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Chesapeake City of Chesapeake
Office of the City ManagerPost Office Box 15225
Chesapeake Virginia 233285225Office 757 3826166
Fax 757 3826507TDD 757 3828214
MEMORANDUM
TO The Elonorable Mayor and Me Ci ouncil
FROM James E Baker City ManagDATE April 25 2014
SUBJECT Public Safety Report on VA Live
In follow up to the April 22 2014 City Council Meeting attached please findreports from the Police and Fire Chiefs Please feel free to contact me should yourequire any additional information
JEBMASsjm
c Jan L Proctor City AttorneyEdmund E Elliott Fire ChiefKelvin L Wright Police ChiefJaleh Shea Director of Planning
Attachments 2
the City orCtesapeake adheres to fi principles of equal employment opportunityThisp extends to all programs and services supported by the City
Chesapeake City of Chesapeakevainomme seassernewor
Chesapeake Fire Department304 Albemarle Drive
Chesapeake Virginia 23322Phone 757 3826297
TO James E Baker City Manager
VIA Mary Ann Saunders Assistant to the City Manager
FROM F E Elliott Fire Chief
DATE April 24 2014
SUBJECT Public Safety Reports April 22 City Council FollowUp Response VA LiveEntertainment
In response to City Councils request regarding the possible impact to Public Safety ofa lease agreementbetween the City and All in One Entertainment EEC doing business as VA Live Entertainment ComplexVA Live at 3376 South Military Highway for use ofa parking lot owned by the City at 3316 SouthMilitary Highway Fire Marshal Michael Hoag and members of the Fire Prevention Division Staff havereviewed the lease agreement provided by the City AttorneysOffice as well as conducted fire and lifesafety inspections at this location The Fire DepartmentFirePrevention Division has no record of anyserious offenses or significant events at this location and has no objection to the lease as presented
If you require additional input please let me know
JD
Cc 0 F Fermil Jr Deputy Fire ChiefM X Hoag Fire MarshalFire Prev Div ChiefCol Kelvin Wright Chief of PoliceLt Col Mark Solesky Deputy Chief of PoliceJan Proctor City Attorney
The City of Chesapeake adheres to the principles of equal employment opportunityThis policy extends to all programs and services supported by the City
CIRGINIAOffice of the City Attorney
306 Cedar Road
Chesapeake Virginia 23322757 3826586
Fax 757 3828749
April 16 2014
TO Mayor Krasnoff ViceMayor de Triquet and Members of the City Council
Re Proposed Lease of Parking Lot at 3316 South Military Highway on Weekends toPrivate Business VA Live Entertainment Complex for Parking Purposes
All in One Entertainment LLC doing business as VA Live Entertainment Complex VALive at 3376 South Military Highway has requested that the City lease the parking lot ofproperty owned by the City at 3316 South Military Highway solely for parking purposes EricMartin Director of Public Works has no objection to a oneyear lease with four oneyearrenewal options subject to termination for convenience of the City at any time
The property is intended to be the site for the future relocation of the Operations Facilityof the Department Public Works Representatives of VA Live have been advised that they needto begin planning an alternative overflow parking location for longterm use
The draft lease provides that VA Live would make quarterly payments of405000 inorder to use the parking lot for parking on Friday Saturday and Sunday nights for an annualtotal of1620000VA Live would be obligated to maintain adequate insurance indemnify theCity and provide for security and safety of vehicles and drivers using the lot during theweekends
This item will be heard at the April 22 2014 City Council meeting A copy of the draftlease agreement is enclosed
If you have any questions please contact me
Very truly yoursr
Jari L ProctorCity Attorney
JLPhvmEnclosurecc James E Baker City Manager
Amar Dwarkanath PE Deputy City ManagerEric J Martin PE Director of Public Works
The City of Chesapeake adheres to the principles of equal ernployrvent opportunityThis policy extends to all programs and services supported by the City
RESOLUTION APPROVING THE LEASE OF PARKING FACILITIES AT 3316SOUTH MILITARY HIGHWAY TO ALL IN ONE ENTERTAINMENT LLC ANDRUSSELL PETTAWAY AND AUTHORIZING THE CITY MANAGER TOEXECUTE A LEASE AGREEMENT
WHEREAS 3316 South Military Highway which was acquired by the City for the
future relocation of the Operations Facility of the Department of Public Works is presentlyvacant and
WHEREAS representatives of an adjacent business have requested a lease of the
parking area Property to be used for overflow parking for weekend events and
WHEREAS the City Council finds that granting such a lease for a oneyear term with
four possible renewal years subject to a termination for convenience clause will promote the
economic health of the surrounding area and will also prevent vandalism and blight
NOW THEREFORE BE IT RESOLVED AND ORDAINED by the Council of
the City of Chesapeake Virginia as follows
1 The City Council hereby approves the lease of the Property to All in One
Entertainment LLC and Russell Pettaway
2 The City Manager is authorized to execute the lease agreement in substantially
the same form as presented at this meeting with such completions omissions insertions and
changes as approved by the City Attorney
3 The City Manager is authorized to terminate the lease agreement for
convenience in the event that the Property is needed for public purposes including but not
limited to activities related to the construction of a new Operations Facility
ADOPTED by the Council of the City of Chesapeake Virginia this day of
City Attorneys Office 2014City of ChesapeakeMunicipal Center306 Cedar Road 1
Chesapeake Virginia23322
757 3826586Fax 757 3828749
APPROVED
Mayor
ATTEST
Clerk of the Council
City Attorneys OfficeCity of ChesapeakeMunicipal Center306 Cedar Road 2
Chesapeake Virginia23322
757 3826586Fax 757 3828749
LEASE AGREEMENT
THIS LEASE AGREEMENT Lease made this day of
2014 by and between the CITY OF CHESAPEAKE
VIRGINIA a Virginia municipal corporation Lessor or City and All in One
Entertainment LLC doing business as VA Live Entertainment Complex and Russell
Pettaway in his personal capacity Lessees whose address is 3376 S Military
Highway Chesapeake VA 23323 Lessor and Lessees may be collectively referred to as
the Parties
WITNESSETH That for and in consideration of the covenants and agreements
contained herein to be kept and performed by the Lessees the Lessor hereby leases unto
said Lessees use of the parking facilities located at 3316 South Military Highway
immediately adjacent to the service road alongside South Military Highway and outside
of the gated area in front of a building located on the property in the City of Chesapeake
Virginia and depicted on Exhibit A which is incorporated herein by reference the
Leased Property solely for the purpose of parking on Friday nights from 9 pm to the
following Monday mornings at 12 am upon the following terms and conditions
1 TERM
Lessor agrees to lease the Leased Property to Lessees to be used on Friday nights
from 9 pm to the following Monday mornings at 12 am from May 2 2014 through May
2 2015 The Lease Term may be extended for four 4 additional oneyear terms unless
the Lessor gives written notice to the Lessees prior to the anniversary date of the effective
date of this Lease in any given year in which a renewal is optional or the Lessees fail to
pay the annual rental fee Despite the Lease Term stated in this paragraph including any
optional extension thereof the Lessor expressly reserves the right to exercise the early
termination provisions for cause or convenience stated in paragraph 11
2 RENT
Lessee shall pay 16200 for use of the Leased Property during the initial Lease
Term according to the following quarterly payment schedule4050 by May 1 2014
4050 by August 1 20144050 by November 1 2014 and4050 by February 1
2015 Lessee shall also pay the cost of the notice of public hearing to be published in
advance of the City Council meeting at which this Lease Agreement is a public hearing
and agenda item In the event that the Lease Agreement is renewed Lessee shall pay a
total of16200 for each year in which the Lease is renewed in quarterly payments of
4050 to be paid on or before May 1 August 1 November 1 and February 1 of future
renewal years All payments are to be made payable to the Chesapeake City Treasurer
and mailed or delivered to the City Right of Way Agent In the event that the Lessor
terminates this Lease prior to the end of the Lease Term stated in paragraph 1 through no
fault of the Lessee Lessor shall refund 400 for each weekend remaining in the quarter
of the Lease Term for which rent was paid
3 LEASE RESTRICTIONS
a Said premises shall be used solely for the purpose of parking and
activities relating to parking security that do not permanently improve or damage
the property If at any time Lessees use the Leased Property for purposes other
2
than that permitted in this Lease Agreement then this Lease Agreement shall
automatically be terminated and all rights to use enjoy and occupy the Leased
Property shall automatically revert back to Lessor without any liability to Lessor
b Lessees agree that they and their invitees shall maintain vehicular
access and entry to the locked gate at the rear of the area subject to this Lease to
City employees and emergency responders at all times
c Lessees shall provide parking lot security and parking attendants
during the term of this Lease and shall ensure that the Leased Property is clear of
any vehicles trash and debris at 12 am on any Monday morning during the Lease
Term Lessor shall not be responsible or liable for loss or damage by reason of
damage theft collision or any other cause to vehicles parked or operating in the
area subject to this Lease Agreement
d Lessees acknowledge and agree that no alcohol will be consumed
or distributed on the Leased Property and that Lessees shall comply at all times
during the term of this Lease with all applicable laws and regulations
e Lessees acknowledge and agree that this Lease Agreement in no
way permits them or their invitees to trespass on adjoining properties or to
interfere with vehicular traffic on the service road or South Military Highway and
Lessees shall facilitate safe access by pedestrians by shuttle service or a
designated pedestrian route on the grass shoulder of the service road from the
Leased Property to their venue
3
f Lessees understand that the Leased Property is public property
owned by Lessor and Lessees therefore shall at all times during the Lease Term
make the Leased Property available to all citizens free of charge and without
discrimination of any kind Lessees shall not undertake any action other than
reasonable and nondiscriminatory crowd control and security measures during the
Lease Term resulting in restricting the rights of citizens to use and enjoy the
Leased Property
g Lessees understand and agree that the Lessor retains the right to
restrict use of the Leased Property when it is deemed necessary in Lessors sole
discretion to protect the health and safety of the general public
4 OWNERSHIP OF THE PROPERTY
Lessor is the record owner of the Leased Property Nothing contained in this
Lease shall be construed to limit diminish waive or convey Lessorsrights title or
interests whether legal or equitable in and to the Leased Property
5 LESSORSUSE OF THE PROPERTY
Lessor shall have the right at all times during the Lease Term to use and occupy
the Leased Property except that Lessor shall not unreasonably interfere with the rights
granted to Lessees in this Lease Agreement
6 PROPERTY LEASED ASIS
Lessor makes no representations or warranties regarding the condition of the
Leased Property Lessees accept the Leased Property in its present conditions ASIS
The Leased Premises do not have lighting and Lessees are exclusively responsible for
4
providing any security or pedestrian lighting and any associated costs subject to the
requirements of paragraph 11c regarding the need for written consent of Lessor for any
structural changes and removal of structural changes equipment and personal property
by Lessees at the end of the Lease Term
7 LESSEESMAINTENANCE AND OPERATION OF THE PROPERTY
During the Lease Period Lessees shall preserve and maintain the Leased Property
in the same condition upon which it was delivered to Lessees reasonable wear and tear
excepted Lessees shall at their sole cost and expense be responsible for the timely
payment of all repair operational and maintenance costs for the Leased Property which
may become necessary because of Lessees use of the Leased Property Lessees shall not
undertake or cause the undertaking of any action that damages the Leased Property
8 INSURANCE
Lessees shall at their sole cost and expense and simultaneously with the
execution of this Agreement maintain during the Lease Term without lapse an insurance
policy or policies of insurance in such form as may be approved by the LessorsRisk
Manager Prior to or upon execution of this Lease Agreement Lessees shall furnish a
certificate of insurance evidencing commercial general liability coverage in a sum of not
less than100000000per occurrence and300000000aggregate with the Lessor
named as an additional insured
9 INDEMNIFICATION AND RISK OF LOSS
a Lessees assume all risk associated with the operation of its
activities on the Leased Property To the extent allowed by law Lessees their
5
agents employees volunteers heirs and representatives joint and severally shall
now and forever protect indemnify defend save and hold harmless Lessor its
officials departments employees and representatives from any claim loss cost
or damage that may arise out of or in connection with this Lease or the use of the
Leased Property by Lessees or their agents employees volunteers heirs
representatives invitees or by any other person using or entering upon the Leased
Property during the Lease Term
b Lessees acknowledge and agree to assume all risk of loss or
damage to property arising out of use of the area subject to this Lease Agreement
and adjoining City rightofway including without limitation property damage
and all risk of personal injury including but not limited to death attributable to
any cause other than the gross negligence of Lessor To the extent allowed by
law Lessees release and hold harmless the City of Chesapeake for all injuries and
claims associated directly or indirectly with use of the Leased Property by
Lessees their invitees and third parties
c The Lessor expressly reserves all rights privileges and immunities
granted it under the laws and statutes of the United States and the State of
Virginia and under the Code of Ordinances of the City of Chesapeake as to any
claim made against it
6
10 LESSEESCOMPLIANCE WITH APPLICABLE LAWS AND
POLICIES
Lessees shall at all times during the Lease Term observe obey and comply with
all rules regulations ordinances and policies promulgated from time to time by the
Lessor which govern the operations use and conduct on City property Lessees shall
further observe obey and comply with all applicable state and federal laws and
regulations
11 TERMINATION
a If the Lessees breach any material provision contained in this
Lease Agreement Lessor may automatically terminate this Lease Agreement
without any liability at any time during the Lease Term
b Upon the natural expiration or termination of this Lease
Agreement all rights and privileges granted herein to Lessees shall automatically
cease and Lessees shall promptly surrender the Leased Property to the Lessor in
the same condition upon which it was delivered to Lessees with reasonable wear
and tear excepted
c Any structural changes proposed to be made to the Leased
Property shall require the prior written consent from Lessor and shall be promptly
removed from the Leased Property at Lessees sole cost and expense unless
Lessor consents otherwise in its written consent All equipment and personal
property brought installed or placed on the Leased Property by Lessees their
7
agents employees volunteers heirs representatives invitees or by any other
person using or entering upon the Leased Property during the Lease Term shall be
deemed the property of Lessees and Lessees shall promptly remove the same
upon the natural expiration or termination of this Lease Agreement In the event
that Lessees fail to remove such equipment and personal property Lessor in its
sole discretion may determine such personal property to be abandoned and may
dispose of it with such cost and liability for the disposal to be borne by the
Lessees
d This Lease is revocable and terminable at will of the Lessor at any
time for cause or convenience and shall in no way be construed as the granting of
a perpetual easement or otherwise vesting in the Lessees any type of property
right Lessees acknowledge and agree that the City intends to develop plans for
construction of a new public facility including use of the Leased Property and
Lessees are on notice that they should begin developing longterm parking
solutions for the future of their venue In order to pursue future use of the Leased
Property Lessor expressly reserves the right for it or its consultants to with 24
hours advance notice to Lessor conduct tests or inspections that may restrict use
of designated areas of the Leased Property during the Lease Term
12 NO ASSIGNMENTS TRANSFERS OR CONVEYANCE
Lessees shall not assign transfer or convey the rights consents or privileges
granted in this Lease Agreement or any part thereof Lessees shall not sublet the Leased
8
Property or grant any licenses or concessions in connection with the Leased Property
without the prior written consent of Lessor
13 AMENDMENTS
This Lease Agreement shall not be amended except by a written instrument
signed by the authorized signatories of the Parties
14 NO AGENCY
Nothing contained in this Lease Agreement shall be construed to create a
partnership agency joint venture or other similar relationship between the Parties
Lessee acknowledges and agrees that it is solely responsible for its activities on the
Leased Property
15 MISCELLANEOUS
This Lease Agreement represents the complete and final understanding among
and between the Parties and all other prior agreements or understandings whether oral or
in writing are hereby made invalid void and unenforceable In the event that a court of
competent jurisdiction deems one or more of the provisions in this Lease Agreement to
be void and unenforceable the remaining provisions shall remain valid and enforceable
This Lease Agreement shall be interpreted governed and enforced under the laws of the
Commonwealth of Virginia In the event of a dispute between the Parties arising out of
or related to the Lease Agreement the Parties agree to submit any cause of action to
mediation upon consent of all necessary parties or to a court with competent jurisdiction
located in the City of Chesapeake Virginia
9
16 AUTHORITY
The individuals who sign this Agreement certify that they have full
authority to enter into this Agreement
17 CITY COUNCIL APPROVAL
This Lease was authorized by resolution adopted by the Chesapeake City Council
on 2014
READ UNDERSTOOD AGREED AND ACCEPTED by the Parties authorized
representatives as evidenced below
SIGNATURES TO FOLLOW
10
WITNESS the following signatures and seals
CITY OF CHESAPEAKE VIRGINIA
ByCity Manager
ATTEST
Clerk of the Council
STATE OF VIRGINIACITY OF CHESAPEAKE towit
The foregoing instrument bearing date of 2014
was acknowledged before me this day of 2014
by James E Baker City Manager and
of the Chesapeake City ClerksOffice of the City of Chesapeake Virginia
Notary Public
Registration No
My commission expires
11
ALL IN ONE ENTERTAINMENT LLC
ByPresident
STATE OF VIRGINIACITY OF CHESAPEAKE towit
The foregoing instrument bearing date of 2014
was acknowledged before me this day of 2014
by President of All in One
Entertainment LLC
Notary Public
Registration No
My commission expires
RUSSELL PETTAWAY individually
By
STATE OF VIRGINIACITY OF CHESAPEAKE towit
The foregoing instrument bearing date of 2014
was acknowledged before me this day of 2014
by Russell Pettaway individually
Notary Public
Registration No
My commission expires
12
Approved as to form
Assistant City Attorney
13
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