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HomeMy WebLinkAbout10/13/2015 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 13, 2015 RESOLUTION 101315-1 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO THOMAS J. BIER, BATTALION CHIEF -OPERATIONS, UPON HIS RETIREMENT AFTER MORE THAN TWENTY-NINE (29) YEARS OF SERVICE WHEREAS, Thomas J. Bier was employed by Roanoke County on July 1, 1986, and has served as a Firefighter, Lieutenant, Fire Captain and Battalion Chief- Operations during his tenure with the Fire and Rescue Department; and WHEREAS, Chief Bier retired on October 1, 2015, after twenty-nine (29) years and three (3) months of devoted, faithful and expert service to Roanoke County; and WHEREAS, Chief Bier started his service to Roanoke County as a volunteer with the Bent Mountain Fire Department; and WHEREAS, Chief Bier, throughout his employmentwith Roanoke County, has been instrumental in improving the quality of life and providing services to the citizens of Roanoke County; and WHEREAS, Chief Bier has been one of the strongest advocates for improving firefighter safety in the Department; and WHEREAS, Chief Bier has implemented many safety programs and is a recognized leader in this area of the Fire -Rescue Service; and WHEREAS, Chief Bier immersed himself in the latest computer software from GIS mapping to disaster modeling software to ensure the Department was always keeping focused on the ever changing technology enhancements for the Fire -Rescue Service ; and WHEREAS, Chief Bier through his mentoring of junior officers have ensured that the Department is well prepared for the future; and Page 1 of 2 WHEREAS, NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to THOMAS J. BIER for more than twenty-nine (29) years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. On motion of Supervisor Peters to adopt the resolution, and carried by the following roll call and recorded vote: AYES: Supervisors Bedrosian, Church, McNamara, Peters NAYS: None o . r Deborah C. Jacks Chief Deputy Clerk the Board of Supervisors ACTION NO. A-101315-2 ITEM NO. E-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: October 13, 2015 Request to approve appointment of Building Commissioner Tarek Moneir Deputy Director of Development Services Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Robert "Morgan" Yates who is currently serving as Acting Building Commissioner for Roanoke County has now attained all necessary certificates (see attached) as Certified Building Official (CBO) as provided by International Code Council (ICC) and in accordance with the Virginia Department of Housing and Community Development (DHCD). The Virginia Uniform Statewide Building Code requires that every local building safety division have a building official and that the building official must be appointed by the local governing body. The Virginia Construction Code (Part 1) requires all acting or permanently appointed officials to certify within twelve (12) months of appointment. RECOMMENDATION: Staff recommends the appointment of Robert "Morgan" Yates as Building Commissioner for Roanoke County effective October 14, 2015. Page 1 of 2 VOTE: Supervisor Peters moved to approve the request to appoint Mr. Yates. Motion approved. cc: Tarek Moneir, Deputy Director of Development Page 2 of 2 Yes No Absent Ms. Moore ❑ ❑ Mr. Bedrosian ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. McNamara ® ❑ ❑ Mr. Peters ® ❑ ❑ cc: Tarek Moneir, Deputy Director of Development Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 13, 2015 ORDINANCE 101315-3 AUTHORIZING THE LEASE OF SPACE IN THE VINTON LIBRARY TO NATURES COOL COFFEE d/b/a LAND OF A THOUSAND HILLS COFFEE COMPANY FOR THE OPEATION OF A COFFEE SHOP WHEREAS, the new Vinton Library is currently being constructed and will include a coffee shop area in the community section of the building consisting of a cafe preparation area, counter area, seating area as well as a drive through window; and WHEREAS, the County has negotiated a lease agreement with Natures Cool Coffee d/b/a Land of a Thousand Hills Coffee Company for the operation of the coffee shop for the initial five (5) year period beginning November 16, 2015, through November 16, 2020, with the option to extend the lease for two (2) additional three (3) year terms, upon the certain terms and conditions, and that the rent for the leased premises will be abated for the first six (6) months of the lease and begin for the seventh (7) month and will be based on five (5) percent of the gross monthly sales; the rent schedule for any renewals are subject to change and mutual agreement; and BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows - 1 . ollows: 1. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading concerning the disposition of the herein -described real estate was held on September 22, 2015; the second reading and public hearing was held on October 13, 2015; and Page 1 of 2 III, liliIII11•:111 irearriew square feet located on the mezzanine of the Vinton Library, as shown on the attached 3. That it is in the County's best interests to lease this property to Nature's Cool Coffee d/b/a Land • a Thousand Hills Coffee Company for the operation • C coffee shop area in the Vinton Library. 4. That the County Administrator, or his designee, is authorized to execute FA.• a =— NXTAMOW M# - AYES: Supervisors Bedrosian, Church, McNamara, Peters Debd-rah C. JacksO cc: Richard L. Caywood, Assistant County Administrator Ruth Ellen Kuhnel, Senior Assistant County Attorney LEASE AGREEMENT BETWEEN THE COUNTY OF ROANOKE AND NATURE'S COOL COFFEE d/b/a LAND OF A THOUSAND HILLS COFFEE COMPANY LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this _th day of October 2015, by and between the COUNTY OF ROANOKE, VIRGINIA, a political subdivision of the Commonwealth of Virginia ("County"), and NATURE'S COOL COFFEE d/b/a LAND OF A THOUSAND HILLS COFFEE COMPANY ("Tenant"); and WHEREAS, the County owns certain property located at 300 Pollard Avenue, Vinton, Virginia 24179 commonly referred to as the Vinton Library; and WHEREAS, the County desires to lease space for a coffee shop, to serve its citizens and the public at large, located within the Library and has negotiated a lease with the Tenant. NOW THEREFORE, IN CONSIDERATION of the recitals and mutual covenants contained herein, the parties hereto agree as follows: 1. Leased Premises. The County hereby leases to Tenant, subject to and upon the terms and conditions hereinafter set forth, those certain premises on the 1St Floor of the Vinton Library consisting of two hundred and fifty-five (255) square feet for a coffee shop, in those rooms designated as 205(A) and 205(B), being for joint use shown on the attached drawing and/or sketch made a part of the Lease Agreement as "Exhibit A." 2. County's Warranties. County represents and warrants that County is the sole owner in fee simple of the Leased Premises and has full right and power to grant the estate demised and to execute and perform this Lease. Page 1 of 19 3. Term of Lease. Tenant shall have and hold the Leased Premises for a term of five (5) years with two additional three (3) year terms, which additional terms subject to mutual agreement. The original five year term shall begin on November 16, 2015, and expire on November 15, 2020. Tenant shall have the right to renew for the additional terms by providing written notice to the County no later than ninety (90) days before the expiration of the initial term, or the first of the two additional terms. The County and Tenant shall then agree to mutually acceptable terms before sixty (60) days of the current expiration date with a resulting negotiated Agreement of Terms. If no acceptable Agreement of Terms is reached between the parties, then the expiration date is final. 4. County's and Tenant's Representations. (A) County shall provide the space identified in Exhibit A constructed for Tenant's purposes. The extent of the construction shall be outlined in "Exhibit B." "Exhibit B" shall be an "as built" drawing/sketch showing the specific condition at which the space shall be turned over to the Tenant for lease. "Exhibit C" shall be a list of equipment which shall be purchased by County but provided for exclusive use, maintenance, repair, and upkeep by Tenant. If equipment necessitates replacement during the life of the Lease, then County may require Tenant to contribute to up to half of the replacement cost. The items in "Exhibit C" shall remain with the County upon the final expiration of a term. (B) Tenant shall be responsible for obtaining any and all necessary permits to operate the coffee shop. These permits shall include any permits required Page 2 of 19 by the health department or other related permits to operating a food service business. (C) County hereby agrees to make all structural repairs to the Leased Premises as necessary. Structural repairs are defined as repairs which include but are not limited to repairs to the roof, electrical wiring, heating and air conditioning systems, water, water pipes, toilet, gas, plumbing, other electrical fixtures and the exterior and interior walls. The County further agrees to maintain at its expense all exterior areas including parking areas, driveways, pavement and sidewalks, including the provision of exterior lighting, grass cutting and trimming and timely snow and ice removal. (D) Tenant, at its sole cost and expense, notwithstanding County's obligation for structural repairs, shall keep and maintain the Leased Premises in good repair, condition and appearance during the term of this Lease, ordinary wear and tear excepted, and not operate any part of the Leased Premises in a negligent manner. Tenant acknowledges and agrees to make any and all non-structural repairs to the Leased Premises and its personal property at its sole expense; provided that Tenant shall make all non-structural changes of every kind or nature which may be required to be made for any reason in connection with Tenant's use of the Leased Premises, only after Tenant received written approval by County if such changes might cause a disruption to the library setting. Page 3 of 19 (E) Tenant shall not make any material alterations of, additions to or changes in the Leased Premises or equipment without the prior written approval of County, which approval shall not be unreasonably withheld. (F) County shall furnish electricity, plumbing, water, sewer, fire suppression, heating, and air conditioning services for the Leased Premises as those services are supplied to areas of the building. The County represents that such services shall comply with all applicable laws and regulations. Tenant hereby agrees to provide its own janitorial services and those services required to maintain its own personal property, at its sole expense. However, unless due to the negligence of the County, its agents, representatives or employees, Tenant agrees that County shall not be liable to Tenant for any damage to Tenant or Tenant's business resulting in whole or in part from any lack of utilities. The County will provide one yard dumpster and it is expected that it will be either emptied or replaced one time each week. In the event Tenant's usage requires additional dumpster services, Tenant will pay its pro -rata share of the additional charges caused by its portion of its additional usage. Tenant shall promptly notify the County in writing of any repairs it believes need to be made to the Leased Premises, and the County shall make repairs to the Leased Premises as it deems necessary. (G) Tenant shall be solely responsible for and pay all telephone, data, other communications lines and wireless communications equipment and services which may be desired by Tenant. Specific plans for the installation Page 4 of 19 or repair of any wireless service, computer service and telephone service, including wiring, which might affect the Vinton Library's structure, electrical wiring or systems, or computer or wireless systems, must be approved by the County prior to said installation or repair. Such installations and any subsequent repairs shall be at Tenant's sole cost and expense. (H)Tenant agrees that all signage shall be approved by County at County's sole and exclusive discretion. All permanent alterations, changes and improvements to the structure made by County shall become the property of the County. Nothing contained in this paragraph shall be construed as requiring County to make any repairs or replacements, including to equipment, except structural repairs, as specified above. (1) Tenant agrees to conduct itself, at all times, in a first-class, professional, and businesslike manner, with integrity consistent with reputable business standards and practices, to provide prompt, efficient, and courteous services to customers of the Leased Premises, and to ensure that the behavior of its employees is consistent with promoting a high reputation and positive image of the County of Roanoke. (J) Tenant agrees to operate and maintain the Leased Premises in a clean and sanitary manner at all times. (K) County agrees that Tenant will be allowed to change the locks to Leased Premises, provided that Tenant shall provide County a set of keys to the Leased Premises. Tenant further agrees to inform County in each instance when there is a turnover in management, and to provide a current list of the Page 5 of 19 names and addresses of management personnel in each instance of turnover. Prior to beginning work at the Leased Premises, a criminal history search will be conducted for all Tenants' employees, either performed by the County or Tenant but paid for by Tenant. If the County believes an employee of Tenant demonstrates inappropriate behavior at the Leased Premises, the County may request of Tenant that the employee no longer work at the Leased Premises, and such request will not be unreasonably denied. (L) Tenant agrees to operate its business during regular library hours and/or by mutual agreement, as needed for hours of special events at the library. Tenant and County acknowledge that the mutual agreement may contain hours earlier than the library hours. Tenant may not close its business any day of the year except those days the building is not open, without approval from the County Library Director which approval shall not be unreasonably ►nl[iilMrol (M) Tenant may provide catering to any event in the library. Tenant may provide the County Library with catering information to be relayed to persons using the library facilities. 5. Rent. ***Rent shall be abated for the first six (6) months of the initial term, which does not include additional terms.*** Tenant shall pay rent to the County for the use of the Leased Premises based on gross monthly sales as follows: five percent (5%) of gross sales, calculated monthly. The gross sales shall include all catering done on Library property, as well as the sales of the coffee Page 6 of 19 shop. The rent schedule shall be for the initial term, only and shall be renegotiated by mutual agreement for the two additional terms. Payment for each month based upon sales of that month must be remitted, no later than the 15th of the following month. The rent check and monthly gross sales data should be remitted to the attention and address in the Notices section of this Lease Agreement and made out to the Roanoke County Treasurer. No bills will be sent to Tenant. In the event the check is not received by the 25th of the month, a five percent (5%) late payment fee will be added to the amount of the rent due that month. 6. Security Deposit. The Tenant shall pay to County one thousand dollars ($1,000) as a Deposit. Unless offset for charges due under this Lease Agreement by the agreement of the parties, the security deposit will be returned to Mill Mountain within fourteen (14) business days following the termination of the Lease Agreement. 7. Use of Premises. (a)Tenant hereby agrees that the Leased Premises will be used by its employees and the general public for the purpose of providing meals, beverages, snacks and branded merchandise. The Leased Premises shall not be put to any other use without the prior written consent of the County. (b)Tenant and the County agree that, except for Vinton County Library information and information from Tenant relating to its business, no notices or advertising of any type, such as might be portrayed on posters, handbills, flyers and business cards, is permitted to be posted, affixed or displayed in and around the Leased Premises. Tenant and the County agree that except for Page 7 of 19 personal players used by the public with headphones or earbuds and heard only by the user, no music is permitted on and around the Leased Premises. (c) CAFE and PATIO SPACE: Tenant and Tenant's customers have the non- exclusive use of the Cafe area and the Patio area (as shown on "Exhibit A") Any litter or other associated evidence of use by the Tenant or its customers is the responsibility of the Tenant to control and remove. Tenant has an affirmative and continuous duty to clean such usage throughout the day. Any dispute regarding this usage should be brought to Landlord's attention immediately for resolution. 8. Inspection. Tenant shall permit County or its authorized agents to enter the Leased Premises for the purpose of inspection at any reasonable time or times and upon reasonable notice during the term of this Lease provided, however, that such inspections shall not unreasonably interfere with Tenant's use and occupancy of the Leased Premises. 9. Indemnification. Unless due in party by an act or omission of the County, its officers, employees, agents, volunteers or representatives, or patrons of the Vinton Library, Tenant agrees and binds itself and its successors and assigns to indemnify, keep and hold the County and its officers, employees, agents, volunteers and representatives free and harmless from any liability on account of any injury or damage of any typed to any person or property growing out of or directly or indirectly resulting from any negligent or intentional act or omission of Tenant including: (a) Tenant's use of the Leased Premises; (b) the exercise of any right or privilege granted by or under this Lease Agreement; or (c) the Page 8 of 19 failure, refusal or neglect of Tenant to perform any duty imposed upon or assumed by Tenant by or under this Lease Agreement or by applicable law. In the event that any suit or proceeding shall be brought against the County or any of its officers, employees, agents, volunteers or representatives at law or in equity, either independently or jointly with Tenant on account of such indemnification, Tenant, upon notice giving to it by the County or any of its officers, employees, agents, volunteers or representatives, will pay all costs of defending the County or any of its officers, employees, agents, volunteers or representatives in any such action or other proceeding. In the event of any final judgment being awarded against the County or any or its officers, employees, agents, volunteers or representatives, either independently or jointly with Tenant, then Tenant will pay such judgment in full or will comply with such decree, pay all costs and expenses of whatsoever nature and hold the County or any of its officers, employees, agents, volunteers or representatives harmless there from. 10. Insurance. Tenant shall, at its sole expense, obtain and maintain during the life of this Lease Agreement, the insurance policies required by this Section. Any required insurance policies shall be effective prior to the beginning date of this Lease Agreement. The following policies and overages are required: (a) Commercial General Liability. Commercial General Liability Insurance, written on an occurrence basis, including products/completed operations overage and fire damage legal liability coverage, shall insure against all claims, loss, cost, damage, expense Page 9 of 19 or liability from loss of life or damage or injury to persons or property arising out of the Tenant's actions under this Lease Agreement. The minimum limits of liability for this coverage shall be $1,000,000 combined single limit for any one occurrence. Contractual Liability. Broad form Contractual Liability insurance shall include the indemnification obligation set forth in Section 9 of this Lease Agreement. (c) Tenant's Insurance. Tenant shall, at its sole cost and expense, obtain and maintain during the life of this Lease Agreement a property insurance policy written on an "all risk" basis insuring all of tenant's personal property, including, but not limited to, equipment, furniture, fixtures, furnishings, and leasehold improvements which are Tenant's responsibility, for not less than full replacement cost of such property. All proceeds of such insurance shall be used to repair or replace Tenant's property. Workers' Compensation. Workers' Compensation insurance covering Tenant's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance shall be maintained for all its employees engaged in work on the Leased Premises. Minimum limits of liability for Employer's Liability shall be $100,000 bodily injury by disease (policy limit); and $100,000 bodily injury by disease (each employee). With respect to Workers' Compensation coverage, the Tenant's Page 10 of 19 insurance company shall waive rights of subrogation against the County, its officers, employees, agents, volunteers and representatives. The insurance overages and amounts set forth in subsections (a), (b), (c) and (d) of this Section may be met by an umbrella liability policy following the form of the underlying primary coverage. Should an umbrella liability insurance coverage policy be used, such overage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the overages required by subsection (a), (b), (c) and (d), and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by Tenant to the County. All insurance shall meet the following requirements: (a) Tenant shall furnish the County a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. Certificates of insurance shall include any insurance deductibles. (b) The required certificate or certificates of insurance shall include substantially the following statement: "The insurance covered by this certificate shall not be canceled or materially altered, except after thirty (30) days written notice has been received by the Risk Management Officer for the County of Roanoke." Page 11 of 19 (c) The required certificate or certificates of insurance shall name the County of Roanoke, its officers, employees, agents, volunteers and representatives as additional insureds. (d) Where waiver of subrogation is required with respect to any policy of insurance required under this Section, such waiver shall be specified on the certificate of insurance. (e) Insurance coverage shall be in a form and with an insurance company approved by the County which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Lease Agreement shall be authorized to do business in the Commonwealth of Virginia. 11. Destruction of Premises. (A) Tenant shall be responsible for insuring all Personal property, equipment, and trade fixtures, and Tenant shall hold County harmless for said items, if destroyed or damage by fire or otherwise. (B) If the Leased Premises are damaged or destroyed in whole or in part by fire or other casualty and the same can be repaired or restored within one hundred twenty (120) days from the date of the damage, County shall repair the Leased Premises within the said period and no rent shall be due until repaired and certified for occupancy. (C) In the event the Leased Premises are damaged and destroyed and cannot be repaired or restored within one hundred twenty (120) days from the date of the damage, either County or Tenant may terminate this Lease by giving written notice to the other within thirty (30) days after the damage occurs, in which Page 12 of 19 event this Lease shall terminate, and rent shall abate in total from the date of such damage or destruction. If neither party elects to terminate this Lease, County shall proceed with due diligence to repair and restore the Leased Premises and the rent shall abate in proportion to the extent Tenant is unable to conduct its business in a normal manner from the date of such damage or destruction. 12. Assignment. Tenant shall not assignor transfer this Lease in whole or in part, sublet or license the Leased Premises or any part thereof without the prior written consent of the County, which consent shall not be unreasonably withheld. Unless otherwise agreed to by the County, if consent to assign or sublease is given, no such assignment or sublease shall in any way release or relieve Tenant from any of its covenants or undertakings contained in this Lease, and Tenant shall remain liable on this Lease during the term thereof. 13. Default. It is understood and agreed by and between the County and the Tenant that in the event of breach by County or Tenant of any of the covenants and agreements herein contained, the aggrieved [arty may serve a written thirty (30) day notice of default, specifying such default, on the breaching party. If such default is not remedied within said thirty (30) days, this Lease Agreement shall automatically end and expire; provided, however, if the default involves the failure of County to perform its maintenance obligations under Paragraph 4 and the failure impairs Tenants business operations, County shall have a reasonable period of time to cure not to exceed forty-five (45) days. In the event rent is not paid according to the terms of this lease, County reserves the Page 13 of 19 right to have this tenancy expire at its option, unless County gives Tenant additional time to pay the rent. In the event County terminates this lease, County shall have the right to immediately reenter and take back the Leased Premises without resort to any legal proceedings. 14. Taxes and Assessments. Tenant agrees that it will be responsible for the payment of any leasehold taxes or other legal taxes, charges or assessments imposed by virtue of its occupancy of the Leased Premises. Tenant agrees to pay all applicable local taxes, including but not limited to meals tax, sales tax, business license tax, and business personal property taxes. 15. Compliance with Laws and Food Safety Practices. Tenant agrees to conform to and not to violate the U.S. Food and Drug Administration (FDA) Food Code, the Americans with Disabilities Act (ADA), in addition to all other applicable laws, ordinances, rules, regulations, and requirements of federal, state, county, municipal, or other governmental authorities and the various departments thereof now existing or hereinafter created affecting Tenant's use and occupancy of the Leased Premises. Tenant specifically agrees to comply with all laws relevant to food safety practices that are standard in the restaurant industry and to adhere to proper food preparation, storage, and disposal practices. Tenant shall regularly inspect its inventory and promptly dispose of and not sell or use any products that have expired or whose sell by date has passed. In the event that Tenant breaches this duty, or such breach is not cured within twenty-four hours after Tenant receives notice of such breach, or if Tenant receives more than five (5) Page 14 of 19 violations from the Virginia Department of Health within six months County reserves the right to terminate this lease agreement without incurring any liability to Tenant. 16. Tenant's Obligation to Quit Premises. Tenant shall, upon the expiration or termination of this Lease, peaceably quit and deliver to County possession of the Leased Premises in the same condition as the date of commencement, normal wear and tear and damage caused by fire, or natural disaster excepted, and shall promptly clean up and remove all its personal property and non -fixture items on the Leased Premises. 17. Fixtures. (A) All fixtures, equipment, improvements, and appurtenances permanently vacated to or built into the Leased Premises, whether or not by or at the expense of Tenant, and any personal property of the County or installed by the County in the Leased Premises shall be and remain a part of the Leased Premises and shall be deemed property of the County and shall not be removed by Tenant. (B) All moveable partitions, furnishings, furniture, machinery and equipment, communications equipment, and other personal property located in the Leased Premises and acquired by or for the account of Tenant without expenses to County may be removed by Tenant at any time during the term hereof, provided that Tenant shall repair any damage to the Leased Premises resulting from such removal to the reasonable satisfaction of the County. 18. Peaceful Enjoyment. County covenants and agrees that it and so long as Tenant shall pay the rent called for under this Lease as the same shall become Page 15 of 19 due and shall keep all the covenants and agreements required by it to be kept during the Lease and shall perform all its other obligations hereunder, Tenant shall have the peaceful and quiet occupation and enjoyment of the Leased Premises. 19. Notices. Notices given under the terms of this Lease shall be deemed property served if such notice is mailed by Certified United States Mail, Return Receipt Requested; if to County addressed to the Purchasing Manager, County of Roanoke, P.O. Box 29800, Roanoke, Virginia 24018 and if to Tenant addressed to 90 Towncenter Street, Suite 106; Daleville, VA 24085. Notice mailed in accordance with the provisions hereto shall be deemed to have been given as of the date of receipt or the third business day following the date of such mailing, whichever date is earlier. 20. Covenants and Conditions. Each provision of this Lease shall be deemed to be both a covenant and a condition running with the land unless otherwise provided. 21. Conveyances. If County sells, conveys or passes title to the Leased Premises, the Tenant shall be bound by the terms and conditions herein to the new owner of the Leased Premises and the new owner shall take title subject to this leasehold interest. In the event of any such sale or conveyance, Tenant shall have the right to terminate this Lease as of the closing date or at any time within thirty calendar days following such sale or conveyance. 22. Severability. If any clause or provision of this Lease is or becomes illegal or unenforceable because of present or future laws or rules or regulations of any Page 16 of 19 governmental body or entity, effective during the term of this Lease, the intention of the parties hereto is that the remaining parts of this Lease shall not be affected thereby unless such clause or provision is, in the reasonable determination of both Tenant and County, essential and marital to their respective rights, in which event either party shall have the right to terminate this Lease upon thirty (30) days written notice to the other party. 23. Non -waiver. Both parties agree that the other party's waiver or failure to enforce or require performance of any term or condition of the Lease Agreement or any waiver of any particular breach of the Lease Agreement extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of the Lease Agreement or a waiver of any breaches of that agreement and does not bar either party from requiring the other party to comply with all the terms and conditions of the Lease Agreement and does not bar the Assertion of any and all rights and remedies under the Lease Agreement or by law. 24. Successors and Assigns. This Lease Agreement shall be binding upon the parties and their successors and assigns. 25. Governing Law. This Lease Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. 26. No Broker. The parties covenant that this Lease Agreement was directly negotiated between them and no broker was involved in bringing about this Agreement. No claim of a broker's fee shall be made against either party. Page 17 of 19 27. Completeness of Agreement. This document, together with Exhibit A, B. and C, constitutes the entire agreement between the parties and supersedes any prior understanding or written or oral agreements between the parties respecting the within subject matter. No changes or modifications of any of the covenants, terms or conditions hereof shall be valid unless in writing and signed by authorized officers of the parties hereto. IN WITNESS WHEREOF, the parties hereto have affixed their signatures the day and year first above written. Page 18 of 19 ATTEST: Chief Deputy Clerk ATTEST: ATTEST: Approved as to Form: COUNTY OF ROANOKE, VIRGINIA LIM Thomas C. Gates County Administrator Gregory Felts President and Co -Owner Nature's Cool Coffee, Inc. d/b/a Land of a Thousand Hills Coffee Company Tenant :S Page 19 of 19 Penny P. Felts Co-owner/officer Nature's Cool Coffee, Inc. d/b/a Land of a Thousand Hills Coffee Company AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 13, 2015 ORDINANCE 101315-4 TO APPROVE THE PURCHASE OF FIVE POINT TWO FIVE (5.25) ACRES OF REAL ESTATE (TAX MAP NO. 080.00-05-19.00-0000) FOR PUBLIC USE AS A RECREATIONAL AMENITY, VINTON MAGISTERIAL DISTRICT WHEREAS, Timothy and Sean Martin (the "Owners") are the owners of a five point two five (5.25) acre parcel located at the corner of Rutrough Road and Chestnut Ridge Road in the Vinton Magisterial District; and WHEREAS, the Board of Supervisors of Roanoke County has determined that it is in the public interest to acquire this property for public use as a recreational amenity; and WHEREAS, the Board of Supervisors and the Owners negotiated a contract with a contract price of $154,900, with funds from the Parks, Recreation and Tourism Reserve account; and WHEREAS, the contract provided the County with a three (3) month due diligence period for examination of title, environmental and survey, which have now been completed to the satisfaction of the County ; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance to be held on September 22, 2015; and the second reading and public hearing to be held on October 13, 2015. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1 of 3 1. That the acquisition of the five point two five (5.25) acre parcel of real estate located on the Vinton Magisterial District (Tax Map No. 080.00-05-19.00- 0000) is hereby authorized and approved at the purchase price of $ 154,900. 2. That the expenditure of funds for Phase I environmental assessment, boundary survey, title examination, title insurance and recordation expenses totaling $5,000 is hereby authorized and approved. 3. That funds are available in the adopted budgets of the Parks, Recreation and Tourism Reserve Account to pay the costs of this acquisition. 4. That the County Administrator or Assistant County Administrator are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. On motion of Supervisor Peters to adopt the ordinance, and carried by the following roll call and recorded vote: AYES: Supervisors Church, McNamara, Peters NAYS: Supervisor Bedrosian ABSENT: Supervisor Moore A COPY TESTE: De6bTah C. Jacks cc: Doug Blount, Director of Parks, Recreation and Tourism Rebecca Owens, Director of Finance AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 13, 2015 RESOLUTION 101315-5.a EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO BILLY T. SMITH, POLICE OFFICER, UPON HIS RETIREMENT AFTER MORE THAN FIFTEEN (15) YEARS OF SERVICE WHEREAS, Billy T. Smith was employed by Roanoke County on August 12, 2000, and has served as a Police Officer during his tenure with the Police Department; and WHEREAS, Mr. Smith retired on September 1, 2015, after fifteen (15) years and one (1) month of devoted, faithful and expert service to Roanoke County; and WHEREAS, Office Smith, throughout his employment with Roanoke County, has been instrumental in improving the quality of life and providing services to the citizens of Roanoke County; and WHEREAS, during Office Smith's time serving the citizens of Roanoke County, has maintained a high degree of proficiency in the area of traffic enforcement and traffic crash investigations. Every year he was a leader in the number of arrests for driving under the influence of alcohol or drugs in Roanoke County, thus making the roads a safer place for citizens to drive upon. For this he received many annual awards from the Mothers Against Drunk Driving organization. WHEREAS, NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to BILLY T. SMITH for more than fifteen (15) years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. Page 1 of 2 no lff;RWIT4ff=* OrTIR AYES: Supervisors Bedrosian, Church, McNamara, Peters 161 411000 K 0=1 - F—.l ag WOUNIONN In AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 13, 2015 RESOLUTION 101315-5.b EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO JEANNINE B. BLACKBURN, SELF-SUFFICIENCY SUPERVISOR, UPON HER RETIREMENT AFTER MORE THAN FOURTEEN (14) YEARS OF SERVICE WHEREAS, Jeannine B. Blackburn was employed by Roanoke County on July 9, 2001, and has served as an Employment Services Supervisor and Self-sufficiency Supervisor during her tenure with the Department of Social Services; and WHEREAS, Ms. Blackburn retired on October 1, 2015, afterfourteen (14) years and three (3) months of devoted, faithful and expert service to Roanoke County; and WHEREAS, Ms. Blackburn, throughout her employment with Roanoke County, has been instrumental in improving the quality of life and providing services to the citizens of Roanoke County; and WHEREAS, during Ms. Blackburn's time serving the citizens of Roanoke County, she supervised staff responsible for providing needs assessments, vocational evaluations, counseling services, and employment preparation forthe Virginia Initiative for Employment not Welfare program (VIEW). Ms. Blackburn regularly monitored casework, approved program sanctions and terminations, provided staff development and training while assisting with complex questions and special projects. WHEREAS, Ms. Blackburn demonstrated teamwork to meet the needs of our citizens; including accepting supervision of the Service Intake program where all initial customer contact is made to our office, documenting and communicating to appropriate staff the reports of both child and adult abuse and neglect; administering the Energy Page 1 of 3 Program, serving both the aging and at -risk community population in maintaining heat and air conditioning throughout the year. WHEREAS, Ms. Blackburn served on many committees in her time with Roanoke County, made presentations to promote the overall employment services program and wrote several grants that aided in the employability of many of our citizens. Ms. Blackburn faced many changes throughout the years, each met with determination and commitment. WHEREAS, Ms. Blackburn was an advocate for our citizens and customers, identifying and prioritizing their needs in an effort to target and assuage employment barriers such as childcare and lack of resources. She worked tirelessly during her tenure with Roanoke County ensuring staff provided in-depth support to their clients while building and maintaining relationships with valuable community resources in order to better serve our disadvantaged population. WHEREAS, NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to JEANNINE B. BLACKBURN for more than fourteen (14) years of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes fora happy and productive retirement. Page 2 of 3 SIMINF= lz�=Iill! � Deb6rah C. Jacks W-TOT-Wrolal a AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 13, 2015 RESOLUTION 101315-5 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for October 13, 2015, designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 6 inclusive, as follows: 1. Approval of minutes — August 31, 2015; September 8, 2015 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Billy T. Smith, Police Officer, upon his retirement after fifteen (15) years of service 3. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Jeannine Blackburn, Self Sufficiency Supervisor, Social Services, upon her retirement after more than fourteen (14) years of service 4. Resolution of appreciation of the Board of Supervisors of Roanoke County to Jerome M. Hoer, Business Ordinance Inspector, after more than thirty-one (31) years of service 5. Confirmation of designation of voting delegate to the Virginia Association of Counties (VACo) conference to be held November 6-10, 2015 6. Request to accept and appropriate grant funds in the amount of $112,500 from the Division of Motor Vehicles to the Roanoke County Police Department Page 1 of 2 no MENEM 6006777MMI A 0 =*- !i� 1410M flr*]MF.TM AMMER• � insm 71�0 �* �*• AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 13, 2015 RESOLUTION 101315-5.c EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO JEROME M. HOER, BUSINESS ORDINANCE INSPECTOR, UPON HIS RETIREMENT AFTER MORE THAN THIRTY-ONE (31) YEARS OF SERVICE WHEREAS, Jerome M. Hoer was hired on January 9, 1984, and has served as Tax Clerk I, Tax Clerk II and Business License Ordinance Inspector in the Commissionerof the Revenue's office during his career with Roanoke County; and WHEREAS, Mr. Hoer retired on September 30, 2015 after thirty one (31) years and nine (9) months of devoted, faithful and expert service with the County; and WHEREAS, during his time serving Roanoke County, Mr. Hoer provided on-site assistance in the Town of Vinton for the citizens of Roanoke County and Town of Vinton during the personal property renewal period. During his tenure, Mr. Hoer also served the public at the Department of Motor Vehicles (DMV) office and made many field visits to insure compliance; and WHEREAS, Mr. Hoer has assisted Roanoke County citizens with Personal Property Tax, Business Personal Property Tax and Business License Tax. Mr. Hoer mastered the IRMS AND EESMC DEPARTMENT OF TAXATION software and provided records of Daily Rental Tax, Sales Tax and Schedule C's for auditing purposes; and WHEREAS, on July 1, 2006, Mr. Hoer earned his Master Deputy Certification from the Weldon Cooper Center at UVA, which requires a successful passage of a tested, multi- year course of professional continuing education courses as well as minimum experience levels thereby, ensuring the highest quality of services to our constituencies/stakeholders and the development of strategic relationships to further our organizational goals. Mr. Hoer Page 1 of 2 111 1 M-MMMATOW Z e0 0 . . 0 rem ''Jill, � I IN JiT4 m1mmm 111ItIMMARTMI Wes ill I'll lllll,�p#il III; Jill ;1111 1 1 , 3 -IMENEIR mA- W-1601?3I mwlluwtw-� ACTION NO. A -101315-5.d ITEM NO. 1-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 13, 2015 AGENDA ITEM: Designation of voting delegate to the Virginia Association of Counties (VACo) conference to be held November 8-10, 2015 SUBMITTED BY: Deborah C. Jacks Chief Deputy Clerk to the Board APPROVED BY: Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Virginia Association of Counties (VACo) annual conference will be held November 8- 10, 2015. They have requested that each county designate a representative of its Board of Supervisors as well as an alternate to cast its votes at the annual business meeting on Tuesday, November 10, 2015. The voting credentials form must be submitted to VACo by November 9, 201. Supervisor Charlotte Moore will be attending the conference and it is recommended that she be appointed as Roanoke County's voting representative for 2015. Additionally, it is recommended that Vice -Chairman Joseph McNamara be appointed as the alternate. Confirmation has been placed on the consent agenda. Page 1 of 2 VOTE: Supervisor Church moved to approve the staff recommendation. Motion approved. cc: James M. Campbell, Executive Director Virginia Association of Counties 1207 East Main Street, Suite 300 Richmond, Virginia 23219-3627 Page 2 of 2 Yes No Absent Ms. Moore ❑ ❑ Mr. Bedrosian ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. McNamara ® ❑ ❑ Mr. Peters ® ❑ ❑ cc: James M. Campbell, Executive Director Virginia Association of Counties 1207 East Main Street, Suite 300 Richmond, Virginia 23219-3627 Page 2 of 2 ACTION NO. A -101315-5.e ITEM NO. 1-6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: October 13, 2015 Request to accept and allocate grant funds in the amount of $112,250 from Division of Motor Vehicles to the Roanoke County Police Department for three Highway Safety Program Grants Howard Hall Chief of Police Thomas C. Gates County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The following three grants, from the Department of Motor Vehicles, have been awarded to the Roanoke County Police Department. These grants will be used to support the Police Department's traffic safety activities by providing funds for enforcement, training, and related equipment. 1. Selective Enforcement — Alcohol Grant in the amount of $71,300 to reduce alcohol related fatalities and serious injuries from traffic crashes. 2. Selective Enforcement — Occupant Protection Grant in the amount of $11,700 to increase occupant protection usage. 3. Selective Enforcement — Speed Grant in the amount of $29,250 to provide for additional speed enforcement - $5,850 of which must be utilized on Interstates 81 and 581. These grants are for fiscal year 2016 (October 1, 2015 thru September 30, 2016). FISCAL IMPACT: The grant does not require matching funds from the County. Ordinance #052615-3 Page 1 of 2 appropriated grant funds for grants that are routine and usual in nature for the 2015-16 fiscal year. Funds in the amount of $112,250 will need to be allocated from the grant account to the DMV Grant accounts. ALTERNATIVES: 1. Accept and allocate grant funds in the amount of $112,250 from Division of Motor Vehicles to the Roanoke County Police Department for three Highway Safety Program Grants. 2. Do not accept the grants. STAFF RECOMMENDATION: Staff recommends alternative 1. VOTE: Supervisor Church moved to approve the staff recommendation. Motion approved. cc: Howard D. Hall, Chief of Police Rebecca Owens, Director of Finance Jimmy Lyon, Budget Director Page 2 of 2 Yes No Absent Ms. Moore ❑ ❑ FI Mr. Bedrosian ® ❑ ❑ Mr. Church ® ❑ ❑ Mr. McNamara ® ❑ ❑ Mr. Peters ® ❑ ❑ cc: Howard D. Hall, Chief of Police Rebecca Owens, Director of Finance Jimmy Lyon, Budget Director Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 13, 2015 RESOLUTION 101315-6 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. Page 1 of 2 SOMMOUTOT,