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HomeMy WebLinkAbout10/3/2023 - Regular1 Vinton Town Council Regular Meeting Council Chambers 311 South Pollard Street Tuesday, October 3, 2023 AGENDA Consideration of: A. 6:00 p.m. - ROLL CALL AND ESTABLISHMENT OF A QUORUM AND CITIZEN GUIDELINES B. MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE TO THE U.S. FLAG C. COMMUNITY EVENTS/ANNOUNCEMENTS/COUNCIL ACTIVITIES D. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS E. CONSENT AGENDA 1. Consider approval of the minutes of the Regular Meeting of September 19, 2023 F. AWARDS, INTRODUCTIONS, PRESENTATIONS, PROCLAMATIONS G. CITIZENS’ COMMENTS AND PETITIONS - This section is reserved for comments and questions for issues not listed on the agenda. H. BRIEFING 1. Vinton History Museum Lease – Chasity Barbour I. PUBLIC HEARING 1. Consideration of public comments concerning the proposed amendment to the Town of Vinton’s FY 2023-2024 budget to appropriate funding for several capital improvement projects, including Mountain View Road, parking lot construction, economic development incentives, and community blight abatement and acquisition in the total amount of $1,833,750.00 in the Capital Fund. a. Open Public Hearing • Report from Staff – Cody Sexton • Receive public comments • Council discussion and questions b. Close Public Hearing Michael W. Stovall, Vice Mayor Keith N. Liles, Council Member Sabrina M. McCarty, Council Member Laurie J. Mullins, Council Member Vinton Municipal Building 311 South Pollard Street Vinton, VA 24179 (540) 983-0607 2 c. Consider of adoption of a resolution amending the Town of Vinton’s FY 2023- 2024 budget to appropriate funding for several capital improvement projects, including Mountain View Road, parking lot construction, economic development incentives, and community blight abatement and acquisition in the total amount of $1,833,750.00 in the Capital Fund. 2. Consideration of public comments concerning the proposed granting of a Real Estate Property Lease to ANBAJA Enterprises, Inc. (Twin Creeks Brewing Company) for a portion of a 10” wide public alley located to the rear of 109 and 111 South Pollard Street. a. Open Public Hearing • Report from Staff – Cody Sexton • Receive public comments • Council discussion and questions b. Close Public Hearing c. Consider of adoption of a Real Estate Property Lease to ANBAJA Enterprises, Inc. (Twin Creeks Brewing Company) for a portion of a 10” wide public alley located to the rear of 109 and 111 South Pollard Street. J. ITEMS REQUIRING ACTION 1. Consider adoption of a Resolution to reauthorize a position within the Vinton Police Department and a position within the Vinton Public Works Department that were previously frozen as part of the FY24 Adopted Budget. 2. Consider adopting a Resolution to appropriate funds of $1,500 as a donation to support exterior fencing for the Boys and Girls Club playground. K. TOWN ATTORNEY L. TOWN MANAGER’S PROJECT UPDATES/COMMENTS M. COUNCIL N. MAYOR O. ADJOURNMENT NEXT COMMITTEE/TOWN COUNCIL MEETINGS: October 7, 2023 – 10:00 a.m. – Fall Festival – Downtown Vinton October 9, 2023 – 3:00 p.m. – Finance Committee Meeting – TOV Annex October 11, 2023 – 8:00 a.m. – Community Development Committee Meeting – TOV Annex October 17, 2023 – 6:00 p.m. – Regular Council Meeting – Council Chambers NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. efforts will be made to provide assistance or special arrangements to qualified individuals with disabilities in order to participate in or attend Town Council meetings. Please call (540) 983-0607 at least 48 hours prior to the meeting date so that proper arrangements may be made. Meeting Date October 3, 2023 Department Town Clerk Issue Consider approval of the minutes of the Regular Meeting of September 19, 2023 Attachments September 19, 2023 minutes Recommendations Motion to approve minutes Town Council Agenda Summary 1 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 6:00 P.M. ON TUESDAY, SEPTEMBER 19, 2023, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA MEMBERS PRESENT: Bradley E. Grose, Mayor Michael W. Stovall, Vice Mayor Keith N. Liles Laurie J. Mullins MEMBERS ABSENT: Sabrina McCarty STAFF PRESENT: Pete Peters, Town Manager Cody Sexton, Deputy Town Manager/Treasurer Antonia Arias-Magallon, Town Clerk/Administrative Manager Andrew Keen, Finance Director Jeremy Carroll, Town Attorney Fabricio Drumond, Police Chief Bo Herndon, Public Works Director Anita McMillan, Planning and Zoning Director Jamie Hurt, Capital Projects Coordinator The Mayor called the meeting to order at 6:00 p.m. The Town Clerk called the role with Council Mayor Stovall, and Mayor Grose present. Council Member McCarty was absent. After a Moment of Silence, Jamie Hurt led the Pledge of Allegiance to the U.S. Flag. announcements, and Council Activities, Council Member Mullins announced the following: August 24 – Mayor Grose attended the RVARC Meeting; August 24 – Council Member Mullins, Vice Mayor Stovall, and Mayor Grose attended the Roanoke State of the City; August 26 – Market; August 29 – Manager Peters attended the Virginia Municipal Clerk Association Luncheon; September 5 – All South Pollard; September 13 – Council Member Meeting; September 15 – Mayor Grose attended the W estern Virginia Regional Industrial Facility Authority Meeting. Under requests to postpone, add to, or change the order of the agenda items, Town authorizing the Town Manager to execute a deed 2 the Town of Vinton for the City of Roanoke’s Glade Creek Stream Restoration Project under item J, items requiring action, number 2. Under the Consent Agenda, minutes for the July 18, 2023, meeting were approved instead of the August 15, 2023, minutes. Town Manager Peters requested to minutes for July 18, 2023, approve the correct minutes of August 15, 2023. Council Member Liles approve the August 15, 2023, minutes motion was seconded by Council Member Mullins and carried by the following vote, with all members voting: Vote 4-0; Yeas (4) – Liles, Mullins, Stovall, Grose; Nays (0) – None; Absent (1) - McCarty. of August 15, 2023 Under awards, introductions, presentations, and proclamations, Mr. Sexton recognized Andrew Keen for the completion of his Graduate Certificate in Local Government Management. Mr. Sexton expressed appreciation for Mr. Keen’s hard work. Under awards, introductions, presentations, and proclamations, recognized Cody Sexton for his completion of the at the Virginia Institute of Government Peters expressed appreciation for Mr. Sexton's hard work and participation. Mayor Grose congratulated both Mr. Sexton and Mr. Keen. Under awards, introductions, presentations, presented the Constitution Week Proclamation. The proclamation was given to the Daughters of the American Revolution. Under citizen comments and petitions, Lewis and Donna Amos Avenue, expressed their concerns about the Town’s use of the Western Virginia Water Authority for the water utilities. Peters commented that as of July 1, 2022, the Town transferred over to the Water Authority. The Town owned the water utilities since the late 1970s, and the goal was to transfer to the W ater 3 Amos explained that there were about 8 to 10 water line breaks against their property. Mr. Amos said that there was also a street sign that was removed and would like it back. Mr. Pete Wednesday at 3 p.m., with Public Works Director Herndon to meet the residents to see what they can do. Under briefings, Mr. Hurt gave an update on the Town’s capital projects. Mr. Hurt reviewed a PowerPoint that will be available at the Town Clerk's office as part of the permanent record. Mayor Grose commented on the Walnut Parking Lot project and the stream bank project. Under briefings, Town Manager Peters commented on a proposed real estate property support the expansion of the exterior patio in the rear of 109 and 111 South Pollard Street, known as Twin Creeks Brewing Company. Mr. Peters commented that the project is to businesses. The Town purchased adjacent to the parking lot. Twin Creeks needed partial ownership of the alleyway. The Town owns that alleyway from Lee Avenue Nicks Boulevard. The lease will be a 1-year lease with 4-year renewals. The Town will go through the process again after 4 years. The lease will begin July 1st to link with other existing leases. The next item on the agenda was the Consideration of public comments concerning the adoption of a resolution authorizing the Town Trust Fund Grant in the amount of $218,295. Mayor Grose opened the Public Hearing at 6:51 p.m. Mr awarded the grant in August. expressed appreciation to Council Members Liles and Mullins for their help process. Due to the amount of the grant being over 1% of the budget, there need public hearing to accept the grant funds. Public Hearing Opened Public Hearing Closed 4 Hearing no comments, the Mayor closed the Public Hearing at 6:53 p.m. Council Member approve the Resolution Trust Fund Grant in the amount of $218,295; the motion was seconded by Mullins and carried by the following roll call vote, with all members voting: Vote 4-0; Yeas (4) – Liles, Mullins, Stovall, Grose; Nays (0) – None; Absent (1) - McCarty. authorizing the Town Council to accept the Virginia Outdoors Foundation Open Space Lands Preservation Trust Fund Grant in the amount of $218,295. Under items requiring action under the agenda, there was a motion to consider adoption of a Resolution awarding a construction bid and authorizing the Town the Walnut Avenue Parking Lot. Town Manager Peters budget was based on an actual project cost estimate. The Town added 40% which was based on a contractor’s number. The bids were higher than anticipated. Vice Mayor Stovall made a motion to approve and authorizing the Town Manager to execute a amount of $619,850.00, for the construction of the Walnut Avenue seconded by Council Member Liles and carried by the following roll call vote, with all members voting: Vote 4-0; Yeas (4) – Stovall, Grose; Nays (0) – None; Absent (1) - McCarty. authorizing the Town Manager to execute a contract with Bowman Excavating Inc., in construction of the Walnut Avenue Parking Lot. Under items requiring action under the agenda, there was a motion to consider adoption of a Resolution authorizing the Town Manager to execute a deed of easement between the City of Roanoke and the Town of Vinton for the City of Project. Mrs. McMillan commented on the Glade Creek Stream Restoration Project. Roanoke City completed part of the easement. This easement 5 City has requested that it be moved forward to approve. Council Member Mullins approve the Resolution between the City of Roanoke and the Town of Stream Restoration Project seconded by Vice Mayor Stovall and carried by the following r voting: Vote 4-0; Yeas (4) – Stovall, Grose; Nays (0) – None; Absent (1) - McCarty. 2564 execute a deed of easement between the City of Roanoke and the Town of Vinton for the City of Roanoke’s Glade Creek Stream Restoration Project. Town Manager Peters commented on the Cleveland Avenue striping that week. The contractor is Signs have been put in place for October 2nd for the start of the speed limit change on Gus Nicks Boulevard. Mayor Grose change is all about safety. Under reports from committees, Mr. Herndon commented on the September 13, 2023, Public Works schedule is going to start around October. What does not get fixed in October or November will be started in spring. There were a couple of stormwater projects on Holiday Road and Shalon Circle. There are a few other small stormwater projects that were worked on. Striping is scheduled for Gus Nicks Boulevard next week. The dumpster pad by the Farmers’ M being worked on for the larger dumpster. There will be an 8- resident contacted the Town about the possibility of a 4-way stop sign at E. Cleveland Avenue and S. Poplar Street. Mr. Herndon is talking with an engineer to get advice on it. On Ruddell Road, there has been an issue with water running into been done on this road, and it will have to be cut and redone to fix the issue. The Town will have to look into easements. The next meeting is November 15, 2023. Mr. Herndon commented that the traffic signal equipment is on order and scheduled to arrive around Christmas. Vice Mayor Stovall 6 commented that the sun is blinding the cameras during the morning and afternoon time. The new equipment will have a thermal camera that will change of the seasons. Council Members expressed appreciation and commented on Pollard 107 South’s food and the signs for speed. Council Member Mullins expressed condolences for Steve Doyle and the Police Department's attendance at the visitation. Council Member Liles expressed excitement for downtown with the work being done on W alnut Avenue. Council thanked the Amoses for coming and sitting for the Council meeting. Council also expressed its condolences for Ann Brown and her family. Mayor Grose expressed his condolences for Ann Brown, and Kevin Orange, who worked for 17 years for the Town. Mayor Grose commented on the Roanoke State of the City and congratulated Roanoke City’s Mayor and his staff on their State of the City Address. Council Member Mullins made a motion to adjourn the meeting; the motion was seconded by Council Member Liles following vote, with all members voting: Vote 4- 0; Yeas (4) – Liles, Mullins, Stovall, Grose; Nays (0) – None; Absent (1) - McCarty. The meeting Meeting adjourned APPROVED: _________________________________ Bradley E. Grose, Mayor ATTEST: _________________________________ Antonia Arias-Magallon, Town Clerk Meeting Date October 3, 2023 Department Community Programs Issue Briefing on the proposed Lease between the Town and The Vinton Historical Society for property located at 210 East Jackson Avenue (Vinton History Museum) Summary The Vinton Historical Society operates the Vinton History Museum and has agreed to updated terms of a proposed Lease Agreement with the Town for the property located at 210 E Jackson St. General Terms of the Lease Agreement include: • Initial lease is for 8 months and will begin November 1st, 2023 through June 30th, 2024, in order to align on a fiscal year basis. • The lease would contain four (4) additional one-year renewals and will set to expire on June 30th, 2028, as to align with other similar leases the Town maintains with community partners for publically owned property. • TOV will maintain major operating systems to include HVAC, plumping and electrical. • TOV will provide routine exterior maintenance to the roof, windows, walls and doors. • TOV will provide all utilities. • The Historical Society will provide all routine grounds maintenance. • The Historical Society will provide funds for major physical improvements with regards to operation of the building as a History Museum. • A separate MOU will be utilized to provide guidance and establish parameters specific to the staffing and operations of the History Museum. A Public Hearing will be advertised for the October 17th meeting and Council will be asked to consider taking action on this Lease following the Public Hearing. Attachments Draft Lease Agreement Recommendations Advertise Public Hearing Town Council Agenda Summary 1 LEASE OF REAL PROPERTY This Lease of Real Property (“Lease”) is entered into this ____ day of October, 2023, by and between the Town of Vinton, (“Town”), a municipality of the Commonwealth of Virginia, and Vinton Historical Society, Inc. (“Tenant”), a Virginia non-stock corporation. RECITALS WHEREAS, Tenant requests to lease Town property located at 210 E. Jackson Avenue, Vinton, VA 24179 (the “Property”), for the purpose of operating the Vinton Historical Society Museum, where the Tenant will curate and display artifacts and other items of historical significance or interest and relating to the Town of Vinton or the greater Vinton Community. WHEREAS, Town finds that Tenant’s lease of the Property will benefit the citizens of the community by the Tenant’s efforts to collect, preserve and display historically significant items for current and future generations of citizens and visitors to learn about the history and growth of the Town of Vinton; and WHEREAS, Town also finds that Tenant’s lease of the Property will benefit Town by the Tenant’s development and operation of seasonal special events and activities to market the facilities’ offerings and to fundraise for the Tenant’s efforts the preserve and display the items contained within the museum for the benefit of the community and the general public; and NOW THEREFORE, for and in consideration of the terms, conditions, covenants, mutual benefits and agreements recited herein, Town and Tenant agree to the following: 1. LEASE Town hereby leases to Tenant and Tenant hereby leases from Town the Property, as defined herein, exclusively for use as museum. 2. PROPERTY; POSSESSION AND USE OF PROPERTY a) Town makes no representations or warranties as to the condition of the Property. Tenant must make its own determination as to whether the Property is suitable for its purposes. Town specifically disclaims any warranty that the Property is fit for the particular use or purpose that the Tenant proposes. Subject to the Town’s express obligations under this Lease, Tenant’s entry into the possession of the Property shall constitute conclusive evidence that the Property is in good and satisfactory condition. Town shall not, under any circumstances, be liable for indirect, consequential or incidental damages to Tenant. b) Tenant shall, in all cases and at all times, use the Property, and cause the Property to be used by Tenant’s agents, employees, contractors, invitees and licensees, in conformance with all applicable laws, ordinances, orders, rules, and regulations. c) Subject to the limitations contained in this Lease, Town shall deliver quiet possession of the Property to Tenant on the Commencement Date and, subject to Tenant’s 2 compliance with the terms of this Lease, shall provide quiet enjoyment of the Property to Tenant during the Term and any Renewal Term. 3. TOWN RESPONSIBILITIES a) Town will maintain the heating, air conditioning, plumbing and electrical systems that service the Property in good repair and in a condition suitable to the use for which they are intended; provided, however Town shall not be responsible for maintaining or repairing any damage caused by the errors, acts or omissions of Tenant or its agents, employees, contractors, invitees, or licensees, which maintenance and repairs shall be performed by Tenant at its expense. b) Town will maintain the Property’s roof, windows, exterior walls, and exterior doors in good repair and in a condition suitable to the use for which they are intended; provided, however Town shall not be responsible for maintaining or repairing any damage caused by the errors, acts or omissions of Tenant or its agents, employees, contractors, invitees, or licensees, which maintenance and repairs shall be performed by Tenant at its expense. Town also will provide internet service to the Property. Tenant will pay the cost of email and website access. c) Town will provide all reasonably necessary electricity, heating, water/sewer and telephone service for the Property. All other utilities will be Tenant’s responsibility. Town shall not be liable for any interruption or curtailment whatsoever in the furnishing of utilities to the Property, whether or not they are furnished by Town. d) Town shall be provided access to the Property at all times reasonably necessary to carry out its maintenance responsibilities and to provide utilities and services required under this section. 4. TENANT RESPONSIBILITIES a) Tenant will be responsible for all Property maintenance and repairs not expressly assigned to Town in the foregoing section. Tenant shall be solely responsible for its fixtures, furnishings, equipment, and personal property owned or installed by Tenant. Tenant shall be responsible for all maintenance, repair, replacement, and damages caused by the errors, acts, omissions, negligence, or willfulness of Tenant, or its agents, employees, contractors, invitees, or licensees. b) Tenant shall, at its own risk and expense, maintain the Property in good repair and in the condition it was when Tenant first occupied the Property, less ordinary wear and tear. All maintenance, repairs, and replacements made by Tenant shall be approved in advance by Town and shall be at least equal in class and quality to the original equipment and workmanship. Any maintenance, repairs and replacements made by Town at its expense must be done by qualified licensed contractors, plumbers, or electricians pre-approved by Town, in accordance with plans approved in advance by Town, in a good and workmanlike manner, and in accordance with all applicable laws and regulations. c) Tenant shall be responsible for security at the Property. Tenant shall maintain the Property as securely as reasonably possible during and after operating hours. d) Tenant will maintain and upkeep the Property, including the Property’s grounds, including, but not limited to janitorial service, trash removal, routine cleaning of the 3 building, mowing and trimming the lawn, snow removal, removing leaves and debris from the Property, and all other steps reasonably required to make the Property and its grounds an attractive, safe and healthy environment. Town will be responsible for the Property's grounds, including mowing and trimming the lawn, snow removal, and removing leaves and debris. Tenant will maintain the interior of the Property, including janitorial service, trash removal, and routine cleaning. e) Notwithstanding any provision in this Lease to the contrary, Tenant shall be responsible for the cost of any major physical or equipment improvements to the Property, including without limitation the repair or replacement of appliances, equipment and mechanical systems, unless Town agrees in advance to share a portion of the cost. f) Tenant shall not make any alterations, modifications, or additions to the Property, or install any fixtures, equipment or partitions, or make any improvements, without the prior written consent of Town. 5. RENT Tenant shall pay rent annually in the amount of $1.00 (“Rent”). Rent shall be paid upon commencement of the lease term period and annually thereafter on or before the anniversary of the lease term. 6. TAXES AND ASSESSMENTS Tenant and/or its subtenants shall be liable for, and shall pay before delinquency, any and all taxes and assessments (real and personal) levied against (a) any personal property or trade fixtures placed by Tenant in or about the Property (including any increased value of the Property based upon the value of such personal property or trade fixtures), and (b) any Tenant improvements or alteration in the Property (whether installed and/or paid for by Town or Tenant). If any such taxes and assessments are levied against Town or Town’s property for property occupied/used by Tenant, Town may, after written notice to Tenant (and under proper protest if requested by Tenant), pay such taxes and assessments, and Tenant shall reimburse Town therefore within ten (10) days after demand by Town; provided, however, Tenant, at its sole cost and expense shall have the right, to bring suit in any court of competent jurisdiction to recover the amount of such taxes and assessments so paid under protest. 7. TERM The term of this Lease is for an eight (8) month term, commencing on the 1st day of November, 2023 (“Commencement Date”) and ending on June 30, 2024 (“Termination Date”). 8. OPTION TO EXTEND TERM If Tenant is not then in default under any of the terms or conditions of this Lease beyond applicable notice and cure periods, then Tenant may extend this Lease for up to four additional twelve (12) month periods by providing written notice to Town on or before the date that is sixty (60) days prior to the then-current Termination Date of Tenant’s intent to 4 extend this Lease in accordance with the terms and conditions stated herein. Each twelve- month renewal period shall be referred to herein as the “Renewal Term”. Unless otherwise agreed in writing, each renewal shall be subject to the same terms and conditions as set forth herein. 9. TERMINATION OF LEASE Tenant and Town shall have the option to terminate this Lease at any time during the Term or Renewal Term by giving the other at least ninety (90) days prior written notice. Should Town incur additional costs for improvements, upgrades, modifications, and other items as requested by Tenant after the initial occupancy, Tenant shall reimburse Town for those costs. Tenant agrees that at termination of the Lease, Tenant will remove all of Tenant’s equipment, furniture, and all other items of personal property, and Tenant will peaceably return the Property to Town in as good condition as when first occupied, reasonable wear and tear excepted. Notwithstanding the foregoing, should Tenant breach the terms of this Lease, Town shall notify Tenant in writing of the breach and Tenant shall have five (5) business days to cure the breach unless Town agrees in writing to provide additional time for cure. In the event the breach is not cured within the prescribed time period, Tenant shall immediately remove its equipment, furniture, and other items of personal property and vacate the Property. 10. NOTICES All written notices pursuant to this Lease shall be addressed as set forth below or as either party may hereafter designate by written notice and shall be deemed delivered upon personal delivery, delivery by email or facsimile, or five (5) business days after deposit in the United States Mail, postage prepaid, return receipt requested. TO: Town TO: Tenant Town Manager President Town of Vinton Vinton Historical Society 311 South Pollard Street 210 E. Jackson Ave Vinton, VA 24179 Vinton, VA 24179 11. DAMAGE TO OR DESTRUCTION TO PROPERTY OR IMPROVEMENTS In the event of damage to or destruction of Town property or Town installed improvements, equipment, or fixtures located within the Property or in the event Tenant installed improvements, equipment or fixtures that are declared unsafe or unfit for use or occupancy by a public entity with the authority to make and enforce such declaration, Tenant shall, within thirty (30) days, commence and diligently pursue to complete the repair, replacement, or reconstruction of improvements to the same side and floor areas that 5 existed immediately prior to the event causing the damage or destruction as necessary to permit full use and occupancy of the Property for the purposes required by the Lease. Repair, replacement, or reconstruction of the Property shall be accomplished in a manner and according to plans approved by the Town Manager and in accordance with any laws or regulations set forth by the Town or Roanoke County. 12. HAZARDOUS SUBSTANCES Tenant shall not use or permit the use of the Property for the generation, storage, treatment, use, transportation, handling, or disposing of any chemical, material, or substance, which is regulated as toxic or hazardous or exposure to which is prohibited, limited, or regulated by any governmental authority, or which, even if not so regulated, may or could pose a hazard to the health or safety of persons on the Property or other tenants or occupants of the building in which the Property is located, and no such chemical, material, or substance shall be brought onto the Property without the Town’s express written consent. Tenant agrees that it will at all times observe and abide by all laws and regulations relating to the handling of such materials and will promptly notify Town of (a) the receipt of any warning notice, notice of violation, or complaint received from any governmental agency or third party relating to environmental compliance and (b) any release of hazardous materials in or on the Property and/or building. Tenant shall in accordance with all applicable laws, carry out, at its sole cost and expense, any remediation required as a result of the release of any hazardous substance by Tenant or by Tenant’s agents, employees, contractors, licensees, or invitees, from the Property. Notwithstanding the foregoing, Tenant shall have the right to bring on the Property reasonable amounts of cleaning materials and the like necessary for the operation of Tenant’s business, but Tenant’s liability with respect to such materials shall be as set forth in this section. 13. TOWN LIABILITY/INDEMNIFICATION a) Town shall not be liable for any damage or liability of any kind or for any injury to or death of any persons or damage to any property on or about the Property from any cause whatsoever. All property, equipment, and materials, etc., belonging to Tenant, its employees, agents, contractors, licensees, or invitees, or any occupant of the Property shall be at the risk of Tenant or other person only, and Town shall not be liable for damage thereto or misappropriation thereof. b) Tenant shall indemnify, hold harmless, and defend Town from and against any and all actions or causes of action, claims, demands, liabilities, loss, damage or expense of whatsoever kind and nature, including attorneys’ fees and witness costs, which Town may suffer or incur by reason of bodily injury, including death, to any person or persons, or by reason of damage to or destruction of any property, including the loss of use thereof, arising out of or in any manner connected with Tenant’s use or occupancy of the Property or the exercise of any of the rights herein granted, or which Town may sustain or incur in connection with any litigation, investigation, or other expenditures incident thereto, due in whole or in part to any error, act, omission, or negligence of Tenant or any of its agents, employees, contractors, licensees, or invitees. 14. INSURANCE 6 Tenant shall, at all times during the term of this Lease, maintain adequate liability insurance, reserves, and funding to compensate for bodily injury, personal injury, wrongful death and property damage or other claims including defense costs and other loss adjustment expenses arising out of or related to the above indemnity provisions. At minimum, Tenant will carry at its sole cost and expense the following types of insurance: a) Commercial General Liability Insurance. Licensee shall maintain Commercial General Liability Insurance (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000 each accident/occurrence, $2,000,000 annual aggregate. CGL insurance shall be written on an approved ISO form for coverage in the Commonwealth of Virginia, and shall cover liability arising from premises, operations, independent users, products-completed operations, explosion/collapse, personal injury and liability assumed under insured contract. b) All policies of insurance shall be issued in a form acceptable to Town by insurance companies licensed to conduct business in the Commonwealth of Virginia. Each policy shall be issued in the name of Tenant with Town listed as an additional insured. All policies shall contain a provision that company writing the policy shall give Town at least thirty (30) days’ notice in writing in advance of any cancellation, or lapse, or the effective date of any reduction in the amounts of insurance. Failure to comply with this clause shall constitute a material breach of this Lease. c) Prior to commencement of the Lease, Tenant shall furnish Town with Certificates of Insurance, in a format acceptable to Town, evidencing the insurance coverage required in this section. Any acceptance of insurance certificates by Town, or failure to request same, shall not limit or relieve Tenant of the duties and responsibilities assumed by it under this Lease. If Tenant fails to procure any such insurance, Town may procure such coverage and Tenant shall reimburse Town for its costs. d) Tenant hereby waives all rights of subrogation by any insurance company issuing policies carried by Tenant with respect to this Lease; Tenant’s fixtures, furnishings, equipment, and personal property; Tenant’s use or occupation of the Property; or Tenant’s operations. 15. LIENS Town Property, including, but not limited to, the Premises shall not be subject to liens for work done or materials used on the Premises made at the request of, or on the order of, or to discharge an obligation of, Tenant. This paragraph shall be construed so as to prohibit in accordance with applicable Virginia law, the interest of the Town in the Premises or any part thereof from being subject to any lien for any improvements made by Tenant or any third-party on Tenant’s behalf (except Town) to the Premises. If any lien or notice of lien on account of an alleged debt of Tenant or any notice of lien by a party engaged by Tenant or Tenant’s contractor or material men for work done to the Premises is filed, Tenant shall, within ten (10) days after the notice of filing, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. Should Tenant fail to do so, Town may discharge same and any amount paid by Town and all costs and expenses, including attorneys’ fees and court costs, incurred by Town in connection therewith, including interest at the statutory rate, shall constitute additional Rent and shall be paid by Tenant to Town on demand. 7 16. REPRESENTATIONS AND WARRANTIES Tenant represents and warrants to Town that as of the date hereof as follows: a) The execution and delivery by Tenant of this Lease, and the performance by Tenant of its obligations hereunder, will not contravene any law, rule or regulation of any state or of the United States or any political subdivision thereof or therein, or any order, writ, judgment, injunction, decree, determination or award currently in effect, which, singly or in the aggregate, would have a material adverse effect on Tenant. b) Tenant is a Virginia corporation validly existing and in good standing under the laws of the Commonwealth of Virginia, is authorized to transact business in Virginia, and has all requisite power and authority to operate and lease the Property. c) Tenant has the requisite power and authority to have this Lease executed and delivered and to consummate the transactions contemplated hereby. The execution and delivery of this Lease and the consummation of the transactions contemplated hereby have been duly and validly authorized by all necessary action on the part of Tenant and do not and will not violate the provisions of its articles of incorporation or bylaws. This Lease has been duly and validly authorized, executed and delivered by Tenant and constitutes the legal, valid and binding obligation of Tenant, enforceable against it in accordance with its terms. 17. ATTORNEYS’ FEES AND COSTS In the event of a breach or attempted breach of any of the provisions of this Lease by Tenant, Town shall be entitled to recover from Tenant any and all costs actually incurred in connection with enforcing the terms of this Lease, including, without limitation, its attorneys’ fees and court costs. 18. INTERPRETATION No provision of this Lease shall be construed in favor of, or against, any particular Party by reason of any presumption with respect to the drafting of this Lease; both Parties, having fully participated in the negotiation of this instrument, hereby agree that this Lease shall not be subject to the principle that a contract would be construed against the Party which drafted the same. 19. COMPLIANCE WITH APPLICABLE LAWS The Parties agree that, in the performance of this Lease, they will comply with all applicable laws, statutes, rules, regulations, or orders of the United States government or of any state or political subdivision. 20. HEADINGS The headings of the sections of this Lease are inserted for convenience only and do not alter or amend the provisions that follow such headings. 8 21. FAILURE TO ENFORCE NOT A WAIVER A failure by either Party to pursue or enforce any remedy or right available under the terms and conditions of the Lease, any statute, or common law shall not be interpreted as a waiver of that Party’s right to pursue or enforce such an available remedy or right at a later date. Waiver by one Party of a breach by the other Party of any of the terms and conditions of this Lease shall not be construed as a waiver of any other past, present or future breach. 22. SEVERABILITY If any provision of this Lease, or the application of any provision hereof to a particular entity or circumstance, shall be held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Lease shall not be affected and all other terms and conditions of the Lease shall be valid and enforceable to the fullest extent permitted by law. 23. APPLICABLE LAW The laws of the Commonwealth of Virginia shall govern the interpretation, validity, performance and enforcement of this Lease. The Parties choose the state or federal court of appropriate jurisdiction in the County of Roanoke, Virginia as the venue for any action initiated related to this Lease. 24. ENTIRE AGREEMENT This Lease constitutes the entire agreement between the parties with respect to the subject matter thereof. No alteration, amendment, change, or addition to this Lease shall be binding upon the Town or Tenant unless reduced in writing, signed, and mutually delivered between them. IN WITNESS WHEREOF, the parties have executed this Lease the day and year first written above. Town of Vinton, a municipality Vinton Historical Society, Inc., of the Commonwealth of Virginia a Virginia non-stock corporation By__________________________________ By________________________________ Richard W. Peters, Jr., Town Manager Randy Layman, President APPROVED AS TO FORM By _________________________________ Town Attorney Meeting Date October 3, 2023 Department Finance/Treasurer Issue Consideration of public comments concerning the proposed amendment to the Town of Vinton’s FY 2023-2024 budget to appropriate funding for several capital improvement projects, including Mountain View Road, parking lot construction, economic development incentives, and community blight abatement and acquisition in the total amount of $1,833,750.00 in the Capital Fund. Summary The Town Council had appropriated funds in the Capital Fund in previous years for four projects: Mountain View Road construction, Walnut Parking construction, Gish Mill delivery incentives, and community blight abatement and acquisition. While the Town planned for and funded these projects in previous years, various reasons delayed the timing of their implementation, necessitating re- appropriating the funds in the current Fiscal Year 2023-2024 in order to move forward with project delivery. Furthermore, while most of the funding for the $1,822,750.00 appropriation is covered by previous appropriations for these specific projects, current project costs require the use of approximately $100,000.00 from the Capital Fund’s reserve. Section 15.2-2507 of the 1950 Code of Virginia, as amended, requires any locality to hold a Public Hearing in order to amend its budget when any such amendment exceeds one percent (1%) of the total expenditures show in the currently adopted budget. The Notice of this Public Hearing was advertised in The Vinton Messenger on September 21, 2023. Attachments Resolution List of Transfers Recommendations Conduct Public Hearing Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, OCTOBER 3, 2023, AT 6:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179. WHEREAS, Town staff have proposed a series of re-appropriations to align in order to deliver projects that had been funded in previous fiscal years; and, WHEREAS, the proposed amendment to the Town of Vinton’s FY 2023-2024 budget is intended to appropriate funding for several capital improvement projects, including Mountain View Road of $500,000.00, Walnut Parking construction of $620,000.00, Gish Mill incentives of $398,750.00, and Community Blight Abatement and Acquisition of $315,00.00; and, WHEREAS, the total amount of $1,833,750.00 for all projects is in the Capital Fund; and, WHEREAS, Section 15.2-2507 of the 1950 Code of Virginia, as amended, requires any locality to hold a Public Hearing in order to amend its budget when any such amendment exceeds one percent (1%) of the total expenditures show in the currently adopted budget; and, WHEREAS, the Notice of this Public Hearing was advertised in The Vinton Messenger on September 21, 2023. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the appropriations as shown on the attached. This Resolution adopted on motion made by Council Member______ , seconded by Council Member ___________________, with the following votes recorded: AYES: NAYS: APPROVED: Bradley E. Grose, Mayor ATTEST: ______________________________________ Antonia Arias-Magallon, Town Clerk 1 Meeting Date October 3, 2023 Department Administration Issue Consideration of public comments concerning the proposed granting of a Real Estate Property Lease to ANBAJA Enterprises, Inc. (Twin Creeks Brewing Company) for a portion of a 10” wide public alley located to the rear of 109 and 111 South Pollard Street. Summary The owners of the building and brewery located at 109 and 111 South Pollard Street have expressed interest in leasing a portion of the 10’ public alley located directly to the rear of their property for the purposes of expanding and improving their exterior patio and entertainment area. Town staff and the owners have negotiated terms for a Real Estate Property Lease that will outline the terms of the agreement. General Terms of the Lease include: • The town will provide a real estate lease agreement for an initial nine-month term and provides for up to four (4) additional one-year renewals. • The tenant will pay an annual rent of $10 for use of the property. • The tenant will be responsible for maintaining their identified portion of the property as described within the agreement and maintaining adequate liability and property insurance during the term of the lease agreement, including all site improvements. • An investment goal of $20,000 has been established to construct an outdoor seating and entertainment area. • No physical structures are to be constructed on the public alley. Town Council was briefed on the project at their September 19th Council meeting. Attachments Real Estate Property Lease Map of Leased Area Resolution Town Council Agenda Summary 2 Recommendations Conduct Public Hearing Motion to adopt Resolution RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, OCTOBER 3, 2023, AT 6:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, LOCATED AT 3ll S. POLLARD STREET, VINTON, VIRGINIA. WHEREAS, ANBAJA Enterprises, Inc. (“Tenant”) desires to lease a portion of a Town-owned public alley located behind 109 and 111 South Pollard Street in the Town, as more particularly depicted on the Site Plan attached hereto as Exhibit A (“Property”); and WHEREAS, the Property is located in a strategic location within downtown Vinton and the Parties desire to see the Property utilized in a manner that enhances Vinton’s downtown area, provides future revenue generation for the Town, and adds employment opportunities for its citizens; and WHEREAS, Town agrees to Lease the Property to Tenant, so that Tenant may expand the exterior patio and entertainment area located adjacent to 109 and 111 South Pollard Street, known as Twin Creeks Brewing Company; and WHEREAS, Tenant agrees to construct an exterior patio on the property adjacent to the Property that will increase customer seating capacity. NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE TOWN OF VINTON, VIRGINIA, AS FOLLOWS: 1. The Lease of real property to ANBAJA Enterprises, Inc.is hereby approved in a form substantially similar to the one presented to Council and approved by the Town Attorney; and 2. The Town Manager is hereby authorized and directed, for and on behalf of the Town, to execute and then to deliver the Lease of real property to ANBAJA Enterprises, Inc. and to take such other actions and execute and deliver such other documents as may be necessary to carry out the purposes of this Resolution. This Resolution adopted on motion made by __________________, seconded by ______________, with the following votes recorded: AYES: NAYS: APPROVED: _____________________________________ Bradley E. Grose, Mayor ATTEST: _____________________________________ Antonia Arias-Magallon, Town Clerk 1 LEASE OF REAL PROPERTY This Lease of Real Property (“Lease”) is entered into this______ day of _________, 2023, by and between the Town of Vinton, (“Town”), a municipality of the Commonwealth of Virginia, and ANBAJA Enterprises, Inc. (“Tenant”), a Virginia non-stock corporation. RECITALS WHEREAS, Tenant desires to lease a portion of a Town-owned public alley located behind 109 and 111 South Pollard Street in the Town, as more particularly depicted on the Site Plan attached hereto as Exhibit A (“Property”); and WHEREAS, the Property is located in a strategic location within downtown Vinton and the Parties desire to see the Property utilized in a manner that enhances Vinton’s downtown area, provides future revenue generation for the Town, and adds employment opportunities for its citizens; and WHEREAS, Town agrees to Lease the Property to Tenant, so that Tenant may expand the exterior patio and entertainment area located adjacent to 109 and 111 South Pollard Street, known as Twin Creeks brewing Company; and WHEREAS, Tenant agrees to construct an exterior patio on property adjacent to the Property that will increase customer seating capacity. NOW THEREFORE, for and in consideration of the terms, conditions, covenants, mutual benefits and agreements recited herein, Town and Tenant agree to the following: 1. LEASE Town hereby leases to Tenant and Tenant hereby leases from Town the Property, as defined herein. 2. PROPERTY; POSSESSION AND USE OF PROPERTY a) Town makes no representations or warranties as to the condition of the Property. Tenant must make its own determination as to whether the Property is suitable for its purposes. Town specifically disclaims any warranty that the Property is fit for the particular use or purpose that the Tenant proposes. Subject to the Town’s express obligations under this Lease, Tenant’s entry into the possession of the Property shall constitute conclusive evidence that the Property is in good and satisfactory condition. Town shall not, under any circumstances, be liable for indirect, consequential or incidental damages to Tenant. b) Tenant shall, in all cases and at all times, use the Property, and cause the Property to be used by Tenant’s agents, employees, contractors, invitees and licensees, in conformance with all applicable laws, ordinances, orders, rules, and regulations and exclusively for an outdoor dining area. 2 c) Subject to the limitations contained in this Lease, Town shall deliver quiet possession of the Property to Tenant on the Commencement Date and, subject to Tenant’s compliance with the terms of this Lease, shall provide quiet enjoyment of the Property to Tenant during the Term and any Renewal Term. 3. TENANT RESPONSIBILITIES a) Unless otherwise agreed in writing by Town, Tenant will not construct any fixtures or permanent physical structures on the Property. Tenant may only place removable personal property on the Property. b) Tenant will make a Capital Investment of not less than $20,000 to the adjacent property for the purpose of constructing an exterior patio and entertainment area. c) Tenant will, at its own expense, be responsible for all maintenance and repairs at the Property. d) Tenant will be responsible for all maintenance, repair, replacement, and damages caused by the errors, acts, omissions, negligence, or willfulness of Tenant, or its agents, employees, contractors, invitees, or licensees. e) Tenant will, at its own risk and expense, maintain the Property in good repair and in the condition it was when Tenant first occupied the Property, less ordinary wear and tear. All maintenance, repairs, and replacements made by Tenant shall be approved in advance by Town and shall be at least equal in class and quality to the original equipment and workmanship. Any maintenance, repairs and replacements made by Tenant must be done by qualified licensed contractors, plumbers, or electricians pre- approved by Town, in accordance with plans approved in advance by Town, in a good and workmanlike manner, and in accordance with all applicable laws and regulations. f) Tenant shall be responsible for security at the Property. Tenant will maintain the Property as securely as reasonably possible during and after operating hours. g) Tenant’s maintenance and upkeep responsibilities at the Property will include, but not be limited to, janitorial service, trash removal, routine cleaning, mowing and trimming the lawn, snow removal, removing leaves and debris from the Property, and all other steps reasonably required to make the Property and its grounds an attractive, safe and healthy environment. 5. RENT Tenant shall pay rent annually in the amount of $10.00 (“Rent”). Rent shall be paid upon commencement of the lease term period and annually thereafter on or before the anniversary of the lease term. 6. TAXES AND ASSESSMENTS Tenant and/or its subtenants shall be liable for, and shall pay before delinquency, any and all taxes and assessments (real and personal) levied against (a) any personal property or trade fixtures placed by Tenant in or about the Property (including any increased value of the Property based upon the value of such personal property or trade fixtures), and (b) any Tenant improvements or alteration in the Property (whether installed and/or paid for by Town or Tenant). If any such taxes and assessments are levied against Town or Town’s 3 property for property occupied/used by Tenant, Town may, after written notice to Tenant (and under proper protest if requested by Tenant), pay such taxes and assessments, and Tenant shall reimburse Town therefore within ten (10) days after demand by Town; provided, however, Tenant, at its sole cost and expense shall have the right, to bring suit in any court of competent jurisdiction to recover the amount of such taxes and assessments so paid under protest. 7. TERM The initial term of this Lease shall commence on the date this Agreement is fully executed by the Parties (“Commencement Date”) and shall terminate on June 30, 2024 (“Termination Date”). 8. EXTENSION OF TERM If Tenant is not then in default under any of the terms or conditions of this Lease beyond applicable notice and cure periods, then Tenant and Town may mutually agree in writing to extend the term of this Lease for up to four (4) additional one (1) year periods, on the same terms and conditions as set forth herein. Each one year Renewal Term will commence on July 1 and will extend the Termination Date to the immediately following June 30. There may be no renewal of this Lease beyond June 30, 2028.. 9. TERMINATION OF LEASE Tenant and Town shall have the option to terminate this Lease at any time during the Term or Renewal Term by giving the other at least ninety (90) days prior written notice. Tenant agrees that at termination of the Lease, Tenant will remove all of Tenant’s equipment, furniture, and all other items of personal property, and Tenant will peaceably return the Property to Town to include all physical improvements made to the site. Notwithstanding the foregoing, should Tenant breach the terms of this Lease, Town shall notify Tenant in writing of the breach and Tenant shall have five (5) business days to cure the breach unless Town agrees in writing to provide additional time for cure. In the event the breach is not cured within the prescribed time period, Tenant shall immediately remove its equipment, furniture, and other items of personal property and vacate the Property. 10. NOTICES All written notices pursuant to this Lease shall be addressed as set forth below or as either party may hereafter designate by written notice and shall be deemed delivered upon personal delivery, delivery by email or facsimile, or five (5) business days after deposit in the United States Mail, postage prepaid, return receipt requested. TO: Town TO: Tenant Town Manager 4 Town of Vinton 311 South Pollard Street Vinton, VA 24179 11. DAMAGE TO OR DESTRUCTION TO PROPERTY OR IMPROVEMENTS In the event of damage to or destruction of Town property or Town installed improvements, equipment, or fixtures located within the Property or in the event Tenant installed improvements, equipment or fixtures that are declared unsafe or unfit for use or occupancy by a public entity with the authority to make and enforce such declaration, Tenant shall, within thirty (30) days, commence and diligently pursue to complete the repair, replacement, removal, or reconstruction of such improvements. Repair, replacement, or reconstruction of the Property shall be accomplished at Tenant’s expense, in a manner and according to plans approved by the Town Manager, and in accordance with any laws or regulations set forth by the Town or Roanoke County. 12. HAZARDOUS SUBSTANCES Tenant shall not use or permit the use of the Property for the generation, storage, treatment, use, transportation, handling, or disposing of any chemical, material, or substance, which is regulated as toxic or hazardous or exposure to which is prohibited, limited, or regulated by any governmental authority, or which, even if not so regulated, may or could pose a hazard to the health or safety of persons on the Property or other tenants or occupants of the building in which the Property is located, and no such chemical, material, or substance shall be brought onto the Property without the Town’s express written consent. Tenant agrees that it will at all times observe and abide by all laws and regulations relating to the handling of such toxic and hazardous materials and will promptly notify Town of (a) the receipt of any warning notice, notice of violation, or complaint received from any governmental agency or third party relating to environmental compliance at the Property and/or any adjacent property that Tenant owns or leases and (b) any release of toxic or hazardous materials in or on the Property and/or any adjacent property that Tenant owns or leases. Tenant shall carry out, in accordance with all applicable laws and at its sole cost and expense, any remediation required as a result of the release of any toxic or hazardous substance by Tenant or by Tenant’s agents, employees, contractors, licensees, or invitees, from the Property. Notwithstanding the foregoing, Tenant shall have the right to bring on the Property reasonable amounts of cleaning materials and the like necessary for the operation of Tenant’s business, but Tenant’s liability with respect to such materials shall be as set forth in this section. 13. TOWN LIABILITY/INDEMNIFICATION a) Town shall not be liable for any damage or liability of any kind or for any injury to or death of any persons or damage to any property on or about the Property from any cause whatsoever. All property, equipment, and materials, etc., belonging to Tenant, its employees, agents, contractors, licensees, or invitees, or any occupant of the Property shall be at the risk of Tenant or other person only, and Town shall not be liable for damage thereto or misappropriation thereof. 5 b) Tenant shall indemnify, hold harmless, and defend Town from and against any and all actions or causes of action, claims, demands, liabilities, loss, damage or expense of whatsoever kind and nature, including attorneys’ fees and witness costs, which Town may suffer or incur by reason of bodily injury, including death, to any person or persons, or by reason of damage to or destruction of any property, including the loss of use thereof, arising out of or in any manner connected with Tenant’s use or occupancy of the Property or the exercise of any of the rights herein granted, or which Town may sustain or incur in connection with any litigation, investigation, or other expenditures incident thereto, due in whole or in part to any error, act, omission, or negligence of Tenant or any of its agents, employees, contractors, licensees, or invitees. 14. INSURANCE Tenant shall, at all times during the term of this Lease, maintain adequate liability insurance, reserves, and funding to compensate for bodily injury, personal injury, wrongful death and property damage or other claims including defense costs and other loss adjustment expenses arising out of or related to the above indemnity provisions. At minimum, Tenant will carry at its sole cost and expense the following types of insurance: a) Commercial General Liability Insurance. Licensee shall maintain Commercial General Liability Insurance (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000 each accident/occurrence, $2,000,000 annual aggregate. CGL insurance shall be written on an approved ISO form for coverage in the Commonwealth of Virginia, and shall cover liability arising from premises, operations, independent users, products-completed operations, explosion/collapse, personal injury and liability assumed under insured contract. b) All policies of insurance shall be issued in a form acceptable to Town by insurance companies licensed to conduct business in the Commonwealth of Virginia. Each policy shall be issued in the name of Tenant with Town listed as an additional insured. All policies shall contain a provision that company writing the policy shall give Town at least thirty (30) days’ notice in writing in advance of any cancellation, or lapse, or the effective date of any reduction in the amounts of insurance. Failure to comply with this clause shall constitute a material breach of this Lease. c) Prior to commencement of the Lease, Tenant shall furnish Town with Certificates of Insurance, in a format acceptable to Town, evidencing the insurance coverage required in this section. Any acceptance of insurance certificates by Town, or failure to request same, shall not limit or relieve Tenant of the duties and responsibilities assumed by it under this Lease. If Tenant fails to procure any such insurance, Town may procure such coverage and Tenant shall reimburse Town for its costs. d) Tenant hereby waives all rights of subrogation by any insurance company issuing policies carried by Tenant with respect to this Lease; Tenant’s fixtures, furnishings, equipment, and personal property; Tenant’s use or occupation of the Property; or Tenant’s operations. 15. LIENS The Property shall not be subject to liens for work done or materials used on the Property made at the request of, or on the order of, or to discharge an obligation of, Tenant. This 6 paragraph shall be construed so as to prohibit, in accordance with applicable Virginia law, the Town’s interest in the Property from being subject to any lien for any improvements made by Tenant or any third-party on Tenant’s behalf (except Town) to the Property. If any lien or notice of lien on account of an alleged debt of Tenant or any notice of lien by a party engaged by Tenant or Tenant’s contractor or material men for work done to the Property is filed, Tenant shall, within ten (10) days after the notice of filing, cause the same to be discharged of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. Should Tenant fail to do so, Town may discharge same and any amount paid by Town and all costs and expenses, including attorneys’ fees and court costs, incurred by Town in connection therewith, including interest at the statutory rate, shall constitute additional Rent and shall be paid by Tenant to Town on demand. 16. REPRESENTATIONS AND WARRANTIES Tenant represents and warrants to Town that as of the date hereof as follows: a) The execution and delivery by Tenant of this Lease, and the performance by Tenant of its obligations hereunder, will not contravene any law, rule or regulation of any state or of the United States or any political subdivision thereof or therein, or any order, writ, judgment, injunction, decree, determination or award currently in effect, which, singly or in the aggregate, would have a material adverse effect on Tenant. b) Tenant is a Virginia corporation validly existing and in good standing under the laws of the Commonwealth of Virginia, is authorized to transact business in Virginia, and has all requisite power and authority to operate and lease the Property. c) Tenant has the requisite power and authority to have this Lease executed and delivered and to consummate the transactions contemplated hereby. The execution and delivery of this Lease and the consummation of the transactions contemplated hereby have been duly and validly authorized by all necessary action on the part of Tenant and do not and will not violate the provisions of its articles of incorporation or bylaws. This Lease has been duly and validly authorized, executed and delivered by Tenant and constitutes the legal, valid and binding obligation of Tenant, enforceable against it in accordance with its terms. 17. ATTORNEYS’ FEES AND COSTS In the event of a breach or attempted breach of any of the provisions of this Lease by Tenant, Town shall be entitled to recover from Tenant any and all costs actually incurred in connection with enforcing the terms of this Lease, including, without limitation, its attorneys’ fees and court costs. 18. INTERPRETATION No provision of this Lease shall be construed in favor of, or against, any particular Party by reason of any presumption with respect to the drafting of this Lease; both Parties, having fully participated in the negotiation of this instrument, hereby agree that this Lease shall not be subject to the principle that a contract would be construed against the Party which drafted the same. 7 19. COMPLIANCE WITH APPLICABLE LAWS The Parties agree that, in the performance of this Lease, they will comply with all applicable laws, statutes, rules, regulations, or orders of the United States government or of any state or political subdivision. 20. HEADINGS The headings of the sections of this Lease are inserted for convenience only and do not alter or amend the provisions that follow such headings. 21. FAILURE TO ENFORCE NOT A WAIVER A failure by either Party to pursue or enforce any remedy or right available under the terms and conditions of the Lease, any statute, or common law shall not be interpreted as a waiver of that Party’s right to pursue or enforce such an available remedy or right at a later date. Waiver by one Party of a breach by the other Party of any of the terms and conditions of this Lease shall not be construed as a waiver of any other past, present or future breach. 22. SEVERABILITY If any provision of this Lease, or the application of any provision hereof to a particular entity or circumstance, shall be held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Lease shall not be affected and all other terms and conditions of the Lease shall be valid and enforceable to the fullest extent permitted by law. 23. APPLICABLE LAW The laws of the Commonwealth of Virginia shall govern the interpretation, validity, performance and enforcement of this Lease. The Parties choose the state or federal court of appropriate jurisdiction in the County of Roanoke, Virginia as the venue for any action initiated related to this Lease. 24. ENTIRE AGREEMENT This Lease constitutes the entire agreement between the parties with respect to the subject matter thereof. No alteration, amendment, change, or addition to this Lease shall be binding upon the Town or Tenant unless reduced in writing, signed, and mutually delivered between them. IN WITNESS WHEREOF, the parties have executed this Lease the day and year first written above. Town of Vinton, a municipality of the Commonwealth of Virginia a Virginia non-stock corporation 8 By__________________________________ By________________________________ Richard W Peters Jr. Town Manager APPROVED AS TO FORM By _________________________________ Town Attorney Exhibit A Meeting Date October 3, 2023 Department Finance/Treasurer Issue Consider adoption of a Resolution to reauthorize a position within the Vinton Police Department and a position within the Vinton Public Works Department that were previously frozen as part of the FY24 Adopted Budget. Summary On June 6, 2023, Council adopted the FY2024 Budget which included freezing two vacant positions, one public works employee and one police officer, in an effort to fund compensation adjustments within entry-level and middle ranks of the Vinton Police and Public Works Departments, while also providing additional time for Administration to monitor budgeted revenues and concerns of a possible recession. Town staff is now recommending the unfreezing of the two positions to fully staff the departments once again given that revenues continue to be stable and the job market has loosened up with regards to potential viable candidates to fill the previously vacant positions. Unfreeze a position in the Public W orks and Police Departments 1. Unfreeze Equipment Operator I Position. 2. Unfreeze Certified Officer Position. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, OCTOBER 3, 2023, AT 6:00 P.M., BY ELECTRONIC COMMUNICATIONS PURSUANT TO SECTION 15.2-1413, CODE OF VIRGINIA (1950), AS AMENDED WHEREAS, On June 6, 2023, Council adopted the FY2024 Budget which included freezing two vacant positions, one public works employee and one police officer, in an effort to fund compensation adjustments within entry-level and middle ranks of the Vinton Police and Public Works Departments, while also providing additional time for Administration to monitor budgeted revenues and concerns of a possible recession; and WHEREAS, Town staff has recommended the unfreezing two positions to fill critical operational needs within the organization and provide service delivery to its citizens; and NOW, THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby authorize the following changes to enact the items listed: 1. Unfreeze Equipment Operator I Position. 2. Unfreeze Certified Officer Position. This Resolution adopted on motion made by _______________, seconded by _________________, with the following votes recorded: AYES: NAYS: APPROVED: ______________________________ Bradley E. Grose, Mayor ATTEST: _____________________________________ Antonia Arias-Magallon, Town Clerk Meeting Date October 3, 2023 Department Town Council Issue Consider adopting a Resolution to appropriate funds of $1,500 as a donation to support exterior fencing for the Boys and Girls Club playground. Summary Vinton Baptist Church established a Planning Committee to construct a playground for the Boys and Girls Club afterschool program that is based within the church. The playground will be built adjacent to Vinton Baptist Church on Poplar Street and will also be available to the general public. The playground will require an exterior fence and the Committee is seeking additional donations to purchase and install the fencing. Attachments Resolution Recommendations Motion to adopt Resolution Town Council Agenda Summary RESOLUTION NO. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, OCTOBER 3, 2023 AT 6:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179. WHEREAS, The Boys and Girls Club operates an afterschool program in the Town of Vinton; and, WHEREAS, The Boys and Girls Club is receiving a new playground that will be built adjacent to South Poplar Street; and, WHEREAS, The Boys and Girls Club’s new playground will also be open to the general public; and, WHEREAS, a Planning Committee in Vinton is seeking donations to assist with the purchase and installation of an exterior fence that is necessary to be built around the playground; and, WHEREAS, the Town wishes to appropriate funds for $1,500.00 as a donation from the Town Council Community Contributions account 10011104-507000 to assist with the construction of the fence. NOW, THEREFORE, BE IT RESOLVED that the Council of the Town of Vinton, Virginia does hereby approve the following transaction: This Resolution adopted on motion made by __________, seconded by _______________ with the following votes recorded: AYES: NAYS: APPROVED: _______________________________ Bradley E. Grose, Mayor ATTEST: ______________________________________ Antonia Arias-Magallon, Town Clerk