HomeMy WebLinkAboutWPO201800031 Easements 2005-10-12T C
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Instrument Control Number
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Commonwealth of Virginia
Land Record Instruments
Cover Sheet - Form A
[ILS VLR Cover Sheet Agent 1.0.661
Date of Instrument:
[9/1/2005 ]
Instrument Type:
[DEC ]
Number of parcels
Number of Pages
j 451
018945
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Doc ID: 001152759046 Type: DEE
Recorded: 10/12/2005 at 10:15:29 AM
Fee Amt: $56.00 page 1 of 46
Albemarle County, VA
Shelbv Marshall Clerk Circuit Court
File# 2005-00018945
81<3085PG361-406
City ❑ County LO [Albemarle County } (Box for Deed Stamp Only)
First and Second Grantors
Last Name First Name Middle Name or Initial Suffix
[HURT TR ](CHARLES } [WM ] [ ]
[FISHER TR ] [SHIRLEY 11L ] [ ]
First and Second Grantees
Last Name First Name Middle Name or Initial Suffix
[NA ] [NA } [ ] [ }
[ 1E }E }E ]
Grantee Address (Name) [NA
(Address 1) [NA
(Address 2) [NA
(City, State, Zip) [NA ] [VA } [NA
Consideration [0.00 } Existing Debt [0.00 } Assumption Balance [0.00
Prior Instr. Recorded at: City ❑ County ❑ [ ] Percent. in this .auris. [ 1001
Book [ ] Page
Parcel Identification No (PIN)
Tax Map Num. (if different than PIN)
Short Property Description
Current Property Address (Address 1)
(Address 2)
(City, State, Zip)
Instrument Prepared by
Recording Paid for by
Return Recording to (Name)
(Address 1)
(Address 2)
(City, State, Zip)
Customer Case ID
Cover Sheet Page # 1 of 2
[ ] Instr. No [ }
[03200-00-00-041 DO }
[same }
[Hol)ymead Town Center - 28.60 acres on Timberwood Blvd plus }
[Route 29 North ]
[ }
[Charlottesville ] [VA } [22911 }
[McCallum & Kudravetz PC
[McCallum & Kudravetz PC
[McCallum & Kudravetz PC
[250 E High Street
[
[Charlottesville ] (VA 1122902
[02000.1433 } (02000.1501 ] [
Instrument Control Number
Commonwealth of Virginia
Land Record Instruments
Continuation Cover Sheet
Form B
[ILS VLR Cover Sheet Agent 1.0.56)
F n n bate of Instrument: [91112005
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Last Name First Name Middle Name or Initial Suffix
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Prior Instr. Recorded at: City ❑ County ❑ [
Book [ } Page [
Parcel Identification No (PIN) [
Tax Map Neem. (if different than PIN) [
Short Property Description [
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Current Property Address (Address 1) [
(Address 2) [
(City, State, Zip) [
Cover Sleet Page # 2 of 2
] Percent, in this Juris.
Instr. No [
TMP 03200-00-00-041 D0
Prepared By: McCALLUM & KUDRAVETZ, P.C.
250 East High Street
Charlottesville, VA 22902
(434) 293-8191
THIS DECLARATION ("Declaration") is made and entered into this 1st day of
September, 2005, by CHARLES WM. HURT and SHIRLEY L. FISHER, AS TRUSTEES OF
THE POST OFFICE LAND TRUST under land trust agreement dated October 27, 1997
("Declarant"), and FIRST COMMUNITY BANK, N.A. (the 'Bank") and C. WILLIAM DAVIS,
as trustee (the "Trustee").
WITNESSETH:
WHEREAS, Declarant is the owner of those certain contiguous tracts or parcels of land
more particularly described on Exhibit A attached hereto (the "Property"); and
WHEREAS, Declarant intends to develop the land within the Property as integral parts of
a mixed use development (the "Development"), containing both commercial and residential uses,
in accordance with the Code of Development (ZMA 2001-020 Area C) (together with the
Proffers, the Application Plans and all other exhibits and attachments, as amended, "the Master
Plan") for the Property on file in the offices of County of Albemarle, Virginia (the "County"),
which Master Plan has been duly approved by the County; and
WHEREAS, the Master Plan on file with the County presently envisions the division of
the Development into nine separate tracts or blocks of land ("Blocks") as generally depicted on
the attached Exhibit B; and
WHEREAS, in order to provide for the orderly use, operation, and development of the
Property and the Development, the Declarant desires to subject the Property to certain covenants,
restrictions, easements, conditions, reservations, liens and charges to which the Property shall
henceforth be subject, each and all of which is and are for the benefit of the Property, and any
lots or parcels to be hereafter created therefrom, and the Owners thereof, all as more particularly
set forth herein and in the Governing Documents; and
WHEREAS, the Bank and the Trustee, as the Lender and the Trustee, respectively, under
that certain Credit Line Deed of Trust dated February 9, 2005, recorded in the Clerk's Office of
the Circuit Court of Albemarle County, Virginia (the "Clerk's Office"), in Deed Book 2918, Page
266, join herein to evidence their consent to this Declaration and the matters contained herein.
NOW, THEREFORE, in consideration of the premises, the Declarant hereby declares
that henceforth the Property is and shall be held, transferred, sold, conveyed, encumbered,
developed, and occupied subject to (i) the applicable covenants, restrictions, easements,
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conditions, reservations, liens and charges henceforth set forth, and any valid amendments or
supplements hereto, which are imposed for the purpose of protecting the value and desirability of
the Property and to provide for the orderly development and use of the Property and any parcels
or lots created therefrom hereafter and consistent with the Code of Development, and (ii) the
other Governing Documents. The provisions herein set forth shall run with the land and shall be
binding upon any and all parties who have or shall acquire any right, title and/or interest in all or
any part of the Property subject to this Declaration, and shall inure to the benefit of each Owner
thereof, all as more particularly set forth herein.
ARTICLE I
DEFINITIONS
The following terms, when used in this Declaration, shall have the following meanings:
Section 1.01 "Agencies" shall collectively mean the Government National Mortgage
Association (GNMA), the Federal Home Loan Mortgage Corporation (FHLMC), the Federal
National Mortgage Association (FNMA), the Department of Housing and Urban Development
including the Federal Housing Administration (HUD), the Veterans Administration (VA) or any
other governmental or quasi -governmental agency or any other public, quasi -public or private
entity which performs (or may in the future perform) functions similar to those currently
performed by any of such entities.
Section 1.02 "Approved Site plan" shall mean and refer to a site plan for the
development of a Parcel which has been approved by the applicable Governmental Authorities.
Section 1.03 "Architectural Control Board" or "ACB" shall mean and refer to the board
established in Article VII below for the purposes of controlling and regulating the development
and the external design, appearance, landscaping, grading and use of the Parcels and the
structures and improvements thereon.
Section 1.04 "Assessments" shall mean and refer to any assessments or charges,
including but not limited to annual assessments, special assessments, reimbursement charges,
special purpose charges, and other charges or expenses of any kind, assessed by the Association
and charged to Owners of Parcels as set forth in the Governing Documents. Fees, charges, late
charges, attorneys' fees, fines and interest charged pursuant to this Declaration shall be
enforceable as Assessments under this Declaration.
Section 1.05 "Association" shall mean and refer to the "Hollymead Area C Owners
Association, Inc.", a Virginia non-profit nonstock corporation incorporated under the laws of the
Commonwealth of Virginia, its successors and assigns, as further described in Article XI below.
Section 1.06 "Block" shall mean and refer to any of those nine (9) separate tracts or
blocks of land as described or set forth on the Master Plan for the Property on file with the
County of Albemarle, Virginia, and as generally described on Exhibit B attached hereto,
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Section 1.07 "Block Cl Lots" shall mean and refer to lots A, B and C as shown on the
Block C1 Plat or as may be further subdivided.
Section 1.08 "Block C1 Plat" shall mean and refer to that certain "Plat Showing
Subdivision of Tax Map 32, Parcel 41D Hoilymead Town Center Block Cl and Boundary
Adjustment for TMP 32-41D1, The Tiki Property Rivanna District, Albemarle County, Virginia"
last revised January 17, 2005 consisting of 4 sheets prepared by Rivanna Engineering &
Surveying, PLC of record in the Clerk's Office in Deed Book 2916, at page 22.
Section 1.09 "Building Areas" shall mean and refer to any building areas on a Parcel as
designated or shown on the Master Plan on file with the County or on any Approved Site Plan.
One or more buildings may be located within a Building Area. In the event of any conflict
between Building Areas as designated or shown on an Approved Site Plan and Building Areas as
shown on the Master Plan, those designated or shown on the Approved Site Plan shall control.
Section 1.10 "Code of Development" shall mean that certain document entitled Code of
Development (ZMA 2001-020 Area C) as approved by the County of Albemarle, Virginia on
August 6, 2003.
Section 1.11 "Common Area" shall mean any of those tracts or portions of the Property
which the Declarant causes to be dedicated or deeded to the Association for the common use or
benefit of the Association and/or the Owners, including but not limited to, Open Space 1 as
shown on the Block C1 Plat; provided Declarant shall have no right to dedicate any portion of
the Block C1 Lots for, and no portion of said Block C1 Lots shall be deemed to be, Common
Area for purposes of this Declaration.
Section 1.12 "Constant Dollars" shall mean the value of the U.S. dollar to which such
phrase refers, as adjusted from time to time. An adjustment shall occur on the 1st day of July of
the fifth (5th) full calendar year following the date of this Declaration, and thereafter at five (5)
year intervals. Constant Dollars shall be determined by multiplying the dollar amount to be
adjusted by a fraction, the numerator of which is the Current Index Number and the denominator
of which is the Base Index Number. The "Base Index Number" shall be the level of the Index
for the month closest to the date of this Declaration; the "Current Index Number" shall be the
level of the Index for the month such Index is published closest and prior to the date of
adjustment, The "Index" shall be the Consumer Price Index for All Urban Consumers, published
by the Bureau of Labor Statistics of the United States Department of Labor for U.S. City
Average, All Items (1482-84=100), or any successor index thereto as hereinafter provided. If
publication of the Index is discontinued, or if the basis of calculating the Index is materially
changed, then the Association shall substitute for the Index comparable statistics as computed by
an agency of the United States Government or, if none, by a substantial and responsible
periodical or publication of recognized authority most closely approximating the result which
would have been achieved by the Index.
Section 1.13 "Declarant" shall mean and refer to Charles Wm. Hurt and Shirley L.
Fisher, solely in their capacity as trustees and not personally, as Trustees of the Post Office Land
Trust under a land trust agreement dated October 27, 1997, and any assignee of them as
Declarant with regard to the Property.
Section 1.14 "Declaration" shall mean and refer to this document and to the covenants,
restrictions, easements, conditions, reservations, liens and charges and all other provisions herein
set forth in this entire document, as same may from time to time be amended or supplemented
provided that no amendment or supplement of the Declaration or any of the Governing
Documents affecting the Block C I Lots or the Owners of any Parcels comprising the same shall
be made or effective without the written consent of the Owners of the Block C1 Lots and the
Parcels comprising the same which are affected thereby.
Section I.15 "Floor Area" shall mean the aggregate of the actual number of square feet
of space contained on each floor within a Building for which Albemarle County has issued a
certificate of occupancy (either temporary or permanent), including any mezzanine space, as
measured from the exterior faces of the exterior walls or store front and/or the center line of any
common walls; provided, however, that those areas to be excluded from Floor Area as set forth
in the Rules and Regulations shall not be included in such calculation.
Section 1.16 "Governing Documents" shall mean this Declaration, the Rules and
Regulations, the Association's Articles of Incorporation and bylaws, the Proffers, and the written
approvals and non -approvals of the ACB as the same may be amended, modified, or
supplemented from time to time subject to the provisions of Section 1.14 above.
Section. 1.17 "Governmental Authorities" shall mean and refer to any federal, state,
county, city or local governmental or quasi -governmental authority, entity or body (or any
department or agency thereof) exercising jurisdiction over a particular subject matter, including,
without limitation, the Albemarle County Architectural Review Board (the "ARB").
Section 1,18 "Governmental Requirements" shall mean and refer to all applicable laws,
statutes, ordinances, codes, rules, regulations, orders, and judicial decisions or decrees, as
presently existing and hereafter amended, of any Governmental Authorities, including, without
limitation, the Master Plan on file with the County.
Section 1.19 "Master Plan" shall mean and refer to the Code of Development (ZMA
2001-020, Area C), the Proffers, together with the Application Plan and all maps, tables, and
other exhibits and attachments on file with the County of Albemarle, Virginia and which are
applicable to the Property, as the same may be amended, supplemented, or modified from time to
time.
Section 1.20 "Notice and Hearing" shall mean a written notice and a public hearing
before the Board of Directors of the Association or a tribunal appointed by the Board with such
notice to be given in the manner provided in the Bylaws.
Section 1.21 "Occupant" shall mean an Owner or tenant of a Building who is in actual
possession of a Building or portion thereof.
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Section 1.22 "Owner" shall mean and refer to the record owner, whether one or more
persons or entities, including the Declarant, of the fee simple title to any Parcel, including
contract sellers, but excluding those having such interest merely as security for the performance
of an obligation,
Section 1.23 "Parcel" shall mean and refer to any existing tract or parcel of land
comprising the Property, and any tract or parcel which is hereafter subdivided or created from
the Property or any Parcel, as reflected on plats or other instruments recorded in the Clerk's
Office.
Section 1.24 "Parking Area" shall mean those areas on a Parcel, other than Building
Areas, which are developed and improved for parking purposes, including any driveways,
entrances, and landscaping associated therewith, as more particularly shown on an Approved Site
Plan.
Section 1.25 "Period of Declarant Control" shall mean a length of time extending until
such time as the Declarant no longer owns any Parcel in the Development other than Parcels
upon which Declarant has erected Buildings.
Section 1.26 "Permittee" shall mean any occupant, tenant, subtenant, employee, agent,
contractor, customer, supplier, vendor, invitee, licensee, or concessionaire entitled to use,
occupy, or access any Building or portion thereof on any Parcel in the Development.
Section 1.27 "Proffers" shall mean those certain proffers made to Albemarle County,
Virginia, as set forth in Exhibit C annexed to this Declaration.
Section 1.28 "Property Manager" shall mean such party, if any, designated from time to
time by the Association to maintain and operate the Parking Areas and/or Common Area of the
Development (other than on the Block Cl Lots). The party designated as Property Manager shall
serve in such capacity until its agreement with the Association is terminated. During any period
a Property Manager is not designated and active, each Owner shall maintain and operate its own
Parcel (including any Parking Areas and/or Common Areas thereon) pursuant to Article 10.01
hereof.
Section 1.29 Residential Tracts" shall mean and refer to those tracts within the Property
intended for development for exclusively residential purposes.
Section 1.30 "Roads" shall mean and refer to Timberwood Boulevard, Conner Drive,
Meeting Street, and Abington Drive as shown and described on the plats or plans referenced in
Section 2.02 hereof.
Section 1.31 "Rules and Regulations" shall mean those certain rules and regulations
which have been adopted by the Association to assist in the implementation of this Declaration
and the development, use, and operation of the Property as the same may be amended, modified,
or supplemented from time to time.
Section 1.32 "Supplementary Declaration" shall mean and refer to any declaration
which may be executed and recorded by the Declarant, its successors or assigns, which extends
the provisions of this Declaration to additional real property and/or which contains such
complementary or modifying provisions as are not inconsistent with the concept of this
Declaration; provided any Supplementary Declaration affecting the Block Cl Lots or any Parcels
comprising the same shall only be made and effective with the written consent of the Owner of
the Block C1 Lots and the Parcels affected thereby.
Section 1.33 "Townhouse Lot" shall mean and refer to any plot of land designated as a
lot upon any recorded plat of any Block or Parcel or portion thereof intended for residential
development as townhouses or townhomes, including a condominium unit (vertical
condominium unit or otherwise) under a condominium regime,
Section 1.34 "Utility Lines" shall mean and refer to those facilities and systems for the
transmission of utility services, including the drainage and storage of surface water. "Common
Utility Lines" shall mean those Utility Lines which are installed to provide the applicable service
to two or more Parcels. "Separate Utility Lines" shall mean those Utility Lines which are
installed to provide the applicable service to a single Parcel. The portion of a Utility Line
extending between a Common Utility Line and a Building shall be considered a Separate Utility
Line.
ARTICLE 11
EASEMENTS
Section 2.01 The Declarant hereby establishes for the benefit of all of the Parcels, and
their respective Owners, occupants and Permittees, in common with others entitled to use the
same, permanent, reciprocal and non-exclusive licenses and casements for the purpose of
passage and parking of vehicles over and across the parking and driveway areas of each Parcel,
as the same may from time to time be constructed and maintained for such use, and for the
passage and accommodation of pedestrians over and across the parking, driveways and sidewalk
areas of each Parcel, as the same may from time to time be constructed and maintained for such
use. The easements herein established shall be appurtenant to and for the benefit of each Parcel,
and shall be binding on, enforceable against and burden each Parcel. Such easement rights shall
be subject to the following reservation as well as the other applicable provisions contained in this
Declaration: each Owner reserves the right to temporarily erect or place barricades in and around
areas on its Parcel which are being constructed and/or repaired in order to insure either safety of
persons or protection of property.
Section 2.02 In addition to the general easement specified in Section 2.01, the
Declarant hereby establishes for the use of all Owners, in common with others entitled to use the
same, a non-exclusive, perpetual easement (or until publicly dedicated to and accepted by any
Governmental Authorities, if sooner) for the passage and accommodation of pedestrians and
vehicles (but not for parking purposes unless parallel parking is made available by Declarant in
accordance with the Master Plan or any Approved Site Plan) upon, over and across that portion
of the Property designated as access roads on the Master Plan (provided no access roads
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contained wholly within the areas of the Block C1 Lots shall be designated as access roads for
purposes of this Section 2.02), including the Roads (collectively, the "Access Drives"), The
Access Drives shall be at least approximately twenty-four (24) feet wide (curb to curb) and
contain at least two (2) lanes, one in each direction. The easements herein established shall be
appurtenant to and for the benefit of each Parcel, and shall be binding on, enforceable against
and burden each Parcel. During the term of this Declaration (to the extent any such Access
Drives shall not be publicly dedicated and accepted by any Governmental Authorities), each
portion of the Access Drives shall be maintained in accordance with the provisions governing the
maintenance of the parking and driveways on each Parcel, and such Access Drives shall not be
relocated without the approval of the ACB. Until such time as any of the Access Drives are
publicly_ dedicated_ and. accepted by the Governmental Authorities, the Access Drives require
private maintenance, and _cost of repair, maintenance, upkeep,_ improvement, _or replacement
(herein, "maintenance") of the Access Drives and any roads located therein will not be borne by
the County of Albemarle or any public agency, but rather shall be the „sole responsibility, of the
Association with the costs of maintenance to be allocated as Common Area Maintenance Costs
as furtherj2rovided herein. In the event this Declaration is terminated at a future date, any Owner
may, at its expense, relocate the portion of the Access Drives located upon its Parcel (to the
extent any such Access Drives shall not be publicly dedicated and accepted by any
Governmental Authorities) so long as the relocated portion remains reasonably direct and ties
into or connects with the other portions of the Access Drives on the immediately adjacent Parcels
to which such Access Drive is initially connected. Notice of such relocation shall be provided to
each affected Owner at least thirty (30) days prior to relocation of such Access Drives.
Section 2.03 The Declarant hereby establishes non-exclusive, perpetual easements (or
until replaced with easements dedicated to public Utilities Lines, if sooner) in, to, over, under,
along and across Chose portions of the Parcels (exclusive of any portion located within Building
Areas) necessary for the installation, operation, flow, passage, use, maintenance, connection,
repair, relocation, and removal of Utility Lines serving any other Parcel; provided no new Utility
Lines, other than those constructed pursuant to easements previously created and of record prior
to the date of this Declaration, shall be constructed in, under or over the Block CI Lots except (i)
such Utility Lincs exclusively serving the Parcel on which such Utility Lines are constructed, or
(ii) such Utility Lines that serve more than one of the Parcels comprising the Block C1 Lots and
as are approved by the owner(s) of said Parcels so being served. The initial location of any
Utility Line shall be subject to the prior written approval of the ACB. Such easement area shall
be no wider than necessary to reasonably satisfy the requirements of a private or public utility
company, or ten (10) feet on each side of the centerline if the easement is granted to another
Owner. The Benefitted Parcel Owner shall provide to the Burdened Parcel Owner a copy of an
as -built survey showing the location of such Utility Line. All Utility Lines shall be underground
except: (a) ground mounted electrical transformers; (b) as may be necessary during periods of
construction, reconstruction, repair or temporary service; (c) as may be required by
Governmental Authorities; (d) as may be required by the provider of such utility service; and (e)
fire hydrants,
Section 2.04 Each Parcel shall have the perpetual right and easement to discharge
surface storm water drainage and/or runoff from its Parcel over, upon and across the Parking
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Area and any other area of the adjacent Parcels, other than Building Areas, upon the following
conditions and terms: (a) the grades and the surface water drainage/retention system for each
Parcel shall be initially constructed in strict conformance with the plans and specifications
approved by the ACB and in accordance with the Approved Site Plan; and (b) no Owner shall
alter or permit to be altered the surface of its Parcel or the drainage/retention system constructed
on its Parcel if such alteration would materially increase the flow of surface water onto an
adjacent Parcel either in the aggregate or by directing the flow of surface water to a limited area,
All surface water collection, retention and distribution facilities shall be deemed a Common
Utility Line.
Section 2.05 Work by an Owner with respect to relocation of a Utility Line on its
Parcel, other than Utility Lines exclusively serving such Parcel, shall only be done provided such
relocation: (a) shall not interfere with or diminish the utility service to the other Parcel Owners;
and if an electrical line/computer line is being relocated, then the respective Owners shall
coordinate such interruption to eliminate any detrimental effects; (b) shall not reduce or
unreasonably impair the usefulness or function of such Utility Line; (c) shall be completed using
materials and design standards which equal or exceed those originally used and which comply
with all Governmental Requirements; and (d) shall have been approved by the provider of such
utility service and the appropriate Governmental Authorities to the extent required.
Documentation of the relocated easement area, including the furnishing of an "as -built" survey to
all Burdened Parcel Owners, shall be at the Benefitted Parcel Owner's expense and shall be
accomplished as soon as possible following completion of such relocation.
Section 2.06 Except as otherwise approved by the ACB and except with respect to the
Parcels comprising the Block Cl Lots, in order to accommodate any Building improvements
which may inadvertently be constructed beyond a Parcel's boundary line, each Parcel shall have
an easement over an adjacent Parcel, not to exceed a maximum lateral distance of twelve (12)
inches, in, to, over, under, and across that portion of the Burdened Parcel adjacent to such
common boundary line for the maintenance and replacement of such encroaching Building
improvements.
Section 2.07 In the event a constructing Owner (the "Constructing Party") determines
that it is necessary to place underground piers, footings and/or foundations ("Subsurface
Construction Elements") across the boundary line of its Parcel, the Constructing Party shall
advise the Owner of the adjacent Parcel (the "Adjacent Party") of the Constructing Party's
construction requirements and shall comply with the applicable Rules and Regulations, The
foregoing provisions of Sections 2.06 and 2.07 hereof shall not apply to the Parcels comprising
the Block C1 Lots or to the Owner(s) thereof.
Section 2.08 The easements established under Sections 2.06 and 2.07 shall be
appurtenant to and for the benefit of each applicable Benefitted Parcel, and shall be binding on,
enforceable against and burden each applicable Burdened Parcel. Notwithstanding such
easement, nothing herein shall diminish or waive the right of a Burdened Parcel Owner to
recover damages resulting from the failure of a Benefitted Parcel Owner to construct its Building
within its Parcel in the case of Section 2.06, or within the easement area limits in the case of
Section 2.07.
Section 2.09 With respect to Buildings constructed along the common boundary line
between Parcels, nothing herein shall be deemed to create or establish the right for a Building to
receive support from or apply pressure to the adjacent Building.
ARTICLE III
STORMWATER AND SURFACE WATER DRAINAGE
Section 3.01 The Property will be served by two stormwater management detention
facilities, which Declarant has previously caused to be constructed, as follows:
(a) a stormwater management facility located on a portion of the Property on
the southern side of Timberwood Boulevard near its intersection with U.S. Highway 29, as more
particularly described in that certain Deed of Easement dated January 23, 2004, recorded in Deed
Book 2678, Page 389 in said Clerk's Office ("Storinwater Management Facility #1 "); and
(b) a stormwater management facility located on a portion of that certain
adjacent land (County TMP 32-46) now or formerly owned by Birckhead, LLC, as more
particularly described in that certain Deed of Easement dated January 12, 2005, recorded in Deed
Book 2905, Page 735 in said Clerk's Office ("Stormwater Management Facility 42").
Generally, that portion of the Property located on the eastern side of Meeting Street (those tracts
generally described as Blocks I, II, VII, VIII, and IX on the Master Plan) will be served by
Stormwater Management Facility #1, and that portion of the Property located on the western side
of Meeting Street (generally described as Blocks III, IV, V, and VI on the Master Plan) will be
served by Stormwater Management Facility 42.
Section 3.02 The Declarant hereby establishes permanent, reciprocal and non-exclusive
easements (including the easements referenced in Section 3.01(a) and (b), collectively the
"Stormwater Management Easements") in favor of each of the Parcels on, under and through the
Parcels in locations other than Building Areas and otherwise in locations approved by the ACB
to adequately service each of the Parcels, for the use of all present and future stormwater
drainage and retention facilities located or to be located on the Property, including as necessary
for drainage to Stormwater Management Facility 41 and Stormwater Management Facility #2
(all such facilities, including Stormwater Management Facility 41 and Stormwater Management
Facility #2 and any structures, landscaping, and pathways associated therewith, collectively the
"Stormwater Management Facilities"); provided no casements hereunder, other than those
previously created and of record as of the date of this Declaration, shall be created on, ander,
over or across the Block C1 Lots, without the consent in writing by the Owner(s) of the Parcel(s)
to be burdened by such easements.
Section 3.03 In any instance where future installation, construction, maintenance, repair
or alteration of the Stormwater Management Facilities is required by a governmental entity, the
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Association shall engage a contractor to perform all of such work and the Parcel Owners who
benefit from such construction shall be responsible for the cost of such installation and repair and
shall pay for such work on a pro -rata basis as determined by the Board of Directors. Such
recovery may be enforced as an assessment and will be a lien upon such Parcel and may be
enforced in the same manner as an Assessment.
Section 3.04 Exclusive of and in addition to the easements granted in Sections 3.02 and
3.03, the Declarant hereby establishes permanent, reciprocal and non-exclusive casements for the
benefit of each of the Parcels onto and across the Property and each of the Parcels for surface
floodwater and stormwater drainage, including drainage into facilities currently existing and/or
to be built on, under or upon any part of the Property or any of the Parcels; provided, however,
that no party will unreasonably interfere with any then existing buildings or proposed buildings
on any Parcel as generally described on the Master Plan or on any Approved Site Plan, or
unreasonably interfere with business operations thereon, and the party exercising the easement
rights hereunder shall promptly repair any damage caused by the exercise of these easement
rights and provided, further, that no casements hereunder, other than those previously created
and of record prior to the date of this Declaration and the easements shown on the Block Cl Plat,
shall be created on, under, over or across the Block C1 Lots without the consent in writing of the
Owner(s) of the Parcel(s) to be burdened by such easements.
Section 3.05 The Stormwater Management Easements and the Stormwater
Management Facilities are private -and require private maintenance as hereinafter set forth. The
cost of repair, maintenance, upkeep, improvement, or r replacement (hereinafter "maintenance's of
the Stormwater Management Easements and the Stormwater Management Facilities located
therein will not be borne by the County of Albemarte_or any public ag-ency but rather shall be
borne as follows:
(a) The initial construction of the Stormwater Management Facilities within
the Stormwater Management Easements shall be borne by the Declarant except for any drainage
lines or structures which are a Separate Utility Line to serve a single Parcel; and
(b) Thereafter, all maintenance of the Stormwater Management Facilities shall
be the sole responsibility of the Association with the costs of such maintenance of the
Stormwater Management Facilities to be allocated as Common Area Maintenance Costs as
provided in Section 10.04.
Section 3.06 The subsequent conveyance by the Declarant to the Association of
Stormwater Management Facility #1 as a part of the Common Area shall be subject to the rights
and obligations of adjacent landowners pursuant to other instruments of record in the Clerk's
Office, including that certain Deed of Easement dated January 23, 2004, between Declarant and
Hollymead Town Center, LLC, a Delaware limited liability company, recorded in Deed Book
2675, Page 389 in the Clerk's Office. The assignment and transfer by Declarant to the
Association of rights to the use and benefit of Stormwater Management Facility #2 shall be
subject to the rights and obligations set forth in other instruments of record in the Clerk's Office,
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including that certain Deed of Easement referenced in Section 3.01(b) above and recorded in
Deed Book 2905, Page 735.
Section 3.07 The Declarant reserves the right to subsequently dedicate the Stormwater
Management Easements and the Stormwater Management Facilities to public use. Upon the
subsequent acceptance of said Stormwater Management Easements and Stormwater
Management Facilities by the County of Albemarle or other public agency, the Association
and/or the Owners of any applicable Parcels agree to join in any further documents reasonably
requested by the County of Albemarle or other public agency in order to effect such dedication
and acceptance.
ARTICLE IV
SANITARY SEWER
Section 4.01 The Declarant hereby establishes permanent, reciprocal and non-exclusive
easements (including the right to construct, repair, and maintain access thereto) for the benefit of
each of the Parcels on, under and through the Parcels in locations other than Building Areas and
otherwise in locations approved by the ACB to adequately service each of the Parcels, for the use
of all present and future sanitary sewer facilities (the "Sanitary Sewer Facilities"); provided that
no easements hereunder, other than those previously created and of record prior to the date of
this Declaration, shall be created on, under, over or across the Block C1 Lots without the consent
in writing of the Owner(s) of the Parcel(s) to be burdened by such easements.
Section 4.02 Exclusive of, and in addition to, the easements granted in Section 4.01, the
Declarant hereby establishes permanent, reciprocal and non-exclusive easements for the benefit
of each of the Parcels onto and across the Property and each of the Parcels for sanitary sewer
drainage, including drainage into facilities currently existing and to be built on, under or upon
the Property or any of the Parcels; provided, however, that no such easement shall materially
adversely interfere with the Building Areas on any of the Parcels, or materially adversely
interfere with business operations on any of the Parcels, and the party exercising the easement
rights hereunder shall promptly repair any damage caused by the exercise of these casement
rights and provided, further, that no easements hereunder, other than those previously created
and of record prior to the date of this Declaration, shall be created on, under, over or across the
Block C1 Lots without the consent in writing of the Owner(s) of the Parcel(s) to be burdened by
such easements.
ARTICLE V
ELECTRIC, GAS AND OTHER UTILITY EASEMENTS
The Declarant hereby establishes permanent, reciprocal and non-exclusive easements in
favor of each of the Parcels to go in, upon, along, under, through and across those portions of the
Parcels (exclusive of any Building Areas) for the purpose of laying, constructing, operating,
maintaining and repairing electric, gas, telecommunications and other utility lines and all
necessary apparatus and appurtenant fixtures to operate and service such utilities (the "Utility
Facilities") in such locations as are approved by the ACB and are necessary for the construction
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and operation of the buildings to be constructed on any of the Parcels; provided that no
easements hereunder, other than those previously created and of record prior to the date of this
Declaration, shall be created on, under, over or across the Block Cl Lots without the consent in
writing of the Owner(s) of the Parcel(s) to be burdened by such easements which consent shall
not be unreasonably withheld or delayed. Each owner of a Parcel hereby grants to the owner of
all other Parcels, and its and their successors and assigns, a permanent and non-exclusive
easement to go in, upon, along, under, through and across those portions of any of the Parcels
(exclusive of any Building Areas) for the purpose of laying, constructing, operating, maintaining
and repairing the Utility Facilities in such locations as approved by the ACB as such utilities are
necessary for the construction and operation of the buildings to be constructed in the
Development; provided that no easements hereunder, other than those previously created and of
record prior to the date of this Declaration, shall be created on, under, over or across the Block
Cl Lots without the consent in writing of the Owner(s) of the Parcel(s) to be burdened by such
easements which consent shall not be unreasonably withheld or delayed.
ARTICLE VI
CONSTRUCTION
Section 6.01 All construction activities on a Parcel performed or authorized by an
Owner shall be performed in compliance with all Governmental Requirements and, where not in
conflict with Governmental Requirements, the Governing Documents. All construction shall
utilize first class materials and shall be performed in a good, safe, and workman -like manner
according to best construction management practices. Each Owner shall maintain the
undeveloped portions of its Parcel owned by it in a sightly condition.
Section 6.02 Each Owner further agrees that any construction activities performed or
authorized by it shall not: (a) cause any unreasonable increase in the cost of constructing
improvements upon another Owner's Parcel, (b) unreasonably interfere with construction work
being performed on any other Parcel, (c) unreasonably interfere with the use, occupancy or
enjoyment of any part of the remainder of the Development by any other Owner or its
Permittees, or (d) cause any Building located on another Parcel to be in violation of any
Governmental Requirements.
Section 6.03 Each Owner shall defend, protect, indemnify and hold harmless each other
Owner from and against all claims and demands, including any action or proceeding Brought
thereon, and all costs, losses, expenses and liabilities of any kind relating thereto, including
reasonable attorneys fees and cost of suit, arising out of or resulting from any construction
activities performed or authorized by such indemnifying Owner; provided, however, that the
foregoing shall not be applicable to either events or circumstances caused by the negligence or
willful act or omission of such indemnified Owner, its tenants, subtenants, licensees,
concessionaires, agents, servants, employees, or anyone claiming by, through, or under any of
them.
Section 6.04 Each Owner agrees that the Parking Area on its Parcel, when constructed,
shall be constructed as generally shown on the Master Plan or on such Owner's Approved Site
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Plan or as otherwise approved by the ACB. No fence or other barrier which would prevent or
unreasonably obstruct the passage of pedestrian or vehicular travel shall be erected or permitted
within or across the Parking Area, exclusive of the limited curbing and other forms of traffic
control depicted on the Master Plan or on such Owner's Approved Site Plan or as otherwise
approved by the ACB. Contemporaneously with the construction of a Building upon its Parcel,
the constructing Owner shall cause the Parking Area on its Parcel to be substantially completed
no later than the day the first occupant of such Building opens for business with the public;
provided that construction of Parking Areas on a Parcel may be staged to coincide with the
Parking Areas reasonably needed to provide pedestrian and vehicular ingress, egress and access
to the Buildings then constructed on such Parcel, and to meet required parking ratios for such
Buildings and otherwise to conveniently serve such Buildings. Such work shall be done in
accordance with Governmental Requirements, in a good and workmanlike manner and in
accordance with good engineering standards.
Section 6.05 The lighting system shall be of a type and design approved by the ACB (or
by the ARB if such lighting is subject to ARB approval), and shall be designed to produce a
minimum maintained lighting intensity measured at grade at all points at such levels as are
required by the Governmental Authorities and as approved by the ACB (or the ARB if such
lighting is subject to ARB approval). The type and design of the Common Area light standards
shall be approved by the ACB (or the ARB if such lighting is subject to ARB approval), subject
to approval of Governmental Authorities, as applicable.
Section 6.06 The Parking Area on each separate Parcel and/or legally subdivided parcel
of land (regardless of ownership) comprising the Property shall contain sufficient parking spaces
on said Parcel, which may not rely on parking spaces that may be available on another portion of
the Development, in order to comply with the greater of (i) Governmental Requirements or (ii)
the following minimum requirements; 4.5 parking spaces for each one thousand (1,000) square
feet of Floor Area (other than for Townhouse Lots, for which the number of parking spaces shall
be as required by the Governmental Authorities, and other than restaurants) and 10 parking
spaces for each one thousand (1,000) square feet of the Floor Area of any restaurants on such
Parcel.
Section 6.07 Except for the Owners of the Block Cl Lots, no Owner shall make
changes to the improved Parking Area on its Parcel without the approval of the ACB and as
provided for in the Rules and Regulations.
Section 6.08 Building(s) shall only be located within the Building Areas. Each Party
agrees that once it has commenced construction of a Building on its Parcel, the exterior "shell"
of such Building shall be substantially completed within a reasonable time. The maximum square
footage of buildable space for each Parcel shall not exceed the permitted square footage allocated
to such Parcel in writing by the Declarant.
Section 6.04 In the event any mechanic's lien is recorded against the Parcel of one
Owner as a result of services performed or materials furnished for the use of another Owner, the
Owner permitting or causing such lien to be so recorded agrees to cause such lien to be
13
discharged within fifteen (15) days alter the entry of a final judgment (after all appeals) for the
foreclosure of such lien. Notwithstanding the foregoing, upon request of the Owner whose Parcel
is subject to such lien, the Owner permitting or causing such lien to be recorded agrees to
promptly cause such lien to be released and discharged of record, either by paying the
indebtedness which gave rise to such lien or by posting bond or other security as shall be
required by law to obtain such release and discharge. Nothing herein shall prevent the Owner
permitting or causing such lien to be recorded from contesting the validity thereof in any manner
such Owner chooses so long as such contest is pursued with reasonable diligence. In the event
such contest is determined adversely (allowing for appeal to the highest appellate court), such
Owner shall promptly pay in full the required amount, together with any interest, penalties, costs,
or other charges necessary to release such lien of record. The Owner permitting or causing such
lien agrees to defend, protect, indemnify and hold harmless the other Owner and its Parcel from
and against all claims and demands, including any action or proceeding brought thereon, and all
costs, losses, expenses and liabilities of any kind relating thereto, including reasonable attorneys'
fees and cost of suit, arising out of or 'resulting from such lien.
ARTICLE VII
ARCHITECTURAL CONTROL BOARD
Section 7.01 The Architectural Control Board ("ACB") shall consist of not more than
three (3) members, appointed by the Board of Directors of the Association; provided, however,
that during the Period of Declarant Control, the Declarant may appoint the members of the ACB.
The power to "appoint" as provided herein, shall include without limitation the power to:
constitute the initial membership of the ACB; appoint member(s) to the ACB on the occurrence
of any vacancy therein, for whatever reason; and remove any member of the ACB, with or
without cause, at any time, and appoint the successor thereof. Each such appointment shall be
made for such term(s) of office, subject to the aforesaid power of removal, as may be set from
time to time in the discretion of the appointor.
Section 7.02 The ACB shall regulate the development and external design, location,
appearance, landscaping and grading of the Parcels and of the structures and other improvements
thereon (but only as expressly provided in this Declaration) in such a manner so as to preserve
and enhance values and to maintain a harmonious relationship among structures and the natural
vegetation and topography. In those instances where a building(s) on a Parcel within the Block
Cl Lots is subject to approval of the ARB and issuance of a Certificate of Appropriateness, the
requirements of the ARB concerning design, location and appearance of any such building(s) and
the grading, landscaping and lighting thereof shall govern and control and approval of the ACB
shall not be required.
Section 7.03 No improvements, alterations, repairs, excavations, changes in grade,
major landscaping or other work which in any way alters any Parcel or the exterior of any
improvements located thereon from its natural or improved state existing on the date such
property was first conveyed in fee by the Declarant to an Owner shall be made or done unless
and until the plans, specifications, working drawings, and proposals for the same showing the
nature, kind, shape, type, materials and location thereof shall have been submitted to and
14
approved in writing by the ACB, pursuant to Section 7.04 hereof; provided that the foregoing
provisions of this Section shall not apply to the Block Cl Lots or to any improvements thereon.
The locations of any buildings or related improvements shall be in general accord with the
Building Areas.
Section 7.04 Prior to commencement of work to accomplish any proposed
improvements, the person proposing to make such improvements ("Applicant") shall submit to
the ACB at its offices such descriptions, surveys, plot plans, drainage plans, elevation drawings,
construction plans, specifications and samples of materials and colors as the ACB may
reasonably request showing the nature, kind, shape, height, width, color, materials, and location
of the proposed Improvements. The ACB may require submission of additional plans,
specifications or other information prior to approving or disapproving the proposed
Improvements. Until receipt by the ACB of all required materials in connection with the
proposed Improvements, the ACB may postpone review of any materials submitted for approval.
The ACB shall approve any proposed Improvements only if it deems in its reasonable discretion:
that the Improvements in the location indicated will not be detrimental to the appearance of the
surrounding areas of the Property as a whole; that the appearance of the proposed Improvements
will be in harmony with the surrounding areas of the Property; that the Improvements will not
detract from the beauty, wholesomeness and attractiveness of the Property or the enjoyment
thereof by Owners; and that the proposed Improvements comply with the guidelines and rules of
the ACB. The ACB may condition its approval of any proposed Improvements upon the making
of such changes therein as the ACB may deem appropriate. The ACB shall keep a written record
of all final action of the ACB. Notwithstanding anything to the contrary, the foregoing provisions
of this Section 7.04 shall not apply to the Block C1 Lots or to any of the improvements thereon.
Section 7.05 The ACB may, but is not required to, issue guidelines or rules relating to:
the procedures; materials to be submitted; factors which will be taken into consideration in
connection with the consideration of any proposed Improvements; and any other matters within
the jurisdiction of the ACB. Such guidelines or rules may specify circumstances under which the
strict application of limitations or restrictions under this Declaration will be waived or deemed
waived in whole or in part because strict application would be unreasonable or unduly harsh
under the circumstances. Such guidelines or rules may waive the requirements for approval of
certain Improvements to Parcels or exempt certain Improvements to Parcels from the
requirement for approval if the ACB believes that such approval is not reasonably required. Such
guidelines or rules may be modified or amended from time to time by the ACB. All Owners,
prospective Owners and other persons, are advised to contact the ACB to obtain the most current
copy of such guidelines or rules.
Section 7,06 The ACB or its duly authorized representative shall have the right to
inspect any Improvements prior to or after completion, provided that the right of inspection shall
terminate sixty (60) days after the ACB shall have received a Notice of Completion from the
Applicant. If as a result of inspections or otherwise, the ACB finds that any Improvements have
been done without obtaining the approval of the ACB or were not done in substantial compliance
with the description and materials furnished to and all conditions imposed by the ACB or was
not completed within one (1) year after the date of approval by the ACB, the ACB shall notify
t5
the Applicant in writing of the noncompliance; which notice ("Notice of Noncompliance") shall
be given, in any event, within sixty (60) days after the ACB receives a Notice of Completion
from the Applicant. The notice shall specify the particulars of the noncompliance and shall
require the Applicant to take such action as may be necessary to remedy the noncompliance. If
the ACB determines that a noncompliance exists, the Applicant shall remedy or remove the
same within a period of not more than thirty (30) days from the date of receipt by the Applicant
of the ruling of the ACB. If the Applicant does not comply with the ACB ruling within such
period, the ACB may, at its option, record a Notice of Noncompliance against the real property
on which the noncompliance exists, may remove the non -complying Improvements or may
otherwise remedy the noncompliance, and the Applicant shall reimburse the ACB, upon demand,
for all costs and expenses incurred therewith. The right of the ACB to remedy or remove any
noncompliance shall be in addition to all other rights and remedies which the ACB may have at
law, in equity, or under this Declaration. Notwithstanding anything to the contrary, the
foregoing provisions of this Section 7.06 shall not apply to the Block Cl Lots or to any
improvements thereon.
Section 7.07 No action or failure to act by the ACB shall constitute a waiver or estoppel
with respect to future action by the ACB with respect to any Improvements. Specifically, the
approval by the ACB of any Improvements shall not be deemed a waiver of any right or an
estoppel to withhold approval or consent for any similar Improvements or any similar proposals,
plans, specifications or other materials submitted with respect to any other Improvements.
Section 7.0$ The ACB may authorize variances from compliance with any of the
provisions of this Declaration, or the ACB's guidelines or rules, when circumstances such as
topography, natural obstructions, hardship, aesthetic or environmental considerations may
require. Such variances must be evidenced in writing and shall become effective when signed by
at least a majority of the members of the ACB. If any such variance is granted, no violation of
the provisions of this Declaration shall be deemed to have occurred with respect to the matter for
which the variance was granted; provided, however, that the granting of a variance shall not
operate to waive any of the provisions of this Declaration or any guidelines or rules of the ACB,
for any purpose except as to the particular property and particular provision hereof covered by
the variance, nor shall the granting of a variance affect in any way the Owner's obligation to
comply with all Governmental Requirements, including, but not limited to, zoning ordinances
and setback lines or requirements imposed the Governmental Authorities.
Section 7.04 There shall be no liability imposed on the ACB, any ACB representative,
the Declarant, or any officer, director, member, agent or employee thereof, for any loss, damage
or injury arising out of or in any way connected with the performance of the duties of the ACB
unless due to the willful misconduct or bad faith of the party to be held liable. In reviewing any
matter, the ACB shall not be responsible for reviewing the Improvements for safety, whether
structural or otherwise, or conformance with building codes or other Governmental
Requirements; nor shall the ACB's approval of any Improvements be deemed approval of the
Improvements from the standpoint of safety, whether structural or otherwise, or conformance
with building codes or other Governmental Requirements.
16
Section 7, 10 Any buildings, structures, and related improvements to be constructed on
any Parcel shall also comply with all Governmental Requirements applicable to the Parcel as
imposed or administered by applicable Governmental Authorities, including the ARB.
ARTICLE VIII
BUILDING AND USE RESTRICTIONS
Section 8.01 No use shall be permitted in the Development which is inconsistent with
the Code of Development as set forth in the Master Plan, any other Governmental Requirements,
or which is inconsistent with the operation of a first-class mixed used development. Without
limiting the generality of the foregoing, the following uses shall not be permitted:
(A) Any use which emits an obnoxious odor, or obnoxious noise or sound which can be heard
or smelled outside of any Building in the Development (but this provision shall not
restrict or prohibit: (i) outdoor seating areas for restaurants or (ii) gas or charcoal grills
utilized by a restaurant and vented to the outside).
(B) An operation primarily used as a storage warehouse operation and any assembling,
manufacturing, distilling, refining, smelting, agricultural or mining operation.
(C) Any "second hand" store, "salvage" store, or pawn shop (but this prohibition shall not be
applicable to any consignment or similar shop or first-class antique store).
(D) Any mobile home park, trailer court, labor camp, junkyard, or stockyard; provided,
however, this prohibition shall not be applicable to the temporary use of construction
trailers during periods of construction, reconstruction or maintenance.
(E) Any dumping, disposing, incineration or reduction of garbage; provided, however, this
prohibition shall not be applicable to garbage compactors or dumpsters located near the
rear of any Building.
(F) Any fire sale, bankruptcy sale (unless pursuant to a court order) or auction house
operation other than auctions of art and wine in connection with an art gallery or wine
store,
(G) Any central laundry, dry cleaning plant or laundromat; provided, however, this
prohibition shall not be applicable to any dry cleaners and/or supportive facilities oriented
to pickup and delivery by the ultimate consumer.
(H) Any automobile, truck, trailer or recreational vehicle sales, leasing, display or body shop
repair operation.
(1) Any veterinary hospital or animal raising or boarding facility. Any veterinary or boarding
services provided in connection with the operation of a pet shop shall only be incidental
to such operation.; the boarding of pets as a separate customer service shall be prohibited;
17
all kennels, runs and pens shall be located inside the Building; and the combined
incidental veterinary and boarding facilities shall occupy no more than fifteen percent
(15%) of the Floor Area of the pet shop. Notwithstanding the foregoing, the foregoing
prohibitions and limitations shall not be applicable to national chain pet stores approved
by the ACB, provided that they are operating in generally the same manner as typical
stores in the chain.
(J) Any establishment selling or exhibiting "obscene" material (but this prohibition shall not
apply to a full -line video store, bookstore and/or music store which may incidentally sell
or rent x -rated or adult videos, books or music).
(K) Any establishment selling or exhibiting illegal drug-related paraphernalia.
(L) Any (a) flea market, (b) amusement or video arcade of more than five (5) games (except
as part of a restaurant, theater, or other primary permitted use), pool or billiard hall
(except as part of a restaurant), (c) car wash (except in connection with a fueling station
as may be indicated on the Master Plan), or (d) dance hall.
(M) Any gambling facility or operation, including but not limited to: off-track or sports
betting parlor; table games such as blackjack or poker; slot machines, video
poker/blackjack/keno machines or similar devices; or bingo hall. Notwithstanding the
foregoing, this prohibition shall not be applicable to government sponsored gambling
activities or charitable gambling activities, so long as such activities are incidental to the
business operation being conducted by the occupant.
Section 8,02 No Owner shall use, or permit the use of, Hazardous Materials on, about,
or under its Parcel, or the balance of the Development, except in the ordinary course of its usual
business operations conducted thereon, and any such use shall at all times be in compliance with
all Environmental Laws. Each Owner agrees to defend, protect, indemnify and hold harmless
each other Owner from and against all claims or demands, including any action or proceeding
brought thereon, and all costs, losses, expenses and liabilities of any kind relating thereto,
including but not limited to costs of investigation, remedial or removal response, and reasonable
attorneys' fees and cost of suit, arising out of or resulting from any Hazardous Material used or
permitted to be used by such Owner, whether or not in the ordinary course of business. For the
purpose of this Section 8,02, the term (i) "Hazardous Materials" shall mean and refer to the
following: petroleum products and fractions thereof, asbestos, asbestos containing materials, urea
formaldehyde, polychlorinated biphenyls, radioactive materials and all other dangerous, toxic or
hazardous pollutants, contaminants, chemicals, materials, substances and wastes listed or
identified in, or regulated by, any Environmental Law, and (ii) "Environmental Laws" shall mean
and refer to the following: all federal, state, county, municipal, local and other statutes, laws,
ordinances and regulations which relate to or deal with human health or the environment, all as
may be amended from time to time.
Section 8.03 This Declaration is not intended to, and does not, create or impose any
obligation on an Owner to operate, continuously operate, or cause to be operated a business or
any particular business on any Parcel. In the event an Owner, other than Declarant or the
Owner(s) of any Parcels comprising the Block C1 Lots, has not commenced construction on its
Parcel within eighteen (18) months after such Owner acquired title to such Parcel from
Declarant, the Owner of such Parcel hereby grants Declarant an option to purchase such Parcel
for a period of sixty (60) days after the termination of such 18-month period at a price equal to
the purchase price for such Parcel plus the amounts expended by such Owner for installation of
utilities to serve such Parcel; such option may be exercised by Declarant by written notice to
such Owner within sixty (60) days of the expiration of such 18-month period. The foregoing
provisions of this Section 8.03, and the right of repurchase herein granted Declarant, shall not
apply to the Block Cl Lots or to any Parcels comprising said Block C1 Lots.
Section 8.04 While construction activities are taking place on a Parcel, the Owner of
the Parcel will hold harmless and indemnify Declarant, its successors and assigns, and other
Owners and their invitees, and tenants, for any and all damage incurred by and on behalf of the
Owner of the Parcel, its successors, assigns, invitees, and tenants arising out of any such
construction activities; moreover, the Owner of the Parcel will regularly remove dirt and debris
from the Parcel and will not permit any dirt or debris to accumulate anywhere outside of the
Parcel during the construction period, will repair all damage to the Development as soon as
reasonably possible, and will proceed with construction at such a pace so as to complete
construction of improvements on the Parcel as soon as reasonably possible.
Section 8.05 Customers of the Development or any of the Parcels may park in any of
the Parking Areas provided at the Development or on any of the Parcels except for Building
Areas and except for designated parking spaces on any Residential Tracts.
Section 8.06 All improvements on each Parcel and any appurtenant areas will be
maintained and repaired by the Owner of such Parcel in a commercially reasonable manner and
condition consistent with first class commercial developments in the Charlottesville/Albemarle
County area, including, but not limited to, all structures, lighting, landscaping and signage.
Section 8.07 The Owner of each Parcel shall be required to maintain its Parcel and all
Buildings and improvements thereon, in a commercially reasonable manner and condition at all
times consistent with that found in first class commercial projects in the
Charlottesville/Albemarle County area. No buildings may be "boarded up" at any time or be
allowed to become unsightly in any manner.
Section 8.08 No portion of either the Development or any of the Parcels may be used
for any unlawful or extra-hazardous purpose, nor may any Parcel be used in such a manner so as
to constitute or create a public or private nuisance or violate any applicable governmental laws or
regulations or the Governing Documents.
Section 8.09 Pipes for water, gas, sewer, drainage or other purposes and wires, poles,
antenna and other facilities for the transmission or reception of audio or visual signals (other than
rooftop units) or electricity, and utility meters or other utility facilities shall be kept and
maintained only with the prior consent of the ACB and shall be kept and maintained
M
underground or within an enclosed structure. No exterior radio antenna, television antenna, or
other antenna of any type shall be erected or maintained in the Development, except that on
commercial Parcels, an Owner may erect antenna or satellite dish(es) if such is reasonably
appropriate for the business(es) conducted by the Owner, its tenants, subtenants, licensees or
other Occupants, on the Parcel and is reasonably screened from public view or otherwise as may
be required by the ARB. With the approval of the ACB, a master antenna or cable television
antenna may, but need not, be provided for use of all Owners or a group of Owners, and
Declarant may grant easements for such purposes, provided no such easements shall be located
on or encumber the Block C1 Lots. Notwithstanding the foregoing, neither the restrictions nor
the requirements of this Section shall apply to those "antennae" (including certain satellite
dishes) which are specifically covered by regulations promulgated under the
Telecommunications Act of 1996, as amended from time to time. As to "antennae" (including
certain satellite dishes) which are specifically covered by the Telecommunications Act of 1996,
as amended, the Association shall be empowered to adopt rules and regulations governing the
type of "antennae" (including certain satellite dishes) that are permissible hereunder and, to the
extent permitted by the Telecommunications Act of 1996, as amended, establishing reasonable,
non-discriminatory restrictions relating to appearance, safety, location and maintenance.
ARTICLE IX
SIGNS
Section 9.01 Except for those Parcels whose improvements (including signage thereon)
are subject to review and approval by the ARB, the ACB shall have the right to approve the
design, size and location of all signs and sign structures located within the Development,
including the identification panels to be attached thereto. The Rules and Regulations contain
additional restrictions on the use of signs.
Section 9.02 The Declarant hereby establishes for the benefit of all Parcels and the
Development, permanent non-exclusive easements for the construction, maintenance, operation
and repair of monument signs in the locations more particularly shown on Exhibit D hereto
attached. The construction, maintenance, operation, and repair of such signs for the benefit and
use of the Development shall be performed and paid for by the Association as Common Area
Maintenance Costs, and as otherwise provided in the Governing Documents.
ARTICLE X
COMMON AREAS; COMMON AREA MAINTENANCE COSTS;
MAINTENANCE OF PARCELS
Section 10.01 Subject to the joint maintenance provisions set forth in Section 10.02,
each Owner shall cause to be operated and maintained, including any replacement due to
ordinary wear and tear, at its sole cost and expense, the Parking Area on its Parcel in a sightly,
safe condition and good state of repair, The unimproved Parking Area shall be mowed and kept
litter -free. The minimum standard of maintenance for the improved Parking Area shall be
comparable to the standard of maintenance followed in other first class retail developments of
comparable size in the Charlottesville/Albemarle County area; notwithstanding the foregoing,
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however, the Parking Area shall be operated and maintained in compliance with all applicable
Governmental Requirements, and the provisions of the Governing Documents. All Parking Area
improvements shall be repaired or replaced with materials at least equal to the quality of the
materials being repaired or replaced so as to maintain the architectural and aesthetic harmony of
the Development as a whole. Such operation, maintenance and repair obligation shall include but
not be limited to the following:
(A) Drive and Parking Areas. Maintaining all paved surfaces and curbs in a smooth and
evenly covered condition, including, without limitation, replacement of base, skin patch,
resealing, and restriping;
(B) Debris and Refuse. Periodically removing papers, debris, filth, refuse, ice and snow (2"
on surface), including vacuuming and broom -sweeping as reasonably required, but in any
event to the extent necessary to keep the Parking Area in a first-class, clean and orderly
condition; provided, however, that trash and/or garbage removal from a Building on a
Parcel shall not be considered a Common .Area Maintenance Cost (as defined below).
All sweeping shall be at appropriate intervals during such times as shall not interfere with
the conduct of business or use of the Parking Area by Permittees.
(C) Signs and Markers. Maintaining, cleaning and replacing any appropriate directional,
stop, or handicapped parking signs or markers and the Development Monument Signs
and/or directional signs (but not tenant or other Occupant identification panels thereon);
restriping parking lots and drive lanes as necessary to maintain parking space designation
and traffic direction; and keeping clearly marked fire lanes, loading zones, no parking
areas and pedestrian crosswalks.
(D) Lighting. Maintaining, cleaning and replacing Parking Area lighting facilities, including
light standards, wires, conduits, lamps, ballasts and lenses, time clocks and circuit
breakers, and the cost of illumination, including electricity and any other utility costs.
(For purposes of this Section, replacement of damaged or worn out lighting standards and
fixtures shall be considered maintenance items). Exterior Building lighting fixtures,
including any lighting fixtures associated with a canopy or other architectural feature
forming a part of such Building, and exterior Building signs shall be considered a part of
such Building, and the maintenance and replacement of such fixtures and signs, and the
cost of illumination, shall be the obligation of the Owner upon whose Parcel such fixtures
and signs are located.
(E) Landscaping. Maintaining and replacing all landscape plantings, trees and shrubs in an
attractive and thriving condition, trimmed and weed -free; maintaining and replacing
landscape planters, including those adjacent to exterior walls of Buildings; maintaining
and operating irrigation systems and modifying the same to satisfy governmental water
allocation or emergency requirements. If any Owner or occupant requires "special"
landscaping (i.e. flowers, shrubs, trees, etc.) beyond the standard landscaping
requirements for the remainder of the Development or as required by Governmental
Requirements, including the ARB, or if landscaping additions/modifications are required
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as a result of a Building addition, expansion or remodel, the cost of installation,
replacement and maintenance of such special or required Iandscaping shall be borne
solely by such Owner or occupant, as the case may be, and shall not be included in
Common Area Maintenance Costs.
(F) Obstructions. Keeping the Parking Area free from any obstructions, including those
caused by the sale or display of merchandise, unless such obstruction is permitted under
the provisions of this Declaration.
(G) Sidewalks. Maintaining, cleaning and replacing sidewalks, including those adjacent and
contiguous to Buildings. Sidewalks shall be pressure washed periodically as may be
needed but not less than four (4) times per year, shall be swept at appropriate intervals
during such time as shall not interfere with the conduct of business or use of the Parking
Area. Canopies, awnings, trellises, pergolas and other similar treatments overhanging
sidewalks adjacent to Buildings shall not be considered Parking Area and shall be
installed, maintained, cleaned, repaired and replaced by and solely at the expense of the
Owner of the Parcel, and shall be cleared of ice or snow (after each snow fall of 2" or
more).
(H) Security Measures. There shall be no obligation, duty or responsibility, express or
implied, under this Declaration for any Owner or for the Property Manager to provide
security for any Parcel or for the occupants, customers or other permittees of the
Development.
(1) Traffic. Supervising traffic at entrances and exits to each Parcel and within the Parcel as
conditions reasonably require in order to maintain an orderly and proper traffic flow.
(J) Parks and Open Spaces. Maintaining the "pocket park" areas to be located in portions of
Block IV and Block VIII as shown on the Master Plan, including maintaining and
replacing all landscape plantings, trees and shrubs in an attractive and thriving condition,
trimmed and weed -free.
(K) Stormwater Management Facilities. Maintaining, cleaning, and replacing as necessary all
Stormwater Management Facilities described in Article III.
(L) Roads. Maintaining, cleaning and replacing all Roads, and additionally, any landscaping
required to be maintained within publicly dedicated roads.
Notwithstanding anything contained herein to the contrary, each Owner shall have the
obligation to operate, maintain, and repair, at its sole cost and expense, in a clean, sightly and
safe condition, the following items (if any) located on its Parcel in conformance with the Rules
and Regulations: any exterior shipping/receiving dock area; any truck ramp or truck parking
area; any recycling center or similarly designated area for the collection of items intended for
recycling; and any refuse, compactor or dumpster area. Furthermore, each of the Owner(s) of the
Block C1 Lots and any Parcel(s) comprising the same shall be solely responsible, at its cost and
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expense (which may be shared by the other Owners of the Parcels within the Block C1 Lots
pursuant to a separate agreement not incorporated herein) for the operation, maintenance and
repair of the Parking Area and improvements and other common facilities on its Parcel
including, without limitation, such obligations as are set forth in items (A) through (I) above. The
Parking Area and improvements and other common facilities, including landscaping and site
lighting, on the Block CI Lots will be maintained in a manner consistent with other first class
retail developments in the Charlottesville/Albemarle County area. If any Parcel comprising the
Block C1 Lots is not so maintained and such failure to maintain shall continue after written
notice of default to the Owner of such Parcel not being maintained and beyond expiration of the
applicable cure period set forth in Section 14.01 hereof, then such Owner shall be deemed a
Defaulting Party under said Section 14.01 and Declarant, the Association or the Property
Manager, or any Non -Defaulting Party, may thereafter exercise all self-help remedies and other
rights and remedies under Section 14.02 of this Declaration to remedy the default of such
Defaulting Party.
Section 10.02 Except for the Parking Areas on the Block C1 Lots, the Association shall
operate and maintain the Parking Areas, the Stormwater Management Facilities, the pocket
parks, any access roads, landscaping within publicly dedicated roads, and other Common Area of
the Development in accordance with the requirements of Section 10.01, exclusive of any
replacement of "capital improvements" due to ordinary wear and tear, which replacement shall
be the responsibility of the Owner of the affected Parcel.
Section 10.03 The Common Area Maintenance Costs for the Property shall be allocated
and assessed among the Parcels [other than the Block C1 Lots and any Parcels comprising said
Block C1 Lots] as set forth herein and shall be assessed and collected by the Association as
Assessments. Except for the special allocation of costs of maintenance of the Stormwater
Management Facilities as set forth in Section 10.04 below, the Common Area Maintenance
Costs for the Property shall be allocated and assessed among the Parcels [other than the Block
Cl Lots and any Parcels comprising said Block CI Lots] as follows:
(a) initially, pro rata based upon the ratio of the square footage of each Parcel
[other than the Block C1 Lots and any Parcels comprising said Block Cl Lots] to the
total square footage of all Parcels ("Parcel Square Footage Ratio");
(b) at such time as there is at least 100,000 square feet of Floor Area in the
Development, then seventy-five percent (75%) of the Common Area Maintenance Costs
shall be allocated to all Parcels [other than the Block Cl Lots and any Parcels comprising
said Block C1 Lots] based upon the Parcel Square Footage Ratio and twenty-five
percent (25%) shall be allocated pro rata based upon the ratio of the Floor Area of each
Parcel [other than the Block C1 Lots and any Parcels comprising said Block C1 Lots] to
the aggregate Floor Area of all Parcels ("Floor Area Ratio");
(c) notwithstanding the foregoing, at such time as at least ninety percent
(90%) of the Property in the Development has been developed, as evidenced by
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Approved Site Plans, then Common Area Maintenance Costs shall be allocated based
solely on the Floor Area Ratio;
(d) all computations and allocations under this Section 10.03 shall be made
quarterly, as of the first day of each calendar quarter.
Section 10.04 Notwithstanding the provisions of Section 10.03 above, that portion of the
Common Area Maintenance Costs attributable to the maintenance of the Stormwater
Management Facilities shall be allocated among those Parcels (including the Block CI Lots and
the Parcels comprising the same) which utilize or benefit from the applicable Stormwater
Management Facilities and shall be based on the square footage of the respective Parcels.
Consequently, Common Area Maintenance Costs attributable to Stormwater Management
Facility #1, after deducting any contribution to such costs to be borne by Hollymead Town
Center, LLC, Target Corporation or the owners of other land not part of the Property, shall be
allocated among Parcels served by that particular facility and such costs attributable to
Stormwater Management Facility #2 shall be allocated among Parcels served by that particular
facility.
Section 10.05 Notwithstanding the provisions of Section 10.03 above, the Owner(s) of
the Block Cl Lots and the Parcels comprising the same shall pay their pro -rata share, computed
in accordance with Section 10.03 above (but with the Block C1 Lots and Parcels comprising
same included for purposes of this calculation), of the costs of operation, maintenance and repair
of the Roads (until publicly dedicated to and accepted by any Governmental Authorities).
Section 10.06 Notwithstanding anything to the contrary contained in this Article or
elsewhere in the Governing Documents, the provisions of this Article are to be limited in
application to the division of responsibility and the reimbursement of costs and expenses only as
between the Owners of the Parcels within the Development and shall not be deemed for the
benefit of any other owners or occupants of the Hollymead Town Center.
Section 10.07 The Association shall maintain the Common Area in accordance with the
standards set forth herein.
Section 10.08 Notwithstanding anything in the Governing Documents to the contrary,
the Owners of the Residential Tracts shall not be assessed for the cost of maintenance and
operation of the Parking Areas on other Parcels and the Owners of any commercial Parcels shall
not be assessed for the cost of maintenance and operation of the Parking Areas on the Residential
Tracts.
ARTICLE XI
ASSOCIATION
Section 11.01 Every Owner of a Parcel within the Development shall be a member of the
Association; however, no owner of a Townhouse Lot, any residential townhouse, or residential
condominium unit shall be a member of, or be entitled to any votes in, the Association, but any
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separate townhouse owners association or residential condominium association (collectively, the
"Residential Associations") shall be a member of the Association.
Section 11.02 Each Parcel shall be assigned voting rights in the Association as set forth
in this Section. Each Parcel shall be entitled to at least one (1) vote. In addition, any Parcel
containing a Building for which a certificate of occupancy has been issued by the County of
Albemarle shall be entitled to one (1) additional vote for each 2,500 square feet of Floor Area in
such Building(s) located on its Parcel. Each Residential Association shall be entitled to one (1)
vote in the Association. No Townhouse Lot shall be entitled to any voting rights in the
Association.
Section 11.03 After the Period of Declarant Control, the Association shall become the
successor to the Declarant for all purposes. During the Period of Declarant Control, the
Declarant shall have the right in its sole discretion to transfer any one or more (including all) of
its rights, privileges, and duties under this Declaration to the Association, which transfer shall be
evidenced by an instrument executed by Declarant and recorded in the Clerk's Office.
Section 11.04 The Association shall be governed by and operated in accordance with the
provisions of this Declaration, the Rules and Regulations, and the Articles of Incorporation and
bylaws of the Association, as the same may be amended from time to time.
Section 11.05 The affairs of the Association shall be managed by a Board of Directors.
The number, term and qualification of the Board of Directors shall be fixed in the Articles of
Incorporation and Bylaws. Except as otherwise provided in this Article, during the Period of
Declarant Control, the Declarant may appoint all officers and directors and may remove all
officers and members of the Board of Directors appointed by it. Declarant may voluntarily
surrender the right to appoint and remove officers and members of the Board of Directors before
termination of the Period of Declarant Control; but, in that event, the Declarant may require, for
the duration of the Period of Declarant Control, that specified actions of the Association or Board
of Directors, as described in a recorded instrument executed by the Declarant, be approved by
the Declarant before they become effective.
Section 11.06 Subject to the provisions and restrictions set forth in Sections 1.14, 1.16,
and 1.32 hereof, the Association may adopt, amend, repeal and enforce Rules and Regulations as
may be deemed necessary or desirable with respect to the interpretation and implementation of
this Declaration, the operation of the Association, the use and enjoyment of Common Area and
the use of any other property, including Parcels. Any such Rules and Regulations shall be
uniformly applied (except as provided below). Such Rules and Regulations shall be effective
only upon adoption by resolution of the Board of the Association. Notice of the adoption,
amendment or repeal of any Rule or Regulation shall be given in writing to each Member at the
address for notices to Members as elsewhere provided in this Declaration or the Bylaws, and
copies of the currently effective Rules and Regulation shall be made available to each Member
upon request and payment of the reasonable expense of copying the same. Each Member shall
comply with such Rules and Regulations and shall see that persons claiming through such
Member comply with such Rules and Regulations. Such Rules and Regulations shall have the
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same force and effect as if they were set forth in and were part of this Declaration. However,
such Rules and Regulations shall not conflict with this Declaration. In the event of conflict
between the Rules and Regulations and the provisions of this Declaration, the provisions of this
Declaration shall prevail, as applicable. Subject to the provisions and restrictions set forth in
Sections 1. 14, 1.16, and 1.32 hereof, the Association may adopt Rules and Regulations that differ
for various classes or uses or property within the Development.
Section 11.07 The Association shall have the power to enforce the provisions of this
Declaration and the Rules and Regulations, and shall take such action as the Board deems
necessary or desirable to cause such compliance by each Member and each person claiming by,
through or under such Member ("Related User"). Without limiting the generality of the
foregoing, the Association shall have the power to enforce the provisions of this Declaration and
of the Rules and Regulations by any one or more of the following means: (a) by entry upon any
Parcel after Notice and Hearing (unless a bona fide emergency exists), without liability to the
Owner thereof, for the purpose of enforcement or causing compliance with this Declaration or
the Rules and Regulations; (b) by commencing and maintaining actions or suits to restrain and
enjoin any breach or threatened breach of the provisions of this Declaration or the Rules and
Regulations, by mandatory injunction or otherwise; (c) by commencing and maintaining actions
or suits to recover damages for breach of any of the provisions of this Declaration or the Rules
and Regulations; (d) by suspension, after Notice and Hearing, of the voting rights of a Member
during and for up to sixty (60) days following any breach by such Member or a Related User of
such Member of this Declaration, or such Rules and Regulations, unless the breach is a
continuing breach in which case such suspension shall continue for so long as such breach
continues; (e) by suspension of the voting rights of a Member for delinquent Assessments until
such time as the Assessments become current; (0 by levying and collecting, after Notice and
Hearing, a reimbursement charge against any Member for breach of this Declaration or such
Rules and Regulations by such Member or a Related User of such Member; and/or (g) by levying
and collecting, after Notice and Hearing, reasonable and uniformly applied fines and penalties,
established in advance in the Rules and Regulations of the Association, from any Member or
Related User for breach of this Declaration or such Rules and Regulations by such Member or a
Related User of such Member.
Section 11.08 Each Owner by acceptance of a deed therefor, whether or not it shall be so
expressed in such deed, is liable for applicable Assessments made against such Owner's Parcel
during the period of ownership of such Parcel and shall be personally obligated to pay to the
Association: Assessments (inclusive of allocated share of Common Area Maintenance Costs, as
applicable), Special Assessments, reimbursement charges, and special purpose charges, all as
provided in this Declaration, with such Assessments to be established and collected as provided
in this Declaration. The obligation for such payments by each Owner to the Association is an
independent covenant with all amounts due, from time to time, payable in full when due without
notice or demand (except as otherwise expressly provided in this Declaration), and without set-
off or deduction. All Owners of each Parcel shall be jointly and severally liable to the
Association for the payment of all Assessments attributable to their Parcel. Each Assessment
shall also be the personal obligation of the person who was the Owner of such Parcel at the time
when the Assessment became due. The personal obligation for delinquent Assessments shall not
pass to such Owner's successors in title unless expressly assumed by them. If an Assessment is
payable in installments, each installment is a lien from the time it becomes due, including the due
date set by any valid acceleration of installment obligations by the Association. The
Association's lien on a Parcel for Assessments shall be superior to any homestead exemption
now or hereafter provided by the laws of the Commonwealth of Virginia or any exemption now
or hereafter provided by the laws of the United States. The acceptance of a deed to a Parcel shall
constitute a waiver of the homestead and any other exemption as against such Assessment Lien.
Assessments shall be payable in the amounts specified in the levy thereof and no offsets or
reduction thereof shall he permitted for any reason including, without limitation, or any claim
that the Association or the Board of Directors is not properly exercising its duties and powers
under this Declaration.
Section 11.09 During the Period of Declarant Control, the Declarant may in its
discretion, but shall not be required to, cover certain costs of the Association by payment of any
amount(s), which shall be treated as an advance against future Assessments due from the
Declarant, provided, however, that any such advances which have not been credited against
Assessments due from the Declarant as of termination of the Period of Declarant Control shall
then be repaid by the Association to the Declarant, with interest at the Wall Street Journal prime
rate but in no event greater than six percent (6%) per annum, to the extent that the Association
has funds in excess of its working capital funds, reserve funds, and funds for operating expenses
to date for the calendar year in which the Period of Declarant Control terminates; and provided
further, however, that any of such advances which are not repaid to the Declarant shall continue
to constitute advances against Assessments from the Declarant to the Association until
conveyance by the Declarant of all Parcels owned by it. If the Declarant elects in its discretion
to pay any amounts as provided in this Section, Declarant shall not, under any circumstances, be
obligated to continue payment or funding of any such amount(s) in the future.
Section 11,10 In addition to the other charges provided for in this Declaration, the Board
of Directors may at any time from time to time, levy a reimbursement charge or special purpose
charge against any Owner(s) and their Parcel(s) in order to pay the actual or anticipated costs and
expenses, including overhead expenses of the Association in providing special services to such
Parccl(s) as reasonably determined by the Association; provided no special services shall be
provided to the Owner(s) of any Parcel(s) within the Block Cl Lots without the prior written
consent of such Owner(s) to whom the special services are to be provided.
Section 11,11 The Association may enter into such contracts or agreements on behalf of
the Association as may be required in order to satisfy the requirements or guidelines of any
Agency so as to allow for the purchase, guarantee or insurance, as the case may be, by any
Agency of a first lien deed of trust on any Parcel. Each Owner hereby agrees that it will benefit
the Association and the Members thereof, as a class of potential mortgage borrowers and
potential sellers of Parcels, if Agencies approve the Development or parts thereof as a qualifying
subdivision under their respective policies, rules and regulations as adopted form time to time.
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ARTICLE XII
RESIDENTIAL USE TRACTS
As indicated on the Master Plan, certain Blocks within the Development are proposed to
be developed for exclusively residential purposes as attached residential units (for example,
townhouses or condominiums). The Declarant reserves the right, in its sole discretion, to further
exclude from this Declaration, by recordation of an appropriate instrument in the Clerk's Office,
any portions of the Property which may subsequently be determined to be developed for
exclusively residential purposes; upon recordation of such instrument, the term "Property" shall
be deemed amended to exclude such residential use tract ("Excluded Tract") from the terms and
conditions of this Declaration, subject, however, to the right of Declarant to approve the exterior
design and appearance of all buildings and improvements to be constructed on such Excluded
Tract, to the reservation of all easements through or across the Excluded Tract necessary to serve
the remaining Property and/or the Parcels, and to the imposition upon the Excluded Tract of its
allocated share of responsibility (based upon the land area of the Excluded Tract) for the costs
associated with the Stormwater Management Facilities.
ARTICLE XIII
INSURANCE AND INDEMNITY
Each Parcel Owner shall keep in full force and effect a policy or policies of commercial
general liability insurance for their respective Parcels (at their own expense) with a combined
single limit of not less than Two Million Dollars ($2,000,000) in Constant Dollars. Each Parcel
Owner's policy, and the Association's policy, will name the other Parcel Owners and its
designees as an additional insured party, as their interests may appear, and will contain a clause
that the insurer will not cancel or change the policy limit or deductible of such insurance without
first giving each Parcel Owner thirty (30) days' prior written notice; provided the Owners of any
Parcels within the Block C1 Lots shall only be required to name the other Owners of Parcels
within the Block CI Lots and the Association as additional insured parties, as their interests may
appear. The insurance will be with reputable and solvent insurance companies licensed to do
business in the Commonwealth of Virginia with a Best insurance rating of not less than A minus,
Excellent. A copy of the policy, or certificate of insurance, together with a proof of premium
payment, will be provided by each Parcel Owner to the Association.
ARTICLE XIV
GENERAL PROVISIONS
Section 14.01 The occurrence of any one or more of the following events shall constitute
a material default and breach of this Declaration by the non-performing party (the "Defaulting
Party"): (a) the failure to make any payment required to be made hereunder within ten (10) days
after receipt of written notice from Declarant, Property Manager or the Association that it is past
the due date; (b) the failure to observe or perform any of the covenants, conditions or obligations
of this Declaration within thirty (30) days after the issuance of a notice by Declarant, the
Association, or Property Manager, as the case may be (the "Non -Defaulting Party") specifying
the nature of the default claimed or, if such default is reasonably incapable of being cured within
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such thirty (30) day period and the Defaulting Party commences the cure within such thirty (30)
day period and thereafter diligently prosecutes the curing of such default to completion, such
longer period as is reasonably necessary to cure such default using due diligence.
Section 14.02 With respect to any default under Section 14.01, any Non -Defaulting Party
shall have the right following the expiration of any applicable cure period, if any, but not the
obligation, to cure such default by the payment of money or the performance of some other
action for the account of and at the expense of the Defaulting Party; provided, however, that in
the event such default shall constitute an emergency condition, the Non -Defaulting Party, acting
in good faith, shall have the right to cure such default upon such advance notice as is reasonably
possible under the circumstances or, if necessary, without advance notice, so long as notice is
given as soon as possible thereafter. To effectuate any such cure, the Non -Defaulting Party and
its contractors and subcontractors shall have a license to enter upon the Parcel of the Defaulting
Party (but not into any Building) to perform any necessary work or furnish any necessary
materials or services to cure the default of the Defaulting Party. Each Owner shall be
responsible for the default of its Occupants. In the event any Non -Defaulting Party shall cure a
default, the Defaulting Party shall reimburse the Non -Defaulting Party for all reasonable costs
and expenses incurred in connection with such curative action, plus Interest as provided herein,
within thirty (30) days after receipt of demand therefor, together with reasonable documentation
supporting the expenditures made. In the event the Defaulting Party does not reimburse the Non -
Defaulting Party as set forth above, in addition to any other remedy available, the Non -
Defaulting Party shall have the right to offset such amount owed against any current or future
sum of money due the Defaulting Party until the full amount owed is recovered.
The right to cure the default of another party shall not be deemed to: (i) impose any
obligation on a Non -Defaulting Party to do so; (ii) render the Non -Defaulting Party liable to the
Defaulting Party or any third party for an election not to do so; (iii) relieve the Defaulting Party
from any performance obligation hereunder; or (iv) relieve the Defaulting Party from any
indemnity obligation as provided in this Declaration.
Section 14.03 Costs, expenses and interests accruing and/or assessed pursuant to Section
14.01(a) and/or Section 14.02 above shall constitute a lien against the Defaulting Party's Parcel
Such lien shall attach and take effect only upon recordation of a claim of lien in the Clerk's
Office by the party making such claim. The claim of lien shall include the following: (a) the
name of the lien claimant; (b) a statement concerning the basis for the claim of lien and
identifying the lien claimant as a Non -Defaulting Party; (c) an identification of the owner or
reputed owner of the Parcel or interest therein against which the lien is claims; (d) a description
of the Parcel against which the lien is claimed; (e) a description of the work performed or
payment not made which has given rise to the claim of lien and a statement itemizing the amount
thereof; and (f) a statement that the lien is claimed pursuant to the provisions of this Declaration,
reciting the date and document number of recordation hereof The notice shall be duly verified,
acknowledged and contain a certificate that a copy thereof has been served upon the party
against whom the lien is claimed, by personal service or by mailing pursuant to Section 14.17
below. The lien so claimed shall attach from the date of recordation solely in the amount
claimed thereby and may be enforced in any judicial proceedings allowed by law, including
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without limitation, a suit in the nature of a suit to foreclose a deed of trust or mechanic's lien
under the applicable provisions of the laws of the Commonwealth of Virginia.
Section 14.04 Each Non -Defaulting Party shall have the right to prosecute any
proceedings at law or in equity against any Defaulting Party hereto, or any other person,
violating or attempting to violate or defaulting upon any of the provisions contained in the
Governing Documents, and to recover damages for any such violation or default. Such
proceeding shall include the right to restrain by injunction any violation or threatened violation
by another party of any of the terms, covenants or conditions of this Declaration, or to obtain a
decree to compel performance of any such terms, covenants or conditions, it being agreed that
the remedy at law for a breach of any such term, covenant or condition (except those, if any,
requiring the payment of a liquidated sum) is not adequate. Any violation of any provision,
covenant, condition, restriction or equitable servitude contained in this Declaration, whether by
act or omission, is hereby declared to be a nuisance and may be enjoined or abated by any party
entitled to enforce the provisions of this Declaration. Subject to and without affecting any other
provisions of this Declaration to the contrary, all of the remedies permitted or available to a party
under this Declaration, or at law or in equity shall be cumulative and not alternative, and the
invocation of any such right or remedy shall not constitute a waiver or election of remedies with
respect to any other permitted or available right or remedy.
Section 14.05 Any time an Owner or other party or Property Manager, if any, shall not
pay any sum payable hereunder to another party within fifteen (15) days of the due date, such
delinquent party shall pay interest on such amount from the due date to and including the date
such payment is received by the party entitled thereto, at the lesser of (a) the highest rate
permitted by laver to be either paid on such type of obligation by the party obligated to make such
payment or charged by the party to whom such payment is due, whichever is less; or (b) the
prime rate, plus three percent (3%). As used herein, "prime rate" shall mean the rate of interest
published from time to time as the "Prime Rate" in the Wall Street Journal under the heading
"Money Rates"; provided, however, that (i) if more than one such rate is published therein the
prime rate shall be the highest such rate and (ii) if such rate is no longer published in the Wall
Street Journal or is otherwise unavailable, the prime rate shall be a substantially comparable
index of short term loan interest rates charged by U.S. banks selected by the Association to
corporate borrowers.
Section 14.06 Each Owner and Property Manager, if any, agree that upon written request
(which shall not be made more frequently than three (3) times during any calendar year) of any
Owner or Property Manager, it will issue within thirty (30) days after receipt of such request to
such Party, or its prospective mortgagee or successor, an estoppel certificate stating to the best of
the issuer's knowledge as of such date: (i) whether it knows of any default under this Declaration
by the requesting party, and if there are known defaults, specifying the nature thereof in
reasonable detail; (ii) whether this Declaration has been assigned, modified or amended in any
way by it and if so, then stating the nature thereof in reasonable detail; (iii) whether this
Declaration is in full force and effect; and (iv) such other matters concerning this Declaration
and the status of payment and performance hereunder as are reasonably requested.
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Such estoppel certificate shall act to estop the issuer from asserting a claim or defense
against a bona fide encumbrancer or purchaser for value to the extent that such claim or defense
is based upon facts known to the issuing party as of the date of the estoppel certificate which are
contrary to the facts contained therein, and such bona fide purchaser or encumbrancer has acted
in reasonable reliance upon such estoppel certificate without knowledge of facts to the contrary.
Except as provided in the immediately preceding sentence, the issuance of an estoppel certificate
shall in no event subject the issuer to any liability for the negligent or inadvertent failure of the
issuer to disclose correct and/or relevant information, nor shall such issuance be construed to
waive any rights of the issuer to perform an audit or obtain an adjustment with respect to
Common Area Maintenance Costs for any year it is entitled to do so.
Section 14.07 The restrictions imposed, the easements declared, and the obligations set
forth herein will run with the land and will burden and benefit the burdened Parcels ("Burdened
Parcels") and the benefitted Parcels ("Benefitted Parcels"), as the case may be, and will inure to
the benefit of Declarant and its successors and assigns forever. The future owners of the Parcels,
or portions thereof, will acquire and be bound by the restrictions, easements and obligations,
respectively.
Section 14.08 The owner of a Parcel benefitted ("Benefitted Parcel Owner") by each
easement herein established will indemnify and hold harmless the owners of the corresponding
burdened Parcels ("Burdened Parcel Owner") from any liability, cost or expense, including
reasonable attorneys' fees, resulting from or incident to the use and occupancy of the easement
by the Benefitted Parcel Owner, or by those claiming thereunder, unless caused solely by the
negligence or willful misconduct of the Burdened Parcel Owner. In addition, the Benefitted
Parcel Owner will indemnify and hold harmless the owners of the corresponding Burdened
Parcels from any and all injuries and damages to property or improvements of the Burdened
Parcel Owner directly or indirectly resulting from the use of the easement by the Benefitted
Parcel Owner,
Section 14.09 Neither the Declarant (nor its trustees), the members of the ACB, or the
Directors of the Association, shall have any liability to any Owner, or any person claiming by or
through an Owner, or to any Permittee or occupant of any Parcel, except for willful or intentional
misconduct.
Section 14.10 Intentionally Omitted
Section 14.11 During the Period of Declarant Control and subject to the provisions and
restrictions of Sections 1.14 and 1.32, the Declarant reserves the right, in its sole discretion, to
further restrict the scope or location of any easements established or reserved in this Declaration
by recording in the Clerk's Office a Supplementary Declaration to that effect.
Section 14.12 This Declaration does not create any easements or rights for the benefit of
any person, persons, entity or entities not herein expressly made a beneficiary of such easements,
and the rights and privileges created hereby shall only run to the beneficiaries named herein and
their successors in interest.
31
Section 14.13 Except as otherwise provided herein, each easement herein declared will
last in perpetuity and may only be terminated by a written instrument describing the easement to
be terminated, providing for such termination and executed by the owners of the Parcels
benefitted and burdened by such easement, together with their mortgagees, if any, and recorded
in the Clerk's Office, in which case such easement will thereupon automatically terminate and be
of no further force of effect.
Section 14.14 The Owner of any Benefitted Parcel agrees that it will not use the
easements for purposes other than as permitted herein and will at all times comply with all safety
rules and regulations promulgated by Governmental Authorities having jurisdiction or authority
over the easements.
Section 14.15 The provisions of the Governing Documents are severable. If any term,
covenant or condition of the Governing Documents or the application thereof to any person or
circumstances will to any extent be invalid or unenforceable, the remainder of the Governing
Documents or the application of such terms, covenants or conditions to persons or circumstances
other than those as to which it is held invalid or unenforceable, will not be affected thereby and
each term, covenant or condition of the Governing Documents will be valid and be enforced to
the fullest extent permitted by law.
Section 14.16 In the event the Owner of any Parcel dedicates to the applicable
Governmental Authority a sanitary sewer line, storm sewer line or other utility or improvement
that is the subject of an easement granted or reserved hereby, such easement will automatically
terminate and the Owners of the other Parcels agree to execute a quitclaim deed or other
appropriate instrument reasonably necessary to evidence such termination.
Section 14.17 Any notices required or permitted to be given under the Governing
Documents shall be given in writing to the then Owners of the Parcels at such addresses as they
have provided to the Association and shall be deemed given when (i) hand delivered by personal
delivery; (ii) one (1) business day after pickup by nationally recognized overnight courier for
next day delivery; or (iii) when received by registered or certified mail (return receipt requested,
first-class postage prepaid), in any case addressed to the parties as follows:
As to Declarant: Trustees of the Post Office Land Trust
Attn: Charles Wm. Hurt
195 Riverbend Drive
Charlottesville, VA 22911
Telephone: (434) 979-8181
Fax: (434) 296-3510
or in each case to such other address as any Owner may from time to time designate to the
Association by notice given pursuant to this paragraph. The Association upon request of an
Owner shall provide the relevant Owner address information contained in its file.
32
Section 14,18 Notwithstanding anything to the contrary contained in the Governing
Documents or in any Supplementary Declaration, Declarant hereby reserves and is granted: the
right and power to execute and record or file technical amendments to the Declaration, any
Supplementary Declarations as well as the right to terminate any Supplementary Declaration, for
the purpose(s) of correcting spelling, grammar, dates, typographical errors, or as may otherwise
be necessary to clarify the meaning of any provision(s) of any of such documents; and, subject to
the provisions and restrictions set forth in Section 1. 14, 1.16 and 1.32 hereof, the right and power
to execute and record or file special amendments to this Declaration, any Supplementary
Declarations, the Articles of Incorporation, and/or the Bylaws, in order to comply with any
requirements of any of the Agencies or to induce any of the Agencies to make, purchase, sell,
insure or guarantee any first lien deeds of trust on Parcels.
Section 14.19 This Declaration, subject to the provisions and restrictions set forth in
Sections 1.14, 1.16 and 1.32, may be amended any time by recordation of an instrument in the
Clerk's Office signed by the Declarant and the Owners of Parcels with at least 67% of the then
voting rights in the Association, agreeing to such amendment, modification, or termination.
Notwithstanding the foregoing, (i) as long as Declarant owns any Parcel, Declarant may, subject
to the provisions and restrictions set forth in Sections 1.14, 1.16 and 1.32, unilaterally amend
this Declaration in its sole discretion, and (ii) no amendment, modification, or termination which
would affect any rights reserved herein in favor of Declarant shall be effective unless joined in
by Declarant or its successors and assigns. The provisions (i) and (ii) of this Section are intended
to be superior to the rights reserved to Declarant in Section 14.18.
Section 14.20 This Declaration shall be construed and governed under the laws of the
Commonwealth of Virginia,
Section 14.21 This Declaration may be executed in multiple counterparts.
(Signatures appear on the following page.)
33
WITNESS the following signatures and seals upon due authority:
DECLARANT:
Charles Wm. Hurt, as Trustee of the
Post Office Land Trust
v 1.
S irley L. isher, as Trustee of e
Post Offi e Land Trust
BANK:
First Community Bank, N.A.
By:
Its:`
TRUSTEE:
C. William Davis, Trustee under Deed of Trust
COMMONWEALTH OF VIRGINIA
GHI-�OUNTY OF �_ [12 , to -wit:
The foregoing instrument was acknowledged before me this 4V'�'day of
2005, by Charles Wm. Hurt, as Trustee of the Post Office Land Trust.
My Commission expires: 1 �_l
tol�, .# w
Public
34
COMMONWEALTH OF VIRGINIA
911-WOUNTY OF , to -wit:
The foregoing instrument was acknowledged before me this day of
ems, 2005, by Shirley L. Fisher, as Trustee of the Post Office Land Trust.
My Commission expires: t , Q�Ml
`"`�OF
CrFY/COUNTY OF% , to -wit:
The foregoing instrument was acknowledged before me this �ulay of
4 , 2005, by ,��� e� , as
of First Community Bank, N.A., on its behalf.
�I�IAQQ Fires �� 0
NOTARY PUBLIC
STATE OF WEST VIRGINIA i
PATRICIA J. HOSERT5
RT. S. Bax 72
ol9tlEFIEtO, WV 7
corsrossion expas January
W. 2015 Notary Pub
W e5 .r
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF rn e r -u r , to -wit:
The foregoing instrument was acknowledged before me this day of
5exfe,m -k y , 2005, by C. William Davis, Trustee under Deed of Trust.
M Commission expires:
OFFICIAL SEAL
N F.'`r PPUBLICPUBLICn ,
4� .i 9 STArF O<)F � YJr 5T VrFiOINrA
MA lY G. WYRICK
RT. 4, DO,', 161
Notary Public
BLUE-PELD, WV 24701
My cammission MOMS October 20, 2014
IkMk011E1USER FIIesIJMBI A JON- 9-21-05 GLEAN VER.doc
35
EXHIBIT A
Legal Description of Property
PARCEL ONE:
All that certain tract or parcel of land, with all rights and appurtenances thereto,
situated in Albemarle County, Virginia, fronting on Timberwood Boulevard,
containing 28.60 acres, more or less, shown on a plat by Rivanna Engineering &
Surveying, PLC, dated February 8, 2005, recorded in the Clerk's Office of the
Circuit Court of the County of Albemarle, Virginia, in Deed Book 2918, Page
281; and
BEING a portion of the property conveyed to Charles Wm. Hurt and Shirley L.
Fisher, as Trustees for the Post Office Land Trust pursuant to the terms of a
certain land trust agreement dated October 27, 1997, by deed from Joseph W.
Wright, Jr., dated November 3, 1997, recorded in the aforesaid Clerk's Office in
Deed Book 1661, Page 116; and by deed from S -V Associates, a Virginia
Partnership, and M. Clifton McClure and Robert M. Callaghan, as Trustees of the
One -Ninth Land Trust, dated September 30, 2004, and recorded in the aforesaid
Clerk's Office in Deed Book 2890, Page 696; and by deed from Birckhead, LLC,
a Virginia limited liability company, dated December 30, 2004, and recorded in
the aforesaid Clerk's Office in Deed Book 2904, Page 65.
PARCEL TWO:
All those certain tracts or parcels of land, with all rights and appurtenances
thereto, described as Lot A, containing 1.31 acres, more or less, Lot B, containing
1.79 acres, more or less, Lot C, containing 1.92 acres, more or less, and Open
Space 1, containing 1.74 acres, more or less, all in Block Cl, as shown and
designated on a plat of Hollymead Towncenter Block C1 prepared by Rivanna
Engineering & Surveying, PLC, dated August 9, 2004, revised January 17, 2005,
and recorded in the aforesaid Clerk's Office in Deed Book 2916, Page 22.
BEING a portion of the property conveyed to Charles Wm. Hurt and Shirley L.
Fisher, as Trustees for the Post Office Land Trust pursuant to the terms of a
certain land trust agreement dated October 27, 1997, by deed from Joseph W.
Wright, Jr., dated November 3, 1997, recorded in the aforesaid Clerk's Office in
Deed Book 1661, Page 116; and by deed dated December 22, 2003, from River
Heights Associates Limited Partnership, recorded in the aforesaid Clerk's Office
in Deed Book 2672, Page 727.
\\MkO11ElUSER Fiies\DPJ\CACIWPDATAIHURTICURR.MAT\Hollymead Town Ctr-pd-Exhibit A.doc 10/6/45
l :00 PM
Holl
Are-,
Chaj
EXHIBIT B
Route 29
N*
EXHIBIT C
Proffers
EXHIBIT C
ZMA 01-20
PROFFERS .
Hollymead Town Center Area C
July 25, 2003
TAX MAP 32, Parcels 41D, 43A, 44, 45, 46
37.1 Acres
Pursuant to Section 33.3 of the Albemarle County Code (the "Code"), the owners, or
their duly authorized agents, hereby voluntarily proffer the conditions listed below which
shall only be applied, except as specifically set forth herein to the area identified as Regional
Service Area C on the Application Plan, (defined below) comprising all or some of the above
referenced tax map parcels (the "Property").
These conditions are proffered as part of the requested zoning and it is agreed that: 1) the
rezoning itself gives rise to the need for the conditions; and 2) such conditions have a
reasonable relation to the rezoning request:
1. Development shall be in general accord with the Application plan entitled Rezoning
Application Plans for Hollymead Town Center Regional Service Area C, (Sheets A-1, A-
2; .only), prepared by Rivanna Engineering & Surveying, PLC, revised, last revised, July
7, 2003 ("Application Plan"). The standards of development and central features and
major elements within the Property essential to the design of the development shall be in
general accord with the Block Exhibit, the Code of Development's Narrative, and the
Code of Development's tables and appendices set forth in the attached Application
Booklet, entitled "Hollymead Town Center, Application Booklet, ZMA 01-20 (Area C)."
The Owners have presented, as part of their rezoning application, a number of conceptual
plans and illustrations for various purposes, but principally to provide justification for the
rezoning actions they are seeking. Unless specifically referenced in these proffers, all
plans and illustrations submitted as part of Applicant's rezoning application, other than
the Application Plan as defined above, shall be deemed illustrative only, and such plans
and illustrations shall not be deemed proffers. The Owners reserve the right to
reconfigure the internal block improvements, consisting of buildings, parking and drive
aisles and drive-through window features and as shown on the Application Plan in order
to: i) comply with conditions imposed by Special Use Permits, and u) assure compliance
with ARB requirements iii) and provide all necessary storm water management and
BNIP's as necessary.
2. The Owners of Area C, as shown on the Application Plan (the "Owner") shall cause
completion of the following road improvements that shall be roads constructed to VDOT
standards and either be accepted by VDOT or be bonded for VDOT's acceptance as
follow:
A. Construction of Tunberwood Boulevard, as depicted on the Application Plan
and further described as follows: i) from the intersection at US Route 29 to a new
terminus within Hollymead Town Center that is shown at the extension of the
ZMA 01-020
Hollymead Town Center Area C
VDOT future road improvement project of Airport Road, this will provide the
connection to Airport Road from Route 29 as previously proffered as part of
ZMA-94-08. The constructed improvements shall include two Eastbound lanes in
conjunction with the improvements designed for TM 32 Parcels 41D 1 and 41A to
the first dual lane roundabout at access road B and Westbound lanes of dual left
lanes, one thru lane and one continuous right turn lane from the roundabout at
access road B to the intersection with Route 29, from the roundabout at access
road B a two lane section shall be constructed to the VDOT extension, with
additional turn lanes at intersections located in Area C pursuant to road plans
approved by the Virginia Department of Transportation ("VDOT") and the
County as part of the Area C site plan.
B. Construction of dual left turn lanes at the intersection of Route 29 and
Timberwood Boulevard, from northbound Route 29 into Timberwood Boulevard.
The turn lane and taper lengths will be determined with final road plans to be
reviewed and approved by VDOT.
C. Signalization at Timberwood Boulevard and Route 29 shalt include
reconstruction at the Forest Lakes Subdivision entrance location, as scheduled in
coordination with VDOT. All turn movements shall be signaled at the
intersection of Route 29 and Timberwood Boulevard, as approved by VDOT.
The existing intersection exiting Forest Lakes shall be reconstructed to maintain
the dual left lanes, the continuous right turn, lane and add a through lame according
to the final design in the. previous paragraph.
D. The' Owner proffers to dedicate land and construct a third through lane on
Route 29 (consisting of lane width, shoulder and drainage improvements)
southbound from the entrance road, (Timberwood Boulevard) at the Property's
Northern boundary. The Owner also shall dedicate land or cause to be dedicated
and construct: i) a continuous through. lane 500 -feet to the Southern boundary of
Area C, u) a taper lane consisting of a 200 foot taper beginning at the Southern
boundary and Route 29 (in the event area B is not rezoned and their proffers
accepted), and iii) a continuous right turn lane starting at the right -in at the
Northern boundary of TM 32 Parcel 41 A to the right -in at the Southern entrance
of Area C. .
E. Construction of one additional continuous right turn Northbound lane starting
1090 feet south of Timberwood Boulevard at the location of the beginning of the
turn and taper of Worth Crossing and Route 29; and terminating at Timberwood
Boulevard.
F. Access Road C, between Area A and its intersection with Timberwood will be
built or bonded before the issuance of the first certificate of occupancy within
Area B. If bonded, the road will be constructed for acceptance by VDOT within
one year of the first certificate of occupancy.
2
ZMA-01-020
Hollymead Town Center Area C
The road improvements listed in proffer 2A, 213, 2C, 2D, 2E and 2F above shall
be constructekin accordance with road plans submitted by the Owner and
approved by VDOT. All of the foregoing improvements shall be i) constructed to
VDOT design standards pursuant to detailed plans agreed to between the
Applicant and VDOT, and ii) accepted by VDOT for public use or bonded for
VDOT's acceptance as a condition for issuance of any certificate of occupancy
for Area C improvements (except as otherwise provided in proffer 2k). The
width, length, location, (inside median or outside existing pavement), type of
section (e.g., urban vs. rural), and geometrics of all lame improvements shall be as
required by VDOT design standards and detailed plans submitted by the Owner
and approved by VDOT.
3. All road improvements listed in proffer 2 -above shall be substantially completed prior to
the issuance of the first Certificate of Occupancy in Area C; notwithstanding the
foregoing, the road proffers described in proffer 2 above shall be satisfied if the Owner
has submitted plans for all such road improvements for review by VDOT, and although
such improvements are not fully completed by the issuance of a Certificate of Occupancy
for Area C, sufficient bond has been supplied to satisfy all costs to complete such
improvements in accordance with plans approved by VDOT. Substantially complete for
the purposes of these proffers shall mean approved sub -base gravel, curb and gutter,
intermediate surface and necessary storm water management improvements and
satisfactory completion of road improvements required for public safety, and
signalixation; but shall not include final activated signals which are subject to testing and
synchronization according to VDOT inspection. All proffers to make road improvements
contained in proffer 2 of these proffers are conditioned upon VDOT's approval of an
entrance permit at the Timberwood Boulevard intersection with Route 20 as shown on
the Application Plan. The Owner shall submit to VDOT plans for such road
improvements within 30 days of the rezoning and shall diligently pursue such approvals
from VDOT.
4.. Upon request of the County, the Owner shall contribute $10,000.00 to the County or
VDOT for the purposes of funding a regional transportation study for the Route 29
Corridor. The $10,000.00 contribution shall be made within 30 days after requested by
the County after the first final site plan or subdivision plat is approved in Area C and, if
not expended for such purposes within three years from the date the funds were
contributed, such funds shall be refunded to the Owner.
5. The Owner shall contribute $200,000.00 (the "total contribution") to the County for the
puipose of funding capital improvements related to the'Hollymead Town Center. The
contribution shall be paid as follows: $100,000.00 shall be contributed to the County
within 30 days after the first final site plan or subdivision plat containing dwelling units
is approved in Area C; the remainder of the contribution shall be paid on a pro rata basis
at the time a certificate of occupancy is issued for each dwelling unit; the pro rata
contribution shall be based upon the number of dwelling units approved as part of the
first final site plan or subdivision plat. If five years after the date of approval of the first
final site plan or subdivision plat the total contribution has not been fully paid, the Owner
ZMA-01-020
Hollymead Town Center Area C
shall contribute the unpaid balance within 30 days upon the request of the County. if the
fund is not exhausted within 10 years from the date the last contribution is made, such
unexpended funds shall be refunded to the Owner_
6. Upon the request of the County, for any parcel used for non-residential purposes in the
portion that is currently zoned Light Industry that will be rezoned to PDMC the Owner
shall petition for and consent to a Community Development Authority ("GDA")
established pursuant to Section 15.2-5152, et seq. of the Code of Virginia C'Code"} to he
created for the purpose of financing, funding, planning, establishing, constructing,
reconstructing, enlarging, extending or maintaining Route 29 and roads and other
improvements associated therewith, which shall include, but may not be limited to
improvements to Route 29 from the South Fork of the Rivanm River to Airport Road, the
extension of Ridge Road as depicted on the Master Plan, to the South and across the
Rivanna River to connect to Berkmar Drive.
Submitted as of the 25th day of Tiny 2003, by: Post Office Land Trust
By:
Charles W. Hurt, Trustee
0
r
.�
u
By:
Shirley L. Fis r, Trustee
1
COUNTY OF Ai BEMARLE
Department of Building Code and Zoning Services
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4595
FAX 0134) 9724125
September 8, 2003
Katurah Roell
Virginia Land Company
195 Riverbohd Drive
Charlottesville, VA 22911
TELEPHONE (434) 295-5832
RE: ZMA-2001-020 Hollymead Town Center Area C
Tax Map 32, Parcels 41 D, 43A, 44,45 and 46
Dear Mr. Roell:
TTD (434) 972-4012
There is a typographical error in the proffers for this rezoning. Proffer #3 refers
to an entrance permit at the Timberwood Boulevard intersection with, Route 20.
This should be read as Route 29. Please file this letter with your copy of the
jo proffer. No further action is required.
•
Please contact me if you have questions.
Sincerely,
/ A;:��
John Shepherd
Manager of Zoning Administration
COPIES: Amelia McCulley, Zoning Administrator; Janice Farrar, Planning
Assistant; Greg Kamptner, Assistant County Attorney; Melvin
Breeden, Director of Finance, Ella Washington Cary, Clerk to the
Board of Supervisors..
CAFiles\Proffers\Hoilymead C Typo correction.doe
EXHIBIT D
General Locations of Monument Signs
IIMk011E\USER FiJes1JMB\WPDATAtiHUR R1433DECLARATION- 9-21.05 CLEAN VER.doc
Exhibit D
Hollymead Town Center
Area C - Monument Sign Location
Charlottesville, Virginia
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RECORDED IN CLERKS OFFICE OF
ALBEMARLE ON
October 12,2005 AT 10:15:29 AM
$0.00 GRANTOR TAX PD
AS REQUIRED BY VA CODE §58.1-802
STATE: $0.00 LOCAL: $0.00
ALBEMARLE COUNTY, VA
SHf LBY MARSHALL CLERK CIRCUIT COURT
0 Ahe EDC--