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City of Hampton, Virginia
Resolution
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22 Lincoln Street
Hampton, VA 23669
www.hampton.gov
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File
Number: 05-0751
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Enactment Number: -
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Resolution authorizing the execution
of a Memorandum of Understanding (MOU), Development Agreement, and Ground
Lease for the land purchase and development of the Buckroe Fishing Pier and
Restaurant Project and the extension of Resort Boulevard, and reallocating $2
million originally appropriated for the reconstruction of the fishing pier to
the land purchase for the Project and the extension of Resort Boulevard.
RESOLUTION
WHEREAS, the Council of
the City of Hampton has set as a priority the revitalization of Buckroe to
attract investment, new business and new vitality to the Buckroe area through
the adoption of the Buckroe Master Plan;
WHEREAS, the Buckroe Master
Plan recommends that the fishing pier located on property owned in Buckroe by
Abbott Associates, L.L.C (Abbott), and destroyed by hurricane Isabel be
reconstructed in the same location;
WHEREAS, Boone Builders,
Inc. (Boone), the successful respondent to the Citys request for proposals,
has proposed to build, operate and maintain a new fishing pier and family-style
restaurant with on-site parking (the Buckroe Fishing Pier Complex) on a
portion of the Abbott property;
WHEREAS, staff has
negotiated the purchase of a portion of Abbotts property consisting of
approximately 65,417 square feet of real property located at the southeast
corner of Thimble Shoals Lane and Seaboard Avenue and 8,800 square feet
representing the rights to the remains of the fishing pier in the Buckroe area
(the Property) for a total of 74,217 square feet on land and improvements, as
shown on Exhibit A;
WHEREAS, the acquisition of
the Property will facilitate the extension of Resort Boulevard and allow Boone
to construct and operate the Buckroe Fishing Pier Complex on a portion of the
Property as shown on Exhibit B pursuant to a 40-year ground lease;
WHEREAS, the Memorandum of
Understanding, the Development Agreement, and the Ground Lease attached to this
Resolution set forth reasonable and acceptable terms;
WHEREAS, funding to acquire
the Property and construct the Resort Boulevard extension will come from the $2
million Council originally appropriated for the reconstruction of the fishing
pier; and
WHEREAS, the purchase of
this Property and the development of the Buckroe Fishing Pier Complex is
strategic for the revitalization of Buckroe in accordance with the Buckroe
Master Plan and is manifestly in the public interest.
NOW, THEREFORE, BE IT
RESOLVED, by the Council of the City of Hampton, Virginia, as follows:
1. That the
City Manager or his designee is hereby authorized and directed to (i) execute
the Memorandum of Understanding, the Development Agreement and the Ground
Lease, in substantially the form attached to this Resolution, with such
modifications as the City Manager or his designee, on the advice of the City
Attorney, believes to be in the interest of the City, and (ii) any and all
necessary legal documents to effectuate the transfer of title; such documents
shall include, but not be limited to, contracts, deeds, easements, releases for
sale and transfer, and conveyance of the Property;
2. That
the $2million originally appropriated for the reconstruction of the fishing
pier be reallocated to the purchase of the Property and the extension of Resort Boulevard; and
3. That this Resolution shall be effective upon
adoption
Adopted at
the regular meeting of the City Council of the City of Hampton, Virginia held
on December 14, 205.
Signed by ____________________________ Date
_________________
Ross A. Kearney, II, Mayor
Attested by ____________________________ Date _________________
Katherine K. Glass
Clerk of the Council