Chesapeake

IRGINIA

Docket Item:
NPPH - G
Office of the City Attorney
306 Cedar Road

Chesapeake Virginia 23322

757 3826586
Fax 757 3828749

May 19 2015

TO

Mayor Krasnoff Vice Mayor de Triquet and Members of the City Council

Re

RESOLUTION AUTHORIZING THE CITY MANAGER AND CITY

CLERK TO EXECUTE A PROPOSED AGREEMENT AND DEED OF

GIFT CONVEYING CERTAIN REAL PROPERTY CONTAINING

APPROXIMATELY 6
358 ACRES MORE OR LESS LOCATED IN THE
WASHINGTON BOROUGH OF THE CITY OF CHESAPEAKE
VIRGINIA TO CYPRESS LANDING L
C A VIRGINIA LIMITED
LIABILITY COMPANY THE SOLE MEMBER OF WHICH IS THE
SOUTHEASTERN VIRGINIA HOUSING CORPORATION A NON
PROFIT COMMUNITY HOUSING DEVELOPMENT CORPORATION
TO DEVELOP AFFORDABLE HOUSING IN THE CITY OF
CHESAPEAKE TO SERVE DISABLED ANDOR HOMELESS

VETERANS

Please find enclosed a resolution authorizing the City Manager to execute a proposed
Agreement and Deed of Gift conveying approximately 6
358 acres more or less the
Property
to Cypress Landing L
C the sole member of which is the Southeastern Virginia
Housing Corporation to develop affordable housing to serve disabled andor homeless veterans
through a partnership with the City the Project
According to the terms of the Agreement Cypress Landing proposes to construct a 50
unit 4story elevator building with 44 one bedroom units and 6 two bedroom units The Project
will have a multi purpose community room an exercise room an office for property
management staff and a maintenance storage area

Cypress Landing has requested the City donate real property to be used in the Project
and the City has determined that the Property is surplus and is not needed for City purposes
Cypress Landing agrees it shall not use the Property for any other purposes without prior written
approval of the City Manager

The City of Chesapeake adheres to the principles of equal employment opportunity

This

policy extends to

all programs and

services

supported by the City

The Project units will serve disabled andor homeless lowincome veterans at or below
50 half of the units or below 40 half of the units of the area median family income The
City has agreed to consider requests by Cypress Landing for CDBG and HOME funds
The total estimated cost to develop the Project is 000
610 which includes site
9
00
development construction costs and all other related costs The Project will be designed to meet
the City
s design standards and Cypress Landing will be responsible for designing and
constructing the units ongoing management and maintenance and obtaining funding for the
Project The City will provide the land and support services to the resident veterans onsite
through the Chesapeake Department of Human Services andor the Chesapeake Integrated
Behavioral Health

A copy of the proposed Agreement and Deed of Gift are enclosed along with a copy of
Memorandum from Deputy City Manager Wanda BarnardBailey requesting that the City move
forward with this Project
Please advise if you have any questions or concerns

Very truly yours

1
Jan L Proctor

City Attorney

hvm
JLP
Enclosures
cc

James E Baker City Manager

Beverly Pender Acting City Clerk
Wanda Barnard Bailey Deputy City Manager
Anna D Antonio Assistant to the City Manager

C
a

Chesapeake

City

of Ches

1 RG1 N 1

Office of the City Manager

Post Office Box 15225

Chesapeake Virginia 233285225

Office 757 3826166
Fax 757 3826507
TDD 757 382 8214

MEMORANDUM

TO

Jan L Proctor City Attorney

FROM

Wanda Barnard Bailey Ph

D Deputy City Manager

DATE

March 6 2015

SUBJ

Land Transfer for Disabled and Homeless Veterans Housing Project

Cypress Landing

On September 26 2013 Mayor Krasnoff requested staff attend the Grand Opening of
Hampton Roads first permanent rental complex for disabled veterans Cedar Grove in
Virginia Beach The project was so impressive that City Council Members members of
the Mayor
s Commission on Veteran Affairs and City staff visited the facility on move
in day
The group unanimously agreed Chesapeake could benefit from this resource and
requested a meeting with the Southeastern Virginia Housing Corporation SVHC
leadership the project manager for Cedar Grove
The group and SVHC leadership conducted a followup meeting on March 20 2014 and
requested SVHC provide a proposal for the City of Chesapeake to house disabled and
homeless veterans On April 30 2014 the proposal see attached was reviewed by the
group and additional staff members with a request to provide Council the information in a
Work Session on June 20 2014 During the Work Session Council requested staff review
options to support the project including property availability Upon staff review two plus
or minus acres located on Knell
s Ridge Boulevard were recommended to your office for
property transfer to SVHC for the purpose of completing the project to be named Cypress
Landing
Thank you for your cooperation in moving this project forward If you have additional
questions please do not hesitate to contact me at 382 6605
pme
WBB
Attachment
c

James E Baker City Manager

Amar Dwarkanath Deputy City Manager
The City of Chesapeake adheres to the principles of equal employment opportunity
This policy extends to all programs and services supported by the City

OUTHEASTERN VIRGINIA HOUSING CORPORATION

S

Boar of Directors
Barbara

Clevenger

April 29 2014

President

Debra A Grant
Vice President
Trent Mitchell

Treasurer
Secretary
James Banks
ElsieBames

Dr Wanda Barnard
Bailey
Deputy City Manager City of Chesapeake

306 Cedar Road 6 Floor

Chesapeake VA 23322

Norfolk State University

Christopher Beale
Southern Bank Trust Co

Gregory M Dragas
Dragas Engineering
Carol N Hare

Esq
Fidelity National Title
Denise Howard

First Command
Financial Services

RE Proposal for Veterans Housing

Dear Dr Bailey

Please find enclosed the proposal from Southeastern Virginia Housing Corporation
for a Veterans Housing project in the City of Chesapeake

Mary Kay Horoszewski

Executive Director

Regional Advisory Council

She
Shelayne

Boswell

Sr Vice President

After you have had a chance to review the proposal please contact me with any
questions you may have We would be more than happy to have another meeting
at your office to further discuss this project and answer questions that you or
others may have

Heritage Bank
The Honorable
Thomasine Carter

Retired

Judge

W appreciate the opportunity to submit this proposal and look forward to hearing
from you

Julianne Cookson

Assistant Vice President

TowneBank

Jeffrey Ulmer
Planning Dept
City of Portsmouth
Andrew H Friedman

Director Virginia Beach

Department of Housing
Neighborhood Preservation
Ann Grandy
Executive Director
oDUCDC

Ron Jackson

Sincerely

J
L
t
i
Sharon Shoff

ailf

Director Administrative Services

Cc

Mary Kay Horoszewski Executive Director Southeastern VA Housing Corp

Jessica Guglielmo Director of Development Southeastern VA Housing Corp

Executive Director

Hampton RHA

Mark A Johnson 1
CRA Manager
SunTrust Bank

John Kownack

Director of Housing
Reinvention Norfolk RHA

Clarissa McAdoo
Executive Director

Suffolk RHA
Karen Wilds
Executive Director

Newport News RHA

Brenda Willis
Executive Director

Chesapeake

RHA

A Community Housing Development Corporation CHDO

2400 Potters Road Virginia Beach VA 23454
PH 757
463 9516 Fax 757 463 1382

A Proposal to Develop

50 units of Affordable Housing

for Homeless Disabled Veterans

in the City of Chesapeake

Southeastern Virginia Housing Corporation SVHC a Community Housing Development

Organization is proposing to develop affordable housing in the City of Chesapeake for
homeless disabled veterans through a partnership with the City of Chesapeake
Project Description

We are proposing to construct a 50 unit 4story elevator building with 44 1bedroom units and 6
2bedroom units The building would be constructed with high quality materials and be

EarthCraft certified Half of the units would be fully accessible In addition the building would
have a community room an office for property management staff and a maintenance storage area
A proposed rendering of the site is pictured below

tt

1 y1

I
L

L
T

ate

All of the units must have projectbased section 8 assistance committed Half of the units will

serve veterans at or below 50 of the area median family income In addition for this project
half of the units will serve veterans at or below 40 of the area median family income to
strengthen the application score for low income housing tax credits These section 8 vouchers
are needed to ensure that there is adequate funding to pay the debt service for the units and
operate and maintain them while keeping them affordable to the very low income homeless
disabled veterans

SVHC will be responsible for acquiring the land constructing the units and for the ongoing
management and maintenance of the property SVHC will also be responsible for obtaining both
a

construction loan and all permanent funds for the

project

We cannot do this project without assistance from the City of Chesapeake We would need the
City to

1 Find approximately 2 acres of land that would be either donated to SVHC or sold at a nominal
cost

2 Provide federal HOME and

or CDBG funds for the development costs of the project
3 Provide project based Section 8 vouchers One possible source of Section 8 is HUDVASH

projectbased vouchers which are specifically for homeless disabled veterans The Chesapeake
Redevelopment

Housing Authority would have to submit this application and SVHC could

prepare the application in partnership with the Housing Authority for submission

4 Provide support services to the veterans onsite through the Chesapeake CSB and
or Social
Services Services may be provided by the Department of Veterans Affairs under the HUD
VASH program

Development Budget

The total estimated cost to develop the project is 850

607 This includes land acquisition site
9
development and construction cost and all other project related costs
Development Budget Project Costs
Acquisition Closing Costs of Land
Site Work
Pre

64
610
333
7
692
209
2
548

Construction

Development Costs
Architect
Engineering fees
Construction Loan interest Title

Development

Recording fees Attorney

s fees tax
Credit fees loan fees appraisal market
Study geotechnical report environmental
Studies project management fees

earthcraft fees
Partnership and syndication
fees up front Operating leaseup
and replacement reserves insurance during
construction
Total

607
9
850

Development Budget Proposed Funding Sources

Low Income Housing Tax Credit Equity
Virginia Housing Development Authority Loan
City of Chesapeake HOME and
or CDBG funds

000
9
5
00
220
2
000

000
650

State of Virginia Dept of Housing

Community Development

HOME Loan

600
000
000
200
850
37

Federal HOME Loan Bank of Atlanta Grant

Community

Foundation Grants

Total

607
9
850
2

RESOLUTION AUTHORIZING THE CITY MANAGER AND CITY CLERK TO

EXECUTE A PROPOSED AGREEMENT AND DEED OF GIFT CONVEYING

CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 6

358
ACRES MORE OR LESS LOCATED IN THE WASHINGTON BOROUGH OF
THE CITY OF CHESAPEAKE VIRGINIA TO CYPRESS LANDING L
CA
VIRGINIA LIMITED LIABILITY COMPANY THE SOLE MEMBER OF WHICH
IS THE SOUTHEASTERN VIRGINIA HOUSING CORPORATION A NON PROFIT
COMMUNITY HOUSING DEVELOPMENT CORPORATION TO DEVELOP
AFFORDABLE HOUSING IN THE CITY OF CHESAPEAKE TO SERVE DISABLED
AND OR HOMELESS VETERANS

BE IT RESOLVED by the Council of the City of Chesapeake Virginia that the City

Manager and City Clerk are hereby authorized to execute a proposed agreement and deed of
gift in substantially the same form as the attached Exhibits A and B respectively to
Cypress Landing L
C a Virginia limited liability company the sole member of which is
the Southeastern Virginia Housing Corporation a non profit Community Housing

Development Corporation to develop affordable housing in the City of Chesapeake to serve

disabled and
or homeless veterans The

subject property Property

is located in the

Washington Borough of the City of Chesapeake Virginia and identified as PARCEL A

a portion of Tax Parcel 0360000001931 on that certain proposed plat entitled

PRELIMINARY RESUBDIVISION OF PORTIONS OF LOTS 4 5

6 DIVISION OF CC

UPTON FARM NEAR OAK GROVE FOR VETERANS SUPPORT CENTER

WASHINGTON BOROUGH CHESAPEAKE VIRGINIA MARCH 24 2015 made by

Michael J Ortolano

City Surveyor the

Plat

to be recorded simultaneously with the

aforementioned deed of gift in the Chesapeake Circuit Court Clerk

s Office A draft copy
of the Plat is attached as Exhibit C The Property contains approximately 6
358 acres

more or less The City has determined that the Property is surplus and not needed for City
City Attorneys Office
City of Chesapeake
Municipal Center
306 Cedar Road

Chesapeake Virginia
23322

757 3826586
Fax 757 3828749

purposes

ADOPTED by the Council of the City of Chesapeake Virginia this 26th day of
May 2015
APPROVED

Mayor
ATTEST

Clerk of the Council

City Attorneys Office

City of Chesapeake
Municipal Center
306 Cedar Road

Chesapeake Virginia
23322

757 3826586
Fax 757 382 8749

LAND DISPOSITION AND DEVELOPMENT CONTRACT

BETWEEN THE CITY OF CHESAPEAKE

AND CYPRESS LANDING L

C

THIS LAND DISPOSITION AND DEVELOPMENT CONTRACT Contract

made this
VIRGINIA

day

of

2015 by and between the CITY OF CHESAPEAKE

hereinafter City

a Virginia municipal corporation and CYPRESS

C Cypress Landing
LANDING L

a Virginia limited liability company

WHEREAS the City owns a certain parcel of land located on Medical Parkway
in the Washington Borough of the City of Chesapeake Virginia known as a portion of

Tax Parcel 0360000001931 containing approximately 6

358 acres more or less shown
as PARCEL A on the plat entitled PRELIMINARY RESUBDIVISION OF
PORTIONS OF LOTS 4 5

6 DIVISION OF CC UPTON FARM NEAR OAK

GROVE FOR VETERANS SUPPORT CENTER WASHINGTON BOROUGH

CHESAPEAKE VIRGINIA MARCH 24 2015 made by Michael J Ortolano City

Surveyor a copy of which is attached hereto as Exhibit A which land the City has
determined to be

surplus

and not needed for

City

purposes

the Property

The

Property is further described as follows towit

ALL THAT certain portion piece or parcel of land situated

in the Washington Borough of the City of Chesapeake Virginia
containing approximately 6
358 acres more or less shown as
PARCEL A on a certain plat entitled PRELIMINARY
RESUBDIVISION OF PORTIONS OF LOTS 4 5

6 DIVISION

OF CC UPTON FARM NEAR OAK GROVE FOR VETERANS

SUPPORT CENTER WASHINGTON BOROUGH CHESAPEAKE

VIRGINIA dated March 24 2015 made by Michael J Ortolano

City Surveyor

EXHIBIT

IT BEING a portion of the same property conveyed to the City of

Chesapeake Virginia by deed dated May 14 1997 from Thomas R
Connolly and Shirley Connolly husband and wife and duly recorded
in the Clerk
s Office of the Circuit Court of the City of Chesapeake
Virginia in Deed Book 3506 at page 663

IT ALSO BEING a portion of the same property conveyed to the City

of Chesapeake Virginia by deed dated May 14 1997 from Thomas R
Connolly and Shirley A Connolly husband and wife duly recorded in
the aforementioned Clerk
s Office in Deed Book 3506 at page 659

IT ALSO BEING a portion of the same property conveyed to the City

of Chesapeake Virginia by deed dated April 28 1997 from Ruth P
Whealton duly recorded in the aforementioned Clerk
s Office in Deed
Book 3498 at page 58
IT ALSO BEING a portion of the same property conveyed to the City
of Chesapeake Virginia by deed dated May 14 1997 from William J
Connolly and Josey A Connolly husband and wife and Thomas R
Connolly and Shirley A Connolly husband and wife duly recorded in
the aforementioned Clerk
s Office in Deed Book 3506 at page 654 and
WHEREAS Cypress Landing proposes to develop affordable housing in the City
or homeless veterans
of Chesapeake for disabled and

the Project

through a

partnership with the City The Project is described as follows

Cypress Landing proposes to construct a 50 unit 4 story elevator building with 44

one bedroom units and 6 two bedroom units The building will be constructed

with high quality materials and be EarthCraft certified The Project site will be

near public transportation and will have a bike shelter Half of the units will be

fully accessible all units will contain a full size washer and dryer There will be
onsite property management support services and maintenance staff The
building will have a multi purpose community room an exercise room an office

for property management staff and a maintenance storage area These housing
units will serve disabled andor homeless lowincome veterans at or below 50

half of the units or below 40 half of the units of the area median family
income and will utilize projectbased Section 8 vouchers Residents will pay no
more than 30 of their monthly income for rent and utilities The total estimated

cost to develop the Project is 000

610 which cost includes land acquisition
9
00
site development and construction costs and all other projectrelated costs An
estimated Development Budget is attached hereto as Exhibit B The Project

will be designed to meet City of Chesapeake design standards Cypress Landing

will be responsible for acquiring the land constructing the units and for the
ongoing management and maintenance of the property Cypress Landing will
also be responsible for obtaining both a construction loan and all permanent funds
for the Project and
WHEREAS Cypress Landing has requested the City to donate the Property to
Cypress Landing to be used in the Project
NOW THEREFORE THIS AGREEMENT WITNESSETH
1

The City agrees to convey the above described Property containing

approximately 6
358 acres more or less to Cypress Landing by Deed of Gift the Deed
of Gift

The City agrees to tender the Deed of Gift to Cypress Landing within ten 10

business days following written request from Cypress Landing Cypress Landing will

submit such written request within ten 10 business days of receiving confirmation of an
award of tax credits for the Project which confirmation is anticipated to be received on or
before July 31 2016 but not anticipated to be received later than October 1 2016

Cypress Landing agrees to accept conveyance of the Property expressly

subject to the obligations and conditions contained in the Deed of Gift A copy of the
proposed Deed of Gift is attached hereto as Exhibit C
3

Cypress Landing agrees to submit an application to the City seeking to

rezone the Property from R15s Residential District to RMF1 MultiFamily Residential
District Cypress Landing further agrees to submit if necessary e
g exception to

permitted building height etc an application to the City seeking a conditional use
permit

CUP

for the Property The City agrees to execute the necessary power of

attorney appointing Cypress Landing as its agent for purposes of applying for the
rezoning of the Property and if needed for the Project a CUP Cypress Landing shall be
responsible for all fees and costs associated with the rezoning and conditional use permit
applications Cypress Landing shall also be solely responsible for compliance with any
proffers or conditions attached to the rezoning andor CUP
4

Cypress Landing agrees it shall use the Property for the Project and for no

other use without the prior written approval of the City Manager
5

Cypress Landing agrees to be responsible to construct the above described

Project and for the ongoing management operation and maintenance of the Property at
its sole expense

Cypress Landing agrees that it will timely seek all necessary approvals

for the design and construction of the Project and that Cypress Landing will design and
construct the Project in accordance with City of Chesapeake design standards and all
applicable law

Cypress Landing agrees to be responsible for obtaining both a

construction loan and all permanent funds for the Project

Cypress Landing agrees to commence construction in good faith of the

Project

or

of other

improvements together Improvements

approved by the City on

the Property within twentyfour 24 months of the date from which the Property is

conveyed by the City to Cypress Landing As used in this Contract the phrase
commence construction in good faith shall mean satisfaction of the following
requirements
a

all necessary permits for the construction of the Improvements

shall have been acquired by Cypress Landing at its sole cost and expense shall be in full
force and effect and evidence thereof shall have been provided to the City and
b

notice has been given in good faith to the general contractor to

commence construction of the Improvements under the construction contract

8

The parties acknowledge that grants awarded under the federal HOME and

CDBG programs involve a competitive application process The City agrees upon
proper review and recommendation to provide federal HOME andor CDBG funds for
the development costs of the Project the amount of which will be subject to approval of
and appropriation by the Chesapeake City Council Any development costs not covered
by such federal funds shall be the sole responsibility of Cypress Landing
9

The parties acknowledge and agree that all of the units must have project

based Section 8 assistance committed to ensure that there is adequate funding to pay the

debt service for the units and operate and maintain them while keeping them affordable to
the very low income homeless andor disabled veterans
10

Cypress Landing agrees to use its best efforts to secure projectbased

Section 8 vouchers One possible source of Section 8 is HUDVASH projectbased

vouchers which are specifically for homeless disabled veterans this application would
be required to be submitted by the Chesapeake Redevelopment and Housing Authority a
political subdivision

of the Commonwealth of Virginia CRHA

Cypress Landing

agrees that it will prepare the application in partnership with CRHA for submission
The City agrees to provide support services to the resident veterans onsite

11

through the Chesapeake Department of Human Services andor Chesapeake Integrated

Behavioral Health

All notices to the City and to Cypress Landing shall be hand delivered or

12

delivered by certified mail with return receipt required and given to the following
person and address
For the

James E

City

For Cypress Landing

City

Sharon Shoff Chief Housing Officer

Virginia Beach CDC

Baker City Manager

of Chesapeake

306 Cedar Road 6 Floor

Chesapeake Virginia

2400 Potters Road

Virginia Beach Virginia 23454

23322

With copy to

Jan L Proctor City

City of Chesapeake

With copy to
Johnson Kanady III Esquire
P
Kanady Quinn C

Attorney

306 Cedar Road 6 Floor

Chesapeake Virginia
13

9200 Forest Hill Avenue Ste C

Richmond Virginia 23235

23322

Cypress Landing shall indemnify and hold harmless the City its officials

employees and agents from any loss cost or damage that may arise out of or in

connection with the performance of this Contract

14

City

This Contract was authorized by resolution adopted by the Chesapeake

Council

Landing

2015 and by resolution adopted by Cypress

on

C
L

2015

on

WITNESS the following signatures and seals

CITY OF CHESAPEAKE VIRGINIA

a Virginia municipal corporation

By
James E Baker City Manager

ATTEST

City Clerk

COMMONWEALTH OF VIRGINIA

CITY OF CHESAPEAKE to wit

The

foregoing

acknowledged

before

instrument
me

this

bearing

date of

day of

2015 was

2015 by James E Baker

City Manager and attested by

of the City Clerk

s Office

of the City of Chesapeake Virginia They are personally known to me

Notary Public

Registration No
My commission expires

CYPRESS LANDING L
C

a Virginia limited liability company

By Southeastern Virginia Housing Corporation
a Virginia nonstock corporation
its sole member

By
Name
Title

COMMONWEALTH OF VIRGINIA
to wit

CITY OF

The

foregoing

acknowledged

before

instrument
me

this

bearing
day

date of
of

2015 was

2015 by

of Southeastern Virginia Housing

as

Corporation a Virginia nonstock corporation Sole Member of Cypress Landing L

C
a

Virginia limited liability

company He

She is

personally

known to

as identification

presented

Notary Public

Registration No

My commission expires

me or

has

Approved

Assistant

as

to form

Approved as to form

Counsel for Cypress Landing L

C

City Attorney

EXHIBIT A

Subdivision Plat

EXHIBIT B

Estimated Development Budget

EXHIBIT C
PROPOSED DEED OF GIFT

10

The City of Chesapeake is exempt from grantor

s recordation taxes pursuant
to Section 58
1 811
4 and 58
C
1 811
D of the 1950 Code of Virginia as
amended
This deed was prepared by and return to City Attorney of the City of
Chesapeake Virginia 306 Cedar Road Chesapeake Virginia 23322
Clerk of Court Box

152

Portion of Tax Parcel No 0360000001931

DEED OF GIFT

Tax Exempt

THIS DEED OF GIFT Made this

day

of

1811
58
D

20 by

and between the CITY OF CHESAPEAKE VIRGINIA a Virginia municipal

corporation City
liability

company

Grantor and CYPRESS LANDING L

C a Virginia limited
Cypress Landing

Grantee whose address is 2400 Potters Road

Virginia Beach Virginia 23454

WITNESSETH That for and in consideration of the premises and mutual

covenants herein and without monetary consideration the City does hereby
give grant and convey unto Cypress Landing with Special Warranty the following
described property

the Property

towit

ALL THAT certain portion piece or parcel of land situated in the

Washington Borough of the City of Chesapeake Virginia
containing approximately 6
358 acres more or less of land shown
as PARCEL A on a certain plat entitled PRELIMINARY
RESUBDIVISION OF PORTIONS OF LOTS 4 5
6 DIVISION
OF CC UPTON FARM NEAR OAK GROVE FOR VETERANS

SUPPORT CENTER WASHINGTON BOROUGH CHESAPEAKE

VIRGINIA dated March 24 2015 made by Michael J Ortolano

City Surveyor attached hereto as Exhibit A and recorded
simultaneously herewith

IT BEING a portion of the same property conveyed to the City of

Chesapeake Virginia by deed dated May 14 1997 from Thomas R
Connolly and Shirley Connolly husband and wife and duly recorded
EXHIBIT

in the Clerk
s Office of the Circuit Court of the City of Chesapeake
Virginia in Deed Book 3506 at page 663
IT ALSO BEING a portion of the same property conveyed to the City
of Chesapeake Virginia by deed dated May 14 1997 from Thomas R
Connolly and Shirley A Connolly husband and wife and duly recorded
in the aforementioned Clerk
s Office in Deed Book 3506 at page 659

IT ALSO BEING a portion of the same property conveyed to the City

of Chesapeake Virginia by deed dated April 28 1997 from Ruth P
Whealton and duly recorded in the aforementioned Clerk
s Office in
Deed Book 3498 at page 58

IT ALSO BEING a portion of the same property conveyed to the City

of Chesapeake Virginia by deed dated May 14 1997 from William J
Connolly and Josey A Connolly husband and wife and Thomas R
Connolly and Shirley A Connolly husband and wife and duly recorded
in the aforementioned Clerk
s Office in Deed Book 3506 at page 654
1 This conveyance is made subject to the conditions restrictions easements
and reservations of record if any affecting the aforesaid property and constituting
constructive notice
2

RESTRICTIVE COVENANTS

A This conveyance is made EXPRESSLY SUBJECT to the obligation of

Cypress Landing to develop the Property by constructing thereon a 50 unit 4story

elevator building with 44 one bedroom units and 6 two bedroom units EarthCraft
certified to be operated by Cypress Landing as permanent supportive housing for
or homeless veterans
disabled and

the

Veterans

Housing

Cypress Landing

covenants that it will timely seek all necessary approvals for the design and construction
of the Veterans Housing and that it will design construct and operate such Veterans
Housing in accordance with all applicable federal state and local law
B

Cypress Landing shall commence construction in good faith of the

Veterans Housing and any other improvements approved by the City the

Improvements

on the Property within twenty four 24 months from the date of

this conveyance As used in this deed the phrase commence construction in good
faith shall mean satisfaction of the following requirements

i all necessary permits for the construction of the Improvements

shall be in full force and effect and evidence thereof shall have been provided to the
City and
ii notice has been given in good faith to the general contractor to
commence construction of the Improvements under the construction contract
C Cypress Landing shall not use the Property for purposes other than Veterans

Housing or other use approved in writing by the City Manager of the City of Chesapeake
D The restrictive covenants contained herein shall not hereafter be altered in

any respect without the express written approval and consent of Cypress Landing and the
City Cypress Landing may apply to the City for vacation or modification of the
restrictive covenants however the restrictive covenants may only be amended or vacated

by a recorded document signed by the City and Cypress Landing

E The City and its authorized agents shall have the right to enter and go upon

the Property to inspect the Property and take actions necessary to verify compliance with
these restrictive covenants The restrictive covenants contained herein shall be enforceable

by any proceeding at law or in equity The failure by the City to enforce any covenant or
restriction contained herein shall in no event be deemed a waiver of the right to do so
hereunder

F Notwithstanding the foregoing the restrictive covenants contained herein

shall apply only to Cypress Landing and shall automatically terminate upon foreclosure

This conveyance was authorized by resolution adopted by the Chesapeake

City

Council

20

on

WITNESS the following signatures and seals

CITY OF CHESAPEAKE VIRGINIA

a Virginia municipal corporation

By
City Manager
ATTEST

City Clerk

COMMONWEALTH OF VIRGINIA
CITY OF CHESAPEAKE towit
The

foregoing

acknowledged before

instrument
me

this

bearing date

day

of

of

20 was

20 by James E Baker

City Manager and attested by

of the Chesapeake City Clerk
s Office They are personally known to me

Notary Public

Registration No

My commission expires

ACCEPTED

CYPRESS LANDING L
C

a Virginia limited liability company

By Southeastern Virginia Housing Corporation
a Virginia nonstock corporation
its sole Member

By
Name

Title

COMMONWEALTH OF VIRGINIA
CITY OF

towit

The

foregoing

Acknowledged

before

instrument
me

bearing

this

date of

day of

20 was

20 by
of

as

Southeastern Virginia Housing Corporation a Virginia nonstock corporation Sole

Member of Cypress Landing L
C a Virginia limited liability company Grantee
HeShe is o personally known to me or o has presented
as identification

Notary Public
Registration No

My commission expires

Approved

Assistant

as

to form

City Attorney

Approved as to form

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