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Transcript of Cypress Landing housing for veterans
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ChesapeakeIRGINIAOffice of the City Attorney
306 Cedar RoadChesapeake Virginia 23322
757 3826586Fax 757 3828749
May 19 2015
TO Mayor Krasnoff ViceMayor de Triquet and Members of the City Council
Re RESOLUTION AUTHORIZING THE CITY MANAGER AND CITYCLERK TO EXECUTE A PROPOSED AGREEMENT AND DEED OFGIFT CONVEYING CERTAIN REAL PROPERTY CONTAININGAPPROXIMATELY6358 ACRES MORE OR LESS LOCATED IN THEWASHINGTON BOROUGH OF THE CITY OF CHESAPEAKEVIRGINIA TO CYPRESS LANDINGLLCA VIRGINIA LIMITEDLIABILITY COMPANY THE SOLE MEMBER OF WHICH IS THESOUTHEASTERN VIRGINIA HOUSING CORPORATION A NONPROFIT COMMUNITY HOUSING DEVELOPMENT CORPORATIONTO DEVELOP AFFORDABLE HOUSING IN THE CITY OFCHESAPEAKE TO SERVE DISABLED ANDOR HOMELESSVETERANS
Please find enclosed a resolution authorizing the City Manager to execute a proposedAgreement and Deed of Gift conveying approximately 6358 acres more or less theProperty to Cypress LandingLLC the sole member of which is the Southeastern VirginiaHousing Corporation to develop affordable housing to serve disabled andor homeless veteransthrough a partnership with the City the Project
According to the terms of the Agreement Cypress Landing proposes to construct a 50unit 4story elevator building with 44 one bedroom units and 6 two bedroom units The Projectwill have a multi purpose community room an exercise room an office for propertymanagement staff and a maintenance storage area
Cypress Landing has requested the City donate real property to be used in the Projectand the City has determined that the Property is surplus and is not needed for City purposesCypress Landing agrees it shall not use the Property for any other purposes without prior writtenapproval of the City Manager
The City of Chesapeake adheres to the principles of equal employment opportunityThis policy extends to all programs and services supported by the City
dhanburyText BoxDocket Item:NPPH - G
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The Project units will serve disabled andor homeless lowincome veterans at or below50 half of the units or below 40 half of the units of the area median family income TheCity has agreed to consider requests by Cypress Landing for CDBG and HOME funds
The total estimated cost to develop the Project is961000000which includes sitedevelopment construction costs and all other related costs The Project will be designed to meetthe Citys design standards and Cypress Landing will be responsible for designing andconstructing the units ongoing management and maintenance and obtaining funding for theProject The City will provide the land and support services to the resident veterans onsitethrough the Chesapeake Department of Human Services andor the Chesapeake IntegratedBehavioral Health
A copy of the proposed Agreement and Deed of Gift are enclosed along with a copy ofMemorandum from Deputy City Manager Wanda BarnardBailey requesting that the City moveforward with this Project
Please advise if you have any questions or concerns
Very truly yours
1aC IJan L Proctor
City Attorney
JLPhvmEnclosurescc James E Baker City Manager
Beverly Pender Acting City ClerkWanda Barnard Bailey Deputy City ManagerAnna D Antonio Assistant to the City Manager
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Chesapeake City of Ches1 R G 1 N 1Office of the City Manager
Post Office Box 15225Chesapeake Virginia 233285225
Office 757 3826166Fax 757 3826507
TDD 757 3828214
MEMORANDUM
TO Jan L Proctor City Attorney
FROM Wanda Barnard Bailey PhD Deputy City Manager
DATE March 6 2015
SUBJ Land Transfer for Disabled and Homeless Veterans Housing ProjectCypress Landing
On September 26 2013 Mayor Krasnoff requested staff attend the Grand Opening ofHampton Roads first permanent rental complex for disabled veterans Cedar Grove inVirginia Beach The project was so impressive that City Council Members members ofthe MayorsCommission on Veteran Affairs and City staff visited the facility on movein day The group unanimously agreed Chesapeake could benefit from this resource andrequested a meeting with the Southeastern Virginia Housing Corporation SVHCleadership the project manager for Cedar GroveThe group and SVHC leadership conducted a followup meeting on March 20 2014 andrequested SVHC provide a proposal for the City of Chesapeake to house disabled andhomeless veterans On April 30 2014 the proposal see attached was reviewed by thegroup and additional staff members with a request to provide Council the information in aWork Session on June 20 2014 During the Work Session Council requested staff reviewoptions to support the project including property availability Upon staff review two plusor minus acres located on KnellsRidge Boulevard were recommended to your office forproperty transfer to SVHC for the purpose of completing the project to be named CypressLanding
Thank you for your cooperation in moving this project forward If you have additionalquestions please do not hesitate to contact me at 3826605
WBBpme
Attachment
c James E Baker City ManagerAmar Dwarkanath Deputy City Manager
The City of Chesapeake adheres to the principles of equal employment opportunityThis policy extends to all programs and services supported by the City
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SOUTHEASTERN VIRGINIA HOUSING CORPORATION
Boar of DirectorsBarbara Clevenger April 29 2014
President
Debra A GrantDr Wanda BarnardBaileyVice President
Trent Mitchell Deputy City Manager City of ChesapeakeSecretaryTreasurer 306 Cedar Road 6 FloorJames Banks
ElsieBames Chesapeake VA 23322Norfolk State University
Christopher BealeSouthern Bank Trust Co RE Proposal for Veterans Housing
Gregory M DragasDragas EngineeringCarol N Hare Esq Dear Dr Bailey
Fidelity National TitleDenise Howard Please find enclosed the proposal from Southeastern Virginia Housing CorporationFirst Command
Financial Services for a Veterans Housing project in the City of ChesapeakeMary Kay Horoszewski
Executive Director
After you have had a chance to review the proposal please contact me with anyquestions you may have We would be more than happy to have another meeting
Regional Advisory Councilat your office to further discuss this project and answer questions that you orSheShelayne Boswell
Sr Vice President others may haveHeritage Bank
The HonorableThomasine Carter W appreciate the opportunity to submit this proposal and look forward to hearing
Retired Judge from youJulianne Cookson
Assistant Vice PresidentTowneBank Sincerely
Jeffrey UlmerPlanning Dept J
City of Portsmouth Lti ailfAndrew H Friedman Sharon ShoffDirector Virginia Beach
Department of Housing Director Administrative ServicesNeighborhood Preservation
Ann GrandyExecutive Director Cc Mary Kay Horoszewski Executive Director Southeastern VA Housing Corp
oDUCDC Jessica Guglielmo Director of Development Southeastern VA Housing CorpRon Jackson
Executive Director
Hampton RHAMark A Johnson 1
CRA ManagerSunTrust Bank
John Kownack
Director of HousingReinvention Norfolk RHA
Clarissa McAdooExecutive Director
Suffolk RHAKaren Wilds
Executive Director
Newport News RHABrenda Willis
Executive Director
Chesapeake RHA A Community Housing Development Corporation CHDO2400 Potters Road Virginia Beach VA 23454
PH 757463 9516 Fax 757 4631382
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A Proposal to Develop50 units of Affordable Housing
for Homeless Disabled Veteransin the City of Chesapeake
Southeastern Virginia Housing Corporation SVHC a Community Housing DevelopmentOrganization is proposing to develop affordable housing in the City of Chesapeake forhomeless disabled veterans through a partnership with the City of Chesapeake
Project DescriptionWe are proposing to construct a 50 unit 4story elevator building with 44 1bedroom units and 62bedroom units The building would be constructed with high quality materials and beEarthCraft certified Half of the units would be fully accessible In addition the building wouldhave a community room an office for property management staff and a maintenance storage areaA proposed rendering of the site is pictured below
t t
Ii 1 1
1 y1
L1 II
1 LT ate
All of the units must have projectbased section 8 assistance committed Half of the units willserve veterans at or below 50 of the area median family income In addition for this projecthalf of the units will serve veterans at or below 40 of the area median family income tostrengthen the application score for lowincome housing tax credits These section 8 vouchersare needed to ensure that there is adequate funding to pay the debt service for the units andoperate and maintain them while keeping them affordable to the very lowincome homelessdisabled veterans
SVHC will be responsible for acquiring the land constructing the units and for the ongoingmanagement and maintenance of the property SVHC will also be responsible for obtaining botha construction loan and all permanent funds for the project
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We cannot do this project without assistance from the City of Chesapeake We would need theCity to
1 Find approximately 2 acres of land that would be either donated to SVHC or sold at a nominalcost
2 Provide federal HOME andor CDBG funds for the development costs of the project3 Provide project based Section 8 vouchers One possible source of Section 8 is HUDVASHprojectbased vouchers which are specifically for homeless disabled veterans The ChesapeakeRedevelopment Housing Authority would have to submit this application and SVHC couldprepare the application in partnership with the Housing Authority for submission
4 Provide support services to the veterans onsite through the Chesapeake CSB andor SocialServices Services may be provided by the Department of Veterans Affairs under the HUDVASH program
Development BudgetThe total estimated cost to develop the project is9607850 This includes land acquisition sitedevelopment and construction cost and all other project related costsDevelopment Budget Project CostsAcquisition Closing Costs of Land 64610Site Work Construction 7333692Pre Development Development Costs 2209548
Architect Engineering feesConstruction Loan interest TitleRecording fees Attorneysfees taxCredit fees loan fees appraisal marketStudy geotechnical report environmentalStudies project management feesearthcraft feesPartnership and syndicationfees up front Operating leaseupand replacement reserves insurance duringconstruction
Total 9607850
Development Budget Proposed Funding SourcesLow Income Housing Tax Credit Equity 5900000Virginia Housing Development Authority Loan 2220000City of Chesapeake HOME andorCDBG funds
650000State of Virginia Dept of Housing
Community Development HOME Loan 600000Federal HOME Loan Bank of Atlanta Grant 200000Community Foundation Grants 37850
Total 9607850
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RESOLUTION AUTHORIZING THE CITY MANAGER AND CITY CLERK TOEXECUTE A PROPOSED AGREEMENT AND DEED OF GIFT CONVEYINGCERTAIN REAL PROPERTY CONTAINING APPROXIMATELY6358ACRES MORE OR LESS LOCATED IN THE WASHINGTON BOROUGH OFTHE CITY OF CHESAPEAKE VIRGINIA TO CYPRESS LANDINGLLCAVIRGINIA LIMITED LIABILITY COMPANY THE SOLE MEMBER OF WHICHIS THE SOUTHEASTERN VIRGINIA HOUSING CORPORATION A NON PROFITCOMMUNITY HOUSING DEVELOPMENT CORPORATION TO DEVELOPAFFORDABLE HOUSING IN THE CITY OF CHESAPEAKE TO SERVE DISABLEDANDOR HOMELESS VETERANS
BE IT RESOLVED by the Council of the City of Chesapeake Virginia that the City
Manager and City Clerk are hereby authorized to execute a proposed agreement and deed of
gift in substantially the same form as the attached Exhibits A and B respectively to
Cypress LandingLLCa Virginia limited liability company the sole member of which is
the Southeastern Virginia Housing Corporation a non profit Community Housing
Development Corporation to develop affordable housing in the City of Chesapeake to serve
disabled andor homeless veterans The subject property Property is located in the
Washington Borough of the City of Chesapeake Virginia and identified as PARCEL A
a portion of Tax Parcel 0360000001931 on that certain proposed plat entitled
PRELIMINARY RESUBDIVISION OF PORTIONS OF LOTS 4 5 6 DIVISION OF CC
UPTON FARM NEAR OAK GROVE FOR VETERANS SUPPORT CENTER
WASHINGTON BOROUGH CHESAPEAKE VIRGINIA MARCH 24 2015 made by
Michael J Ortolano City Surveyor the Plat to be recorded simultaneously with the
aforementioned deed of gift in the Chesapeake Circuit Court ClerksOffice A draft copy
of the Plat is attached as Exhibit C The Property contains approximately 6358 acres
more or less The City has determined that the Property is surplus and not needed for CityCity Attorneys OfficeCity of Chesapeake purposesMunicipal Center306 Cedar RoadChesapeake Virginia23322757 3826586Fax 757 3828749
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ADOPTED by the Council of the City of Chesapeake Virginia this 26th day of
May 2015
APPROVED
Mayor
ATTEST
Clerk of the Council
City Attorneys OfficeCity of ChesapeakeMunicipal Center306 Cedar RoadChesapeake Virginia23322757 3826586 2Fax 757 3828749
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LAND DISPOSITION AND DEVELOPMENT CONTRACTBETWEEN THE CITY OF CHESAPEAKE
AND CYPRESS LANDINGLLC
THIS LAND DISPOSITION AND DEVELOPMENT CONTRACT Contract
made this day of 2015 by and between the CITY OF CHESAPEAKE
VIRGINIA hereinafter City a Virginia municipal corporation and CYPRESS
LANDINGLLC Cypress Landing a Virginia limited liability company
WHEREAS the City owns a certain parcel of land located on Medical Parkway
in the Washington Borough of the City of Chesapeake Virginia known as a portion of
Tax Parcel 0360000001931 containing approximately6358 acres more or less shown
as PARCEL A on the plat entitled PRELIMINARY RESUBDIVISION OF
PORTIONS OF LOTS 4 5 6 DIVISION OF CC UPTON FARM NEAR OAK
GROVE FOR VETERANS SUPPORT CENTER WASHINGTON BOROUGH
CHESAPEAKE VIRGINIA MARCH 24 2015 made by Michael J Ortolano City
Surveyor a copy of which is attached hereto as Exhibit A which land the City has
determined to be surplus and not needed for City purposes the Property The
Property is further described as follows towit
ALL THAT certain portion piece or parcel of land situatedin the Washington Borough of the City of Chesapeake Virginiacontaining approximately 6358 acres more or less shown asPARCEL A on a certain plat entitled PRELIMINARYRESUBDIVISION OF PORTIONS OF LOTS 4 5 6 DIVISIONOF CC UPTON FARM NEAR OAK GROVE FOR VETERANSSUPPORT CENTER WASHINGTON BOROUGH CHESAPEAKEVIRGINIA dated March 24 2015 made by Michael J OrtolanoCity Surveyor
EXHIBIT
1 A
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IT BEING a portion of the same property conveyed to the City ofChesapeake Virginia by deed dated May 14 1997 from Thomas RConnolly and Shirley Connolly husband and wife and duly recordedin the ClerksOffice of the Circuit Court of the City of ChesapeakeVirginia in Deed Book 3506 at page 663
IT ALSO BEING a portion of the same property conveyed to the Cityof Chesapeake Virginia by deed dated May 14 1997 from Thomas RConnolly and Shirley A Connolly husband and wife duly recorded inthe aforementioned ClerksOffice in Deed Book 3506 at page 659
IT ALSO BEING a portion of the same property conveyed to the Cityof Chesapeake Virginia by deed dated April 28 1997 from Ruth PWhealton duly recorded in the aforementioned ClerksOffice in DeedBook 3498 at page 58
IT ALSO BEING a portion of the same property conveyed to the Cityof Chesapeake Virginia by deed dated May 14 1997 from William JConnolly and Josey A Connolly husband and wife and Thomas RConnolly and Shirley A Connolly husband and wife duly recorded inthe aforementioned ClerksOffice in Deed Book 3506 at page 654 and
WHEREAS Cypress Landing proposes to develop affordable housing in the City
of Chesapeake for disabled andor homeless veterans the Project through a
partnership with the City The Project is described as follows
Cypress Landing proposes to construct a 50 unit 4story elevator building with 44
one bedroom units and 6 two bedroom units The building will be constructed
with high quality materials and be EarthCraft certified The Project site will be
near public transportation and will have a bike shelter Half of the units will be
fully accessible all units will contain a fullsize washer and dryer There will be
onsite property management support services and maintenance staff The
building will have a multi purpose community room an exercise room an office
for property management staff and a maintenance storage area These housing
units will serve disabled andor homeless lowincome veterans at or below 50
2
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half of the units or below 40 half of the units of the area median family
income and will utilize projectbased Section 8 vouchers Residents will pay no
more than 30 of their monthly income for rent and utilities The total estimated
cost to develop the Project is961000000which cost includes land acquisitionsite development and construction costs and all other projectrelated costs An
estimated Development Budget is attached hereto as Exhibit B The Project
will be designed to meet City of Chesapeake design standards Cypress Landing
will be responsible for acquiring the land constructing the units and for the
ongoing management and maintenance of the property Cypress Landing will
also be responsible for obtaining both a construction loan and all permanent funds
for the Project and
WHEREAS Cypress Landing has requested the City to donate the Property to
Cypress Landing to be used in the Project
NOW THEREFORE THIS AGREEMENT WITNESSETH
1 The City agrees to convey the above described Property containing
approximately 6358 acres more or less to Cypress Landing by Deed of Gift the Deed
of Gift The City agrees to tender the Deed of Gift to Cypress Landing within ten 10
business days following written request from Cypress Landing Cypress Landing will
submit such written request within ten 10 business days of receiving confirmation of an
award of tax credits for the Project which confirmation is anticipated to be received on or
before July 31 2016 but not anticipated to be received later than October 1 2016
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2 Cypress Landing agrees to accept conveyance of the Property expressly
subject to the obligations and conditions contained in the Deed of Gift A copy of theproposed Deed of Gift is attached hereto as Exhibit C
3 Cypress Landing agrees to submit an application to the City seeking to
rezone the Property from R15s Residential District to RMF1 MultiFamily Residential
District Cypress Landing further agrees to submit if necessaryeg exception to
permitted building height etc an application to the City seeking a conditional use
permit CUP for the Property The City agrees to execute the necessary power of
attorney appointing Cypress Landing as its agent for purposes of applying for the
rezoning of the Property and if needed for the Project a CUP Cypress Landing shall be
responsible for all fees and costs associated with the rezoning and conditional use permit
applications Cypress Landing shall also be solely responsible for compliance with any
proffers or conditions attached to the rezoning andor CUP
4 Cypress Landing agrees it shall use the Property for the Project and for no
other use without the prior written approval of the City Manager
5 Cypress Landing agrees to be responsible to construct the above described
Project and for the ongoing management operation and maintenance of the Property atits sole expense Cypress Landing agrees that it will timely seek all necessary approvals
for the design and construction of the Project and that Cypress Landing will design andconstruct the Project in accordance with City of Chesapeake design standards and all
applicable law
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6 Cypress Landing agrees to be responsible for obtaining both a
construction loan and all permanent funds for the Project7 Cypress Landing agrees to commence construction in good faith of the
Project or of other improvements together Improvements approved by the City on
the Property within twentyfour 24 months of the date from which the Property is
conveyed by the City to Cypress Landing As used in this Contract the phrase
commence construction in good faith shall mean satisfaction of the following
requirements
a all necessary permits for the construction of the Improvements
shall have been acquired by Cypress Landing at its sole cost and expense shall be in full
force and effect and evidence thereof shall have been provided to the City and
b notice has been given in good faith to the general contractor to
commence construction of the Improvements under the construction contract
8 The parties acknowledge that grants awarded under the federal HOME and
CDBG programs involve a competitive application process The City agrees upon
proper review and recommendation to provide federal HOME andor CDBG funds for
the development costs of the Project the amount of which will be subject to approval ofand appropriation by the Chesapeake City Council Any development costs not covered
by such federal funds shall be the sole responsibility of Cypress Landing
9 The parties acknowledge and agree that all of the units must have project
based Section 8 assistance committed to ensure that there is adequate funding to pay the
5
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debt service for the units and operate and maintain them while keeping them affordable to
the very low income homeless andor disabled veterans
10 Cypress Landing agrees to use its best efforts to secure projectbased
Section 8 vouchers One possible source of Section 8 is HUDVASH projectbased
vouchers which are specifically for homeless disabled veterans this application would
be required to be submitted by the Chesapeake Redevelopment and Housing Authority a
political subdivision of the Commonwealth of Virginia CRHA Cypress Landing
agrees that it will prepare the application in partnership with CRHA for submission
11 The City agrees to provide support services to the resident veterans onsite
through the Chesapeake Department of Human Services andor Chesapeake Integrated
Behavioral Health
12 All notices to the City and to Cypress Landing shall be hand delivered or
delivered by certified mail with return receipt required and given to the following
person and address
For the City For Cypress Landing
James E Baker City Manager Sharon Shoff Chief Housing OfficerCity of Chesapeake Virginia Beach CDC306 Cedar Road 6 Floor 2400 Potters RoadChesapeake Virginia 23322 Virginia Beach Virginia 23454
With copy to With copy to
Jan L Proctor City Attorney Johnson Kanady III EsquireCity of Chesapeake Kanady Quinn PC306 Cedar Road 6 Floor 9200 Forest Hill Avenue Ste CChesapeake Virginia 23322 Richmond Virginia 23235
13 Cypress Landing shall indemnify and hold harmless the City its officials
employees and agents from any loss cost or damage that may arise out of or in
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connection with the performance of this Contract
14 This Contract was authorized by resolution adopted by the Chesapeake
City Council on 2015 and by resolution adopted by Cypress
LandingLLC on 2015
WITNESS the following signatures and seals
CITY OF CHESAPEAKE VIRGINIAa Virginia municipal corporation
ByJames E Baker City Manager
ATTEST
City Clerk
COMMONWEALTH OF VIRGINIA
CITY OF CHESAPEAKE towit
The foregoing instrument bearing date of 2015 was
acknowledged before me this day of 2015 by James E Baker
City Manager and attested by of the City ClerksOffice
of the City of Chesapeake Virginia They are personally known to me
Notary PublicRegistration No
My commission expires
7
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CYPRESS LANDINGLLCa Virginia limited liability companyBy Southeastern Virginia Housing Corporationa Virginia nonstock corporationits sole member
By
Name
Title
COMMONWEALTH OF VIRGINIA
CITY OF towit
The foregoing instrument bearing date of 2015 was
acknowledged before me this day of 2015 by
as of Southeastern Virginia Housing
Corporation a Virginia nonstock corporation Sole Member of Cypress LandingLLC
a Virginia limited liability company He She is personally known to me or has
presented as identification
Notary PublicRegistration No
My commission expires
8
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Approved as to form Approved as to form
Assistant City Attorney Counsel for Cypress LandingLLC
9
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EXHIBIT ASubdivision Plat
EXHIBIT B
Estimated Development Budget
EXHIBIT CPROPOSED DEED OF GIFT
10
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The City of Chesapeake is exempt from grantorsrecordation taxes pursuantto Section 581811C4and 581811Dof the 1950 Code of Virginia asamended
This deed was prepared by and return to City Attorney of the City ofChesapeake Virginia 306 Cedar Road Chesapeake Virginia 23322Clerk of Court Box 152
Portion of Tax Parcel No 0360000001931 DEED OF GIFTTax Exempt 581811D
THIS DEED OF GIFT Made this day of 20 by
and between the CITY OF CHESAPEAKE VIRGINIA a Virginia municipal
corporation City Grantor and CYPRESS LANDINGLLCa Virginia limited
liability company Cypress Landing Grantee whose address is 2400 Potters Road
Virginia Beach Virginia 23454
WITNESSETH That for and in consideration of the premises and mutual
covenants herein and without monetary consideration the City does hereby
give grant and convey unto Cypress Landing with Special Warranty the following
described property the Property towit
ALL THAT certain portion piece or parcel of land situated in theWashington Borough of the City of Chesapeake Virginiacontaining approximately 6358 acres more or less of land shownas PARCEL A on a certain plat entitled PRELIMINARYRESUBDIVISION OF PORTIONS OF LOTS 4 5 6 DIVISIONOF CC UPTON FARM NEAR OAK GROVE FOR VETERANSSUPPORT CENTER WASHINGTON BOROUGH CHESAPEAKEVIRGINIA dated March 24 2015 made by Michael J OrtolanoCity Surveyor attached hereto as Exhibit A and recordedsimultaneously herewith
IT BEING a portion of the same property conveyed to the City ofChesapeake Virginia by deed dated May 14 1997 from Thomas RConnolly and Shirley Connolly husband and wife and duly recorded
EXHIBIT
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in the ClerksOffice of the Circuit Court of the City of ChesapeakeVirginia in Deed Book 3506 at page 663
IT ALSO BEING a portion of the same property conveyed to the Cityof Chesapeake Virginia by deed dated May 14 1997 from Thomas RConnolly and Shirley A Connolly husband and wife and duly recordedin the aforementioned ClerksOffice in Deed Book 3506 at page 659
IT ALSO BEING a portion of the same property conveyed to the Cityof Chesapeake Virginia by deed dated April 28 1997 from Ruth PWhealton and duly recorded in the aforementioned ClerksOffice inDeed Book 3498 at page 58
IT ALSO BEING a portion of the same property conveyed to the Cityof Chesapeake Virginia by deed dated May 14 1997 from William JConnolly and Josey A Connolly husband and wife and Thomas RConnolly and Shirley A Connolly husband and wife and duly recordedin the aforementioned ClerksOffice in Deed Book 3506 at page 654
1 This conveyance is made subject to the conditions restrictions easements
and reservations of record if any affecting the aforesaid property and constituting
constructive notice
2 RESTRICTIVE COVENANTS
A This conveyance is made EXPRESSLY SUBJECT to the obligation of
Cypress Landing to develop the Property by constructing thereon a 50 unit 4story
elevator building with 44 one bedroom units and 6 two bedroom units EarthCraft
certified to be operated by Cypress Landing as permanent supportive housing for
disabled andor homeless veterans the Veterans Housing Cypress Landing
covenants that it will timely seek all necessary approvals for the design and construction
of the Veterans Housing and that it will design construct and operate such Veterans
Housing in accordance with all applicable federal state and local law
B Cypress Landing shall commence construction in good faith of the
Veterans Housing and any other improvements approved by the City the
2
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Improvements on the Property within twenty four 24 months from the date of
this conveyance As used in this deed the phrase commence construction in good
faith shall mean satisfaction of the following requirements
i all necessary permits for the construction of the Improvements
shall be in full force and effect and evidence thereof shall have been provided to the
City and
ii notice has been given in good faith to the general contractor to
commence construction of the Improvements under the construction contract
C Cypress Landing shall not use the Property for purposes other than Veterans
Housing or other use approved in writing by the City Manager of the City of Chesapeake
D The restrictive covenants contained herein shall not hereafter be altered in
any respect without the express written approval and consent of Cypress Landing and the
City Cypress Landing may apply to the City for vacation or modification of the
restrictive covenants however the restrictive covenants may only be amended or vacated
by a recorded document signed by the City and Cypress Landing
E The City and its authorized agents shall have the right to enter and go upon
the Property to inspect the Property and take actions necessary to verify compliance with
these restrictive covenants The restrictive covenants contained herein shall be enforceable
by any proceeding at law or in equity The failure by the City to enforce any covenant or
restriction contained herein shall in no event be deemed a waiver of the right to do so
hereunder
F Notwithstanding the foregoing the restrictive covenants contained herein
shall apply only to Cypress Landing and shall automatically terminate upon foreclosure
3
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This conveyance was authorized by resolution adopted by the Chesapeake
City Council on 20
WITNESS the following signatures and seals
CITY OF CHESAPEAKE VIRGINIAa Virginia municipal corporation
ByCity Manager
ATTEST
City Clerk
COMMONWEALTH OF VIRGINIACITY OF CHESAPEAKE towit
The foregoing instrument bearing date of 20 was
acknowledged before me this day of 20 by James E Baker
City Manager and attested by
of the Chesapeake City ClerksOffice They are personally known to me
Notary PublicRegistration No
My commission expires
4
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ACCEPTED
CYPRESS LANDINGLLCa Virginia limited liability companyBy Southeastern Virginia Housing Corporationa Virginia nonstock corporationits sole Member
ByNameTitle
COMMONWEALTH OF VIRGINIACITY OF towit
The foregoing instrument bearing date of 20 was
Acknowledged before me this day of 20 by
as of
Southeastern Virginia Housing Corporation a Virginia nonstock corporation Sole
Member of Cypress LandingLLC a Virginia limited liability company Grantee
HeShe is o personally known to me or o has presented
as identification
Notary Public
Registration No
My commission expires
Approved as to form Approved as to form
Assistant City Attorney Counsel for Cypress LandingLLC
5
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