Title
Resolution Authorizing the Execution of a Revocable License Agreement Between the City of Hampton and Youth Sailing Virginia, Inc. to Use a Portion of the Mill Creek Pier
Purpose
PURPOSE/BACKGROUND:
The City leases from the Fort Monroe Authority (“FMA”) the recreational facility located at 100 Stillwell Road (the “Rec Center”), which is adjacent to a body of water known as Mill Creek (“Mill Creek”). The City, in cooperation with FMA, obtained permission to construct a pier over the state waters of Mill Creek that attaches to land directly behind the Rec Center. From the beginning, it was contemplated that the City could partner with Youth Sailing Virginia, Inc. ("YSV") to provide programming for the community and, therefore, a portion of the pier was designed and built to accommodate the storage and launch of their sailboats.
YSV is a volunteer-based charitable nonprofit corporation organized to make sailing available and affordable for youth throughout greater Hampton Roads. In early 2018, the City and YSV entered into a short-term license agreement to allow YSV to use the pier during the Fall Regatta season. Then in 2019, the City and YSV entered into a long-term license agreement which expires February 19, 2024.
YSV uses the licensed area of the pier to store and launch boats, offer “learn to sail” programs for the community (through the YMCA and the City's Parks, Recreation, and Leisure Services department), water sports and safety programs, and competitive sailing programs and regattas for high school-aged youth, college students, and the public.
The terms and conditions of this updated long-term license agreement are similar to the existing license agreement. The term dates and individual contact information have been updated in this new license agreement; however, the general terms and conditions remain the same as the existing license agreement. No rent will be charged for the use of the licensed area. The attached license agreement is for a term of one year with annual renewals for up to four years.
Separate from this license agreement, the City also contracts with YSV to assist with water support services for the City’s rental of kayaks and paddle boats to the public. No action is needed with respect to that water support services contract.
Discussion:
See background statement.
Impact:
See background statement.
Recommendation:
Conduct a public hearing and approve the Resolution
Body
WHEREAS, the City is the owner of that certain pier located on Hampton Mill Creek (the "Mill Creek Pier"), and fixed and adjacent to the recreational facility leased by the City from the Fort Monroe Authority located at 100 Stillwell Road;
WHEREAS, the City built the Mill Creek Pier for general use by the public;
WHEREAS, Youth Sailing Virginia, Inc. ("YSV") is a volunteer-based charitable nonprofit corporation organized to make sailing available and affordable for youth throughout greater Hampton Roads;
WHEREAS, the City and YSV entered into a license agreement in 2019 for YSV to use a designated area of the Mill Creek Pier (the "Licensed Area") to store and launch boats, to offer water sports, safety, and “learn to sail” programs for the community (through the YMCA and the City's Parks, Recreation, and Leisure Services department), and to allow for competitive sailing programs and regattas for high school-aged youth, college students, and the public;
WHEREAS, the current license agreement expires February 19, 2024 and YSV desires to enter into a new license agreement to continue to use the Licensed Area for those purposes;
WHEREAS, the City Manager and the Director of Parks, Recreation, and Leisure Services have determined that it is in the best interest of the City to allow YSV to continue to use the Licensed Area for those purposes; and
WHEREAS, the City Council of the City of Hampton, Virginia has determined that the terms and conditions of the proposed license agreement are acceptable.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Hampton, Virginia, as follows:
1. That it approves the license agreement and any revision thereto as approved by the City Attorney to lease certain designated portion of the Mill Creek Pier to Youth Sailing Virginia, Inc.; and
2. That the City Manager or her authorized designee is authorized to execute and deliver to Youth Sailing Virginia, Inc. a license agreement in substantially the same form as attached hereto.