HomeMy WebLinkAbout2005-09Ordinance 2005-09
Ordinance Authorizing Development of Amending to Agreement Adopted
By Ordinance 2004-25 and a Deed Authorized by Ordinance 2004-2f
Adopted: February 23, 2005
Effective: February 23, 2005
TOWN OF PULASHI
ORDINANCE 2005-09
ORDINANCE AUTHORIZING DEVELOPMENT OF AMENDED AGREEMENT TO
AGREEMENT ADOPTED BY ORDINANCE 2004-25 AND A DEED AUTHORIZED BY
ORDINANCE 2004-26
WHEREAS, an agreement was entered into by and between the Town of Pulaski and Gregory
General Contracting, Ground Vibration Consultants, Inc., Samuel Gregory, as owner of GGC and
individually, Bobby Payne, as president of GVC, Inc. and individually, Patricia Gregory,
individually and Angela Payne, individually (hereinafter referred to as GGC and GVC, Inc.)
pursuant to Ordinance 2004-25 and a deed was executed pursuant to Ordinance 2004-26 to GGC
and GVC, Inc.; and
WHEREAS, GGC and GVC, Inc. have partially performed the agreement entered into dated
October 12, 2004 and tJZe Town Council of the Town of Pulaski has determined it is consistent
with the health, safety and general welfare of its citizens to release GGC and GVC, Inc. of certain
responsibilities under the agreement of October 12, 2004 in exchange for a fee simple interest in
land for a roadway and an easement for an adjacent slope as outlined herein; and
NOW, THEREFORE, be it ORDAINED by the Town Council of the Town of Pulaski, Virginia
that an agreement amending the agreement of October 12, 2404 and correcting the executed deed
is authorized to be developed by and between the Town of Pulaski and GGC and GVC, Inc.
releasing GGC and GVC, Inc. of the obligations set forth on Exhibit "A" attached hereto and
expressly made a part hereof as if set forth herein in return for a fee simple interest from GGC
and GVC, Inc. in a parcel of land the boundaries of which are marked in orange on Exhibit "B"
attached hereto and expressly made a part hereof and a slope easement as shown on sheet 3 of 10
Pulaski Business Park Site Pad Preparation document prepared by Anderson & Associates, Inc.
dated February 14, 2005 and adopted by reference thereto as part of this ordinance as fully as if
set forth herein.
Moreover, it is further ORDAINED that a public hearing be held on the transfer of 3.000 acres
identified as New Parcel "A" on Exhibit "B" to GVC, Inc. as part of the consideration for the
amended agreement referred to herein.
This Ordinance is effective upon adoption and is hereby adopted this 23'~ day of February, 2005,
by recorded vote of the Town Council of the Town of Pulaski, Virginia as follows:
Jeffrey S. Worrell -Aye
Dan Talbert, Jr. -Aye
Bettye H. Steger -Aye
Lane R. Penn -Aye
John T. Bolen -Aye
Joel B. Burchett, Jr. -Aye
Town of Pulaski, Virginia
By:
Charles L. Wade, Mayor
ATTE ED:
Patricia Cruise, Clerk of Council
EXEIIBIT "A"
1. Labor, equipment and expertise of approximately $ 652,000.00 to lay water,
sewer and electrical conduit in the Pulaski Business Pazk as set forth in
Pazagraph 1 of the Agreement dated October 12, 2004 and o~- these express
provisions. The remainder of Pazagraph 1 relating to Capital investment shall
remain in full force and effect.
2. A road required to be constructed by GGC and GVC, Inc. as stated in
Pazagraph 3 of the Agreement dated October 12, 2004.
3. One (1) storm water facility (Pond One (1)) as stated in Paragraph 4 of the
Agreement dated October 12, 2004.
4. Removal o~ 9,000 cubic yazds of rock as stated in Paragraph 5 of the
Agreement dated October 12, 2004.
5. In Pazagraph N. First Right of Refusal of the Agreement dated October 12,
2004. The language shall be amended to state "The Town of Pulaski shall
have the right of first refusal to purchase the property and buildings thereon at
any and all formal offers to purchase said property." All provisions of
Pazagraph IV. relating to notice provisions and time response shall remain in
full force and effect.
6. In Pazagraph V. Additional Provisions, item 3. shall be modified to reflect that
the completion date for the construction of the buildings is extended to
January 1, 2007.
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I, Patricia Cruise, Clerk of Council, certify that the forgoing Ordinance
2005-09 Ordinance Authorizing Development of Amending to Agreement
Adopted by Ordinance 2004-25 and a Deed Authorized by Ordinance 2004-
26 is a true and correct copy as adopted by the Pulaski Town Council at their
regular meeting on March 1, 2005.
~Jt c~.~
Patricia Cruise, Clerk ~of Council
TClclordinance/certification 2005-09