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BEFORE THE CITY COUNSEL OF THE CITY OF CHARLOTTESVILLE, VIRGINIA • IN RE PETITION FOR RE -ZONING (CITY APPLICATION NO. ZM- 04-7-14) FROM RIS TO PLANNED UNIT DEVELOPMENT (PUD) STATEMENT OF FINAL PROFFER CONDITIONS DATED OCTOBER 18, 2004 TO THE HONORABLE MAYOR, MEMBERS OF THE COUNCIL OF THE CITY OF CHARLOTTESVILLE, CHAIR AND MEMBERS OF THE PLANNING COMMISSION OF THE CITY OF CHARLOTTESVILLE: The undersigned individual is the contract purchaser of land subject to the above - referenced rezoning petition ("Subject Property"). The applicant seeks to amend the current zoning from RI S to PUD, subject to certain conditions set forth below, for the purpose of creating an appropriate housing development with appropriate densities within the city, in a manner that will be compatible with the existing uses adjoining the subject property, city policy initiatives for creating a mix of market rate and affordable housing, and city policy initiatives designed to maintain green space in and around the city. In connection with this rezoning application, the applicant seeks approval of the PUD Development Plan as shown on its concept drawings of June 24, 2004. • The applicant hereby proffers and agrees that if the subject property is rezoned as requested, the applicant will abide by the approved PUD Development Plan as well as the following conditions: 1. CONSTRUCTION OF BRIDGE OR ACCESS ACROSS MOORE'S CREEK. The applicant shall cooperate with the Rivanna Trails Foundation, and/or the City of Charlottesville or its designee, to plan, design, and construct a means by which pedestrians may be able to cross Moore's Creek. The crossing shall be consistent with maintaining the flow of the creek so as to avoid flooding in and around. the park that is shown on the Development Plan. The applicant shall not be responsible for the actual planning design and construction of the crossing, but it shall instead donate the sum of $2,000 to the City or the City's designee to be responsible for the planning, design, and building of the crossing, so long as said crossing is constructed in the Citv's right of way on the unopened portion of Rialto Avenue. The applicant shall not have any responsibility to maintain the crossing and/or any easements that might be created for this purpose, and any letter agreements that are entered into between the applicant and the City and/or the Rivanna Trails Foundation shall include a similar statement as to applicant's lack of maintenance responsibility., Any said easements or letter agreements shall include language holding the applicant harmless for any injury to pedestrians arising from use of the crossing. The applicant shall be relieved of this obligation, financial or otherwise, to assist in the creation of the crossing in the event that it has not been established within three years of the date of the final PUD approval. 0