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BEFORE THE CITY COUNCIL OF THE CITY OF CHARLOTTESVILLE • VIRGINIA IN RE: PETITION FOR REZONING (City Application No. ZM-07-08-20) STATEMENT OF FINAL PROFFER CONDITIONS For the Ridge/Mclntire/West Main Street Rezoning Dated as of August 20, 2007 • • TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF CHARLOTTESVILLE: The undersigned individual is the owner of land subject to the above -referenced rezoning petition located on Tax Map 32 Parcels 197,198, 199 (Subject Property). The Owner/Applicant seeks to amend the current zoning of the property subject to certain voluntary development conditions set forth below. In connection with this rezoning application, the Owner/Applicant seeks approval of a Rezoning as set forth within a Development Plan Dated August 1, 2007. The Owner/Applicant hereby proffers and agrees that if the Subject Property is rezoned as requested, the rezoning will be subject to, and the Owner will abide by, the approved Development Plan as well as the following conditions: 1. All Streetscape and sidewalk improvements will be constructed in conformity with and include design criteria detailed in the "Open Space Concept & Strcetscape Schematics" dated November, 2004 and adopted by City Council. All costs of said improvements will be borne by the Applicant. Said improvements shall be required to be completed prior to the issuance of the first Certificate of Occupancy. 2. Applicant will proffer $300,000 to be paid to the Charlottesville Redevelopment and Housing Authority to be used for the redevelopment of the Westhaven Housing Complex or other CRHA housing sites. Said proffer will be funded on or before first Certificate of Occupancy for the development. Said proffer will be refunded to the offerer if, after 5 years, the proffer has not been expended. 3. During the course of the site plan approval process the applicant will include in its traffic study an analysis of the pedestrian needs at the Ridge/McIntire intersection. Special attention will be paid to pedestrian connection to the Downtown Mall. WHEREFORE the undersigned Owner(s) stipulate and agree that the use and development of the Subject Property shall be in conformance with the conditions hereinabove, and requests that the Subject Property be rezoned as requested, in accordance with the Zoning Ordinance of the City of Charlottesville, Respectfully submitted this 21st day of August 2007. By: s/ Robert P Englander s! Robert Mooney Robert P. Englander, Purchaser Robert Mooney, Seller