VA - Roanoke: Council Agenda and Reports

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Council Agenda and Reports

Please click the links below to access the Council Agenda and Reports:

City Council Agenda And Reports

CAR 02-05-18.PDF MINS 01-16-18.PDF

City Council Agenda

AG 02-05-18.PDF NOTICE:

The Full Agenda consists of scanned images of only those reports and communications submitted to the City Clerk before the deadline established for such agenda and will not include any matter or item brought before Council for consideration at the meeting.

The original documents are available for inspection in the Office of the City Clerk, Room 456 Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia 24011.
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To receive the City Council agenda (without reports) automatically via e-mail, contact the Office of the City Clerk at clerk@roanokeva.gov or (540) 853-2541. The records of City Council and City Clerk's Office will be maintained pursuant to Section 42.1-82 of the Code of Virginia (1950), as amended, and the Commonwealth of Virginia, Library of Virginia Records Management and Imaging Services Division, Records Retention and Disposition Schedules, for compliance with Guidelines provided by the Library of Virginia.

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Documents:

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Documents:

ROANOKE CITY COUNCIL INFORMAL SESSION CITY COUNCIL CHAMBER ROOM 450 AGENDA

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Call to Order -- Roll Call Welcome. Mayor Sherman P. Lea, Sr.

NOTICE This morning meeting and briefing will be televised live and replayed on RVTV Channel 3 following the 2:00 p.m. session on Thursday, February 8 at 7:00 p.m.; and Saturday, February 10 at 4:00 p.m.; and video streamed through Facebook Live at facebook.com/roanokecitycouncil. Council meetings are offered with closed captioning for the hearing impaired. ITEMS FOR ACTION: A communication from Mayor Sherman P. Lea, Sr., requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1 ), Code of Virginia ( 1950), as amended. A list of current vacancies is included with the agenda for this meeting. A communication from the City Manager requesting that Council convene in a Closed Meeting for discussion concerning a prospective business or industry, or the expansion of an existing business or industry, where no previous announcement has been made of the business or industry's interest in locating or expanding its facilities in the community, pursuant to Section 2.2-3711 (A)(5), Code of Virginia (1950), as amended.
Tagged Passions:administrator, manager, boards and commissions, appointments, council, social media law, expansion, and business

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ctwebb Text Box P 12 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property located at 13 Church Avenue, S. E., where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2- 3711 (A)(3), Code of Virginia (1950), as amended. ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M. AGENDA. (5 MINUTES) TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF COUNCIL. (5 MINUTES) BRIEFINGS: Annual Public Safety Updates o Fire/EMS o Police
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FY 2019 Budget/Financial Planning Work Session

60 Minutes 60 Minutes THE COUNCIL MEETING WILL STAND IN RECESS UNTIL 2:00 P.M., FOR A CLOSED MEETING IN THE COUNCIL'S CONFERENCE ROOM, ROOM 451, NOEL C. TAYLOR MUNICIPAL BUILDING.

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ROANOKE CITY COUNCIL REGULAR SESSION CITY COUNCIL CHAMBER AGENDA
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1.
Call to Order--Roll Call. The Invocation will be delivered by The Reverend Daniel J. Palmer,

Pastor, North Roanoke Baptist Church. The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Sherman P. Lea, Sr. Welcome. Mayor Lea. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, February 8 at 7:00 p.m.; and Saturday, February 10 at 4:00p.m.; and video streamed through Facebook Live at facebook.com/roanokecitycouncil. Council meetings are offered with closed captioning for the hearing impaired.

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ANNOUNCEMENTS: Persons wishing to address Council will be required to contact the City Clerk's office prior to the Monday Council Meeting, pre-register online at www.roanokeva.gov/cityclerk, or register with the staff assistant at the entrance to the Council Chamber prior to commencement of the Council Meeting. Once the Council Meeting has convened, there will be no further registration of speakers, except for public hearing matters. On the same agenda item, one to four speakers will be allotted five minutes each; however, if there are more than four speakers, each speaker will be allotted three minutes.

The Council of the City of Roanoke is seeking applications for the following current vacancies and/or upcoming expirations of terms of office: Fair Housing Board -two vacancies Unexpired term of office ending March 31, 2019 Unexpired term of office ending March 31, 2021
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Parks and Recreation Advisory Board - one vacancy Term of office ending March 31, 2021

No additional detail provided

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Roanoke Neighborhood Advocates - two vacancies Unexpired term of office ending June 30, 2019 Unexpired term of office ending June 30, 2020

Access the City's homepage to complete an online application for the abovementioned vacancies.

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Expiration of the three-year terms of office of Mark K. Cathey, Laura D. Rottenborn and Richard Dick Willis, Jr., as Trustees of the Roanoke City School Board ending June 30, 2018. Deadline for receipt of applications is Monday, March 12, 2018. Applications, questions and/or additional information, please contact City Clerk's Office at 853-2541.

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2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Recognition of recent national reaccreditation of the Roanoke Police Department and Police Academy.

No additional detail provided

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HEARING OF CITIZENS UPON PUBLIC MATTERS:

No additional detail provided

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City Council sets this time as a priority for citizens to be heard. All matters will be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate.

CONSENT AGENDA: All matters listed under the Consent Agenda are considered to be routine by the Members of City Council and will be enacted by one motion. There will be no separate discussion of the items. If discussion is desired, the item will be removed from the Consent Agenda and considered separately. C-1 Minutes of the regular meeting of City Council held on Tuesday, January 16, 2018.

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RECOMMENDED ACTION: Dispense with the reading of the minutes and approve as recorded.

No additional detail provided

C-2 A communication from the City Manager requesting that Council schedule a public hearing to be held on Tuesday, February 20, 2018, at 7:00 p.m., or as soon thereafter as the matter may be heard, or such later date and time as the City Manager shall determine, in his discretion, to consider leasing an approximate 60 X 1 00' plot of land located at Morningside Park along Morgan Avenue, S. E. to the Roanoke Community Garden Association, Inc.

Tagged Passions:administrator, hearing, manager, council, leasing, and parks

RECOMMENDED ACTION: Concur in the request.

No additional detail provided

C-3 A communication from the City Manager requesting that Council schedule a public hearing to be held on Tuesday, February 20, 2018, at 7:00 p.m., or as soon thereafter as the matter may be heard, or such later date and time as the City Manager shall determine, in his discretion, to consider leasing an approximate 60 X 60' plot of land located at Morningside Park along Morgan Avenue, S. E. to Carilion Clinic.

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RECOMMENDED ACTION: Concur in the request.

No additional detail provided

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C-4 A communication from the City Manager requesting that Council schedule a public hearing to be held on Tuesday, February 20, 2018, at 7:00 p.m., or as soon thereafter as the matter may be reached, or such later date and time as the City Manager shall determine, in his discretion, to consider granting a 20-foot easement along Kenwood Boulevard, S. E. to Western Virginia Water Authority.

Tagged Passions:streets, administrator, hearing, manager, council, Utility, easement, utility, grant, and water

RECOMMENDED ACTION: Concur in the request.

No additional detail provided

C-5 A communication from the City Manager requesting that Council schedule a public hearing to be held on Tuesday, February 20, 2018, at 7:00 p.m., or as soon thereafter as the matter may be heard, or such later date and time as the City Manager shall determine, in his discretion, to consider renewing a lease of approximately 0.3664-acre of land located at the northeast corner of 131h Street and Cleveland Avenue, S. W. to the Roanoke Community Garden Association, Inc.

Tagged Passions:streets, administrator, hearing, manager, council, and leasing

RECOMMENDED ACTION: Concur in the request.

No additional detail provided

C-6 A communication from the City Manager transmitting the FY2018 City Manager Transfer Report for the Second Quarter ended December 31, 2017.

RECOMMENDED ACTION: Receive and file.
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C-7 A communication from the City Clerk advising of the resignation of Brandon S. Turner as a City representative (Technical Advisor) of the Roanoke Valley - Alleghany Regional Comprehensive Economic Development Strategy Committee, effective February 2, 2018.

RECOMMENDED ACTION: Accept the resignation and receive and file the communication.
Tagged Passions:development, strategic, Development, and economic development

C-8 A communication from the City Clerk advising of the resignation of Cindy Pasternak as a member of the Roanoke Neighborhood Advocates, effective immediately.

RECOMMENDED ACTION: Accept the resignation and receive and file the communication.
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C-9 A communication from the City Clerk advising of the resignation of Sarah Karpanty as a member (Zoo representative) of the Mill Mountain Advisory Board, effective immediately.

RECOMMENDED ACTION: Accept the resignation and receive and file the communication.
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C-1 0 A communication from the City Clerk advising of the resignation of Amanda Buyalos as a member of the Fair Housing Board, effective immediately.

RECOMMENDED ACTION: Accept the resignation and receive and file the communication. C-11 A communication from Gayle Shrewsbury, Secretary, Western Virginia Water Authority, transmitting a resolution expressing appreciation to Wayne F. Bowers for his service as a City of Roanoke representative of the Western Virginia Water Authority Board of Directors. RECOMMENDED ACTION: Receive and file.

Tagged Passions:Utility, housing, utility, and water

C-12 Reports of qualification of the following individuals:

Robyn Mitchell as a member (Citizen at Large) of the Youth Services Citizen Board for a term of office ending June 30, 2020; Valeria Alphin as a member of the Board of Zoning Appeals for a three-year term of office, commencing January 1, 2018 and ending December 31, 2020; and Drew Kepley as a Commissioner of the City of Roanoke Redevelopment and Housing Authority for a term ending August 31, 2021. RECOMMENDED ACTION: Receive and file. REGULAR AGENDA: 5. PUBLIC HEARINGS: NONE.
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PETITIONS AND COMMUNICATIONS: NONE.

No additional detail provided

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REPORTS OF CITY OFFICERS AND COMMENTS OF THE CITY MANAGER: a. CITY MANAGER:

BRIEFINGS:

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Initial Observations and Proposed Organizational Responses

ITEMS RECOMMENDED FOR ACTION:

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minutes

1. Acceptance of the FY 2018 Byrne/Justice Assistance Grant (JAG)- Policing in the 21 s' Century (Less Lethal Equipment Grant) from the Virginia Department of Criminal Justice Services for use by the Roanoke Police Department.

Tagged Passions:public safety, services, equipment, and grant

2.
Acceptance of Juvenile Justice and Delinquency Prevention Title II Grant for 2018 from the Virginia Department of Criminal Justice Services for the Positive Alternatives to School Suspensions (PASS) Project.

3. Acceptance of the 2018 Violence Against Women Act (V-STOP) Grant from the Virginia Department of Criminal Justice Services to fund the Police Department's existing Domestic Violence Specialist position. 4. Execution of Amendment No. 6 to the City's Contract with Thyssen Krupp Elevator Corporation for additional professional services for repairs to the Church Avenue Parking Garage elevator.

Tagged Passions:education, public safety, services, contract, domestic violence, church, parking, and grant

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Execution of an amendment to the contract with Trane Company to increase the Not to Exceed amount to include chiller maintenance and repair coverage.

6. Acceptance of the Stormwater Local Assistance Fund (SLAF) Grant from the Virginia Department of Environmental Quality to protect the Commonwealth's surface waters.

Tagged Passions:contract, Utility, stormwater, utility, grant, environment, and water

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7.
Consent to the transfer of certain real properties owned by the Roanoke Redevelopment and Housing Authority to the H.R. Foundation, Inc., and the Hotel Roanoke Conference Center Commission.

No additional detail provided

Tagged Passions:boards and commissions, hotel, and housing

8.
Amendment of the City Code to establish a fee structure for placement of dumpsters and portable storage containers; and include such fees in the City's Fee Compendium.

No additional detail provided

9.
Amendment of the City Code with regard to the solid waste collection fees.

No additional detail provided

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COMMENTS OF THE CITY MANAGER.

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8.
REPORTS OF COMMITTEES: NONE.

No additional detail provided

9.
UNFINISHED BUSINESS: NONE.

No additional detail provided

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INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a. A resolution opposing enactment of any wireless communications

legislation, including HB 1258 and SB 405 that reduces the regulatory role of localities in the installation and operation of wireless telecommunication structures.

Tagged Passions:ordinance, wireless, Telecommunications, Communications, Wireless, telecommunications, communications, and regulation

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MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council.

No additional detail provided

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Vacancies on certain authorities, boards, commissions and committees appointed by Council.

No additional detail provided

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CERTIFICATION OF CLOSED MEETING.

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ADJOURN.

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SHERMAN P. LEA, SR. Mayor

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CITY OF ROANOKE OFFICE OF THE MAYOR

215 CHURCH AVENUE, S.W., SUITE 452 ROANOKE, VIRGINIA 24011-1594
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TELEPHONE: (540) 853-2444 FAX: (540)853-1145

EMAIL: MAYOR@ROANOKEVA.GOV The Honorable Vice-Mayor Anita J. Price and Members of the Roanoke City Council Roanoke, Virginia Dear Vice-Mayor Price and Members of Council: This is to request a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1 ), Code of Virginia (1950), as amended. A list of current vacancies is included with the agenda for this meeting. SPL:ctw dL t . Sherman P. Lea, Sr. Mayor VACANCIES:
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COMMITTEE VACANCIES/REAPPOINTMENTS February 5, 2018

Public Unexpired terms of office on the Fair Housing Board each ending March 31, 2019 and March 31, 2021, respectively.
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Term of office on the Parks and Recreation Advisory Board each ending March 31, 2021.

Unexpired terms of office on the Roanoke Neighborhood Advocates ending June 30, 2019 and June 30, 2020, respectively.
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Three, three-year terms of office on the Roanoke City School Board ending June 30, 2021.

No additional detail provided

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To:

Meeting: Subject:

CITY COUNCil AGENDA REPORT

Honorable Mayor and Members of City Council February 5, 201 8 Request for Closed Meeting

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This is to request that City Council convene a closed meeting for discussion concerning a prospective business or industry, or the expansion of an existing business or industry, where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community pursuant to 2 .2-3 711 .A. 5, Code of Virginia (1 950), as amended.

No additional detail provided

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Robert S. Cowell, Jr. City Manager

No additional detail provided

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Distribution: Council Appointed Officers

To: Meeting: Subject:

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CITY COUNCIL AGENDA REPORT

Honorable Mayor and Members of City Council February 5, 2018 Request for Closed Meeting

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This is to request that City Council convene a closed meeting to discuss the disposition of publicly-owned property, located at 1 3 Church Avenue, S.E. (Tax Map No. 4011706), where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to 2.2-3711.A.3, Code of Virginia (1950), as amended.

No additional detail provided

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Robert S. Cowell, Jr. City Manager

No additional detail provided

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Distribution: Council Appointed Officers

No additional detail provided

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CITY COUNCIL AGENDA REPORT

To: Honorable Mayor and Members of City Council

Meeting: February 5, 2018

Subject: Request a Public Hearing to lease an Approximate 60' X 1 00' Plot of land located at Morningside Park along Morgan Avenue, S.E. and Designated as Tax Map Number 4240102 Background: The Roanoke Community Garden Association, Inc. (RCGA) has expressed a desire to lease an approximate 60' X l 00' plot of land being a portion of Morningside Park (Property) and located along Morgan Ave., S.E. designated as Tax Map Number 4240102, for a Community Garden.

Tagged Passions:taxes, hearing, property, Taxes, leasing, and parks

RCGA is organized exclusively for charitable, scientific and educational purposes, more specifically to establish community gardens in order to provide an opportunity for local residents to garden; to beautify the neighborhood; to provide a meeting place for neighbors. Further, its purpose is to promote, to educate and to disseminate information about sustainability and food security to the local community.

The Morningside Park location will only be used for the purpose of maintaining and operating a community garden, which use shall include, but is not limited to, planting and harvesting of agricultural crops. The annual rental shall be 1 0. The lease term requested is for five years, commencing March 1, 201 8. A public hearing is required for the consideration of such lease of public property. Recommended Action: Authorize the scheduling and advertising of the proposed lease of the Property for a public hearing on February 20, 201 8, at 7:00 p.m., or as soon thereafter as the matter may be heard, or at such later date and time as the City Manager shall determine, in his discretion.
Tagged Passions:administrator, hearing, property, manager, rental, advertising, sustainability, agriculture, plant, leasing, neighborhood, parks, and security

Robert 5. Cowell, Jr. City Manager

Attachments: Lease Draft

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Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Amelia C. Merchant, Director, Department of Finance Michael Clark, Director of Parks and Recreation Robert Ledger, Acting Director Economic Development Cassandra Turner, Economic Development Specialist

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DRAFT 1/18/18

LEASE AGREEMENT THIS LEASE AGREEMENT ( Lease or Lease Agreement ), made as of this ____ 51 day of , 2018, by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia ( Lessor ), and ROANOKE COMMUNITY GARDEN ASSOCIATION, INCORPORATED ( Lessee.,), RECITALS:
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WHEREAS, Lessor owns certain land located in the City of Roanoke, located at 0

Morgan Avenue, N.E., designated as Tax Map No. 4240102, and commonly known as Morningside Park ( Property ); WHEREAS, Lessee operates and maintains community gardens at several locations throughout the City of Roanoke, where participants can plant, harvest, grow and cultivate
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vegetables, flowers, and other produce for the benefit of themselves and the community; and

WHEREAS, Lessee desires to lease the above referenced property from Lessor, and

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Lessor desires to lease the same to Lessee, for use as a community garden, upon the tenns and

conditions stated below. NOW THEREFORE, Lessor and Lessee, for and in consideration of mutual covenants contained in this Lease Agreement and the above recitals which are incorporated herein by reference and made a part of this Lease Agreement, do hereby covenant and agree as follows:

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1.
Leased Premises -Lessor hereby leases to Lessee, subject to the terms and

conditions contained herein, and Lessee hereby leases from the Lessor, as tenant, an approximately 6,000 sq. ft., more or less, portion of the Property as further detailed on the attachment attached hereto as Exhibit A (hereinafter referred to as the Leased Premises ).

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2.
Permitted Use- The Leased Premises shall only be used by Lessee for the purpose

No additional detail provided

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of maintaining and operating a community garden, which use shall include, but not be limited to,

planting and harvesting of agricultural crops, and activities ancillary thereto, and for no unlawful

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purpose, or other purpose that is not reasonably related to the operation and maintenance of a

No additional detail provided

community garden, and for no unlawful purpose, either as of the date of this Lease Agreement or

No additional detail provided

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on any unrecorded form thereof, or other purpose that is not reasonably related to the operation

and maintenance of community garden, as determined by Lessor, and as further detailed in

Lessee's proposal to Lessor dated June 27, 2017, attached hereto as Exhibit Band made a part of

No additional detail provided

this Agreement. The Leased Premises may not be used for any other purpose without the written

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permission of the Lessor.

3.
Term - The term of this Lease Agreement shall be for a period of five (5) years,

commencing on ____ , 2018, and continuing until midnight, _____ , 2023. This Lease shall be terminable by either party at any time, for any reason, during the term of this

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Lease, upon ninety (90) days written notice to the other party.

4. Rental - Annual rental shall be 10.00 non-refundable, payable in advance for each year during the term of the Lease, and mailed or otherwise delivered to the Lessor's Treasurer, City of Roanoke, P. 0. Box 1451, Roanoke, VA 24007. Checks should be made

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payable to the Roanoke City Treasurer.

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5. Subleasing - Lessee covenants and agrees that it will not sublet, license, assign, or

transfer by operation of law or otherwise this Lease Agreement, the Leased Premises or any right Lessee is authorized to exercise hereunder, without the prior written consent of the Lessor, such written consent to include a specific reference to this Lease Agreement or any unrecorded
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form thereof. Any attempt by the Lessee to sublet, license, assign, or transfer by operation of

No additional detail provided

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law or otherwise this Lease Agreement, the Leased Premises, or any rights Lessee is authorized

No additional detail provided

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to exercise hereunder without the prior written consent of the Lessor, shall result in the

automatic tennination of this Lease Agreement. 6. Condition of the Leased Premises - Lessee has inspected the Leased Premises and

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acknowledges that the Leased Premises are suitable for the purpose intended by the Lessee, and

the Leased Premises are being made available in its as is , where is condition, and the Leased Premises are being accepted by Lessee in such condition. Lessor makes no warranties of any
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kind regarding any aspect of the Leased Premises and its suitability for the Permitted Use,

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including but not limited to, the physical and environmental condition of the Leased Premises,

and Lessor expressly disclaims any express or implied warranties regarding the Leased Premises.

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7.
Alterations and Improvements - There shall be no major alterations of the

Leased Premises by Lessee, without Lessor's prior written consent, such prior written consent shall be required before Lessee shall be allowed to construct and install a gravel pathway. Other structures shall be approved by Lessor, if at all, in writing by Lessor before construction or

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installation of the same. Lessee agrees to remove such gravel pathway, and other structures, if

approved by Lessor and restore the Leased Premises to the same condition that existed at the
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commencement of this Lease, at Lessee's sole cost and expense, upon the termination,

expiration, or cancellation of this Lease by either party. Lessee agrees to pay for the cost of any
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damage to the Leased Premises caused by such removal or restoration at Lessee's sole expense.

Lessee further agrees that it shall remove any structure or property installed by Lessee that is
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objectionable to Lessor in the sole discretion and detennination of Lessor within fifteen ( 15)

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calendar days of receipt of notice from Lessor to do so.

8.
Utilities - Lessee shall pay all utility connections and service charges, if any,

with respect to the Leased Premises.

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9.
Maintenance- Lessee agrees to be responsible for all maintenance of any kind on

the Leased Premises. Lessee agrees that it shall not allow the Leased Premises to become unsightly or overgrown with, weeds, vegetation and crops, in the determination or Lessor, and shall otherwise keep the Leased Premises in good appearance and free and clear of debris and

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litter. Lessee further agrees that it shall trim and remove such overgrowth upon demand by

Lessor. Lessee shall assume all liability for damage or loss to persons or property by its actions or actions of its machinery, equipment, agents, employees, guests, invitees and contractors in connection with this Lease. The parties agree that Lessor shall not have any responsibility to maintain the Leased Premises.

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10.
Restoration of Premises- Lessee shall restore the Leased Premises to the same

condition in which the Leased Premises existed prior to commencement of this Lease, upon

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termination, nonrenewal, or cancellation of this Lease Agreement.

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11.
Inspection- Lessee hereby grants and gives to the Lessor, its agents and

employees the right and license to enter the Leased Premises, without notice, at any reasonable time to inspect the Premises or to conduct a reasonable environmental investigation, including but not limited to, an environmental assessment or audit of the Premises to satisfy the Lessor that the Premises are free from environmental contaminations and hazards. The Lessor may employ engineers to conduct such investigations on the Lessor's behalf, and the Lessee shall give to such engineers the same rights and licenses as the Lessor may have pursuant to this section. The Lessee shall from time to time and upon the request of the Lessor, give to the Lessor or to whomever the Lessor may designate, such assurances as may be necessary to show that the Lessee is in compliance with any and all Environmental Laws. The Lessor shall use its best efforts to minimize interference with the Lessee's business but shall not be liable for any interference or harm caused by the Lessor's exercise of its rights under this section. If after conducting any such Environmental investigation as required herein, should any environmental

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contamination be found that is the result of Lessee, its employees, guest, agents, patrons, or

assigns, the cost of such investigation and audit, in addition to all costs required to comply with any Environmental Law and to conduct necessary cleanup, and the payment of any fines and

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penalties made against Lessor by any court or regulatory agency as a result of any such

environmental condition existing shall be borne by the Lessee and paid by Lessee immediately
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upon written demand therefore.

12. Compliance with laws, rules and regulations - In Lessee's exercise of the rights and privileges granted herein, Lessee, its agents, employees, guests, invitees, contractors, and/or any other person over whom Lessee has control shall observe, obey and comply fully at Lessee's own expense with all present and future, federal, state and local laws, rules or regulations, applicable to or affecting directly or indirectly Lessee or its operations and activities on or in connection with the Leased Premises.

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13.
Indemnity - Lessee shall indemnify and hold hannless the Lessor, its officers,

agents and employees, against any and all loss, cost or expense, including attorney's fees,

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resulting from any claim, whether or not reduced to a judgment, and for any liability of any

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nature whatsoever that may arise out of or result from activities or omissions of Lessee, its

successors, officers, agents, employees, assigns, guests, contractors, or invitees, on the Leased Premises, pursuant to this Lease, including, without limitation, fines and penalties, violations of federal, state or local laws, or regulations promulgated thereunder, personal injury, wrongful death, or property damage claims. In addition to the indemnification provision contained elsewhere in this Lease Agreement, and regardless of the Lessor's acquiescence, Lessee agrees to
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indemnify, defend and hold the Lessor, its officers, agents and employees, harmless from any

and all costs, liabilities, expenses, lines, penalties, or civil judgments, including attorney's fees resulting from or obtained against or paid by the Lessor as a result of Lessee's violations of or failure to comply with any other provisions of this Lease Agreement. This provision shall survive the termination, cancellation, or expiration of this Lease.

Tagged Passions:legal and leasing

14.
Insurance Coverage - Lessee shall, at its sole expense, obtain and maintain during

the life of this Lease Agreement, the insurance policies required by this Section. Any required insurance policies shall be effective prior to the beginning date of this Lease Agreement. The

Tagged Passions:leasing and insurance

following policies and coverages are required:

(a) Commercial General Liability. Commercial General Liability insurance, written on an occurrence basis and including products/completed operations coverage, shall insure against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of the Licensee's/should this be Lessee's actions under this Lease

Tagged Passions:commercial, property, leasing, and insurance

Agreement. The minimum limits of liability for this coverage shall be 1,000,000 combined

single limit for any one occurrence. (b) Contractual Liability. Broad form Contractual Liability insurance shall include the indemnification obligation set forth in Section 13 and Section 18 of this Lease Agreement.
Tagged Passions:leasing and insurance

6
(c) Tenant's insurance. Lessee shall, at its sole cost and expense, obtain and maintain

during the life of this Agreement a property insurance policy written on an all risk basis insuring buildings, HV AC, and all of tenant's personal property, including, but not limited to, equipment, furniture, fixtures, furnishings, and leasehold improvements which are Lessee's responsibility, for not less than full replacement cost of such property. Lessee is responsible for and all deductibles and coinsurance penalties that may apply. All proceeds of such insurance shall be used to repair or replace tenant's property. Such insurance coverage shall include an
Tagged Passions:property, policy, rental, risk, equipment, and insurance

amount equal to twelve months loss of rent coverage payable to the Lessor.

(d) Workers' Compensation. Workers' Compensation insurance covering Licensee's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability

Tagged Passions:compensation and insurance

insurance shall be maintained for all its employees engaged in work on the Premises. Minimum

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limits of liability for Employer's Liability shall be 100,000 bodily injury by accident each

occurrence; 500,000 bodily injury by disease (policy limit); and I 00,000 bodily injury by disease (each employee). With respect to Workers' Compensation coverage, the Contractor's insurance company shall waive rights of subrogation against the City, its officers, employees, agents, volunteers and representatives. The insurance overages and amounts set forth in subsections (a), (b), (c) and (d) of this Section may be met by an umbrella liability policy following the form of the underlying primary coverage. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the overages required by subsections (a), (b), (c) and (d), and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by Lessee to the City.
Tagged Passions:policy, compensation, volunteer, and insurance

All insurance shall meet the following requirements:

No additional detail provided

Tagged Passions:insurance

7
(a) Lessee shall furnish the City a certificate or certificates of insurance showing the

type, amount, effective dates and date of expiration of the policies. Certificates of insurance shall include any insurance deductibles. (b) Insurance cancellation will be in accordance with policy. (c) The required certificate or certificates of insurance shall name the City of Roanoke, its officers, employees, agents, volunteers and representatives as additional insured. (d) Where waiver of subrogation is required with respect to any policy of insurance required under this Section, such waiver shall be specified on the certificate of insurance. (e) Insurance coverage shall be in a form and with an insurance company approved by the City which approval shall not be unreasonably withheld. Any insurance company

Tagged Passions:policy, volunteer, and insurance

providing coverage under this Lease Agreement shall be authorized to do business in the

No additional detail provided

Tagged Passions:leasing and business

Commonwealth of Virginia. Such coverage shall not be canceled or materially altered except

after thirty days written notice of such cancellation or material alteration to the Director of Risk
Tagged Passions:risk

Management of the Lessor. Prior to the execution of this Lease Agreement, Lessee shall provide

the Lessor's Director of Risk Management with an exact copy of the Certificate of Insurance as specified above. All renewal policies shall be delivered to the Lessor's Director of Risk
Tagged Passions:risk, leasing, and insurance

Management at least fifteen days prior to the expiration date of the expiring policy. If at any time

the coverage, carrier or limits on any policy or the insurance requirements contained herein shall become unsatisfactory to the Lessor, Lessee shall forthwith provide a new policy meeting the requirements ofthe Lessor. 15. Compliance with Environmental Laws - Lessee, its agents, employees, guests, patrons, and assigns, shall comply and ensure the compliance with all federal, state and local laws, rules, regulations, resolutions and ordinances controlling air, water, noise, solid waste and
Tagged Passions:compliance, policy, ordinance, Utility, noise, insurance, regulation, utility, solid waste, environment, and water

8
other pollution and relating to the use, storage, transportation, release or disposal of hazardous

material substances or waste, which materials include, but are not Jimited to, any fertilizer and
Tagged Passions:materials and transportation

others products used in the gardening process.

16. Hazardous Waste and Materials Prohibited - Lessee shall not bring or allow or permit to be brought onto, stored, disposed of, or released, any hazardous, toxic, or petroleum substances, waste or materials of any kind on the Leased Premises, except if the same are

Tagged Passions:commercial, Fossil Fuels - Oil, leasing, and materials

considered as fertilizer or other commonly used gardening materials.

17. Report release of Hazardous Materials - Lessee shall immediately furnish to the Lessor's Director of Risk Management written notice of any and all releases of hazardous waste,
Tagged Passions:risk, hazardous materials, and materials

materials or substances whenever such releases are required to be reported to any federal, state,

or local authority, and pay for all cleanup and removal costs. Such written notice shall identify the substance released, the amount released, the measures undertaken to cleanup and remove the
Tagged Passions:materials

released material and any contaminated soil or water. Lessee shall also provide Lessor with

No additional detail provided

Tagged Passions:Utility, utility, and water

copies of any and all reports resulting from tests on the Leased Premises or made to any

governmental agency which relate to the Leased Premises.
Tagged Passions:leasing

18.
Environmental Indemnifications - Regardless of the City's acquiescence and in

No additional detail provided

Tagged Passions:environment

addition to the indemnification provisions contained elsewhere in this Lease Agreement, Lessee

shall indemnify, defend, and hold Lessor, its officers, agents and employees, harmless from all costs, liabilities, penalties, or fines, including attorney's fees, resulting from or arising out of Lessee, its employees, agents, guests, patrons, or assigns, violation of the environmental provisions contained in this Lease Agreement and agrees to reimburse the Lessor for any and all costs and expenses incurred in eliminating or remedying such violations. Lessee further covenants and agrees to reimburse and hold the Lessor its officers, agents and employees,
Tagged Passions:legal, leasing, and environment

9
harmless from all costs, expenses, attorney's fees and all penalties or civil judgments obtained

against the Lessor as a result of Lessee's, its employees, agents, guests, patrons, or assigns, use, release or disposal of petroleum product, hazardous substance, material, or waste onto the ground or into the air or water. Lessee agrees to waive any and all statutes of limitations applicable to any controversy or dispute arising under these environmental provisions and Lessee further agrees that it will not raise or plead a statute of limitation defense in any action arising out of
Tagged Passions:legal, Fossil Fuels - Oil, Utility, utility, environment, and water

Lessee's failure to comply with the environmental provisions contained herein. This provision

No additional detail provided

Tagged Passions:environment

shall survive the termination, cancellation, or expiration of this Lease.

Tagged Passions:leasing

19.
Notice - Unless otherwise specified, all notices, consents and approvals required

or authorized by this Lease Agreement to be given by or on behalf of either party to the other, shall be in writing and signed by a duly designated representative of the party by or on whose behalf they are given and shall be deemed given three days after the time a certified letter

Tagged Passions:leasing

properly addressed, postage prepaid, is deposited in any United States Post Office or upon hand

delivery. Notice to the City of Roanoke shall be addressed to the:

City ofRoanoke Attention: Economic Development Manager 117 Church Avenue, S.W. Roanoke, Virginia 24011

(w. a copy to the Parks and Recreation Manager, Room 303 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 240 11 or at such other office as Lessor may hereinafter designate by notice to the Lessee in writing.
Tagged Passions:manager, development, church, parks, Development, recreation, and economic development

Notice to the Lessee shall be sent to:

Roanoke Community Garden Association

10
Attention: Heather O'Bryan 655 Highland A venue, SE, Roanoke, Virginia 24013

or at such other place as Lessee may hereinafter designate by notice to the Lessor in writing.

20.
Default- In addition the event Lessee breaches any provision of this Lease

Agreement, and does not cure such breach within thirty (30) days after written notice of demand by Lessor, or Lessee has not established a community garden in accordance with Lessee's proposal attached as Exhibit B within six months of the date of this Lease Agreement, as determined by Lessor, this Lease Agreement shaH terminate automatically, and Lessee agrees that Lessor may pursue Lessor's remedies available at law or in equity.

Tagged Passions:leasing and events

21.
Entire Agreement - This Lease Agreement constitutes the entire understanding

between the parties. Any changes or modification of this Lease Agreement must be in writing signed by both parties.

Tagged Passions:leasing

22.
Severability - In the event any provision herein shall be finally declared void or

illegal by any court or administrative agency having jurisdiction, the remaining provisions shall continue in full force and effect as nearly as possible in accordance with the original intent of the parties.

Tagged Passions:legal, events, and court

23.
Headings - The headings used in this Lease Agreement are intended for

convenience and reference only and do not define, expand, or limit the scope or meaning of any

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provision of this Lease Agreement.

IN WITNESS WHEREOF, the parties have executed this Lease Agreement as of the day and year first written above: II ATTEST: Stephanie M. Moon Reynolds, City Clerk Approved as to fonn: Assistant City Attorney LESSOR:
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CITY OF ROANOKE, VIRGINIA

By _______________________ __ RobertS. Cowell, Jr., City Manager LESSEE:
Tagged Passions:administrator and manager

ROANOKE COMMUNITY GARDEN ASSOCIATION, INC., a Virginia corporation

By _________ (SEAL) Printed Name: ------Title: ________ _ Approved as to execution: Assistant City Attorney
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12
EXHIBIT A

No additional detail provided

DIAGRAM OF LEASED PREMISES

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13
EXHIBIT B

LESSEE'S PROPOSAL TO LESSOR DATED JUNE 27, 2017

14
PARKS, TRAILS AND GREENWAYS PROJECT PROPOSAL FORM

For Office Use Only: ROANOKE Date Received: ------- Received By:-- ------ PARKS AND R E C REA T I 0 N Section I - Applicant Information A II 10 . 1 N Roanoke Community Garden Assocation pp can, rgamza,on arne: ______________________________ _ ain Contact Name Of applicable): e a th e ' a a n o r T in a B a d g e '------ ---------- Applicant/Organization Address: PO Box 4326 Roanoke, VA 24015 W k Ph 540-627-6772 M b'l Ph Same E .1 heather@roanokecommunitygarden.org or one: o 1 e one: ma : -------- - -- Section II - Project Information Proposed Project Description (use additional pages If necessary): We propose a community garden in mingside Park in SE Roanoke. This project will Include an in ground garden outlined by pea-gravel pathways. We also plan to outline the garden with fruit bushes and an aile of fruit trees. Included with Proposal: 0 Shop Drawings 0 Prints 0 Photos 0 Samples 0 Letter(s) of Support 0 Change Request 0 Initial Proposal (if applicable)

Tagged Passions:trees, trails, and parks

Itemized listing of All Attachments: Map of Morningside with the proposed area

No additional detail provided

1.
------------------------------- 5.

No additional detail provided

4.
------------------------------- 8. ------------------------------- Purpose of Proposal: 0 Approval 0 Review/Comment 0 As Requested

No additional detail provided

0
Returned Data 0 Revisions 0 FYI/No Action Is this project specifically identified In the Department's Comprehensive Master Plan?[ ) Yes 0 No If not, please identify what portion s of the City's Comprehensive Plan this proposal addresses: --------------

Tagged Passions:strategic

Have all other City permitting requirements been identified and approved? 0 Yes If so, please attach copies of the approved permits.

[ ) No Section Ul - d Sign w;s[fl - _ Appltcant S gnat -==---f: f--' .....:;..-t- tt----7-.c::::::= ------------- Date: (o , n ) 3: To: Meeting: Subject:

CITY COUNCIL AGENDA REPORT

Honorable Mayor and Members of City Council February 5, 2018 Request a Public Hearing to Lease an Approximate 60' X 60' Plot of Land Located at Morningside Park along Morgan Avenue, S.E. and Designated as Tax Map Number 4240102 to Carilion Clinic to use for an Urban Garden

Background: Carilion Clinic is launching a healthy eating initiative. They have expressed a desire to lease an approximate 60' X 60' plot of land located at Morningside Park and along Morgan Ave., S.E. designated as a portion of Tax Map Number 4240102 for a Community Garden. Carilion Clinic proposes to build an educational garden at Morningside Park in Southeast Roanoke City. The garden will be used to educate the community on all aspects of gardening and healthy lifestyles by providing hands on education and free produce to the community. Roanoke Community Garden Association will manage the 60' by 60' garden and will include 12 garden beds, benches and a shelter. The annual rental shall be 1 0. The lease term requested is for five years, commencing March 1, 2018. A public hearing is required for the consideration of such lease of public property. Recommended Action: C-3 Authorize the scheduling and advertising of the proposed lease of a 60' X 60'portion of Morningside Park for a public hearing on February 20, 2018, at 7:00
Tagged Passions:taxes, hearing, property, education, Taxes, council, rental, advertising, leasing, and parks

thereafter as the matter may be heard, or at such later date and anager shall determine, in his discretion.

- -- ------------------ RobertS. Cowell, Jr. City Manager Attachments: Lease Draft
Tagged Passions:administrator, manager, and leasing

Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Amelia C. Merchant, Director, Department of Finance Michael Clark, Director of Parks and Recreation Robert Ledger, Acting Director Economic Development Cassandra Turner, Economic Development Specialist

DRAFT COPY LEASE AGREEMENT THIS LEASE AGREEMENT ( Lease or Lease Agreement ), made as of this ____ 51 day of , 2018, by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth ofVirginia ( Lessor ), and CARILlON CLINIC ( Lessee ), RECITALS:

Tagged Passions:administrator, manager, appointments, council, development, leasing, finance, parks, Development, recreation, community development, and economic development

WHEREAS, Lessor owns certain land located in the City of Roanoke, located at 0

Morgan Avenue, N.E., designated as Tax Map No. 4240102, and commonly known as Morningside Park ( Property ); WHEREAS, Lessee is engaged in the business of providing healthcare and performing medical research, and desires to lease a portion of the Property for the purpose of operating an Urban Farm to grow and cultivate vegetables, flowers, and other produce for the benefit of themselves and the community, promote healthy eating, and to provide educational seminars to the public on gardening and healthy lifestyles; and WHEREAS, Lessor desires to lease a portion of the Property to Lessee for such use, upon the terms and conditions stated below. NOW THEREFORE, Lessor and Lessee, for and in consideration of the mutual covenants contained in this Lease Agreement, and the above recitals which are incorporated herein by reference and made a part of this Lease Agreement, do hereby covenant and agree as follows:
Tagged Passions:taxes, property, Taxes, agriculture, leasing, parks, business, and healthcare

I.
Leased Premises -Lessor hereby leases to Lessee, subject to the terms and

conditions contained herein, and Lessee hereby leases from the Lessor, as tenant, an approximately 3,600 sq. ft., more or less, portion of the Property as further detailed on the attachment attached hereto as Exhibit A (hereinafter referred to as the Leased Premises ).

Tagged Passions:property, rental, and leasing

2.
Pennitted Use- The Leased Premises shall only be used by Lessee for the purpose

No additional detail provided

Tagged Passions:leasing

of maintaining and operating an Urban Farm, which use shall be for planting and harvesting

agricultural crops (which may be given to attendees of the Urban Farm and or may be sold by Lessee to farmers' markets or donated to local food banks), and activities ancillary thereto, and providing educational seminars to the public, and as further detailed in the above recitals, and for no unlawful purpose, either as of the date of this Lease Agreement or on any unrecorded form

Tagged Passions:agriculture, plant, leasing, and market

thereof, or other purpose that is not reasonably related to the operation and maintenance of an

Urban Farm as determined by Lessor, and as further detailed in Lessee's proposal to Lessor dated November 22, 2017, attached hereto as Exhibit Band made a part of this Agreement. The Leased Premises may not be used for any other purpose without the written permission of the

Tagged Passions:agriculture and leasing

Lessor. The Lessee agrees that it shall not charge the public for admission or entry to the Urban

Farm.
Tagged Passions:agriculture

3.
Term - The term of this Lease Agreement shall be for a period of five (5) years,

commencing on _____ , 2018, and continuing until midnight, ______ , 2023. This Lease shall be tenninab1e by either party at any time, for any reason, during the term of this

Tagged Passions:leasing

Lease, upon ninety (90) days written notice to the other party.

4. Rental - Annual rental shall be 10.00 non-refundable, payable in advance for each year during the term of the Lease, and mailed or otherwise delivered to the Lessor's

Tagged Passions:rental and leasing

2
Treasurer, City of Roanoke, P. 0. Box 1451, Roanoke, VA 24007. Checks should be made

Tagged Passions:Treasurer and TREASURER

payable to the Roanoke City Treasurer.

Tagged Passions:Treasurer and TREASURER

5.
Subleasing- Lessee covenants and agrees that it will not sublet, license, assign, or

transfer by operation of law or otherwise this Lease Agreement, the Leased Premises or any right Lessee is authorized to exercise hereunder, without the prior written consent of the Lessor, such written consent to include a specific reference to this Lease Agreement or any unrecorded

Tagged Passions:license and leasing

form thereof. Any attempt by the Lessee to sublet, license, assign, or transfer by operation of

No additional detail provided

Tagged Passions:license

law or otherwise this Lease Agreement, the Leased Premises, or any rights Lessee is authorized

No additional detail provided

Tagged Passions:leasing

to exercise hereunder without the prior written consent of the Lessor, shall result in the

automatic termination of this Lease Agreement. 6. Condition of the Leased Premises - Lessee has inspected the Leased Premises and

Tagged Passions:leasing

acknowledges that the Leased Premises are suitable for the purpose intended by the Lessee, and

the Leased Premises are being made available in its as is , where is condition, and the Leased Premises are being accepted by Lessee in such condition. Lessor makes no warranties of any
Tagged Passions:public safety and leasing

kind regarding any aspect of the Leased Premises and its suitability for the Pennitted Use,

Tagged Passions:leasing

including but not limited to, the physical and environmental condition of the Leased Premises,

and Lessor expressly disclaims any express or implied warranties regarding the Leased Premises.

Tagged Passions:public safety, leasing, and environment

7.
Alterations and Improvements - There shall be no major alterations of the

Leased Premises by Lessee, without Lessor's prior written consent, such prior written consent shall be required before Lessee shall be allowed to construct and install signage, benches, and a shelter. Other structures shall be approved by Lessor, if at all, in writing by Lessor before construction or installation of the same. Lessee agrees to remove such structures and signage

Tagged Passions:advertising, leasing, and construction

and restore the Leased Premises to the same condition that existed at the commencement of this

Tagged Passions:leasing

3
Lease, at Lessee's sole cost and expense, upon the termination, expiration, or cancellation of this

Lease by either party. Lessee agrees to pay for the cost of any damage to the Leased Premises caused by such removal or restoration at Lessee's sole expense. Lessee further agrees that it shall
Tagged Passions:leasing

remove any structure or property installed by Lessee that is objectionable to Lessor in the sole

discretion and determination of Lessor within fifteen ( 15) calendar days of receipt of notice from Lessor to do so.
Tagged Passions:property

8.
Utilities - Lessee shall pay all utility connections and service charges, if any,

with respect to the Leased Premises.

Tagged Passions:Utility, leasing, and utility

9.
Maintenance- Lessee agrees to be responsible for all maintenance of any kind on

the Leased Premises. Lessee agrees that it shall not allow the Leased Premises to become unsightly or overgrown with, weeds, vegetation and crops, in the determination or Lessor, and shall otherwise keep the Leased Premises in good appearance and free and clear of debris and

Tagged Passions:leasing

litter. Lessee further agrees that it shall trim and remove such overgrowth upon demand by

Lessor. Lessee shall assume all liability for damage or loss to persons or property by its actions or actions of its machinery, equipment, agents, employees, guests, invitees and contractors in connection with this Lease. The parties agree that Lessor shall have no obligation to maintain the Leased Premises.

Tagged Passions:property, leasing, and equipment

10.
Restoration of Premises- Lessee shall restore the Leased Premises to the same

condition in which the Leased Premises existed prior to commencement of this Lease, upon

Tagged Passions:leasing

termination, nonrenewal, or cancellation of this Lease Agreement.

Tagged Passions:leasing

11.
Inspection- Lessee hereby grants and gives to the Lessor, its agents and

employees the right and license to enter the Leased Premises, without notice, at any reasonable time to inspect the Premises or to conduct a reasonable environmental investigation, including

Tagged Passions:license, leasing, grant, and environment

4
but not limited to an environmental assessment or audit of the Premises to satisfy the Lessor that

the Premises are free from environmental contaminations and hazards. The Lessor may employ engineers to conduct such investigations on the Lessor's behalf, and the Lessee shall give to such engineers the same rights and licenses as the Lessor may have pursuant to this section. The Lessee shall from time to time and upon the request of the Lessor, give to the Lessor or to whomever the Lessor may designate, such assurances as may be necessary to show that the Lessee is in compliance with any and all Environmental Laws. The Lessor shall use its best efforts to minimize interference with the Lessee's business but shall not be liable for any interference or harm caused by the Lessor's exercise of its rights under this section. If after conducting any such Environmental investigation as required herein, should any environmental

Tagged Passions:compliance, audit, license, environment, and business

contamination be found that is the result of Lessee, its employees, guest, agents, patrons, or

assigns, the cost of such investigation and audit, in addition to all costs required to comply with any Environmental Law and to conduct necessary cleanup, and the payment of any fines and

Tagged Passions:audit and environment

penalties made against Lessor by any court or regulatory agency as a result of any such

environmental condition existing shall be borne by the Lessee and paid by Lessee immediately
Tagged Passions:legal, regulation, court, and environment

upon written demand therefore.

12. Compliance with laws, rules and regulations - In Lessee's exercise of the rights and privileges granted herein, Lessee, its agents, employees, guests, invitees, contractors, and/or any other person over whom Lessee has control shall observe, obey and comply fully at Lessee's own expense with all present and future, federal, state and local laws, rules or regulations, applicable to or affecting directly or indirectly Lessee or its operations and activities on or in connection with the Leased Premises.

Tagged Passions:compliance, leasing, regulation, and grant

5
13. Indemnity - Lessee shall indemnify and hold harmless the Lessor, its officers,

agents and employees, against any and all loss, cost or expense, including attorney's fees,
Tagged Passions:legal

resulting from any claim, whether or not reduced to a judgment, and for any liability of any

nature whatsoever that may arise out of or result from activities or omissions of Lessee, its

successors, officers, agents, employees, assigns, guests, contractors, or invitees, on the Leased Premises, pursuant to this Lease, including, without limitation, fines and penalties, violations of federal, state or local laws, or regulations promulgated thereunder, personal injury, wrongful death, or property damage claims. In addition to the indemnification provision contained elsewhere in this Lease Agreement, and regardless of the Lessor's acquiescence, Lessee agrees to
Tagged Passions:property, leasing, and regulation

indemnify, defend and hold the Lessor, its officers, agents and employees, harmless from any

and all costs, liabilities, expenses, lines, penalties, or civil judgments, including attorney's fees resulting from or obtained against or paid by the Lessor as a result of Lessee's violations of or failure to comply with any other provisions of this Lease Agreement. This provision shall survive the termination, cancellation, or expiration of this Lease.

Tagged Passions:legal and leasing

14.
Insurance Coverage - Lessee shall, at its sole expense, obtain and maintain during

the life of this Lease Agreement, the insurance policies required by this Section. Any required insurance policies shall be effective prior to the beginning date of this Lease Agreement. The

Tagged Passions:leasing and insurance

following policies and coverages are required:

(a) Commercial General Liability. Commercial General Liability insurance, written on an occurrence basis and including products/completed operations coverage, shall insure against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of the Licensee's/should this be Lessee's actions under this Lease

Tagged Passions:commercial, property, leasing, and insurance

6
Agreement. The minimum limits of liability for this coverage shall be 1,000,000 combined

single limit for any one occurrence. (b) Contractual Liability. Broad form Contractual Liability insurance shall include the indemnification obligation set forth in Section 13 and Section 18 of this Lease Agreement. (c) Tenant's insurance. Lessee shall, at its sole cost and expense, obtain and maintain during the life of this Agreement a property insurance policy written on an all risk basis insuring buildings, HV AC, and all of tenant's personal property, including, but not limited to, equipment, furniture, fixtures, furnishings, and leasehold improvements which are Lessee's responsibility, for not less than full replacement cost of such property. Lessee is responsible for and all deductibles and coinsurance penalties that may apply. All proceeds of such insurance shall be used to repair or replace tenant's property. Such insurance coverage shall include an
Tagged Passions:property, policy, rental, risk, leasing, equipment, and insurance

amount equal to twelve months loss of rent coverage payable to the Lessor.

(d) Workers' Compensation. Workers' Compensation insurance covering Licensee's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability

Tagged Passions:compensation and insurance

insurance shall be maintained for all its employees engaged in work on the Premises. Minimum

Tagged Passions:insurance

limits of liability for Employer's Liability shall be 100,000 bodily injury by accident each

occurrence; 500,000 bodily injury by disease (policy limit); and 100,000 bodily injury by disease (each employee). With respect to Workers' Compensation coverage, the Contractor's insurance company shall waive rights of subrogation against the City, its officers, employees, agents, volunteers and representatives. The insurance overages and amounts set forth in subsections (a), (b), (c) and (d) of this Section may be met by an umbrella liability policy following the form of the underlying primary coverage. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement
Tagged Passions:policy, compensation, volunteer, and insurance

7
stating that it applies to the specific policy numbers indicated for the insurance providing the

overages required by subsections (a), (b), (c) and (d), and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by Lessee to the City.

Tagged Passions:policy and insurance

All insurance shall meet the following requirements:

No additional detail provided

Tagged Passions:insurance

(a) Lessee shall furnish the City a certificate or certificates of insurance showing the

type, amount, effective dates and date of expiration of the policies. Certificates of insurance shall include any insurance deductibles. (b) Insurance cancellation will be in accordance with policy. (c) The required certificate or certificates of insurance shall name the City of Roanoke, its officers, employees, agents, volunteers and representatives as additional insured. (d) Where waiver of subrogation is required with respect to any policy of insurance required under this Section, such waiver shall be specified on the certificate of insurance. (e) Insurance coverage shall be in a form and with an insurance company approved by the City which approval shall not be unreasonably withheld. Any insurance company

Tagged Passions:policy, volunteer, and insurance

providing coverage under this Lease Agreement shall be authorized to do business in the

No additional detail provided

Tagged Passions:leasing and business

Commonwealth of Virginia. Such coverage shall not be canceled or materially altered except

after thirty days written notice of such cancellation or material alteration to the Director of Risk
Tagged Passions:risk

Management of the Lessor. Prior to the execution of this Lease Agreement, Lessee shall provide

the Lessor's Director of Risk Management with an exact copy of the Certificate of Insurance as specified above. All renewal policies shall be delivered to the Lessor's Director of Risk
Tagged Passions:risk, leasing, and insurance

Management at least fifteen days prior to the expiration date of the expiring policy. If at any time

the coverage, carrier or limits on any policy or the insurance requirements contained herein shall
Tagged Passions:policy and insurance

8
become unsatisfactory to the Lessor, Lessee shall forthwith provide a new policy meeting the

Tagged Passions:policy

requirements of the Lessor.

15. Compliance with Environmental Laws - Lessee, its agents, employees, guests, patrons, and assigns, shall comply and ensure the compliance with all federal, state and local laws, rules, regulations, resolutions and ordinances controlling air, water, noise, solid waste and other pollution and relating to the use, storage, transportation, release or disposal of hazardous material substances or waste, which materials include, but are not limited to, any fertilizer and
Tagged Passions:compliance, ordinance, Utility, noise, materials, regulation, utility, transportation, solid waste, environment, and water

others products used in the gardening process.

16. Hazardous Waste and Materials Prohibited - Lessee shall not bring or allow or permit to be brought onto, stored, disposed of, or released, any hazardous, toxic, or petroleum substances, waste or materials of any kind on the Leased Premises, except if the same are

Tagged Passions:commercial, Fossil Fuels - Oil, leasing, and materials

considered as fertilizer or other commonly used gardening materials.

17. Report release of Hazardous Materials - Lessee shall immediately furnish to the Lessor's Director of Risk Management written notice of any and all releases of hazardous waste,
Tagged Passions:risk, hazardous materials, and materials

materials or substances whenever such releases are required to be reported to any federal, state,

or local authority, and pay for all cleanup and removal costs. Such written notice shall identify the substance released, the amount released, the measures undertaken to cleanup and remove the
Tagged Passions:materials

released material and any contaminated soil or water. Lessee shall also provide Lessor with

No additional detail provided

Tagged Passions:Utility, utility, and water

copies of any and all reports resulting from tests on the Leased Premises or made to any

governmental agency which relate to the Leased Premises.
Tagged Passions:leasing

18.
Environmental Indemnifications - Regardless of the City's acquiescence and in

No additional detail provided

Tagged Passions:environment

addition to the indemnification provisions contained elsewhere in this Lease Agreement, Lessee

shall indemnify, defend, and hold Lessor, its officers, agents and employees, harmless from all
Tagged Passions:leasing

9
costs, liabilities, penalties, or fines, including attorney's fees, resulting from or arising out of

Lessee, its employees, agents, guests, patrons, or assigns, violation of the environmental provisions contained in this Lease Agreement and agrees to reimburse the Lessor for any and all costs and expenses incurred in eliminating or remedying such violations. Lessee further covenants and agrees to reimburse and hold the Lessor its officers, agents and employees,
Tagged Passions:legal, leasing, and environment

harmless from all costs, expenses, attorney's fees and all penalties or civil judgments obtained

against the Lessor as a result of Lessee's, its employees, agents, guests, patrons, or assigns, use, release or disposal of petroleum product, hazardous substance, material, or waste onto the ground or into the air or water. Lessee agrees to waive any and all statutes of limitations applicable to any controversy or dispute arising under these environmental provisions and Lessee further agrees that it will not raise or plead a statute of limitation defense in any action arising out of
Tagged Passions:legal, Fossil Fuels - Oil, Utility, utility, environment, and water

Lessee's failure to comply with the environmental provisions contained herein. This provision

No additional detail provided

Tagged Passions:environment

shall survive the termination, cancellation, or expiration of this Lease.

Tagged Passions:leasing

19.
Notice - Unless otherwise specified, all notices, consents and approvals required

or authorized by this Lease Agreement to be given by or on behalf of either party to the other, shall be in writing and signed by a duly designated representative of the party by or on whose behalf they are given and shall be deemed given three days after the time a certified letter

Tagged Passions:leasing

properly addressed, postage prepaid, is deposited in any United States Post Office or upon hand

delivery. Notice to the City of Roanoke shall be addressed to the:

City of Roanoke Attention: Economic Development Manager I 17 Church Avenue, S.W. Roanoke, Virginia 2401 I

(w. a copy to the Parks and Recreation Manager,
Tagged Passions:manager, development, church, parks, Development, recreation, and economic development

10
Room 303 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 240 11

or at such other office as Lessor may hereinafter designate by notice to the Lessee in writing.
Tagged Passions:church

Notice to the Lessee shall be sent to:

Carilion Clinic Attention: Roanoke, Virginia _____ _ or at such other place as Lessee may hereinafter designate by notice to the Lessor in writing.

20.
Default- In addition the event Lessee breaches any provision of this Lease

Agreement, and does not cure such breach within thirty (30) days after written notice of demand by Lessor, or Lessee has not established an urban fann in accordance with Lessee's proposal

Tagged Passions:leasing and events

attached as Exhibit B within six months of the date of this Lease Agreement, as determined by

Lessor, this Lease Agreement shall terminate automatically, and Lessee agrees that Lessor may pursue Lessor's remedies available at law or in equity.
Tagged Passions:leasing

21.
Entire Agreement - This Lease Agreement constitutes the entire understanding

between the parties. Any changes or modification of this Lease Agreement must be in writing signed by both parties.

Tagged Passions:leasing

22.
Severability - In the event any provision herein shall be finally declared void or

illegal by any court or administrative agency having jurisdiction, the remaining provisions shall continue in full force and effect as nearly as possible in accordance with the original intent of the parties. II

Tagged Passions:legal, events, and court

23.
Headings - The headings used in this Lease Agreement are intended for

convenience and reference only and do not define, expand, or limit the scope or meaning of any

Tagged Passions:leasing

provision of this Lease Agreement.

IN WITNESS WHEREOF, the parties have executed this Lease Agreement as of the day and year first written above: ATTEST: Stephanie M. Moon Reynolds, City Clerk Approved as to fonn: Assistant City Attorney LESSOR:
Tagged Passions:legal and leasing

CITY OF ROANOKE, VIRGINIA

By ____________________________ __ RobertS. Cowell, Jr., City Manager LESSEE: CARILlON CLINIC By ____________________ (SEAL) Printed Name: --------------
Tagged Passions:administrator and manager

Title: --------------------

Approved as to execution: Assistant City Attorney

Tagged Passions:legal

12
EXHIBIT A

No additional detail provided

DIAGRAM OF LEASED PREMISES

EXHIBIT B LESSEE'S PROPOSAL TO LESSOR DATED NOVEMBER 22, 2017
Tagged Passions:leasing

13
14

To: Meeting: Subject:

CITY COUNCIL AGENDA REPORT

Honorable Mayor and Members of City Council February 5, 2018 Request a Public Hearing for Western Virginia Water Authority for a New 20-foot Easement along Kenwood Boulevard

Background: The Western Virginia Water Authority ( WVWA), is requesting a new permanent 20- foot easement to construct, install, improve, operate, inspect, use, maintain, repair or replace a sewer line or lines together with related improvements including slope(s), if applicable (the Permanent Easement ), and two five foot (5') temporary construction easements to use as a construction staging and laydown area (the Temporary Easements ) (collectively, the easements ), together with the right of ingress and egress thereto from a public road, upon, over, under, and across those tracts or parcels of land belonging to the City, acquired by deed dated May 26, 201 0, and recorded in the Clerk's Office for Circuit Court of the City of Roanoke, Virginia, as Instrument Number 100004820, and designated on the Land Records as Tax Map No. 4321029 (the Property ). Recommended Action: Authorize the scheduling of a public hearing to consider the granting of the 20- foot easement along Kenwood Boulevard, along the boundary of the aforementioned City-owned properties, for February 20, 2018, at 7:00 p.m., or at such time thereafter as the matter may be reached, or at such later date and time as the Ci . ager may determine.
Tagged Passions:streets, taxes, hearing, legal, property, Taxes, council, Utility, easement, utility, construction, grant, court, sewer, and water

Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Finance Robert K. Bengtson, P.E., Director of Public Works Luke E. Pugh, P.E., City Engineer Cassandra L. Turner, Economic Development Specialist


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