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HomeMy WebLinkAbout3/16/2010 - RegularBradley E. Grose, Mayor Robert R. Altice, Councilmember Carolyn D. Fidler, Councilmember Matthew S. Hare, Councilmember William "Wes" Nance, Councilmember PIWEM il - - A 0 r Zg i7N U-11111KI I at • V LYM k1j U imp, AGENDA Consideration of: B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG Iff-&-ldzion. Vinton Municipal Building 311 South Pollard Stre6t Vinton, VA 24179 (540) 983-0607 1. Request to Approve Minutes for Regular Meeting of February 16, 2010 E. AWARDS, RECOGNITIONS, PRESENTATIONS 1. Officer of the Month for February, 2010 - Police Officer Paul Harris 2, Roanoke Valley Economic Development Partnership Annual Report - Beth Doughty F. CITIZENS' COMMENTS AND PETITIONS 1. Set Real Estate Tax Rate for Calendar Year 2010 - Proposed Ordinance No. 898 Set Personal Property Tax Levy for Calendar Year 2010 - Proposed Ordinance No. 899 I. TOWN MANAGER 1. Request to Allocate Funding to Pay for Two Damaged Light Poles in the War Memorial Parking Lot - Proposed Resolution No. 1860 2. Request to Approve Health Department Lease Agreement — Proposed Resolution No. 1861 3. Non -governmental Agency Requests J. MAYOR K. COUNCIL L. ADJOURNMENT NEXT TOWN COUNCIL MEETING: Im NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. Reasonable 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. WORK SESSION 1. Report on Law Enforcement Data Sharing — Police Captain Ben Cook N MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, FEBRUARY 2, 2010, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA, MEMBERS PRESENT: Bradley E. Grose, Mayor Robert R. Altice Carolyn D. Fidler Matthew S. Hare William W. Nance STAFF PRESENT: Chris Lawrence, Town Manager Darleen Bailey, Town Clerk Mary Beth Layman, Special Programs Coordinator Anita McMillan, Planning Director ME= A. 7:00 P.M. — Roll Call and Establishment of a Quorum B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG D. CONSENT AGENDA 1. Approval of Minutes: Regular Meeting of December 15, 2009 E. AWARDS, RECOGNITIONS, PRESENTATIONS F. CITIZENS' COMMENTS AND PETITIONS G. TOWN ATTORNEY H. TOWN MANAGER I. MAYOR J. COUNCIL K. ADJOURNMENT WORK SESSION 1 Petition of William Walker for a request to rezone the property located at 602 3rd Street, tax map number 60.15-5-1, from R-B Residential Business District to GB General Business District. 2, Petition of Jeanie Harper for a Special Use Permit (SUP) to operate a Family Day Care Home, located at 119 Franklin Avenue, tax map number 60,19-5-10. 1 Petition of Evette Bennett for a Special Use Permit (SUP) to operate a Family Day Care Home, located at 303 Ashley Court, tax map number 61 . 13-1-33.03. 4. The proposed amendment to the Town of Vinton Comprehensive Plan to incorporate the Vinton Area Corridors Plan. 5. Special Events Policy Mayor Grose called the regular meeting to order at 7:00 p.m. Following roll call, William Booth gave the invocation and Mr, Altice led the Pledge of Allegiance to the U.S. Flag. The Consent Agenda was approved on motion by Mr. Nance and seconded by Ms. Fidler, with all in favor. Mayor Grose welcomed the new Council Member, Matt Hare and commented that he would be a great asset to Town Council. Mayor Grose thanked the Public Works Department for the great job they did removing snow from the Town's streets and buildings during the previous weekend's snow storm. Mr. Altice commented that the construction of the Veterans Monument seemed to be going well, Mary Beth Layman gave a brief construction update, Mayor Grose adjourned the regular meeting at 7:15 p.m. WORK SESSION Roll call, invocation and Pledge of Allegiance to U.S. Flag. Proposed Amendment to the Town of Vinton Comprehensive Plan to Incorporate the Vinton Area Corridors Plan (work session agenda amended to move item number 4 to item number 1) Lindsey Blankenship with Roanoke County Community Development and the Project Manager, gave a presentation on a proposed amendment to the Town's Comprehensive Plan to Incorporate the Vinton Area Corridors Plan (VACP). She advised that the VACP is a joint effort of the Roanoke County Planning Staff, Vinton Staff, the Roanoke Valley Alleghany Regional Commission and the Virginia Department of Transportation Salem District staff. Ms. Blankenship gave a brief overview of the process that began in the fall of 2008: 1 A community survey was completed from the middle of January 2009 through the end of February 2009 2. One-on-one business owner interviews took place from December 2008 through the end of February 2009 and Town of Vinton staff gave a presentation to the Vinton Area Chamber of Commerce during their annual meeting 3. Town community meetings were held on January 20 and June 18, 2009 4. Several stakeholders meetings took place in the Vinton Community including Vinton Public works Department, Roanoke County Fire Marshal's Office, paid and volunteer personnel of the Vinton EMS, VIDOT and the Blue Ridge Parkway 2 5. Four work sessions were held with the Planning Commissioners and a joint staff -led tour of the Vinton study corridors took place to familiarize the Planning Commissioners with potential issues and opportunities during staffs inventory of the existing conditions. A copy of Ms. Blankenship's Powerpoint Presentation is attached as a part of the work session minutes. Ms. Fidler thanked Ms. Blankenship for her excellent presentation as well as all the other agencies that participated in the study. The other Council members echoed Ms. Fidler's comments. Phillip Thompson, with Roanoke County Economic Development, recommended that the County and the Town meet three or four times a year to determine what the priorities for the corridors should be and where to spend time and effort, Ms. Fidler asked him if staff would be adding information to the report that might come out of the meetings and Mr. Thompson replied that they would. Mr. Lawrence pointed out that all of the work done for the Corridor Study was done in-house by Town staff, Roanoke County staff and the Regional Commission. He noted that their work indicates how very bright and talented these employees are and because they did the work themselves, they will have a vested interest in its implementation, 3M a. Petition of William Walker for a request to rezone Property located at 602 Third Street, Tax Map Number 60.15-5-1, from R-B Residential Business to GB General Business b. Petition of Jeanie Harper for a Special Use Permit (SUP) to operate a Family Day Care Home, located at 119 Franklin Avenue, Tax Map Number 60.19-5- 10 C. Petition of Evette Bennett for a Special Use Permit to Operate a Family Day Care Home, located at 303 Ashley Court, Tax Map Number 61 A 3-1-33,03 Ms, McMillan reported that the Planning Commission held a public hearing on all of the issues on Wednesday, January 27, 2010. She noted that she and her staff had been working on the Family Day Care Ordinance since June of last year and it was adopted by Town Council in November. Ms. McMillan noted that her office had sent out letters to surrounding property owners for both Special Use Permit requests and the only response received was from Mr. Kasey and Mr, Banks who had advised that they are in favor of Ms. Harper's request. Ms. McMillan noted that she had also received a petition from Mr. Bennett's neighbors who advised that they have no objections to his request. Ms. McMillan pointed out to Council that, currently, day care homes in a residential district are allowed to care for from one to five children as a use by right and that a special use permit is required for day care homes with six to twelve children. She further pointed out that Ms. Harper cares for nine children and the Bennett's care for twelve children. Regarding the rezoning request, she advised that Mr. Walker had submitted several proffered conditions before the Planning Commissions public hearing. She went on to say that the Planning Commissioners felt that some of Mr. Walker's proffered conditions would put too many limitations on the property for any future businesses that might locate there. As a result, Mr. Walker amended his list of proffered conditions for uses that would not be allowed for the property. Ms. McMillan reported that Mr. Willie Leffell, owner of Temp-0-Matic, had informed the Planning Commission that he is in favor of Mr. Walker's requested rezoning and is very pleased with improvements made by Mr. Walker. She further reported that the requested rezoning would allow Patty Kiser, owner of "Two Peas in a Pod" to expand her business so that she will can remain in Vinton. Mr. Nance asked about the list of allowed uses for the GB General Business District compared with Mr. Walker's list of proffers. Ms. McMillan replied that there are 43 items listed as uses by right for General Business Districts. Mr. Nance asked if the staff knew of any additional limits needed for the property and Ms. McMillan replied that staff feels that the proffered conditions are sufficient. Mr. Nance commented that he would like to see as many uses for the property as possible but at the same time, since there are residential properties very close to Mr. Walker's business, he wanted to be assured that any uses would be conducive to the neighborhood. The Planning Director stated that her office did not receive any responses to the letters sent out to surrounding property owners. The Mayor thanked staff for encouraging Mr. Walker to add truck sales and service to the list of uses that will not be allowed for the property since there are residential properties close by that would be affected by the noise, the traffic and also the smells that would be created by this type of use. Mayor Grose also asked if the Planning Commission made their recommendation before or after Mr. Walker had submitted his proffered conditions and Ms. McMillan assured him that the Planning Commission made their recommendation after the proffers were submitted. Mr. Altice pointed out that the building is in better shape now than it was when it was first constructed. Referring back to the family day care home's requested SUPS, Mr. Nance asked about ways to enforce any violations of the permit that could occur. Ms. McMillan responded that if a violation does occur, a warning letter would be sent out and if the violation continues, staff could notify Social Services, the Town could revoke their permit or the issue could be taken to court. 4 Mr. Lawrence reported that there would be public hearings on all the issues at the February 15 th Council meeting. Special Events Policy Mr. Lawrence reported that work on a Special Events Policy began last year. He explained that the Town has had policies in place for special events for some time and that some were in writing while others were not. To reduce the Town's liability, a clearly written policy needs to be in place to specify how special events, road closures and alcohol related events are handled, . He went on to say that having a good policy in place will help in preventing future problems. Mary Beth Layman advised that a committee consisting of Consuefla Caudill, Mike Kennedy, Ben Cook, Beth Austin, Laura Reilly and herself had developed the Special Events Policy that was presented to Council at a work session several months ago. She stated that after she had added the items suggested by Council, she asked the Town Attorney to review the policy and make any needed changes. Ms. Layman added that Ms. Dillon did make a few small changes to the policy. She also pointed out that the Dogwood Festival Committee and the Vinton Chamber of Commerce were given copies of the proposed policy. Ms. Layman listed the approved location for events which are the Farmers Market; War Memorial Building and Grounds; stage in front of Municipal Building; downtown streets including Lee Avenue, portions of Walnut Avenue, North and South Pollard, portions of Maple Street, portions of Washington Avenue and certain streets identified for neighborhood block parties or neighborhood watch group meetings. Mr. Lawrence pointed out that there are a number of Town sponsored events that have been incorporated into the Town's budget. He also pointed out that block parties and neighborhood watch group events would fall under Town sponsored events category. Mayor Grose commented that he was very impressed with the thoroughness of the policy which touches on many issues he had been concerned with over the last year or so. He further commented that Town staff continues to turn out very professional documents and studies. Following a discussion on a one-time processing fee, Mr. Lawrence recommended deleting the fee. Mr. Nance asked if it would be possible to amend the policy if issues come up in the future and Mr. Lawrence replied that the policy can be brought back to Council on a yearly or as -needed basis. In reference to a question from the Mayor whether every event would have to come before Council to be approved, Mr. Lawrence replied that staffs recommendation would be for Council to approve the policy and then to authorize staff to handle the application and approval process. Mayor Grose agreed with this recommendation. Mr. Lawrence went on to say that if staff turns down a request, then it could be 5 appealed to Council. Mr. Nance questioned whether alcohol related events should be authorized by Council rather than staff. Mayor Grose responded that if Council has to decide on every alcohol event, they would probably have to have a political discussion about the decision every time a request is made. Ms. Fidler commented that it would be very difficult for Council to keep a level continuity so that everyone is treated the same. She went on to say that if there is a problem, staff would let Council know. Mr. Hare questioned how staff would keep objectivity and Ms. Fidler responded that staff has set rules to follow when considering a request. Mr. Lawrence added that the comprehensive Policy gives staff a road map and check list to follow which assures that everyone is treated the same. Ms. Fidler asked how the Town would respond if someone had an event and it was found that they did not comply with the rules set in the policy. Mr. Lawrence replied that the person or group would not be allowed to hold another event in the Town. He also stated that if it is found that rules are not being followed, the problem would be handled on -site by ABC officials or the Town's Police Department, or if necessary, the event would be shut down. Mr. Hare asked how requests would be handled from groups that are known to create problems, Mr. Lawrence replied that the Town would not allow them to hold an event in the Town. Mayor Grose stated that he had confidence that Town Staff and the Police Department can and will enforce all rules and regulations when special events take place in the Town. He added that he wanted to make sure that everyone is aware that the proposed policy would allow family events that serve alcohol. Ms. Fidler expressed concern that children and teenagers would be allowed to be present in the beer garden during family events. Mr. Lawrence advised that the policy requires that any group having an event would have to specify whether the event is a family event, whether it's an "Adults Only" event or whether those purchasing alcohol products would be segregated from everyone else. Ms Fidler added that she would like to see the organization having the event, be clearly visible and identifiable. Mr. Lawrence replied that should not be a problem, Mr. Nance reiterated his preference that elected officials have the final say as to whether an alcohol event is approved or not. Following a discussion on the number of police officers and public works people needed at an event, Mr. Altice commented that he felt the policy should be adopted and reviewed every year to determine whether or not it needed to be amended. Mr. Hare asked if the greenway could be added to the list of approved sites for events. It was a consensus of Council to add the greenway to the list of potential sites for events. Mr. Hare inquired as to whether staff should reserve the right to review any advertisements for events taking place on Town property. Mr. Lawrence responded that it might be beneficial to add this requirement to the policy. He added that he would ask the Town Attorney's opinion on the issue. 0 The Mayor asked for Council's opinion as to whether the elected body should approve applications for alcohol events or if they feel that staff should have this responsibility. Mr. Nance stated that he felt that the elected officials should be accountable for decisions on whether an alcohol event is approved. A question was asked about insurance requirements for small events such as block parties and neighborhood watch groups and Mr. Lawrence replied that the policy would be amended to state that these events would not be required to have insurance policies. In response to a comment about whether professional security officers would be required, Mr. Hare recommended that the policy be amended to specify whether security officers, police officers or monitors would be required. Mr. Lawrence replied that the policy would be amended to make this destinction. Mr. Lawrence noted that the Special Event Policy would be included on the February 16 th agenda, Mr. Lawrence advised Council that it would be helpful for staff if they could meet on the February 23rd at 6:00 p.m. to discuss Council's priorities for the upcoming budget. The Town Manager pointed out that the Town was approximately $15,000 in the red for the Town's snow budget at this point. He stated that, hopefully, there would be funds left over at the end of the year to cover the shortfall. The work session adjourned at 9:35 p.m. ATTEST: Darleen R. Bailey, Town Clerk Bradley E. Grose, Mayor W Vinton Police Department 311 SOUTH POLLARD STREET VINTON, VIRGINIA 24179 HERBERT G. COOLEY CHIEF OF POLICE PHONE f540) 983-0617 FAX (540) 983-0624 A State Accredited Agency March 5, 2010 To: Paul "Matt" Harris, Police Officer From: Herbert G. Cooley, Chief of Police Re: Officer of the Month Congratulations! You have been nominated and selected as Officer of the Month for the month of February 2010. On February 28 you had to "chase" down a speeding vehicle that attempted to elude you The driver attempted to jump quickly from his vehicle and flee on foot. You were able to control the driver with verbal commands and control his actions without further incident. The driver was an unlicensed juvenile and the vehicle had just been stolen from Roanoke City. At the time of recovery, the vehicle owner was not even aware that it had been stolen. CC: Chris Lawrence, Town Manager Beth Austin, HR Director Darleen Bailey, Town Clerk Mayor and Council Department Routing Real Estate Tax Rate for Calendar Year 2010 - Proposed Ordinance No. 898 ISSUE/PURPOSE: Set the real estate tax levy for calendar year 2010 after holding public hearing on the real estate tax rate. ACTION REQUESTED: Adopt Ordinance No. 898 JUSTIFICATION: Following the public hearing held on setting of the tax rate on the total real estate tax levy. The current rate is $.03 per $100.00 of assessed value. No change is being recommended, and a copy of proposed Ordinance No. 898 is enclosed for Council's consideration which sets the real estate tax rate for calendar year 2009 at $.03 per $ 100,00 of assessed value. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, MARCH 16, 2010, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. AN ORDINANCE TO PROVIDE FOR THE ANNUAL LEVY ON REAL ESTATE IN THj TOWN OF • VIRGINIA. WHEREAS, it is desirable of the Town of Vinton to collect real estate taxes semi- annually by June 5th and December 5th; and, WHEREAS, the annual levy is necessary to provide for the daily operation of various municipal departments of the Town of Vinton, and thus avoid creating an emergency. NOW THEREFORE, BE IT ORDAINED by the Council of the Town of Vinton that the tax levy for the calendar year 2010 on all real property and improvements shall be as follows: "All Real Estate shall be assessed at 100% of fair market value, local levy of THREE CENTS ($.03) per ONE HUNDRED DOLLARS ($100.00) of the assessed value for the calendar year 2009." BE IT FURTHER ORDAINED that a copy of this Ordinance be immediately forwarded by the Town Clerk to the Commissioner of Revenue for Roanoke County/Town of Vinton, and to the Finance Director/Town Treasurer of the Town of Vinton. Motion made by Councilman and seconded by Councilman with the following votes recorded: NAYS: UT240110TORN Bradley E. Grose, Mayor ATTEST: Darleen R. Bailey, Town Clerk Personal Property Tax Rate for Calendar Year 2009 - Proposed Ordinance No. 899 ISSUEIPURPOSE: Set the personal property tax levy for calendar year 2009. ACTION REQUESTED: Adopt Ordinance No 899 JUSTIFICATION: The current personal property tax rate is $1.00 per $100.00 of the assessed evaluation of all personal property excepting there from household furnishings, and 50% or $.50 per $100.00 of the assessed valuation of one motor vehicle owned and regularly used by a disabled veteran, subject to certain qualifications. No change is being recommended for calendar year 2009 and enclosed is a copy of proposed Ordinance No. 899 to provide for the annual levy on all personal property at $1,00 per $160 0-0 of the assessed evaluation of all personal property and $,50 per $100.00 of the assessed valuation of one motor vehicle owned and regularly used by a disabled veteran. AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, MARCH 16, 2010, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. AN ORDINANCE to provide for the annual levy on all personal property in the Town of Vinton, Virginia, and to provide for the annual levy on the classification of vehicles owned by disabled veterans, pursuant to § 58.1-3506 of the Code of Virginia (1950, as amended, and by the adoption of Ordinance No. 594 dated August 17, 1993 by the Vinton Town Council. WHEREAS, it is desirable of the Town of Vinton to collect personal property taxes by May 31, 2010; and, WHEREAS, the annual levy is necessary to provide for the daily operation of various municipal departments of the Town of Vinton, and thus avoid creating an emergency. NOW THEREFORE, BE IT ORDAINED by the Council of the Town of Vinton that a tax levy for the calendar year 2010 shall be one dollar ($1.00) per one hundred dollars ($100.00) of the assessed valuation of all personal property excepting therefrom household furnishings; and, BE IT FURTHER ORDAINED by the Council of the Town of Vinton that a tax levy for the calendar year 2010 shall be fifty percent (50%) or fifty cents ($.50) per one hundred dollars ($100.00) of the assessed valuation of one motor vehicle owned and regularly used by a disabled veteran, subject to certain qualifications; and, BE IT FURTHER. ORDAINED that a copy of this Ordinance be immediately forwarded by the Town Clerk to the Commissioner of Revenue for Roanoke County/Town of Vinton, and to the Finance Director/Town Treasurer of the Town of Vinton. Motion made by Councilman and seconded by, with the following votes recorded: NAYS: None Bradley E. Grose, Mayor ATTEST: Darleen R. Bailey, Town Clerk Staff Report / Explanation for reallocation of funds from Recoveries & Rebates (200.1901.001) to War Memorial Maintenance & Repairs (200.7103.350) This reallocation is based upon two separate accidents that took place in the parking lot of the Vinton War Memorial. The accidents are explained below: I. On July 1, 2009, a truck from THOR Construction Company backed into one of the parking lot light poles. The pole was severely dented and the glass cover plates fell to the ground and shattered. A replacement cost was obtained from IES Electric and submitted to THOR for insurance purposes. After a significant delay in hearing from THOR, VML was brought into the situation and reimbursed the Town of Vinton so that the light pole could be ordered and replaced. The replacement cost was $2,907.63, which was covered by VML and eventually reimbursed by THOR. 2. On September 11, 2009, a Public Works employee was turning around in the War Memorial parking lot in the large bulk truck. He thought he had enough clearance but rammed the front bumper into the concrete base of a light pole. The concrete was completely busted down to pavement level. The proper claims were filed with VML and the Town of Vinton was reimbursed the total cost minus the $1000 deductable. The total invoice was for $4,454.00. VML payment was received on February 16, 2010 for $3454.00. This total invoice of$7,361.63 has not yet been processed from the War Memorial operational budget. It was not understood that the reimbursement from VML would not go back into operational budget. Once the money is allocated to account #200.7103.350 this invoice will be paid, IES has been very understanding and has worked with us as we sorted through the various insurance companies and responsible parties. RESOLUTION NO. 1860 AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, MARCH 16, 2010 AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA 24179. WHEREAS, the War Memorial property received damage in two separate incidents to two light poles in the parking lot and, WHEREAS, the proper insurance filings and/or reimbursement was made on both claims and has been received into the Revenue Account — Recoveries and Rebates in the amount of $7,361.63 ) and, WHEREAS, in order that the invoice to IES Electric, the company who made the repairs to both light poles, can be processed, it is necessary for the Vinton Town Council to appropriate the funds from the Revenue Account 200.1901.001 — Recoveries and Rebates to the War Memorial Operating Budget Account Number 200.7103.350 Maintenance and Repair of Building. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby approve the following accounting transaction and authorizes the Town Manager to pay the IES Electric Invoice for the completion of the work on the two repaired light poles at the Vinton War Memorial. FROM: 200.1901.001 Recoveries and Rebates $7,361.63 Im 200.7103.350 War Memorial — Mnt & Repair —Bld $7,361.63 Motion made by Councilman , seconded by Councilman , with the fallowing votes recorded: I'M= NAYS: FRIBIRWIMM Bradley E. Gross ATTEST: Darleen R. Bailey, Town Clerk ACTION NO: Reso. 1861 ITEM NO: i.-2 TO: Town Council FROM: Christopher S. Lawrence, Town Manager DATE: March 11, 2010 SUBJECT: Roanoke County/Town of Vinton Health Department Building Lease ISSUE/PURPOSE: The Town of Vinton was notified in the fall of 2009 that the Environmental Services Division of the Virginia Department of Flealth would be vacating the I" floor of the Vinton Roanoke County Health Department Building. They have relocated to a consolidated office on Williamson Road, in Roanoke City. This has left a vacant portion of the building. Town staffhas worked closely with VDI-1 and their real estate division in Richmond to negotiate a new lease that includes the basement floor of the building for occupancy of their Women and Children Services (WIC). The lease is for one year and month to month following next January 2011. The lease rate is $19,228 per year for 3,344 square feet. VDH will continue to pay for 100% of all utilities except electricity until such time that a new tenant is secured for upstairs. This includes janitorial, water/sewer, phone/internet, and 70% of electrical bill. The town will cover 30% of the electrical bill to cover the upstairs maintenance of HVAC and minimal lighting. ACTION REQUESTED: Authorize the "Town Manager to enter into the included lease agreements. DATE ACTION NEEDED: March 16,2010 Attachment: Resolution No. 1861 AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD AT 7:00 PM ON TUESDAY, MARCH 16,2010, IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. WHEREAS; in 1986, the Town of Vinton entered into a fifteen year lease agreement with the Virginia Department of Health (VDH) for rental of the Town's building located at 227 South Pollard Street, containing 6,688 square feet, know as the Roanoke County/Vinton Health Department, the initial term of the fifteen years expired on July 31, 2001; and WHEREAS; the Town of Vinton and VDH negotiated a subsequent five-year lease from August 1, 2001 expiring on July 31, 2006; and WHEREAS; VDH has continued to lease the space on a month to month basis and has been a responsible and valuable tenant; and WHEREAS: a new one-year lease has been negotiated beginning on January 16, 2010 and terminating on January 31, 2011 at an annual rent of $19,228 to be paid in monthly installments of $1,602.34. WHEREAS; the new lease shall be for 3,344 square feet, which includes the entire basement level of the said property. NOW, THEREFORE, BE IT RESOLVED that the Vinton Town Council does hereby authorize the Town Manager, to execute the Deed of Lease between the Town of Vinton and Commonwealth of Virginia, by the Alleghany Health District, with approval of the Governor of Virginia for a one-year lease agreement of property located at 227 South Pollard Street, Vinton, Virginia. Motion made by AYES: NAYS: nun Bradley Grose, Mayor ATTEST: Town Clerk DGS-50-515 Revised 12116109 Lease No. Deed of Lease This DEED OF LEASE (the "Lease") is dated the day of 1 20_, between TO" OF VINTON, as Grantor ("Landlord"), and the COMMONWEALTH OF VIRGINIA, DEPARTMENT OF HEALTH, as Grantee ("Tenant"), with approval of the Governor pursuant to § 2.2-1149 of the Code of Virginia (1950), as amended. WITNESSETH I PREMISES. For and in consideration of the terms, conditions, covenants, promises and agreements herein made, Landlord leases to Tenant the following property or premises (the "Premises"), together with full rights of ingress and egress, in the Town of Vinton, Virginia. The Premises are more particularly described as: Suite consisting of approximately 3344 rentable squarefeet in the basement of the building located at 2.77 S. Pollard Street, Vinton, Virginia 24179 (the"Building') including_ non-exclusive parking places. A sketch of the floor plan of the Premises is attached hereto as Exhibit A. Landlord warrants that Landlord alone, at the time this Lease is executed, has the right to lease the Premises, without the consent of any other party. It is expressly understood and agreed that this covenant by Landlord constitutes a warrant, If Landlord does not have this right, then Tenant, in addition to any other remedy available at law or in equity, may immediately declare this Lease null and void from its inception and of no force and effect, without notice. In such event, no rent shall accrue or be deemed to have accrued for the term of this Lease, or for any part of the term. 2. USE OF PREMISES. The Premises are to be used and occupied by Tenant for general office or clinic use or for such Purpose or purposes as Tenant may now or hereafter be empowered or authorized by law to use same. . provided that such uses are consistent with the zoning regulations and ordinances applicable to the Building. 1 TERM. The initial term of this Lease (the "Initial Term") shall be one (1) year), beginning on April 1, 2010, (the the "Commencement Date") and terminating on March 31, 2011, (the "Termination Date"). The Commencement Date shall be confirmed by Landlord and Tenant by the execution of a written certificate of commencement of the Initial Term following occurrence thereof in the form attached hereto as Exhibit B., subject to the provisions of this Lease. Lease No. 4. RENT. (a) Tenant shall pay Landlord the sum of Nineteen Thousand Two Hundred Twenty- eight and 00/100 Dollars ($19,228.00) as rent (the "Base Rent") for the Initial Term, which shall be paid in arrears, in installments of One Thousand Six Hundred Two and 34/100 Dollars ($1,602.34), on the 10"' day of the subsequent month beginning on Max 10, 2010, and each month thereafter. The payment of all Rent (which includes Base Rent and any Additional Rent) shall be made payable to Treasurer, Town of Vinton and mailed to: Chris Lawrence, Town Manager 311 S. Pollard Street Vinton, Virginia 24179 or to such other person or entity or at such other address as Landlord may designate from time to time by written notice to Tenant. (b) Operating Expense Pass Through (i) Beginning with the Commencement Date and continuing throughout the Initial Term, any Option Terms, and any Renewal or Holdover terms thereafter, Tenant shall pay to Landlord, as Additional Rent in monthly increments, its pro rata share of annual operating expenses (-Operating Expenses-), as hereinafter defined. Landlord agrees to use its best efforts to minimize Operating Expenses through prudent business practices, and, when appropriate, Landlord will "comparative shop" for reasonable prices of goods, work, services, insurance, etc. Landlord shall be responsible for the direct and timely payment of all Operating Expenses, Tenant's pro rata share shall mean, with respect to expenses actually paid by Landlord allocable solely to the Premises, one -hundred percent (100%) of such expenses (exclusive of any such expenses that are paid directly by Tenant or are reimbursed by Tenant to Landlord pursuant to any other provision of this Lease), and, with respect to expenses actually paid by Landlord allocable to either the common areas of the Building or the entire Building, the proportion that the number of rentable square feet of the Premises bears to the aggregate number of rentable square feet in the Building. As of the Commencement Date, the aggregate number of rentable square feet in the Building is 6,688 and Tenant's pro rata share is 50%. Notwithstanding the foregoing, for the period of time that the remainder of the Building is vacant, Tenant shall pay: (1) for all water and sewer usage; and (2) seventy percent (70%) of the total electric bill for the Building, including heating and air conditioning. The electric service shall be in the name of the Town of Vinton. (ii) Intentionally Deleted. -2- Lease No. (iii) The term Operating Expenses means the following expenses incurred by Landlord with respect to the Building: electricity, fuel, water, sewer., gas, and including snow and ice removal. If Landlord's employees provide services connected to other properties controlled by Landlord in addition to the Building, then only those wages and benefits properly allocated to this Building shall be allocated to Operating Expenses. (iv) Operating Expenses shall not include any costs except those expressly set out in the preceding provision. Furthermore. Operating Expenses shall not include any expenses that are paid or reimbursed by Landlord's insurer, or that would have been paid by Landlord's insurer but for Landlord's failure to acquire and maintain fire and hazard insurance for the Building. Also, Operating Expenses shall not include late charges, interest charges or attorney fees on unpaid accounts, handling charges or penalties incurred by Landlord. (x,) For the Initial Term, Tenant shall pay to Landlord Additional Rent for Operating Expenses of Dollars (S ) per month, based on Landlord's estimated Operating Expenses, subject to subsequent adjustment as provided in item (vi). So long as this Lease shall remain in effect beyond the Initial Term, Landlord shall provide Tenant with its estimate of annual Operating Expenses for the upcoming lease year at least thirty (30) days prior to the next anniversary of the Commencement Date, and Tenant shall pay l/ 121h thereof each month as Additional Rent, subject to subsequent adjustment as provided in item (vi). Each installment of Additional Rent for Operating Expenses shall be due and payable at the same time as each monthly installment of Base Rent. Landlord shall send a monthly invoice for Additional Rent to Tenant at 1502 Williamson Road, Second Floor, Roanoke,, Virginia 24012, Attention: Administrator. If' Landlord fails to provide its estimate of Operating Expenses for the upcoming lease year in a timely manner, Tenant may continue to pay at the prior year's rate until such time as Landlord provides Tenant with notice at least thirty (30) days prior to a Base Rent payment date, but this delay shall not affect the obligation to settle -up as provided in item (vi) below. (vi) Landlord shall, on an annual basis, not later than sixty (60) days following each anniversary of the Commencement Date, provide Tenant with a detailed, itemized statement that describes all Operating Expenses for the prior lease year, Landlord shall also provide a statement confirming the ratio (as described above) that was applied to the Operating Expenses and the calculations used to arrive at Tenant's pro rata share. If this Lease is terminated other than on an anniversary of the Commencement Date, then Landlord shall provide a final statement within sixty (60) days of the termination date, based on the Operating Expenses incurred from the last anniversary of the Commencement Date to the date of termination. Based on this itemized statement and the amount actually paid by Tenant during the applicable year, Landlord shall reimburse Tenant, or Tenant shall pay Landlord, as the case may be, the amount due the other party, within forty-five days following delivery to Tenant of the itemized statement. Tenant and/or the M Lease No, Virginia State Auditor of Public Accounts shall have the right to audit Landlord's records relating to Operating Expenses and to require satisfactory evidence of payment of any and all Operating Expenses including copies of supporting tax bills, vouchers and invoices. (c) No security deposit shall be required. 5. POSSESSION AND CONDITION OF PREMISES. (a) Landlord shall deliver quiet possession of the Premises to Tenant on the Commencement Date and shall provide quiet enjoyment of the Premises to Tenant during the Initial Term, and any renewals or extensions thereof, (b) On the Commencement Date, Landlord shall deliver the Premises to Tenant in good repair, in compliance with all applicable building and occupancy codes, and in a condition suitable to the use for which it is leased. (c) Landlord, and its employees, agents and contractors, shall have the right to enter and pass through any part of the Premises, without prior notice, only in the case of an emergency. If Landlord, or Landlord's employees, agents or contractors, must enter the Premises in the case of an emergency, then as soon as practicable before or after such emergency entrance, Landlord, or Landlord's agent, shall contact Linda Newman (Telephone #540-283-5025). This contact person may be changed by proper notice to Landlord, (d) Landlord covenants that (i) the Premises and the Building are free of friable asbestos that is not managed under a management plan prepared by an Asbestos Management Planner licensed by the Virginia Department of Professional and Occupational Regulation; and (ii) any friable asbestos discovered in or on the Building or the Premises shall be promptly and properly removed by Landlord, at Landlord's sole expense, in compliance with applicable federal, state and local laws and regulations. . provided that, if the asbestos was introduced into the Premises by Tenant, the cost of the removal thereof shall be Tenant's expense. 6. MAINTENANCE. (a) Landlord warrants that on the Commencement Date, the Premises and all its equipment, including the plumbing, heating, ventilation and air conditioning equipment and systerns. (i) shall be in good repair and good working order; and (ii) free of termite or other pest infestation and damage. (b) Landlord shall equip the Premises and perform all alterations, replacements, improvements, decontamination, and additions to the Premises and the equipment upon the Premises, at Landlord's expense, as shall be necessary at any time during the Initial Term of this Lease, or any extension or renewal thereof, to comply with the provisions of federal, State and local laws and regulations pertaining to health, -4- Lease No, safety, public welfare, and environmental protection, including laws and regulations pertaining to asbestos, carbon monoxide, polychlorinated biphenyls, urea formaldehyde, lead paint., radon, petroleum product storage tanks, and freon, regardless of the effective date of law or regulation unless the Premises are grandfathered from such laws or regulations. This subsection shall not apply if the necessity for compliance with these laws arises from a grossly negligent or willful act of Tenant and its employees and Tenant is found by a court of competent jurisdiction to be liable for such acts under the Virginia Tort Claims Act, or the Commonwealth's Division of Risk Management consents that Tenant is so liable, (c) It shall be the sole responsibility and obligation of Landlord, at its expense and in accordance with applicable laws, technical publications, manuals and standard procedures, to (i) property maintain, repair and replace all the structural portions of the Premises, including foundation, sub -floor, structural walls and roof, as well as to keep the Premises and all equipment and non -trade fixtures, in good working order and to perform any required repairs, replacement and maintenance, and (ii) keep all plumbing, heating, air conditioning, electrical and mechanical devices., appliances and equipment of every kind or nature affixed to or serving the Premises in good repair, condition and working order. All equipment and systems shall be maintained to provide reliable, energy efficient service, without unusual interruption, disturbing noises, exposure to fire or safety hazards, uncomfortable drafts, excessive air velocities, or unusual emissions of dirt, The HVAC System shall meet the following standards: (i) Must allow for temperature maintenance of 68 degrees F in winter and 74 degrees F in summer months. As used herein, the word "repair" shall be deemed to include replacement of broken or cracked glass. (d) All other necessary or required maintenance, repairs and replacements to the Premises and common areas shall be the sole responsibility and expense of' Landlord, subject to the provisions of § 4(b). Landlord's maintenance responsibilities shall include the supply and replacement of all supplies, materials and equipment necessary for such maintenance. (e) Landlord shall not be obligated to make any repairs to the Premises due to damage caused by the negligent or willful acts of Tenant,, or its agents, employees, or contractors. (1) If Landlord fails to comply with any of its obligations under this § 6, or fails to keep, repair and maintain the Premises, including all plumbing, heating,, air conditioning, electrical and mechanical devices, appliances and equipment of every kind or nature affixed to or serving the Premises, in good repair, condition and ivorking order as provided in this Section, then Tenant, at its option and with written notice to Landlord, may either terminate this Lease and all obligations hereunder, or proceed to make, or cause to be made, such upkeep, repair and maintenance, at Landlord's expense. Tenant may deduct the cost thus incurred in fulfilling Landlord's obligations under this Lease from future Rent payments -5- Lease No. and/or may collect the cost from Landlord in any manner provided by law, Furthermore, Tenant shall be entitled to deduct from the Rent, or any installment thereof, the per them rental for each day that the Premises are rendered unsuitable for use as a result of the breakdown or malfunction of any equipment or structural element that Landlord has herein agreed to keep, repair, and maintain; provided, however, that this deduction from the Rent shall not commence until the first day after Landlord has been given notice (which may be oral') of the breakdown or malfunction. No notice of termination shall be given under this Section if Landlord has physically commenced such repairs or is causing such repairs to be made, and such repair work is being diligently and continuously pursued to completion in a good and work -manlike manner. For purposes of this provision, "unsuitable for use" shall mean that Tenant in its reasonable discretion has directed its non -essential staff to leave the Building or not report to work: (1) due to health or safety issues relating to the breakdown or malfunction, or (2) because the breakdown or malfunction makes the Premises non-functional for use as a clinic. (g) When and as snow and/or ice removal become necessary, Landlord shall promptly remove all snow and ice from all walkways, loading areas, common areas,, and parking areas, (h) Tenant shall have access to the Building 24 hours a day, 365 days a year. 7, DAMAGE OR DESTRUCTION OF THE PREMISES. (a) If the Building or the Premises are damaged by fire, lightning, windstorm, tornado, earthquake, civil disturbance, flood, acts of nature or other casualty loss, and, in the reasonable opinion of either the Landlord or Tenant, the Premises are thereby rendered substantially unteriantable or unusable, and cannot be rebuilt within a reasonable period of time, this Lease shall terminate, at the option of Tenant, effective on the date of the casualty, upon written notice to Landlord. (b) If (a) is not applicable and if the Building or the Premises are damaged by fire or otherwise, but in the reasonable opinion of Tenant are not rendered substantially untenantable and unusable, or may be rebuilt within a reasonable period of time, upon being notified to do so by Tenant, Landlord shall repair and restore the Building and the Premises as promptly as possible to their former condition, in which event there shall be a proportionate abatement of all Rent and other payments otherwise due to Landlord under the terms of this Lease, for the period during which the said repairs and restoration are being completed, for that portion of the Premises (including any Common Areas generally used by Tenant) not substantially usable by Tenant during such period. Landlord shall commence to make all repairs, replacement, restoration, or renovation as required in this subsection, or as otherwise required in this Lease where no other remedy is expressly provided, within a reasonable time after written notice to Landlord, and -6- Lease No. shall thereafter diligently pursue such repairs, replacement, restoration or renovation until completed. (c) Delay of Landlord and its insurer to reach an agreement on the extent of the work to be performed or the respective responsibilities of Landlord and its insurer relating to the cost of such work shall not constitute a reasonable basis for delay by Landlord in the performance of its obligations herein. If Landlord is willing to repair and restore the Premises, but is unable to do so in a manner that is substantially equivalent to the quality and condition of the Premises prior to the casualty, then, unless Landlord and Tenant shall agree on an appropriate reduction to the Rent or other concessions, Tenant shall have the right to terminate the Lease upon written notice to Landlord. 8. ALTERATIONS. Tenant, at its sole cost and expense, may make alterations and additions to the Premises as Tenant deems proper. Tenant, however, shall not make any structural alterations of the roof, foundation or exterior walls without the prior written consent of Landlord. Tenant, at its sole cost and expense, may install fixtures, partitions and make such other improvements as Tenant may deem proper. The title and ownership of materials used in such alterations and additions, and all fixtures, partitions, and other improvements made and/or installed by Tenant shall remain in Tenant. Upon termination of this Lease, Tenant may, at its option, remove the fixtures, partitions and other improvements made under this Section, in which event any damage to the Premises caused by removal, other than nominal damage (such as screw holes, bracket marks, etc.) shall be repaired by Tenant at its expense. If Tenant elects not to remove the improvements, it shall have no further responsibility for them or their removal, 9. UTILITIES AND SERVICES; INSURANCE; TAXES. (a) Landlord shall provide, at Landlord's expense subject to the provisions of Section 4(b), the following utilities and services for the Premises: heating and air- conditioning as conditions require, electricity, gas, water and sewer. Landlord shall provide, at Landlord's expense (as part of the Base Rent) trash removal from the exterior receptacles provided by Landlord. Landlord shall also provide, or permit Tenant or a telecommunications company to install, telecommunications connections from the public right of way through the Building to the Premises. Tenant shall pay for telephone/internet service. If Landlord or Landlord's agent interrupts, discontinues or causes the interruption or discontinuation of any of these utilities or services, then Tenant, in addition to any other remedy available tinder the law, shall be entitled to deduct from the Rent, or other payments otherwise due to Landlord under the terms of this Lease or any renewal or extension thereof. the per them rental for each day that the Premises are rendered unsuitable for use due to Landlord's failure to provide such utility or service. For purposes of this provision, "unsuitable for use" shall mean that Tenant in its reasonable discretion has directed its non -essential staff to leave the Building or not report to work: (1) due to health or safety issues relating to the interruption or discontinuation, or (2) because the interruption or discontinuation makes the Premises non-functional for use as a clinic. If the interruption is caused by -7- Lease No. Landlord's failure to pay the provider of the utility or service, resulting in the termination of the utility or services by such provider, then Tenant may pay the necessary amount directly to the provider, in which event Tenant shall be entitled to deduct from the Rent, or other payments otherwise due to Landlord under the terms of this Lease or any renewal or extension thereof, the amount of such payment to the provider. (b) Landlord shall be responsible for all real estate taxes or charges in lieu of taxes applicable to the Premises. (c) Landlord, at Landlord's expense, shall keep the Premises and the Building insured against damage by fire, lightning, windstorm, tornado, earthquake, civil disturbance, flood, acts of nature and casualty loss, under a broad form extended coverage or similar property loss policy. The policy shall cover at least eighty percent (80%) of the replacement cost of the Premises and the Building. In addition, Landlord shall maintain broad form general commercial liability insurance sufficient to ensure reasonable financial responsibility in the event of liability for injury, loss or damage at the Premises, the common areas and facilities, 10. CONDITION OF COMMON AREAS. Landlord, at Landlord's sole expense, shall maintain in a good, clean and safe condition, all common areas and common facilities, including all hallways, walkways, parking areas, and all related exterior lighting, to be used by Tenant in common with other tenants. If Landlord fails to maintain such areas or facilities in a good, clean and safe condition, or to make all repairs and/or improvements within a reasonable time after written notice, then Tenant may terminate this Lease or proceed to make repairs or improvements, pursuant to the provisions of Section 6(0. Tenant shall give to Landlord or its agents not less than fifteen (15) business days prior written notice before commencing with any such repairs or maintenance, except that no prior notice shall be required in any event in which the condition in need of repair or maintenance creates an unreasonable risk of injury to person or property. 11. ACCESSIBILITY BY PERSONS WITH DISABILITIES. (a) In addition to any other requirements or covenants in this Lease, and at all times during the Term, option and any renewal terms , Landlord covenants that, as to the Premises, the common areas and the parking facilities of the Building, it has fully complied, or will comply, to the fullest extent required by law., with; the facilities accessibility laws, regulations and standards required by the "Americans With Disabilities Act of 1990", including Titles 11 and III thereof, and the regulations and standards promulgated thereunder, including the regulations promulgated by the U.S. Department of Justice (28 CFR Chapter 1, Part 36 and the Standards for Accessible Design Pt. 36, App. A -entitled "ADA Accessibility Guidelines for Buildings and Facilities"), as amended, and &Z Lease No. (ii) the minimum requirements of the Virginia Uniform Statewide Building Code (VUSBC), Volume I -New Construction, as amended, pertaining to access by the physically handicapped and aged persons, including Chapter 11 ("Accessibility") of said VUSBC, which, in part, incorporates the regulations and ret`crenced standards of the U.S. Department of Justice identified above. To the extent the minimum requirements of the VUSBC are more restrictive than applicable federal requirements, the more restrictive of the two shall control. Landlord further covenants that, following the date of execution of this Lease, all alterations of the Premises and common areas, including parking facilities, shall be undertaken by Landlord in such a manner that the ADA and the regulations and standards promulgated thereunder and the VUSBC are fully complied with to the extent required by law and as herein provided. Tenant may discover that an element of the Premises, or the construction or design of the Premises, as well as the other facilities areas noted above, or alterations thereto, are not in compliance with the requirements herein set forth, including the referenced standards or guidelines pertaining to the ADA. In such event, Tenant shall promptly notify Landlord (or Landlord's agent) in writing detailing both the requirement and the noted deficiency and specifying the action required to bring about compliance. Should Landlord fail within thirty (30) calendar days following such notice to comply or to propose in writing an alternative for compliance that Tenant deems acceptable, or, alternatively, fail to convince Tenant that compliance is not required, either because such accommodation as would otherwise be required would constitute an undue hardship when measured against the financial resources of Landlord or because the facilities are nevertheless accessible and usable by individuals with disabilities, then Tenant may terminate this Lease by giving three months' written notice to Landlord. (b) The foregoing provisions of this Section, as applied to Landlord, shall not apply to trade fixtures used or installed by Tenant or Tenant's layout of such trade fixtures. 12. DISCLOSURES; NON -WAIVER; APPROPRIATIONS. (a) Landlord understands and acknowledges that Tenant is an agency of the Commonwealth of Virginia and with respect to tort liability for acts or occurrences on or about the Premises, including product liability, the Commonwealth and Tenant are either (i) constitutionally immune (or partially immune) from suit, judgment or liability, (ii) insured, or (iii) covered by a financial plan of risk management that is in the nature of sell' -insurance, all as determined by applicable laws, government policies and practices. 0 Lease No. (b) Landlord understands and acknowledges that Tenant has not agreed to provide any indemnification or save harmless agreements running to Landlord. No provision, covenant or agreement contained in this Lease shall be deemed to be a waiver of the sovereign immunity of the Commonwealth of Virginia or Tenant from tort or other liability. (c) This Lease shall be governed by. and construed according to, the laws of the Commonwealth of Virginia. The parties choose the City of Roanoke, Virginia, as the venue for any action instituted pursuant to the terms of this Lease. (d) Notwithstanding any other provision of this Lease, if Tenant shall cease to exist, and is not replaced by a successor entity with similar powers and purposes, or its powers and authority are limited so as to not permit the continued use of the Premises for the purpose and use for which same are leased, then this Lease and all responsibility or obligations of Tenant under this Lease shall terminate. In such event, Tenant will endeavor to give as much notice as is reasonably possible of the event triggering the termination of this Lease and the anticipated termination date, but failure to give such notice shall not affect the termination. (e) Agencies of the Commonwealth of Virginia cannot expend funds unless appropriated by the Virginia General Assembly and may not obligate a future session of the Virginia General Assembly. Therefore, notwithstanding any provision in this Lease to the contrary, if any session of the Virginia General Assembly fails to appropriate funds for the continuance of this Lease, this Lease and all obligations hereunder shall automatically terminate upon depletion of the then currently appropriated or allocated funds. 13. REPORT OF OCCUPANCY. (a) Tenant shall, within fifteen (15) days after receipt of a written request by Landlord, submit to Landlord, or its designee, a written Deport of Occupancy specifying: (i) the date of possession of the Premises by Tenant and the date on which the Lease terminates, (ii) whether this Lease is in full force and effect, (iii) the annual Base lZent, (iv) whether there have been any modifications to the Lease, and if there have been, a description of all such modifications, and, (v) whether Tenant has knowledge of any default hereunder on the part of Landlord, or if it does have such knowledge, a description of any such default. (b) The issuance of a report requested under subsection 13(a), or any errors or omissions in such report: (i) shall not operate as an estoppel against either the Commonwealth of Virginia or Tenant, (ii) shall not form or provide any basis for liability against the Commonwealth or Tenant, and (iii) shall not operate as a waiver of any rights or defenses that may be available to the Commonwealth or Tenant either at that time or in the future, M Lease No. 14. CONDEMNATION. (a) Landlord shall give immediate notice to Tenant of any discussions, offers, negotiations or proceedings with any party regarding condemnation or taking of any portion of the Premises, (b) If any portion of the Premises or any portion of the Building is taken by eminent domain or sold to the holder of such power pursuant to a threatened taking (exclusive of takings that, in the reasonable discretion of Tenant, do not materially adversely affect the use and enjoyment of the Premises by Tenant), this Lease shall terminate effective as of the date of the taking. The date of taking shall be the earlier of: (i) the date on which title vests in the condemning entity or (ii) the date on which the condemning entity takes possession. In the event of a taking, Tenant assigns to Landlord any rights that Tenant may have in and to any portion of a condemnation award, but such an assignment shall exclude any portion that may be due for, or attributed to, Tenant's fixtures, moving expenses and allowances. If the taking does not materially adversely affect the use and enjoyment of the Premises by Tenant, and so this Lease is not terminated, Base Rent shall be equitably adjusted to compensate Tenant for any adverse affect of the taking and Additional Rent shall be adjusted appropriately. 15, SUBORDINATION, NON -DISTURBANCE, AND ATTORNMENT. Upon request by Landlord, Tenant agrees to execute a Subordination, Attornment and Non -Disturbance Agreement that substantially conforms to Exhibit C, attached hereto. Any modification thereof shall be subject to approval by Tenant and the Office of the Attorney General of Virginia. 16. SIGNAGE. Landlord, at its expense, shall provide building standard signage listing Tenant on the Building directory and at the entrance to Tenant's suite. 17. TERMINATION, RENEWAL, AND HOLDOVER. (a) Termination. Unless otherwise terminated herein, either party may elect to terminate this Lease at the end of the Initial Term, A written notice of sixty (60) days shall be given by the party desiring to terminate this Lease at the end of the Initial Term or at the end of any month thereafter; and in the event no such notice is given by either party, then this Lease shall continue in force from month to month at the same monthly rental and subject to all the terms, conditions and covenants contained in this Lease. (b) Renewal. This Lease shall automatically renew and continue from month to month ("Renewal Term") on the same terms and conditions as existed immediately prior to the commencement of the Renewal if neither party has given a timely notice of termination as provided in (a) above, Lease No. (c) Holdover, If Tenant continues to occupy the Premises after the termination date specified in a proper notice to terminate as provided in (b) above ("Holdover"), such Holdover shall be deemed a tenancy from month -to -month upon the same terms and conditions as existed immediately prior to the commencement of the Holdover. Either party may terminate such holdover upon providing a thirty (30) day prior written notice to the other party. (d) Condition of Premises. At the termination of this Lease, Tenant shall peaceably deliver the Premises in the same condition as originally accepted, except for damage by accident or fire, reasonable 4vear and tear, and subject to any provisions herein to make repairs and restoration. (e) Postiru-, of Notice. After notice of termination has been properly given by either party, Landlord may elect to post a notice that the Premises are available for lease. Landlord may show the Premises to prospective tenants only during Tenant's normal business hours, with prior notice to Tenant and in Such a manner so as not to disturb Tenant's operations. 18. NOTICES. (a) All notices (except as provided in § 17(e)) to Tenant required or permitted under this Lease shall be given in any manner set out in subsection (c) of this Section, to Tenant addressed to: Virginia Department of Health Director of Office of Purchasing and General Services 109 Governor Street, 12 1h Floor Richmond, Virginia 23219 with a copy to: Division of Real Estate Services Attn: Director I I I I E. Broad St., 2 "d Floor Richmond, VA 23219 (b) All notices to Landlord required or permitted tinder this Lease shall be given in any manner set out in subsection (c) of this Section, to Landlord addressed to: County Manager Town of Vinton ' )I I S. Pollard Street Vinton, Virginia 24179 (c) Wherever a notice is required under this Lease, notice shall be deemed to have been duly given if in writing and either: (i) personally served; (ii) delivered by -12- Lease No. prepaid nationally recognized overnight courier service; or (iii) forwarded by Registered or Certified mail, return receipt requested, postage prepaid. I -Each such notice shall be deemed to have been given to or served upon the party to which addressed on the date the same is received by the party or delivery is refused, Hach party to this Lease shall notify the other party of a new address at which to mail notices, which notice shall be given in the manner provided above, and unless and until Such notice of new address is given, notices to a party hereto shall be sufficient if mailed to such party's address as specified in this Section. (e) Where notice is sent by an alternative method, the notice shall be effective if actually received by the party, or its appointed agent, to whom the notice is addressed. 19. BINDING EFFECT; AMENDMENTS. The covenants, agreements, and rights contained in this Lease shall bind and inure to the respective heirs, personal representatives, successors and assigns of Landlord and Tenant, This Lease constitutes the entire, full and complete understanding and agreement between Landlord and Tenant, and all representations, statements, warranties, covenants, promises or agreements previously made or given by either party to the other are expressly merged into this Lease and shall be null, void and without legal effect. Neither party, nor any agent of either party, has any authority to alter, amend or modify any of the terms of this Lease, unless the amendment is in writing and executed by all parties to this Lease with the same formality as this Lease. This Lease shall not be effective or binding unless and until signed by all parties and Tenant obtains the recommendation of the Virginia Department of Health and the approval of the Governor of Virginia, or his designee, as required by § 2.2-1149 of the Code of Virginia (1950), as amended. 20. DEFAULT. (a) The termination of this Lease by Tenant pursuant to the provisions contained herein shall not be a default hereunder. (b) If either party shall breach any provision of this Lease, the non -breaching party shall give written notice thereof to the breaching part),, The breaching party shall have thirty (30) days from the receipt of the notice to cure the breach and, if not SO cured, the non -breaching party may, at its option, exercise such rights as may exist at law or in equity, except that Landlord shall not take possession of the Premises by any self-help remedy. The provisions of this subsection shall not be construed as imposing any additional obligations on the non -breaching party to the extent that this Lease permits the non -breaching party to take certain actions as a result of a breach by the other party. 21. - PRESUMPTIONS. No presumption shall be created in favor of or against any of the parties to this Lease with respect to the interpretation of any term or provision of this Lease due to the fact that this Lease, or any part hereof, was prepared by or on behalf of one of the parties Lease No, hereto, as may be evidenced by the disclosure on the face of this Deed of Lease made pursuant to Virginia Code § 17.1-223. 22. ASSIGNMENT. Tenant may not assign this Lease, or sublet the Premises, without the written consent of Landlord, which consent shall not be unreasonably withheld or delayed, except that Tenant may assign this Lease to an), other agency of the Commonwealth of Virginia without Landlord's consent, pursuant to the terms of § 2, 23. HEADINGS. The heading of the sections of this Lease are inserted for convenience only and do not alter or amend the provisions that follow such headings, 24. ADDITIONAL PROVISIONS. This Lease is subject to the following terms, conditions, modifications, additions and/or deletions provided in the following designated attachments, exhibits and riders, which are hereby incorporated into this Deed of Lease: Exhibits: A Floor Plan B Certificate of Lease Commencement C Subordination., Attornment and Non -Disturbance Agreement IN WITNESS WHEREOF, the parties hereto have affixed their signatures and seals, LANDLORD: TOWN OF VINTON By: Title: CITY/COUNTY OF , to wit: The foregoing Deed of Lease was acknowledged betore me this day of 20_ by acting in his/her capacity as of the Town of Vinton on behalf of the town. My commission expires: Registration No. Notary Public -14- Lease No. TENANT: COMMONWEALTH OF"VIRGINIA DEPARTME-N'r OF HEALTH By: Title: COMMONWEALTH OFVIRGINIA CITY/COUNTY OF , to wit: The foregoing Deed of Lease was acknowledged before me this day of 20_ by acting, in his/her capacity as of the Commonwealth of Virginia, Department of Health, on behalf of the agency. My commission expires: Registration No. Notary Public RECOMMEND APPROVAL: DEPARTMENT OF GENERAL SERVICES By: Director APPROVED BY THE GOVERNOR: Pursuant to § 2.2-1149 of the Code of Virginia (1950), as amended, and as the official designee of the Governor of Virginia, as authorized and designated by Executive Order 88 (01) dated December 21, 2001. 1 hereby approve the acquisition of the Premises pursuant to this Deed of Lease for and on behalf of the Governor of` Virginia. Secretary of Administration Date M to ma`s {� tJ L�► C..: 1`,�1J i L... �_ 711�.1G 1�� � r i � � ` '��., T )-J e w we - Li -is,I ti +71 IT 141 4,' fu too too -�01.i f�t�c' aq'_•T � a ice in �...� ?a ,t 1L .� no c �-Sii 1i&t! H i 1 .t ) { - + iis r Lease No. EXHIBIT A (see attached) Keg CERTIFICATE OF LEASE COMMENCEMENT This Certificate of Lease Commencement, dated 20 —, is entered into by and between the TOWN OF VINTON, as Landlord, and the COMMONWEALTH OF VIRGINIA, DEPARTMENT OF HEALTH, as Tenant, the parties to a certain Deed of Lease (the "Lease") demising certain premises (the "Leased Premises") located in the Town of Vinton, Virginia, which are more full), described in said Lease dated The undersigned Landlord and Tenant do hereby declare and confirm that the Tenant has accepted the Leased Premises effective as of the day of 20—, and agree that the Initial Term of the Lease shall commence on the day of , 20—, and terminate on the day of , 20—. The undersigned do hereby further confirm that the Leased Premises contain square feet., more or less, of rentable floor area and that the annual rent shall be as specified in the Lease. All other provisions in the Lease shall remain unchanged and in full force and effect. Tenant does hereby declare and confine that the work required by Landlord under the Lease has been completed by Landlord and accepted by Tenant and the undersigned do hereby declare and confirni that the Lease is in full force and effect. LANDLORD: TOWN OF VINTON By: Title: TENANT: COMMONWEALT14 OFVIRGINIA DEPARTMENT OF HEALTH By: 11, itle: SUBORDINATION, ATTORNMENT AND NON -DISTURBANCE AGREEMENT This SUBORDINATION, ATTORNMENT AND NON -DISTURBANCE AGREEMENT is dated 20_ by and between ("Lender"), ("Landlord") and the COMMONWEALTH OF VIRGINIA, DEPARTMENT OFIJEALTH (""Tenant''). WHEREAS, by Deed of Lease (the "Lease"), dated 20 Landlord demised certain property described as (the "Premises") to the Tenant; and WHEREAS, Lender is secured by a Deed Of Trust (the "Deed of Trust") upon certain property, of which the Premises forms a part (the "Property"), described in Exhibit A, which exhibit is attached hereto and made a part hereof-, and, WHEREAS, Lender has requested that Tenant execute a subordination and attornment agreement and Tenant has agreed upon the condition that it simultaneously be provided with certain assurances that its tenancy under the Lease will not be disturbed. NOW, THEREFORE., for and in consideration of the respective and mutual agreements herein set forth the parties agree as follows: - Lender hereby expressly agrees that as long as Tenant or its lawful successors or assigns shall continue to pay the rent as provided for in the Lease and otherwise comply with the terms and provisions thereof, neither Lender nor its successors or assigns shall disturb Tenant or its lawful assigns in its quiet possession of the Premises during the term of the Lease. Lender further agrees that the lien of the Deed of Trust shall not cover any of Tenant's fixtures, alterations or improvements which Tenant, under the terms of the Lease, is permitted to remove from the Premises. Tenant agrees that its rights under the Lease shall be subordinated to the lien of the Deed of Trust provided that Tenant's tenancy shall not be disturbed nor shall the Lease be affected by any default Linder the Deed of Trust. Tenant further agrees that, in the event of a foreclosure or other enforcement of the Deed of Trust, or sale in lieu thereof, it will attorn to any purchaser of the Property of which the Premises farm a part, and recognize such purchaser as Landlord Linder the Lease upon the then executory terms and conditions of the Lease for the remainder of the term of the Lease, provided that such purchaser shall then be entitled to possession of the Premises subject to the provisions of the Lease. IN WITNESS WHEREOF, the parties have affixed their signatures and seals. Ewa 01 By: Name: Title COMMONWEALTH OF VIRGINIA CITY/COUNTY OF . to wit: The foregoing Subordination, Non -Disturbance and Attornment Agreement was acknowledged before me on the _ day of 20_, in the jurisdiction aforesaid, by as of (name of Lender). My commission expires: Registration number: a Virginia By: Name: Title: Notary Public 0 COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to wit: The foregoing Subordination, Non -Disturbance and Attornment Agreement was acknowledged before me the day of 20_, in the jurisdiction aforesaid, by as of a Virginia on behalf of the limited liability company. My commission expires: Registration number: Notary Public TENANT: COMMONWEALTH OF VIRGINIA DEPARTMENT OF HEALTH By: Director COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to wit: The foregoing Subordination, Non -Disturbance acknowledged before me on the _ day of aforesaid., by , as Commonwealth of Virginia, Department ofl-lealth. My commission expires: Registration Number: and Attornment 1 20 in Notary Public Agreement was the jurisdiction of the -3- Fv2W10'2811Request for funding Joint Local Gov't Services Amount Ant. Name FY10/11 FY08/ O FY08/ O The Regional Commission $5.508 N/A $5.480 Roanoke Valley GneeOways $3.300 $3,300 $3.300 Roanoke Regional Partnership $14.409 $16.010 $16.010 Revised per email from T7Nnn3-4-2O10 /\EPSteering Committee $1.300 $1.300 $1.300 Roanoke Valley CATV $12.730 $12,736 $12.736 Franklin County Contribution bzRoanoke River $1`000 $1.000 $1.000 TOTAL $38.253 $34.346 $39.826 FY 2010/11Request for Community Contributions Vinton Dogwood Festival $2.000 $2.000 $2.000 Blue Grass Festival N/A $2'000 $O Chamber ofCommerce $10.000 $10.000 $9.000 Vinton Historical Society/Museum $10.000 $10.315 $1.500 Rebuilding Tog e{her8NUddchgngers $2.800 N/A N/A Revised per email from T7Non3-4-20Y0 °Mayor Bowers request Virginia Economic Bridge $500 $1'000 $O Vinton First Aid Crew $20.000 $20.000 $17.000 Vinton Volunteer Fire Department $18,000 $21.000 $17.000 Youth Sports RegonKion NIA $500 $500 Clean Valley Awards $300 $500 $500 ° Anita said could not dothis anymore Mayors Christmas Parade Awards N/A $200 $200 Needy Family N/A $400 $400 Vinton Jr. Miss N/4 $1.000 $1.000 The Advancement Foundation N/A $2'000 $O Manna Ministries N/A $2,500 $0 TOTAL $64,600 $73,415 $49,100 FY 2010/11 Dues and Subscriptions Virginia Institute of Government $500 $500 $500 VML $4,755 $4,774 $4,774 Vinton Chamber of Commerce $250 $250 $250 Roanoke Chamber of Commerce $290 $290 $290 Better Business Bureau NIA $400 $0 Roanoke Valley Convention and Visitor Bureau N/A $1,500 $0 TOTAL $5,795 $7,714 $5,814