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~arch 8th, 1969,
<br />
<br />proved.
<br />
<br /> At a regular meeting of the Councii of the City of Portsmouth, held on
<br />there were present:
<br />
<br /> ~Le,s~l!e ~. ~ox~ Rank N. Bmlzsoly, Jr., F~ed i. Duke, George L. Grimes,
<br /> ~.r~j.~r ~..ne~er~son~ C~rl C. H~ton, Jr., James N. HOward, E. Robie
<br /> ~eve. n~, ~ar~e . ~ilson, ~. Gu~r Ancett~ Cit= ~ana~er ~ R C
<br /> arolay, ~z~y Et~orney. ~ ~
<br />
<br /> Einutes of regular meeting held on Febz~ary E~d, 1949 were ~ead and ap-
<br />
<br /> The City i~nager presented the following communications:
<br />
<br /> 1st - The following letter and-lease from the City ~tto~ney:
<br />
<br /> ~Pursu~nt to a resolution which you adopted at your last meeting, I gave
<br /> notice by publication for ten days in the Portsmouth Star requesting bids for the lease of the
<br /> land adjoining the Norfolk and Western Railroad. The only bid received was one from the City
<br /> of Suffolk which desires to use the land for a golf course. The bid was $8.00 per yea~ snd I
<br /> recommend its acceptance and that the ~ayor ~ud City Clerk be authorized to execute the
<br /> tached lease with the seal of the C_ty affixedo~
<br />
<br /> Lease - ~THIS AGHE~-~T, made in duplicate this day o f ~arch, 1949, by and be-
<br /> tween the City of Portsmouth, a municipal corporation of the-~ate of Virginia,hereinafter
<br /> called the Lessor, and City of Suffolk, a municipal co~oration of the State of Virginia,here-
<br /> inafter called the Lessee;
<br /> Wi~ESS~H: That Lessor does hereby demise and lease unto Lessee, and
<br /> Lessee does hereby lease ik~om Lessor the fellowing described real estate, to-wit:
<br /> All that certain tract or parcel of land, with its appurtenances, situat~
<br /> in Holy Neck Nagisterial Dzstrzct, in Nansemond County, Virginia, being bounded ~nd described
<br /> as follows, to wit:. Begir~uing a~ an iron pipe in the eastern ~ight of way line of the Nor~
<br /> folk and Nestern Razlway Company, sazd zron pzpe oezng located approximately 400 ~eet south-
<br /> wardly from~rgznza State Hig~way No. 58, ~nen measured along a line drawn at a right angle
<br /> po sai? highway, and rp~ni~ng thence from said point of beginning S 89° 00' E ll63 feet to an
<br /> zron pzpe; thence N O1° 00' E B1 feet to a point; thence S 89° E~380 fees ~o an iron pipe;
<br /> thence N, 19° ~0' ~ 186~ Teet to a '~
<br /> pozn~;'~ehc~-S 89° 00' E 2235 feet~mo~e or ~less~,to the,
<br /> east s~de~ef a.d~.tch;-~t~ence N01° GO' W 200 Feet to ~he south side Of VirginiaSta~ Highway
<br /> No~;88;, ~hence S~890~0, E ~0 f~et along ~he seUth side ~of~said highW~ thence S bl° 00~ ~20~
<br /> fe~; thence S 89 O0~ E 908 f~e$~ m~e ~ leSs~ to ~a point located S 01° 00~ E ~00 Feet f~c~
<br /> a poin~ On the SoUth side of said hlghw~y which lastmentioned ~oint is 40~8 feet From the
<br /> eastern right-ofTway line of the Norfolk~ and Weste~ RailwayC0mpany when measured along the
<br /> south, side of sazd highway; thence S 01~ E E660feet, more or less, to the northei~n right-of-
<br /> way lane of the Norfolk end ~estern Railway Company; thence northwestardly along the right-of
<br /> way line of the Nor£olk and Western Railway Company to the aforesaid point of beginning, and
<br /> containing 1B3.99 acres, more or less. The said tract or parcel of land i s bounded on the
<br /> north by other land of the Lessor, Virginia State Highway No. 88, the lands of H.D. Luke and
<br /> the land of Ernest Oliver; on the east by other land of the Lessor; and on the south andw est
<br /> by the right-of-way of the Norfolk and Western Railway Company; and is shown cna plat hereto
<br /> attached and to be recorded herewith.
<br /> ~It~e above described tract or parcel of land is a part of the same prope~
<br /> ty which was conveyed to the Lessor by the following deeds: Deed from Ernest Oliver and wife
<br /> dated April 22nd, 1948, and recorded in the Clerk's Office of the Circuit Court of Nansemond
<br /> County, Virginia, in Deed Boo~ 164, page 390; deed fr~m E.E. Holland and wife, dated Septem-
<br /> ber 18th, 194~, and recorded ~n said Clerk's office in Deed Book 148, page 88; and deed from
<br /> Portsmouth Ber~ley and Suffolk ~ater Company, dated December 30th, 1918, and recorded in s aid
<br /> Clerk's ofx~ice in Deed Book 90, page
<br /> TO HOLD the premises hereby demised unto Lessee for Twenty (20) years,
<br /> beg~nn_ng on the First day of Aoril, 1949, and ending on the Last day of Narch, 1969, on the
<br /> following teens and conditions:
<br /> (1) Lessee shall pay the following rent: An annual rent of Five
<br /> Dollars payable in advance on the first day of April o f each year during the teen hereof. *
<br /> (2) The demised premises shall be used only for the purpose of construcl
<br /> lng, maintaining ~ud operating thereon a golf course ~d the usual ~ud customary bu_ldings,
<br /> pipes, wells and facilities pertaining thereto.
<br /> (3) Lessee may begin the construction of the said golf course upon the
<br /> execution of this lease by the parties h~eto.
<br /> (~) ~ny buildings, eq~zpmen~, facilities or improvements attached to t~
<br />mdemised premises or placed in or on said premises by the s~id Lessee, shall be considered as
<br /> personal property, and shall remain the p~operty, of th? s~id ~essee, and the said Lessee sh~3~
<br /> have the right to remove the s~e from sa~d premises wmthzn nznety (90) days after the expir~
<br /> tion o r t e~mination of this lease or any renewal thereof.
<br /> (8) No septic tank for sewerage disposal shall be installed on the de-
<br /> mised premises within four hundred (400) feet of any part of the waters, a t high water mark,
<br /> of the lake owned by the Lessor and ~u~owna s Lake Kilby, nor shall said premises be used in
<br /> any marzuer which will contaminate said waters or interfere with the purpose for which said
<br /> land was purchased by the City of Portsmouth.
<br /> (6) The construction of a g elf course upon the demised premises shall
<br /> be commended within twelve (1E) months from t he d ate of this lease, otherwise this lease
<br /> snal_ be teE~inated and t~e ~said premises shall revert to the Lessor
<br /> (T) Upon the abandonment of the use of the demised premises as a golf
<br /> course for a period of two (E) consecutive years after the construction thereof t~s lease
<br /> shall be terminatedand the said premises shall r e~ert to the Lessor.
<br /> (8) Lessee shall h ave the option~or privilege of renewing this lease
<br /> for an additional teen of twenty (20) years, begir~uing on the first day o f April, 1969,
<br /> .
<br /> ending on the last day of Ma~ch, 1989, at the same rental and subjec~ ~ the same teens and
<br /> conditions hereof. ~ne Lessee may e xercise this option to renew this lease by giving to the
<br /> Lessor written notice that Lessee will exercise such option a n~ renew the Lease for such ad-
<br /> ditional te~m o f twenty years. Such ~otice shall b e delivered or mailed to the Lessor at
<br />
<br />
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