

vvw. msaonline. com

r = JOB# 16235LG iV

SHEET: 2 OF 2 C 611 G L2 SCALE: NA

NOTES: EXHIBIT B

Page 1 of 2)

1. THE INTENT OF THIS EXHIBIT IS TO SHOW VARIABLE WIDTH PRIVATE INGRESS/ EGRESS EASEMENT AND20' PRIVATE DRAINAGE EASEMENT TO BE ESTABLISHED ON PART OF LOTS 7- 22 & ALL OF LOTS 23- 44 BLOCK 47,GPIN 1477- 54- 1273.

2. NORTH MERIDIAN SHOWN HEREON IS BASED ON VIRGINIA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE,NAD83/ 93 HARN.

PROPOSED VARIABLE WIDTH PRIVATE I ITERRACE EASEMENT

N/ F

CITY OF VIRGINIA BEACH810 SQ. FT./ 0. 019 AC.)

SEE EXHIBIT A)A MUNICIPAL CORPORATION IN

THE STATE OF VIRGINIA N/ F

frn DB 1585, PG 518) ISTOKES PROPERTIES, LLC

i PART OF LOTS 1- 2, BLOCK 471 INSTR. 20160727000646000)

MB 5, PG 201) PART OF LOTS 3- 6, BLOCK47filz MB 110, PG 12) MB 5, PG 201)

41GPIN: 1477- 54- 0223 DB 1356, PG 235)

oN 3474184.07 MB 110, PG 12) LOT 6' /

E 12174991. 38GPIN: 1477- 54- D 73LOT 1 LOT 2LOT 3LOT 4 LOT

5L8v Q

1//////

N

ricriE),.S89' 35' 49" W150.00' ( 0/ A)„

1..L10.' 7 • • C1

L3

9 ( C2

PROPOSED VARIABLE F.`•`•''•'.*''•`'' J DENOTES r///// j DENOTES

WIDTH PRIVATE PROPOSED 20' PROPOSED VARIABLE WIDTH

L4 INGRESS/ EGRESSNONEXCLUSIVE PRIVATE NONEXCLUSIVE PRIVATE

C AREA 2 ( 320DRAINAGE EASEMENT INGRESS/ EGRESS EASEMENT

o SQ. FT./ O. 007 AC.) 2, 911 SaFT./ 0. 067 AC.) ( 3, 633 SQ. FT./ 0. 083 AC.)

kJ

mSEE EXHIBIT A)

N F

u CITY OF VIGINIA BEACH

1j tio A MUNICIPAL CORPORATION IN THE

WtiV STATE OF VIRGINIAL.

j,

As -- -, DB 1252, PG 222)( DB 1585, PG 518)

y mPART OF LOTS 7- 22 & ALL OF LOTS I I

I 23- 44, BLOCK 47 I

MB 5, PG 201)( MB 110, PG 12)

o GPIN: 1477- 54- 1273

L CT 23 LOT 24 LOT 25 i LOT 26 LOT 27 LOT 28 LOT 25

I I I I I I

N 3474059. 07 I I I I

fE12174992. 26

S89' 35' 49" W 400. 00'

S(X/?HFA) V 801/LEYARD 0/A/a481.1 MDIhr RMFGRMERL Y LAFAKETT STREET)

MB 5, PG 209(,1i' 1la PG 12)

41' pyTH opGf,

5WINGI EASEMENTSXHIBITOFROM Y J. VIERRETHER

THE CITY OF VIRGINIA BEACH Lic. No. 2306

GRAPHIC SCALE TO STOKES PROPERTIES, L. L. C. 3- 3- 2020

1"= 25' VIRGINIA BEACH, VIRGINIA

MARCH 3, 2020 AND SUR` JCSEE SHEET 2 OF 2

FOR UNE & CURVE MSA. P_CTABLES. ri^ Envinorunetttal silences• Planning• Sury

I'!

IO Ai i e} 11\ rl III 1r/ i! el. Civil& Envimn.....— Engineering• Landscape Arcltitecnne okirs RAN

MENU U. Mrgio 5032 Rouse Dr., Suite 100, Virginia Beach, VA 23462 rihokJ

DWN BY: CJS IA,`11P 757- 490- 9264( Ofc)7 t JOB# 16235

www. msaonline. com NG: SHEET: 1 OF 2 C 62 G 6A SCALE: 1" = 25'

EXHIBIT B

Page 2 of 2)

LINE TABLE

LINE # DIRECTION LENGTH

L1 N 0' 24' 11" W 37. 24'

L2 N 89' 35' 49" E 139. 42'

L3 S 89' 35' 49" W 93. 56'

L4 S 89' 37' 03" W 1. 21'

L5 N 0' 24' 11" W 20. 06'

L6 N 85' 15' 28° E 125. 21'

L7 N 024' 11° W 1. 02'

L8 N 89' 35' 49" E 20. 00'

L9 S 0' 24' 11" E 19. 56'

L10 S 8515' 28" W 145. 26'

L11 S 02411" E 10. 50'

CURVE TABLE

CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA

Cl 37. 50' 49. 04' 28. 74' 45.62' S52' 08' 04" W 74' 55' 29"

C2 8. 50' 14. 35' 9. 56' 12. 71' S41' 13' 45" W 96' 44' 08"

pyTHopGIII 6

EXHIBIT SHOWING

EASEMENTS FROM JEFFREY J. VIERRETHERaTHE CITY OF VIRGINIA BEACH

Lic. No. 2306TO STOKES PROPERTIES, L. L. C.

3- 3- 2020VIRGINIA BEACH, VIRGINIA

MARCH 3, 2020 VoSUR\ ick-

MSA PEnEnvironmental sciences• Pla n rig• Sury1\ I.Iism eying

11\ I,111111// 1 M Civil& Environmental Engineering• landscarre Architecture 11111/ I! IULI' AI MULL

refk,7 5032 Rouse Dr., Suite 100, Virginia Beach, VA 23462

DWN BY: CJS !:; UP 757- 490- 9ho

264( Ofc) i^ fir JOB# 16235www. msaonline. com

SHEET: 2 OF 2 L cM G C211111 SCALE: NA

ANN P. STOKES LANDSCAPE ARCHITECTS 440 GRANBY STREET NORFOLK, VIRGINIA 23505 ( TEL) 757. 423.6550 ( FAX) 757.423. 6500

EXHIBIT C

Page 1 of 2)

Cam—COLUMBUS ST.

ENCROACHMENT /'.. ENCROACHMENTS

AREA= 16213 SF

1

Ii-

w

0T

r_„ in

C I 1

n

als. \

EN`

V ....... 1: t C F otitis I

ti

I G 2' j 1k R25= io

Nri 1 ''.: ii,pi MI RIM

111 461 1 us gi • -

I Eni I n

j LJ '.g 1 3,

I. r—

4q m i

I1

1 2r-4In" _ I 2'- 21/ 2'

4000k10 ._ „...'""

t e •2e 1" 15' 6 12 Pk

p 1

CENTRAL PARK

1 1--. ' LAKE.

e

PUMP

STATIONI

II PROJECT NAME TIT_ E

6 TOWN CENTER HAMPTON INN SITE ENCROACHMENTS

SCALE PROJECT NUMBER DATE I DRAWING

I" = 30' 7102 1. 30. 2020 1 Lsk_ 03

1 I 2 1 3 4 5 6 7 8 I 9 I 10 1 11 I 12 I 13

cauan seerI

LEGEND AND NOTES

d J

not L.

m\..+, •

1, • pai II5I • ----• • ___ a.

ojwR..O. iw w LL i

rm. I`wI MO..

tCksal. , ...

7) —r.,,Ai"• OW • cw. oml.

1limn!II11. Nappy. 10. rxyxy, •

I i.` fo.:> " 112 rG O. AA.)

aI' p j ( 2) 1., aria...,

I PLANT SUBSTITUTIONS REOUREAIlk,

rze Iw... iw wgyy ne... MGM( V _I' 11. 5110

WRITTEN REQUEST FROM THE

n. Iw Iapy we... o} Iy I+ ` n1a1 yye.. vro. rrouwr. ate PROPERTY OWNER, AND WRITTEN o

I nu"."" w rnyy la' w' w rcro`° I°' urr' wowAPPROVAL FROM THE CITY OF

Ol 1blwlv. anllRYn Illki 10) Nwpwocalw 1sn esa a..y.• -

OW . harpy R. pn. Po") yagar. Iiin...„,:/ ro. 100 o Iy IIIra a-

t-,w e, yu— VIRGINIA BEACH DEVELOPMENT•

0yU,IJ1. III.p -

I URRew

PwNo- \'I ,III / 10O

SERVICESPROFESSIONALDSCAPE

OrMi.

1divoi...CJ '

E. •

I___E LOCATION MAP

ro

l

G M - EE w 5

ri Ni e', f2 S ia.. o,, S1 .:" i, rtulr.. r gr1wo wywa. wr

I I ' GGI,__ ')." oa;, R

O. or.. II e. pr+

8

4— vvi OW

F

pbOI

Iionl'

t--- ""f`.. rp _ '

2 MEMaRee b

112 I O L E^ 9^^ I'

e nwca. M. w..

REISSUE FOR SPRY REVISIONS 01. 31. 2019

10 REISSUE FOR SPR V/ REVISIONS 1. 112010 1I

CD 1

N,

YRR Nat 1`""' 1I 1 m) LPrgs 94+^°£ "

6Im1a6 'OIO O M. g.. R N

EOlO- Op . PY ea. Rreo. ro, lbnvacmw qRy lwn...•

OR_ 18

O, OfQD1O I «.~ 1

3.) IO / v: 0OD JO neln. lrppy R. e.....

S REISSUE FOR SPR WASTES 1111/ 2017 Y

J1

000ppoal! QO.:`! rsrw. l Plalem a,)

wa yw IE y... ex.

9.

P

0..5,

p'R IIfOI•'+ rn, R. m. Io rogm ma> e, m•

00 O J O , 1GI.` 0 00 Y pO ORockarw S. wJ s REISSUE FOR SPR NAOMI 10.052017 . 4OfbO y0Of0 fyp , 106 j`

0: 1000 S REISSUE FOR SPR WIXOM E. 1xm1r

IyEG`O° p41.vOtilp O,• p Y• e. • OO•' 0 o"41 2N2Pcko

yRERsuE FOR SPR W. SEK RA. E01r

O,o.. 0OC141LU_ oaoo-, c._- r_n.. 000i J1 OA• l00 p jp-ptit4re 1 ISSUE FOR snE PINT REM. E. NR017

r M w meew wgm' eolasRmn0

00op00OC 00 No ISSUE OM

a a. YPy. a: aaaRr a .• ,.• M I/ r -

yGIs

o O

n. enw. Re e. a.. l r`'oo°fie, lw., e.. IIw N

P, wW..• 11010' Op008 Yo.o..,o; 0.. appy

a.,,. 0

0.1:14•+o/. O0o.. GOOD , TOWN CENTER HAMPTONINNOL L+ lRF• 99•+ e^ ...9-

0. ua.• • 0.0

y, rry. ' TOWN CENTER• VIRGINIA

BEACHAO)Lr1Pp. 9. Everga. n a... IE yse e. ot NwRwyl. f) 10. 0' a` • t/ ER+. P rwv+• 0.

iW

rsl i...ar(.

5.2wmswe MytlR

98010

n• N.+ nw. R 1...

9911Erawsr.., Ieb R+ y. e swvo O rtrw. ,CSemgc. rw. w. 011. 0. 21 Pointer• OW lwmerocallw Nappy FehR..•

n) aaaorrocro. W w aw1111ora Karl 1. 00. 0

O

Black-. y. dtWoo Rena eras) nellw Nappy Returns ogoyl

w) Fil. v. a1WO)

rLLrwi» guys'° 4••" 6IW'

R [ Xo. el A oscwnE SwpcnittctiPbpla

acan.r )

W E"'" gM'Blow I, a. eyrn

L w N

OLwlKv WU.• 010. 01i VIRGINIA. MIR

a) (1. 0SQ) Iii iL_-- e r

IE

P

R. nw•. w:„ mn. a1.

o00 000000Toz000aa: 0 0000__ - 210 QOIDQ I.a"0000•-....- 3'

lir

AtItecCAPVPIIIIMMIMM.11M aiik PLANTING PLAN R

V0`'

I

Pre).. 1 N.. O. p

Op 00 ` v R62% wrznl a

D/O,O. Y JC' ,/,.. I. W M S. RIR

q p00+>. n AI0 h L. PiwaP yr. Pa

oppp0 . yAy .. .s fw Ii In-. . Om.. No.

L3. 1 IIIIe ,

1 2 3 1 4 I 5 6 7 8 9 1O 11 12 13

THIS INSTRUMENT PREPARED BY

VIRGINIA BEACH CITY ATTORNEY' S OFFICE

Alexander W. Stiles— VSB# 41934)

EXEMPTED FROM RECORDATION TAXES

UNDER SECTION 58. 1- 811( C)( 4)

DEED OF EASEMENT

THIS DEED OF EASEMENT is made this day of 2020, by and

between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of

Virginia, ( the " City") ( to be indexed as " Grantor"), and STOKES PROPERTIES, L.L.C., a

Virginia limited liability company, ( the " Grantee") ( to be indexed as " Grantee").

WITNESSETH:

WHEREAS, the City is the owner of the real property located east of Market Street and

south of Columbus Street, in Virginia Beach, Virginia, known as GPIN: 1477- 54- 1273 and GPIN:

1477- 54- 0223 ( collectively, the" City Property");

WHEREAS, Grantee is the owner of the real property adjacent to the City Property located

at 4571 Columbus Street, Virginia Beach, Virginia 23462, and known as GPIN: 1477- 54-0273

the" Grantee Property");

WHEREAS, the Grantee has submitted to the City' s Planning Department, a Site

Development Plan ( DSC File # E07- 005892- SP) ( the " Site Plan") for the development of a hotel

on the Grantee Property;

WHEREAS, the Site Plan shall be in the form approved by the City and may include

amendments and/or modifications as may be subsequently approved by the City; and

GPINs: 1477- 54- 12731477- 54- 0223

1477- 54- 0273

1

WHEREAS, in conjunction with the development of the Grantee Property, the parties

hereto desire to establish ( i) variable width private ingress/ egress easements to create the traffic

flow preferred by the City, ( ii) a variable width private terrace easement, and ( iii) a 20' private

drainage easement as shown on the Site Plan ( collectively, the " Easements").

NOW, THEREFORE, for and in consideration of Ten Dollars($ 10.00), cash in hand paid,

the receipt and sufficiency of which is hereby acknowledged, the City does hereby grant and

convey the Easements to the Grantee, its agents, assigns and/or successors, in, under upon and

across the - City Property, including the reasonable right of ingress and egress to the same, and

more particularly described as follows:

GPIN: 1477- 54- 0223

ALL THOSE certain easements, together with the improvements

thereon, situate, lying and being in the City of Virginia Beach,Virginia, designated and described as " DENOTES PROPOSED

VARIABLE WIDTH PRIVATE TERRACE EASEMENT 810

SFT./ 0. 019 AC.)"," DENOTES PROPOSED VARIABLE WIDTH

PRIVATE INGRESS/ EGRESS EASEMENT AREA 1 ( 103 SQ.FT. / 0.002 AC.)", and " DENOTES PROPOSED VARIABLE

WIDTH PRIVATE INGRESS/ EGRESS EASEMENT AREA 2

320 SQ. FT./ 0. 007 AC.)", as shown on that certain exhibit entitled:

EXHIBIT SHOWING EASEMENTS FROM THE CITY OF

VIRGINIA BEACH TO STOKES PROPERTIES, LLC VIRGINIA

BEACH, VIRGINIA", Scale: 1" = 20', dated _ FEBRUARY 28,

2020, prepared by MSA, and attached hereto as Exhibit A.

GPIN: 1477- 54- 1273

ALL THOSE certain easements, together with the improvements

thereon, situate, lying and being in the City of Virginia Beach,Virginia, designated and described as" DENOTES PROPOSED 20'

NONEXCLUSIVE PRIVATE DRAINAGE EASEMENT ( 2, 911

SQ. FT. / 0. 067 AC.)" and " DENOTES PROPOSED VARIABLE

WIDTH NONEXCLUSIVE PRIVATE INGRESS/ EGRESS

EASEMENT( 3, 633 SQ. FT./ 0. 083 AC.)", as shown on that certain

exhibit entitled: " EXHIBIT SHOWING EASEMENTS FROM

THE CITY OF VIRGINIA BEACH TO STOKES PROPERTIES,

LLC VIRGINIA BEACH, VIRGINIA", Scale: 1" = 25', dated

FEBRUARY 28, 2020, prepared by MSA, and attached hereto asExhibit B.

2

The parties hereby further agree as follows:

1. The Grantee and its agents, assigns, and/ or successors shall have the right to inspect

the Easements and improvements thereon, and to cut and clean all undergrowth and remove other

obstructions in and along the Easements or adjacent thereto that may in any way endanger or

interfere with the proper use of same, and to make use of the adjacent property for ingress and

egress and for other activities necessary for the construction, reconstruction, alteration, operation

and maintenance of the Easements and improvements thereon.

2. The Grantor shall not be liable for any maintenance work whatsoever to the areas

encompassed by the Easements and improvements thereon, and that the Grantee shall be

responsible for all maintenance of the areas encompassed by the Easements and the improvements

thereon.

3. The Grantee hereby agrees to assume all risks in connection with the use of the

Easements and the improvements thereon, and shall be solely responsible for damage or injury, of

whatever kind or nature, to person or property, arising out of or in connection with the use of the

Easements and the improvements thereon by the Grantee and its agents, volunteers, employees,

invitees and the general public, and Grantee hereby agrees to indemnify and hold harmless the

Grantor from any and all claims, suits, losses, damages, or expenses, including reasonable

attorney' s fees, of whatever kind or nature, arising out of the use of the Easements and

improvements thereon.

4. All improvements related to the Easements shall be constructed in accordance with

the Site Plan, and the Grantee shall have the right to perform all of the demolition, grading,

construction and other work reasonably shown on the Site Plan and reasonably required in

3

connection with the construction of the improvements to or on the Easements as shown on the Site

Plan.

5. Grantee shall have the right to control access over the Easements and have

exclusive use of the improvements within the Easements, except the general public shall have the

right to lawfully use the sidewalks located within the Easements for pedestrian access to and from

the City Property.

6. Grantor shall have the right to temporarily use or relocate the Easements, at

Grantor' s sole cost and expense but without paying compensation to Grantee, should such use or

relocation be needed for a public purpose and so long as the use or relocation does not frustrate

Grantee' s enjoyment of the Easement ( including, without limitation, direct and convenient

vehicular access across City Property to/ from Market Street and Grantee' s Columbus Street

entrance drive, with three parking spaces along such access lane).

7. Grantor agrees to allow the Grantee a temporary right of entry on and over the

portions of the City Property immediately adjacent to the Easements as reasonably necessary for

the construction of the improvements depicted on the Site Plan, including the construction of the

building and other improvements on the City Property and the Grantee Property, subject to the

reasonable restrictions and limitations imposed by the City. In connection therewith, Grantee may

clear and grade, locate cranes, trucks, construction materials and other material and equipment

thereon and do those things reasonably necessary to construct and maintain the improvements

shown on the Site Plan in a good and workmanlike manner. Upon completion, Grantee shall restore

the said lands, including re- seeding, as required by the Site Plan.

4

8. Grantor and Grantee hereby acknowledge certain other rights, terms, provisions,

agreements and obligations of the parties contained in that certain Development Agreement dated

a copy of which is attached hereto as Exhibit C.

9. Each and all of the covenants, terms, provisions and agreements herein contained

shall be binding upon and inure to the benefit of the parties hereto and their respective heirs,

successors and assigns.

Signature pages to follow]

5

WITNESS the following signatures and seals:

GRANTOR:

CITY OF VIRGINIA BEACH, a municipalcorporation of the Commonwealth of Virginia

By: SEAL)

ATTEST: City Manager/ Authorized Designee

City Clerk

STATE OF VIRGINIA

CITY OF VIRGINIA BEACH, to- wit:

The foregoing instrument was acknowledged before me byCity Manager/ Authorized Designee of the City Manager of the City of Virginia Beach, thisday of 20

NOTARY PUBLIC

My Commission Expires:My Registration Number:

STATE OF VIRGINIACITY OF VIRGINIA BEACH, to- wit:

The foregoing instrument was acknowledged before me byCity Clerk/ Authorized Designee of the City Clerk of the City of Virginia Beach, thisday of 2020.

NOTARY PUBLIC

My Commission Expires:My Registration Number:

APPROVED AS TO LEGAL APPROVED AS TO CONTENT:

SUFFICIENCY AND FORM:

DEPARTMENT OF PUBLIC WORKS

CITY ATTORNEY

6

GRANTEE:

STOKES PROPERTIES, L.L.C., a Virginia limited

liability company

By: SEAL)

J. Randolph Stokes, its Manager

STATE OF VIRGINIA

CITY OF NORFOLK, to- wit:

The foregoing instrument was acknow ged before me this day of2019 by J. Randolph Stokes as Manager of St - 4 Properties, L.L.C.

ic

My commission expires:My notary number:

7

PREPARED BY VIRGINIA BEACH

CITY ATTORNEYS OFFICE( BOX 31)


UNDER SECTION 58. 1- 811( C)( 4)

ENCROACHMENT AGREEMENT

THIS AGREEMENT made this day of 2019, by and between the CITY

OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantor," City",

and STOKES PROPERTIES, L. L. C., a Virginia limited liability. company, " Grantee".

WITNESSETH:

WHEREAS, the City is the owner of the real property located east of Market Street and

south of Columbus Street, in Virginia Beach, Virginia, known as GPIN 1477- 54- 1273 and GPIN

1477- 54-0223 ( collectively, the" City Property");

WHEREAS, Grantee is the owner of the real property adjacent to the City Property located

at 4571 Columbus Street, Virginia Beach, Virginia 23462 and known as GPIN 1477- 54- 0273 ( the

Grantee Property");

WHEREAS, Grantee intends to develop the Grantee Property in accordance with Site

Development Plan entitled" Site Plan For Town Center Hampton Inn, Virginia Beach, Virginia DSC

File# E07- 005892- SP" (" Site Plan");

WHEREAS, Grantee proposes to install, construct and maintain, on a portion of the City

Property adjacent to the Grantee Property in the locations shown and described as

ENCROACHMENTS" on Exhibit A( the " Encroachment Area"), certain improvements to include a

park bench, plants and landscaping (" Temporary Encroachments"), as depicted and described on the

Site Plan; and

GPINs: 1477- 54- 1273 & 1477- 54- 0223 ( City Property)GPIN: 1477- 54- 0273 ( Grantee Property)

1

WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments

within the Encroachment Area.

NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or

to accrue to the Grantee and for the further consideration of One Dollar($ 1. 00), cash in hand paid to

the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to

use the Encroachment Area for the purpose of constructing and maintaining the Temporary

Encroachments, and in connection therewith to remove the paving, grass, trees and other vegetation

located on the City Property as shown on the Site Plan.

It is expressly understood and agreed that the Temporary Encroachments will be constructed

and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia

Beach, and in accordance with the City' s specifications and approvals as shown in the Site Plan, and

more particularly shown and described on Exhibit A.

It is further expressly understood and agreed that the Temporary Encroachments herein

authorized terminate upon notice by the City to the Grantee, and that within thirty( 30) days after such

notice is given, the Temporary Encroachments shall be removed from the Encroachment Area by the

Grantee; and that the Grantee will bear all costs and expenses of such removal.

It is further expressly understood and agreed that the City, upon revocation of the authority and

permission so granted herein, may remove the Temporary Encroachments and charge the cost thereof

to the Grantee, and collect the cost in any manner provided by law for the collection of local or state

taxes; may require the Grantee to remove the Temporary Encroachments; and if such removal shall

not be made within the time ordered hereinabove by this Agreement, the City may charge the Grantee

for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the

land so occupied if it were owned by the Grantee and the City may impose a penalty in the sum of One

Hundred Dollars ($ 100. 00) per day for each and every day that the Temporary Encroachment is

2

allowed to continue thereafter, and may collect such compensation and penalties in any manner

provided by law for the collection of local or state taxes.

It is further expressly understood and agreed that nothing herein shall prohibit the City from

immediately removing, or ordering the Grantee to remove, all or any part of the Temporary

Encroachments from the Encroachment Area in the event of an emergency or public necessity, and the

Grantee shall bear all costs and expenses of such removal.

It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless,

and defend the City, its agents and employees, from and against all claims, damages, losses and

expenses, including reasonable attorney' s fees, if it is necessary for the City to file or defend an action

arising out of the construction, location or existence of the Temporary Encroachments.

It is further expressly understood and agreed that nothing herein contained shall be construed

to enlarge the permission and authority granted to the Grantee for the maintenance or construction of

any encroachment other than as specified herein and to the limited extent specified herein, nor to permit

the maintenance and construction of any encroachment by anyone other than the Grantee and its

representatives. Notwithstanding the foregoing, it is the intention of the parties that the Grantee shall

have the right to perform and complete all of the work shown on the Site Plan, and it is expressly

understood that the Grantee shall have the right to demolish and remove trees, shrubs, undergrowth,

paving and other improvements located on the City' s Property as shown on the Site Plan, to cut, fill

and grade on the City' s Property as shown on the Site Plan and to perform all of the work and install

all of the improvements as shown on the Site Plan. It is further expressly understood and agreed

that the Grantee shall maintain the Temporary Encroachments in a commercially reasonable condition

and so as not to become unsightly or a hazard.

3

It is further expressly understood and agreed that the Grantee agrees that no open cut of the

public roadway will be allowed except under extreme circumstances. Requests for exceptions must be

submitted to the Highway Operations Division of the Department of Public Works, for final approval.

It is further expressly understood and agreed that the Grantee must obtain a permit from the

Civil Inspections Division of the Department of Planning prior to commencing any construction within

the Encroachment Area( the " Permit").

It is further expressly understood that any existing encroachments referenced in the Site Plan,

Exhibit A or this Agreement are the ongoing maintenance obligation of the Grantee and the City

disclaims any ownership interest or maintenance obligation of such encroachments.

It is further expressly understood and agreed that prior to issuance of a right- of-way/ utility

easement Permit, the Grantee must post a bond or other security, in the amount of two times their

engineer' s cost estimate, to the Department of Planning to guard against damage to City property or

facilities during construction

It is further expressly understood and agreed that the Grantee shall obtain and keep in effect

liability insurance, with the City as a named insured, in an amount not less than Five Hundred Thousand

Dollars($ 500, 000. 00), per person injured and property damage per incident, combined, with the City

listed as an additional insured. The company providing the insurance must be registered and licensed

to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements

providing at least thirty( 30) days' written notice to the City prior to the cancellation or termination of,

or material change to, any of the insurance policies. The Grantee assumes all responsibilities and

liabilities, vested or contingent, related to the construction, location, and/ or existence of the Temporary

Encroachments.

It is further expressly understood and agreed that the Grantee must submit for review and

approval, a survey of the Encroachment Area, certified by a registered professional engineer or a

4

licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered

professional engineer, if required by either the Department of Public Works City Engineer' s Office or

the Engineering Division of the Department of Public Utilities.

IN WITNESS WHEREOF, Stokes Properties, L.L.C., a Virginia limited liability company, has

caused this Agreement to be executed by its signature, and, further, the City of Virginia Beach has

caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be

hereunto affixed and attested by its City Clerk.

Signature pages to follow]

5

CITY OF VIRGINIA BEACH, a municipalcorporation of the Commonwealth of Virginia

By: SEAL)

City Manager/Authorized Designee

STATE OF VIRGINIA

CITY OF VIRGINIA BEACH, to-wit:

The foregoing instrument was acknowledged before me this day of 2019,by CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITYMANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf He/ She is personallyknown to me.

Notary PublicNotary Registration Number:My Commission Expires:

ATTEST:

City Clerk/ AuthorizedDesignee of the City Clerk

STATE OF VIRGINIA


The foregoing instrument was acknowledged before me this day of 2019,

by CITY CLERK/ AUTHORIZED DESIGNEE OF THE CITY CLERKOF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/ she is personally known to me.

Notary Public

Notary Registration Number:My Commission Expires:

APPROVED AS TO CONTENT APPROVED AS TO FORM

DEPARTMENT OF PUBLIC WORKSCITY ATTORNEY

6

STOKES PROPERTIES, L.L.C.,

a Virginia limited liability company

By: SEAL)

Printed Name: J. Randolph StokesIts: Manager

STATE OF VIRGINIA

CITY OF to-wit:

The foregoing instrument was acknowledged before me this day of 2019,

by J. Randolph Stokes, Manager of Stokes Properties, L.L.C., a Virginia limited liability company whois personally known to me.

Notary Registration

114My Commission Exp k

7

ormemmr,

R ce

LOCATION MAPa.

aa..,z

4553- 4558 Ili

CA t 4S32 4554

ST-i. 4.560- 45913 COLUMBUS S1

Owner: City of Virginia BeachGPIN: 1477- 54- 0223)

4670

1111Owner: Stokes Properties, LLC

GPIN: 1477- 54- 0273)

81 1,11 4571 COLUMBUS ST

11I 11 4571

1r

I— Owner: City of Virginia Beach i on MARKET ST

GPIN: 1477- 54- 1273)

It100

1,

2 Abandn mart R . I..

Virginia Beach

APPLICANT' S NAME Stokes Properties, L. L. C.

DISCLOSURE STATEMENT FORM

The completion and submission of this form is required for all applicationsthat pertain to City real estate matters or to the development and/ or use ofproperty in the City of Virginia Beach requiring action by the City Council ora board, commission, or other body appointed by the City Council. Such

applications and matters include, but are not limited to, the following:

Acquisition of Property Disposition of City Modification of

by City Property Conditions or Proffers

Alternative Economic DevelopmentNonconforming Use

Compliance, Special Investment ProgramChanges

Exception for EDIP)

Board of Zoning Encroachment Request RezoningAppeals

Certificate of Floodplain Variance

Appropriateness Street Closure

Historic Review Board) Franchise Agreement

Chesapeake BayPreservation Area Lease of City Property Subdivision Variance

Board

Conditional Use Permit License Agreement Wetlands Board

The disclosures contained in this form are necessary to inform

public officials who may vote on the application as to whetherthey have a conflict of interest under Virginia law,

SECTION 1 / APPLICANT DISCLOSURE

FOR CITY USE ONLY/ All disclosures must be updated two( 2) weeks prior to any Page 1 of 7

Planning Commission and City Council meeting that pertains to the application( s).

APPLICANT NOTIFIED OF HEARING DATE:

NO CHANGES AS OF DATE: 1/6/ 090 ailLREVISIONS SUBMITTED DATE:

ur-gof

Virginia Beach

Li Check here if the APPLICANT IS NOT a corporation, partnership, firm,

business, or other unincorporated organization.

nCheck here if the APPLICANT IS a corporation, partnership, firm, business, orother unincorporated organization.

A) List the Applicant' s name: Stokes Properties, L. L. C.If an LLC, list all member' s names:

J. Randolph Stokes, sole member and manager

If a CORPORATION, list the the names of all officers, directors, members,

trustees, etc. below: ( Attach list if necessary)

B) List the businesses that have a parent- subsidiary1

or affiliated business entity2

relationship with the Applicant: ( Attach list if necessary)

None.

See next page for information pertaining to footnotes and2

SECTION 2 / PROPERTY OWNER DISCLOSURE

Complete Section 2 only if property owner is different from Applicant.

n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm,business, or other unincorporated organization.

Check here if the PROPERTY OWNER IS a corporation, partnership, firm,business, or other unincorporated organization, AND THEN, complete the

following.

A) List the Property Owner' s name:If an LLC, list the member' s

names:

Page 2 of 7

ity of

Virginia Beach

If a Corporation, list the names ofall officers, directors, members, trustees,etc. below: ( Attach list if necessary)


or affiliated business entity

2relationship with the Property Owner: ( Attach list if necessary)

1 " Parent- subsidiary relationship" means " a relationship that exists when one corporation directly orindirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, Va. Code § 2. 2- 3101.

2 "Affiliated business entity relationship" means " a relationship, other than parent- subsidiary

relationship, that exists when ( i) one business entity has a controlling ownership interest in the otherbusiness entity, ( ii) a controlling owner in one entity is also a controlling owner in the other entity, oriii) there is shared management or control between the business entities. Factors that should be

considered in determining the existence of an affiliated business entity relationship include that thesame person or substantially the same person own or manage the two entities; there are common orcommingled funds or assets; the business entities share the use of the same offices or employees or

otherwise share activities, resources or personnel on a regular basis; or there is otherwise a closeworking relationship between the entities." See State and Local Government Conflict of Interests Act,

Va. Code § 2. 2- 3101.

SECTION 3. SERVICES DISCLOSURE

Are any of the following services being provided in connection with the subject of theapplication or any business operating or to be operated on the Property. If the answerto any item is YES, please identify the firm or individual providing the service: IF THE

OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION

SEPERATELY

Page 3 of 7

3APPLICANT Virginia Beach

YES NO SERVICEPROVIDER ( use additional sheets if

needed)

v Accounting and/ or preparer ofWall, Einhorn & Chernitzer, P. C.

your tax return

Architect / Landscape Architect / Ann P. Stokes Landscape Architects

Land Planner

Contract Purchaser ( if other than

the Applicant) - identify purchaserand purchaser' s service providers

Any other pending or proposed Town Center Hotel, LLC: owned by

v n purchaser of the subject propertyStokes Properties, LLC ( landowner)

identify purchaser( s) and and TC Hotel, LLC ( Shamin Hotels)

purchaser' s service providers)

I I x Construction Contractors

Engineers / Surveyors/ Agents MSA, P. C.

Financing ( include current Towne Bank ( being considered)

I I

mortgage holders and lenders

selected or being considered toprovide financing for acquisitionor construction of the property)

Stokes Law Group/ Sykes Bourdon7 Legal Services

Real Estate Brokers /

CI IAgents/ Realtors for current and

anticipated future sales of the

subject property

t

SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR

EMPLOYEE

YES NO Does an official or employee of the City of Virginia Beach have

Xan interest in the subject land or any proposed developmentcontingent on the subject public action?

If yes, what is the name of the official or employee and what is the nature of theinterest?

Page 4 of 7

ir ,")c5ry or

Virginia Beach

CERTIFICATION:

I certify that all of the information contained in this Disclosure Statement Form iscomplete, true, and accurate.

I understand that, upon receipt of notification that the application has beenscheduled for public hearing, I am responsible for updating the information

provided herein two weeks prior to the Planning Commission, Council, VBDAmeeting, or meeting of any public body or committee in connection with thisApplication.

Randolph Stokes, as Manager02/ 10/ 2020

JRstok s( Fe , 2020> of Stokes Properties, L. L. C.

APPLICANT' S SIGNATURE PRINT NAME DATE

Page 5 of 7

city y,

OWNER Virginia Beach

YES NO SERVICE PROVIDER ( use additional sheets ifneeded)

I^ IAccounting and/ or preparer of

Wall, Einhorn & Chernitzer, P. C.

your tax return

X I IArchitect / Landscape Architect / Ann P. Stokes Landscape Architects

Land Planner


1 1 x the Applicant) - identify purchaserand purchaser' s service providers

Any other pending or proposed Town Center Hotel, LLC: owned byI1 purchaser of the subject property

Stokes Properties, LLC ( landowner)

17 I identify purchaser( s) and and TC Hotel, LLC ( Shamin Hotels)


IConstruction Contractors

I Engineers / Surveyors/ Agents MSA, P. C.

Financing ( include current Towne Bank ( being considered)

xmortgage holders and lenders


x n Legal Services Stokes Law Group/ Sykes Bourdon


n Agents/ Realtors for current and


subject property


EMPLOYEE


Kan interest in the subject land or any proposed developmentcontingent on the subject public action?

If yes, what is the name of the official or employee and what is the nature of the

interest?

Page 6 of 7

Ity of

Virginia Beach

CERTIFICATION:


I understand that, upon receipt of notification that the application has been

scheduled for public hearing, I am responsible for updating the informationprovided herein two weeks prior to the Planning Commission, Council, VBDAmeeting, or meeting of any public body or committee in connection with thisApplication.

J. Randolph Stokes, as Managerof Stokes Properties, L. L. C.

02/ 10/ 2020

JRStokes( Fe , 2o2oj

PROPERTY OWNER' S SIGNATURE PRINT NAME DATE

Page 7 of 7

sZqajZKti

NOTICE OF PUBLIC HEARING

On May 19, 2020, at 6:00 p. m.. in theCouncil Chamber, City Hall( Building

1) Virginia Beach Municipal Center,

the City Council will hold a publichearing concerning the award of non-exclusive scooter franchises to Bird

Rides Inc. ( Bird), Neutron Holdings

Inc. ( Lime), Skinny Labs Inc. ( Spin),and VeoRide Inc. ( Veo). The

maximum term of each such

franchise is five years. The

ordinances to award these franchises

have been previously advertised atleast twice. In lieu of inspection at

the office of the City Clerk, theordinances are posted at:

https:// www. vbgov. com/ governmentdepartments/ com m u n ications-

off ice/ hot-topics/ Pages/ E- Scooter-Guidelines. aspx


hearing should follow a two- step

process provided below:Register for the WebEx at:


nstage/ g.php? MTI D= e952e53cae0057870661fb1a581cec0d0


by calling( 757) 385- 4303 or viaemail at ABarnes@vbgov. com prior

to 6: 00 p. m. on May 19, 2020

If you are physically disabled orvisually impaired and need

assistance at this meeting, pleasecall the CITY CLERKS OFFICE at 385-

4303; Hearing Impaired call 711.


participate.

Amanda Barnes, MMC

City Clerk

Beacon: Sunday, May 10, 2020

sySb!

r •

by % g

PUBLIC NOTICE

The Virginia Beach City Council will hold a

PUBLIC HEARING at 6:00 P.M. on May 19.2020, in the Council Chamber, City Hall

Building # 1) Virginia Beach Municipal

Center, regarding fourteen proposed caféfranchise agreements for City- owned

property located at the following locations:

1. 812 Atlantic Avenue to Kamales,

Inc., t/ a 9. Street Grill Cafe, for anAtlantic Avenue Sidewalk Café

2. 1011 Atlantic Avenue to 11. Street

Tap House LLC, t/ a 11. StreetTaphouse Bar and Grille Cafe, for aBoardwalk Café

3. 1011 Atlantic Avenue to 11. Street

Tap House LLC, t/ a 11. StreetTaphouse Bar and Grille Cafe, for a

Connector Park Cafe4. 200 21" Street to Calabrese

Management Group, Inc., Va Albie' sPizza Café, for an Atlantic Avenue

Side Street Café5. 706 Atlantic Avenue to A. C. A.

Corporation, t/ a Black Angus Café,for an Atlantic Avenue Sidewalk Café

6. 3001 Atlantic Avenue to 3001Atlantic, LLC, t/ a Catch 31 Café, fora Boardwalk Cafe

7. 2410 Atlantic Avenue to Virginia

George Co., Inc., t/ a Dough Boys

Café, for an Atlantic Avenue

Sidewalk Café

8. 3315 Atlantic Avenue to 3315Atlantic, LLC, t/ a Lagerheads Café,

for a Boardwalk Café

9. 3315 Atlantic Avenue to 3315Atlantic, LLC, t/ a Lagerheads Café,

for a Connector Park Cafe

10. 2501 Atlantic Avenue to Crestline

Hotels& Resorts, LLC, Va MarriottCourtyard Café, for a Boardwalk

Café

11. 812 Atlantic Avenue to Planet Pizza,

Inc., Va Planet Pizza Cafe, for anAtlantic Avenue Sidewalk Café

12. 1601 Atlantic Avenue to Rock Fish

Sea Grill, LLC, Va Rockfish Café, fora Boardwalk Café

13. 1601 Atlantic Avenue to Rock Fish

Sea Grill, LLC, t/ a Rockfish Cafe, fora Connector Park Café

14. 2014 Atlantic Avenue to VB' S Raw

Bar, Inc., Va Seaside Raw Bar Café,for an Atlantic Avenue Sidewalk Café

The purpose of the hearing will be to obtainpublic comment on the proposed franchise

agreements on City property. Copies of thefranchise agreements are on file in the CityClerk' s office.

Any citizen wishing to make commentsvirtually during the public hearing shouldfollow a two- step process provided below:


https:// vbgov. webex. com/ vbgov/ onstage/

g.php?MTID=e952e53cae0057870661fb1a581cecOd0

Register with the City Clerk' s Office by

calling ( 757) 385-4303 or via email atABarnes@vbeov. com prior to 6:00 p. m. on

May 19, 2020

Any questions concerning the above-referenced franchises should be directed to

Kathleen Warren, SGA Office, by calling757) 385- 2901.

If you are physically disabled or visuallyImpaired and need assistance at this

meeting, please call the CITY CLERKSOFFICE at 385- 4303; Hearing impaired call711.


participate.

Amanda Barnes

City ClerkBeacon: May 10, 2020

I. FORMAL SESSION AGENDA

1. CONSENT AGENDA

J. ORDINANCES/ RESOLUTIONS

1. Ordinance to AUTHORIZE the City Manager to EXECUTE a Long- Term Ground Lease fora portion of City- Owned property located off North Great Neck Road to T- Mobile Northeast,LLC re maintaining and operating wireless telecommunications facilities

2. Ordinance to DECLARE the properties located at 228 Shipps Lane and 206 Bob Lane to bein EXCESS of the City' s needs and AUTHORIZE the City Manager to sell the properties tothe adjoining property owners

3. Ordinances to GRANT a Non- Exclusive Franchises re operate scooters in the public streetsand rights- of-way to:



c. Skinny Labs, Inc., ( Spin)


4. Ordinance to GRANT fourteen( 14) Franchise Agreements re Open Air Cafés in the ResortArea:

a. 3001 Atlantic LLC, t/ a Catch 31 Café re Boardwalk Café at 3001 Atlantic Avenueb. 3315 Atlantic, LLC, t/ a Lagerheads Café re Boardwalk Café at 3315 Atlantic Avenuec. 3315 Atlantic, LLC, t/ a Lagerheads Café re Connector Park Café at 3315 Atlantic

Avenue

d. Kamales, Inc., t/ a 9th Street Grill Café re Atlantic Avenue Sidewalk Café at 812Atlantic Avenue

e. Calabrese Management Group, Inc., t/a Albie' s Pizza Café re Atlantic Avenue SideStreet Café at 200 21st Street

f. A. C. A. Corporation, t/ a Black Angus Café re Atlantic Avenue Sidewalk Café at 706

Atlantic Avenue



h. Crestline Hotels & Resorts, LLC, t/ a Marriot Courtyard Café re Boardwalk Café at


i. Planet Pizza, Inc., t/ a Planet Pizza Café re Atlantic Avenue Sidewalk Café at 812Atlantic Avenue

j. Rock Fish Sea Grill, LLC, t/ a Rockfish Café re Connector Park Café at 1601 Atlantic

Avenue

k. Rock Fish Sea Grill, LLC, t/ a Rockfish Cafe re Boardwalk Cafe at 1601 Atlantic

Avenue

1. VB' S Raw Bar, Inc., t/a Seaside Raw Bar Café re Atlantic Avenue Sidewalk Café at2014 Atlantic Avenue

m. 1 lth Street Tap House, LLC, t/a l lth Street Taphouse Bar and Grille Café re BoardwalkCafé at 1011 Atlantic Avenue

n. 1 lth Street Tap House, LLC, t/a l lth Street Taphouse Bar and Grille Café re ConnectorPark Café at 1011 Atlantic Avenue

5. Ordinances to AUTHORIZE the City Manager to EXECUTE a Sponsorship Agreement reSomething in the Water, LLC (Deferred from March 3, 2020)— STAFF RECOMMENDS

THESE ITEMS BE WITHDRAWN AS THIS EVENT WAS CANCELLED

a. $ 250, 000 from the TIP ( approved in the FY2019- 20 Operating Budget) and in- kindcontributions ( Alternative 1 — Staff Proposal)

b. $ 250, 000 ( approved in the FY2019- 20 Operating Budget), in-kind contributions, and

TRANSFER$ 250, 000 from the TIP Fund - Reserve for Contingencies to FY2019- 20Convention and Visitors Bureau Operating Budget ( Alternative 2— Requested byMayor Dyer, Vice Mayor Wood and Council Members Berlucchi, Rouse, Tower,

Wilson, and Wooten)

6. Ordinance to AUTHORIZE the City Manager to EXECUTE an agreement with the VirginiaBeach School Board re use of school buses during the Something in the Water Festivaland APPROPRIATE $ 250, 000 in estimated reimbursements - STAFF RECOMMENDS

THIS ITEM BE WITHDRAWN AS THIS EVENT WAS CANCELLED

7. Resolution to DIRECT the City Manager Study the Commercial Property Assessed CleanEnergy( C- PACE) Program and CONSIDER the feasibility and desirability ofimplementation of a C- PACE Program for Virginia Beach( Requested by Council MembersAbbott and Berlucchi)

8. Resolution to ADOPT a Reforestation Policy( Requested by City Council)

9. Ordinance to EXTEND the Sunset Date to April 5, 2021, re residential permit parking inthe Historic Cavalier Shores Neighborhood

10. Ordinance to AUTHORIZE temporary encroachments into a portion of City Property knownas:

a. Bass Inlet West at the rear of 2900 Wood Duck Drive re construct and

maintain a proposed boat lift with a roof and, relocate a floating dock

b. Lake Wesley at the rear of 464 Southside Road re construct andmaintain a wood floating dock, aluminum ramp, boat lift and four (4)mooring piles

11. Resolutions to REQUEST the Virginia Department of Transportation( VDOT) ACCEPT:

a. additional streets for Urban Maintenance Payments

b. corrections to the road inventory for Urban Maintenance Payments

12. Ordinance to ESTABLISH CIP# 5- 159 " Public Utilities Office Space Acquisition and

Improvements— Water" and CIP# 6- 159 " Public Utilities Office Space Acquisition and

Improvements— Sewer" and TRANSFER $ 2. 1 Million from the Water and Sewer Enterprise

Fund re public utilities space consolidation and build- out effort

13. Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement between theCity, the F- 14 Tomcat Monument Association, and the Hampton Roads Squadron, TheAssociation of Naval Aviation Inc., re F- 14 Tomcat Monument at 25th Street and

Boardwalk; and, AUTHORIZE the City Manager to ACCEPT the Monument uponcompletion

14. Ordinance to APPROPRIATE $ 258, 000 from Police Federal & State Seized Assets Special

Revenue Fund to the FY2019-20 Police Department Operating Budget re purchaseequipment and training- STAFF REQUESTS THIS ITEM BE WITHDRAWN AS

THEY WILL RE-SUBMIT IN THE NEXT FISCAL YEAR

15. Ordinances to ACCEPT and APPROPRIATE:

a. $ 58, 000 from the Virginia Department of Emergency Management ( VDEM)to the FY 2019-20 Emergency Management Operating Budget re conduct aregional Hazard Identification and Risk Assessment

b. $ 201, 556 from the Federal Emergency Management Agency ( FEMA) to theFY2019- 20 Fire Department Operating Budget re costs for mobilization ofVirginia Task Force 2 Urban Search and Rescue team members to Puerto

Rico to assist areas impacted by multiple earthquakes

16. Ordinances to TRANSFER from the General Fund Reserve for Contingencies:

a. $ 177,466 to the FY2019-20 Department of Public Health Operating Budget refunding requirement for shared Public Health Office

b. $ 373, 537 to the FY2019-20 Voter Registration and Elections re funding forthe June 2020 Primary

TV,tip]

CITY OF VIRGINIA BEACH

AGENDA ITEM

ITEM: An Ordinance to Authorize the City Manager to Execute a Long- term GroundLease for a Portion of City-owned Property Located off North Great NeckRoad to T- Mobile Northeast, LLC for the Purpose of Maintaining andOperating Wireless Telecommunications Facilities

MEETING DATE: May 19, 2020

Background: This item was advertised for action on April 7, 2020, but the

meeting was cancelled due to the pandemic. Since 2010, the City has leased a portionof property located off North Great Neck Road to T-Mobile Northeast, LLC for purposesof maintaining equipment used in conjunction with certain personal wireless

telecommunication facilities placed on an existing Dominion Energy (" Dominion")

transmission tower ( the " Tower"). The most recent lease will expire on March 24, 2020,

and T- Mobile Northeast, LLC (" T- Mobile") has entered into a lease with Dominion for

use of the Tower, and desires to enter into a new ground lease with the City to maintainits facilities.

Considerations: The proposed lease is for a 25' X 25' area on which theequipment associated with the wireless antenna is located ( the " Premises"). The lease

will further grant T- Mobile the right of ingress and egress to access the Site. The

proposed lease is for a term of five ( 5) years. The proposed first- year rent is17, 987. 70.

Public Information: Since the lease term is in excess of 5 years, the invitation

to bid and the public hearing was advertised in two successive weeks, both items inaccordance with applicable requirements of law.

Alternatives: Approve lease, modify terms, or deny leasing of the Premises.

Recommendations: Adoption of ordinance

Attachments: Ordinance, Summary of Terms


Submitting Department/ Agency: Public Works/ Facilities Management

City Manager: Ti L_,

1

2 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO

3 EXECUTE A LONG- TERM GROUND LEASE FOR A

4 PORTION OF CITY- OWNED PROPERTY LOCATED OFF

5 NORTH GREAT NECK ROAD TO T- MOBILE NORTHEAST,

6 LLC FOR THE PURPOSE OF MAINTAINING AND

7 OPERATING WIRELESS TELECOMMUNICATIONS

8 FACILITIES

9

10 WHEREAS, the City of Virginia Beach ( the " City") is the owner of certain property11 located off of North Great Neck Road ( the " Property"); and

12

13 WHEREAS, T- Mobile Northeast, LLC (" T- Mobile") has entered into a lease

14 agreement with Dominion Energy for attachment of T-Mobile' s equipment to the15 transmission tower ( the " Tower") owned by Dominion and located on the Property; and16

17 WHEREAS, T-Mobile desires to lease from the City a 25' x 25' portion of the18 Property adjacent to the Tower ( the " Premises"), together with the right of ingress and

19 egress to access the Premises, for the installation, maintenance and replacement of

20 necessary equipment associated with the wireless facilities; and21

22 WHEREAS, the City' s lease of the Premises would allow T-Mobile to continue and23 enhance its operation of certain facilities for the purpose of providing wireless24 telecommunications services to the general public.25

26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF

27 VIRGINIA BEACH, VIRGINIA:

28

29 That the City Manager is hereby authorized to execute a lease for a term of five (5)30 years between T- Mobile Northeast, LLC for the Site, in accordance with the Summary of31 Terms attached hereto as Exhibit A and made a part hereof, and such other terms,32 conditions or modifications as may be acceptable to the City Manager and in a form33 deemed satisfactory by the City Attorney.

Adopted by the Council of the City of Virginia Beach, Virginia, on the day of2020.

APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:

Public orks/ Facilities Management City Attorney Office

CA15021

R- 1

March 10, 2020

EXHIBIT A

SUMMARY OF TERMS

Ground Lease for T-Mobile Northeast, LLC

Location: 25' x 25' parcel off North Great Neck Road

Lessee: T- Mobile Northeast, LLC

Premises: 25' x 25' site, together with the right of ingress and egress necessaryto access the site.

Use: T-Mobile will maintain and operate wireless telecommunications

facilities located on Dominion Energy(" Dominion") transmission tower

the "Tower").

Term: Five ( 5) year term.

Rent: 17, 987. 70 for the first year, paid within thirty ( 30) days of the

Effective Date.

Insurance: Lessee must maintain Commercial General Liability insurance in theamount of $ 1 , 000, 000, in addition to other liability insurances asrequired by Risk Management.

Termination: Lease may be terminated upon sixty (60) days' written notice to theother party for reasons as stated in the lease.

Other: Lessee required to remove facilities and restore site to original

condition upon expiration or termination of lease. Lessee posted7, 000 security deposit for removal of the facilities.

IN

4WCITY OF VIRGINIA BEACH

AGENDA ITEM

ITEM: An Ordinance declaring the properties located at 228 Shipps Lane ( GPIN 2417-25- 7591) and 206 Bob Lane ( GPIN 2407- 75- 1034) to be in excess of the City' sneeds and authorizing the City Manager to sell the properties to the adjoiningproperty owners


Background:

As part of the APZ- 1 Use and Acquisition Plan adopted December 20, 2005, theCity of Virginia Beach acquired 228 Shipps Lane on March 27, 2015 for $ 180, 000

and 206 Bob Lane on February 3, 2014 for $ 177, 000 ( collectively, the

Properties"). At the time of acquisition, the Properties were improved with

residential dwellings that have since been demolished.

Sandra Jones owns and resides in 229 St. Pauls Street. She proposes topurchase the adjacent ( to the rear) City- owned parcel located at 228 ShippsLane ( 5, 951± SF) for $ 5, 951 ($ 1/ SF).

Jason Feuerhahn owns 200 Bob Lane and Fernando Mancuello- Blanco and

Mindy L. Mancuello own and reside at 208 Bob Lane. They propose to divide theCity-owned parcel located at 206 Bob Lane ( 10, 016± SF), and the adjacent

neighbors will each pay $ 5, 008 ($ 1/ SF) to purchase their respective adjacenthalf.

The City will resubdivide the Properties to incorporate each lot with the

respective purchaser' s lot and eliminate interior lot lines.

This item was originally part of the agenda for the City Council' s March 17, 2020formal meeting, but that meeting was cancelled due to the Governor' s COVID- 19Pandemic state of emergency declaration on March 12, 2020.

Considerations:

The Properties will be sold with a deed restriction that prevents any new dwellingunits from being constructed. The APZ- 1 Disposition Committee reviewed the

Properties and determined that they should be sold to the adjoining propertyowners. These sales would enhance the surrounding neighborhood of each saleand reduce density. Three dwelling units will be permanently removed.

The adjacent owners' offers of $ 1/ square foot are in compliance with previoussales of excess City property in the APZ- 1 area that were not building sites. TheCity has received a deposit from each purchaser in the amount of $ 2, 500 ($ 7, 500

total). The remaining purchase price of $ 8, 467 will be paid at settlement by therespective purchasers.

If the City retains the Properties, the City must pay to maintain the lots, an

estimated annual cost of $ 1, 260 ($ 630/ lot).

Public Information:

Advertisement of the public hearing as required by Section 15. 2- 1800 Code ofVirginia and public notice via the normal City Council agenda process.

Alternatives:

Retain ownership of the Properties.

Recommendations:

Approval.

Revenue restrictions: The City funded the acquisition of the Properties througha grant partnership with the Commonwealth of Virginia. The proceeds from thesale of the Properties in the amount of $ 15, 967 will be received, and fifty percent50%) of the amount will deposited for appropriation in future Capital

Improvement Program capital budgets in Capital Improvement Project 9- 059, and

Interfacility Traffic Area Conformity and Acquisition II, and fifty percent ( 50%) will

be deposited for future payment by the City Manager to refund the

Commonwealth of Virginia' s portion in accordance with the grant agreement.

Attachments: Ordinance, Exhibit A, Summary of Terms, Location Maps andDisclosure Statements

Recommended Action: Approval of the ordinance

Submitting Department/ Agency: Public Works

City Manager: ! i/t((,

1 AN ORDINANCE DECLARING THE

2 PROPERTY LOCATED AT 228 SHIPPS LANE

3 GPIN 2417- 25- 7591) AND 206 BOB LANE

4 GPIN: 2407- 75- 1034) TO BE IN EXCESS OF

5 THE CITY' S NEEDS AND AUTHORIZING

6 THE CITY MANAGER TO SELL THE

7 PROPERTIES TO ADJOINING PROPERTY

8 OWNERS

9

10 WHEREAS, the City of Virginia Beach ( the " City") is the owner of those

11 certain parcels of land located at 228 Shipps Lane and 206 Bob Lane ( collectively, the12 " Properties") more particularly described on Exhibit " A" attached hereto and made a13 part hereof;14

15 WHEREAS, the City acquired the Properties pursuant to the APZ- 116 Acquisition Program;

17

18 WHEREAS, the City funded the acquisition of the Properties through a19 partnership with the Commonwealth of Virginia ( the " Commonwealth"), with each party20 contributing fifty percent ( 50%) of the funds;

21

22 WHEREAS, the Properties are in the midst of other residences and at the

23 time of acquisition were improved with either single-family or duplex homes;24

25 WHEREAS, adjoining property owners have requested to purchase the26 Properties in order to utilize them in a manner compatible with the APZ- 1 Ordinance;

27

28 WHEREAS, adjoining property owners desire to purchase the Properties in29 accordance with the Summary of Terms attached hereto as Exhibit " B" and made a part3 0 hereof;

31

32 WHEREAS, the APZ- 1 Disposition Committee has recommended that City33 Council declare the Properties to be in excess of the City' s needs and sell the34 Properties to adjoining property owners; and35

36 WHEREAS, the City Council is of the opinion that the Properties are in37 excess of the needs of the City of Virginia Beach.38

39 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY

40 OF VIRGINIA BEACH, VIRGINIA:41

42 That the Properties located at 228 Shipps Lane and 206 Bob Lane are

43 hereby declared to be in excess of the needs of the City of Virginia Beach and that the44 City Manager is hereby authorized to execute any documents necessary to convey the45 Properties to adjoining property owners in accordance with the Summary of Terms46 attached hereto as Exhibit " B" and such other terms, conditions or modifications as

47 may be acceptable to the City Manager and in a form deemed satisfactory by the City48 Attorney.49

50 Further, that revenue from the sale of the Properties in the amount of51 $ 15, 967 shall be received, and fifty percent ( 50%) of this amount shall be deposited for52 appropriation in future Capital Improvement Program capital budgets in Capital

53 Improvement Project 9- 059, Oceana Interfacility Traffic Area Conformity & Acquisition II,

54 and fifty percent ( 50%) shall be deposited for future payment by the City Manager to55 refund the Commonwealth of Virginia' s portion in accordance with the grant agreement.56

57 This Ordinance shall be effective from the date of its adoption.58

59 Adopted by the Council of the City of Virginia Beach, Virginia, on the

60 day of 2020.

CA14674

R- 1

02/ 28/ 2020

APPROVED AS TO

CONTENTAPPROVED AS TO CONTENT

Public Works udget & anagement Services

APPROVED AS TO LEGAL

SUFFICIENCY

City t or ey' s Offic

EXHIBIT " A"

GPIN: 2417- 25- 7591 ( 228 Shipps Lane)

ALL THAT certain lot, piece or parcel of land, located in Oceana

Gardens, near Oceana, in the Lynnhaven Magisterial District

formerly Princess Anne County), City of Virginia Beach, Virginia,known, numbered and designated on plat of lots laid out by RoySmith by J. H. Milholland, Surveyors, which plat is duly recordedClerk' s Office of the Circuit Court of the City of Virginia Beach,Virginia in Map Book 7, at page 73, as Lot Fourteen ( 14), said lot

fronting Fifty ( 50) feet on a street Thirty ( 30) feet wide and runningback between parallel lines One Hundred Twenty feet. The plat oflots is a subdivision of lots Forty- Nine ( 49) and Fifty ( 50) on the platof Oceana Gardens.

RESERVING UNTO THE CITY all right, title and interest of the Cityin and to any and all easements, rights of way, private roads andother rights of access, ingress and/ or egress adjacent to appurtenant

to or in any way benefiting the City and/ or public.

IT BEING a portion of the same property conveyed to the City ofVirginia Beach by deed from Paschmann Karimi, dated March 16,2015 and recorded in the Clerk' s Office of the Circuit Court of the

City of Virginia Beach, Virginia as Instrument Number

201500327000265350.

GPIN 2407- 75- 1034 ( 206 Bob Lane)

ALL THAT certain lot, piece or parcel of land, together with thebuildings and improvements thereon, belonging, lying and situate inthe City of Virginia Beach, Virginia, and known, numbered and

designated as Lot Fifty ( 50) as shown on that certain plat entitled,WEST OCEANA GARDENS, PRINCESS ANNE CO., VA.," which

said plat is recorded in the Clerk' s Office of the Circuit Court of theCity of Virginia Beach, Virginia in Map Book 25, at page 83.

RESERVING UNTO THE CITY all right, title and interest of the Cityin and to any and all easements, rights of way, private roads andother rights of access, ingress and/ or egress adjacent to appurtenant

to or in any way benefiting the City and/ or public.

IT BEING a portion of the same property conveyed to the City ofVirginia Beach by deed from Andrew Scott Himes and Elisa Himes,dated January 15, 2014 and recorded in the Clerk' s Office of theCircuit Court of the City of Virginia Beach, Virginia as InstrumentNumber 20140203000094700.

1

EXHIBIT " B"

SUMMARY OF TERMS

PROPERTY LOCATED AT 228 SHIPPS LANE

SELLER: City of Virginia Beach

BUYER: Sandra Jones (owner of 229 St. Pauls Street)

PROPERTY: 5, 951± square feet of property known as 228 Shipps LaneGPIN: 2417-25- 7591)

LEGAL DESCRIPTION: See Exhibit " A" to Ordinance

SALES PRICE: $ 5, 951 . 00

CONDITIONS OF SALE:

Property is purchased " As is, Where is."Buyer has been advised of APZ- 1 restrictions for use.

Buyer may use the Property for accessory structures, or Buyer mayotherwise utilize the property for construction in conjunction with heradjacent property upon resubdivision to remove interior lot lines;however, Buyer may not add any new dwelling units.Seller shall resubdivide the Property with the Buyer' s adjacent propertyat Seller' s expense to vacate interior lot lines.

Seller will reserve any fee in the streets and any easements necessaryfor public purposes.Seller will record deed restrictions permanently preventing new dwellingunits prior to or simultaneous with conveyance.

Closing shall be on or before March 31, 2022.

PROPERTY LOCATED AT 206 BOB LANE

SELLER: City of Virginia Beach

BUYERS: 1) Jason Feuerhahn, owner of 200 Bob Lane ( southern half,

adjacent to 200 Bob Lane)

2) Fernando Mancuello- Blanco and Mindy Mancuello, owners of208 Bob Lane ( northern half, adjacent to 208 Bob Lane)

PROPERTY: 10, 016± square feet of property known as 206 Bob LaneGPIN: 2407- 75- 1034)

LEGAL DESCRIPTION: See Exhibit " A" to Ordinance

SALES PRICE: 10, 016. 00 ($ 5, 008 to be paid by each Buyer)

1

CONDITIONS OF SALE:

Property is purchased "As is, Where is."Buyers have been advised of APZ- 1 restrictions for use.

Buyers may use the Property for accessory structures, or Buyers mayotherwise utilize the property for construction in conjunction with theiradjacent property upon resubdivision to remove interior lot lines;however, Buyers may not add any new dwelling units.Seller shall resubdivide the Property with the Buyers' adjacent

properties at Seller' s expense to create a northern and southern portionof the Property, but otherwise to vacate interior lot lines.Seller will reserve any fee in the streets and any easements necessaryfor public purposes.Seller will record deed restrictions permanently preventing new dwellingunits prior to or simultaneous with conveyance.

The sale is conditioned upon both Buyers' purchase of the respectiveone- half of the Property.Closing shall be on or before March 31, 2022.

2

3/ 4/ 2020

1 1 tiii. . .. N. '‘-.N,, 1 I •— .,„ ,'

rR _.` fart, T' 4tt '- ltV.,YNW .. Irip '

2417 25. 7591

r~

R o ar

1

tf1

a i Etad5 I F 9 ht

0/ rP IF 1 VW ' —

re

4., .

LOCATION MAP

elem..

e

tt...% 241. 164°-BRAC PROPERTYtili•`- -

n, i CITY PROPERTY

Legend 1. 228 SHIPPS LANE

City PropertiesGPIN 2417- 25- 7591

i• 4 a _ Feet

Q2an-zs- 7591 r 4• - 1 0 50 100 200

RENVlepeledt4 PW. 7: rq. Erq_ Su{ gPRMereggil X, iitUGlNDF MAPS` GY PrPPM. I'/. 15] SDI

r-.4411t

rt_

zom \ 4.—

jiillik' F ' `

Pa ,,, ree It

i

r ..—i _t

a

ip Amy r

e

01ri _.. - ,, r•

4•

LOCATION MAP

BRAG PROPERTY

t 111 i ! CITY PROPERTY

Legend 206 BOB LANE

Caty props tiesp. GPIN 2407- 75- 1034

Q2407- 75 1034 it Feet

Ix.:_. ` 0 50 100 200

epe •. 1'.'• NI p. , App. .-- - u •'• XXAWWPV* SIAIC FMUOENOR MAPSWAy PropertyZC7- 7, 1034Renel

1

A/13Virginia Beach

APPLICANT' S NAME -


The completion and submission of this form is required for all applications

that pertain to City real estate matters or to the development and/ or use ofproperty in the City of Virginia Beach requiring action by the City Council ora board, commission, or other body appointed by the City Council. Suchapplications and matters include, but are not limited to, the following:



Alternative Economic DevelopmentCompliance, Special Investment Program

Nonconforming Use

Exception for EDIP) Changes

Board of ZoningAppeals

Encroachment Request Rezoning

Certificate of Floodplain VarianceAppropriateness Street Closure



Board



public officials who may vote on the application as to whether

they have a conflict of interest under Virginia law.


FOR CITY tJSE ONtY! A' t 4srlcs., rrs must he updated twn( 2) weeks prior to any Page 1 of 5ri or ;. nr,. t the apphcationls)

Q APPLICANT NOTIFIED OF HE. ARIN(, DALE

O NO CHANGES AS OF DATE

REVISIONS SUBh1I7 TED DATE.

lk/BVirginia Beach

57 Check here if the APPLICANT IS NOT a corporation, partnership, firm,business, or other unincorporated organization.

2 Check here if the APPLICANT IS a corporation, partnership, firm, business, orother unincorporated organization.

A) List the Applicant' s name:

If an LLC, list all member' s names:

If a CORPORATION, list the the names of all officers, directors, members,trustees, etc. below: ( Attach list if necessary)

B) List the businesses that have a parent- subsidiaryI



See next page for information pertaining to footnotes and 2



Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm,business, or other unincorporated organization.


following.


names:

Page 2 of S

L

Ank

Virgin ia Beach


B) List the businesses that have a parent- subsidiary or affiliated business entity

2

relationship with the Property Owner: ( Attach list if necessary)

t " Parent- subsidiary relationship" means " a relationship that exists when one corporation directly orindirectly owns shares possessing more than 50 percent of the voting power of another corporation'See State and Local Government Conflict of Interests Act. Va. Code§ 2. 2- 3101.

2 " Affiliated business entity relationship" means " a relationship, other than parent- subsidiaryrelationship, that exists when( i) one business entity has a controlling ownership interest in the otherbusiness entity.( ii) a controlling owner in one entity is also a controlling owner in the other entity, oriii) there is shared management or control between the business entities. Factors that should be

considered in determining the existence of an affiliated business entity relationship include that the

same person or substantially the same person own or manage the two entities; there are common or

commingled funds or assets, the business entities share the use of the same offices or employees or

otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close

working relationship between the entities." See State and Local Government Conflict of Interests Act,Va Code§ 2. 2- 3101.

o


Are any of the following services being provided in connection with the subject of theapplication or any business operating or to be operated on the Property. If the answerto any item is YES, please identify the firm or individual providing the service: IF THEOWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTIONSEPERATELY

Page 3 of 5

NIBVirginia Beach

FY-1ES1 FIN10] bERVICE rPROVIneeded)

DER fuse additional sheets if '

L ,

ID a Accounting and/ or preparer ofyour tax return

O 13 Architect/ Landscape Architect/Land Planner

Contract Purchaser( o_tb_ertjAiri

O LA the Applicant)- identify purchaser

and purchaser' s service providersAny other pending or proposed

a Ea purchaser of the subject propertyidentify purchaser( s) and


O [ 37 Construction Contractors

El 0 Engineers/ Surveyors/ Agents

Financing( include current

O , mortgage holders and lenders

1--- 1 selected or being considered toprovide financing for acquisitionor construction of the property)

a Er Legal Services IIIIIIIIIIIIIIIIIIIReal Estate Brokers/

0 Eg. Agents/ Realtors for current andanticipated future sales of thesub' ect . mien

SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OREMPLOYEE

YES NO I Does------an official o-------r employee o----

7—f the Cityof Vir inia—Bea—ch have

CIan interest in the subject land or any proposed

gdevelopment

El/ contingent on the subject public action?


Page 4 of 5

1\

1BVirginia Beach

CERTIFICATION:I certify that all of the information contained in this Disclosure Statement Form iscomplete, true, and accurate.

I understand that, upon receipt of notification that the application has beenscheduled for public hearing, I am responsible for updating the informationprovided herein two weeks prior to the Planning Commission, Council, VBDAmeeting, or meeting of any public body or committee in connection with thisA licati n.

StF k Jaw. s 9Mw` I9APPLICANT' S SI N TURE

PRINT NAMEDATE

NAME gill DATEPROPERTY" OWNER S SIGNATURE PRINT

Page 5 of 5

t! L a1

Virginia Beach

APPLICANT' S NAME r G..)e 4r-LANIN I bper r L ( L






Alternative Economic DevelopmentNonconforming UseCompliance, Special Investment Program


Board of ZoningEncroachment Request RezoningAppeals

Certificate of Floodplain VarianceAppropriateness Street ClosureHistoric Review Board) Franchise Agreement

Chesapeake BayPreservation Area Lease of City Property Subdivision VarianceBoard






FOR CITY USE ONLY/ All disclosures must be updated two( 2) weeks prior to any Page 1 of 5Planning Commission and City Council meeting that pertains to the application( s).

APPLICANT NOTIFIED OF HEARING DATE.

NO CHANGES AS OF DATE

REVISIONS SUBMITTED DATE:

6Virginia Beach

Check here if the APPLICANT IS NOT a corporation, partnership, firm,


Check here if the APPLICANT IS a corporation, partnership, firm, business, orother unincorporated organization. fl C











fig— Check here if the PROPERTY OWNER IS a corporation, partnership, firm,business, or other unincorporated organization, AND THEN. complete the

following.

A) List the Property Owner' s name: u1 r' f Tlit' (

If an LLC, list the member' s

names:

Page 2 of 5

VBVirginia Beach

If a Corporation, list the names ofall officers, directors, members, trustees,

etc. below: ( Attach list if necessary)

B) List the businesses that have a parent- subsidiary or affiliated business entity2


Parent- subsidiary relationship" means " a relationship that exists when one corporation directly orindirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, Va. Code § 2. 2- 3101.

2 "Affiliated business entityrelationship" means " a relationship, other thanp, parent- subsidiary

relationship, that exists when ( i) one business entity has a controlling ownership interest in the other

business entity, ( ii) a controlling owner in one entity is also a controlling owner in the other entity, oriii) there is shared management or control between the business entities. Factors that should be

considered in determining the existence of an affiliated business entity relationship include that thesame person or substantially the same person own or manage the two entities; there are common or

commingled funds or assets; the business entities share the use of the same offices or employees or


working relationship between the entities." See State and Local Government Conflict of Interests Act,

Va. Code § 2. 2- 3101.



OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION

SEPERATELY

Page 3 of 5

Virginia Beach


Accounting and/ or preparer ofyour tax return

Architect/ Landscape Architect /

Land Planner



Any other pending or proposedpurchaser of the subject propertyidentify purchaser( s) and


Construction Contractors

Engineers / Surveyors/ Agents

Financing ( include currentmortgage holders and lenders


Legal Services


Agents/ Realtors for current and


subject property


EMPLOYEE

YES NO Does an official or employee of the City of Virginia Beach havean interest in the subject land or any proposed developmentcontingent on the subject public action?


interest?

Page 4 of 5

Virginia Beach

CERTIFICATION:


I understand that, upon receipt of notification that the application has beenscheduled for public hearing, I am responsible for updating the informationprovided herein two weeks prior to the Planning Commission, Council, VBDAmeeting, or meeting of any public body or committee in connection with thisApplication.

k>c-%,r\-,v-vi\



Page 5 of 5

Virginia Beach

APPLICANT' S NAME Cerockr)AankrAckE1iQ61esana rn man,, tito


The completion and submission of this form is required for all applicationsthat pertain to City real estate matters or to the development and/ or use ofproperty in the City of Virginia Beach requiring action by the City Council ora board, commission, or other body appointed by the City Council. Suchapplications and matters include, but are not limited to, the following:



Alternative Economic DevelopmentNonconforming UseCompliance, Special Investment ProgramChanges

Exception for EDIP)





t

The disclosures contained in this form are necessary to informpublic officials who may vote on the application as to whether

they have a conflict of interest under Virginia law.4 e




NO CHANGES AS OF DATE:


Virginia Beach



Check here if the APPLICANT IS a corporation, partnership, firm, business, orother unincorporated organization.

A) List the Applicant' s name:_ 1 C x 1Cznc) Q6lAr ,( 2ma` udt-' 1IO








D Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm,business, or other unincorporated organization.

Check here if the PROPERTY OWNER IS a corporation, partnership, firm,business, or other unincorporated organization, AND THEN, complete thefollowing.


names:

Page 2 of 5

411)

Virginia Beach












Va. Code § 2. 2- 3101.



OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTIONSEPERATELY

Page 3 of 5

ty 4

r

Virginia Beach


2/ Accounting and/ or preparer ofyour tax return N'

Er Architect / Landscape Architect/

Land Planner N\


the Applicant) - identify purchaserand purchaser' s service providers A) IF'\

Any other pending or proposed

d purchaser of the subject propertyidentify purchaser( s) and

purchaser' s service providers) AJ

r Construction Contractors N

L2 Engineers / Surveyors/ Agents N if\Financing ( include current

mil/ mortgage holders and tendersUU selected or being considered to

provide financing for acquisition I P

or construction of the property)

E Legal Services N)c\Real Estate Brokers /

Rx Agents/ Realtors for current and


subject property


EMPLOYEE


ff an interest in the subject land or any proposed developmentcontingent on the subject public action?


interest? I\;

Page 4 of 5

11.3Virginia Beach

CERTIFICATION:



r 79 Q( nc..,, N\ O" nrue VLCS5V- r. c0 11 5\ t o nAP A IGNATURE PRINT NAME DA E


Page 5 of 5

6 s


ITEMS: Ordinances Granting Non- exclusive Franchises to Operate Scooters in thePublic Streets and Rights- of-Way of the City to Bird Rides, Inc., Neutron

Holdings, Inc., Skinny Labs, Inc., and VeoRide, Inc.


Background: After an influx of scooters, the City Council tasked staff with thedevelopment of a stakeholder group to review shared mobility services. The staff

conducted extensive outreach among various interested groups and providedperiodic briefings to the Council. The most recent briefing was provided onJanuary 7, 2020, and the staff presented an outline of its solicitation of proposalsfrom scooter companies. The focus of the requirements in the solicitation was

safety and technology, which will allow scooters to operate among other mobilityoptions and minimize conflicts. The request for proposals was posted onJanuary 14, 2020, and responses were due February 12, 2020. These

ordinances were originally proposed for action by the Council at its March 17thmeeting, but the meeting was cancelled due to the COVID- 19 Pandemic.

Considerations: The City staff evaluated the proposals, and staff recommendsthe award of four nonexclusive franchise licenses to operate scooters in the City.Each franchise is for an initial one- year term with the mutual option to renew forup to four additional one- year terms. Each franchise has a summary of termsattached to it describing the number of scooters and other relevant terms. Also

attached hereto is a draft of the franchise agreement and exhibits. The franchise

agreement will be in substantial conformity to this draft.

Public Information: Public notice regarding the award of franchises was twiceadvertised. In anticipation of the Council resuming its meetings, an additionaladvertisement was placed for a public hearing to be held during the May 19,2020 Formal Session.

Recommendations: Authorize the nonexclusive franchises.

Attachments: Disclosure Statements ( 4), Ordinances ( 4), Summaries of Terms

4); Draft Franchise Agreement and Exhibits


Submitting Department: Office of the City Manager

City Manager: / 1/1/I1..

1 AN ORDINANCE GRANTING A NON- EXCLUSIVE2 FRANCHISE TO OPERATE SCOOTERS IN THE3 PUBLIC STREETS AND RIGHTS- OF- WAY OF THE4 CITY TO BIRD RIDES, INC.

5

6 WHEREAS, Bird Rides, Inc., doing business as Bird, (" Bird") desires to operate a

7 scooter rental business in the City' s streets and public rights-of-way;8

9 WHEREAS, the City solicited proposals for scooter companies, and upon review10 of the proposals submitted, the City staff recommends award of a franchise license to11 Bird subject to the terms and conditions set forth in the summary of terms attached hereto12 as Exhibit A and made a part hereof ( the " Summary of Terms") and in substantial

13 conformity with the draft franchise agreement provided to City Council for the March 17,14 2020 agenda.

15


18

19 That the City Council hereby authorizes the City Manager to execute a non-20 exclusive franchise agreement with Bird, in accordance with the Summary of Terms, and21 such other terms, conditions or modifications, as may be acceptable to the City Manager22 and in a form deemed satisfactory by the City Attorney.

Adopted by the Council of the City of Virginia Beach, Virginia, on this dayof 2020.


SUFFICIENCY:

City Manage«_ ice Ci y rney' s Office

CA15005

R- 2

March 9, 2020

EXHIBIT A

BIRD RIDES, INC

FRANCHISE AGREEMENT

SUMMARY OF TERMS

Parties: City of Virginia Beach (" City") and

BIRD RIDES, INC. (" Bird")

Term: Initial term of one ( 1) year, with four ( 4) additional renewalterms of one ( 1) year each. Extensions are not automatic.

Extension must be in writing and signed by each party.

Franchise Cap: 250 scooters, subject to Special Term, below.

Regulations: Implementation and compliance with safety plan, technical

requirements, maintenance plan, data management plan,staffing plan/ organizational structure and related regulations.

Fees: Annual Franchise Fee $ 50 per scooter subject to franchise.Initial Franchise Start- up Fee of$ 5, 000 per franchise.

Scooter Use Fee of fifty cents ($ 0. 50) per scooter per daynote: the fee is based on the number of scooters actually

deployed each day).

Termination: Bird must remove its devices upon termination of the

franchise. The City can terminate without cause with 30 days'notice. In the event of violations of law, safety or healthstandards, the franchise can be terminated immediately.

Insurance: Workers' Compensation ( not less than $ 500, 000);

Commercial General Liability ( not less than $ 1 million peroccurrence and a $ 5 million aggregate), City named asadditional insured; Automobile Liability ( min. $ 2 million

combined single limit; or Bodily Injury $ 1 million per person,2 million accident and property damage $ 100, 000 each

accident)

Special Term: The Franchise Cap may be administratively increased in anamount of not more than 20% at the request of Franchisee for

a duration not longer than 30 days. Any requested approvalabove 20% to be forwarded to City Council.

1 AN ORDINANCE GRANTING A NON- EXCLUSIVE

2 FRANCHISE TO OPERATE SCOOTERS IN THE

3 PUBLIC STREETS AND RIGHTS- OF- WAY OF THE

4 CITY TO NEUTRON HOLDINGS, INC.

5

6 WHEREAS, Neutron Holdings, Inc., doing business as Lime, (" Lime") desires to

7 operate a scooter rental business in the City' s streets and public rights-of-way;8

9 WHEREAS, the City solicited proposals for scooter companies, and upon review10 of the proposals submitted, the City staff recommends award of a franchise license to11 Lime subject to the terms and conditions set forth in the summary of terms attached hereto12 as Exhibit A and made a part hereof ( the " Summary of Terms") and in substantial


15



18

19 That the City Council hereby authorizes the City Manager to execute a non-20 exclusive franchise agreement with Lime, in accordance with the Summary of Terms, and21 such other terms, conditions or modifications, as may be acceptable to the City Manager22 and in a form deemed satisfactory by the City Attorney.



SUFFICIENCY:

City Manager Office City Attcey' s Office

CA15007

R- 2

March 9, 2020

EXHIBIT A

NEUTRON HOLDINGS, INC. ( d/ b/ a LIME)

FRANCHISE AGREEMENT

SUMMARY OF TERMS


NEUTRON HOLDINGS, INC. d/ b/ a LIME (" Lime")




Regulations: Implementation and compliance with safety plan, technicalrequirements, maintenance plan, data management plan,

staffing plan/ organizational structure and related regulations.

Fees: Annual Franchise Fee $ 50 per scooter subject to franchise.Initial Franchise Start- up Fee of$ 5, 000 per franchise.Scooter Use Fee of fifty cents ($ 0. 50) per scooter per daynote: the fee is based on the number of scooters actually

deployed each day).

Termination: Lime must remove its devices upon termination of the





accident)



1 AN ORDINANCE GRANTING A NON- EXCLUSIVE2 FRANCHISE TO OPERATE SCOOTERS IN THE3 PUBLIC STREETS AND RIGHTS- OF- WAY OF THE4 CITY TO SKINNY LABS, INC.

5

6 WHEREAS, Skinny Labs, Inc., doing business as Spin, (" Spin") desires to operate7 a scooter rental business in the City' s streets and public rights- of-way;8

9 WHEREAS, the City solicited proposals for scooter companies, and upon review10 of the proposals submitted, the City staff recommends award of a franchise license to11 Spin subject to the terms and conditions set forth in the summary of terms attached hereto12 as Exhibit A and made a part hereof ( the " Summary of Terms") and in substantial


15


18

19 That the City Council hereby authorizes the City Manager to execute a non-20 exclusive franchise agreement with Spin, in accordance with the Summary of Terms, and21 such other terms, conditions or modifications, as may be acceptable to the City Manager22 and in a form deemed satisfactory by the City Attorney.



SUFFICIENCY:

City Marna is Office Cit ey' s Office

CA15006

R- 2

March 9, 2020

EXHIBIT A

SKINNY LABS, INC d/ b/ a SPIN

FRANCHISE AGREEMENT

SUMMARY OF TERMS


SKINNY LABS, INC. (" Spin")




Regulations: Implementation and compliance with safety plan, technicalrequirements, maintenance plan, data management plan,staffing plan/ organizational structure and related regulations.

Fees: Annual Franchise Fee $ 50 per scooter subject to franchise.Initial Franchise Start- up Fee of$ 5, 000 per franchise.Scooter Use Fee of fifty cents ($ 0. 50) per scooter per daynote: the fee is based on the number of scooters actually

deployed each day).

Termination: Spin must remove its devices upon termination of the





accident)



1 AN ORDINANCE GRANTING A NON- EXCLUSIVE2 FRANCHISE TO OPERATE SCOOTERS IN THE

3 PUBLIC STREETS AND RIGHTS- OF- WAY OF THE4 CITY TO VEORIDE, INC.

5

6 WHEREAS, VeoRide, Inc., doing business as Veo, (" Veo") desires to operate a7 scooter rental business in the City' s streets and public rights- of-way;8

9 WHEREAS, the City solicited proposals for scooter companies, and upon review10 of the proposals submitted, the City staff recommends award of a franchise license to11 Veo subject to the terms and conditions set forth in the summary of terms attached hereto12 as Exhibit A and made a part hereof ( the " Summary of Terms") and in substantial


15


18

19 That the City Council hereby authorizes the City Manager to execute a non-20 exclusive franchise agreement with Veo, in accordance with the Summary of Terms, and21 such other terms, conditions or modifications, as may be acceptable to the City Manager22 and in a form deemed satisfactory by the City Attorney.



SUFFICIENCY:

42 -,_..__S__64......... -.....-:_____

City Manager' s Office CityAttor s 0 ice

CA15008

R- 2

March 9, 2020

EXHIBIT A

VEORIDE, INC d/ b/ a VEO

FRANCHISE AGREEMENT

SUMMARY OF TERMS


VEORIDE, INC. (" Veo")

Term: Initial term of one ( 1) year, with four ( 4) additional renewal

terms of one ( 1) year each. Extensions are not automatic.



Regulations: Implementation and compliance with safety plan, technicalrequirements, maintenance plan, data management plan,staffing plan/ organizational structure and related regulations.

Fees: Annual Franchise Fee $ 50 per scooter subject to franchise.

Initial Franchise Start- up Fee of $5, 000 per franchise.Scooter Use Fee of fifty cents ($ 0. 50) per scooter per daynote: the fee is based on the number of scooters actually

deployed each day).

Termination: Veo must remove its devices upon termination of the





accident)



FRANCHISE AGREEMENT DRAFT March 9, 2020

FRANCHISE LICENSE AGREEMENT

This AGREEMENT ( the " Agreement"), dated the day of 2020, is entered into byand between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the

Commonwealth of Virginia( the" City") and the" Franchisee").

RECITALS

Whereas, the City issued a request for proposals for nonexclusive franchisesto operate a scooterbusiness within the City; and

Whereas, Franchisee submitted proposal to the City requesting a franchise of 250 scooters; and

Whereas, the City Council of the City has authorized execution of this Agreement, which may bereferred to as the Franchise or the License herein.

WITNESSETH

That for and in consideration of mutual promises set forth herein, and for other good and valuableconsideration, the receipt and sufficiency of which are hereby acknowledged, the City and theFranchisee hereby agree as follows:

A. Term of Agreement

This Agreement shall commence on 2020 and continue thereafter for one year.

B. Contract Extension

Upon mutual written agreement of all parties and based on the original contract terms andconditions, this Agreement may be extended up to four( 4) additional one( 1) year periods.Extensions shall not be automatic and any and all extensions shall by written agreementand signed by both parties in the same manner as the Agreement was executed.

C. Compliance with Proposal Submittal

The Franchisee shall implement and comply with a safety plan, maintenance plan, datamanagement plan, staffing plan/ organizational structure submitted to the City with theFebruary 12, 2020 RFP Submittal upon which this Agreement was awarded. The

Franchisee shall comply with the technical requirements that were Exhibit A to the RFPSubmittal and Exhibit A to this Agreement. Exhibit A is attached hereto and incorporated

herein.

D. Schedule of Franchise Fees

1. The annual franchise fee is required for each franchise, and the franchise may allow up to250 scooters. The annual fee shall equal $ 50 per scooter subject to the franchise andpaid at the time of execution of the Agreement. If the number of scooters is increased

pursuant to Section E. 2, the annual franchise fee shall not increase.

1


2. The initial franchise is a one- time, start- up fee, to be paid at the time of execution of theAgreement, which the City intends to pay for design, fabrication, installation andmaintenance of signs and stenciled scooter corrals and other enforcement requirements

is $ 5, 000 per franchise.

3. Scooter Franchise Use Fee:

a) Fifty cents ($ 0. 50) per scooter per day as a use fee, which shall be invoiced to theFranchisee and paid upon the date provided in such invoice. Revenues from said usefee will be directed toward improving bikeways and trails infrastructure within the Cityof Virginia Beach. If the number of scooters is increased pursuant to Section E. 2, theScooter Franchise Use Fee shall increase by the number of scooters for the numberof days of such increase.

E. Modification

1. There may be no modification of any resulting Contract, except in writing, executed by theauthorized representatives of the City and the Franchisee.

2. Increase to franchise scooter cap and/ or waiver of scooter limit in Resort Area may occurin the following circumstances:

a) The franchisee makes a written request to the City' s point of contact set forth in SectionNN. to increase the franchise scooter cap and/ or waive the scooter limit in the ResortArea. This request shall state the quantity requested, reason for the request, durationof such request, and acknowledge such request requires an increase in the Scooter

Franchise Use Fee.

b) The City' s contact may administratively approve the request provided the request doesnot increase the cap by more than 20% above the approved franchise or the duration

of such request exceeds 30 days. Any such approval will be communicated to the CityCouncil through the regular distribution of materials from the City Manager to theCouncil.

c) The City Council retains approval for any such request that exceeds 20% of the

approved franchise or duration exceeds 30 days.

F. Company Personnel Standards

1. Personnel shall be trained/ qualified to perform requested services. If any of the successfulOfferor' s personnel are not satisfactory in the performance of services to be furnishedhereunder in a proper manner and satisfactory to the City, the Franchisee shall removeany such personnel and replace them with satisfactory personnel.

2. Franchisee shall use all reasonable care, consistent with its rights to manage and control

its operations, not to employ any persons or use any labor or have any equipment orpermit any condition to exist which shall or may cause or be conducive to pose any liabilityto the general public as well as any activity to be construed as a nuisance. The City retainsthe right to require the Franchisee to halt all work activities until such conditions are

resolved.

2


3. If the Franchisee uses contracted or 1099 workers to complete the work required for the

program, the Franchisee shall forward to the City a list of active contracted or 1099workers quarterly.

G. Prompt Remediation of Issues and Problems

The Franchisee shall promptly respond to and remediate the following issues:a) Scooter blocking sideway

b) Scooter prone

c) Scooter blocking drainage or other easement

d) Scooter parked in roadway median

The Franchisee is encouraged to deploy automatic sensor technology to identify the aboveissues. Notwithstanding the use of automatic sensors, the Franchisee shall respond andremediate upon notification of the above issues within 30 minutes of the Franchisee shall

be subject to the $ 50 liquidated damage in the following section. The City may waive theliquidated damage if the Franchisee provides an explanation for the failure to timelyrespond to the City within the required 30 minutes, and the City provides such waiver inwriting.

H. Violations/ Liquidated Damages

The Franchise may be revoked and scooters removed from the City upon five( 5) violationsof any clause of the Franchise Agreement. The City, in its sole discretion, may waive anysuch violation for purposes of the five violations in the previous sentence, if the Franchiseeprovides written assurances that the violation has been cured. Any Franchisee that hasan agreement revoked pursuant to this section shall not reapply to the City fora franchisefor a period of 365 days from the date of revocation.

The City may impose a liquidated damage of fifty dollars($ 50) for any scooter that is foundoperating in one of the prohibited zones. Currently, the prohibited zones are: TheBoardwalk and parallel bike path of the Resort Area; Town Center( see Exhibit B TownCenter No Parking / No Riding Scooter Geofence Area ), Mount Trashmore Park, the

portions of the Shore Drive Corridor( see Exhibit C Shore Drive Corridor No Parking/ NoRiding Geofence Area ( Yellow highlighted) and streets ( interior of edge of pavement toedge of pavement) of roadways with speed limits greater than 25 miles per hour. The Citymay add or subtract prohibited zones with 30 days' written notice to the Franchisee.Additionally, the Franchisee shall coordinate with the City' s Special Events Office toaddress restrictions when there is a special event— such as a road race — that requires a

durational limit to certain streets within the City.

If the City impounds a scooter for any reason, the cost to release such scooter fromimpoundment will be minimum of$ 10 and subject to any applicable per- day charge. Anyliquidated damage or impoundment fee will be invoiced by the City to Franchisees in thesame manner as the City invoices use fees.

3


I. Scooter limits in Designated Pedestrian Zones

Of the total eight hundred ( 1, 000) City- wide scooter limit, a maximum of forty percent( orour hundred ( 400) scooters total), shall be permitted to be parked or rented at any giventime in the Resort Area as defined by the Resort Area Strategic Growth Area boundarymap ( see Exhibit D Resort Area Strategic Growth Area Geofence - 40% inventorymaximum).

Accordingly, 40% of the scooters authorized by a franchise may be allowed in the ResortArea at any given time, and exceeding the 40% limit may result in impoundment.

J. Inventory Replacement

When a Franchisee is introducing a new model of scooters that improve rider safety andexperience, the Franchisee' s inventory of scooters in the City shall be replaced within 30days of that Franchisee' s press release introducing the scooter to the nationwide market

K. Identifying Marking on Scooter

The Franchisee shall cause to be affixed upon each device a marking or identifiable labelthat is of such size to be readable when traveling at speeds of up to 15 mph.

L. Speed Limits on Motorized Scooters

Motorized scooters shall be limited to 15 mph where they are permitted except foradditional limits as follows:

1. No greater than 10 mph on Atlantic Avenue ( entire length — Rudee Inlet to 40th Street)

a) No greater than 10 mph on Cape Henry Trail

b) All sidewalks where riding is permitted, no greater than 10 mph.

M. Parking

1. Resort Area— Any parking of scooters in the Atlantic Avenue — Pacific Avenue corridors

between Rudee Inlet and 42nd Street) of the public rights- of-way shall be in parkingcorrals as designated by the City. The available spaces in such corrals will be dictated bythe available space, and the number of scooters shall be clearly marked at the corral. TheFranchisee will incentive and/ or penalize renters to park in designated corrals in the ResortArea. Examples of Resort Area parking corrals and associated improvements aredepicted in Exhibit E Example of Scooter Parking Corrals outside of the Resort Area.Outside the Resort Area, parking is to be in permitted areas of public rights of way, wherefour scooters may be parked together.

2. Parking Prohibited Areas — No device shall be parked in the medians or pavement of aroadway. The aforementioned areas are required by City Code to be maintained by theadjacent property owner or by the City and parking of devices in the aforementioned arcxinhibit that maintenance. At certain designated areas the Franchisee shall work with the

City to incentive and/ or penalize renters to park in designated corrals created at key

4


locations for safety and aesthetic purposes. Examples of those other parking corrals andassociated improvements are depicted in Exhibit F Example of Scooter Parking Corraloutside of the SGA Resort Area.

N. Scooter User Agreements

Any Franchisee shall agree that users in the City shall not be required to waive liability aspart of user agreements.

O. Reporting Requirements

The Franchisee shall make available real- time and archival information for their entire

Shared Mobility Device fleet within the City consistent with the data plan included in theFranchisee' s proposal. Franchisee agrees that City- approved third- party provider mayhost vehicle location and trip data for the purposes of providing the City with analytics tosupport transportation policy and planning. Notwithstanding the contents of Franchisee'sproposal, the Franchisee shall provide the City with all crash and injury data for suchoccurrences in the City.

P. User Surveys

The Franchisee shall make available to the City the opportunity to survey users providedsuch surveys will not occur more than two times in a calendar year. The City' s role in suchsurvey will be limited to expressing a desire to have up to five questions answered. The

final form of such survey and the delivery to users will be in the discretion of theFranchisee. The Franchisee shall promptly report the results to the City' s requestedquestions.

Q. Termination with Cause/ Default/ Cancellation

In the event that Franchises shall for any reason or through any cause be in default of theterms of this Agreement, the City may give Franchisee written notice of such default bycertified mail/ return receipt requested at the address set forth in association contract or in

the Franchisee' s RFP response.

Unless otherwise provided, Franchisee shall have ten ( 10) days from the date such noticeis mailed in which to cure the default. Upon failure of Franchisee to cure the default, the

City may immediately cancel and terminate this Agreement as of the mailing date of thedefault notice.

Upon termination, Franchisee shall withdraw its personnel and equipment, ceaseperformance of any further work under the Agreement, and turn over to the City any workin process for which payment has been made.

In the event of violations of law, safety or health standards and regulations, this Agreementmay be immediately cancelled and terminated by the City and provisions herein withrespect to opportunity to cure default shall not be applicable.

5


R. Nondiscrimination

Employment discrimination by Franchisee shall be prohibited. During the performance ofthis Agreement, Franchisee agrees as follows:

1. Franchisee will not discriminate against any employee or applicant for employmentbecause of race, religion, color, sex, national origin, age, disability, or any otherbasis prohibited by state law relating to discrimination in employment, exceptwhere there is a bona fide occupational qualification/ consideration reasonablynecessary to the normal operation of Franchisee. Franchisee agrees to post inconspicuous places, available to employees and applicants for employment,

notices setting forth the provisions of this nondiscrimination clause.

2. Franchisee, in all solicitations or advertisements for employees placed by or onbehalf of Franchisee, will state that Contractor is an equal opportunity employer.

3. Notices, advertisements and solicitations placed in accordance with federal law,rule or regulations shall be deemed sufficient for the purpose of meeting therequirements of this section.

4. Franchisee will include the provisions of the foregoing Sections 1, 2, and 3 in everysubcontract or purchase order of over $ 10, 000, so that the provisions will bebinding upon each subcontractor or vendor.

S. Drug Free Workplace

During the performance of this Agreement, Franchisee agrees as follows:

1. Franchisee will provide a drug- free workplace for Franchisee' s employees.

2. Franchisee will post in conspicuous places, available to employees and applicantsfor employment, a statement notifying employees that the unlawful manufacture,sale, distribution, dispensation, possession, or use of a controlled substance ormarijuana is prohibited in Franchisee' s workplace and specifying the actions thatwill be taken against employees for violations of such prohibition.

3. Franchisee will state in all solicitations or advertisements for employees placed byor on behalf of Franchisee that Franchisee maintains a drug- free workplace.

4. Franchisee will include the provisions of the foregoing Sections 1, 2, and 3 in everysubcontract or purchase order of over $ 10, 000, so that the provisions will bebinding upon each subcontractor or vendor.

T. Faith Based Organizations

The City of Virginia Beach does not discriminate against Faith- Based Organizations.

6


U. Compliance with Immigration Laws

Franchisee does not currently, and shall not during the performance of this Agreement,knowingly employ an unauthorized alien, as defined in the federal Immigration Reformand Control Act of 1986.

V. Business Entity Registration

Foreign and domestic businesses authorize to transact business in the Commonwealth.

The Franchisee shall be registered and authorized to transact business in the

Commonwealth as a domestic or foreign business entity if so required by Title 13. 1 or Title50 or as otherwise required by law. The Franchisee shall submit proof of such registrationto the City. Additionally, the Franchisee shall not allow its existence to lapse or itscertificate of authority or registration to transact business in the Commonwealth, if sorequired under Title 13. 1 or Title 50, to be revoked or canceled at any time during the termof the contract.

W. Exclusivity

The City reserves the right to procure goods or services covered under this contract froma third party when, in the City' s sole discretion, it is deemed to be in the City' s best interest

X. Compliance with All Laws

Franchisee shall comply with all federal, state and local statutes, ordinances, andregulations now in effect or hereafter adopted, in the performance of scope of work setforth herein. Franchisee represents that it possesses all necessary licenses and permitsrequired to conduct its business and will acquire any additional licenses and permitsnecessary for performance of this Agreement prior to the initiation of work.

Y. Venue

Any and all suits for any claims or for any and every breach or dispute arising out of thisAgreement shall be maintained in the appropriate court of competent jurisdiction in theCity of Virginia Beach, or the U. S. District Court for the Eastern District of Virginia, NorfolkDistrict.

Z. Agreement interpreted under laws of Virginia

This Agreement shall be deemed to be a Virginia contract and shall be governed as to allmatters whether of validity, interpretations, obligations, performance or otherwise

exclusively by the laws of the Commonwealth of Virginia, and all questions arising withrespect thereto shall be determined in accordance with such laws. Regardless of where

actually delivered and accepted, this Agreement shall be deemed to have been deliveredand accepted by the parties in the Commonwealth of Virginia.

AA. Business License Requirement

If the Franchisee is a business, located in the City of Virginia Beach or at any time duringthe performance of this Agreement obtains situs for purposes of business license taxes, it

7


shall be unlawful for such business to conduct or engage in such business, trade or

occupation without having first obtained the proper license from the Commissioner of theRevenue of the City, and the Franchisee covenants that it has a business license whereone is required to perform this Agreement.

BB. Independent Contractor

The Franchisee shall agree and covenant that it is and shall beat all times, an independent

contractor, and as such, shall have and maintain complete control over all of its employees

and operations. Neither the Contractor nor anyone employed by it shall be, represent,act, purport to act, or be deemed to be an agent, representative, employee or servant ofthe City. Nothing in this section shall be deemed to absolve or otherwise limit theFranchisee' s liability and responsibility to safely and correctly perform its duties under thisAgreement.

CC. Representation Regarding City Employment; Conflict of Interest:

Franchisee represents at the time of contracting and through the pendency of thisAgreement that no one with an ownership interest in the Franchisee or the Franchisee' scorporate entity, if applicable, or other employee of the Franchisee is also an employee ofthe City of Virginia Beach, specifically in the City Department initiating or overseeing thisAgreement. Franchisee further represents that no individual with an ownership interest inthe Franchisee or the Franchisee' s corporate entity, if applicable, or other employee hasa spouse, other relative or person who resides with the individual that is currently anemployee of the City of Virginia Beach, specifically in the City Department initiating oroverseeing this Agreement. Should the Franchisee have reasonable belief of a possibleconflict of interest, that issue should immediately be brought to the attention of the City'sPurchasing Division for review.

DD. Integration/ Merger

This Agreement and any appendices attached hereto constitute the entire agreement ofthe parties and supersedes all prior agreements, understandings and negotiations,whether written or oral, between the parties. This Agreement may not be modified, exceptin a writing signed by both parties that is expressly stated to be an amendment hereto.

EE. Severability

The provisions of this Agreement shall be deemed to be severable, and should any oneor more of such provisions be declared or adjudged to be invalid or unenforceable, the

remaining provisions shall be unaffected thereby and shall remain in full force and effect.

FF. Environmental Liability

Any costs or expenses associated with environmentally related violations of the law, thecreation or maintenance of a nuisance, or releases of hazardous substances, including,but not limited to, the costs of any cleanup activities, removals, remediations, responses,damages, fines, administrative or civil penalties or charges imposed on the City, whetherbecause of actions or suits by any governmental or regulatory agency or by any privateparty, as a result of the storage, accumulation, or release of any hazardous substances,or any noncompliance with or failure to meet any federal, state or local standards,

8


requirements, laws, statutes, regulations or the law of nuisance by Franchisee( or by itsagents, officers, employees, subcontractors, consultants, subconsultants, or any other

persons, corporations or legal entities employed, utilized, or retained by Franchisee) in theperformance of this Agreement or related activities, shall be paid by Franchisee. This

paragraph shall survive the termination, cancellation or expiration of this Agreement.

GG. Waiver

No failure of the City to exercise any right or power given to it by law or by this Agreement,or to insist upon strict compliance by Franchisee with any of the provisions of this contrail,and no custom or practice of the parties at variance with the terms hereof, shall constitutea waiver of the City' s right to demand strict compliance with the terms of this Agreement.

HH. Interpretation

Whenever the context hereof shall require, the singular shall include the plural, the pluralthe singular, and the use of any gender shall be applicable to all genders.

II. Descriptive Headings

The descriptive headings appearing in this Agreement are for convenience only and shallnot be construed either as a part of the terms, covenants, and conditions hereof or as aninterpretation of such terms, covenants, and conditions.

II. Non- appropriation

It is understood and agreed between the Parties hereto that the City shall be bound andobligated hereunder only to the extent that the funds shall have been appropriated andbudgeted for the purpose of this Agreement. In the event funds are not appropriated andbudgeted in any fiscal year for payments due under this Agreement, the City shallimmediately notify Franchisee of such occurrence and this Agreement shall terminate onthe last day of the fiscal year for which appropriations were received without penalty orexpense to the City of any kind whatsoever.

JJ. Assignment of Agreement

The Franchisee shall not, without the prior written consent of the City, assign, delegate,or otherwise transfer, in whole or in part, the Agreement or any of the Contractor' s rightsor obligations arising hereunder. The City may, in its sole discretion, consent or declineto consent to any such assignment, delegation, or transfer, or may give its conditionalconsent thereto. In the event the City conditionally consents to such an assignment,delegation, or transfer, such consent may, without limitation, be conditional upon

Contractor' s remaining fully and unconditionally liable to the City for any breach of theterms of this Agreement by Franchisee' s transferee and for any damage or injurysustained by a third party or parties as a result of the intentional act or omission,negligence, or breach of warranty by Franchisee' s transferee.

KK. Termination without Cause

The City may at any time, and for any reason, terminate this Agreement by written noticeto Franchisee specifying the termination date, which shall be not less than thirty( 30) days

9


from the date such notice is mailed. Notice shall be given to Franchisee by certifiedmail/ return receipt requested at the address set forth in this Agreement.

In the event of such termination, Franchisee shall be pay any amounts owed to the City atthe time of termination.

If the City terminates this Agreement without cause, Franchisee shall withdraw its

personnel and equipment, cease performance of any further work under this Agreement,and turn over to the City any work completed or in process for which payment has beenmade.

LL. Hold Harmless/ Indemnification

It is understood and agreed that Franchisee hereby assumes the entire responsibility andliability for any and all damages to persons or property caused by or resulting from orarising out of any act or omission on the part of Franchisee, its subcontractors, agents oremployees under or in connection with this Agreement or the performance or failure toperform any work required by this Agreement. Franchisee agrees to indemnify and holdharmless the City and its agents, volunteers, servants, employees and officials from andagainst any and all claims, losses, or expenses, including reasonable attorney' s fees andlitigation expenses suffered by any indemnified party or entity as the result of claims orsuits due to, arising out of or in connection with ( a) any and all such damages, real oralleged, ( b) the violation of any law applicable to this Agreement, and ( c) the performanceof the work by Franchisee or those for whom Franchisee is legally liable. Upon written

demand by the City, Franchisee shall assume and defend at Franchisee' s sole expenseany and all such suits or defense of claims made against the City, its agents, volunteers,servants, employees or officials.

MM. Insurance

1. Franchisee agrees to secure and maintain in full force and effect at all times duringthe term of this Agreement, the following policies of insurance:

2. Workers' Compensation Insurance of not less than $ 500, 000, as required under

Virginia Code Title 65. 2.

3. Comprehensive General Liability Insurance, including contractual liability and productsand completed operations liability coverages, in an amount not less than one milliondollars ($ 1, 000, 000) per occurrence and a five million ($ 5, 000, 000) aggregate

policy. Such insurance shall name the City of Virginia Beach as an additional insured.

4. Automobile Liability Insurance including coverage for non- owned and hired vehicles inan amount not less than 1 million ($ 1, 000, 000) combined single limit. Such insurance

must cover liability arising from any motor vehicle as defined by Commonwealth ofVirginia laws and must include coverage for owned, hired and non- owned motor

vehicles, as well as uninsured and underinsured motorists.

5. Umbrella Policy in an amount of$ 5 million.

All policies of insurance required herein shall be written by insurance companies licensedto conduct the business of insurance in Virginia, and acceptable to the City, and shall carry

10


the provision, that the insurance will not be cancelled or materially modified without thirtydays ( 30) prior written notice to the City. In certain cases, where coverage is unavailablethrough licensed carriers, certificates of insurance written by a Surplus Lines Carrierauthorized by the Virginia State Corporation Commission to transact the business ofinsurance in Virginia and acceptable to the City of Virginia Beach may be approved.Franchisee shall list the City of Virginia Beach as an additional insured, and furnish theCity with certificate of insurance showing Franchisee' s compliance with the foregoingrequirements. The liability insurance shall cover liability that includes users of thescooters.

NN. Notice

All notices and requests required or permitted hereunder shall be sent by United Statescertified mail, return receipt requested and to be effective, shall be postmarked not laterthan the final date for giving of such notice; or such notices may be sent by commercialmessenger service, in which event, to be effective, such notices shall be delivered to a

commercial messenger service not later than the final date for giving such notice.

Notices for the City of Virginia Beach shall be addressed as follows:

Brian Solis

Office of the City ManagerMunicipal Center, Rm 234

2401 Courthouse Drive

Virginia Beach, VA 23456

Notices for Franchisee

Michael Keating, SVP, Cities406 Broadway# 369Santa Monica, CA 90401

Such addresses may be changed at any time and from time to time by like written noticegiven by either party to the other.

00. Offset/ Setoff

The City may withhold the payment of any claim or demand by any person, firm orcorporation against the City until any delinquent indebtedness or other liability, includingtaxes, due to the City from such person, firm or corporation shall first have been settledand adjusted.

PP. Audits

The City shall have the right to audit all books and records ( in whatever form they may bekept, whether written, electronic or other) relating or pertaining to this Agreementincluding any and all documents and other materials, in whatever form they may be kept,

which support or underlie those books and records), kept by or under the control ofFranchisee, including, but not limited to those kept by Franchisee, its employees, agents,assigns, successors and subcontractors. Franchisee shall maintain such books and

records, together with such supporting or underlying documents and materials, for the

11


duration of this Agreement and for at least three years following the completion of thisAgreement, including any and all renewals thereof. The books and records, together withthe supporting or underlying documents and materials shall be made available, uponrequest, to the City, through its employees, agents, representatives, contractors or otherdesignees, during normal business hours at Franchisee' s office or place of business inVirginia Beach, Virginia. In the event that no such location is available, then the books

and records, together with the supporting or underlying documents and records, shall bemade available for audit at a time and location in Virginia Beach, Virginia, which is

convenient for the City.

This paragraph shall not be construed to limit, revoke, or abridge any other rights, powers,or obligations relating to audit which the City may have by state, city, or federal statute,ordinance, regulation, or agreement, whether those rights, powers, or obligations areexpress or implied.

QQ. Submission and Disposition of Contractual Claims

Prompt knowledge by the City of an existing or impending claim for damages or otherrelief may alter the plans, scheduling, or other action of the City and/ or result in mitigationor elimination of the effects of the claim. Therefore, a written statement providing the Citywith notice of the Contractor' s intention to file a claim which ( i) describes the act or

omission by the City or its agents that the Franchisee contends caused it damages orentitles it to other relief; and ( ii) provides a description of the nature and amount of theclaim. Such written statement shall be submitted to the City within 20 days of the time ofthe occurrence or beginning of the work upon which the claim is based; provided, however,if such damage is deemed certain in the opinion of the Contractor to result from its actingon an order from the City, it shall immediately take written exception to the order. For

purposes of this provision, " claim" shall include, without limitation, any request for anincrease in the contract price or time and any request for equitable adjustment.Submission of a notice of claim as specified shall be mandatory, and failure to submit suchnotice shall be a conclusive waiver to such claim for damages or other relief by theFranchisee. Neither an oral notice or statement, nor an untimely notice or statement willbe sufficient to satisfy the requirements herein.

The City will review the claim and render a final decision in writing within thirty( 30) daysof receipt of Franchisee' s written request for a final decision. Such decision shall be find

and binding to the fullest extent allowed by law.

RR. Payments to Subcontractors

In accordance with Title 2. 2, Chapter 43, Article 4 of the Code of Virginia( Virginia Public

Procurement Act), the Franchisee shall make payment to all subcontractors, as defined inthe Code, within seven ( 7) days after receipt of payment from the City; or, shall notify theCity and the subcontractor in writing of the intention to withhold all or part of the amountdue with the reason for nonpayment. In the event payment is not made as noted, theFranchisee shall pay interest at the rate of one percent( 1%) per month, unless otherwiseprovided in the contract, to the subcontractor on all amounts that remain unpaid afterseven ( 7) days except for the amounts withheld as provided herein.

These same requirements shall be included in each subcontract and shall be applicableto each lower- tier subcontractor. The Franchisee shall provide the City with its social

12


security number or federal taxpayer identification number prior to any payment beingmade under this Agreement.

The Franchisee' s obligation to pay an interest charge to a subcontractor pursuant to thepayment clause in this section may not be construed to be an obligation of the City. A

contract modification may not be made for the purpose of providing reimbursement forsuch interest charge. A cost reimbursement claim may not include any amount forreimbursement for such interest charge.

remainder of page intentionally left blank.]

With the intent to be bound, the parties to this Agreement affix their respective signatures:

BIRD RIDES, INC. CITY OF VIRGINIA BEACH, VIRGINIA

Name: Name:

Title: Title:

Date: Date:

Other City approvals:

APPROVED AS TO CONTENT:

APPROVED AS TO RISK MANAGEMENT:

APPROVED AS TO LEGAL SUFFICIENCY:

13

EXIBIT A- TECHNICAL REQUIREMENTS

In the table below mark Yes/ No to indicate whether the system proposed by applicant includes each of the identified features. In the Technical

Specifications of the Proposed System column provide information on any items where the proposed system varies ( exceeds or does not meet)

from the preferred requirements.

The Offerors shall explain the reasons for any deviations from the City' s requirements. During the negotiations the City may adjust its

requirements for the particular elements of the system based on the Offerors' proposals.

No. Preferred Requirements Does the proposed Technical Specifications of the Proposed System

system include this if different from the minimum requirements,feature? INCLUDING EXPLANATION of reasons)

Yes No

Electric Scooters

1 Durable and able to be kept outside 365 days per year with minimalwear. Rust resistant.

2. Fenders installed to protect users from tire spray.

3 White light mounted on the front of the scooter, and a red lights

mounted on the rear. A flashing red light is preferred. Lights whose

energy is generated from the scooter and lights that remain onduring short stops are preferred.

4. Able to handle small inclines or grades such as pedestrian inclines orbridges.

5. Provided with a reliable and intuitive braking system.

6. Either a bell or a horn mounted.

7. Tamper resistant and with puncture resistant tires. The user should

not be able to easily remove components.

8. All scooters must be uniform in nature, marked consistently and of

the same model.

g. Scooters must include instructions for use.

1


10. Comfortably and safely accommodate various heights of riders, witha rider capacity of at least 250 lbs., and minimal or simple

adjustments.

11. May have a secondary lock or hold feature to enable the user tosecure the scooter while making stops and reserving the unit.

12. Scooter warranty managed under the electric scooter service

provider. Warranty must address any parts issues, manufacturingdefects, system concerns or vandalism.

13. Equipped with a tracking system [ eg. global positioning systemGPS"), radio- frequency identification (" REID"), etc.].

14. Advertising space of System sponsors must be minimized.

15. Include a clearly visible unique identifying number or alpha- numbercombination on each scooter.

16. Include a clearly visible phone number to call with concerns ornotification of the need to remove.

17. Physical capability to have governed or restricted maximum speedsto ensure safety. Desired maximum speed ( i. e. max 10 MPH or

15MPH) in geographical areas or boundaries within the City will be

agreed upon by the City and the Contractor.

18. Ability to restrict vehicle usage in specific locations or areas of the

City.

19. Ability to restrict vehicle usage at certain times of day or night.

Docking Stations( if applicable)

1. Smallest feasible footprint and not permanent in nature.

2. Solar( or otherwise independently) powered with no expectations forthe City to supply power feeds.

3. User interface that allows for reservations, payments, membership

options and reporting maintenance issues.

4. Docking station( s) must be new and uniform in nature, marked

consistently and of the same model.

5 Wireless connectivity.

2


5 User interface must include both written and other American' s with

Disabilities Act (" ADA") compliant instructions.

7. Customizable form of identification and payment ( i. e. transit pass or

student ID).

8. Ability of quick set up in temporary locations to support specialevents or areas of heavy activity or usage ( i. e. Something in theWater Festival) or remove all scooters or create new geographically

restricted areas on short notice ( i. e. Shamrock Marathon and other

run events)

g. Ability to restrict user to single rider use only

Smart Phone App Capabilities

1. Ability to scan rider identification to enable or restrict scooter use

2. Ability to program, communicate and ensure acknowledgement ofrider use agreement prior to initial and each use

3. Ability to program and show audio and visual educational /instructional videos on proper use prior to initial and each use

4. Ability to photograph, geolocate and incentivize/ penalize

appropriate parking locations

Reporting and Data Sharing Capabilities

3


1 The Mobility Data Specification ( MDS) is a set of data specificationsand data sharing requirements focused on scooters. The goal of MDSis to provide application programming interface ( API) and data

standards for municipalities to help ingest, compare and analyze

mobility as a service provider data.

The MDS helps the City ingest and analyze information from for-

profit companies who operate scooters in the public right- of-way.MDS is a key piece of digital infrastructure that helps cities andregulators. Sharing MDS with the City as part of the MotorizedScooter franchise license requirement.

2. Provision of detailed reports as needed by the City. City staff should

be able to easily and quickly run reports on an ad- hoc basis.

3. Reports showing utilization of scooters ( overall usage, daily usage,

monthly usage by scooter).

4. Reports showing number of patrons who have downloaded the appand detailed demographics of riders.

5. Reports or interface showing current distribution and location ofscooters.

6. Reports showing total number of members with the ability to

differentiate between daily/ visitor users and annual users, as well as

growth over a set period of time defined by the City.

7. Daily and Monthly reports showing total number of charged availableelectric scooters citywide and total number of electric scooter in for

service, repair, or on hold by the Contractor.

8. Maintenance reporting feature showing number of repairs, details ofrepair, and time in/ out of service.

g. Financial reports detailing membership and usage fees.

10. Real time reporting of scooter availability for system users.

4


11. Financial reports showing agreed revenue share accumulated by the

City per day, monthly, and annually.

5

Scooter Franchise RFP Exhibits B- E

Exhibit B Town Center No Parking/ No Riding Scooter Geofence Area

1" 1

1,, ', '

tiI ..

4( \ r? ..

x

t, 'A::

w:

1.

rr/ac14 i

I'".c

ti r}! lR sr dl

TafiaAT f.0 W, N

6

golio

0

Exhibit C Shore Drive Corridor No Parking/ No Riding Geofence Area( Yellow highlighted)

4- Shore Drive Corridory

4, r Wyss 6.. 7. 1. I.. wN. C. o....

1 " 10optFc y LN,3t

2

eir es,------7_,

0 006 07 1• 21 2. 0 I. 060 3.900 7. 096 11. 700 15 OM/ O 6• 0..

w.. F.. 1 0 10 Acne

s A...

1


Exhibit D Resort Area Strategic Growth Area Geofence( 40% inventory max.)

ivripr MOW

t ri Sn ',; Resort SGA

of Location MapAe- r-!ern w®* ,. , \'''

4111111414044tip # ! rr ;'

pY

it‘0,, , 4...r: . • , .

z.„i.„.1. D Q

fir: D' h• ..n (

4, =

ti"w' Y r

Wri..,.: , .Iii ''''''''''''''. ,,,.':';.".":,',;;,..i.'"°,:,:::',....-

4-''' ''....". ' . . \

l

4rt-.

St, ' Pllttlli h '__f

yy7 '

a '

NR . e.?. Gea d

2


Exhibit E Example of Scooter Parking Corrals outside of the Resort Area

RESORT AREA TYPICAL CORRAL CONCEPT

ATLANTIC AVE& 13TH STREET CONNECTOR PARK

141i% 1 .....,t j4

CORRAL SIGN CONCEPTCONCRETE DECALS

ra

ispe.

c, e

tee.

itialltb

3


Exhibit F Example of Scooter Parking Corral outside of the SGA Resort Area

CITY- WIDE TYPICAL CORRAL CONCEPT

SALEM RD.& S. INDEPENDENCE BLVD. INTERSECTION

4

L .IMO

I

r

all

7y,

14.—.: 51-111t4'; -- ' 7: - ' : . i. . 5t.'

7*

6, 0

4

DISCLOSURE STATEMENT FORM4 4


wherein such applicant may utilize certain service providers or financialinstitutions, and the City seeks to know of the existence of such

relationships in advance of any vote upon such application.


Bl ` ide , i

Organization name: 1` t'


Are any of the following services being provided in connection with the applicant? If

the answer to any item is YES, please identify the firm or individual providing theservice:


needed)

U V Accounting and/ or preparer ofyour tax return

Financial Services ( include

plending/ banking institutions andj- current mortgage holders as

applicable)

El p___ Legal Services

n Broker/ Contractor/ Engineer/ Othertt Service Providers

CERTIFICATION:


I understand m) responsible for updating the information provided herein if itchap s-p for to, the Council action upon this Application.

1 2

Fcito.1\ Gv rnt o ershi s 1Z,APPL ANT' S SIGNATURE NAME DATE






Organization name: Skinny Labs, Inc. DBA Spin


Are any of the following services being provided in connection with the applicant? If the

answer to any item is YES, please identify the firm or individual providing the service:


needed)

Accounting and/ or preparer ofX

your tax return


Xlending/ banking institutions andcurrent mortgage holders as

applicable)

X Legal Services

Broker/ Contractor/ Engineer/ Other

X Service Providers

CERTIFICATION:


I understand I am responsible for updating the information provided herein if itchanges prior to the Council action upon this Application.

i 1_, William D. Burns May 1 3, 2020

Gt. .__APPLICANT' S SIGNATURE PRINT NAME DATE






VeoRide Inc

Organization name:





needed)

L- . Accounting and/ or preparer of Paro, Inc

your tax return

Financial Services ( includeNA

lending/ banking institutions andcurrent mortgage holders as

applicable)

Gutwein Law, LLC

c2 Legal ServicesT

Foundershield, LLC

Broker/ Contractor/ Engineer/ Other

Service Providers

CERTIFICATION:



Bowen Xie May 12, 2020







Organization name: Neutron Holdings, Inc. dba Lime





needed)

Accounting and/ or preparer of1

None in our connection withyour tax return Virginia Beach

Financial Services ( include lending/ None in our connection withbanking institutions and current Virginia Beachmortgage holders as applicable)

None in our connection withLegal Services

Virginia Beach

Broker/ Contractor/ Engineer/ OtherNone in our connection with

Service Providers Virginia Beach

CERTIFICATION:


I understand I am responsible for updating the information provided herein ichanges prior to the Council action upon this Application.

7//tv,14 Michael Kurlancheek 5/ 13/ 20


r


ITEM: An Ordinance Granting Fourteen Franchise Agreements for Open Air Cafes in theResort Area


Background: By resolution adopted November 15, 1985, City Council authorizedthe City Manager to promulgate Open Air Café Regulations, which have been amendedfrom time to time, for the operation of open air cafés on public property. The City hasdeveloped a franchise agreement for the regulation of open air cafés, which the granteesare required to execute as a condition of the grant. The City Council has traditionallygranted initial franchises for one- year terms. If an open air café is successfully operatedduring the initial one-year term, the franchisee may return to Council upon the expirationof the one-year term and request a five-year franchise agreement.

Considerations: Fourteen entities are seeking either one-year or five-yearfranchise agreements. The following entities request franchises for one- year terms: ( 1)

3001 Atlantic, LLC, t/a Catch 31 Café, for operation of a Boardwalk Café; ( 2) 3315

Atlantic, LLC, t/a Lagerheads Café, for operation of a Boardwalk Café; and ( 3) 3315Atlantic, LLC, t/a Lagerheads Café, for operation of a Connector Park Cafe.

The following entities request franchise renewals for five- year terms: ( 1) Kamales,

Inc., t/ a 9th Street Grill Cafe, for operation of an Atlantic Avenue Sidewalk Café; ( 2)Calabrese Management Group, Inc., t/a Albie' s Pizza Cafe, for operation of an AtlanticAvenue Side Street Café; ( 3) A. C. A. Corporation, t/a Black Angus Café, for operation ofan Atlantic Avenue Sidewalk Café; ( 4) Virginia George Co., Inc., ha Dough Boys Café,for operation of an Atlantic Avenue Sidewalk Café; ( 5) Crestline Hotels & Resorts, LLC,

t/a Marriott Courtyard Café, for operation of a Boardwalk Café; ( 6) Planet Pizza, Inc., t/ a

Planet Pizza Café, for operation of an Atlantic Avenue Sidewalk Café; ( 7) Rock Fish SeaGrill, LLC, t/a Rockfish Café, for operation of a Connector Park Café; ( 8) Rock Fish SeaGrill, LLC, ha Rockfish Café, for operation of a Boardwalk Café; ( 9) VB' S Raw Bar, Inc.,t/a Seaside Raw Bar Café, for operation of an Atlantic Avenue Sidewalk Café; ( 10) 11th

Street Tap House, LLC, t/a 11th Street Taphouse Bar and Grille, for operation of aBoardwalk Café; and ( 11) 11th Street Tap House, LLC, t/ a 11th Street Taphouse Bar andGrille, for operation of a Connector Park Café.

a Public Information: A public notice was published in The Beacon on May 10,2020.

e Attachments: Ordinance and Disclosure Forms

Recommended Action: Adopt Ordinance

Submitting Department/ Agency: Strategic Growth Area Office ' 1,.4City Manager:

Titil L

r

1 AN ORDINANCE GRANTING FOURTEEN

2 FRANCHISE AGREEMENTS FOR OPEN AIR3 CAFÉS IN THE RESORT AREA4

5 WHEREAS, by resolution adopted November 25, 1985, City Council authorized6 the City Manager to promulgate Open Air Cafe Regulations, which have been amended7 from time to time, for the operation of open air cafés on public property; and8

9 WHEREAS, the City Council has traditionally granted initial franchises for one-10 year terms; and11

12 WHEREAS, if an open air café is successfully operated during the initial one-13 year term, the franchisee may return to Council and request a five- year franchise14 agreement; and

15

16 WHEREAS, fourteen entities are seeking either one- year or five- year franchise17 agreements; and

18

19 WHEREAS, the following entities request franchises for one- year terms: ( 1) 3001

20 Atlantic, LLC, t/ a Catch 31 Café, for operation of a Boardwalk Café; ( 2) 3315 Atlantic,

21 LLC, t/ a Lagerheads Café, for operation of a Boardwalk Café; and ( 3) 3315 Atlantic,

22 LLC, t/ a Lagerheads Café, for operation of a Connector Park Café; and23

24 WHEREAS, the following entities request franchise renewals for five-year terms:25 ( 1) Kamales, Inc., t/a 9th Street Grill Cafe, for operation of an Atlantic Avenue Sidewalk26 Café; ( 2) Calabrese Management Group, Inc., t/ a Albie' s Pizza Café, for operation of an27 Atlantic Avenue Side Street Café; ( 3) A.G. A. Corporation, t/a Black Angus Café, for28 operation of an Atlantic Avenue Sidewalk Cafe; ( 4) Virginia George Co., Inc., t/ a Dough

29 Boys Café, for operation of an Atlantic Avenue Sidewalk Café; ( 5) Crestline Hotels &

30 Resorts, LLC, t/ a Marriott Courtyard Café, for operation of a Boardwalk Café; ( 6) Planet

31 Pizza, Inc., t/a Planet Pizza Café, for operation of an Atlantic Avenue Sidewalk Café; ( 7)

32 Rock Fish Sea Grill, LLC, t/ a Rockfish Café, for operation of a Connector Park Café; ( 8)

33 Rock Fish Sea Grill, LLC, t/ a Rockfish Café, for operation of a Boardwalk Café; ( 9) VB' S

34 Raw Bar, Inc., t/a Seaside Raw Bar Café, for operation of an Atlantic Avenue Sidewalk35 Café; ( 10) 11th Street Tap House, LLC, tla 11th Street Taphouse Bar and Grille, for36 operation of a Boardwalk Café; and ( 11) 11th Street Tap House, LLC, t/ a 11th Street37 Taphouse Bar and Grille, for operation of a Connector Park Café.38

39 WHEREAS, the Planning Department/ Strategic Growth Area Office recommends40 that the above- named entities be granted open air café franchise agreements.41

42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF43 VIRGINIA BEACH:

44

45 That the City Council hereby grants one- year franchise agreements to ( 1) 300146 Atlantic, LLC, t/ a Catch 31 Café, for operation of a Boardwalk Café; ( 2) 3315 Atlantic,

47 LLC, t/ a Lagerheads Café, for operation of a Boardwalk Café; and ( 3) 3315 Atlantic,48 LLC, t/a Lagerheads Café, for operation of a Connector Park Café.49

50 That the City Council hereby grants five- year franchise agreements to ( 1)51 Kamales, Inc., Va 9th Street Grill Cafe, for operation of an Atlantic Avenue Sidewalk52 Café; ( 2) Calabrese Management Group, Inc., t/a Albie' s Pizza Café, for operation of an53 Atlantic Avenue Side Street Café; ( 3) A. C.A. Corporation, Va Black Angus Café, for54 operation of an Atlantic Avenue Sidewalk Café; ( 4) Virginia George Co., Inc., Va Dough55 Boys Café, for operation of an Atlantic Avenue Sidewalk Café; ( 5) Crestline Hotels &56 Resorts, LLC, Va Marriott Courtyard Café, for operation of a Boardwalk Café; ( 6) Planet

57 Pizza, Inc., Va Planet Pizza Café, for operation of an Atlantic Avenue Sidewalk Café; ( 7)

58 Rock Fish Sea Grill, LLC, t/ a Rockfish Café, for operation of a Connector Park Café; ( 8)

59 Rock Fish Sea Grill, LLC, t/a Rockfish Café, for operation of a Boardwalk Café; ( 9) VB' S60 Raw Bar, Inc., Va Seaside Raw Bar Café, for operation of an Atlantic Avenue Sidewalk61 Café; ( 10) 11th Street Tap House, LLC, t/a 11th Street Taphouse Bar and Grille, for62 operation of a Boardwalk Café; and ( 11) 11th Street Tap House, LLC, Va 11th Street63 Taphouse Bar and Grille, for operation of a Connector Park Café.64

65

Adopted by the City Council of Virginia Beach, Virginia on this day of2020.


Strategic Growth Area Office C ity Attorney' s Office

CA 14981

R- 7

May 7, 2020

a

z Virginia Beach

APPLICANT' S NAME 3001 Atlantic, LLC, T/A Catch 31





by City Property Conditions or ProffersAlternative Economic Development

Nonconforming UseCompliance, Special Investment ProgramChanges

Exception for EDIP)





4 1



SECTION I / APPLICANT DISCLOSURE


O

IAPPLICANT NOTIFIED OF HEARING DATE:

O NO CHANGES AS OF DATE:

O REVISIONS SUBMITTED DATE:

Virginia Beacb

n Check here if the APPLICANT IS NOT a corporation, partnership, firm,



A) List the Applicant' s name: 3001 Atlantic, LLCIf an LLC, list all member' s names:

Pramod C. Amin 2012 IRREV Family Trust, Jay B. Shah 2018 Dynasty Trust,Rohit Patel, Naresh Patel






See next page for information pertaining to footnotes' and2


Complete Section 2 only if.property owner is different from Applicant.

ri Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm,business, or other unincorporated organization.

X Check here if the PROPERTY OWNER IS a corporation, partnership, firm,business, or other unincorporated organization, AND THEN, complete the

following.

A) List the Property Owner' s name: 3001 Atlantic, LLCIf an LLC, list the member' s

names: Pramod C. Amin 2012 IRREV Family Trust,

Page 2 of 7

Virginia fif,. tcb

3:` Jay B. Shah 2018 Dynasty Trust, Rohit Patel, Naresh Patel






1 " Parent- subsidiary relationship" means " a relationship that exists when one corporation directly orindirectly owns shares possessing more than 50 percent of the voting power of another corporation?See State and Local Government Conflict of Interests Act, Va. Code § 2. 2- 3101.

2 "Affiliated business entityrelationship" means " a relationship, other than parent subsidiary

relationship, that exists when ( i) one business entity has a controlling ownership interest In the otherbusiness entity, ( ii) a controlling owner in one entity is also a controlling owner in the other entity, oriii) there is shared management or control between the business entities. Factors that should be

considered in determining the existence of an affiliated business entity relationship include that the

same person or substantially the same person own or manage the two entities; there are common or



Va. Code § 2. 2- 3101.


Are any of the following services being provided in connection with the subject of theapplication or any business operating or to be operated on the Property. If the answerto any item is YES, please identify the firm or individual providing the service: IF THEOWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION

SEPERATELY

Page 3 of 7

APPLICANT Virginia

YES NO SERVICE PROVIDER ( use additional sheets ifineeded)

nri Accounting and/ or preparer of Stephen F. Perry, CPAyour tax return

n [XiArchitect/ Landscape Architect/u Land Planner

Contract Purchaser( if other than

nC the Applicant)- identify purchaserand purchaser' s service providers

Any other pending or proposedIn purchaser of the subject propertyl identify purchaser( s) and


l^) Construction Contractors

L_I © Engineers/ Surveyors/ Agents —

Financing ( include current Wells Fargo Bank, N. A.

n Dmortgage holders and lenders


Legal Services


A Agents/ Realtors for current and


subject pror:en\


EMPLOYEE

YES NO Does an official or employee of the City of Virginia Beach haven an interest in the subject land or any proposed development

contingent on the subject public action? J


interest?

Page 4 of 7

s,

NBVirginia Beach

CERTIFICATION:


II understand that, upon receipt of notification that the application has been

j scheduled for public hearing, I am responsible for updating the informationi provided herein two weeks prior to the Planning Commission, Council, VBDAmeeting, or meeting of any public body or committee in connection with thisA licat ion.

Ioul ell, ,c klysir\ ifsd iozpi

APP ICANT' S SIGNATU RINT NAME DATE i

I

Page 5 of 7


YES NO SERVICE PROVIDER(.;...--....additional sheets if

needed)

nAccounting and/ or preparer of Stephen F. Perry, CPAyour tax return

InlArchitect/ Landscape Architect/

Land Planner


El the Applicant)- identify purchaserand purchaser' s service providers


C purchaser of the subject propertyidentify purchaser( s) and


In) Construction Contractors

uEngineers/ Surveyors/ Agents


X Dmortgage holders and lenders


n ® Legal Services

Real Estate Brokers /Agents/ Realtors for current and


subject property


EMPLOYEE

YES NO Does an official or employee of the City of Virginia Beach haveM an interest in the subject land or any proposed developmentA' contingent on the subject public action?


interest?

Page 6 of 7

CERTIFICATION:


I understand that, upon receipt of notification that the application has beenscheduled for public hearing, I am responsible for updating the informationprovided herein two weeks prior to the Planning Commission, Council, VBDAmeeting, or me ing of any public body or committee in connection with thisApplication.,

PROPERTY OWNER' S GNATURE PRINT NAME DATE

Page 7 of 7

City of Virginia Beach

CVB Resort Management Office

2101 Parks Avenue, Suite 302


March 6, 2020

3001 Atlantic, LLC

D/ B/ A Hilton Virginia Beach Oceanfront

3001 Atlantic Ave


Dear Ms. Hart,

This letter is to authorize Neil Amin to sign as Trustee for Pramod C. Amin 2012 IRREV Family

Trust, Owner of the above property. Neil Amin is also the CEO of Shamin Hotels, Inc., Management

company of the above property, and has authorized Kenneth Peloquin as agent to sign this application.

c'

Neil Amin

111BVirginia Beach

APPLICANT' S NAME 3315 Atlantic, LLC, T/A Lagerheads






Exception for EDIP)





4


they have a conflict of interest under Virginia law.4


FOR CITY USE ONLY/ All disdosures must be updated two( 2) weeks prior to any Page 1 of 7Planning Commission and City Council meeting that pertains to the application( s).

CI APPLICANT NOTIFIED OF HEARING DATE:



air

Virginia Beach

nCheck here if the APPLICANT IS NOT a corporation, partnership, firm,



A) List the Applicant' s name: 3315 Atlantic, LLCIf an LLC, list all member' s names:

Pramod C. Amin 2012 IRREV Family Trust, Jay B. Shah 2018 Dynasty Trust,Rohit Patel, Naresh Patel










X Check here if the PROPERTY OWNER IS a corporation, partnership, firm,business, or other unincorporated organization, AND THEN, complete the

following.

A) List the Property Owner' s name: 3315 Atlantic, LLCIf an LLC, list the member' s

names: Pramod C. Amin 2012 IRREV Family Trust,

Page 2 of 7

Virginia Beach - r

Jay B. Shah 2018 Dynasty Trust, Rohit Patel, Naresh Patel







2 "Affiliated business entityrelationship" means " a relationship, other than parent subsidiary


considered in determining the existence of an affiliated business entity relationship include that thesame person or substantially the same person own or manage the two entities; there are common orcommingled funds or assets; the business entities share the use of the same offices or employees or



Va. Code § 2. 2- 3101.


Are any of the following services being provided in connection with the subject of theapplication or ani business operating or to be operated on the Property. If the answerto any item is YES, please identify the firm or individual providing the service: IF THEOWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION

SEPERATELY

Page 3 of 7

wyCkBAPPLICANT Virginia Beach

YES NO r SERVICEPROVIDER( useaddit+onal sheets if

needed)

XAccounting and/ or preparer of Stephen F. Perry, CPAyour tax return

inlArchitect/ Landscape Architect/

Land Planner

Contract Purchaser( If other than


Any other pending or proposedpurchaser of the subject property

LJ ( identify purchaser( s) andpurchaser' s service providers)

CX Construction Contractors

ElEngineers/ Surveyors/ Agents




Cl xl Legal Services




subject property

4


EMPLOYEE

YES NO ( Does an official or employee of the City of Virginia Beach havean interest in the subject land or any proposed developmentcontingent on the subject public action?


interest?

Page 4 of 7

1BVirginia Mich

CERTIFICATION:



scheduled for public hearing, I am responsible for updating the informationprovided herein two weeks prior to the Planning Commission, Council, VEDAmeeting, or meeting of any public body or committee in connection with thisApplication.

APilaLeA 4,1 ettk I el? v A Az&APPLICANT' S SIGNATURE PRINT NAME DATE

Page 5 of 7

NIBINER Virginia Beach .

YES NO SERVICE PROVIDER( use additional sheets ifL_ needed) j

n n Accounting and/ or preparer of Stephen F. Perry, CPAyour tax return

nC Architect/ Landscape Architect /

Land Planner


the Applicant)- identify purchaserand purchaser' s service providers


n n purchaser of the subject propertyidentify purchaser( s) and


CConstruction Contractors

UEngineers/ Surveyors/ Agents




Legal Services


111 ® Agents/ Realtors for current andanticipated future sales of the

subject property

4


EMPLOYEE


Xan interest in the subject land or any proposed development

Lcontingent on the subject public action?


interest?

Page 6 of 7

1VBVirginia Reach

s CERTIFICATION:I certify that all of the information contained in this Disclosure Statement Form iscomplete, true, and accurate.

1 I understand that, upon receipt of notification that the application has beenscheduled for public hearing, I am responsible for updating the informationprovided herein two weeks prior to the Planning Commission, Council, VBDAmeeting, or meeting of any public body or committee in connection with thisApplicat n.

el 6 t/ VD

1PROPERTY NER' S SIGNATURE PRINT NAME DATE

Page 7 of 7

l/BVirginia Beach

APPLICANT' S NAME Kamales, Inc. t/a 9th Street Grill







Exce• tion for EDIP) Changes

Board of Zoning _ Encroachment Request RezoningA• . eats








FOR CITY USE ONLY/ All disclosures must be updated two( 2) weeks prior to any Page 1 of 7Planning Commission and Cit, Council meetin:, that pertains to the ai: F lication( s).

El

IAPPLICANT NOTIFIED OF HEARING DATE:

0 NO CHANGES AS OF DATE:

i El REVISIONS SUBMITTED DATE:

Virginia Beach

El Check here if the APPLICANT IS NOT a corporation, partnership, firm,



A) List the Applicant' s name: Kamales, Inc.If an LLC, list all member' s names:



Kamal Darrazi

B) List the businesses that have a parent-subsidiary1



n/ a

See next page for information pertaining to footnotes' and 2




n Check here if the PROPERTY OWNER IS a corporation, partnership, firm,business, or other unincorporated organization, AND THEN, complete the

following.

A) List the Property Owner' s name: Burlale Shops LLCIf an LLC, list the member' s

names: Verne Burlage

Page 2 of 7

NIBVirginia Beach





Burlage Management

Barclay TowersSchooner







Va. Code § 2. 2- 3101.


Are any of the following services being provided in connection with the subject of theapplication or any business operating or to be operated on the Property. If the answerto any item is YES, please Identify the firm or individual providing the service: IF THEOWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTIONSEPERATELY

Page 3 of 7

BAPPLICANT Virginia Beach

YES NO SERVICE PROVIDER (use additional sheets Ifneeded)

E Accounting and/ or preparer ofyour tax return

n n Architect / Landscape Architect/

Land Planner

n nContract Purchaser ( if other than




ElConstruction Contractors

Engineers/ Surveyors/ Agents



El Legal Services



subject property


EMPLOYEE


X an interest in the subject land or any proposed developmentcontingent on the subject public action?


interest?

Page 4 of 7

t,0

Virginia Beach

CERTIFICATION:




APPLICANT'S SIGNATURE PRINT NAME _» Kamal Darrazi. DATE212 T/ 20

Page 5 of 7

c.,V3OWNER Virginia Beach



El Architect/ Landscape Architect/

Land Planner





Elri Construction Contractors

zEngineers/ Surveyors/ Agents



aLegal Services


n n Agents/ Realtors for current and


subject property


EMPLOYEE


nan interest in the subject land or any proposed developmentcontingent on the subject public action?


interest?

Page 6 of 7

3/ 1. imi1u19 19: 67 * 066 P. 008/ 008

ys? ra .+ ds . fa,• rr• i jryn.'.

CERTIFlC4TIOtt

I certify that all of the Information contained in this Disclosure Statement Form iscomplete, true, and accurate.

I understand that, upon receipt of notification that the application has beenscheduled for public hearing, i am responsible for updating the informationprovided herein two weeks prior to the Planning Commission, Council, VBDAmeeting, or meeting of any public body or committee in connection with thisApplication.

Nenre 4,24a2Dr0s PRIM' NAME DATE

Page 7 of 7

113Virginia Beach

APPLICANT' S NAME Calabrese Managemen ( DBA: Albie' s Pizza)




Acquisition of Property Disposition of City Modification ofby City Property Conditions or ProffersAlternative Economic Development

Nonconforming UseCompliance, Special Investment ProgramChangesException for EDIP)











0 REVISIONS SUBMITTED DATE:

11BVirginia Beach

Li Check here if the APPLICANT IS NOT a corporation, partnership, firm,


nCheck here if the APPLICANT IS a corporation, partnership, firm, business, orother unincorporated organization.

A) List the Applicant' s name: Calabrese Management



Artem Lazorskiy - President




See next page for information pertaining to footnotes1 and 2




n Check here if the PROPERTY OWNER IS a corporation, partnership, firm,business, or other unincorporated organization, AND THEN, complete thefollowing.

A) List the Property Owner' s name: Ocean Horizon Properties, LC


names: Nabil D. Kassir and Deborah M. Kassir

Page 2 of 7

lkfiiVirginia Beach





Brava, LLC, Ocean Horizon Properties of FL, LLC, Kassir Investment Company,Inc., Menu & Management Consultants, Aldo's Inc, Birdneck Associates, 62019th Street Associates, 29th Street Associates





commingled funds or assets; the business entities share the use of the same offices or employees orotherwise share activities, resources or personnel on a regular basis; or there is otherwise a closeworking relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code § 2. 2- 3101.



Page 3 of 7

NBAPPLICANT Virginia Beach

YES NO SERVICE PROVIDER ( use additional sheets Ifneeded)

nAccounting and/ or preparer ofyour tax return

n n Architect / Landscape Architect/

Land Planner

n aContract Purchaser ( if other than



I Ipurchaser of the subject property

I I ( identify purchaser( s) andpurchaser' s service providers)


aEngineers / Surveyors/ Agents



Legal Services


Agents/ Realtors for current andanticipated future sales of the

subject property


EMPLOYEE



interest?

Page 4 of 7

Virginia Beach

CERTIFICATION:



QQve a LO 2 o/2 S k . ,i 4" 2/4C4// ZozcAPPLICANT' S SIGNATURE PRINT NAME DATE

Page 5 of 7


YES NO SERVICE 1 PROVIDER ( use additional sheets ifneeded)

n n Accounting and/ or preparer ofyour tax return

nn Architect / Landscape Architect /

Land Planner


Zthe Applicant) - identify purchaserand purchaser' s service providers


I Ipurchaser of the subject property

I I ( identify purchaser( s) andpurchaser' s service providers)

ix Construction Contractors




El Legal Services


Ei Agents/ Realtors for current and


subject property


EMPLOYEE

YES NO Does an official or employee of the City of Virginia Beach have I

aan interest in the subject land or any proposed developmentcontingent on the subject public action?


interest?

Page 6 of 7

Virginia Beach

CERTIFICATION:




444e:eA-aca-; i, Nabil D. Kassir 2/ 3/ 2020


Page 7 of 7

ik sd ... ', v !,• t' lr'i :: M" l{*R.» i'Ai Lw' ' f'i`' L f

F til fiw , 1 Ay, ;" ._`° y.'" f r 7? N , ar. yx

r.iy ct L •-.. a ?.. ? k _

ice». } s..,. .

c' . Yiares n. JL. F "' r-. ,, t`• s. ,,.

S^• rf -

y ' yr 4 ,'. Z i•....

n. Z.. '; s +. s ttir .. at-,.•rp,...

y3 -

fAt r s y',, tgA1.

y

J

f •. Xr Y...% T . _ r., yvl%. .•.. L W

W FP0.. 1^F u.

t rN++y

t::4a

TTr ^,.,}.. Ayr' t e • 1 Y

M

A rej.,ti 7G

Q,`,

F T"

ydj • tp' • e , S' kC4.. 14

e,: r. Yi

e1

APPLICANT'S NAME 1\ ez\ aoy ro no 1











4


they have a conflict of interest under Virginia law.4




0: NO CHANGES AS OF DATE:

L REVISIONS SUBMITTED DATE:

f r- " E.* '-•,

y,

fcNl't ri" ''° t.. Y. - s, JS^: t . r; r 7-

sarr,-^ r'

w 4 ram' x Yz zn cr <' sad• mc>— ..

rn+•

7 w-^.,

zr _ ; y r:>... .'

1 ar3 • t ,, _ ,

y ggr.

i1y 7z..rya . Y-M";.

y..yk s

R t..+.- 7 p+ - f ^ +

uY

F .

17:y .. r.- ..

sRw .. yam: ' Y'... . n _r. SIT ' _

r

k: Virginia Beach

Ei Check here if the APPLICANT IS NOT a corporation, partnership, firm,


rg Check here if the APPLICANT IS a corporation, partnership, firm, business, orother unincorporated organization.

A) List the Applicant' s name:_ A cos YZA-



4(.5 rtvV ) ej

g fi'st




tv l le- Calefrtt, - .'

See next page for information pertaining to footnotes.' and 2

4




Check here if the PROPERTY OWNER IS a corporation, partnership, firm,business, or other incorporated organization, AND THEN, complete thefollowing.

A) List the Property Owner' s name: DA ILLIAM GR


names•

Dow

Pa 2 of 7

Virginia Beach

Ei Check here if the APPLICANT IS NOT a corporation, partnership, firm,


ElCheck here if the APPLICANT IS a corporation, partnership, firm, business, orother unincorporated organization.







See next page for information pertaining to footnotes' and2



Ei Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm,business, or other unincorporated organization.


A) List the Property Owner' s name: David' s Beach Shop VB, LLCIf an LLC, list the member' s

names: DAVID WILLIAM GROTH

Page 2 of 7

tti

Y .- k. c is

atY s

t4 a

4i-,-,,a04--Vii-- ,*.;.,$,; .,-,4,,,, ..,-.:. 7.,:., i....- .4:;:,,,.:4--.4t#,Irt,'',---'-'4--- -

I ' -1 ----::: :r ..._

1.1r: ..,',- --.. . w , •"" x :.•, Wjlgmia BeBch






2 "Affiliated business entityrelationship" means " a relationship, other thanp' parent- subsidiary



commingled funds or assets; the business entities share the use of the same offices or employees orotherwise share activities, resources or personnel on a regular basis; or there is otherwise a closeworking relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code § 2. 2- 3101.

0



Page 3 of 7

w,; ,r}

4.;. ,_,.,_+'a',-__ }:.-, `' - r ' , '

fir"` s a - r- ,-

r:

aY£

kr-. si ' 9, ' 4y&, .-.. 3:..

r(

t w. 7 ? f

J. ,. ; ..

lcC y- a % > d » tx

N ``r

i , !e

jr . ‘

ts

s , .: APPLICANT rra: ,,,, t:, Virginia Beach

YES NO SERVICE PROVIDER( use additional sheets ifneeded) JI


ElArchitect / Landscape Architect /0Land Planner


0 ® the Applicant) - identify purchaserand purchaser' s service providers



El -iw


El ® Engineers / Surveyors/ Agents

Financing ( include current

111 Elmortgageholders and lenders


0 j Legal Services




subject property


EMPLOYEE



interest?

Page 4 of 7

4 ' , r r..;! J v .• rxrs r sZy. t.. -

ti '

L

2 btF 4 1titRyy? 4 } F Attt___ e '

r

c. t . 1}.r !• Is TGn rc yfy( iilya 4. i,

o- ' k

k id it-.- tits^' A, G' ? t •

ce. . m v..« fs.•

3 arV cat-

4 - fryr,x ,. sR'. b.

yy r' 1aY.r j ri..

Limiry.• t dal . dsx

3 ate

a..,—

CERTIFICATION:


I understand that, upon receipt of notification that the application has beenscheduled for public hearing, I am responsible for updating the informationprovided herein two weeks prior to the Planning Commission, Council, VBDAme- " n!, or meeting • - ny public body or committee in connection with thisf at"• it

rmijorof Pr4F, / 144/ 6/40-kihp ( Chitrie - c 2,-/ 9- 246AP• i NTS SIGNA RE PRINT NAME DATE

L

Page 5 of 7

4

iOrp3"-. cv..-.. a+.;. .: ,

OWNER viz

YES NO SERVICE PROVIDER (ti'se additional sheets Ifneeded)


Architect / Landscape Architect /

Land Planner

Contract Purchaser ( if other thanthe Applicant) - identify purchaserand purchaser' s service providers


j, purchaser of the subject propertyidentify purchaser( s) and


aConstruction Contractors


Financing ( include current7 mortgage holders and lenders

1 selected or being considered toprovide financing for acquisitionor construction of the property)

rA Legal Services



subject property

4 6


EMPLOYEE



interest?

Page 6 of 7

5..; 71";-,T-41‘, 4irk.f,r.p,Z.--",s.*:: ;;, iir4V05.4,: .,;,".---'E'' =,,,,„

it,i'. T',.ii;--` 4:::'. %-._. --.:,-;-...;-7.,:- it.— ....- ,- — — --.:4•' r,-;,:_ .--,._,-- ..=i- ,...---

i.- '' L i•f L

yr.

r , . ""

y a',,. - 2Y

i .. i...1• , - ,[ -..,- ' .. 4)..to tab°°s

r.¢ i•' ;1`

q 3-- k1 u .'+ t. : a2 ms " 4. --," w '•

v'' •"' ,r' ' t- e,4 ". ,. 52,,,,

4. t

Pafire y .: L i i-

M

G y

et!' t

r;*

s. a At-' ? f o-.. V` ia a h4r •

CERTIFICATION:


I understand that, upon receipt of notification that the application has beenscheduled for public hearing, I am responsible for updating the informationprovided herein two weeks pri r to the Planning Commission, Council, VBDAmeeting, o etin of any p is body or committee in connection with thisApplic

DAVID WILLIAM GROTH 2/20/20

PROPER OWNER' S SIGNATURE PRINT NAME DATE -

Page 7 of 7

Virginia Beach

APPLICANT' S NAME Virginia George Company, Inc., T/A Dough Boys










Chesapeake

BayPreservationArea Lease of City Property Subdivision VarianceBoard






FOR CITY USE ONLY/ All disclosures must be updated two( 2) weeks prior to any Page 1 of 7Plannlna Commission and City Council meetinu that pertains to the application( s).




s

Ma Bea-d-

o Check here if the APPLICANT IS NOT a corporation, partnership, firm,

siness, or other unincorporated organization.

Check here If the APPLICANT IS a corporation, partnership, irm, business, orrother unincorporated organization.

A) List the Applicant' s name: V s r5101i Ct 14, c

If an LtC, list all member' s names:

If a CORPORATION, list the the names of all officers, directors, members,trustees, etc. below: ( Attach list if sary)

l 4-7 /

CetrrsL A ai• So ! P 0 e' er PteSthei




Nf4

See next page For Information pertaining to footnotes' and 2

s


Complete Section 2 only if prop erti- owner is different frfm Applicant


El Check here if the PROPERTY OWNER IS a corporation, partnership, firm,business, or other unincorporated organization, AND THEN. complete thefollowing.

A) List the Property Owner' s name: If an LLC, list the member' snames:

Page 2 of 7

Virginia Beach

El Check here if the APPUCANT IS NOT a corporation, partnership, firm.





if a CORPORATION, list the the names of all officers, directors, members,trustees, etc. below: ( Attach list If necessary)






Complete Section 2 only If property owner IsAfferent from Applicant.

El Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm,business, or other unincorporated organization.

r Check here if the PROPERTY OWNER IS a corporation, partnership, firm,business, or other unincorporated organization, AND THEN, complete thefollowing.

A) List the Property Owner' s name: BOARDWALK VENTURES, IncIf an LLC, list the member' snames:

Page 2 of 7

Virginia Beach


Stephan H. Gordon, President

Malyneli Gordon, Vice President



relationship with the Property Owner: (Attach list if necessary)None

Parent-subsidiary relationship' means ' a relationship that exists when one corporation directly orindirectly owns shares possessing more than 50 percent of the voting power of another corporation.'See State and Local Government Conflict of Interests Act, Va. Code § 2. 2- 3101.

2 'Affiliated business entity relationship' means ' a relationship, other than parent- subsidiary

relationship, that exists when ( i) one business entity has a controlling ownership interest in the otherbusiness entity, (II) a controlling owner in one entity is also a controlling owner in the other entity, orpit) there is shared management or control between the business entities. Factors that should beconsidered in determining the existence of an affiliated business entity relationship include that thesame person or substantially the same person own or manage the two entitles; there are common or

commingled funds or assets; the business entities share the use of the same offices or employees orotherwise share activities, resources or personnel on a regular basis; or there is otherwise a closeworking relationship between the entities." See State and Local Government Conflict of interests Act,Va. Code § 2. 2- 3101.


Are any of the following services being provided in connection with the subject of theapplication or any business operating or to be operated on the Property. If the answerto any item is YES, please identify the firm or Individual providing the service: IF THEOWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTIONSEPERATELY

Page 3 of 7

APPLICANT Reath

YES NO SERVICE PROVIDE1tune additional sheets if Iseeded)


dArchitect/ Landscape Architect/Land Planner

l.J

Contract Purchaser( if other thanthe ApDlicantt- identify purchaserand purchaser' s service providers

Any other pending or proposed _ 1

l purchaser of the subject propertyJJ ( identify purchaser( s) and




Financing( include current[

2(mortgage holders and lenders


L] Legal Strikes

4Real Estate Brokers /Agents/ Reahors for current andanticipated future sales of the

subject property

SECTION 4. KNOWN INTEREST BY PUBUC OFFICIAL OR

EMPLOYEE

YES NO Does an official or employee of the City of Vliginia Beach havean interest in the subject land or any proposed developmentcontingent on the subject public action?

if yes, what is the name of the official or employee and what is the nature of theinterest? &

yrs / 4, ip,, s —Resck t Hobo ") efr)" S SrSA

Page 4 of 7

CERTIFICATION:I certify that all of the information contained in this Disdosure 5 ement Form iscomplete, true, and accurate.

I understand that, upon receipt of notification that the ap Iication has beenscheduled for public hearing, I am responsible for updatincn the informationprovided herein two weeks prior to the Planning Commission, Council, VBDAmeeting, or meeting of any public body or committee in connection with thisApplication.

C a 1/

APPUCANTS PRINT N DA

Page 5 of 7

OWNERia

YES NO SERVICE PROVIDER case additional sheets Ifneeded)


Architect/ Landscape Architect/Land Planner

Contract Purchaser( if other thanthe Applicant) - Identify purchaserand purchaser' s service providers


El `' purchaser of the subject propertyidentify purchaser( s) and


1 Construction Contractors


Financing( include currentT mortgage holders and lendersI selected or being considered to

provide financing for acquisitionor construction of the property)

Legal Services


Agents/ Realtors for current andanticipated future sales of the

subject property

SECTION 4, KNOWN INTEREST BY PUBLIC OFFICIAL OREMPLOYEE

YES NO Does an official or employee of the City of Virginia Beach havean interest in the subject land or any proposed development

11contingent on the subject public action?

if yes, what is the name of the official or employee and what is the nature of the

interest?

Page 6 of 7

It llll& . 1

e - -

CERTIFICATION:

I certify that all of the information contained in this Disclosure Statement Form Iscomplete, true, and accurate.

understand that, upon receipt of notification that the application has been

scheduled for public hearing, I am responsible for updating the informationprovided herein two weeks prior to the Planning Commission, Council, VEDA

Ameeting,

p

or meeting of any public body or committee in connection with thiskration

f • Stephan H. Gordon, President 1/ 29/20G _PROPER OWNER' S SIGNATURE PRINT NAME DATE

Page 7 of 7

411/411113Virginia Beach

APPLICANT' S NAME NOtr ,S411L t I s 4 Rc cv-4s LL C1



that pertain to City real estate matters or to the development and/ or use ofproperty in the City of Virginia Beach requiring action by the City Council ora board, commission, or other body appointed by the City Council. Suchapplications and matters include, but are not limited to, the following:



Alternative Economic DevelopmentNonconforming UseCompliance, Special investment ProgramChanges

Exception for EDIP)


1 Certificate of Floodplain VarianceAppropriateness Street Closure




4

The disclosures contained In this form are necessary to informpublic officials who may vote on the application as to whether

they have a conflict of Interest under Virginia law.


FOR CITY USE ONLY/ All disclosures must be updated two( 2) weeks prior to z-V-4- 1 Page 1 of 7Planning Commission and City Council meeting that pertains to the application( s).

0 APPLICANT NOTIFIED OF HEARING DATE:

ri NO CHANGES AS OF DATE:1- 1

T


Mitb:Virginia Brad

Check here if the APPLICANT IS NOT a corporation, partnership, i firm,business, or other unincorporated organization.

Check here if the APPLICANT l5 a corporation, partnership, firm, business, orother unincorporated organization.

CreAtl' nc NoIds ,•. astkN, 1/ blot ( oAcp,i tHi A;c k & ft.' 34,A) List the Applicant' s name:__ irn t4 4 4-fit' b% 1.} 14 k!

if an LLC, list all member' s names:

crc..lo- C P 641410ek

if a CORPORATION, list the the names of all officers, directors, members,


j.nus A, '.. rh) 1 41634,1 t•L

f,i4.a 4t sYx



relationship with the Applicant: ( Attach fist If necessary)

See next page for Information pertaining to footnotes' and 2


Complete Section 2 only If property owner is different from Applicant.

ri Check here if the PROPERTY OWNER lS NOT a corporation, partnership, firm,business, or other unincorporated organization.


A) List the Property Owner' s name: t Vcivk _lL 0.0 rksJikkl, \ nc-

if an LLC, list the member' s

names:

Page 2 of 7

Viiginia Beach


Bryan Peery, Director and PresidentMatthew Rash, Vice President

8) List the businesses that have a parent- subsidiary or affiliated business entity2

relationship with the Property Owner: ( Atta h list if necessary)

kRkit. Cu' 1 c` 6\ 01cr

n..ft./it, 'l nC.ja dam

Parent- subsidiary relationship" means " a relationship that exists when one corporation directly orindirectly owns shares possessing more than 50 percent of the voting power of another corporation.°See State and Local Government Conflict of interests Act, Va. Code§ 2. 2- 3101.

2 °Affiliated business entity relationship" means " a relationship, other than parent- subsidiary

relationship, that exists when ( I) one business entity has a controlling ownership interest in the otherbusiness entity, GI) a controlling owner in one entity is also a controlling owner in the other entity, orlii) there is shared management or control between the business entities. Factors that should be


commingled funds or assets; the business entities share the use of the same offices or employees orotherwise share activities, resources or personnel on a regular basis; or there Is otherwise a closeworking relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code § 2. 2- 3101.

t


Are anyof the followingservices being provided in connection with the subject of theapplication or any business ooerating or to be operated on the Property. If the answerto any item is YES, please identify the firm or individual providing the service: IF THEOWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTIONSEPERATELY

Page 3 of 7

NBAPPLICANT virgin» aBeach

YES + use additionalNO SERVICEPROVIDER sheets if )

vneeded)


Architect/ Landscape Architect/

Land Planner

rContract Purchaser( If other than

Lthe Apoiicant) - identify purchaserand purchaser' s service providers


l jXpurchaser of the subject property

l ( ( identify purchaser( s) andi purchaser' s service providers)

E /., Construction Contractors

Or 1 Engineers/ Surveyors/ Agents


I D { mortgage holders and lenders


Legal Services

Real Estate Brokers / 1

i„,' Agents/ Realtors for current andanticipated future sales of the

subjectproperty i

4


EMPLOYEE

YES NO , Does an official or employee of the City of Virginia Beach havean interest in the subject land or any proposed developmentcontingent on the subject public action?


interest?

Page 4 of 7

i

11B(*iv

Virginia Beach

1 CERTIFICATION:


I understand that, upon receipt of notification that the application has beenI scheduled for public hearing, I am responsible for updating the informationprovided herein two weeks prior to the Planning Commission, Council, VBDAmeeting, or meeting of any public body or committee in connection with thisApplication.

James Carroll 2/ 21/ 20APPLI ' S SIGNATURE PRINT NAME DATE

Page 5 of 7

OWNERNE.-...:rgin; eBexch

YES NO SERVICEPROVIDER( useadditionidaheets If

needed)

Accounting and/ or preparer of t

your tax return

El) Architect/ Landscape Architect/

Land Planner

E/ Contract Purchaser( jf other thenthe Apalicant)- identify purchaserand purchaser' s service providers


El purchaser of the subject properlyLJ ( Identify purchasers) and


Li Construction Contractors



ES selected or being considered toprovide financing for acquisitionor construction of the property)

Legal Services

Real Estate Brokers /I Agents/ Realtors for current and

Ianticipatedfuture sales of the

subject property


EMPLOYEE

YES NOoes an official or employee of the City of Virginia Beach haven interest in the subject land or any proposed development

E contingent on the subject public action?


interest?

Page 6 of 7

v 1V ttIa Beads



scheduled for public hearing, I am responsible for updating the informationprovided herein two weeks prior to the Planning Commission, Council, VBDAmeeting, or meet' ng f any public body or committee in connection with thisAp li atio .

ym o as / _ , 2/ 21/ 20

PR RTY OWNER' S SIGf RE PRINT NAME DATE

Page 7 of 7

x". r'rr _ •.KG a+-,_n».

e. SC -.. _ ._'- r.<Tsx. d.: - .:._. _,.,...< _..

Virginia Fi,.. 1(

APPLICANT' S NAME h awe 1' z




Acquisition of Property Disposition of City Modification ofby City Property Conditions or ProffersAlternative Economic Development









FOR CITY USE ONLY/ Ali disclosures must be updated two( 2) weeks prior to any Page 1 of 7Planning Commission and Cit", Council meeting that z. ertains to the application( s).

O APPLICANT NOTIFIED OF HEARINGI

DATE:



NBVirginia Beach



XCheck here if the APPLICANT / S a corporation, partnership, firm, business, orother unincorporated organization.

A) List the Applicant' s name: P/Clh e l I r 226 In C..

If an LLC, list/ all member' s names:

rv4


1 ndreas VAS




AV / 9





Check here if the PROPERTY OWNER / S a corporation, partnership, firm,business, or other unincorporated organization, AND THEN, complete the

following.(

A) List the Property Owner' s name: llvhA-i . Sh40/p) L L. CIf an LLC, list the member' s

names:

Gf/ €ant- /314- 4, ,

Page 2 of 7

iNN3Virginia Beach


v 1F-B) List the businesses that have a parent- subsidiary

1



4.„

1 " Parent- subsidiary relationship' means " a relationship that exists when one corporation directly orindirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, Va. Code § 2. 2- 3101.




commingled funds or assets; the business entities share the use of the same offices or employees orotherwise share activities, resources or personnel on a regular basis; or there is otherwise a close

working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code § 2. 2- 3101

o



SEPERATELY

Page 3 of 7

APPLICANT Virginia Beach

YES NO SERVICE PROVIDER( use additional sheets if Ineeded),

nAccounting and/ or preparer of JOYves C PAl

your tax return

Architect/ Landscape Architect/Land Planner

kContractPurchaser( if other than

the Applicant)- identify purchaserand purchaser' s service providers

Any other pending or proposedpurchaser of the subject property

LJ identify purchaser( s) andpurchaser' s service providers)

rConstruction Contractors

KEngineers/ Surveyors/ Agents



Legal Services


F Agents/ Realtors for current and


subject property


EMPLOYEE

YES NO Does an official or employee of the City of Virginia Beach havean interest in the subject land or any proposed development

Ucontingent on the subject public action?


interest?

Page 4 of 7

gq\

A3Virginia Beach

CERTIFICATION:



scheduled for public hearing, I am responsible for updating the informationprovided herein two weeks prior to the Planning Commission, Council, VBDAmeeting, or meeting of any public body or committee in connection with thisApplicati

Andre&S v 1j343o

APPL CANT' S SIGNATURE PRINT NAME DATE

Page 5 of 7


YES NO ' SERVICE PROVIDER( use additional sheets ifneeded)

1- 1 Accounting and/ or preparer ofyour tax return

ZI Architect/ Landscape Architect/

Land Planner


Ki the Applicant)- identify purchaserand purchaser' s service providers




7s Engineers/ Surveyors/ Agents



CZLegal Services


As, Agents/ Realtors for current and


subject property


EMPLOYEE



interest?

Page 6 of 7

a\

43Virginia Beach

CERTIFICATION:

jI certify that all of the information contained in this Disclosure Statement Form iscomplete, true, and accurate.


Ogle/PRO RTY OWNER' S NATURE PRINT NAME DATE

Page 7 of 7

Virginia Beach

APPLICANT' S NAME Rock Fish Sea Grill, LLC, T/A Rockfish



that pertain to City real estate matters or to the development and/ or use ofproperty in the City of Virginia Beach requiring action by the City Council ora board, commission, or other body appointed by the City Council. Such






Exception for EDIP)





Board


4






Planniny Commission and Cit, Council meetimi that;: ertains to the a , Iication( s).


O NO CHANGES AS OF DATE:

Q REVISIONS SUBMITTED DATE: I

r, a

Virginia Beach



Rj Check here if the APPLICANT IS a corporation, partnership, firm, business, orother unincorporated organization.

A) List the Applicant' s name: E c_-NAs)If an LLC, list all member' s names:







Complete Section 2 only// property owner is 4fferent from pplicant.



following.


names:

Page 2 of 7

VA

IBVirginia Beach





1 " Parent-subsidiary relationship" means " a relationship that exists when one corporation directly orindirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, Va. Code § 2. 2- 3101.

2 "Affiliated business entity relationship" means ` a relationship, other thanp p parent- subsidiary

relationship, that exists when ( i) one business entity has a controlling ownership Interest in the otherbusiness entity, ( ii) a controlling owner in one entity is also a controlling owner in the other entity, oriii) there is shared management or control between the business entities. Factors that should be



otherwise share activities, resources or personnel on a regular basis; or there is otherwise a closeworking relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code § 2. 2- 3101

4



Page 3 of 7

VV-

APPLICANT Virginia Beach

YES NO r SERVICE PROVIDER ( use additional sheets ifneeded)

21 Accounting and/ or preparer ofyour tax return

El ® Architect/ Landscape Architect/

Land Planner


El RIthe Applicant)- identify purchaserand purchaser' s service providers




nEt Engineers/ Surveyors/ Agents



Legal Services


2 Agents/ Realtors for current and


subject property

s


EMPLOYEE



interest?

Page 4 of 7

r.

Virginia Beach

CERTIFICATION:




b, BR 44 en R. So t) , C fo V,yi•APPLICANT' S SIGMA PRINT NAME DA E

Page 5of7


YES NO SERVICE PROVIDER( use additional sheets Ifneeded) 1



Land Planner

Contract Purchaser( if other thanthe Applicant)- identify purchaserand purchaser' s service providers




El Engineers/ Surveyors/ Agents



111 Legal Services




subject property

4


EMPLOYEE



Page 6 of 7

Virginia Beach

CERTIFICATION:



b . t' a so CA a.so , Up i/ 74/ 2oziPROPERTY OWNER' S TURE PRINT NAME DATE

Page 7 of 7

MEMBERS OF ROCK FISH SEA GRILL, LLC

MEMBER INTEREST

Edmund C. Ruffin 20. 89%

Heritage Investments 73. 98%

Kimberly Midgett 0. 417%

Charles J. Sass 0. 417%

James P. McAllister 0. 417%

John L Houser, Jr./ Carmella Houser 0. 830%

Estate of Michael Poch 0. 211%

Daniela Cusano 0. 523%

Thomas G. Griffin 0. 211%

Michael H. Levinson 0. 834%

Robert M. Howard 1. 267%

100%

tt

APPLICANT' S NAME VB' S Raw Bar, Inc. t/a Seaside Raw Bar



that pertain to City real estate matters or to the development and/ or use ofproperty in the City of Virginia Beach requiring action by the City Council ora board, commission, or other body appointed by the City Council. Such






Exception for EDIP)





Board







Planning Commission and City Council meetinc3 that pertains to the apolication( s).

CI APPLICANT NOTIFIED OF HEARING DATE:

El NO CHANGES AS OF DATE:

El REVISIONS SUBMITTED DATE:

F ^ f'wr.T'" v N-- " 7 s S.rri . : w. r4• r....> k:. r'

x' jr. •',

x `'.-. .' vmr -.- fdjb `",. rV ` x cr l.os .` -

I , ttr- s C,

m Y.:,d" c

Z

r i . .-

fig ltg<'S, } a

v

1 t , fir• '•zkq L d rr ir , ct „

t 4 , t ta

1• Ra. eF .;..',,ar"Cb ';' 4 '` Aff:++Ftx-rr, ,. r. / 3i k. r y*-— t_,,v. ,;.—

icc ` , }

1'- Y G rx. ,' F tl? y^ :i: a

tr"•`' t ` 3. A:. E• L " ` 1sstt rvem. Tr'rr•C•."

r-'r GIh • `•-) ' "' '•c

t

7j ,,.. rr}. -. . y gd• n? x s paltr q'. ,.. ..: .... ..... .. . c.-tr.:^ti•e`' r. .,, Kia -'.( yf 0 I o-

K" `+ af

T ' F

f`

r _<J t ,

F. .:''a 6'+'_'J.5' Tsr

rr•, -r+

i. - S t aysg c.Q

Check here if the APPLICANT IS NOT a corporation, partnership 4 irm,business, or other unincorporated organization,

z. Check here if the APPLICANT IS a corporation, partnership, firm, business, orother unincorporated organization.

A) List the Applicant' s name: VB' S Raw Bar, Inc,


NIA


Shawn Levett/ President

B) List the businesses that have a parent- subsidiary or affiliated business entityz


N/ A




El Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm,business, or other unincorporated organization.

IZ Check here if the PROPERTY OWNER IS a corporation, partnership, firm,business, or other unincorporated organization, AND THEN, complete the

following.

A) List the Property Owner' s name: 4<V e_D LLC____If an LLC, list the member' s

namesrrei- t KyASf J0(4- -)

Page 2 of 7

x r, . Virginia Beach













Va. Code § 2. 2- 3101.



Page 3 of 7

s _

Are- 14BAPPLICANT Virginia Beach


needed)


I1 7Architect/ Landscape Architect/I 1 Land Planner

ElContractPurchaser ( if other than


Any other pending or proposedpurchaser of the subject propertyidentify purchasers) and


ElConstruction ContractorsN Engineers / Surveyors/ Agents



I J Legal Services


Agents/ Realtors for current and111 anticipated future sales of the

subject property

s


EMPLOYEE



Page 4 of 7

M

CERTIFICATION:



Shawn Levett 2- 20- 20

APPU NT' S SIGNATURE PRINT NAME DATE

Page 5 of 7

ti;: ... ' t rx i r, . J E-

7

s.. T.?-_. xt T - C -

k,',

r ma'sc 4; t.

X i,r••giF-n,,[ (. y e

T

r

F y

6

4Q

k,

Y

6tX 41

v]` 7y

FJ(

F f' S rc,

Y

i- y{ ram f 9

wf

S 4 ,,,; rt, T ..zf y,

j e •..p,.. --

mot a w.7' - X,. , .

ate_ v 7r

r t_

3 `' F'

3t (.:

rc y7'"".

5' q.Y

x° c yt .+ Sl- s< Z.c + €

i. - tU r.

1

1 }'+ y * f '..o isFrs a , ar ,;,.. S7 ti.. '.

d-} ", r. -• zzc• r. t+. 2, r a - t' i

j2'F t , 5 t- ••i o -

461

5

N hM Awl .'

iYES NO SERVICEPROVIDER( u"se additional sheets If

needed)-.--El

El ig Accounting and/ or preparer ofyour tax return

CArchitect/ Landscape Architect/

Land Planner

ElContractPurchaser( if other than

the Applicant) -- identify purchaserand purchaser' s service providers


Q gj purchaser of the subject propertyidentify purchaser(s) and


0 ' Construction Contractors

Ucyj Engineers/ Surveyors/ Agents


El 173mortgage holders and lenders


Legal Services


C Agents/ Realtors for current andanticipated future sales of the

subject property


EMPLOYEE


0an interest in the subject land or any proposed developmentcontingent on the subject public action?


Page 6 of 7

r. ' Cm '" w"'.ct e:'y ,

L 1- fx'+• 2'.• ''; S2- *.. N•dM

c• i"••+,•s,,"°',.. 'lr; Yji?•K'+AON c

L. ... lira {;!: 1'3•

CERTIFICATION:


I understand that, upon receipt of notification that the application has beenscheduled for public hearing, I am responsible for updating the informationprovided herein two weeks prior to the Planning Commission, Council, VBDA

i meeting, or meeting of any public body or committee in connection with thisApplication.

Mr ( r. S JL comesPROPER OWNER' S SIGMA7 URE (/,/+ PRINT NAME DATE

Page 7 of 7

t

Virginia Beach

APPLICANT' S NAME 1 t il" 0.-%c e+ I G rLt..)c , LL C






Exception for EDIP)


Certificate of Floodplain VarianceAppropriateness

FranchiseStreet Closure

Historic Review Board) Agreement







FOR CITY USE ONLY/ All disclosures must be updated two( 2) weeks prior to any Page 1 of 7Planninn Commission and City Council meeana that uerta, ns to the aupiicatwMs)

Q APPLICANT NOTIFIED OF HEARING DATE

0 NO CHANGES AS OF DATE

Q REVISIONS SUBMITTED DATE

NB. .Virginia Beach

0 Check here if the APPLICANT IS NOT a corporation, partnership, firm,usiness, or other unincorporated organization.

Check here if the APPLICANT IS a corporation, partnership, firm, business, orDi'other unincorporated organization.

A) List the Applicant' s name: f ( th $+

ree+ 1?}tOUSt, LL CoIf an LLC, list all member' s names: Zev StbonN

HQ. flan i oi, S166ntIf a CORPORATION, list the the names of all officers, directors, members,trustees, etc. below: ( Attach list If necessary)

B) Ust the businesses that have a parent-subsidiary1



u1-4





I, Check here if the PROPERTY OWNER 15 a corporation, partnership, firm,business, or other unincorporated organization, AND THEN, complete thefollowing.

1A) List the Property Owner' s name: 1. L r re-0- -TG17{- r LL L

If an LLC, list the member' sZeV S tpf

lnames:

an qk i O, SiLan

J

Page 2 of 7

nia Beach




relationship with the Property Owner: (Attach list if necessary)

I ' Parent- subsidiary relationship" means " a relationship that exists when one corporation directly orindirectly owns shares possessing more than SO percent of the voting power of another corporation?See State and Local Government Conflict of Interests Act, Va. Code § 2. 2- 3101.

2 "Affiliated business entity relationship' means " a relationship, other than parent subsidiary

relationship, that exists when ( I) one business entity has a controlling ownership Interest In the otherbusiness entity, ( ii) a controlling owner in one entity is also a controlling owner in the other entity, orpii) there is shared management or control between the business entities. Factors that should be



otherwise share activities, resources or personnel on a regular basis; or there is otherwise a closeworking relationship between the entities' See State and Local Government Conflict of Interests Act,Va. Code§ 2. 2- 3101.


Are any of the following services being provided in connection with the subject of theagolication or anv business operating or to be operated on the Property. If the answerto any item Is YES, please identify the firm or individual providing the service: IF THEOWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION

SEPERATELY

Page 3 of 7

APPLICANT Virginia Beech``

YES NO I SERVICE l I PROVIDER(neuse.

addedediidons! sheets If

r__

E Accounting and/ or preparer of 16 t . r-- Compantij,your tax return


Land Planner

0Contract Purchaser( Mother Manthe Applicant)- identify purchaserand purchaser' s service providers


El © purchaser of the subject propertyidentify purchaser( s) and





Elmortgage holders and lenders


Legal Services mn1 i n C ' P t.Asc a


Ei Agents/ Realtors for current andanticipated future sales of the

subject property

a


EMPLOYEE


If yes, what Is the name of the offidal or employee and what Is the nature of the

interest?

Page 4 of 7

Virginia Basch

Jemw


I understand that, upon receipt of notification that the application has beenscheduled for public hearing, I am responsible for updating the Informationprovided herein two weeks prior to the Planning Commission, Council, VBDAmeeting, or meeting of any public body or committee in connection with this

pli ion.

Ai 51 GJa1 rL,/ io 241u1J

APPLICANT' S A '' PRINT NAME DATE

Page 5 of 7


YES NO SERVICE PROVIDER (use additional sheets ifneeded)

EjAccounting and/ or preparer ofyour tax return

El Architect/ Landscape Architect/Land Planner

nContract Purchaser( if other than

Uthe Aoniicant)- identify purchaserand purchaser' s service providers


El El purchaser of the subject propertyidentify purchaser(s) and

purchaser' s servke providers)

ElConstruction Contractors

1: 1 El Engineers/ Surveyors/ Agents

Financing( include current

a mortgage holders and lenders


EiLegal Services

Real Estate Brokers /Agents/ Realtors for current andanticipated future sales of the

subject property



D an interest in the subject land or any proposed developmentcontingent on the subject public action?

if yes, what is the name of the official or employee and what is the nature of the

interest?

Page 6 of 7

Virginia Beach

t

CERTIFICATION:




Page 7 of 7

i.

OC.,/fteyL

µ '


AGENDA ITEM

ITEM: ALTERNATIVE 1 ( STAFF PROPOSAL): An Ordinance to Authorize the CityManager to Execute a Sponsorship Agreement with Something in the Water,LLC

ALTERNATIVE 2 ( REQUESTED BY THE MAYOR, THE VICE MAYOR, AND

COUNCILMEMBERS BERLUCCHI, ROUSE, TOWER, WILSON, AND

WOOTEN): An Ordinance to Authorize the City Manager to Execute aSponsorship Agreement with Something in the Water, LLC, and to TransferFunds


Background: Last year, Mr. Pharrell Williams conceptualized and produced asuccessful inaugural Something in the Water Festival that focused on welcoming visitingcollege students, local residents, and guests from outside our region to the VirginiaBeach Oceanfront. This ordinance would have authorized the City Manager to executea sponsorship agreement with Something in the Water, LLC for the 2020 Festival.

This item was deferred by City Council from March 3, 2020 to March 17, 2020, but theCouncil' s March 17, 2020 formal meeting was cancelled due to the Governor's COVID-19 Pandemic state of emergency declaration on March 12, 2020.

Considerations: Due to the COVID- 19 Pandemic, the 2020 Festival was

cancelled, so this item is no longer needed, and staff recommends that the item be

withdrawn.

Public Information: Normal Council Agenda process.

Attachments: Disclosure Form

ALTERNATIVE 1: Ordinance; Exhibit A: Summary of Sponsorship

ALTERNATIVE 2: Ordinance; Exhibit A: Summary of Sponsorship

Alternative 1 requested by Office of the City Manager T'

Alternative 2 requested by the Mayor, the Vice Mayor, and Councilmembers

Berlucchi, Rouse, Tower, Wilson, and Wooten

ALTERNATIVE 1: STAFF PROPOSAL

1 AN ORDINANCE TO AUTHORIZE THE CITY

2 MANAGER TO EXECUTE A SPONSORSHIP

3 AGREEMENT WITH SOMETHING IN THE WATER,

4 LLC

5

6 WHEREAS, the City wishes to express its support for the proposed Something in7 the Water Festival ( the " Festival"); and

8

9 WHEREAS, in furtherance of that objective, the City desires to be a sponsor of10 the Festival; and

11

12 WHEREAS, the City programmed $ 250,000 in the FY 2019- 20 Operating Budget13 for such sponsorship; and14

15 WHEREAS, the general outline of the sponsorship is set forth in the summary16 ( attached as ALTERNATIVE 1 : EXHIBIT A).

17

18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF19 VIRGINIA BEACH, THAT:

20

21 The City Manager is hereby authorized to execute a sponsorship agreement22 between the City and Something in the Water, LLC, in a form acceptable to the City23 Manager and approved by the City Attorney, consistent with the attached summary of24 terms.

Adopted by the Council of the City of Virginia Beach, Virginia on the dayof 2020.


Office of Ity Manager t e City Attorney

CA1 5004

R- 1 ( ALTERNATIVE 1: STAFF PROPOSAL)

February 20, 2020

ALTERNATIVE 1 ( STAFF PROPOSAL)

EXHIBIT A

SUMMARY OF SPONSORSHIP

SOMETHING IN THE WATER FESTIVAL

Purpose: To have a multi- cultural, multi- faceted Festival ( the" Festival") the week of April

20 through April 26, 2020 at the Oceanfront

Parties: City of Virginia Beach(" City") and Something in the Water, LLC (" Producer")

City Financial Sponsorship:250,000 from the TIP Fund, which is to be paid after the Festival is completed and the Producer

has delivered the agreed- upon program.

City In-Kind Contributions:Use of the Convention Center for conference type events

Use of the City' s various resort stages for concertsUse of agreed upon public parking lots for direct Festival support and rideshareCity Public Safety and Public Works personnel already programmed for College Beach WeekendHRT Trolley service for April 24- 26, 2020

Responsibilities of the Producer:

Create a festival with the general outline as follows:o Where young people will meet others who are pushing business and culture

forward

o Where they' ll come to experience music, food, sports, technology, and mostimportantly, what' s next.

o Where these bright young minds may find their first job out of college, or theywill be inspired to start a company of their own

o Programming at the Convention Center available to the community

Provide Festival attendance and sponsor information for safety/ security and economic impactpurposes

ALTERNATIVE 2: REQUESTED BY THE MAYOR, THE VICE MAYOR, ANDCOUNCILMEMBERS BERLUCCHI, ROUSE, TOWER, WILSON, AND WOOTEN


2 MANAGER TO EXECUTE A SPONSORSHIP

3 AGREEMENT WITH SOMETHING IN THE WATER,4 LLC, AND TO TRANSFER FUNDS

5

6 WHEREAS, the City wishes to express its support for the proposed Something in7 the Water Festival ( the " Festival"); and

8

9 WHEREAS, in furtherance of that objective, the City desires to be a sponsor of10 the Festival; and

11

12 WHEREAS, the City desires to increase its partnership with the Festival above13 the previous year to further indicate its support; and14

15 WHEREAS, the general outline of the sponsorship is set forth in the summary16 ( attached as ALTERNATIVE 2: EXHIBIT A).

17


19 VIRGINIA BEACH, THAT:

20

21 1 . The City Manager is hereby authorized to execute a sponsorship agreement22 between the City and Something in the Water, LLC, in a form acceptable to the23 City Manager and approved by the City Attorney, consistent with the attached24 summary of terms.25

26 2. $ 250, 000 is hereby transferred from the Reserve for Contingencies in the27 Tourism Investment Program Fund to the Operating Budget of the Convention28 and Visitors Bureau in furtherance of the City' s sponsorship of the Something in29 the Water Festival provided the amount of sponsorship shall not exceed the30 admissions taxes generated by the Festival.



he City Attorney

CA15003

R- 4 ( ALTERNATIVE 2: SEVEN SPONSORS)

March 11, 2020

ALTERNATIVE 2 ( REQUESTED BY THE MAYOR, THE VICE MAYOR, AND

COUNCILMEMBERS BERLUCCHI, ROUSE, TOWER, WILSON, AND

WOOTEN)

EXHIBIT A

SUMMARY OF SPONSORSHIP

SOMETHING IN THE WATER FESTIVAL

Purpose: To have a multi- cultural, multi- faceted Festival ( the " Festival") the last week of

April at the Oceanfront with the hub of it in the ViBe Creative District.

Parties: City of Virginia Beach(" City") and Something in the Water, LLC (" Producer")

City Financial Sponsorship:500,000 from the TIP Fund, which is to be paid after the Festival is completed and the Producer

has delivered the agreed-upon program, and in no event shall the financial sponsorship exceed theadmissions taxes generated by the Festival. The amount of the sponsorship will be paid after theFestival is completed and the Producer has delivered the agreed-upon program.

City In-Kind Contributions:Use of the Convention Center for conference type events

Use of the City' s various resort stages for concertsUse of agreed upon public parking lots for direct Festival support and rideshareCity Public Safety and Public Works personnel already programmed for College Beach WeekendHRT Trolley service for April 24- 26, 2020

Responsibilities of the Producer:

Create a festival with the general outline as follows:o Where young people will meet others who are pushing business and culture

forward

o Where they' ll come to experience music, food, sports, technology, and mostimportantly, what' s next.

o Where these bright young minds may find their first job out of college, or theywill be inspired to start a company of their own

o Programming at the Convention Center available to the community

Provide Festival attendance and sponsor information for safety/ security and economic impactpurposes.






Organization name: Something in the Water, LLC





needed)

XAccounting and/ or preparer of

NKFSB, LLC

your tax return10960 Wilshire Blvd. 5` h Floor

Los Angeles, CA 90024


Xlending/ banking institutions and N/ Acurrent mortgage holders as

applicable)

Cohen & Gardner LLP

X 0 Legal Services 345 N Maple Dr.

Beverly Hills, CA 90210

Red rock Ent Services, LLC

Broker/ Contractor/ Engineer/ Other 1 49 E Santa Anita Ave.

XService Providers Burbank, CA 91 502

CERTIFICATION:



0‘,/, Ford Englerth 2/ 25/ 20

A ¢ LA 'S SI N/ rURE PRINT NAME DATE

lS Mu° ' y

ti

mow:


AGENDA ITEM

ITEM: An Ordinance to Authorize the City Manager to Execute an Agreement with theVirginia Beach School Board for the Use of School Buses and to AppropriateMiscellaneous Revenue


Background: The Something in the Water Festival ( the " Festival") was

scheduled for the last week of April. This ordinance would have authorized the CityManager to execute an agreement with the Virginia Beach School Board for the use ofschool buses during the Festival.

Considerations: Due to the COVID- 19 Pandemic, the 2020 Festival was

cancelled, so this item is no longer necessary, and staff recommends that the item bewithdrawn.

This item was originally part of the agenda for the City Council' s March 17, 2020 formalmeeting, but that meeting was cancelled due to the Governor' s COVID- 19 Pandemicstate of emergency declaration on March 12, 2020.

Public Information: Normal City Council agenda process.

Recommendations: Withdraw

Attachments: Ordinance; Virginia Code § 22. 1- 182; School Board Policy 7- 52

Recommended Action: Withdraw

Submitting Department/Agency: Office of the City Manager

City Manager: / m L,


2 MANAGER TO EXECUTE AN AGREEMENT WITH

3 THE VIRGINIA BEACH CITY PUBLIC SCHOOLS FOR

4 THE USE OF SCHOOL BUSES AND TO

5 APPROPRIATE MISCELLANEOUS REVENUE

6

7 WHEREAS, the safe and efficient movement of people is a public purpose; and8

9 WHEREAS, Virginia law allows a local governing body to enter into an agreement10 with the local school board to use school buses; and

11

12 WHEREAS, the Something in the Water Festival has committed to reimburse the13 City for the actual costs of the use of school buses;14

15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,16 VIRGINIA, THAT:

17

18 1 . The City Council hereby authorizes the City Manager or designee to execute19 an agreement with the Virginia Beach School Board consistent with the20 requirements set forth in § 22. 1- 82 of the Code of Virginia and Policy 7- 52 of21 the School Board for the use of school buses during the Something in the Water22 Festival, provided the agreement is approved for legal sufficiency by the City23 Attorney and the agreement provides the bus drivers are to be volunteer only,24 the buses are cleaned and inspected by a third party or supervisor at the25 conclusion of the Festival, and there will be a placard on each bus disclosing26 the video monitoring from the interior bus cameras; and27

28 2. $ 250. 000 in estimated reimbursement from the Something in the Water Festival29 is hereby appropriated, with miscellaneous revenue increased accordingly, for30 the costs associated with the agreement for use of school buses, provided the31 City Manager or designee is directed to reduce this appropriation and the32 estimated revenue to the amount of the total costs of the agreement authorized33 in # 1, supra, when the amounts are known and the work completed.34

35 BE IT FURTHER ORDAINED, THAT:

36

37 In addition to the requirements above, the authorization for the City Manager to38 execute the agreement with the School Board is conditioned upon:39

40 a. The Virginia Beach School Board approving the agreement for the use of the41 school buses; and

42 b. The Something in the Water Festival providing proof of liability insurance, self-43 insurance or other indemnity satisfactory to the City' s Risk Manager for full44 liability coverage of the City at no cost to the City.


Requires an affirmative vote by a majority of all of the members of City Council.


i.

2____DCi e Office City A ney' s Office

CA15027

R- 1

March 5, 2020

Code of Virginia

Title 22. 1. Education

Chapter 12. Pupil Transportation

22. 1- 182. Use of school buses for public purposesThe school board of any school division may enter into agreements with the governing body ofany county, city or town in the school division, any state agency or any agency established oridentified pursuant to United States Public Law 89- 73 or any law amendatory or supplementalthereto providing for the use of the school buses of such school division by such agency or bydepartments, boards, commissions or officers of such county, city or town for public purposes,including transportation for the elderly. Each such agreement shall provide for reimbursing theschool board in full for the proportionate share of any and all costs, both fixed and variable, ofsuch buses incurred by such school board attributable to the use of such buses pursuant to suchagreement. The governing body, state agency or agency established or identified pursuant toUnited States Public Law 89- 73 or any law amendatory or supplemental thereto shall indemnifyand hold harmless the school board from any and all liability of the school board by virtue of useof such buses pursuant to an agreement authorized herein.

Code 1950, § 22- 151. 2; 1973, c. 368; 1975, c. 633; 1980, c. 559.

The chapters of the acts of assembly referenced in the historical citation at the end of this section

may not constitute a comprehensive list of such chapters and may exclude chapters whose

provisions have expired.

1 3/ 5/ 2020

Use of School Buses 7- 52

School Board of the City of Virginia Beach

Policy 7- 52

COMMUNITY RELATIONS

Use of School Board Equipment: Use of School Buses

A. Eligible Organizations

In accordance with applicable law, the following organizations may enter into a contract for theuse of school buses provided the request is approved by the School Division:

1. State government agencies;

2. Local government agencies;

3. Agencies organized under Public Law 89- 73( Older Americans Act of 1965); and

4. Non- profit community organizations serving the mentally and/ or physicallydisabled.

B. Contractual Arrangements

The School Board shall enter into a written contract with the eligible agency covering, but not

limited to, the following:

1. A Hold Harmless Agreement with the eligible agency that indemnifies and holdsharmless the School Board from any and all liability of the School Board by virtueof use of such school buses.

2. The School Board shall be reimbursed for the operational cost, excluding drivers'

salary and depreciation, on a mileage basis at the rate as reported on the VirginiaBoard of Education Transportation Report for the preceding year.

3. The School Board shall be reimbursed for the cost of the drivers' salary at the

actual rate per hour paid plus 16 percent to cover fixed charges and administrativeexpense.

4. The School Board shall be reimbursed for depreciation of the capital expenditure

based on the actual cost of the vehicle with a life expectancy of 100, 000 miles.

5. Only regular employees of the School Board and employees of the City of VirginiaBeach approved by the Superintendent, licensed to drive school buses, will bepermitted to drive.

Legal Reference

Code of Virginia§ 22. 1- 182, as amended. Use of school buses for public purposes.

1N4-,r : ? 4

L....0„,

lcKti N


ITEM: A Resolution to Direct the City Manager Study the C- PACE Program andConsider the Feasibility and Desirability of Implementation of a C- PACEProgram for Virginia Beach


Background: The General Assembly has authorized localities to undertake aCommercial Property Assessed Clean Energy ( C- PACE) Program. C- PACE offers a

financing option for commercial property owners and new construction developers tofund clean energy systems, resiliency improvements, and stormwater management

improvements. By leveraging a voluntary assessment lien against participatingproperties, C- PACE financing is generally less expensive than commercial loans. A C-

PACE program may be structured to utilize only private capital, and all billing andcollection for C- PACE loans may be undertaken by a third party administrator.

There are C- PACE programs in 36 states and the District of Columbia. C- PACE has

been implemented by the following Virginia localities: Arlington County; Alexandria;

Fredericksburg; Lynchburg; Richmond; Fairfax County; Loudoun County; Dumfries; andPetersburg.

Considerations: The attached resolution does not unequivocally commit theCity to undertaking a C- PACE Program. Rather, the resolution directs the City Managerto study the C- PACE Program and consider the feasibility and desirability of

implementation of such a program for Virginia Beach. The resolution includes a three-

month timeline, so the C- PACE exploration will not be lost in the City Manager hiring

process.


Public Information: Public information will be provided through the normalCouncil agenda process.

Attachments: Resolution

Requested by Councilmembers Abbott and Berlucchi

REQUESTED BY COUNCILMEMBERS ABBOTT AND BERLUCCHI

1 A RESOLUTION TO DIRECT THE CITY MANAGER STUDY2 THE C- PACE PROGRAM AND CONSIDER THE

3 FEASIBILITY AND DESIRABILITY OF IMPLEMENTATION4 OF A C- PACE PROGRAM FOR VIRGINIA BEACH5

6 WHEREAS, the General Assembly has authorized localities to undertake a7 Commercial Property Asc ssed Clean Energy ( C- PACE) Program;8

9 WHEREAS, C- PACE offers a financing option for commercial property owners and10 new construction developers to fund clean energy systems, resiliency improvements, and11 stormwater management improvements;

12

13 WHEREAS, by leveraging a voluntary assessment ken against participating14 properties, C- PACE financing is generally less expensive than commercial loans;15

16 WHEREAS, a C- PACE program may be structured to utilize only private capital,17 and all billing and collection for C- PACE loans may be undertaken by a third party18 administrator;

19

20 NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY21 OF VIRGINIA BEACH, VIRGINIA THAT:22

23 The City Council directs the City Manager to study the C- PACE Program and24 consider the feasibility and desirability of implementation of a C- PACE Program for25 Virginia Beach with the results of such study to be provided to the Council within three26 months from the adoption of this resolution.

Adopted by the City Council of the City of Virginia Beach, Virginia, on thisday of 2020.


ey's Office

CA14993

R- 2

March 10, 2020

I 40;44

It ifsi

CITY OF VIRGINIA BEACHAGENDA ITEM J

ITEM: A Resolution Adopting a Reforestation Policy


Background: As the City of Virginia Beach confronts the challenges of increasedcoastal flooding, it is critical to evaluate all possible solutions to reduce flood risk— not

only engineering approaches, but also flood management services provided by " greeninfrastructure." Forests are the foundation of the City' s green infrastructure and one of theCity' s most important natural resources, and according to the latest tree canopy analysis,39% of the City is covered with tree canopy.

Much of this forest infrastructure has close contact with water, and trees serve as valuable

water managers": forests reduce runoff; they remove excess water; and in the floodplainand near coasts, trees and shrubs can abate storm surges. City construction projects onCity property often necessitate the removal of trees, and the City Council desires to adopta policy to ensure the replacement of those trees.

Considerations: This resolution adopts the policy that the City will replace anytrees that the City removes on City property. For the City's first reforestation/ treemitigation project, the City will use at least 10 acres of the property acquired by the Cityfrom the former proposed Village D of the Ashville Park property, and the City' sstormwater staff will determine the best of that acreage to use as a tree buffer that would

conform to the properties the City needs to conserve as described in the Sea Level Wiseproposal.

This item was originally part of the agenda for the City Council' s March 17, 2020 formalmeeting, but that meeting was cancelled due to the Governor' s COVID- 19 Pandemic stateof emergency declaration on March 12, 2020.

Public Information: Public information will be provided through the normalCouncil agenda process.

Attachments: Resolution

Requested by City Council

REQUESTED BY CITY COUNCIL

1 A RESOLUTION ADOPTING A REFORESTATION POLICY

2

3 WHEREAS, as the City of Virginia Beach confronts the challenges of increased4 coastal flooding, it is critical to evaluate all possible solutions to reduce flood risk— not

5 only engineering approaches, but also flood management services provided by " green6 infrastructure;"

7

8 WHEREAS, forests are the foundation of the City' s green infrastructure and one9 of the City' s most important natural resources, and according to the latest tree canopy

10 analysis, 39% of the City is covered with tree canopy;11

12 WHEREAS, much of this forest infrastructure has close contact with water, and

13 trees serve as valuable " water managers": forests reduce runoff; they remove excess14 water; and in the floodplain and near coasts, trees and shrubs can abate storm surges;

15

16 WHEREAS, City construction projects on City property often necessitate the17 removal of trees, and the City Council desires to adopt a policy to ensure the18 replacement of those trees.

19

20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY

21 OF VIRGINIA BEACH, VIRGINIA, THAT: 15036

22

23 1 . The City Council hereby adopts the policy that the City will replace any trees24 that the City removes on City property.25

26 2. For the City' s first reforestation/ tree mitigation project, the City will use at27 least 10 acres of the property acquired by the City from the former proposed Village D of28 the Ashville Park property, and the City Manager shall have the City' s stormwater staff29 determine the best of that acreage to use as a tree buffer that would conform to the

30 properties the City needs to conserve as described in the Sea Level Wise proposal.31

32 Adopted by the City Council of the City of Virginia Beach, Virginia on the33 day of 2020.


City Attorney' s Office

CA15036

R- 2

March 11, 2020

u S

i e!


AGENDA ITEM

ITEM: An Ordinance to Extend the Sunset Date of Article III, Division 5 of Chapter 21

of the City Code Pertaining to Residential Permit Parking in the Historic CavalierShores Neighborhood


Background: Last year, the City Council enacted temporary residential parkingprogram in the Historic Cavalier Shores Neighborhood in response to concerns raisedby the Cavalier Shores Civic League and its residents regarding on- street public parkingon the 200 blocks of 43rd, 44th, and 45th streets. The civic league was concerned about

extended periods of high parking occupancy on these streets during both daytime andnighttime hours as a result of a nearby multi- year hotel construction project. This area isalso used for parking by residents and beachgoers.

Considerations: The Council adopted the temporary pilot program last Marchand included a provision that the ordinance and program would expire on April 5, 2020,absent additional action by the City Council. The program has been successful, andbecause construction of the hotel project continues, the residents have requested aone- year extension of the program to April 5, 2021 .

Public Information: Information regarding the extension of the project will beprovided through the normal agenda process.


Attachments: Ordinance.

Submitting Department/ Agency: Strategic Growth Area Office/ Planning Department

City Manager: / L

1 AN ORDINANCE TO EXTEND THE SUNSET DATE OF

2 ARTICLE III, DIVISION 5 OF CHAPTER 21 OF THE CITY

3 CODE PERTAINING TO RESIDENTIAL PERMIT PARKING

4 IN THE HISTORIC CAVALIER SHORES NEIGHBORHOOD

5

6 WHEREAS, the Virginia Department of Historic Resources added the Cavalier

7 Shores Historic District, which is comprised of the Cavalier Shores neighborhood, to the

8 Virginia Landmarks Register, noting:9

10 The Cavalier Shores Historic District in Virginia Beach began in 1927 as a

11 housing development sponsored by the city' s now- iconic Cavalier Hotel,12 which opened that same year. While the neighborhood' s direct link to the13 hotel has since faded, a brick promenade leading to a gate to the hotel14 grounds recalls the earlier connection. Cavalier Shores is an example of15 coastal suburban development during the first half of the 20th century. Its16 dense housing dating to the era indicates the neighborhood' s early17 popularity and subsequent growth. Its seven blocks of houses are

18 predominated by Colonial Revival style designs, with Tudor Revival and19 Minimal Traditional. Lining the neighborhood' s alleyways are a complement20 of rear garages and guesthouses, the latter a common feature of coastal21 developments of the era. The district also conveys a sense of beautification

22 and landscaping, a defining aspect of the neighborhood since the 1920s.23 Most of the district' s lots were developed by the late 1960s. Today, Cavalier24 Shores is a rare collection of early- 20th century residential architecture in25 Virginia Beach.

26

27 WHEREAS, the Virginia Department of Historic Resources has forwarded

28 documentation for the Cavalier Shores Historic District to the National Register of Historic

29 Places;

30

31 WHEREAS, as noted by the Virginia Department of Historic Resources, Cavalier32 Shores is a unique area that consists of" dense housing" dating to an era when driveways33 were less common, and current residents of Cavalier Shores require on- street parking for34 their vehicles;

35

36 WHEREAS, the ability of the residents to park their vehicles on the street adjacent37 to or near their homes has been severely impacted as a result of the multi- year38 construction associated with the Cavalier Hotel project;39

40 WHEREAS, the City Council desires to address the unique needs of this historic41 neighborhood during the time of construction by extending for another year the one- year42 temporary pilot program it established last year— separate and apart from the current

43 Residential Parking Permit Program— to continue to address the parking needs of44 Cavalier Shores residents.

45

46 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY

47 OF VIRGINIA BEACH, VIRGINIA:

48

49 That Article III, Division 5 of Chapter 21 shall continue to provide as follows:50

51 DIVISION 5. — Cavalier Shores Residential Permit Parking Pilot Program52

53 Sec. 21- 381. - Objectives.

54

55 This Division is adopted as a temporary pilot program in order to mitigate traffic56 congestion and parking scarcity on public streets within the Cavalier Shores

57 neighborhood adjacent to an ongoing construction project.58

59 Sec. 21- 382. - Definitions.

60

61 As used in this Division:

62

63 a) Motor Vehicle shall have the meaning set forth in § 46. 2- 100 of the State Code,

64 and shall also include mopeds and motorcycles, as defined therein.65

66 b) Cavalier Shores Neighborhood refers to all on- street parking on the south side67 of 45th Street; the alley between 45th Street and 44th Street; both sides of 44th,68 43rd 1/ 2, 43rd, and 42nd 1/ 2 Streets; the north side of 42nd Street; the alley that69 runs parallel to the west side of Atlantic Avenue from Cavalier Drive to 45th70 Street; and the north side of Cavalier Drive between Holly Road and Atlantic71 Avenue.

72

73 Sec. 21- 383. - Parking restrictions.74

75 ( a) It shall be unlawful for any person to park or otherwise leave unattended any all-76 terrain vehicle, bicycle, electric personal assistive mobility device, electric power-77 assisted bicycle, electric- powered wheeled device, gas- powered wheeled device,78 low-speed vehicle, moped or similar wheeled device on any street in the Cavalier79 Shores Neighborhood.

80 ( b) It shall be unlawful for any person to park a motor vehicle on any street in the Cavalier81 Shores neighborhood, where notice of these restrictions have been conspicuously82 posted in accordance with this division, for longer than a three- hour period in any day83 unless there is affixed to the driver' s side exterior surface of the windshield of such84 motor vehicle a valid residential parking permit or a temporary guest pass as85 authorized by subsection 21- 354( b) hanging from the rearview mirror.

86 Sec. 21- 384. - Permits generally.87

88 The City Treasurer or the city's parking management office shall issue residential parking89 permits pursuant to this division in accordance with the procedures set forth in section90 21- 354. However, no permit shall be issued pursuant to this section for employee parking91 in the Cavalier Shores Neighborhood.

92

93 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF


95

96 That the effective date of this ordinance shall be April 5, 2020, and that, absent

97 additional action by the City Council to the contrary, this ordinance shall automatically98 sunset and expire on April 5, 2021 .

Adopted by the City Council of the City of Virginia Beach, Virginia, on thisday of 2020.


a

Strategic Growth Area Office City Attorney' s Office c

CA14956

R- 1

March 6, 2020

SQ


AGENDA ITEM

ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of CityProperty Known as Bass Inlet West located at the rear of 2900 Wood Duck Drive.


Background: Todd R. & Jan C. Miller. Trustees under the Miller Living TrustApplicants") have requested permission to construct and maintain a proposed 12' x 12'

boat lift with a 16' x 24' roof and relocate an existing 8' x 8' floating dock ( the

Encroachments") at the rear of their property, located at 2900 Wood Duck Drive ( GPIN:2433- 24- 7761). The Encroachments would extend 15. 3' into a portion of the City' sproperty, known as Bass Inlet West ( GPIN 2433- 33- 0267).

Considerations: City staff has reviewed the requested Encroachments andrecommends approval of same, subject to certain conditions outlined in the Agreement.

There are similar encroachments in Bass Inlet West, which is where the Applicants

have requested to encroach.


Public Information: Public notice will be provided via the normal City Councilagenda process.

Alternatives: Deny the Encroachments or add conditions as desired by Council.

Recommendations: Approve the request subject to the terms and conditions of

the Agreement.

Attachments: Ordinance, Agreement, Exhibit, Location Map, Disclosure

Statement Form

Recommended Action: Approval of the Ordinance

Submitting Department/ Agency: Public Works/ Real Estate

City Manager: / L

1 Requested by Department of Public Works2

3 AN ORDINANCE TO AUTHORIZE

4 TEMPORARY ENCROACHMENTS

5 INTO A PORTION OF CITY

6 PROPERTY KNOWN AS BASS

7 INLET WEST LOCATED AT THE

8 REAR OF 2900 WOOD DUCK DRIVE

9

10 WHEREAS, Todd R. & Jan C. Miller, Trustees under the Miller Living Trust11 (" Applicants") have requested permission to construct and maintain a 12' x 12' boat lift with12 16' x 24' roof and relocate an existing 8' x 8' floating dock ( the " Encroachments") at the

13 rear of their property, located at 2900 Wood Duck Drive ( GPIN: 2433- 24- 7761). The

14 Encroachments would extend 15. 3' into the City' s property known as Bass Inlet West15 ( GPIN: 2433- 33- 0267); and

16

17 WHEREAS, City Council is authorized pursuant to §§ 15. 2- 2009 and 15. 2-

18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon19 the City' s property subject to such terms and conditions as Council may prescribe.20



23

24 That pursuant to the authority and to the extent thereof contained in §§ 15. 2-

25 2009 and 15. 2- 2107, Code of Virginia, 1950, as amended, Todd R. & Jan C. Miller,

26 Trustees under the Miller Living Trust, their heirs, assigns and successors in title, are27 authorized to construct and maintain the Encroachments in the City' s property known as28 Bass Inlet West, as shown on the map entitled: " EXHIBIT " A" ENCROACHMENT

29 REQUEST FOR: TODD R. MILLER & JAN C. MILLER, TRUSTEES, MILLER LIVING

30 TRUST, LOT 95, SANDBRIDGE SHORES SECTION 1 B SOUTH", dated October 19,

31 2019, prepared by Sigma Environmental Services, Inc., a copy of which is attached hereto32 as Exhibit A, and to which reference is made for a more particular description;33

34 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject35 to those terms, conditions and criteria contained in the agreement between the City of36 Virginia Beach and Todd R. & Jan C. Miller, Trustees under the Miller Living Trust ( the37 " Agreement"), an unexecuted copy of which has been presented to the Council in its38 agenda, and after execution, will be recorded among the records of the Clerk's Office of39 the Circuit Court of the City of Virginia Beach;40

41 BE IT FURTHER ORDAINED, that the City Manager or his authorized42 designee is hereby authorized to execute the Agreement; and43

44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until

45 such time as Todd R. & Jan C. Miller, Trustees under the Miller Living Trust and the City46 Manager or his authorized designee execute the Agreement.

i

47 Adopted by the Council of the City of Virginia Beach, Virginia, on the ' day48 o f 1020.



4. ,r, JPUBLIC WORKS, REAL ESTATE D MEYER

SENIOR CITY ATTORNEY

CA14672vbgov.com\ dfs 1\ applications\ citylaw\cycom32\ wpdocs\ d024\ p031\ 00624183. doc

R- 1

March 4, 2020

2

CITY OF VIRGINIA

BEACH PLAN VIEWWATERWAY WIDTH

SCALE: 1" = 30' MHW- MHW= 110'

MB 103 P25PROPOSED 12' X 12' BOAT LIFT

REMOVE EXISTING DOCKS16' X 24' ROOF

FLOOD

24. 0' -' I 8. 0' EBBO.

15. 3'—

S1n° as' no. w 1nnnn' . jr = 6.6'

MLW - - ld.10- rei4 r;:.,.''!'' 1;: _ ; ipa _:, ,.—-MHW •-.

YeJP

4-11 '

iiC -

i!I:

11. :. 1:-:: 1 ej°, sellt -fl:_

EXISTING RIP RAPEXISTING 6" DIA TREE

REVETMENT TO BE RELOCATED EXISTING . PIN( F)

ENHANCED PER WETLANDSTO BE REMOVED

8' x 8' FLOATING DOCK •'

BOARD PERMIT N. MATERIAL SPECIFICATIONS:12' X 50'

FRAMING: CCA 2. 5# PCF( MLP-88)MARGINAL WHARF

HARDWARE: HOT DIPPED

GALVANIZED( ASTM- A153)

UV RESISTANT FILTER CLOTH

111

o/ l--WOOD FENCE c MATERIAL SCHEDULE:

i o PILES: 8' DIA. MINIMUM 5' 3" 0/Cen i----" 2" X 6" GIRDERS, JOISTS,CON.

2- STORYrs DECKBOARDSZ KICK PLATE: 4" X 6"

STUCCO 2" X 10' ROOF GIRDERS

2900

cnAcn

LOT 94 wLOT 96

BRIAN EDWARDS& U THADDUS& LOUISE GREENDEBORAH GRAY

Q Kra;:'::::; : :' LOT 95Z I• :...` :'•:':' ':. .:'':':':. SANDBRIDGE SANDBRIDGE SHORES

SANDBRIDGE SHORES 0SHORES SECTION 1B SOUTH

SECTION 1B SOUTH U GPIN: 2433-24- 7920GPlN: 2433- 247820

SECTION 16 SOUTH

GPIN:

z 24332477610000

0 1 MB 103, P25U

01 t 6 PIN{ F

N 10° 43' 00' E 100. 00'

14 5 FT TO THE

CENTERLINE

GREBE CRESCENT GRAPHIC SCALE

0 30

WOOD DUCK DRIVE ( 50' RAN) 115 45

f SIGMA ENVIRONMENTAL SERVICES, INC.1513 SANDBRIDGE ROAD

VIRGINIA BEACH, VIRGINIA 23456

EXHIBIT" A" PROJECT: DECK, COVERED BOAT LIFT&

ENCROACHMENT REQUEST REVETMENT MAINTENANCE

FOR: TODD R. MILLER& JAN C. MILLER, WATERWAY: BASS INLET WEST

TRUSTEES, MILLER LIVING TRUST DATUM: 0. 00' MLW=- 1. 3' NAVD 1988

LOT 95, SANDBRIDGE SHORES

SECTION 1B SOUTH DATE: OCT. 19, 2019


CITY ATTORNEY' S OFFICE ( BOX 31)


UNDER SECTION 58. 1- 811( C) ( 4)

THIS AGREEMENT, made this O day of 2020, by and

between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the

Commonwealth of Virginia, Grantor, " City", and TODD R. MILLER and JAN C. MILLER,

TRUSTEES, UNDER THE MILLER LIVING TRUST DATED AUGUST 12, 2011, THEIR

HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, " Grantee", even though more than

one.

WITNESSETH:

WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of

land designated and described as " Lot 95", as shown on that certain plat entitled:

SANDBRIDGE SHORES SECTION 1 B SOUTH PRINCESS ANNE BOROUGH

VIRGINIA BEACH, VA.", dated July 5, 1968, prepared by Palmer L. Smith, CLS, which

said plat is recorded in the Clerk' s Office of the Circuit Court of the City of Virginia Beach,

Virginia, in Map Book 103, at page 25, and being further designated, known, and

described as 2900 Wood Duck Drive, Virginia Beach, Virginia 23456;

WHEREAS, it is proposed by the Grantee to relocate an existing 8' x 8'

floating dock, and to construct and maintain a 12' x 12' boat lift with a 16' x 24' roof,

collectively, the " Temporary Encroachment", in the City of Virginia Beach;

GPIN: 2433- 33- 0267 — City Property ( Bass Inlet West)GPIN: 2433- 24- 7761 - 2900 Wood Duck Drive

WHEREAS, in constructing and maintaining the Temporary Encroachment,

it is necessary that the Grantee encroach into a portion of City property known as Bass

Inlet West, the " Encroachment Area"; and

WHEREAS, the Grantee has requested that the City permit the Temporary

Encroachment within the Encroachment Area.

NOW, THEREFORE, for and in consideration of the premises and of the

benefits accruing or to accrue to the Grantee and for the further consideration of One

Dollar ($ 1. 00), cash in hand paid to the City, receipt and sufficiency of which are hereby

acknowledged, the City hereby grants to the Grantee permission to use the

Encroachment Area for the purpose of constructing and maintaining the Temporary

Encroachment.

It is expressly understood and agreed that the Temporary Encroachment

will be constructed and maintained in accordance with the laws of the Commonwealth of

Virginia and the City of Virginia Beach, and in accordance with the City' s specifications

and approval and is more particularly described as follows, to wit:

A Temporary Encroachment into the Encroachment Area asshown on that certain exhibit plat entitled: " EXHIBIT ' A'

ENCROACHMENT REQUEST FOR: TODD R. MILLER &

JAN C. MILLER, TRUSTEES, MILLER LIVING TRUST, LOT

95, SANDBRIDGE SHORES SECTION 1 B SOUTH". dated

October 19, 2019 prepared by Sigma Environmental

Services, Inc., a copy of which is attached hereto as Exhibit Aand to which reference is made for a more particulardescription.

Providing however, nothing herein shall prohibit the City from immediately

removing, or ordering the Grantee to remove, all or any part of the Temporary

Encroachment from the Encroachment Area in the event of an emergency or public

necessity, and Grantee shall bear all costs and expenses of such removal.

It is further expressly understood and agreed that the Temporary

Encroachment herein authorized terminates upon notice by the City to the Grantee, and

that within thirty ( 30) days after the notice is given, the Temporary Encroachment must

be removed from the Encroachment Area by the Grantee; and that the Grantee will bear

all costs and expenses of such removal.

It is further expressly understood and agreed that the Grantee shall

indemnify, hold harmless, and defend the City, its agents and employees, from and

against all claims, damages, losses and expenses, including reasonable attorney' s fees,

in case it shall be necessary to file or defend an action arising out of the construction,

location or existence of the Temporary Encroachment.

It is further expressly understood and agreed that nothing herein contained

shall be construed to enlarge the permission and authority to permit the maintenance or

construction of any encroachment other than that specified herein and to the limited

extent specified herein, nor to permit the maintenance and construction of any

encroachment by anyone other than the Grantee.

It is further expressly understood and agreed that the Grantee agrees to

maintain the Temporary Encroachment so as not to become unsightly or a hazard.

It is further expressly understood and agreed that the Grantee must obtain

and keep in effect liability insurance with the City as a named insured in an amount not

less than $ 500, 000. 00, per person injured and property damage per incident, combined.

with the City listed as an additional insured. The company providing the insurance must

be registered and licensed to provide insurance in the Commonwealth of Virginia. The

Grantee will provide endorsements providing at least thirty ( 30) days written notice to the

City prior to the cancellation or termination of, or material change to, any of the insurance

policies. The Grantee assumes all responsibilities and liabilities, vested or contingent.

with relation to the construction, location, and/ or existence of the Temporary

Encroachment.


Encroachment must conform to the minimum setback requirements, as established by

the City.

It is further expressly understood and agreed that the City, upon revocation

of such authority and permission so granted, may remove the Temporary Encroachment

and charge the cost thereof to the Grantee, and collect the cost in any manner provided

by law for the collection of local or state taxes; may require the Grantee to remove the

Temporary Encroachment; and pending such removal, the City may charge the Grantee

for the use of the Encroachment Area, the equivalent of what would be the real property

tax upon the land so occupied if it were owned by the Grantee; and if such removal shall

not be made within the time ordered hereinabove by this Agreement, the City may impose

a penalty in the sum of One Hundred Dollars ($ 100. 00) per day for each and every day

that the Temporary Encroachment is allowed to continue thereafter, and may collect such

compensation and penalties in any manner provided by law for the collection of local or

state taxes.

IN WITNESS WHEREOF, TODD R. MILLER and JAN C. MILLER,

TRUSTEES UNDER THE MILLER LIVING TRUST DATED AUGUST 12, 2011 , the said

4

Grantee, have caused this Agreement to be executed by their signatures. Further, that

the City of Virginia Beach has caused this Agreement to be executed in its name and on

its behalf by its City Manager and its seal be hereunto affixed and attested by its City

Clerk.

THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)

5

CITY / GRANTOR:


By SEAL)

City Manager/ AuthorizedDesignee of the City Manager

STATE OF VIRGINIA

CITY OF VIRGINIA BEACH. to- wit:

The foregoing instrument was acknowledged before me this day of2020, by CITY MANAGER/ AUTHORIZED

DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,

on its behalf. He is personally known to me.

SEAL)

Notary Public

Notary Registration Number:My Commission Expires:

SEAL)

ATTEST:

City Clerk/AuthorizedDesignee of the City Clerk

STATE OF VIRGINIA

CITY OF VIRGINIA BEACH, to- wit:

The foregoing instrument was acknowledged before me this day of2020, by CITY CLERK/ AUTHORIZED

DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on

its behalf. He is personally known to me.

SEAL)

Notary PublicNotary Registration Number:My Commission Expires:

6

OWNERS / GRANTEE:

7-641 R. ( l'1t1L,TODD R. MILLER. Trustee, under the

Miller Living Trust dated August 12, 2011

C NAll"JAN C. Ilfrt?"'\LER, Trustee, under the Miller

Living Trust dated August 12. 2011

STATE OF \\\r \ a

CITY/ COUNTY F \ lq r\ a_2).E licTwit:

The foregoing instrument was acknowledged before me this (j

day of

t. 2020, by Todd R. Miller, Trustee, under the Miller Living Trust dated

August 12, 2011.

V..QIUIb (SEAL)1\ LIiONvNotary Public

Notary Registration Number: QCfMy Commission Expires: Cl a) MEAGAN J KEITH

NOTARY PUBLICREGISTRATION# 7693263rOMMONWEALTHOFVRGNIAMY CO .

J1 ZE6

STATE OF V kk4kr\ q)k -CITY/ COUNTY \ i\ t\\ V Se( ,, to- wit:

r 1,,

The foregoing instrument was acknowledged before me this day of

t' uC U• 2020, by Jan C. Miller, Trustee, under the Miller Living Trust dated

August 12, 2011.

n1IIllf\U\ SEAL)

Notar0' ublic

Notary Registration Number: Z(-0

My Commission Expires: 112,I))?S5?- E) tvlEAGAN J KEITHNOTARY PUBLIC

REGISTRATION# 7693263COMMONWEALTH OF VIRGINIA

IMY COIS. ION EXPIRE

itY" i j 7 y2'1)



PUBLIC WORKS / REAL ESTATE ARMEYER

6 / 02001- 0SENIOR CITY ATTORNEY

DATE

8

CITY OF VIRGINIA

BEACH PLAN VIEWWATERWAY WIDTH

SCALE: 1" = 30' MHW- MHW= 110'

Mg 103 P25PROPOSED 12' X 12' BOAT LIFTIly

16' X 24' ROOFREMOVE EXISTING DOCKS

4 FLOOD24. 0' I 80' FRB

15. 3' IM 1

R 1 no 4: 1' nu: w 1 nn nn' 6. 6.

MLW••------'' _._.: I• =' / ijiiii , il5' jii . ii: 11. 111

MHW

Nowy/# 5 / ia illI b r,iiil. ilr OJ a -

EXISTING RIP RAPEXISTING 6" DIA TREE

REVETMENT TO BETO BE REMOVED

RELOCATED EXISTING p PIN( F

ENHANCED PER WETLANDS 8' x 8' FLOATING DOCK i,

BOARD PERMIT c. MATERIAL SPECIFICATIONS:12' X 50'

FRAMING: CCA 2. 5# PCF( MLP- 88)MARGINAL WHARF

HARDWARE: HOT DIPPED

GALVANIZED( ASTM- A153)

UV RESISTANT FILTER CLOTH

w

o ' 41--- WOOD FENCE A MATERIAL SCHEDULE:o

PILES: 8" DIA. MINIMUM 5' 3" 0/CF N.

2" X 6" GIRDERS, JOISTS,

r°' DECKBOARDS2- STORY z KICK PLATE: 4" X 6"

STUCCO 2" X 10" ROOF GIRDERS

2900

u)

LOT 94 wv LOT 96

BRIAN EDWARDS& U THADDUS& LOUISE GREEN

DEBORAH GRAYQ Lam`:`::i•], :.`].:• LOT 95

z SANDBRIDGE SHORES

SANDBRIDGE SHORES OSANDBRIDGE

SECTION 16 SOUTH USHORES SECTION 1B SOUTH

GPIN: 2433- 24- 7820SECTION 16 SOUTH GPIN: 2433 24- 7920

GPIN:

o i :'i 24332477610000

UMB 103, P25

O O PIN( F)N 10° 43' 00" E 100. 00'

5 FT TO THE

CENTERLINE

GREBE CRESCENT GRAPHIC SCALE

0 30

WOOD DUCK DRIVE ( 50' R/ W) C I

5 45

E SIGMA ENVIRONMENTAL SERVICES, INC.

1513 SANDBRIDGE ROAD

VIRGINIA BEACH. VIRGINIA 23456

EXHIBIT" A" PROJECT: DECK, COVERED BOAT LIFT&

ENCROACHMENT REQUEST REVETMENT MAINTENANCE

FOR: TODD R. MILLER& JAN C. MILLER. WATERWAY: BASS INLET WEST

TRUSTEES, MILLER LIVING TRUST DATUM: 0. 00' MLW=- 1. 3' NAVD 1988

LOT 95, SANDBRIDGE SHORES

SECTION 1B SOUTH DATE: OCT. 19, 2019

ABr in l3Yiit' j;

APPLICANT' S NAME Todd Miller


The completion and submission of this form is required for all applicationsthat pertain to City real estate matters or to the development and/ or use ofproperty in the City of Virginia Beach requiring action by the City Council ora board. commission, or other body appointed by the City Council. Such

yppiications and matters include, but are not limited to, the following:

Acquisition of Property] Disposition of City Modification of



Exception for EDIP)

Board of ZoningEncroachment Request RezoningLAppealsCertificate of Floodpiain Variance

Appropriateness Street ClosureHistoric Review Board) Franchise Agreement






FOR CITY USE ONLY/ All disclosures must be updated two( 2) weeks prior to any ! Page 1 of 7Plannin Commission and City Council meetin that pertains to the ap lication( s).

0 APPLICANT NOTIFIED OF HEARING DATE:

6/NO CHANGES AS OF DATE: 3/ REVISIONS SUBMITTED DATE:

1 %'

4110

Virginia Beach




A) List the Applicant' s name:__ odd Miller



B) List the businesses that have a parent- subsidiaryi



See next page for information pertaining to footnotes1 and2


Complete Section 2 only if property owner is d'";`erent ron, A licant.

InlCheck here if the PROPERTY OWNER IS NOT a corporation, partnership, firm,business, or other unincorporated organization.

Check here if the PROPERTY OWNER IS a corporation, partnership, firm,business, or other unincorporated organization, AND THEN complete thefollowing.

A) List the Property Owner' s name: Todd Miller


names:

Page 2 of 7

Virginia Bea r' h


B) List the businesses that have a parent-subsidiary or affiliated business entity

2relationship with the Property Owner: ( Attach list if necessary)




considered in determining the existence of an affiliated business entity relationship include that thesame person or substantially the same person own or manage the two entities; there are common orcommingled funds or assets; the business entities share the use of the same offices or employees orotherwise share activities, resources or personnel on a regular basis; or there is otherwise a closeworking relationship between the entities." See State and Local Government Conflict of Interests Act,

Va. Code § 2. 2- 3101.



SEPERATELY

Page 3 of 7

Ni13APPLICANT irginia Beach

PROVIDER (use additional sheets ifYES NO SERVICE

needed)


n ® Architect/ Landscape Architect/

Land Planner


Elthe Applicant) - identify purchaserand purchaser' s service providers


I ® purchaser of the subject property

I Iidentify purchaser( s) and


7 r Construction Contractors Not Yet Identified

XEngineers/ Surveyors/ Agents Sigma Environmental Services, Inc.


l^ I selected or being considered toprovide financing for acquisitionor construction of the property)

xLegal Services


X Agents/ Realtors for current and


subject property


EMPLOYEE

YES NO Does an official or employee of the City of Virginia Beach have jX

an interest in the subject land or any proposed developmentcontingent on the subject public action?


interest?

Page 4 of 7

Virginia Bevil


I understand that, upon receipt of notification that the application has beenscheduled for public hearing, I am responsible for updating the information

provided herein two weeks prior to the Planning Commission, Council, VBDAmeeting, or meeting of any public body or committee in connection with thisApplication.

Todd Miller


Page 5 of 7


YES NO SERVICEPROVIDER( use additional sheets if

I needed)

n n Accounting and/ or preparer ofyour tax return


Land Planner


IL. the Applicant)- identify purchaserand purchaser's service providers


17 El purchaser of the subject propertyidentify purchaser( s) and


nConstruction Contractors Not Yet Identified

Engineers/ Surveyors/ Agents Sigma Environmental Services, Inc.



uLegal Services


a ® Agents/ Realtors for current andanticipated future sales of the

subject property



Xan interest in the subject land or any proposed development

L1 contingent on the subject public action?


Page 6 of 7

l sr nia Beach

CERTIFICATION:



scheduled for public hearing, I am responsible for updating the information kprovided herein two weeks prior to the Planning Commission, Council, VBDAmeeting, or meeting of any public body or committee in connection with this kApplication.

J ii J Todd Miller Z Feb.2onPROPERTY OWNER' S SIGNATURE PRINT NAME DATE

Page 7 of 7

v N

W E

0 110 0o

mS

AaA.SITE

010I/ j

4 111111110r7 C

CIII 111A G LOCATION MAP

ENCROACHMENT REQUEST

A FOR

TODD R. MILLER AND JAN C. MILLER, TRUSTEES OF

THE MILLER LIVING TRUST DATED AUGUST 12, 2011

Legend 2900 WOOD DUCK DRIVE

GPIN 2433- 24- 77612433- 24- 7761

Feet

CITY PROPERTY 0 50 100 200

NU 41

7 S


ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City-Owned Property Known as Lake Wesley located at the rear of 464 SouthsideRoad.


Background: Bruce L. Thompson owns property at 464 Southside Road ( GPIN:2427- 20- 3522). He has requested permission to construct and maintain a 8' x 70' woodfloating dock, 24' aluminum ramp, 16' 20k boat lift, 12' 16k boat lift, and 4 mooring pilesinto City- owned property known as Lake Wesley (GPIN: 2427- 20- 7891) ( collectively, theEncroachment") adjacent to the property located at 464 Southside Road. The mooring

piles extend a maximum of 92. 6 ft. into Lake Wesley. The mooring piles are 96 feetfrom the 25' City Channel Offset (see Sheet 2 of Exhibit A).

Considerations: City staff has reviewed the requested Encroachment and hasrecommended approval of same, subject to certain conditions outlined in the

Agreement. Council previously approved an existing wood pier in 2004.

There are similar encroachments in the Lake Wesley, which is where the applicant hasrequested to encroach.


Public Information: Public notice via the normal City Council agenda process.

Alternatives: Deny the encroachment or add conditions as desired by Council.

Recommendations: Approval.

Attachments: Ordinance, Agreement, Exhibit, Location Map, Pictures and

Disclosure Statement.

Recommended Action: Approval of the ordinance.

Submitting Department/ Agency: Public Works/ Real Estate

City Manager: 7i L,

1 Requested by Department of Public Works2

3 AN ORDINANCE TO AUTHORIZE

4 TEMPORARY ENCROACHMENTS

5 INTO A PORTION OF CITY- OWNED

6 PROPERTY KNOWN AS LAKE

7 WESLEY LOCATED AT THE REAR

8 OF 464 SOUTHSIDE ROAD

9

10 WHEREAS, Bruce L. Thompson has requested permission to construct and11 maintain a proposed 8' x 70' wood floating dock, 24' aluminum ramp, 16' 20k boat lift, 12'12 16k boat lift, and four ( 4) mooring piles ( collectively, the " Encroachment") adjacent to his

13 property located at 464 Southside Road ( GPIN: 2427- 20- 3522). The Encroachment would

14 extend into the City's property known as Lake Wesley ( GPIN: 2427- 20- 7891); and

15

16 WHEREAS, on April 27, 2004 under Ordinance 2803B, Council approved the

17 installation of a pier, boat lift and bulkhead on Mr. Thompson' s property; and18

19 WHEREAS, City Council is authorized pursuant to §§ 15. 2- 2009 and 15. 2-

20 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon21 the City' s property subject to such terms and conditions as Council may prescribe.22



25

26 That pursuant to the authority and to the extent thereof contained in §§ 15. 2-

27 2009 and 15. 2- 2107, Code of Virginia, 1950, as amended, Bruce L. Thompson, his heirs,

28 assigns and successors in title are authorized to construct and maintain 8' x 70' wood

29 floating dock, 24' aluminum ramp, 16' 20k boat lift, 12' 16k boat lift, and four ( 4) mooring30 piles in the City' s property known as Lake Westley as shown on the exhibit entitled:31 " EXHIBIT A ENCROACHMENT PLAT SHOWING WOOD PIER, ALUMINUM RAMP,

32 WOOD & STEEL BOAT LIFTS, FLOATING WOOD DOCK & WOOD MOORING PILES

33 FOR: BRUCE L. THOMPSON VIRGINIA BEACH, VIRGINIA," Scale: 1" = 40', dated

34 October 17, 2019 and revised through February 13, 2020, prepared by Gallup Surveyors&35 Engineers, a copy of which is attached hereto as Exhibit "A" and on file in the Department36 of Public Works, to which reference is made for a more particular description;37

38 BE IT FURTHER ORDAINED, that the Encroachment is expressly subject to39 those terms, conditions and criteria contained in the Agreement between the City of40 Virginia Beach and Bruce L. Thompson ( the " Agreement"), an unexecuted copy of which41 has been presented to the Council in its agenda, and will be recorded, after execution,42 among the records of the Clerk' s Office of the Circuit Court of the City of Virginia Beach;43

44 BE IT FURTHER ORDAINED, that the City Manager or his authorized45 designee is hereby authorized to execute the Agreement; and

i

46 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until

47 such time as Bruce L. Thompson and the City Manager or his authorized designee48 execute the Agreement.

49

50 Adopted by the Council of the City of Virginia Beach, Virginia, on the51 day of 2020.

CA 14839

PREPARED: 02/ 13/ 2020

R- 1vbgov. com\ dfs 1\ applications\ citylaw\ cycom32\ wpdocs\ d013\ p036\ 00620593. doc



JP L RKS, REAL ESTATE DANA . HARMEYER


2

LAKE WESLEY

NOW OR FORMERLY rl`'e

VIRGINIA BEACH EROSION COMMISSION \„\, 0'PROPOSED WOOD D. B. 303 P. 293MOORING PILES ( 4) GPIN: 2427- 20- 7891

w

PROPOSED

8' X 70' WOOD N co n

FLOATING DOCK6'-

ID., vvI

6 .•__ PROPOSEDj\ i WOOD & STEEL

11 1 20K BOAT LIFTPROPOSED 24' c,. ,

Imo',ALUMINUM RAMP IPROPOSED

WOOD & STEEL 9-\' 11100116K BOAT LIFT EAp w a' METAL FENCE

c tP EXI51• B LKHI

MOORING PILES SHALL BE

60' LONG OF DRIVEN 25' F wooplSPiERBELOW THE MUDLINE,

W wWHICHEVER IS GREATEST L

3 NOW OR FORMERLY

NOW OR FORMERLY 1WALL WITH WOOD DECK f. SAMUEL M.s' WOOD FENCE I_ & CYNTHIA A. HINKLE

BRUCE L. THOMPSON I r I. N. 20150626000596150D. B. 3961 P. 978 ram-) A PORTION OF LOT B10

LOT B13 & EASTERN 1/ 2 OF LOT B12 M. B. 26 P. 57M. B. 7 P. 169 L SHOWER 1 w GPIN: 2427- 20- 24741 STORY FRAME RESIDENCE

GPIN: 2427- 20- 3682 464c, o GPIN: 2427- 20- 3411

n

NOTES: o

NOW OR FORMERLY N1. THIS PLAN WAS P BRUCE L. THOMPSON

PERFORMED WITHOUT n ;D D. B. 4040 P. 157THE BENEFIT OF A LOT B11 & WESTERN 1/ 2 OF LOT B12

0. 27 MILES TOTITLE REPORT. M. B. 26 P. 57GENERAL BOOTH

2. A ENCROACHMENTGPIN: 2427- 20- 3522

BLVD.

AGREEMENT PIN( F) I j PIN( F)•

IS RECORDED IN N40' 26' 00" E 120. 00'

I. N. 200405120074559 SOUTHSIDE ROAD ( 50' R/ W)EXHIBIT A 40' NLTH Gt. ,

ENCROACHMENT Oi• L

PLAT SHOWING 4WOOD PIER, ALUMINUM RAMP, WOOD

STEEL BOAT LIFTS, FLOATING WOOD DOCK Uo D R UTLER Ct:WOOD MOORING PILES

38395No.

FOR: BRUCE L. THOMPSON

VIRGINIA BEACH, VIRGINIA1, TV 44,

SCALE:

REVISEDIJANUAR' Y 21, 2020TOBER17, 2019

REVISED FEBRUARY 13, 2020ASS/

ONAL ENG

GALLUPSHEET 1 OF

SURVEYORS & ENGINEERS

323 FIRST COLONIAL ROAD 0' 40' 80' 1 20'VIRGINIA BEACH, VIRGINIA 23454

19- 29757) 428- 8132

4-:-:-...-.--.-

4: ::: :..::/":":.:=:•::::::::.:..:-.::::.:.:.*:..:: :::: ::.:1:::::::•:.::.:*:::::.:

S.1:..:.:.:::.:.*: :.:.:.:-:.:.:-.. :.:: •:,

Lo

c. 1")

cl i•::.1:-:•:•:: .••••••••11 33

A''' 7.1.....-. -Z . .

4,4* 4•.-•-..-. 4Z:-:-:•:-:/.-:-:-:-:-.11 IIIt.

444t1 70

C..)4(/ 4- 1.-7.:...

4.............::,,,.::/.-i.•:::-:-:: :-.F. T....../.:::::::::::::::::::::::::- 1;

rn3. GR ACE A t/

4111111116'0E 6) Z.•:-::-.LAKIL..

s..e....-:.•:•:-1•:•:.:•:•:-:•:-:-:-:•:-:-:-:-:•:-:- vo

7:1. ...:. .- :-

Y.•::.::1:::.:::::.:.:::.:::.:::.:::.:::. :::..:-:.:1:. :::.:.:::.:.011:::- ::.::::.:1. :. gf....i.i: ...i.c.:;.:

Appj.•:•:•:::: :.:.:.:.:.// 6-f;.................. 78....:P....

1....-.....-.....-.-...-.....20- 1••••••••••••

41-:-:•:-:_,::: ::::-::::::::: '.. . . 4.-:-:-.-.-.- :-:-:-:-:-:-:•:-:•:•:-:::::--

1.•.......:....; .:-:-:::::-....: -...:-:-:-:-:-:-:-:-:-•:.•• i :)z.:.:.:.:.:.::::::::;-••

4:-:-:-:-:-:-:-:-:.- ii.. .. .............Am........_ ..:::.:.i..:-:•:-4:::::::::::::::::-••-.AIP i•--•::-:-:-:.:-:.:

1:.:

1-:-:.-:.. -• i.l-..-:•:-..::::-•.• I..:::::::-:1:-:.:.:-:.:.:.:-:-::::1.:-:-:-:-:-/-:-:-:-:.:-: 1 :,

4z-1:::::::-:-. ct- i-..:.:-:.:.:.:-:::::

LTH opCHANNEL LOCATED VIA GPS P%

0REFERENCE MONUMENTS:

PRO4- 2- A c3 D/ I F.0 I5 UTLER 5A- 5 RESET v I.V 'c No.

1 38395V 4t

CHANNEL LOCATION PROVIDED EXHIBIT Afi:\ .$ 4,

4,

PLAT SHOWINGBY: EAST EAST COAST HYDROGRAPHIC c%"` 4C1\DISTANCE FROM CHANNEL 6N/

ONAL ‘-FOR: BRUCE L. THOMPSON

VIRGINIA BEACH, VIRGINIA

SCALE: NOT TO SCALE OCTOBER 17, 2019REVISED JANUARY 21, 2020

REVISED FEBRUARY 13, 2020

GALLUPSURVEYORS & ENGINEERS

1, 323 FIRST COLONIAL ROAD

19- 29 aVIRGINIA BEACH, VIRGINIA 23454

757) 425- 8132 SHEET 2 OF 7

0D R UTLER 15-3,

1

No.

383952°

44.

S'S1ONAL ENS'\

mi CLASS B TIMBER PILE WITH

INTERNAL PILE GUIDE- TYP.

tDFLOATING DOCK PILES SHALL BE 50' LONG ORaiDRIVEN 20' BELOW THE MUDLINE, WHICHEVER

IS GREATEST.

I

2" X 6" TREATED TIMBER

DECKING MATERIAL

EXHIBIT A

ENCROACHMENT

PLAT SHOWING

WOOD PIER, ALUMINUM RAMP, WOODSTEEL BOAT LIFTS, FLOATING WOOD DOCK

WOOD MOORING PILES

FOR: BRUCE L. THOMPSON


SCALE: 1" = 10' OCTOBER 17, 2019

8. 0' REVISED JANUARY 21, 2020

REVISED FEBRUARY 13, 2020


323 FIRST COLONIAL ROADVIRGINIA BEACH, VIRGINIA 23454

757) 428- 8132

SHEET 3 OF 7

ALUMINUM HANDRAILS

15' BEVEL

OR PVC CAPFIXED PIER

0000000000011114FLOATING DOCK—\,

PREFAB ALUMINUM GANGWAY I 'MHW

EXTERNAL PILE GUIDES

MLW

12' 0 PILE, — 2' x4' x16' POLYFLOATSL= 50'* BY SEAPORT OR EQUAL

APPROX. BOTTOM

SECTION VIEWno scale)

FLOATING DOCK PILES SHALL BE 50' LONG OR

DRIVEN 25' BELOW THE MUDLINE. WHICHEVER

IS GREATEST.

4I, LTH o

attDA R. UTLER

L . No.EXHIBIT A 38395

ENCROACHMENT 2° 44

WOOD PIER, ALUMINUM

PLAT OIN

RAMP, WOOD

G

ASS%ONALZENG\STEEL BOAT LIFTS, FLOATING WOOD DOCK

WOOD MOORING PILESFOR: BRUCE L. THOMPSON


SCALE: 1" = 40' OCTOBER 17, 2019

REVISED JANUARY 21, 2020REVISED FEBRUARY 13, 2020


323 FIRST COLONIAL ROADVIRGINIA BEACH. VIRGINIA 23454

757) 428- 8132

SHEET 4 OF 7

16' 20K LIFT

12' 1 6vK LIFTOR PER MANUFACTURER ENGR' ED

I— BEAM

xt MOTORF. G.= 9. 5

MIN.) STAINLESS

STEEL CABLE

LIFT TO BE INSTALLED

PER MANUFACTURER' S

SPECIFICATIONS

WOOD

CHOCKS"o

MHW

CRADLE I— BEAM

CLASS B PILES, L= 50'

MLW

ALL PILING CCA 2. 5 PCF ( MLP- 80)

ALL HARDWARE H. D. GALV. ASTM— A153

WOOD CHOCKS TO BE CCA 2. 5 PCF ( MLP- 80)

APPROX. BOTTOM

BOAT LIFT DETAIL

Vno scale)

BOAT LIFT PILES SHALL BE THE LENGTH SPECIFIED

OR DRIVEN TO MIN. 50 PERCENT PENETRATION BELOW

THE BOTTOM OF THE MUDLINE, WHICHEVER IS GREATEST.

NO SOUNDINGS OR SOIL BORINGS WERE PROVIDED)

EXHIBIT A

ENCROACHMENT

PLAT SHOWING

WOOD PIER, ALUMINUM RAMP, WOOD

STEEL BOAT&

WOOD TMOOR NGTIPILESOODDOCK

41,NI, TH OF

G

FOR: BRUCE L. THOMPSON 4.9VIRGINIA BEACH, VIRGINIA

SCALE: 1" = 40' OCTOBER 17, 2019 v D R UTLERREVISED JANUARY 21, 2020 No.REVISED FEBRUARY 13, 2020 j 38395

2pGALLUP eF, 2 \< v

SURVEYORS & ENGINEERS SS/ONAL ENG

323 FIRST COLONIAL ROAD

VIRGINIA BEACH, VIRGINIA 23454757) 428- 8132

SHEET 5 OF 7

MATERIAL NOTES

1. CONTRACTOR SHALL BE RESPONSIBLE FOR LOCATING AND MARKING ALLUNDERGROUND UTILITIES.

2. TEST PILES SHALL BE INSTALLED IN THE COMPANY OF THE ENGINEER OF RECORD.

3. ALL MANUFACTURED STRUCTURES, COMPONENTS AND PRODUCTS SHALL BEINSTALLED IN ACCORDANCE WITH THE MANUFACTURERS SPECIFICATIONSAND RECOMMENDATIONS.

4. ALL STRUCTURES NOT SHOWN OR SPECIFIED TO BE REMOVED SHALL REMAIN.

5. ALL TIMBER SHALL BE SOUTHERN YELLOW PINE ( SYP) # 1 GRADE OR BETTER,

S4S.

6. PRESERVATIVE TREATMENT: ALL TIMBER PILES, WALES, PILE CAPS ( AS

DEFINED OR SHOWN AS SUCH ON THE DRAWINGS) AND ALL OTHERPERMANENT TIMBER ITEMS INCORPORATED INTO THE STRUCTURE SHALL

RECEIVE CHROMATED COPPER ARSENATE ( CCA) TREATMENT AT A RATE OF

2. 5 PCF IN ACCORDANCE WITH THE AMERICAN WOOD PRESERVERSASSOCIATION AWPA STANDARD UI- 12, USE CATEGORY UC5B.

7. ALL LIFT AND FLOAT PILES SHALL BE ASTM D25, CLASS B, MINIMUM DIAMETER 12" AT

3" FROM BUTT AND MINIMUM 8" DIAMETER AT TIP. WOOD PILE DELIVERYTICKETS SHALL BE ON SITE AND AVAILABLE TO A DESIGNATEDREPRESENTATIVE DURING INSTALLATION. ( FIXED PIER PILES SHALL BE 8" DIAM)

8. ALL FIELD CUTS, BEVELS, NOTCHES, RESURFACING, AND ABRASIONS SHALLBE PRESERVATIVE TREATED WITH COPPER NAPHTHENATE HAVING AMINIMUM OF 2% METALLIC SOLUTION IN ACCORDANCE WITH AWPA M4.

9. ALL PILES SHALL BE DRIVEN BY DROP HAMMER OR VIBRATORY HAMMER TOTHE REQUIRED EMBEDMENT DETPH. THE CONTRACTOR SHALL BEREPONSIBLE FOR PROVIDING EQUIPMENT LARGE ENOUGH TO REACH THE

REQUIRED EMBEDMENT. JETTING AND/ OR PRE- DRILLING SHALL NOT BE

PERFORMED WITHOUT PRIOR AUTHORIZATION FROM THE DESIGN ENGINEER.IT IS STRONGLY RECOMMENDED THAT THE CONTRACTOR DRIVE TEST PILESPRIOR TO FULL MOBILIZATIONS AND DRIVING OF PRODUCTION PILES.

10. ALL PILES DAMAGED DURING DRIVING SHALL BE EXTRACTED.

11. PILES SHALL BE MAINTAINED PLUMB DURING DRIVING. PILES SHALL NOT BE

MORE THAN 2- 1/ 2 INCHES OUT- OF- PLUMB PER 10 FEET OF PILE LENGTH,

AND/ OR NO MORE THAN 6 INCHES OVERALL PER PILE.

12. PILE INSTALLATION SHALL BE INSPECTED PER THE REQUIREMENTS OF

THE AUTHORITY HAVING JURISDICTION.

EXHIBIT A

ENCROACHMENT

PLAT SHOWING ALTH 040WOOD PIER, ALUMINUM RAMP, WOOD G

STEEL BOAT LIFTS, FLOATING WOOD DOCK

WOOD MOORING PILES

FOR: BRUCE L. THOMPSON OD R5111)14%

UTLER

VIRGINIA BEACH, VIRGINIA No.SCALE: 1" = 40' OCTOBER 17, 2019 38395

REVISED JANUARY 21, 2020 220

REVISED FEBRUARY 13, 2020ASS/

ONAL

I-




757) 428- 8132

SHEET 6 OF 7

13. FASTENERS:

ALL FASTENERS SHALL BE PROVIDED WITH A HOT DIPPED

GALVANIZED COATING IN ACCORDANCE WITH ASTM A153 AND/ OR F2329 ( AS

APPLICABLE) WITH A MINIMUM ZINC COATING OF 0. 90 OZ/ FT2 ( OUNCES PERSQUARE FOOT OF SURFACE AREA).

14. BOLTS - ALL BOLTS SHALL CONFORM WITH ASTM A307 AND/ OR F2329 ( ASAPPLICABLE) AND HAVE HOT DIPPED GALVANIZING IN ACCORDANCE TO

ASTM A153 WITH A MINIMUM ZINC COATING OF 0. 90 OZ/ FT2 ( OUNCES PER

SQUARE FOOT OF SURFACE AREA). WASHERS SHALL BE PROVIDED BENEATHALL NUTS AND BOLT HEADS.

15. NUTS - ALL NUTS SHALL MEET THE REQUIREMENTS OF ASTM A563 AND HAVEHOT DIPPED GALVANIZING IN ACCORDANCE TO ASTM A123 WITH A MINIMUMZINC COATING OF 0. 90 OZ/ FT2 ( OUNCES PER SQUARE FOOT OF SURFACEAREA).

16. OGEE WASHERS - ALL OGEE WASHERS SHALL MEET THE REQUIREMENTS OFASTM A47 AND HAVE HOT DIPPED GALVANIZING IN ACCORDANCE TO ASTM

A123 A MINIMUM ZINC COATING OF 0. 90 OZ/ FT2 ( OUNCES PER SQUARE FOOTOF SURFACE AREA).

17. NAILS - ALL NAILS SHALL BE MINIMUM 16D COMMON ( UNLESS NOTEDOTHERWISE), SPIRAL SHANK, HOT DIPPED GALVANIZED OR ELECTROGALVANIZED

WITH A MINIMUM ZINC COATING OF 0. 90 OZ/ FT2 ( OUNCES PER

SQUARE FOOT OF SURFACE AREA).

18. MISCELLANEOUS STEEL COMPONENTS - ALL MISCELLANEOUS STRUCTURALSTEEL COMPONENTS, INCLUDING CONNECTORS, BRACKETS AND

MISCELLANEOUS PARTS SHALL BE FABRICATED FROM ASTM A36 STEEL. ALLSTRUCTURAL STEEL SHALL BE HOT DIPPED IN ACCORDANCE WITH ASTM

A123 WITH A MINIMUM ZINC COATING OF 0. 90 OZ/ FT2 ( OUNCES PER SQUAREFOOT OF SURFACE AREA).

19. DRILL ALL HOLES WITH A BIT 1/ 16" LARGER THAN THE REQUIRED BOLTDIAMETER.

20. ALL BOLT ENDS SHALL BE CUT OFF SUCH THAT A MAXIMUM OF 1" OF BOLTPROTRUDES BEYOND THE NUT.

21. EROSION REPAIR AREAS SHALL BE BACKFILLED WITH ONSITE AND/ OR

OFFSITE SOILS CLASSIFIED AS SM- SC WITH A PLASTICITY INDEX BETWEEN 10AND 18. ALL SOILS SHALL BE PLACED IN MAXIMUM 8 INCH LIFTS ANDCOMPACTED TO 95 PERCENT OF THE SOILS MAXIMUM DRY DENSITY ASDETERMINED IN ACCORDANCE WITH ASTM D698. REPAIRED SLOPE FACESHALL BE SEEDED WITH VEGETATION APPROVED BY THE OWNER.

22. BOAT LIFTS TO BE INSTALLED PER MANUFACTURER' S SPECIFICATIONS.

EXHIBIT A

ENCROACHMENT p, LTHPLAT SHOWING p

WOOD PIER, ALUMINUM RAMP, WOOD o

STEEL BOAT LIFTS, FLOATING WOOD DOCK rWOOD MOORING PILES

D I R UTLERFOR: BRUCE L. THOMPSON qlc'. No.VIRGINIA BEACH, VIRGINIA J 38395

SCALE: 1" = 40' OCTOBER 17, 2019 12, < v,

REVISED JANUARY 21, 2020 FREVISED FEBRUARY 13, 2020 SS/

ONAL ENGGALLUP

SURVEYORS & ENGINEERS



757) 428- 8132

SHEET 7 OF 7


CITY ATTORNEY'S OFFICE ( BOX 31)

EXEMPTED FROM RECORDATION TAXESUNDER SECTION 58. 1- 811( C) ( 4)

THIS AGREEMENT, made this 1,-) day of Eebr' 20 2, O, by

and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the

Commonwealth of Virginia, Grantor, " City", and BRUCE L. THOMPSON, HIS HEIRS,

ASSIGNS AND SUCCESSORS IN TITLE, " Grantee".

WITNESS ETH:

WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of

land designated and described as " Lot B11 and the Western 1/ 2 of Lot B12, Block B"

as shown on that certain plat entitled: " REPLAT OF RUDEE HEIGHTS PRINCESS ANNE

CO., VA.," Scale 1" = 100", dated December 1950, prepared by S. W. Armistead, C. E.,

which plat is recorded in the Clerk' s Office of the Circuit Court of the City of Virginia Beach,

Virginia in Map Book 26, at page 57, and being further designated, known, and described

as 464 Southside Road, Virginia Beach, Virginia 23451;

WHEREAS, the Grantee was previously granted permission to encroach

into a portion of Lake Wesley to construct and maintain an existing pier, boat lift and

bulkhead, mooring piles, gangway and rip rap and fill as recorded in the aforesaid Clerk' s

Office as Instrument Number 20040512000745590.

WHEREAS, it is proposed by the Grantee to construct and maintain a 8' x

GPIN: 2427- 20- 7891 ( Lake Wesley)GPIN: 2427- 20- 3522 ( 464 Southside Road)

70' wood floating dock, 24' aluminum ramp, 16' 20k boat lift, 12' 16k boat lift, and four (4)

mooring piles ( collectively, the " Temporary Encroachment"), in the City of Virginia Beach;

WHEREAS, in constructing and maintaining the Temporary Encroachment,

it is necessary that the Grantee encroach into a portion of City property known as Lake

Wesley, the " Encroachment Area"; and

WHEREAS, the Grantee has requested that the City permit the Temporary

Encroachment within the Encroachment Area.

NOW, THEREFORE, for and in consideration of the premises and of the

benefits accruing or to accrue to the Grantee and for the further consideration of One

Dollar ($ 1. 00), cash in hand paid to the City, receipt of which is hereby acknowledged,

the City hereby grants to the Grantee permission to use the Encroachment Area for the

purpose of constructing and maintaining the Temporary Encroachment.

It is expressly understood and agreed that the Temporary Encroachment

will be constructed and maintained in accordance with the laws of the Commonwealth of

Virginia and the City of Virginia Beach, and in accordance with the City' s specifications

and approval and is more particularly described as follows, to wit:

A Temporary Encroachment into the Encroachment Area asshown on that certain exhibit plat entitled: " EXHIBIT A

ENCROACHMENT PLAT WOOD PIER, ALUMINUM RAMP,WOOD & STEEL BOAT LIFTS, FLOATING WOOD DOCK &

WOOD MOORING PILES FOR: BRUCE L. THOMPSON

VIRGINIA BEACH, VIRGINIA," Scale: 1" = 40', dated October

17, 2019 and revised through February 13, 2020, prepared byGallup Surveyors & Engineers, a copy of which is attachedhereto as Exhibit " A" and to which reference is made for a

more particular description.

Providing however, nothing herein shall prohibit the City from immediately

removing, or ordering the Grantee to remove, all or any part of the Temporary

2

Encroachment from the Encroachment Area in the event of an emergency or public

necessity, and Grantee shall bear all costs and expenses of such removal.


Encroachment herein authorized terminates upon notice by the City to the Grantee, and

that within thirty ( 30) days after the notice is given, the Temporary Encroachment must

be removed from the Encroachment Area by the Grantee; and that the Grantee will bear

all costs and expenses of such removal.

It is further expressly understood and agreed that the Grantee shall

indemnify, hold harmless, and defend the City, its agents and employees, from and

against all claims, damages, losses and expenses, including reasonable attorney' s fees,

in case it shall be necessary to file or defend an action arising out of the construction,

location or existence of the Temporary Encroachment.

It is further expressly understood and agreed that nothing herein contained

shall be construed to enlarge the permission and authority to permit the maintenance or

construction of any encroachment other than that specified herein and to the limited

extent specified herein, nor to permit the maintenance and construction of any

encroachment by anyone other than the Grantee.

It is further expressly understood and agreed that the Grantee agrees to

maintain the Temporary Encroachment so as not to become unsightly or a hazard.

It is further expressly understood and agreed that the Grantee must obtain

and keep in effect liability insurance with the City as a named insured in an amount not

less than $ 500, 000. 00, per person injured and property damage per incident, combined,

with the City listed as an additional insured. The company providing the insurance must

3

be registered and licensed to provide insurance in the Commonwealth of Virginia. The

Grantee will provide endorsements providing at least thirty (30) days written notice to the

City prior to the cancellation or termination of, or material change to, any of the insurance

policies. The Grantee assumes all responsibilities and liabilities, vested or contingent,

with relation to the construction, location, and/ or existence of the Temporary

Encroachment.


Encroachment must conform to the minimum setback requirements, as established by

the City.

It is further expressly understood and agreed that the City, upon revocation

of such authority and permission so granted, may remove the Temporary Encroachment

and charge the cost thereof to the Grantee, and collect the cost in any manner provided

by law for the collection of local or state taxes; may require the Grantee to remove the

Temporary Encroachment; and pending such removal, the City may charge the Grantee

for the use of the Encroachment Area, the equivalent of what would be the real property

tax upon the land so occupied if it were owned by the Grantee; and if such removal shall

not be made within the time ordered hereinabove by this Agreement, the City may impose

a penalty in the sum of One Hundred Dollars ($ 100. 00) per day for each and every day

that the Temporary Encroachment is allowed to continue thereafter, and may collect such

compensation and penalties in any manner provided by law for the collection of local or

state taxes.

IN WITNESS WHEREOF, BRUCE L. THOMPSON, the said Grantee, has

caused this Agreement to be executed by their signatures. Further, that the City of Virginia

4

Beach has caused this Agreement to be executed in its name and on its behalf by its City

Manager and its seal be hereunto affixed and attested by its City Clerk.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

5


By SEAL)

City Manager/Authorized

Designee of the City Manager

STATE OF VIRGINIA



2020, by CITY MANAGER/ AUTHORIZED

DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,

on its behalf. He is personally known to me.

SEAL)

Notary Public

Notary Registration Number:

My Commission Expires:

SEAL)

ATTEST:

City Clerk/ AuthorizedDesignee of the City Clerk

STATE OF VIRGINIA



2020, by CITY CLERK/AUTHORIZED

DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on

its behalf. He is personally known to me.

SEAL)

Notary PublicNotary Registration Number:

My Commission Expires:

6

OWNER:

Bruce L. om on

STATE OFpp

CITY/ COUNTY OFVlivic-, a, No-wit:

rr


i{ ark 20/0, by Bruce L. Thompson.

V 0-AV Q. ( SEAL)

Notary ublic

Notary Registration Number: iS o7 y6S

KELLY A. NORDHUESMy Commission Expires: 3 • 31• ZZZ. NOTARY PUBLIC

REGISTRATION# 7507985

COMMONWEALTH OF VIRGINIA

MY COMMISSION EXPIRESAUGUST 31. 2022

APPROVED AS TO CONTENTS APPROVED AS TO LEGALi SUFFICIENCY AND FORM

ilAjr

VIGN E M D A EVER


PUBLIC WORKS/ REAL ESTATE

DEPARTMENT/ DIVISION

7

yC i .141 — . 0 . i

lk r r N

T r W E

NC-VV

yo r w 44 i _:_,t i, Acit,4

ill, 2 PN,.

i. / Y wa

s

t40 4arA Iv

4, , '-:y

w

w

w tiQ} .

y

r

y ;.

4.- ' ' Z' 44''

I a* ' 4 p .. k,

41s

R

yO

kMG

y

a . LOCATION MAP1W.•

rttY i 9 a J I a^

GRACE t tg AENCROACHMENT REQUEST

AVE FOR

fi 41, ; BRUCE L. THOMPSON

Legend 1 I ` 464 SOUTHSIDE ROAD

2427- 20- 3522GPIN 2427- 20- 3522

1 . 1 FeetCITY PROPERTY vim.

k.,

0 50 100 200s

Prepared by P.W./ Eng./ Eng. Support Services Bureau 11/ 14/ 2019 X:\ CADD\ Projects\ ARC Files\ AGENDA MAPS\ 2427- 20- 3522\ 2427- 20- 3522 Aerial. mxd

NORFOLK AV

y,

RI

tt

OW- 60— E

2 yGm r

S

N t4r114/411SITE

C45- , xQTP"

e NI4,

0

i ,,„ 0

0

2,..,,,,,')„.,

4°cJ

141i °w o

S1 OJ

4'

4CO

C LOCATION MAP

GRArs, ENCROACHMENT REQUEST

FOR

BRUCE L. THOMPSON

Legend 464 SOUTHSIDE ROAD

2427- 20- 3522GPIN 2427- 20- 3522

FeetCITY PROPERTY Alli 0 50 100 200

Prepared by P.W./Eng./ Eng. Support Services Bureau 11/ 14/ 2019 X:\ CADD\ Projects\ ARC Files\ AGENDA MAPS\ 2427- 20- 3522\ 2427- 20- 3522. mxd

46ip4 Ate I? ide S.

t..•

fir !_-441, r•'

s

S

Is

s!

Si IJ

1;, T. , 1

i.

le ' NA

i- r

t'iTp

s

a f

may`^ v"Ta va

PICTURES OF 464 SOUTHSIDE ROAD

p''

c''''-r

u

i

r

r

we+

4< tyit.-r, •,1 sr;: Ihrii.."

r• Aril • 0 , i D' - t!. •4'

ii

Sr/,// 1

1161\ 411:*, Att, ‘,.,nag!' _ce

N..,,

44.4 side Vci

r

1_

r---r,

I

ais ims. I G: i.,i'irkTIILU1 /.

f: 8

PICTURES OF 464 SOUTHSIDE ROAD

ADD d

Virginia Beach

APPLICANT' S NAME Bruce L. Thompson



Acquisition of Property Disposition of CityI

I Modification ofby City Property Conditions or ProffersAlternative Economic Development


Exc tion for EDIP)





4 0




FOR CITY USE ONLY/ All dlsciosures must be updated two( 2) weeks prior to any Page 1 of 7Planning Commission and City Council meeting that pertains to the a lication( s).

El APPLICANT NOTIFIED OF HEARING DATE:

El NO CHANGES AS OFb

DATE:

C] ; REVISIONS SUBMITTED DATE:

l

Virginia Beach

E Check here if the APPLICANT IS NOT a corporation, partnership, firm,business, or other unincorporated organization.


A) List the Applicant' s name: Bruce L_ ThompsonIf an LLC, list all member' s names:

n/ a


n/ a



Professional Hospitality Resources, Inc.Gold Key/PHRHeritage Investments, LLCCavalier Associates, LLC

See next page for Information pertaining to footnotes and 2


Complete Section 2 only ifproperty owner is different from Applicant.


ti Check here if the PROPERTY OWNER/ S a corporation, partnership, firm,business, or other unincorporated organization, AND THEN, complete thefollowing.

A) List the Property Owner' s name:______If an LLC, list the member' s

names:

Page 2 of 7

400

Virginia Beach


B) List the businesses that have a parent- subsidiary ° or affiliated business entity2


Parent- subsidiary relationship" means " a relationship that exists when one corporation directly orindirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, Va. Code § 2, 2- 3101.

2 "Affiliated business entity relationship" means "

a relationship, other than parent- subsidiaryrelationship, that exists when ( i) one business entity has a controlling ownership interest in the other

business entity, ( ii) a controlling owner in one entity is also a controlling owner in the other entity, oriii) there Is shared management or control between the business entities. Factors that should be

considered in determiningthe existence of an affiliated business entityrelationshipp include that thesame person or substantially the same person own or manage the two entities; there are common or

commingled funds or assets; the business entities share the use of the same offices or employees orotherwise share activities, resources or personnel on a regular basis, or there is otherwise a closeworking relationship between the entities." See State and Locai Government Conflict of Interests Act,Va. Code § 2. 2- 3101.

Ss



Page 3 of 7

r'

6

111APPUCANT wP stub

YES NO I SERVICE 1 ' PROVIDER tun aedwonil shuts ifsea4adf.

Accounting and/ or preparer ofDhoon Goodman iiughee

your tax return

ElElrs

Architect/ Landscape Architect/ , Oak* Surveyors

Land Planner

If

0Contract Purchaser other__t

i '?. idendfr purchsisarand purchaser' s service providers


D D purchaser of the subject propertypdentWy purchaser(s) andpurchaser' s service providers) , ,


0 o..-_. .......-..._ Harold Warren

Engtnurs/ hiarveyor;/ Agents

Finnan;( include current

Err- I mortgage holders and lenders , St-rf4.— : selected or being considered to

provide financing for acquisitionor construction of the property)

0 el Legal Sernicas

i. Real Estate Brokers/

Q ® Agents/ Realtors for current andanticipated future sales of thesubject property

r.. " .... ... .. ._

SECTION 4..KNOWN INTEREST BY PUBLIC OFFICIAL OREMPLOYEE

YES NO ' Doss an official or employee of the City of Virginia Beach havean interest In the subject land or any proposed development _contingent on the subject public action?

If yes, what Is the name of the official or employee and what Is the nature of theinterest?

Page 4 of 7

I

tft

Virginia Beach

01 CERTIFICATION:I certify that all of the information contained in this Disclosure Statement Form iscomplete, true, and accurate.

I understand that, upon receipt of notification that the application has been •scheduled for public hearing, I am responsible for updating the information.

Y

provided herein two weeks prior to the Planning Commission, Council, VRDAmeeting, or: - eting of any public body or committee in connection with this

lApplicatipt.APPUCAt C At' E PRINT NAME DATE g

Page 5 of 7


YES NO 1 I SERVICE j PROVIDER ( use additional sheets Ifneeded)

IL Accounting and/ or preparer of Dixon Goodman Hughes

I your tax return

Architect/ Landscape Architect/ Gallup SurveyorsLand Planner




Ej purchaser of the subject propertyttL ; (identify purchaser( s) and


nEl Construction Contractors

Engineers/ Surveyors/ Agents Harold Warren


C ® mortgage holders and lenders


Z Legal Services

Real Estate Brokers /Agents/ Realtors for current andanticipated future sales of the

I subject property I jI

II4


EMPLOYEE


t


interest?

Page 6 of 7

sa

BeachVirginia

CERTIFICATION:

I certify that all of the information contained in this Disclosure Statement Form is

14complete, true, and accurate.


scheduled for public hearing, I am responsible for updating the informationprovided herein two weeks prior to the Planning Commission, Council, VBDAmeeting, or meeting of any public body or committee in connection with this

5 Application,1

U C E 7I-toineSoN I a 3 l • i q0ROPERTY OiER GNATURE PRINT NAME DATE

mow,,' m,,W, .. ..

3

lfv

Page 7 of 7

if


AGENDA ITEM 9ITEMS: ( 1) A Resolution Requesting the Virginia Department of Transportation Accept

Additional Streets for Urban Maintenance Payments

2) A Resolution Requesting the Virginia Department of Transportation AcceptCorrections to the Road Inventory for Urban Maintenance Payments


Background: The Virginia Department of Transportation (" VDOT") maintenance

funding is conditioned upon City Council submitting to VDOT resolutions for all newstreets and for all corrections/ deletions to the City's road inventory. VDOT provided theCity with a letter, dated June 21, 2019, which stated the FY20 reimbursement rates.

The rates are as follows: local/ collector streets will be reimbursed at $ 12, 734. 62 perlane mile, and arterial streets will be reimbursed at $ 21, 689. 51 per lane mile.

Considerations: The first resolution requests the addition of newly constructedstreets in the amount of 4. 76 lane miles which will be eligible for urban maintenancefunds beginning on July 1, 2019. All 4. 76 lane miles are classified as local/ collectorstreets. Based on the VDOT reimbursement rates, the City will receive $ 60, 616 per yearfor these added lane miles.

The second resolution requests changes to the current VDOT maintenance fundinginventory due to duplications or updated lane mile data. There are 0. 08 lane miles of

local/ collector streets to be deleted from the inventory. There are corrections in theamount of 0. 14 lane miles of local/ collector streets to be added back to the inventory, fora net increase of 0. 06 lane miles of local/ collector streets. Based on the VDOTreimbursement rates, the City reimbursement will be increased by $ 764 per year forthese changes.

The total net increase in urban maintenance lane miles from the additions and thecorrections will result in a funding increase of $ 61, 380 from VDOT.


Public Information: Normal City Council' s agenda process.

Recommendations: Approval

Attachments: Resolutions ( 2), Exhibit A (" New Streets"), Exhibit B (" Changes")


Submitting Department/ Agency: Public Works

City Manager: 7714/„.

1 A RESOLUTION REQUESTING THE VIRGINIA

2 DEPARTMENT OF TRANSPORTATION ACCEPT

3 ADDITIONAL STREETS FOR URBAN MAINTENANCE

4 PAYMENTS

5

6 WHEREAS, the Virginia Department of Transportation requires a City Council7 resolution prior to accepting additional streets for urban maintenance payments; and8

9 WHEREAS, the 4. 76 ( Local/ Collector) lane miles of streets listed on Exhibit A

10 ( attached) have been constructed in accordance with standards established by the11 Virginia Department of Transportation; and

12

13 WHEREAS, the City of Virginia Beach has accepted and agreed to maintain14 these streets; and

15

16 WHEREAS, a representative from the Virginia Department of Transportation has

17 inspected and approved these streets.

18

19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF


21

22 That City Council hereby requests the Virginia Department of Transportation to23 accept the streets listed on Exhibit A, attached hereto and incorporated by reference,24 and to begin paying urban maintenance payments to the City of Virginia Beach based25 on the established rate.

Adopted by the Council of the City of Virginia Beach, Virginia, on the dayof 2020.


Department of P blic Works o; rr y' s Office

CA15022

R- 1

March 4, 2020

13PIObdOZOz`CVA{V`,WmB.L

3IWASmaliJosallAlaus'IIBao.L

WWI1V301Jo*nigMIIhoy

00'IQN3OV30Sall3NNVSS3DNIIId301N3INLVNIICIO.L1VD01

90'IDVS301113NON3QV30Sall113AITIO1IVDOl

00.I43NaQV3O3N[73LVJSOILONYISIS.LLONDITVD07

OS'0ILOO13L3SDNDISCCI13L3SONDIAVMATISOWAYNWIC1VDO'I

08'0all30OLIiaUNVSQII3NNVSS3DN111dNVII-AMUIVj07

S3`IIW3NV'IOZNOWSHILLSad.c,Laaa_is

suol;saad0/SIIdoA%3llgndSlaailsntaNVa.igiux3 ip3UBIUI1IAJOAna

1 A RESOLUTION REQUESTING THE VIRGINIA

2 DEPARTMENT OF TRANSPORTATION ACCEPT

3 CORRECTIONS TO THE ROAD INVENTORY FOR

4 URBAN MAINTENANCE PAYMENTS

5

6 WHEREAS, the Virginia Department of Transportation requires a City Council7 resolution prior to accepting corrections or deletions to the revised road inventory for8 urban maintenance payments;

9

10 WHEREAS, City personnel have reviewed the revised road inventory prepared11 by the Virginia Department of Transportation and have determined that some

12 inaccuracies exist;

13

14 WHEREAS, corrections to the revised road inventory have been made as shown15 on Exhibit B ( attached), resulting in a net increase of 0. 06 ( Local/ Collector) lane miles.16

17 WHEREAS, a representative from the Virginia Department of Transportation has

18 inspected and approved corrections.

19

20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF


22

23 That City Council hereby requests the Virginia Department of Transportation to24 accept the corrections listed on Exhibit B, attached hereto and incorporated by

25 reference, and to begin paying urban maintenance payments to the City of Virginia26 Beach based on the established rate.

Adopted by the Council of the City of Virginia Beach, Virginia, on the day

of 2020.


Department of Pu is Works rn ' s Dffice

CA15023

R- 2

March 4, 2020

Exhibit B - ChangesCity of Virginia Beach

Public Works/ Operations

Additions/ Replaced deletions

Street Type STREET FROM TO LANE MILES

LOCAL SEABRIGHT CT W DEAD END E CUL DE SAC 0. 14

Total Lane Miles of LOCAL streets: 0. 14

Total Lane Miles of Additions/ Replaced deletions: 0. 14

Deletions

Street T3 pe STREET FROM TO t LANE MILES

LOCAL SEABRIGHT CT EASTBORNE DR END OF CUL- DE-SAC 0. 08

Total Lane Mlles of LOCAL street: 0. 08

Total Lane Miles of Deletions: 0. 08

Tuesday, March 3, 2020 Page 1 of 1

C

SNukirrz ,4 ls


AGENDA ITEM

ITEM: An Ordinance to Establish Projects # 5- 159, " Public Utilities Office Space

Acquisition and Improvements — Water," and # 6- 159, " Public Utilities Office

Space Acquisition and Improvements — Sewer," and to Transfer Funds from the

Water and Sewer Enterprise Fund to Projects # 5- 159 and # 6- 159


Background: After the events of May 31, 2019, employees who worked in

Building 2 were temporarily dispersed to other locations throughout the City. Since then,Public Utilities staff have been occupying several spaces at the Municipal Center andthe Landstown Complex. Efforts are underway to secure a site large enough that stafffrom the Business and Engineering Divisions can be located together or in closeproximity. A final location has not been selected, but the City is focusing on theLynnhaven corridor to align with the location of the Planning Department. This wouldprovide a higher level of convenience for joint customers. The area of focus also hasgreater availability of large vacant office space to meet the needs of Public Utilities.

Facilities Management estimates the cost for an initial lease to be $ 500, 000, and the

cost for build- out of the space to be $ 1, 600, 000. In total, the estimated cost is

2, 100, 000. Due to the timing of the event, this request was not programmed for FY2019- 20, but efforts are underway, and this work is likely to begin before July 1, 2020.

As such, it is necessary to establish companion Water and Sewer Capital ImprovementProjects to facilitate this space consolidation and build- out effort.

Considerations: Public Utilities plans and schedules revenue bond sales inconjunction with the Finance Department. A utility bond sale was anticipated in FY2019- 20, but that sale was delayed due to recovery efforts. Due to the delay, $ 2. 1

million originally programmed for debt service in FY 2019- 20 is available for repurposingas a transfer to newly established CIP projects # 5- 159 and # 6- 159.


Public Information: Normal City Council Agenda Process.

Recommendations: Adopt the attached ordinance.

Attachments: Ordinance; Project Pages ( 2)


Submitting Department/ Agency: Public Utilities

City Manager: M(,,

1 AN ORDINANCE TO ESTABLISH PROJECTS # 5-

2 159, " PUBLIC UTILITIES OFFICE SPACE

3 ACQUISITION AND IMPROVEMENTS — WATER,"

4 AND # 6- 159, " PUBLIC UTILITIES OFFICE SPACE

5 ACQUISITION AND IMPROVEMENTS — SEWER,"

6 AND TO TRANSFER FUNDS FROM THE WATER

7 AND SEWER ENTERPRISE FUND TO PROJECTS

8 5- 159 AND # 6- 159

9

10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,

11 VIRGINIA, THAT:

12

13 1. Capital Project # 5- 159, " Public Utilities Office Space Acquisition and

14 Improvements — Water," is hereby established in the FY 2019- 20 Capital15 Improvement Program.

16

17 2. Capital Project # 6- 159, " Public Utilities Office Space Acquisition and

18 Improvements — Sewer," is hereby established in the FY 2019-20 Capital19 Improvement Program.

20

21 3. $ 2, 100, 000 is hereby transferred from the Water and Sewer Enterprise Fund in the22 FY 2019- 20 Operating Budget to the following projects:23 i. CIP # 5- 159 in the amount of$ 1 , 050, 000; and

24 ii. CIP # 6- 159 in the amount of$ 1 , 050, 000.



Budget & Management Services Ci y ey s Office

CA15028

R- 1

March 4, 2020

City of Virginia Beach FY 2021 thru FY 2026 Capital Improvement Program

Project: 5159000 Title: Public Utilities Office Space Acquisition& Improvements Status: Proposed

Category: Water Utility I Department: Public Utilities Ranking: 0

Project Type Project Location

Project Type: Rehabilitation/ Replacement District:

Programmed Funding

Programmed Appropriated Budgeted Non- Appropriated Programmed CIP Funding Future

Funding To Date FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Funding

1, 050, 000 1, 050, 000 0 0 0 0 0 0 0

Description and Scope

The scope of this project is to support the initial lease payment and all costs associated with build- out of Public Utilities' new lease space to accommodate the

needs and activities of the Public Utilities Business and Engineering Division staff. A total cost estimate of$ 500, 000 for the initial lease payment and$ 1, 600, 000

to complete the build- out of the new lease space was provided by Facilities Management. This project is planned in coordination with the companion Water

Utility project 6- 159.

Purpose and Need

As a result of Public Utilities' staff relocation, this project was created to facilitate the initial lease payment and build- out of new lease space.

History and Current Status

This project was established by City Council on March 18, 2020. It first appeared in the FY 2020- 21 CIP.Operating Budget Impacts

Project Map Schedule of Activities

Project Activities From- To Amount

Site Acauisition 03/ 20- 06/ 21 250, 000

Construction 03/ 20- 06/ 21 800, 000

Total Budgetary Cost Estimate: 1, 050,000

Means of Financing

NO MAP REQUIREDFunding Subclass Amount

Local Funding 1, 050, 000

Total Funding: 1, 050, 000

G ovM a x 1 3/ 4/ 2020

City of Virginia Beach FY 2021 thru FY 2026 Capital Improvement Program

Project: 6159000 Title: Public Utilities Office Space Acquisition& Improvements Status: Proposed

Category: Sewer Utility I Department: Public Utilities Ranking: 0

Project Type Project Location

Project Type: Rehabilitation/ Replacement District:

Programmed Funding

Programmed Appropriated Budgeted Non- Appropriated Programmed CIP Funding Future

Funding To Date FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Funding

1, 050, 000 1, 050, 000 0 0 0 0 0 0 0

Description and Scope

The scope of this project is to support the initial lease payment and all costs associated with build- out of Public Utilities' new lease space to accommodate the

needs and activities of the Public Utilities Business and Engineering Division staff. A total cost estimate of$ 500, 000 for the initial lease payment and$ 1, 600, 000

to complete the build- out of the new lease space was provided by Facilities Management. This project is planned in coordination with the companion Water

Utility project 5- 159.

Purpose and Need

As a result of Public Utilities' staff relocation, this project was created to facilitate the initial lease payment and build- out of new lease space.

History and Current Status

This project was established by City Council on March 18, 2020. It first appeared in the FY 2020- 21 CIP.

Operating Budget Impacts

Project Map Schedule of Activities

Project Activities From- To Amount

Site Acauisition 03/ 20- 06/ 21 250, 000

Construction 03/ 20- 06/ 21 800, 000

Total Budgetary Cost Estimate: 1, 050, 000

Means of Financing

NO MAP REQUIREDFunding Subclass Amount

Local Funding 1, 050, 000

Total Funding: 1, 050, 000

GovMax 2 3/ 4/ 2020

16° L


AGENDA ITEM

ITEM: An Ordinance Authorizing the City Manager to Execute an Agreement betweenthe City of Virginia Beach, F- 14 Tomcat Monument Association, and the

Hampton Roads Squadron, The Association of Naval Aviation, Inc., for the

Construction, Dedication and Maintenance of the F- 14 Tomcat Monument to be

Installed at 25th Street and the Boardwalk, and Authorizing the City Manager toAccept Donation of the Monument


Background: The F- 14 Tomcat Monument Association (" F- 14 Association") is a

nonprofit 501( c)( 3) organization. The Hampton Roads Squadron, The Association of

Naval Aviation, Inc. (" HRANA") is a Virginia non- stock corporation.

The F- 14 Association has proposed to construct and dedicate a monument forplacement at 25th Street and the Boardwalk. The F- 14 Tomcat Monument

Monument") will educate the public on the vital role of the Tomcat in Naval aviationhistory and will memorialize the aviators who gave their lives in flight and who built andsustained the aircraft and fleet for thirty- six ( 36) years. The F- 14 Tomcat was the first

carrier- based fighter aircraft to feature a variable swept wing, was capable of speedsapproaching Mach 2, and proved a lethal opponent against adversaries.

The Monument will be constructed with a three inch powder-coated tubular steel framecovered by four laser-etched black granite panels and will detail how the F- 14 Tomcatwas deployed worldwide in thirty- six ( 36) Navy squadrons and flew from U. S. aircraftcarriers from 1974 through 2006. The Monument is similar in design to the existingNaval Aviation Monument.

Considerations: An agreement has been proposed between the City, the F- 14Association, and HRANA to provide for the construction, dedication, and maintenanceof the Monument. Under the terms of the agreement, the F- 14 Association will pay, atits sole cost and expense, to design and construct the Monument and HRANA, at its

sole cost and expense, will be responsible for maintenance and capital repairs to the

Monument. The agreement requires the City to remove approximately five square feetof existing pavers at the Premises prior to installation of the Monument. The Agreement

provides for the dedication of the Monument after completion and written acceptance bythe City. After dedication and acceptance, the Monument shall be the sole property ofthe City. The Virginia Beach Arts and Humanities Commission has endorsed the

Monument.

Public Information: Normal Council agenda process.

Attachments: Ordinance, Agreement, Summary of Terms, Rendering ofmonument


Submitting Department/ Agency: Department of Cultural Affairs 61

City Manager: / M L

1 AN ORDINANCE AUTHORIZING THE CITY

2 MANAGER TO EXECUTE AN AGREEMENT

3 BETWEEN THE CITY OF VIRGINIA BEACH, THE F-4 14 TOMCAT MONUMENT ASSOCIATION, AND THE

5 HAMPTON ROADS SQUADRON, THE

6 ASSOCIATION OF NAVAL AVIATION, INC., FOR

7 THE CONSTRUCTION, DEDICATION AND

8 MAINTENANCE OF THE F- 14 TOMCAT

9 MONUMENT TO BE INSTALLED AT 25TH STREET10 AND THE BOARDWALK, AND AUTHORIZING THE11 CITY MANAGER TO ACCEPT DONATION OF THE12 MONUMENT

13

14 WHEREAS, the F- 14 Tomcat Monument Association (" F- 14 Association") is a

15 nonprofit 501( c)( 3) organization; and

16

17 WHEREAS, the Hampton Roads Squadron, The Association of Naval Aviation,18 Inc. (" HRANA") is a Virginia non- stock corporation; and

19

20 WHEREAS, the F- 14 Association has proposed to construct and dedicate a21 monument for placement at 25th Street and the Boardwalk (" Premises"); and

22

23 WHEREAS, the F- 14 Monument (" Monument") will educate the public on the vital24 role of the Tomcat in Naval aviation history and will memorialize the aviators who gave25 their lives in flight and who built and sustained the aircraft and fleet for thirty- six ( 36)26 years; and27

28 WHEREAS, the F- 14 Tomcat was the first carrier- based fighter aircraft to feature29 a variable swept wing, was capable of speeds approaching Mach 2, and proved a lethal30 opponent against adversaries; and

31

32 WHEREAS, the Monument will detail how the F- 14 Tomcat was deployed33 worldwide in thirty- six ( 36) Navy squadrons and flew from U. S. aircraft carriers from34 1974 through 2006; and

35

36 WHEREAS, the Monument will be constructed of a three inch powder- coated37 tubular steel frame covered by four laser-etched black granite panels; and38

39 WHEREAS, the Monument is similar in design to the existing Naval Aviation40 Monument; and41

42 WHEREAS, an agreement has been proposed between the City, the F- 14

43 Association, and HRANA to provide for the construction, dedication, and maintenance44 of the Monument (" Agreement"); and

45

46 WHEREAS, under the terms of the Agreement, the F- 14 Association will pay, at

47 its sole cost and expense, to design and construct the Monument and HRANA, at its48 sole cost and expense, will be responsible for maintenance and capital repairs to the

49 Monument; and

50

51 WHEREAS, under the terms of the Agreement, the City will remove

52 approximately five square feet of existing pavers at the Premises prior to installation of53 the Monument; and

54

55 WHEREAS, the Agreement provides for the dedication of the Monument after56 completion and written acceptance by the City; and57

58 WHEREAS, at that time, the Monument shall be the sole property of the City; and59

60 WHEREAS, the Virginia Beach Arts and Humanities Commission has endorsed61 the Monument.

62

63 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF64 VIRGINIA BEACH, VIRGINIA, THAT:

65

66 1. The City Manager is hereby authorized to execute an Agreement between the67 City, the F- 14 Association, and HRANA for the construction, dedication and68 maintenance of the Monument to be installed at 25th Street and the Boardwalk.69

70 2. The City Manager is hereby authorized to accept, in writing, the Monument upon71 final completion and dedication of the Monument.



p men

IRural Affairs City Attorney' s Office

CA14994

R- 2

April 29, 2020

a- sS)

44-d_

r`!


ITEM: An Ordinance to Appropriate $ 258, 000 in the Police Federal & State Seized

Assets Special Revenue Fund for Police Equipment and Training


Background: The Virginia Beach Police Department requests the use of

258, 000 from the Police Federal & State Seized Assets Special Revenue Fund to

purchase the following items that have not been funded through the Virginia BeachPolice Department' s FY 2019-20 Operating Budget:

Special Investigations Undercover Vehicles - $ 100, 000. Funding for the vehicles willbe used to purchase between four and six non- marked replacement vehicles forinvestigative personnel. The precise amount will be dependent upon availableinventory and prices.

Wrap Restraint Systems - $ 15, 200. The restraint systems provide officers with asafer alternative for both officers and arrestees than handcuffs to restrain violent

subjects.

Weapon lights - $ 71, 050. The weapon lights will outfit all officers with a weapon-

mounted light system to improve proficiency in low-light situations.

Taser Training Cartridges - $ 66, 000. Taser cartridges will be used by theProfessional Development and Training Unit for both re- certification and new

academy courses.

Police training - $ 5, 750. The training portion will allow officers to attend four trainingopportunities: the Police Society for Problem- Based Learning Conference, Taser

Master Instructor School, the Commission on Accreditation for Law Enforcement

Agencies' ( CALEA) Virginia Association of CALEA Accredited Professionals

Conference, and Drug Enforcement Agency' s Operation Pipeline training.

Considerations: According to the United States Department of Justice, seizedasset funds are to be used to provide law enforcement agencies monetary resources toassist in accomplishing their mission but cannot be used to supplant local funding.Rather, seized asset resources must be above and beyond City funding. As the PoliceDepartment does not estimate revenue nor budget within this fund, any revenues mustbe appropriated for use in the Department' s Operating Budget. This action estimatesactual revenue that has been collected during FY 2019- 20 and provides thecorresponding appropriation authority for the purposes listed above.


The Police Department has requested that this matter be withdrawn. It will be

resubmitted for the City Council' s consideration in the next fiscal year.

Public Information: Normal Council Agenda process.

Recommendation: Withdrawn

Attachments: Ordinance

Recommended Action: Withdrawn

Submitting Department/ Agency: Police Department

lCity Manager: ` GlL

1 AN ORDINANCE TO APPROPRIATE $ 258, 000 IN THE

2 POLICE FEDERAL & STATE SEIZED ASSETS SPECIAL3 REVENUE FUND FOR POLICE EQUIPMENT AND

4 TRAINING

5

6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,7 VIRGINIA THAT:

8

9 258, 000 is hereby appropriated, with revenues estimated accordingly, in the

10 Police Federal & State Seized Assets Special Revenue Fund within the FY 2019- 2011 Operating Budget for the purchase equipment and training by and for the Police12 Department.

Adopted by the Council of the City of Virginia Beach, Virginia on the day of2020.

Requires an affirmative vote by a majority of all the members of City Council.


Budget and Management Services ty Attorney' s Office

CA15024

R- 1

March 4, 2020

NLA E


AGENDA ITEM

ITEM: An Ordinance to Accept and Appropriate $ 58, 000 from the Virginia Department

of Emergency Management to the FY 2019-20 Operating Budget of the Office ofEmergency Management


Background: The City, through the Office of Emergency Management, was

awarded $ 58, 000 in funding from the Virginia Department of Emergency ManagementVDEM) from the FY 2019 State Homeland Security Program. The Office of Emergency

Management was awarded these funds in order to conduct a regional Hazard

Identification and Risk Assessment.

Considerations: This grant will be used to hire an outside consultant that willconduct a Hazard Identification and Risk Assessment for Chesapeake, Norfolk,

Portsmouth, and Virginia Beach. The consultant will engage the participating localities ina collaborative process to create and validate a risk tool, develop hazard scenarios toguide consequence analysis, develop a community survey on hazards, review and

validate consequence analysis results, and develop a final report that summarizes theprocess and findings. The performance period for this grant is October 1 , 2019 — June

30, 2021 .


Public Information: Normal Council agenda process.




Submitting Department/ Agency: Office of Emergency Management

City Manager: / i24 L,

1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $ 58, 000

2 FROM THE VIRGINIA DEPARTMENT OF EMERGENCY

3 MANAGEMENT TO THE FY 2019- 20 OPERATING BUDGET

4 OF THE OFFICE OF EMERGENCY MANAGEMENT

5

6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,

7 VIRGINIA, THAT:

8

9 58,000 from the Virginia Department of Emergency Management is hereby10 accepted and appropriated, with federal revenues increased accordingly, to the FY 2019-11 20 Operating Budget of the Office of Emergency Management to conduct a Hazard12 Identification and Risk Assessment.

Requires an affirmative vote by a majority of all of the members of City Council.

Adopted by the Council of the City of Virginia Beach, Virginia on the day of2020.


Budget and Management Services City Attor ey s Office

CA15026

R- 1

March 4, 2020

cr. Bpq

HisCITY OF VIRGINIA BEACH

AGENDA ITEM

ITEM: An Ordinance to Accept and Appropriate $ 201, 556 From the Federal EmergencyManagement Agency to Support the Costs Related to Mobilizing Virginia TaskForce 2 Urban Search and Rescue Team Members to Puerto Rico to Assist Areas

Impacted by Multiple Earthquakes


Background: The Virginia Task Force 2 Urban Search and Rescue Team

sponsored by the City of Virginia Beach received activation orders to assist withearthquake response activities in Puerto Rico. A nine- person Incident Support Team wassent to respond to the event.

Considerations: Upon activation FEMA provides funding to reimburse

sponsoring agencies for equipment, supplies and personnel costs incurred whilesupporting the event. As the sponsoring agency, the Virginia Beach Fire Department isresponsible for the administrative and fiscal management of the team and its assets.

Consistent with previous deployments, FEMA authorized the reimbursement of all eligibleexpenses related to these activation orders. Total reimbursement authorized is $ 201, 556.

Public Information: Public information will be coordinated through the normal

agenda process




Submitting Department/ Agency: Fire Department

City Manager:

1 AN ORDINANCE TO ACCEPT AND APPROPRIATE2 201, 556 FROM THE FEDERAL EMERGENCY3 MANAGEMENT AGENCY TO SUPPORT THE COSTS4 RELATED TO MOBILIZING VIRGINIA TASK FORCE 25 URBAN SEARCH AND RESCUE TEAM MEMBERS TO6 PUERTO RICO TO ASSIST AREAS IMPACTED BY7 MULTIPLE EARTHQUAKES8

9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH.10 VIRGINIA. THAT:

11

12 201, 556 is hereby accepted from the U. S. Department of Homeland Security13 Federal Emergency Management Agency and appropriated; with federal revenue14 increased accordingly, to the FY 2019- 20 Operating Budget of the Fire Department for15 the reimbursement of costs related to the deployment of members of the Virginia Task16 Force 2 Urban Search and Rescue Team to Puerto Rico to assist areas impacted by17 multiple earthquakes.


Requires an affirmative vote by a majority of all members of the City Council.


Budget and Management Services s Office

CA15062

R- 1

May 5, 2020

OyH'^c

f0

y

ISZl


AGENDA ITEM

ITEM: An Ordinance to Transfer $ 177, 466 from the General Fund Reserve for

Contingencies to the FY 2019-20 Operating Budget of the Department of PublicHealth


Background: Consistent with the City' s budgeting for the Department of PublicHealth, the City splits the costs of this office with the City paying 45% and the

Commonwealth paying 55%. This funding split is memorialized in a local governmentagreement between the City and the Commonwealth. If the City does not participate inthe collaboration with the Commonwealth, the City could establish an independent localhealth department, but such an independent health department would require the City tobear all the costs. Accordingly, the City' s FY 2019- 20 funding of the Department of PublicHealth provided $ 2, 585, 370 based on the FY 2018- 19 local government agreement usingthe 45%/ 55% cost split.

On February 21 st, the Department of Public Health provided the City with the updatedrequirement for FY 2019- 20, which is $ 2, 762, 836. This is an increase of $ 177, 466 and

requires a transfer to meet the City' s 45% obligation.

Considerations: The funding of this request is consistent with the City's fundingapproach to the Department of Health. If this transfer of $ 177, 466 is approved, the

remaining balance of the General Fund Reserve for Contingencies will be $ 442, 274.


Public Information: Normal agenda process.




Submitting Department/ Agency: Health Department

City Manager: // Wt..

1 AN ORDINANCE TO TRANSFER $ 177, 466 FROM THE

2 GENERAL FUND RESERVE FOR CONTINGENCIES

3 TO THE FY 2019- 20 OPERATING BUDGET OF THE4 DEPARTMENT OF PUBLIC HEALTH

5

6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,7 VIRGINIA, THAT:

8

9 177,466 is hereby transferred from the General Fund Reserve for Contingencies10 to the Health Department' s FY 2019- 20 Operating Budget to fulfill the FY 2019- 2011 Department of Health local match of 45%, which is memorialized in a local government12 agreement between the City and the Commonwealth.



4 4_ K )udget & Management Services Ci yorrr 's Office

CA15025

R- 1

March 4, 2020

NUS

1 z

f"

yr


ITEM: An Ordinance to Transfer Funds from the General Fund Reserve for

Contingencies to Voter Registration and Elections for the June 2020 PrimaryElection


Background: A Primary Election has been ordered for June 23, 2020 in the Cityof Virginia Beach. This Primary Election was originally scheduled for June 9, 2020;however, to protect citizens from the health threat posed by COVID- 19, Governor

Northam issued Executive Order 56, postponing the election to June 23, 2020. Virginiarequires localities to pay the costs of primary elections. The General Assembly mayreimburse such costs, but there is no requirement for such reimbursement. The FY

2019- 20 Operating Budget for the Voter Registration & Election' s Office did not include

funding for this primary election.

Considerations: The estimated cost of the primary election is $ 373, 537. If this

transfer is approved by City Council, the remaining balance in the General FundRegular Reserve for Contingencies will be $ 196, 203.

Public Information: Public information will be provided through the normalCouncil Agenda process.




Submitting Department/ Agency: Voter Registration & Elections

City Manager:

1 AN ORDINANCE TO TRANSFER FUNDS FROM THE2 GENERAL FUND RESERVE FOR CONTINGENCIES3 TO VOTER REGISTRATION AND ELECTIONS FOR

4 THE JUNE 2020 PRIMARY ELECTION

5

6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,7 VIRGINIA, THAT:

8

9 373, 537 is hereby transferred from the General Fund Reserve for Contingencies10 to the FY 2019- 20 Operating Budget of Voter Registration and Elections to fund the11 Primary Election on June 23, 2020.



Budget and MangManagement Services y' s Office

CA15058

R- 1

April 29, 2020

K. UNFINISHED BUSINESS

L. NEW BUSINESS

M. ADJOURNMENT

If you are physically disabled or visually impaired

and need assistance at this meeting,

please call the CITY CLERK' S OFFICE at 385- 4303

The Agenda ( including all backup documents) is available athttps:// www.vbgov.com/government/departments/ city-clerk/city-council under the eDocsDocument Archive. If you would like to receive by email a list of the agenda items for eachCouncil meeting, please submit your request to pmcgraw@vbgov. com or call 385- 4303.

APRIL 28, 2020 AGENDA - SPECIAL MEETING - VBgov.com :: City … · 2020-05-11 · City of Beach...

Documents

Transcript of APRIL 28, 2020 AGENDA - SPECIAL MEETING - VBgov.com :: City … · 2020-05-11 · City of Beach...