City Council

City of Petersburg City Council Virginia www.petersburgva.gov Samuel Parham, Mayor – Ward 3 Annette Smith-Lee, Vice-Mayor – Ward 6 Treska Wilson-Smith, Councilor – Ward 1 Darrin Hill, Councilor – Ward 2 November 30, 2021 Special Charlie Cuthbert, Councilor – Ward 4 W. Howard Myers, Councilor– Ward 5 City Council Meeting Arnold Westbrook, Jr., Councilor – Ward 7 November 30, 2021 City Manager Petersburg Public Library Stuart Turille 201 West Washington Street Petersburg, VA 23803 3:00 PM 1. Roll Call 2. Closed Session a. The purpose is to convene in the closed session pursuant to §2.2-3711(A)(1) of the Code of Virginia for the purpose of discussion pertaining to the appointment of specific public of the performance, assignment and appointment of a specific public officer of the City of Petersburg specifically including but not limited to discussion of there performance, assignment and appointment of a specific public officer of the City of Petersburg; and under subsection §2.2- 3711(A)(7) and (8) of the Code of Virginia for the purpose of receiving legal advice and status update from the City Attorney and legal consultation regarding the subject of specific legal matters requiring the provision of legal advice by the City Attorney and matters of actual or probable litigation specifically including but not limited to Petersburg Circuit Case No.: CL21000495-00 3. Consent Agenda a. Request to hold a public hearing on December 14, 2021 for the consideration of an Ordinance authorizing the City Manager to execute a purchase agreement between the City of Petersburg and Northside Gourmet Market towards the sale of City-owned property at 835 Commerce Street, parcel ID 024-130012 4. Discussion and/or consideration a. Virginia Department of Emergency Management- LEMPG ($10,675.00) - 2nd Reading b. Discussion and/or consideration of Draft Ward Maps 5. Adjournment Page 1 of 57  3.a. City of Petersburg Ordinance, Resolution, and Agenda Request DATE: November 30, 2021 TO: The Honorable Mayor and Members of City Council THROUGH: Stuart Turille, City Manager Tangela Innis, Deputy City Manager FROM: Cynthia Boone RE: Request to hold a public hearing on December 14, 2021 for the consideration of an Ordinance authorizing the City Manager to execute a purchase agreement between the City of Petersburg and Northside Gourmet Market towards the sale of City-owned property at 835 Commerce Street, parcel ID 024-130012 PURPOSE: Request to hold a public hearing on December 14, 2021 for the consideration of an Ordinance authorizing the City Manager to execute a purchase agreement between the City of Petersburg and Northside Gourmet Market towards the sale of City-owned property at 835 Commerce Street, parcel ID 024-130012 REASON: To consider an Ordinance authorizing the City Manager to execute a Purchase Agreement towards the sale of the City-owned property at 835 Commerce Street. RECOMMENDATION: The Department of Economic Development recommends council considers the ordinance authorizing the City Manager to execute a purchase agreement between the City of Petersburg and Northside Gourmet Market towards the sale of City-owned property located at 835 Commerce Street. BACKGROUND: The Department of Economic Development received a proposal from Northside Gourmet Market to purchase City-owned property located at 835 Commerce Street, which is currently a vacant commercial building. The proposed use is to create a modular co-working space and business incubator for producers, small businesses, entrepreneurs, freelancers, artists and creatives who seek to create real-time solutions to health and well-being, that include indoor farming, fermented cultivation, local food storage and distribution by farmers. Also, the space will offer a café, an exercise studio that will include an event space for education, and fitness classes (workshops, yoga, dance, and workouts). The proposed purchase price for the parcel is $150,000, which is 34.81% of the assessed value, $430,900. The purchaser will also pay all applicable closing costs. Northside Gourmet Market has provided financial documentation supporting his ability to purchase the property and do the necessary renovations totaling $900,000. This proposal is not in compliance with the Guidelines for the City’s Disposition of City Real Estate Property Page 2 of 57 as it relates to the purchase price (half the assessed value). This proposal is in compliance with the City’s Zoning and the City’s Comprehensive Land Use Plan. Property Information The zoning of the parcel at 835 Commerce Street is M-1, light industrial. Address: 835 Commerce Street Tax Map ID: 835 Commerce Street Zoning: M-1 COST TO CITY: Costs associated with the conveyance of Real Property BUDGETED ITEM: N/A REVENUE TO CITY: Revenue from the sale of property and associated fees and taxes CITY COUNCIL HEARING DATE: 12/14/2021 CONSIDERATION BY OTHER GOVERNMENT ENTITIES: N/A AFFECTED AGENCIES: City Manager, Economic Development, City Assessor RELATIONSHIP TO EXISTING ORDINANCE OR RESOLUTION: N/A REQUIRED CHANGES TO WORK PROGRAMS: N/A ATTACHMENTS: 1. 835 Commerce Street Ordinance Page 3 of 57 Page 4 of 57 Page 5 of 57 Page 6 of 57 Page 7 of 57 Page 8 of 57 Page 9 of 57 Page 10 of 57 Page 11 of 57 Page 12 of 57 Page 13 of 57 Page 14 of 57 Page 15 of 57 Page 16 of 57 Page 17 of 57 Page 18 of 57 Page 19 of 57 Page 20 of 57 Page 21 of 57 Page 22 of 57 Page 23 of 57 Page 24 of 57  November 15, 2021 Petersburg, Virginia Parcel: 024130012 Summary Owner Name CITY OF PETERSBURG National Historic District: Battersea/West High Street Owner Mailing Address 135 N. Union St Enterprise Zone: Petersburg , VA 23803 Opportunity Zone: Property Use 485 VA Senate District: 16 State Class: 7 Exempt Local Va House District: 63 Zoning: M-1 Congressional Disrict: 4 Property Address 835 COMMERCE ST City Ward: 5 Petersburg , VA Polling Place: Westview School Legal Acreage: 1.304 Primary Service Area: Legal Description: Pridesfield .62 ACRES Census Tract: 8103 Subdivision: Pridesfield Elementary School: Pleasants Lane Assessment Neighborhood Name: Middle School: Vernon Johns Middle School Local Historic District: Battersea/West High Street High School: Petersburg High School Improvements Finished (Above Grade): 14,363 Shed: Basement: Total Rooms: 0 Attached Garage: Bedrooms: 0 Detached Garage: Full Baths: 0 Enclosed Porch: Half Baths: 0 Open Porch: Foundation: Deck/Patio: Central A/C: 90% Ownership History Previous Owner Name Sale Date Sale Price Doc # or Deed Book/pg 3/9/2006 $1 2006/1156 Assessments Valuation as of 01/01/2017 01/01/2018 01/01/2019 01/01/2020 01/01/2021 Effective for Billing: 07/01/2017 07/01/2018 07/01/2019 07/01/2020 07/01/2021 Reason Land Value $31,600 $31,600 $31,600 $31,600 $31,600 Improvement Value $795,200 $795,200 $795,200 $795,200 $399,300 Total Value $826,800 $826,800 $826,800 $826,800 $430,900 Property Tax (Coming Soon) DISCLAIMER: This data is provided without warranty of any kind, either expressed or implied, including but not limited to, the implied warrangiesof merchantability and fitness for a particular purpose. Any person, firm or corporation which uses this map or any of the enclosed information assumes allrisk for the inaccuracy thereof, as County of Petersburg expressly disclaims any liability for loss or damage arising from the use of said information by anythird party. Page 25 of 57 Petersburg, Virginia Legend County Boundaries Parcels Parcel #: 024130012 Date: 11/15/2021 DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a compilation of records,information, and data obtained from various sources, and City of Petersburg is not responsible for its accuracy or how current it may be. Page 26 of 57  835 Commerce St 03/06/2021 Page 27 of 57 Proposal to Purchase City-Owned Property Purchaser Project Name Northside Gourment EcoSysten Property Address 835 Commerce Street Parcel Number 024-130012 Year Constructed Project Developer Ezaddin Alshami Contact Name atmwglllc@gmail.com Address 804-243-11069 Email Experience/Qualifications current owner operator of Northside Gourment Richmond, VA Development Description The proposed use is to create a modular co-working space and business incubator for producers, small businesses, entrepreneurs, freelances, artists and creatives who seek to Offered Purchase Price $150,000 Construction Costs $ 750,000.00 Total Investment $ 900,000.00 Description of Financing (%) finance Community Benefit Taxes, Jobs Due Diligence Period (days) 120 days Construction Start Date after closing Completion Date 90 days Number of Projected Jobs Temp/Const. Jobs Permanent Jobs Average Wage Contingencies City Assessment Outstanding Obligations Proposed Land Use Commercial Yes No Comp Plan Land Use Commercial Conformance Yes Zoning M1 Conformance Yes Enterprise Zone Yes Yes Rehab/Abatement Yes New Construction NA Historic District Battersea/West High Street Assessed Value $ 430,900.00 Appraised Value $ - Date City Revenue from Sale $ (280,900.00) Projected Tax Revenue Abatement Year 1 Year 5 Year 20 Real Estate Tax $ - $ 5,817.15 $ 29,085.75 $ 211,335.75 Personal Property Tax $ - $ - $ - $ - Machinery and Tools Tax $ - $ - $ - $ - Sales and Use Tax $ - $ - $ - $ - Business License Fee $ - $ - $ - $ - Lodging Tax $ - $ - $ - $ - Meals Tax $ - $ - $ - $ - Other Taxes or Fees $ - $ - $ - $ - Total $ - $ 5,817.15 $ 29,085.75 $ 211,335.75 Total Tax Revenue $ 5,817.15 $ 29,085.75 $ 211,335.75 Waivers & Other Costs to the City $ - $ - $ - City ROI (Revenue - Cost) $ - $ 5,817.15 $ 29,085.75 $ 211,335.75 Staff Recommendation Last Use Public Comm. Review Date Council Decision Council Review Date Disposition Ord # Ord Date Page 28 of 57  REAL ESTATE PURCHASE AGREEMENT Assessed Value: $430,900 Consideration: $150,000 Tax Map No.: 024-130012, 835 Commerce Street, Petersburg, VA 23803 This Real Estate Purchase Agreement (the “Agreement”) is dated December 14, 2021, between the CITY OF PETERSBURG, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to a “Seller” and party of the first part, Northside Gourmet Market, hereinafter referred to as “Purchaser”, and party of the second part, and Pender & Coward (the “Escrow Agent”) and recites and provides the following: RECITALS: The Seller owns certain parcel(s) of property and all improvements thereon and appurtenances thereto located in Petersburg, Virginia, commonly known as: 835 Commerce Street; Tax Map Number 024- 130012 (Property). Purchaser desires to purchase the Property and Seller agrees to sell the Property subject to the following terms and provisions of this Agreement: 1. Sale and Purchase: Subject to the terms and conditions hereof, Seller shall sell and Purchaser shall purchase, the Property. The last date upon which this Agreement is executed shall be hereinafter referred to as the “Effective Date”. 2. Purchase Price: The purchase price for the Property is one hundred five hundred dollars ($150,000) (the “Purchase Price”). The Purchase Price shall be payable all in cash by wired transfer or immediately available funds at Closing. 3. Deposit: Purchaser shall pay ten percent (10%) of the Purchase Price, ten thousand five hundred dollars ($10,500), (the “Deposit”) within fifteen (15) business days of the Effective Date to the Escrow Agent which shall be held and disbursed pursuant to the terms of this Agreement. 4. Closing: Closing shall take place on or before ninety (90) calendar days after the completion of the Due Diligence Period described in Section 5. Purchaser may close on the Property prior to completion of the Due Diligence Period with reasonable advance notice to Seller. At Closing, Seller shall convey to Purchaser, by Deed Without Warranty, good and marketable title to the Property in fee simple, subject to any and all easements, covenants, and restrictions of record and affecting the Property and current taxes. Page 1 of 9 Page 29 of 57  In the event a title search done by Purchaser during the Due Diligence Period reveals any title defects that are not acceptable to the Purchaser, Purchaser shall have the right, by giving written notice to the Seller within the Due Diligence Period, to either (a) terminate this Agreement, in which event this Agreement shall be null and void, and none of the parties hereto shall then have any further obligation to any other party hereto or to any third party and the entire Deposit is refunded to the Purchaser or (b) waive the title objections and proceed as set forth in this Agreement. Seller agrees to cooperate with Purchaser to satisfy all reasonable requirements of Purchaser’s title insurance carrier. 5. Due Diligence Period: Not to exceed one hundred twenty (120) calendar days after the Effective Date. The Purchaser and its representatives, agents, employees, surveyors, engineers, contractors and subcontractors shall have the reasonable right of access to the Property for the purpose of inspecting the Property, making engineering, boundary, topographical and drainage surveys, conducting soil test, planning repairs and improvements, and making such other tests, studies, inquires and investigations of the Property as the Purchaser many deem necessary. The Purchaser agrees that each survey, report, study, and test report shall be prepared for the benefit of, and shall be certified to, the Purchaser and Seller (and to such other parties as the Purchaser may require). A duplicate original of each survey, report, study, test report shall be delivered to Seller’s counsel at the notice address specified in Section 15 hereof within ten (10) days following Purchaser’s receipt thereof. Purchaser shall be responsible for paying all closing costs associated with this purchase including but not limited to the real estate commission, Seller’s attorney fees, applicable Grantor’s tax and the cost associated with the preparation of the deed and other Seller’s documents required hereunder. All closing costs shall be paid by the Purchaser. a. At or before the extinguishing of the Due Diligence Period, the Purchaser shall draft a Development Agreement in conformance with the proposal presented to City Council on December 14, 2021. Such proposal shall be reviewed by the City to determine its feasibility and consistency with the original proposal made on December 14, 2021. Approval and execution of the Development Agreement shall not be unreasonably withheld by either party, and execution of the Development Agreement by all parties shall be a condition precedent to closing on the property. The Development Agreement shall be recorded by reference in the deed of conveyance to the Property which shall include reverter to the City in the event that the Developer fails to comply with the terms of the Development Agreement. b. During the Due Diligence Period, the Purchaser and any of their paid or voluntary associates and/or contractors must agree to sign a ‘Hold Harmless Agreement’ prior to entering vacant property located at 835 Commerce Street; Tax Map 024-130012 (Property). This agreement stipulates that to the fullest extent permitted by law, to defend (including attorney’s fees), pay on behalf of, indemnify, and hold harmless the City, its elected and appointed officials, employees, volunteers, and others working on behalf of the City against any and all claims, demands, suits or loss, including all costs Page 2 of 9 Page 30 of 57  connected therewith, and for any damages which may be asserted, claimed or recovered against or form the City, its elected and appointed officials, employees, volunteers, or others working on behalf of the City, by any reason of personal injury, including bodily injury or death, and/or property damage, including loss of use thereof which arise out of or is in any way connected or associated with entering the vacant property located at 835 Commerce Street; Tax Map 024-130012 (Property). 6. Termination Prior to Conclusion of Due Diligence Phase: a. If Purchaser determines that the project is not feasible during the Due Diligence Period, then, after written notice by Purchaser delivered to Seller, ninety percent (90%) of the Purchase Price shall be returned to the Purchaser and ten percent (10%) of the Purchase Price shall be disbursed to Seller from the Deposit held by Escrow Agent and the Purchaser waives any rights or remedies it may have at law or in equity. b. If during the Due Diligence phase Seller determines that Purchaser does not possess sufficient resources to complete the Development Agreement, then ninety percent (90%) of the Purchase Price shall be returned to the Purchaser and ten percent (10%) of the Purchase Price shall be disbursed to Seller from the Deposit held by Escrow Agent. c. If the parties are unable to agree on the terms of the Development Agreement as required by paragraph 5(a) of this Agreement after good faith efforts by the parties, then ninety percent (90%) of the Purchase Price shall be returned to the Purchaser and ten percent (10%) of the Purchase Price shall be disbursed to Seller from the Deposit held by Escrow Agent. If either party fails to exercise good faith in the efforts to reach a Development Agreement, then the other party shall be entitled to one hundred percent (100%) of the Deposit. 7. Seller’s Representations and Warranties: Seller represents and warrants as follows: a. To the best of Seller’s knowledge, there is no claim, action, suit, investigation or proceeding, at law, in equity or otherwise, now pending or threatened in writing against Seller relating to the Property or against the Property. Seller is not subject to the terms of any decree, judgment or order of any court, administrative agency or arbitrator which results in a material adverse effect on the Property or the operation thereof. b. To the best of Seller’s knowledge, there are no pending or threatened (in writing) condemnation or eminent domain proceedings which affect any of the Property. c. To the best of Seller’s knowledge, neither the execution nor delivery of the Agreement or the documents contemplated hereby, nor the consummation of the conveyance of the Property to Purchaser, will conflict with or cause a breach of any of the terms and conditions of, or constitute a default under, any agreement, license, permit or other instrument or obligation by which Seller or the Property is bound. d. Seller has full power, authorization and approval to enter into this Agreement and to carry out its obligations hereunder. The party executing this Agreement on behalf of Seller is fully authorized to do so, and no additional signatures are required. Page 3 of 9 Page 31 of 57  e. The Property has municipal water and sewer lines and has gas and electric lines at the line. Seller makes no representation as to whether the capacities of such utilities are sufficient for Purchaser’s intended use of Property. f. Seller has not received any written notice of default under, and to the best of Seller’s knowledge, Seller and Property are not in default or in violation under, any restrictive covenant, easement or other condition of record applicable to, or benefiting, the Property. g. Seller currently possesses and shall maintain until Closing general liability insurance coverage on the Property which policy shall cover full or partial loss of the Property for any reason in an amount equal to or exceeding the Purchase Price. As used in this Agreement, the phrase “to the best of Seller’s knowledge, or words of similar import, shall mean the actual, conscious knowledge (and not constructive or imputed knowledge) without any duty to undertake any independent investigation whatsoever. Seller shall certify in writing at the Closing that all such representations and warranties are true and correct as of the Closing Date, subject to any changes in facts or circumstances known to Seller. 8. Purchaser’s Representations and Warranties: a. There is no claim, action, suit, investigation or proceeding, at law, in equity or otherwise, now pending or threatened in writing against Purchaser, nor is Purchaser subject to the terms of any decree, judgment or order of any court, administrative agency or arbitrator, that would affect Purchaser’s ability and capacity to enter into this Agreement and transaction contemplated hereby. b. Purchaser has full power, authorization and approval to enter into this Agreement and to carry out its obligation hereunder. The party executing this Agreement on behalf of Purchaser is fully authorized to do so, and no other signatures are required. 9. Condition of the Property: Purchaser acknowledges that, except as otherwise set forth herein, the Property is being sold “AS IS, WHERE IS AND WITH ALL FAULTS”, and Purchaser has inspected the Property and determined whether or not the Property is suitable for Purchaser’s use. Seller makes no warranties or representations regarding the condition of the Property, including without limitation, the improvements constituting a portion of the Property or the systems therein. 10. Insurance and Indemnification: Purchaser shall indemnify Seller from any loss, damage or expense (including reasonable attorney’s fees and costs) resulting from Purchaser’s use of, entry upon, or inspection of the Property during the Due Diligence Period. This indemnity shall survive any termination of this Agreement. Notwithstanding any other provision of this Agreement, Purchaser’s entry upon the subject property and exercise of due diligence is performed at Purchaser’s sole risk. Purchaser assumes the risk and shall be solely responsible for any injuries Page 4 of 9 Page 32 of 57  to Purchaser, its employees, agents, assigns and third parties who may be injured or suffer damages arising from Purchaser’s entry upon the property and the exercise of Purchaser’s due diligence pursuant to this Agreement. 11. Escrow Agent: Escrow Agent shall hold and disburse the Deposit in accordance with the terms and provisions of this Agreement. In the event of doubt as to its duties or liabilities under the provisions of this Agreement, the Escrow Agent may, in its sole discretion, continue to hold the monies that are the subject of this escrow until the parties mutually agree to the disbursement thereof, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties thereto. In the event of any suit where Escrow Agent interpleads the Deposit, the Escrow Agent shall be entitled to recover a reasonable attorney’s fee and cost incurred, said fees and cost to be charged and assessed as court costs in favor of the prevailing party. All parties agree that the Escrow Agent shall not be liable to any party or person whomsoever for mis-delivery to Purchaser or Seller of the Deposits, unless such mis-delivery shall be due to willful breach of this Agreement or gross negligence on the part of the Escrow Agent. The Escrow Agent shall not be liable or responsible for loss of the Deposits (or any part thereof) or delay in disbursement of the Deposits (or any part thereof) occasioned by the insolvency of any financial institution unto which the Deposits is placed by the Escrow Agent or the assumption of management, control, or operation of such financial institution by any government entity. 12. Risk of Loss: All risk of loss or damage to the Property by fire, windstorm, casualty or other cause is assumed by Seller until Closing. In the event of a loss or damage to the Property or any portion thereof before Closing, Purchaser shall have the option of either (a) terminating this Agreement, in which event the Deposit shall be returned to Purchaser and this Agreement shall then be deemed null and void and none of the parties hereto shall then have any further obligation to any other party hereto or to any third party, or (b) affirming this Agreement, in which event Seller shall assign to Purchaser all of Seller’s rights under any applicable policy or policies of insurance and pay over to Purchaser any sums received as a result of such loss or damage. Seller agrees to exercise reasonable and ordinary care in the maintenance and upkeep of the Property between the Effective Date and Closing. Purchaser and its representatives shall have the right to make an inspection at any reasonable time during the Due Diligence Period or prior to Closing. 13. Condemnation: If, prior to Closing, all of any part of the Property shall be condemned by governmental or other lawful authority, Purchaser shall have the right to (1) complete the purchase, in which event all condemnation proceeds or claims thereof shall be assigned to Purchaser, or (2) terminate this Agreement, in which event the Deposit shall be returned to Purchaser and this Agreement shall be terminated, and this Agreement shall be deemed null and void and none of the parties hereto shall then have any obligation to any other party hereto or to any third party, except as otherwise provided in this Agreement. 14. Notices: All notices and demands which, under the terms of this Agreement must or may be given by the parties hereto shall be delivered in person or sent by Federal Express or other comparable overnight courier, or certified mail, postage prepaid, return receipt requested, to the respective hereto as follows: Page 5 of 9 Page 33 of 57  SELLER: The City of Petersburg Stuart Turille City Manager 135 North Union Street Petersburg, VA 23803 Anthony C. Williams, City Attorney City of Petersburg, Virginia 135 N. Union Street Petersburg, VA 23803 PURCAHSER: ______________________________ ______________________________ ______________________________ ______________________________ COPY TO: ______________________________ ______________________________ ______________________________ ______________________________ Notices shall be deemed to have been given when (a) delivered in person, upon receipt thereof by the person to whom notice is given, (b) as indicated on applicable delivery receipt, if sent by Federal Express or other comparable overnight courier, two (2) days after deposit with such courier, courier fee prepaid, with receipt showing the correct name and address of the person to whom notice is to be given, and (c) as indicated on applicable delivery receipt if sent via certified mail or similar service. 15. Modification: The terms of this Agreement may not be amended, waived or terminated orally, but only by an instrument in writing signed by the Seller and Purchaser. Page 6 of 9 Page 34 of 57 16. Assignment; Successors: This Agreement may not be transferred or assigned without the prior written consent of both parties. In the event such transfer or assignment is consented to, this Agreement shall inure to the benefit of and bind the parities hereto and their respective successors and assigns. 17. Counterparts: This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one of the same instrument. 18. Survival: All of the representations, warranties, covenants and agreements made in or pursuant to this Agreement made by Seller shall survive the Closing and shall not merge into the Deed or any other document or instrument executed and delivered in connection herewith. 19. Captions and Counterparts: The captions and paragraph headings contained herein are for convenience only and shall not be used in construing or enforcing any of the provisions of this Agreement. 20. Governing Law; Venue: This Agreement and all documents and instruments referred to herein shall be governed by, and shall be construed according to, the laws of the Commonwealth of Virginia. Any dispute arising out of performance or non-performance of any term of this Agreement shall be brought in the Circuit Court for the City of Petersburg, Virginia. 21. Entire Agreement: This Agreement contains the entire agreement between Seller and Purchaser, and there are no other terms, conditions, promises, undertakings, statements or representations, expressed or implied, concerning the sale contemplated by this Agreement. Any and all prior or subsequent agreements regarding the matters recited herein are hereby declared to be null and void unless reduced to a written addendum to this Agreement signed by all parties in accordance with Section 16. 22. Copy or Facsimile: Purchaser and Seller agree that a copy or facsimile transmission of any original document shall have the same effect as an original. 23. Days: Any reference herein to “day” or “days” shall refer to calendar days unless otherwise specified. If the date of Closing or the date for delivery of a notice or performance of some other obligation of a party falls on a Saturday, Sunday or legal holiday in the Commonwealth of Virginia, then the date for Closing or such notice of performance shall be postponed until the next business day. 24. Title Protection: Deed to this property is conveyed without warranty. During the due diligence period, purchaser may research title issues associated with the property and may purchase title insurance at his own expense or terminate the agreement in accordance with the provisions of this contract in the event that issues regarding title are discovered. Page 7 of 9 Page 35 of 57 25. Development Agreement: A Development agreement detailing the development scope, budget, funding, schedule and any other agreed upon performance requirements of the Developer will be executed prior to the transfer of the deed for the property. 26. Reversion Provision: The deed of conveyance to this property shall contain a provision that this property will revert back to the City if performance requirements are not met by the Developer within the time period specified in the Development Agreement upon Notice of Breach to Developer and failure to timely cure. 27. Compliance with Zoning, land use and Development requirements: Execution of this document shall not be construed to affect in any way the obligation of the purchaser to comply with all legal requirements pertaining to zoning, land use, and other applicable laws. Page 8 of 9 Page 36 of 57 28. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and years first written. PURCHASER: ________________________ By: ________________________, ___________________ Title: _______________________ Date: _______________________ SELLER: The City of Petersburg, Virginia By:_________________________, Stuart Turille Title: City Manager Date:_______________________ ESCROW AGENT: By:___________________________ , Title:__________________________ Date:_________________________ Approved as to form: Date:_________ By:_______________________________, Anthony Williams Title: City Attorney Page 9 of 9 Page 37 of 57  ORDINANCE An Ordinance authorizing the City Manager to execute a purchase agreement between the City of Petersburg and Northside Gourmet towards the sale of City-owned property at 835 Commerce Street, Parcel ID 024-130012 WHEREAS, the City of Petersburg has received a proposal from Northside Gourmet to purchase the City-owned property at 835 Commerce Street, Parcel ID 024-130012: and WHEREAS, Northside Gourmet plan to create a modular co-working space and business incubator for producers, small businesses, entrepreneurs, freelancers, artists and creatives who seek to create real-time solutions to health and well-being, that include indoor farming, fermented cultivation, local food storage and distribution by farmers. Also, the space will offer a café, an exercise studio that will include an event space for education, and fitness classes (workshops, yoga, dance, and workouts); and WHEREAS, the potential benefits to the City include a reduction in the number of City- owned commercial buildings to be maintained and an inclusion of the property on the City’s list of taxable properties; and WHEREAS, in accordance with applicable legal requirements, a public hearing was held prior to consideration of an ordinance authorizing the sale of City-owned property on December 14, 2021, 2021; and NOW THEREFORE BE IT ORDAINED, that the City Council of the City of Petersburg hereby approves the ordinance authorizing the City Manager to execute a Purchase Agreement with Northside Gourmet toward the sale of City-owned property at 835 Commerce Street. Page 38 of 57  4.a. City of Petersburg Ordinance, Resolution, and Agenda Request DATE: November 30, 2021 TO: The Honorable Mayor and Members of City Council THROUGH: Stuart Turille, City Manager FROM: John Michalek RE: Virginia Department of Emergency Management- LEMPG ($10,675.00) - 2nd Reading PURPOSE: To provide Council with the opportunity to review and approve the Local Emergency Management Performance Grant for the Commonwealth of Virginia's fiscal year 2020 in the amount of $10,675.00. These funds were not previously obtained for that period. REASON: The Emergency Management Performance Grant (EMPG) supports our efforts to develop and maintain a Comprehensive Emergency Management Program. RECOMMENDATION: Recommend that Council approve the acceptance of the Virginia Department of Emergency Management (EMPG) in the amount of $10,675.00. BACKGROUND: The City of Petersburg has received a grant from Virginia Department of Emergency Management in the amount of $10,675.00. These funds will be used to improve and enhance the Emergency Operations Center (EOC) operations in the areas of Planning, Training and Exercises, Situational Awareness and Capability Reporting. COST TO CITY: Reimbursable Grant, No cost. BUDGETED ITEM: N/A REVENUE TO CITY: $10,675.00 CITY COUNCIL HEARING DATE: 11/16/2021 CONSIDERATION BY OTHER GOVERNMENT ENTITIES: N/A AFFECTED AGENCIES: All Agencies RELATIONSHIP TO EXISTING ORDINANCE OR RESOLUTION: N/A REQUIRED CHANGES TO WORK PROGRAMS: N/A ATTACHMENTS: 1. 2020 LEMPG CM Approval Form Page 39 of 57 2. FY20 LEMPG Appropriation to Council 3. grant Page 40 of 57 Page 41 of 57  City of Petersburg Ordinance, Resolution, and Agenda Request DATE: June 8, 2021 TO: The Honorable Mayor and Members of City Council THROUGH: Kenneth A. Miller, Interim City Manager FROM: Scott Liebold – Interim Fire Chief J. Kevin Michalek – Division Chief RE: Virginia Department of Emergency Management – Emergency Management Performance Grant from FY 20 PURPOSE: To provide Council with the opportunity to review and approve the Local Emergency Management Performance Grant for the Commonwealth of Virginia’s fiscal year 2020 in the amount of $10,675.00. These funds were not previously obtained for that period. REASON: The Emergency Management Performance Grant (EMPG) supports our efforts to develop and maintain a Comprehensive Emergency Management Program RECOMMENDATION: Recommend that Council approve the acceptance of the Virginia Department of Emergency Management EMPG in the amount of $10,675.00. BACKGROUND: The City of Petersburg has received a grant from Virginia Department of Emergency Management in the amount of $10,675.00. These funds will be used to improve and enhance the Emergency Operations Center (EOC) operations in the areas of Planning, Training and Exercises, Situational Awareness, and Capability Reporting. COST TO CITY: One-to-one in kind match. There is no monetary cost to the City. This is a reimbursement grant. BUDGETED ITEM: This item was not a part of the adopted FY22 budget. REVENUE TO CITY: $10,675.00. CITY COUNCIL HEARING DATE: June 15, 2021 CONSIDERATION BY OTHER GOVERNMENT ENTITIES: None Page 42 of 57 AFFECTED AGENCIES: All City Agencies RELATIONSHIP TO EXISTING ORDINANCE OR RESOLUTION: None REQUIRED CHANGES TO WORK PROGRAMS: None ATTACHMENTS: An appropriation ordinance in the amount of $10,675.00 STAFF: EOC Staff Page 43 of 57 Page 44 of 57  4.b. City of Petersburg Ordinance, Resolution, and Agenda Request DATE: November 30, 2021 TO: The Honorable Mayor and Members of City Council THROUGH: Stuart Turille, City Manager FROM: Reginald Tabor RE: Discussion and/or consideration of Draft Ward Maps PURPOSE: Discussion of the Ward Maps. REASON: RECOMMENDATION: For information only. BACKGROUND: See attached information. COST TO CITY: BUDGETED ITEM: REVENUE TO CITY: CITY COUNCIL HEARING DATE: CONSIDERATION BY OTHER GOVERNMENT ENTITIES: AFFECTED AGENCIES: RELATIONSHIP TO EXISTING ORDINANCE OR RESOLUTION: REQUIRED CHANGES TO WORK PROGRAMS: ATTACHMENTS: 1. 1130_2021PresentationMaps Page 45 of 57 Draft Ward Maps and Populations November 30, 2021 Page 46 of 57 • Article VII, Section 5 of the Constitution of Virginia specifically requires any locality that conducts elections by district to change its district boundaries every 10 years in the year ending in one. • Districts must be drawn using census data. Page 47 of 57 Drawing Districts • The Constitution of Virginia requires local election districts to use the substantially equal population standard. • Districts cannot be drawn to discriminate based on race. • Article VII, Section 5 of the Constitution of Virginia requires local election districts to “be composed of contiguous and compact territory.” Page 48 of 57 2021 Requirements • The most recent decennial population figures for each locality, as adjusted by the Division of Legislative Services, are to be used. • Beginning with the 2021 redistricting, any person incarcerated in a federal, state, or local correctional facility within the Commonwealth is to be counted as a resident of the locality where his address at the time of incarceration is located. Page 49 of 57 2021 Requirements • A new requirement for the 2021 redistricting is that a Geographic Information System (GIS) map that shows the district boundaries must be sent to the local elected board, the Secretary of the Commonwealth, the Department of Elections, and the Division of Legislative Services. Page 50 of 57  Process 1. City Obtain Census Data By Block From The Bureau Of The Census. 2. City Assessor/GIS provide Spreadsheet of Wards and Map with blocks populations by Ward. 4. Establish average Ward Population +/- 5% and identify Wards with Populations outside the range. 5. Identify Blocks along Ward Borders that may be moved to move population within the Ward range. 6. Crater Planning District Commission to develop three (3) Options for Revised Ward Blocks and their Populations within the Ward range. 7. Request City Council Schedules a Public Hearing to consider the Options and to adopt new Ward populations and Boundaries. 8. City Council holds Public Hearing to consider the Options and to adopt new Ward Populations and Boundaries. 9. Ordinance, enacted changes, including a Geographic Information System (GIS) map showing the new boundaries of the districts or precincts, sent to the local electoral board, the Division of Legislative Services, and to the Office of the Attorney General for issuance of a “certification of no objection.”. Page 51 of 57 Ward Populations Average Ward Current Draft Draft Draft Draft Ward Ward Ward Ward Ward Ward Population Population Plan Plan Plan Plan 1.1 3 4.1 4.2 4,859 1 5,244 4,683 5,017 4,933 5,017 -5% 5% 2 5,474 4,684 4,762 4,846 4,762 4,616 5,102 3 5,021 4,996 5,021 5,021 5,021 -243 +243 4 4,991 5,028 4,720 4,712 4,712 5 4,819 4,881 4,880 4,906 4,906 6 4,055 4,965 4,912 4,912 4,912 7 4,409 4,758 4,709 4,709 4,709 Total 34,013 Page 52 of 57  (Current) 5,244 4,055 4,991 4,819 5,021 5,474 4,409 Page 53 of 57 Page 54 of 57 Page 55 of 57 Page 56 of 57 Page 57 of 57