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1972-06-13June 13, 1972 An adjourned meeting ef the Beard ef County Supervisors of Albemarle County, Virginia, was held at 11:15 A.M~ on this date in the Beard Reem of the County 0ffiee Building, said meeting being adjourned from June 7~ 1972. Present: Messrs. Stuart F. Carwile, Gerald E. Fisher, Wm. C. Thacker, Jr., ~rdon L. ~Wheeler. r Absent: Mr. J. T. Henley, .Jr. and Mr. Lloyd F. Wood, Jr. Officers present: County Executive. It was reported to the meeting that thefollewing bids were received by the State Commission on Local Debt on behalf ef the Beard ef Supervisors at the opening ef bids held in .Richm~end, Virginia at 11:00 A.M., en this ~date for $1+,850,000 Scho~ol Bo~a~and $.~0,000 Jail ~Bends of Albemm"le County: Name of Bidder Amount of Bid Bank of Virginia - Central and Associates $2,700,000 bonds maturing January 1 5, 197~ te 1986, incl., at 5.25%; $1~850,000 bends maturing ~anuary 15, 1987 to 1991, incl., at 5%; $800,000 bends maturing January 15, 1992 and 1993 at 3.50%~ we will pay $5,350,000 plus a premium ef $ ~0- Craigie, Mason-Hagan, Inc. Virginia National Bank and Associates $t,~00',000 ~onds maturing January 15, 1974 te 197~, incl., at 5%; $~00,000 bends maturing January 1~, 1979 and 1980, at 4%; $-1,5~O, 900 bend~ maturing January 15, 19~1 to 1987,~inel.~, at ~ W.75%~ $2,000,000 bends maturing J~uary 15, 1988 te 1992, incl., at ~%; SWO0,O?O bonds maturing January 15, 1993 at ~%~ W. H. Morton & Ce. we will .pay' $5,350,000 ~lus a premium of $2,465~00 $200,000 bends maturing January 15, 197~-, at ~%~ $~O0,O00bends maturing January 15, 1975 and 1976 at 5%; $1,200,000 bonds m~turing~anuary 15, 1977 to 1982, incl., at 6%~ $2,~50,000 bond~ maturing January 15, 1983 te 1990, incl., at ~%, $1,200,000 bonds maturing January 15, i991 to 1993, incl., at 4%; we will pay $5,350~000 plus a premium~ of $ -o- First National City Bank First Penne.o Securities, Inc. $800,000 bends maturing Ja.nuary 15, 197~ to.1977, incl.., at 6%, $3~750, O00 bends maturi.ng January I 5, 1978 to 1991 incl.,, at 5%~ $800,000 bonds maturing January 15, 19~2 and 19~3 at 4%~ we will pay $~,350,O00 plus a ~remium of $-0- The Chase Manhattan Bank, N.A. Bankers Trust Company and Associates $200.,000 b~n~s maturing January 15, 197~ at 6~! $200,000 maturing January 1975 at 5%; 15800,000 bonds maturing January 15~ 1976 to 1979, incl., at 6 ' %~ $3,350,000 bends maturing January 1980 to 1991, incl., at 5%~ $800,000 bonds maturing January 15, 1992 and 1993 at W%; we will pay $5,350~000 plus a premium or $580.00 Name of Bidder Amount of Bid The Northern Trust Company and Associates $2,000,000 bonds maturing ~fanuary 1[, 1974 te 1983, incl., at [%, $200,000 bends maturing January 15, 1985 at ~.~0%~ $~,750,000 bonds maturing January I5, 198~ te 1992, incl., at 5%7 $$00.,~?0 bonds maturing January 1993 at ~4~, ~ ~ we will pay $5,350,000 plus a.~premium of $101.00 United Virgini~ Bank Wertheim & Co., Inc. and Associates $20~,000 bend~ maturing January 15, 1974 at 4.50%, $3,1[0,000 bonds maturinE January 1~, 197[ to 1988, in~l., at W.75%; $2~000,~00 ben~s-maturing 1__. January 1~,~19~9 te 1993, incl., at 5%, we will pay $553[0,000 plus a premium of $70~.00 Reynolds Seeurities~ Inc. First & Merchants National Bank and Associates $1,800,000 bends maturing January 15~ 1974 to 1982, incl., at ~-1/2%; $3.15~0~000 bonds ~at~in~lJanuary 1~, 198~ t 1992,incl , [ 0%~ $~00,000 bonds maturing January 1~, 1993 at 3-1/2%; we ¥i11. pay $%~3%05000 plus a premium~ of $12,4651.50 Morgan Guaranty Trust Company of New York Salomon Brothers North Carolina National ~ank $$09~O00 bonds maturin~ January 15, 1974'and 1975 at 5.30%'~' $$,~[0,ooo bonds maturing Janua~[ 15, 1976 to 1992, incl., at [.10%, $$00,000 bends maturing January 15, 199~ at 3.~0%~ we will pa~ $5,3[0,000 plus a premium of $121.00 Anderson & Strud~ick and Associates $1 ,.600~000 bonds maturing Janu~.ary 15, 197~ te 1981, incl., at $3.~50,000 bonds maturing ~.Jandary 1 1982 te 1992, incl., at [%~ $$00,000 bonds maturing January 1~, 1993 at ~%~ we will pay $5,350,000 plus a premium or $~2~.0o United California Bank $1 ,.600,O00_bends maturing _January 15, 1974 to 1981, incl., at 6%~ $~2,950,000 bonds'maturi.ng January 1~, 19~2 to incl., at [%, $800,000 bonds maturing January 1[, 1992 and 1993 at we will pay $5,350,000 plus a premium of $926. O8 Each of the above bids offered to pay accrued interest from the date of the bonds to the date of delivery. The State Commission on Local Debt reported that the bid of Bank ef Virginia - Central and Associate~ offered te purchase the bonds at the lowest, cost to the County~ a copy of which bid is attached hereto and made a part of these minutes. Thereupon~ on motion by Mr. Carwile, seconded by Mr. Thacker, the following resolution was adopted by the following recorded vote: AYES: Messrs~ Carwile,~ Fisher, Thaeker and Wheeler. NAYS: None. Absent: Mr.~Henley~and Mr. Wood. BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE_ COUNTY, VIRGINIA, that the $~,850,000 School Bends andthe $500,000 Jail Bonds of .Albemarle County, ~dated July 15~ 1972, which were authorized te be issued and sol~ by resolution haretofore adopted on May 30, 1972, be and .the same are hereby awarded to Bank of Virginia - Central and Associate~ in accordance with ~e terms ef their bid and shall bear interest as set_ cut in such bid. BID FORM June 13, t972 Board-of Supervisors of Albemarle County, Virginia c/o State Commission of Local Debt Room 101~,~ Finance Building Capitol Square Richmond, Virginia 23219 Dear Sirs: -For all of the $4,850,000 School Bonds and $500,000 Jail Bonds of Albemarle County, Virginia, described in the official Notice of Sale which is made a part hereof, dated July 15, 1972, and maturing on January 15 in years and amounts and bearing interest.~.as follows: Yea~ Amount Rate Year Amount Rate 1974 $200,000 ~.25 % ~ ---$'20b,000 5.25 ¢ oo,ooo ¢ o,ooo 1976 200,000 5.25 % 1 250,000 5.25 197~ 200,000 5.25 % 198~ 250,000 5.00~'% 197U 200,000 5.25 % 198 400,000 5.00 % 1989 400,0o0 % 200,000 .oo 19 0 200,000 5~25 . 199o 4oo,ooo 5. oo % 1981 200,000 5.25 % ~99~ 400,000 5.00 % 1982 2oo,o00 5.25 % 1992 4oo,o00 3.50 % ~983 2oo,ooo 5.25 % 1993 4oo,ooo 3.5o % we will pay $5,350,000 plus a premium of $ -0- and accrued interest from the date of the bonds to the date.of delivery. 'We enclose a certified or bank cashier's check for $107,000 drawn upon an incorporated bank or trust company and payable unconditionally to the .Jorder of Albemarle County, Virginia to secure the County against any loss resulting from our failure to comply with the terms of this bid. If our bid is accepted¢ the check will be deposited by the County and credited on th~urchase price. The proceeds of the check will be retained by the County as liquidated damages in case we fail to accept delivery of and pay for the bonds. If our bid is not accepted the check;J~lll be returned promptly upon award of the bonds. We understand that no interest will be paid on the check. BANK OF VIRGINIA-CENTRAL & ASSOCIATEB BANK OF VIRGINIA CENTRAL. BY; Ballard R. Parker~ III Investment Officer NO ADDITION OR ALTERATION, EXCEPT AS PROVIDED ~BOVE, SHOULD BE ~DE TO THIS BID.i (Note--The following is stated for information only and is not part of the bid: The aggregate 'amount of interest upon al~l of the bonds from"thir date until their respective maturities, after deducting any premium is $~,324,375.00. The average net.-interest cost of the bid is 4.72199%). Mr. Fisher made motion to go into executive session.'" MOtion was seconded by Mr. Thacker and carried 'by the following, recorded vote: AYES: Messrs. Carwile, Fisher', Thacker and Wheeler. NAYS: None. ABSENT: Mr. Henley-and~Mr. Wood. The Board reconvened. Mr. Thacker then made motion to adopt the fell. owing resolution. WHEREAS, the Development Corporation owns a tract ef land situated in Albemarle County~ Virginia, at the intersection ef Route 29 North and State Route 631 (Rio Road), said tract of land containing approximately 99 aar.es presently zoned in three, parcels~ and WHEREAS, the Development Corporation desires to sell a 32 acre portion of its ~-~ zoned property to a Marcus Weinsteln~' · and WHEREAS, the Development Corporation desires water and sewerage service and the County desires to have Development Corporation as a customer of its services for such utilities~ and WHEREAS, the County has, or will have, available in the area such utilities ( it already owning certain lines in the area which are serviced foX'it by the Albemarle County Service Authority), NOW, THEREFORE~ BE IT RESOLVED, that the Chairman of the Board of County Supervisors is hereby ~uthorized to execute contract under date of May 2ff~ I972, with Development Corporation and the Clerk is authorized to attest such signature and to affix the County seal to this contract. Motion was seconded by Mr. Carwile and passed by the following recorded vote: ~&YES: Messrs. Carwile~ Fisher, Thacker and Wheeler. NAYS:~ None. ABSENT: Mr. Henley & Mr. Wood. THIS AGREEMENT made this 2~th day of May, 1972, by and between ALBEMARLE DEyELO~R~ CORPORATION, a Virginia corporation, hereinafter referTed to as Development Corporation~ partyof the first part, and THE COUNTY OF ALBEMARLE, VIRGINIA hereinafter referred to as "Csunty~, W I T N E S S E T H: ~EREAS, the Development Corporation own~ a tract of land situated in .Albemarle County, Virginia, at the intersection of Route 29 North and State Route 631 (Rio Road), ~id tract of land containing approximately 99 acres presently zoned in three parcels as follows: (1) Approximately 50 acres zoned B-I, (2) ~7 acres zoned R-3, and (3) 2 acres zoned (see plat of William S. Roudabush, C.L.S.~ attached hereto as E~hibit "a"), and WHEREAS~'~the ,Devellepment 'Ce~poratie~ desires 'bo sell a 32 acre portion ef its R-3 _zoned property to a M.a~cus Xeinsbe.in~ and WHEREAS~ the De~ete.~ent Corporation .desi~esWater and sewerage service and ~the County desire~ to have De~el.oDment Corporation as a customer of its services .for .such utilities, and ~EREAS~ the Connty has~-or will have~-availa~hle'in the area s.nch utilities { it already~ewn~ing cert. ain~lines, in ~the area which are serviced E~r it by the Alhema,rl~ Connty Service Authority)~ NOW~THEREFORE, for and~in Consideration-cf' the premises and~ the.mutnal covenants, and benefits 'flowing fr°m one party to the and agree, as follows, other~ the.~parties hereto covenant (I) Development Corporation agrees to pay the'entire cost of the offsite 12 inch s~wer line necessary to serve the subject ~roperty', construction of which will,he s.ubj.ect to the approval of.the County's Engineering Department~ which 12 inchline shall~be in conformity wi't~ the specifications and plat presented to the~County Engineer and approved by him, ~excepting only sUeh digressionwhieh may be necessary'to foreshorten>the proposed line for purposes of connection with'the Cou.n~y's'~ Berkeley treatment plant~ construction to be done Development COrporation. (2) Development Corporation will pay the cost'of tappi~ into the waterlines of 'the City of Charlottesville, Seeurin§ .~a'id CitY's approval-for the same~-and will-~ay for instaTlatiOn ef the meter therefor~ the sale of water thereby being made-by said City to the County which in turn sell the same to ~evelopment Corporation. (3)~ The Development Corporation will pay for and, constr~t all interior distrib~t±on and collection lines, including required meters~ within-~the ~aid tract of land and will donate-all' ~ch onSite u~ility~lines,and the 12inch sewer line described in Paragraph (1~) above to the COunty or whomsoever~the County may designate ~uccessor t~ its.'inter~st in previdihg~such UtiIities. Materials. and workman- shi~ ~of~th~said ~nes shalI be ~ubJ~bt .to the i,~sp~ion and-approval of the'County'Engineer. ~ -(~) ~'~Dev~lopment Corporation agrees to us~ no ether water or sewerage s~e~rvfce ~o long as County is-able to provide'the same~hereunder, ('5) 'C~unty agrees tO-obtain an~'easement~for the sewer tine desoribmed in Paragraph ~l)~above' throughBranchlands,~at.no ~expens~' te ~Development 'Corperation~'~and ft,i~ ~eX~ressTy understood between the parties hereto that the said easement shall run in favor of the County or ±ts successor` in interest to this contract. Development Corporation will co-operat~ with the County in the acquisition of thi~ easement. 163 (6) County ~waives atl.~water connection fees for the said tract of land, as~well~.as sew~er cennectionfees en the_ 32 .acre tract of land being soldtoNeinstein.. Like.is.e, it waives se~e~ connection cha~Ees on the ~proper~y presently zoned B-1 so long as~it is zonedfor any c.ommercialnse ~resmently ~erm,iZted in ~he B-1 cateEory of the Albemarle Cennty Zoning Ordinance~ .er here.after permittmed~in~snhsequent amendments to the~said e~dinance which shall p~ermi~.additional Uses of property new inclnded~in the said B-1 cateEory. Except for the foregoing., a reclassificationoof the zoning of the present B-1 area, o~-any part thereof at the 'instance of the Cennty, shall have no effect upon this waiver of said fees~ andin the event of a reclassification of~the zoning of~the said area~ or ~any,~part thereof at the instance of Development Corporation, or their successors in interest, such rezoning, if other than ¢ommer. ical~ shall release County from the waiver of said fees only with respect to the specific area so rezoned. (7) The terms of this agreement shall be binding upon the ~parties hereto as well as their successors and assigns,_and within 30 dams following its due execution it shall be recorded in the Clerk's Office of the Circuit Court of Albemarle County by Deve~opment Coyporation.~ (8) In the event County, or its successor, for reasons beyond its control cannot continue to furnish water from the waterlines presently owned by the, City of Charlottesville, the County or its successor agrees to~preVide water from its own lines, provided that Development Corporation, at its expense, shall extend the County's lines by the. most direct and reasonable route to connect with the internal system of lines within the subj~ect property of Development Corporation. If the County or its successor, voluntarily acts to discontinue the water service~to be ~ presently supplied by the City or its ~uccessers in interest, then the County shall~at its expense entend adequate ~lines, designed to p~ovide comparable pressure, and capacity to the point of the then e~isting connection~ or such other point as~shall bem~tually agreed.~Don. The purpose of thi~ ~ar~ag~h is ,to assur~e a continuous and a.deq~ate ~upply ef water and sewerage service to the entire subjec~ pro~erZ~ However, if for any reason the County or its successor shall be unable to furnish water ~and sewerage service, or either of them~ to the-general geoEraphic area (m~aning the U. S. Route 29North corridor, including within its general ~ea, Berkeley~ Branehlands.~,~Four Seasons and.~roperty lying within ~he~area of a circle dra~n ~ith ¢ radius sufficient ~o include the just enumerated properties) then the services, or either of them, to be sBpplied to the subject area may be interrupted, suspended or terminated, but e.nly insofar as and to the same de~ree as like service to all otherparcels ~ithin theSaid_gaag~aDhic ar~eais~like~wise interrupted, suspended er terminatad. Thisagreement reco~zes that there Can he ~temperaryPrehlems r. eqni~ing..maintanamce, or acts of God, which may cause shert-terminter.rnp~iens in.~ services. It is not the .intent of this .paragraph te~impose~animpossi~le burdenupen~the Connty er its successors; the intent.~a~ther is to assure that Development Corporation shall_have a right to water ~and sewer ~sarvices equal to all other customers in the general geographic a~ea. IN WITNESS WHEREOF, Albemarle Development Corporation has Caused this contract to be executed and its Seal hereto affixed and attested by officers duly authorized so to act~ and the County of Albemarle, Virginia, has caused this contract to'be executed on its~behalf by the Chairman of its Board of Supervisors and its seal affixed and attested 'by its Clerk~ both having been duly authorized so to act by resolution ef said BOard of Supervisors,. ALBEMARLE DEVELOPMENT CORPORATION ATTEST: By ATTEST: COUNTY OF ALBEMARLE By Chairman, Board of Supervisors ci~rk to Board of SuperVisors Upon proper motions-the meeting was adjourned~. Chairman