009-23 (JointAgreementFredCoAndMiddletownAdminOfProffers) Action:
BOARD OF SUPERVISORS: September 27, 2023 Approved
RESOLUTION
TO APPROVE AN AGREEMENT BETWEEN THE COUNTY OF FREDERICK AND THE
TOWN OF MIDDLETOWN REGARDING THE JOINT ADMINISTRATION OF
PROFFERS
WHEREAS, the Town of Middletown and Frederick County have benefited from the joint
administration of proffers within the Town since 2005; and
WHEREAS,in continuance of this mutually beneficial relationship,renewal of the Joint Agreement for
Administration of Proffers dated August 10th, 2005, is necessary; and
NOW,THEREFORE,BE IT RESOLVED that the Frederick County Board of Supervisors approves
art updated Joint Agreement for Administration of Proffers between the County and the Town,a copy of
which is attached hereto as Exhibit C and made a part hereof.
Passed this 27th day of September by the following recorded vote:
Charles S. DeHaven, Jr., Chainnan Aye Shawn L. Graber Aye
Heather H. Lockridge Aye Robert W. Wells Aye
Blaine P. Dunn Aye Josh E. Ludwig Aye
Judith McCann-Slaughter Aye
A COPY ATTEST
Michael L. BolIhoefer
Frederick County Administrator
Res# 009-23
i Exhibit C
JOINT AGREEMENT FOR ADMINISTRATION OF PROFFERS
THIS JOINT AGREEMENT dated this tet— day of � ` , 2023 by and
between the TOWN OF MIDDLETOWN, VIRGINIA ("Town"), and the COUNTY OF
FREDERICK, VIRGINIA, ("County").
WHEREAS, the Town has adopted conditional zoning provisions in its zoning ordinance;
and
WHEREAS, under such conditional zoning provisions the Town may accept proffered
conditions in zoning actions taken by the Town,including but not limited to, accepting proffers for
the benefit of the County; and
WHEREAS, pursuant to Virginia Code Section 15.2-1300 the Town and County desire to
enter into this Joint Agreement to provide for the Town to accept proffers for the benefit of the
County, for the enforcement and administration of proffers accepted by the Town for the benefit
of the County, and for the County to provide data to the Town for the Town's use in conditional
zonings.
NOW, THEREFORE, the Town and the County do hereby jointly agree as follows:
1. The duration of this Joint Agreement shall be twenty (20) years and may be renewed
by ordinance adopted by both jurisdictions.
2. The purpose of this Joint Agreement is to provide for the Town to accept proffers for
the benefit of the County and to provide for the enforcement and administration of
proffers accepted by the Town for the benefit of the County.
3. The parties do not anticipate additional costs related to this Joint Agreement.
4. Upon the filing with the Town of an application for a rezoning,the Town shall provide
the County a copy of the rezoning application.
5. The County may provide the Town with information concerning the County's
calculation of the net cost to the County of public facilities and services which would
be generated by the proposed rezoning, and the fiscal impact to the County of the
proposed rezoning, based on the County's development impact model, which
information the Town may use in any discussions concerning proffers in conjunction
with the proposed rezoning.
6. The Town may accept proffers for the benefit of the County.
7. Administration of Proffers
A. Proffers accepted by the Town for the benefit of the County, both monetary and
non-monetary, shall be received and administered by the Town, subject to the terms
of this Agreement.
B. Cash proffers for the benefit of the County for facilities to be provided by the
County shall be paid by the Town to the County as such proffer payments are made.
8. Enforcement of Proffers
A. It is the intent of the Town and County that the cost of enforcement of proffers, to
include,without limitation, attorney fees, court costs, and expert witness fees, shall
be borne by the jurisdiction benefiting from the proffer.
B. For monetary proffers, the cost of enforcement shall be borne by the jurisdiction
which is to receive the monetary proffer. If monetary proffers are to be received in
part by both jurisdictions, the cost of enforcement shall be shared by the
jurisdictions, pro rata upon the amount of monetary proffer claimed by each
jurisdiction.
C. The cost of enforcement of non-monetary proffers shall be borne by the jurisdiction
to be primarily benefited from the non-monetary proffer.
D. For circumstances not clearly covered by subparagraph B or C above,the Town and
County agree to cooperate in good faith to carry out the intent as set forth in
subparagraph A, above.
E. In the event the Town is unable or fails for any reason to enforce proffers on any
property subject to this Agreement, the County shall have the right to enforce such
proffers, with the recipient of cash proffers and the allocation of the expense of
enforcement to be as set forth in this Agreement.
9. The Town and County recognize that future proffers may be of a kind not expressly
anticipated by this Agreement. The Town and County agree to use their best efforts to
handle proffers consistent with the basis of the proffers and the terms of the proffers.
The Town and County further agree to amend this Agreement in the future, where
necessary, to address issues not addressed by this Agreement including without
limitation,proffers which exist on property when the property comes into the Town by
annexation or boundary line agreement. This Agreement also expressly covers any
land which comes into the Town by annexation or boundary line agreement following
the execution of the Agreement, irrespective of whether the land is then subject to
proffers.
10. The County shall be responsible for the reporting requirements under Virginia Code
Section 15.2-2303.2 for cash proffers collected by the Town and paid to the County
pursuant to this Agreement.
11. In the event this Agreement is terminated prior to the payment of all monetary proffers
for the benefit of the County, such monetary proffers will continue to be paid by the
Town to the County as such proffer payments are made. In the event this Agreement is
terminated prior to the completion of non-monetary proffers for the benefit of the
County, such non-monetary proffers shall continue to be enforced as set forth in
Paragraph 8, above.
WITNESS the following signatures and seals:
Approved by the TOWN OF MIDDLETOWN,VIRGINIA
Middletown Town Council
On V5 v s+ 32023 By:
Charles Harbaugh IV, Mayor
Approved by the COUNTY OF FREDERICK,VIRGINIA
Frederick County
Board of Supervisors
On , 2023 By:
Charles S. DeHaven, Jr., Chairman