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75A89_CrosspointeCenterL. December 13, 2010 Glaize Development, Inc. P.O. Box 888 Winchester. VA 22604 RE: Crosspointe Center - Rezoning #13 -03 Dedication of Area for Government Services Dear Mr. Glaize: John R. Riley, Jr. County Administrator 540/665 -5666 Fax 5401667 -0370 E -mail: jriley@co.frederick.va.us On February 11, 2004, the Board of Supervisors approved rezoning #13 -03 and its associated proffered conditions for Crosspointe Center. One proffered condition, Item 16, on page 10 of 12, provided for the dedication of 9 acres of land to the County for public use. Proffer item 16.2 provides for this land dedication to occur within three (3) years of rezoning approval, or the time period may be extended for an additional two (2) years upon the Board' s request. On January 23, 2007, 1 wrote to you, on behalf of the Board of Supervisors, to request an extension of the land dedication for the additional two years as enabled by Proffer Item 16.2. The purpose of this extension was to enable both parties to complete the master development plan review process, with the land dedication to follow. Since my last correspondence, the Master Development Plan for this project has been reviewed by the Board of Supervisors but the final plan has yet to receive administrative approval . I am writing to reaffirm the County's interest in the dedication of this 9 acre parcel to the County for public use. Given the current economy, an extension of this land dedication is in the benefit of both parties. For this extension to occur, it would be appropriate for you, as the applicant, to initiate a minor proffer amendment to amend proffer 16.2 to provide for additional time for the land dedication to occur. Because the proposed revision is minor in nature, in accordance with Va. Code § 15.2 -2302, a public hearing would not be required. Please let me know how you wish to proceed in this matter. you have any questions, please do not hesitate to contact me. Riley, Jr. Administrator cc: Eric R. Lawrence, Planning Director RE: PDRes #27 -03 107 North Kent Street • Winchester, Virginia 22601 =" COUNTY of FREDERICK R L. December 13, 2010 Glaize Development, Inc. P.O. Box 888 Winchester. VA 22604 RE: Crosspointe Center - Rezoning #13 -03 Dedication of Area for Government Services Dear Mr. Glaize: John R. Riley, Jr. County Administrator 540/665 -5666 Fax 5401667 -0370 E -mail: jriley@co.frederick.va.us On February 11, 2004, the Board of Supervisors approved rezoning #13 -03 and its associated proffered conditions for Crosspointe Center. One proffered condition, Item 16, on page 10 of 12, provided for the dedication of 9 acres of land to the County for public use. Proffer item 16.2 provides for this land dedication to occur within three (3) years of rezoning approval, or the time period may be extended for an additional two (2) years upon the Board' s request. On January 23, 2007, 1 wrote to you, on behalf of the Board of Supervisors, to request an extension of the land dedication for the additional two years as enabled by Proffer Item 16.2. The purpose of this extension was to enable both parties to complete the master development plan review process, with the land dedication to follow. Since my last correspondence, the Master Development Plan for this project has been reviewed by the Board of Supervisors but the final plan has yet to receive administrative approval . I am writing to reaffirm the County's interest in the dedication of this 9 acre parcel to the County for public use. Given the current economy, an extension of this land dedication is in the benefit of both parties. For this extension to occur, it would be appropriate for you, as the applicant, to initiate a minor proffer amendment to amend proffer 16.2 to provide for additional time for the land dedication to occur. Because the proposed revision is minor in nature, in accordance with Va. Code § 15.2 -2302, a public hearing would not be required. Please let me know how you wish to proceed in this matter. you have any questions, please do not hesitate to contact me. Riley, Jr. Administrator cc: Eric R. Lawrence, Planning Director RE: PDRes #27 -03 107 North Kent Street • Winchester, Virginia 22601 005101011305 1 WON N Action: PLANNING COMMISSION: November 19, 2003 - Recommended Approval BOARD OF SUPERVISORS: February 11, 2004 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #13 -03 OF CROSSPOINTE CENTER WHEREAS, Rezoning #13 -03 of Crosspointe Center, submitted by Gilbert W. Clifford & Associates, Inc., to rezone 574.37 acres from RA (Rural Areas) and B2 (Business General) to RP (Residential Performance) and B2 (Business General). Specifically, this application requests the rezoning of the subject acreage as follows: 175.62 acres from RA (Rural Areas) to B2 (Business General), 381.80 acres from RA (Rural Areas) to RP (Residential Performance), and 16.95 acres from B2 (Business General) without proffers to B2 (Business General) with proffers. The subject site is located in the Kernstown area, east ofthe southern terminus of Route 37, north and adjacent to Lakeside Subdivision, and east and adjacent to Tasker Road (Route 642), and is identified with Property Identification Numbers 75 -A -89, 75- A -89A, 75-A-90,75-A-91,75-A-92,75-A-94,75-A-95 and 75 -A- 96 in the Shawnee Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on November 19,2003; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on February 11, 2004; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 574.37 acres from RA (Rural Areas) and B2 (Business General) to RP (Residential Performance) and B2 (Business General), as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes #27 -03 This ordinance shall be in effect on the date of adoption. Passed this 11th day of February, 2004 by the following recorded vote: Richard C. Shickle, Chairman Aye Barbara E. VanOsten Aye Gina A. Forrester Nay Gary Dove Aye W. Harrington Smith, Jr. Nay Bill M. Ewing Aye Lynda J. Tyler PDRes. #27 -03 0' \Resolutions\2004 \Crosspointe Center.wpd -Ay A COPY ATTEST 'WJ-1 - Jo . Riley, Jr' `. . Frede 'ck County dministrator PROPOSED PROFFER STATEMENT REZONING: RZ. # : RA -1 to RP and B -2 PROPERTY: 5 74.3 7 acres + / -; Tax Map Parcels 75 -A -89, 89A, 91, 92, 95, 96 and a portion of 75 -A -90 and 75 -A -94 (the "Property ") RECORD OWNER: Glaize Developments, Inc., a Virginia corporation. APPLICANT: Glaize Developments, Inc. PROJECT NAME: Crosspointe Center ORIGINAL DATE OF PROFFERS: August 27, 2003 REVISION DATA: October 22, 2003 January 23, 2004 The undersigned hereby proffers that the use and development of the subject property ( "Property "), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced rezoning is not granted as applied for by the applicant ( "Applicant "), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board ") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. If this application is denied by the Board, but in the event that an appeal is for any reason thereafter remanded to the Board for reconsideration by a court of competent jurisdiction, then these proffers shall be deemed withdrawn unless the Applicant shall affirmatively readopt all or any portion hereof in a writing specifically for that purpose. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicanf' as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan" shall refer to the plan entitled "Generalized Development Plan, Crosspointe Center" dated August. 12, 2003, as revised October 20, 2003 (the "GDP "), Page 1 of 12 Crosspointe Center and shall include the following: Proffer Statement 1. the "Overall GDP," dated August 12, 2003, as revised October 20, 2003; 2. the "GDP, Phase I," dated August 12, 2003, as revised October 20, 2003; 3. the "GDP, Phase II," dated August 12, 2003, as revised October 20, 2003; 4. the "GDP, Phase III," dated August 12, 2003, as revised October 20, 2003, and 5. the "Parks, Trails & Buffer Exhibit," dated October 20, 2003. i MEBWO MMIT4 1.1. Areas of commercial development on the Property shall be developed in conformance with the regulations of the Business General (B2 ") zoning district, as set forth in the Frederick County Code. All commercial development on the Property shall comply with the aforesaid regulations, or as may be approved by Frederick County. 1.2. Commercial development on the Property shall not exceed a maximum of 960,000 square feet, in the locations generally depicted on the GDP. 1.3. Areas of residential development on the Property shall be, developed in conformance with the regulations of the Residential Performance ( "RP ") zoning district, as set forth in the Frederick County Code. All residential development on the Property shall comply with the aforesaid regulations, or as may be approved by Frederick County. 1.4. Residential development on the Property shall not exceed a maximum of 1,578 dwelling units, of which 200 shall be age- restricted housing units in the locations generally depicted on the GDP, and no more than 1,042 shall be single family detached units. No rental garden apartments shall be permitted. 1.5. Except to the extent otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, any dwelling unit within the portions of the Property identified as "age- restricted" housing shall be restricted to "housing for older persons" as defined in Va. Code Ann. § 36 -96.7, or a surviving spouse not so qualifying. No persons under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property, and any Homeowners' Association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said covenant. Page 2 of 12 Crosspointe Center Proffer Statement 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1. The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Crosspointe Proffer Statement as approved by the Board. However, the commercial portion Property shall be phased in accordance with the Frederick County Impact Statement, as stated below. 2.2. The Property shall be developed in three phases. The minimum commercial floor space proffered in this section is that predicted by the Frederick County Impact Model as that necessary to mitigate the phase residential fiscal impact without consideration of cash proffer contributions. The three phases shall be authorized as follows: 2.2.1 Phase I shall include not less than 210,000 SF of commercial /retail gross leaseable floor space. Residential development in Phase I shall not exceed 616 dwelling units, of which 100 units shall be single - family small lot dwelling units for age restricted users. 2.2.2 Phase II development shall not commence until the minimum commercial /retail gross leaseable floor space required in Phase I is constructed. Thereafter, residential development in Phase I1 shall not exceed 513 dwelling units, of which 100 units shall be single- family small lot dwelling units for age restricted users. 2.2.3 Phase III development shall not commence until a total of 390,000 square feet of commercial /retail gross leaseable floor space is constructed. Residential development in Phase III shall not exceed 449 dwelling units. 3. ARCHITECTURE, SIGNAGE, AND LANDSCAPING: 3.1. Materials utilized for all exterior facades of the commercial buildings shall include but not be limited to concrete masonry units (CMU) brick, architectural block, dryvit, or other simulated stucco (EFIS), real or simulated wood and/or glass. Standard concrete masonry block shall not be used for the front facades of any buildings. 3.2. All buildings within the development on the property shall be constructed using compatible architectural styles and materials, and signage for such buildings shall be of a similar style and materials in order to maintain a unified development plan. The Applicant shall establish one or more Architectural Review Board /s to enforce a unified development plan. 3.3. A comprehensive sign plan shall be presented as part of the Master Plan submission for approval by Frederick County. Page 3 of 12 Crosspointe Center Proffer Statement 3.4. The major collector roadways (Tasker Road and Warrior Drive) in Crosspointe shall have a minimum 35' width buffer adjacent to dedicated rights of way and, except at entrance locations, be improved with landscape features and lighting to create a quality "boulevard" appearance. Illustrative details of these improvements shall be presented for approval by Frederick County at Master Plan. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 4.1. The Applicant shall design and build a public pedestrian- bicycle trail system to Department of Parks and Recreation standards that links residential and commercial areas within the development. Said trails shall be in general conformance with the Southern Frederick Land Use Map and as such, shall be in the locations generally depicted on the GDP. The trails shall be 10 feet wide, have an asphalt surface and shall be approved by the Director of Parks and Recreation and the Planning Commission. FIRE & RESCUE: 5.1. The Applicant shall contribute to the Board the sum of $250.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each such unit. 5.2. The Applicant shall contribute a total of $300,000.00 to the Volunteer Fire Department providing service to the Property as first responder, payable in three equal installments of $100,000.00, upon issuance of the first building permit for each of the three phases as described herein. SCHOOLS: 6.1. The Applicant shall contribute to the Board the sum of $3,000.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each such unit with the exception of age- restricted units. 7. PARKS & OPEN SPACE: 7.1. The Applicant shall contribute to the Board the sum of $500.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each such unit. 8. LIBRARIES: 8.1. The Applicant shall contribute to the Board the sum of $100.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such unit. 9. SHERIFF'S OFFICE: Page 4 of 12 Crosspointe Center Proffer Statement 9.1. The Applicant shall contribute to the Board the sum of $5,000.00 for the Sheriffs Office upon issuance of the first building permit for the development. 10. ADMINISTRATION BUILDING: 10.1. The Applicant shall contribute to the Board the sum of $5,000.00 to be used for construction of a general governmental administration building upon issuance of the first building permit for the development. 11. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 11.1. The residential portion of the development shall be made subject to one or more homeowners' association(s) (hereinafter "HOA ") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. If there is more than one such association, the Applicant shall create an umbrella HOA with respect to the entire development that shall, among other things, have responsibility for assuring compliance with design guidelines and standards, signage requirements, and similar matters. 11.2. In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal programs, including curbside pick -up of refuse by a private refuse collection company, and (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument. 11.3. The commercial portion of the development shall be made subject to one or more property owners' association(s) (hereinafter "POA ") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such POA herein. If there is more than one such association, the Applicant shall create an umbrella POA with respect to the entire development that shall, among other things, have responsibility for Page 5 of 12 Crosspointe Center Proffer Staten¢ent assuring compliance with design guidelines and standards, signage requirements, and similar matters. 11.4. In addition to such other duties and responsibilities as may be assigned, a POA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of commercial lots; (iii) common solid waste disposal programs to include dumpster and contract carrier services provided by a private refuse collection company, and (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the POA if platted within commercial or other lots, or otherwise granted to the POA by appropriate instrument. 12. WATER & SEWER: 12.1. The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority. 13. ENVIRONMENT: 13.1. Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2 -3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 13.2. Stream preservation buffers shall be constructed in general conformance with the Parks, Trails & Buffer Exhibit, so as to create buffers in excess of that required by the Frederick County Zoning Ordinance to protect the Opequon and Hoge Run streams from disturbance. No clearing or grading shall occur within those buffers, except for the construction of road crossings, trails, sanitary sewer, or other utilities. 14. TRANSPORTATION: 14.1. Transportation improvements shall be associated with and initiated with each phase of the development as set forth below. It is the Applicant's intent to utilize public road funding as it may be available for portions of this project, however, the responsibility for causing the construction to occur prior to issuance of building permits shall rest with the Applicant. Furthermore, design of the roadway system shall be consistent with the study entitled "A Phased Traffic Impact Analysis of Crosspointe Center," prepared by Patton Harris Rust & Associates, dated September 10, 2003 (the "TIA "). Page 6 of 12 Crosspointe Center Proffer Statement 14.2. The following traffic improvements shall be designed and constructed during Phase I. The exact location and design of such improvements shall be subject to reasonable adjustment upon final engineering thereof. 14.2.1 Prior to the issuance of the first building permit the Applicant shall design and construct an extension of Crosspointe Boulevard in an easterly direction for 1,100 feet as generally depicted on the GDP. Such design shall be in accordance with the Virginia Department of Transportation ( "VDOT ") specifications, and subject to review and approval by the Frederick County and VDOT. ( "E" to "G" on the GDP). 14.2.2 Prior to issuance of the first building permit for the development the Applicant shall design and construct a realigned intersection of Tasker Road with the extension of Crosspointe Boulevard as generally depicted on the GDP. Such design shall be in accordance with VDOT specifications and subject to review and approval by Frederick County and VDOT. (`F" to "G" to "H" to ".F" on the GDP). 14.2.3 Prior to the issuance of the first building permit the Applicant shall design and construct an extension of Hilandale Road from Crosspointe Boulevard extended in an easterly direction between the Phase I commercial and residential developments as generally depicted on the GDP. Such design shall be in accordance with VDOT specifications and subject to review and approval by Frederick County and VDOT. ( "I" to "H" on the GDP). 14.2.4 At a time approved by VDOT the Applicant shall design and construct an additional lane on SBL U.S. Route l I between the interchange ramp intersections with Route 37 as generally depicted on the GDP. Such design shall be in accordance with VDOT specifications and subject to review and approval by Frederick County and VDOT. ( "A" to "B" on the GDP). 14.2.5 The Applicant shall perform design studies and secure approval of a ramp modification plan for the I -81 NBL off ramp and the I -81 NBL on ramp in order to meet LOS "C" conditions in accordance with the TIA. VDOT and FHWA approvals and funding for the required improvements shall be secured to perform the work plan as approved prior to the issuance of the first building permit in Phase 1. ( "D" and "E" as shown on the GDP). 14.2.6 Full left and right turn commercial entrances to Warrior Drive shall be limited to one location approximately midway between "M" and "K ". 14.2.7 Full left and right turn commercial entrances to Tasker Road shall Page 7 of 12 Crosspointe Center Proffer Statement be limited to four with two allowed between "F" and "G" and one each allowed at "IT" and "J ". 14.3. Road entrances to Crosspointe Boulevard shall be limited to two entrances at "G" and at "M" as shown on the GDP. No other entrance or road connections to Crosspointe Boulevard shall be allowed without the express approval of Frederick County and VDOT. The following traffic improvements shall be designed and constructed during Phase II and shall be completed prior to issuance of the first occupancy permit in Phase 11, unless noted otherwise herein. The exact location and design of such improvements shall be in substantial conformance with the GDP but subject to reasonable adjustment upon final engineering thereof. 14.3.1 The Applicant shall design and construct Tasker Road extended to Warrior Drive. ( "J" to "K" on the GDP). 14.3.2 The Applicant shall design and construct Warrior Drive from Crosspointe Boulevard to the north limits of the development. ( "L" to "K" to "M" on the GDP). 14.3.3 The Applicant shall design and construct a two -lane extension of Crosspointe Boulevard to Warrior Drive. ( "G" to "M" on the GDP). 14.4. The following traffic improvements shall be designed and constructed during Phase III and shall be completed prior to issuance of the first occupancy permit in Phase III, unless otherwise noted herein. The exact location and design of such improvements shall be subject to reasonable adjustment upon final engineering thereof: 14.4.1 The Applicant shall design and construct Warrior Drive from Crosspointe Boulevard to the south property boundary. ( "M" to "N" on the GDP). 14.4.2 The Applicant shall design and construct two additional lanes to Crosspointe Boulevard from the intersection with Tasker Road to Warrior Drive. ( "G" to "M" on the GDP). 14.4.3 The Applicant shall design and construct a four lane, divided roadway from Warrior Drive to the east limits of the development. ( "M" to "O" on the GDP). 14.4.4 No construction permits for commercial or residential uses in Phase III shall be applied for until one of the three following conditions exist: 1. Warrior Drive is extended from the south across offsite properties to intersect with Tasker Road (S.R. 642) (at "N ") or Page 8 of 12 Crosspointe Center Proffer Statement with links provided to U.S. Route 522. (At "O"). 2. Warrior Drive is extended from the north across offsite properties to intersection with Paper Mill Road (S.R. 644). (At "L" 3. A revised Transportation Impact Analysis is prepared, reviewed and approved by Frederick County and VDOT, which provides justification for Phase III transportation impacts. 14.5. The Applicant understands that the route of Crosspointe Boulevard may be used for an improved arterial road location in the future. The Applicant shall plan for a 220' wide corridor with additional right of way to allow for interchanges at the intersections of I -81 and Warrior Drive. The limits of the additional right of way shall be determined at the time of Master Plan approval. The area outside of the 90' to 110' right of way required for Crosspointe Boulevard shall be planned as open space, and in the event such a program is funded to provide for an upgraded roadway with a full transportation intersection at Warrior Drive, such right of way shall be dedicated at no cost to the County. (E" to "G" to "M" to "O" on the GDP). 15. CULTURAL RESOURCES INVESTIGATION AND PRESERVATION 15.1. The Applicant shall preserve Hilandale House for such uses as may be deemed appropriate by the Applicant. The Applicant shall further create a five -acre preservation park immediately surrounding the House, as generally depicted on the GDP. 15.2. The Applicant shall create a ten -acre preservation park immediately surrounding the encampment area associated with Camp Russell, as generally depicted on the GDP. 15.3. The Applicant shall create a two -acre preservation park surrounding the Carysbrook Redoubt area, as generally depicted on the GDP. 15.4. Prior to the commencement of any land disturbing activities on the Property, the Applicant shall perform a Phase I Archeological Study for investigation of those portions of the development outside the development area previously studied in the Route 37 Final Environmental Impact Statement/Section 4(f) Evaluation (the "FEIS "). In the event that the Phase I study indicates that further study is required, then the Applicant shall take such further preservation studies as may be indicated. 15.5. If the Applicant constructs the extension of Warrior Road in the alignment contemplated by and studied in the FEIS, the Applicant will coordinate that construction with the Federal Highway Administration ( "FHA "), the Virginia State Historic Preservation Officer ( "SHPO "), VDOT, and Page 9 of 12 Crosspointe Center Proffer Statement Frederick County, to assure implementation of the Memorandum of Agreement previously entered into between the County, the FHA and the State Historic Preservation Officer pursuant to 36 CFR § 800.6(a). 15.6. Any additional archeological features identified during the Phase I study will be evaluated in accordance with VDHR guidelines, and in the event that a National Register - eligible site is identified, the Applicant will work with VDHR and the County to mitigate any adverse effects that may result from the proposed development. 16. DEDICATION OF AREA FOR GOVERNMENT SERVICES 16.1. At such time as the Board intends to construct a facility as provided herein, the Applicant shall dedicate to the Frederick County Board of Supervisors, or such entity as the Board may direct approximately nine acres of land in a location agreeable to the Board and the Applicant for the placement of govermnent services, for satellite offices including a public safety building, and any other governmental services as the Board may direct, provided, however that this shall not permit construction of a motor pool maintenance facility or impoundment yard or similar uses. The dedication shall occur within thirty (30) days of the Board's written request to the Applicant. Any such facility shall be compatible with the design of the Project as otherwise provided in Proffer 2.1 herein. 16.2. The dedication provided for herein shall be made within three years from the date of approval of the rezoning as applied for, provided that the Board upon its written request shall be granted two additional years within which to request such dedication. In the event that dedication or extension is not requested within the time here provided, the Applicant shall pay to the County the sum of $200,000.00 in lieu of such dedication or extension within sixty days of the expiration of the applicable period. 17. ESCALATOR CLAUSE 17.1. In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors ( "Board ") within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ( "CPI -U ") published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPI -U from that date 24 months after the approval of this rezoning to the most recently available CPI -U to the date the contributions are paid, subject to a cap of 6% per year, non - compounded. Page 10 of 12 Crosspointe Center Proffer Statement SIGNATURES APPEAR ON FOLLOWING PAGES Page 1 ] of 12 Crosspointe Center Proffer Statement GLAIZE DEVELOPMENTS, INC. By: Title: c.4%_l, COMMONWEALTH OF VIRGINIA; CITY /� OF : to -wit The foregoing instrument was acknowledged before me this day of anu G�LT 2004, by V <(c3 7 � Notary Public My Commission expires: IV�A � ©'-� J: \43\ 4346\ REZONING \REZONING \PROFFERS\Profrer 0123.doc Page 12 of 12 TO PAPER (FUTURE) MILL ROAD I I � � RESIDENT IAL-RP ENTII Ty \ IAL -RP (Mixed Usa i_ _ � Use), wsei � R S IDFNITIAIf^'r2P � ( G oF S lop L REDC\IAL , ALS -2 BF Srral Lot) *Y COM —I rl r f. (Rc 1 MERCIAL B - �1 ' t� It `t" (Retail) � (Rect 77 ' COMMERCIAL c ryq : ° (InstltutlonallRete I) a �\ - ' - } COMMERCIAL 6-2 07 (Retail) ate, '1°f PGPES t _ 4LA , EXTENSION 60 � � S"ENTIAL T� L7 r' F y TE f AIXE'd Use) I� tonal L uIAL a -z LU I )� J TO. WARRIOR ROAD II f RESIDENTIAL 1 (Single Family) RE SIDEn D (Retail; A (cm9legLaL_) -CRO S SP0INTE■ FREDLRICK COUNTY. 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