Loading...
ZMA200700013 ProffersPROFFER STATEMENT FONTAINE RESEARCH PARK Date: August 25, 2010 ZMA #: ZMA- 2007 -013 FONTAINE RESEARCH PARK Tax Map and Parcel Numbers: 76 -176, 76 -17BA, 76 -171313, 76- 1713(1), 76- 17B(2), 76- 176(3), 76- 178(4), 76- 17B(5), 76- 176(6), 76- 17B(7), 76- 17B(8), 76- 17B(9), 76- 178(X), and 76- 17B(W). 53.52 Acres to be rezoned from Commercial Office (CO) to Planned Development Mixed Commercial (PD -MC) Pursuant to Section 18 -33.3 of the Albemarle County, Virginia Code (the "Code "), and consistent with the Water Protection Ordinance, or "Ordinance" (Chapter 17 of the code) the Owners (as defined below), or their duly authorized agents, hereby voluntarily proffer the conditions listed below which shall be applied to the above - referenced parcels. The proffers contained herein amend, restate and supersede all previous proffers pertaining to the above - referenced parcels. Any previous proffers applicable to such parcels have either: i) been fully satisfied, ii) are no longer applicable, or iii) have been incorporated in their entirety into these proffers. These conditions are proffered as part of the requested zoning (ZMA 2007 -013) and it is agreed that: 1) the rezoning itself gives rise to the need for the conditions; 2) such conditions have a reasonable relation to the rezoning request; and 3) all such conditions are in conformity with the Albemarle County Comprehensive Plan. The Applicant of ZMA 2007 -013 is the University of Virginia Foundation (the "Applicant "), successor to the University of Virginia Real Estate Foundation, which is successor to UREF Research Parks, Inc. The owners of parcels of land within the Fontaine Research Park include the University of Virginia Foundation, the University of Virginia Health Services Foundation, and the Rector and Visitors of the University of Virginia (collectively, the "Owners "). 1. Proffer number 1 from ZMA 2000 -04 has been satisfied. 2. The Application Development Plan prepared by Dewberry & Davis LLC, dated May 3, 2010 and attached hereto as Exhibit D -1 shall serve as the Application Plan required by the County Zoning Ordinance (the "Application Plan "). The Application Plan replaces in its entirety all previously proffered plans and exhibits. 3. Proffer number 3 from ZMA 2000 -04 has been satisfied. 4. The University of Virginia Foundation has constructed a pedestrian system within the Research Park, in conformance with the system shown on the Application Plan for improvements completed as of the date of this Proffer Statement. Future buildings within the Research Park shall include the construction of a pedestrian system in conformity with the Application Plan. Specific features for conformity shall include pedestrian connection from buildings to other buildings, parking areas and amenity areas, and shall be completed at the time that such buildings are completed. 5. Total development on the site shall not exceed 875,000 square feet of gross floor area. 6. The University of Virginia Foundation shall maintain the existing landscaped planting area along Fontaine Avenue. The width of the existing planting area shall not be reduced. Any portion of the planting area disturbed by permitted construction shall be replaced upon completion of construction of the permitted improvement, or as otherwise permitted by the County's Director of Community Development or -his /her designee. The installation of a pedestrian path and /or stairs through the planting area may be approved by the County's Director of Community Development or his /her designee. Replacement planting to compensate for any disturbed planting area shall be subject to approval of the County's Director of Community Development or his /her designee. 7. Strict architectural and landscape architectural guidelines and restrictions shall continue to govern the design and construction of all buildings and parcel specific site. development. Such architectural guidelines and restrictions shall be applied and enforced in accordance with the Declaration of Protective Covenants and Restrictions for the Fontaine Research Park, dated January 20, 1993, and recorded at the Clerk's Office of the Circuit Court of the County of Albemarle, Virginia, in Deed Book 1286, page 604. 8. Intentionally Omitted. 9. Proffer 9 from ZMA 2000 -04 has been satisfied. 10. The University of Virginia Foundation has adopted an updated Transportation Demand Management Plan (TDM) for the Fontaine Research Park (such plan is dated October 2008), and shall continue to implement the TDM for the Research Park. The TDM incorporates traffic reduction amenities (such as pedestrian access as depicted on the Application Plan), facilitating employer traffic reduction measures and promotion of educational programs. 11. In satisfaction of proffer 11 from ZMA 2004 -010, the University of Virginia Foundation has constructed at its expense a bus shelter located in the Research Park that is maintained by the Owners under a common maintenance agreement. 2 12. Transportation Improvements. Prior to the issuance of a certificate of occupancy that would authorize the aggregate gross floor area within the Fontaine Research Park to exceed 565,000 square feet, the University of Virginia Foundation shall engineer, design and construct the following road improvements pursuant to road plans approved by the Virginia Department of Transportation ( "VDOT ") and the Albemarle County Department of Community Development, as applicable, and such improvements shall be bonded according to County requirements. Such improvements are depicted generally on the exhibit entitled "Fontaine Research Park, Albemarle County, Virginia" prepared by Kimley -Horn and Associates, Inc., and attached hereto as Exhibit A. A. Fontaine Avenue /U.S. Route 29 Bypass Southbound Ramps Intersection: 1. Install a traffic signal and construct additional lanes at the Fontaine Avenue /U.S. Route 29 Bypass Southbound Ramps intersection according to one of the two options below to be approved by VDOT at the time of signal design and construction. a. Construct an additional westbound lane on Fontaine Avenue from the northwestern corner of the northbound ramps intersection to- the southbound ramps intersection to provide a shared through and left -turn lane. Restripe the existing westbound lane as an exclusive left -turn lane to provide dual left -turn movements onto the southbound ramp. Both lanes will provide full -width storage between the northbound and southbound ramps intersections. Widen the southbound on -ramp to receive dual left- turns, and add a merge section to reduce the two lanes to one lane. Reconstruct the pavement between the northbound and southbound ramps and under the bridge. Install a traffic signal to operate with split - phasing and interconnect with other study area traffic signals (these improvements are depicted on Figure 1A of Exhibit A); OR b. Construct an exclusive left -turn lane on the westbound approach by modifying the existing median to provide back -to -back left -turn lanes with the eastbound left -turn lane at the U.S. Route 29 Bypass Northbound Ramps intersection. Construct an additional westbound lane on Fontaine Avenue from the northwestern corner of the northbound ramps intersection to the southbound ramps intersection to provide an exclusive westbound through lane. Restripe the existing westbound lane as an exclusive left -turn lane to provide dual left -turn movements onto the southbound ramp with the addition of the new left - turn lane. Widen the southbound on -ramp to receive dual left- turns, and add a merge section to reduce the two lanes to one lane. Reconstruct the pavement between the northbound and southbound ramps and under the bridge. Install a traffic signal to operate with standard left -turn 3 phasing and interconnect with other study area traffic signals (these improvements are depicted on Figure 18 of Exhibit A). B. Fontaine Avenue /U.S. Route 29 Bypass Northbound Ramps Intersection 1. Re- stripe the westbound approach to provide one exclusive through lane and one shared through and right -turn lane. This will require widening the westbound lanes between the northbound and southbound ramps and under the bridge to two (2) lanes as noted above. C. Fontaine Avenue /Ray C. Hunt Drive Intersection 1. Extend the northbound right -turn lane southward, to the Ray C. Hunt Drive /Ray C. Hunt Drive intersection to the south. 2. Extend the outside westbound through lane on Fontaine Avenue to a point that is 350' east of the intersection. 13. Prior to the issuance of a certificate of occupancy that would authorize the aggregate gross floor area within the Fontaine Research Park to exceed 565,000 square feet, the Owner shall design and construct approximately 200 feet of sidewalk meeting or exceeding the applicable minimum VDOT standards and located on the south side of Fontaine Avenue in the section between Stribling Avenue Extended and extending east to the City of Charlottesville boundary thereby completing the sidewalk construction of the vacant sidewalk area between two existing adjacent sidewalks. 14. Sunset Avenue /Fontaine Avenue Connector Road. A. Future expansion of the Fontaine Research Park beyond the 875,000 square feet of gross floor area permitted by ZMA 2007 -013 will likely require a second entrance into the Fontaine Research Park. This entrance would be generally located in the area shown as "Area Reserved for Future Secondary Entrance /Future Connector Road Alignment" on the Application Plan, and would be constructed to manage Research Park related traffic (the "Future Secondary Entrance Segment "). B. If the Sunset Avenue /Fontaine Avenue Connector Road, which provides the connection between Sunset Avenue and Fontaine Avenue, (the "Connector Road ") is to be constructed in the approximate alignment identified as "Alternative 4" in the report entitled "Southern Urban Area B Final Report" dated September 10, 2004, the Owner shall design and construct at its expense the segment of the Connector Road within Fontaine Research Park in the general location shown on the Application Plan as "Area Reserved for Future Secondary Entrance /Future Connector Road Alignment" (which would include the Future Secondary Entrance Segment), beginning at the point where the Connector Road would intersect with Fontaine Avenue, and extending south to the n u point within Fontaine Research Park where it would intersect with the foot of a bridge across, or tunnel under, the railroad tracks (the "UVAF Segment "), as follows: 1. Design and construction standards: The UVAF Segment shall be designed and constructed to the same design and construction standards approved by VDOT for the segment of the Connector Road not within the Fontaine Research Park. 2. Timing of commencement and completion of construction: The Owner shall commence construction of the UVAF Segment to the standards in paragraph 14(B)(1) when construction of the Connector Road, in its entirety, including any bridge or tunnel necessary for completion thereof, not within the Fontaine Research Park, has commenced. Completion of construction shall be concurrent with completion of the remainder of the Connector Road in its entirety, unless the completion date for the UVAF Segment is extended in writing by the Director of the Department of Community Development. 3. Upgrading: Prior to the Owner's obligation to commence the desigmand construction of the UVAF Segment as provided in paragraph 14(8)(2), the Owner may construct an entrance from Fontaine Avenue and /or a travelway within the UVAF Segment to standards approved by the County but which may not satisfy the standards in paragraph 14(B)(1); provided that such an entrance and /or travelway within the UVAF Segment shall be replaced, reconstructed or upgraded (collectively, "upgrading ") to the design and construction standards in paragraph 14(B)(1) and the upgrading shall be completed by the deadline established in paragraph 14(6)(2). C. In the event that the Connector Road is to be constructed in an off -site location outside of the boundaries of the Fontaine Research Park, the Owner shall contribute funds toward the design and construction of the Connector Road that are equivalent to that which the Owner would have spent to construct the portion of the UVAF Segment that is not part of the Future Secondary Entrance Segment. The value of the portion of the UVAF Segment that is not part of the Future Secondary Entrance Segment shall be determined based on a reasonable cost estimate by a licensed engineer and /or construction cost estimator agreed upon by the Owner and the County. The reasonable cost estimate shall be based on Conceptual Drawings showing typical cross section and terrain, prepared by the Owner at its expense and approved by the County Engineer. [Signature page immediately follows] 5 UNIVERSITY OF VIRGINIA FOUNDATION on behalf of itself, THE UNIVERSITY OF VIRGINIA HEALTH SERVICES FOUNDATION and THE RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA By:�(12, Tim R. Rose, Chief Executive Officer COMMONWEALTH OF VIRGINIA, CITY /COUNTY OF 142� , to -wit: The foregoing instrument was acknowledged before me this 2 644--day of 41USL-- , 2010, by Tim R. Rose, Chief Executive Officer of the University of Virginia Foundation and agent for University of Virginia Health Services Foundation and the Rector and Visitors of the University of Virginia. My Commission expires: MQ 20 /I A.&W--itw Notary Public Notary registration number: 7490134_7.DOC ., i `1i1i A IM. CARTER °1� two C K I- i ------------ NOTES: ,r /7 \� \�,/ // / / / //- _ / / /' _� _ /r - - -�•� N/ANVEAVENUE — l ". L-- I. MIMMIIM YARD RfOUIFfMEN2AOPoF110NOE SREERMAN IFFI FROM ANYREUCSIPFfl 14. OQ J\ i ( G = W //y� < \ {� I T. PROPOSED PARpNG ENVELOPEfMAYBf SURFACE ✓ \�" // / l / I ! / / i ./ q Qp' a' / Ij, OR SFR=M. PNWAV. � pp Q' N Ri c '� b I.: x .swfwALRS Snu mNNEr.INnomaxPARlalr, °a ij �) I' MAP KEY �MOREYCREFK FLOODPWN NON -TIDAL WEFIANDS CONSERVAIgNAREA PRESERVARONAREA BUILDING ENVELOPE p ES \ I I I I ©PARKING ENVELOPE 1p o o I / J� /t f / (��� 9 `� 8p • tl O ( �`�C? , O I 1 ', 1, i \ r7 I CI] CAREA RESERVED F O FMRE SECONDARY PARK ENTRANCE WOODED /� /. .: n/ c \, o °pp P' AREA •o ° o o° o o ° /\ \ I �EmA.<blanb. efi \ PmPasm:avq- ro-re vo ° o - l l I l Y l �J fecnv DU- Fe -ml �j l I ,i ' 9 9m o 0,. /\ p. op .� QP �y `oo o° I i Pro POSea.werwdcualo.aoo..esF mp roldcu eix000. -Dv �o� �Jx a. 1, y� /i I \ oa �yJr Rp MOREY'CREE `�,` +° a Q��� �a - FLOODIPDAIN ° < (FROM PRA}MAPx \1 \� �00 / (� °e JJe N✓OODED .. slooxcoRa DJ C, !' c" b° yJ�`!; ( J EA MOREY FONTAINE RESEARCH PARK NONJIDAL EXHI BIT D 1 APPLICATION PLAN SCALE: 1"200' 3MAY2010 _ -. fI \\ EX.\S7REA' ! " "// EXISTING �; UNIVERSnYYofVIRGINIA. l 1' i'' / SiRIBLING AVE.I ' `1 FOUNDATION o' 200' goo' ' \I {1 /.i.�dll NgNfTIDAL / _ —� -- =\! I Scale D6Wb6=sy : 1 " - -200' fl d / -. - r-- gr h \ /� ! —� ...i- .�,,,,a,. t 'Y ' ! t tom. # - g ; T'tiA` i1 S�^�•_rt'',. i; �r +j?'� ^4 t �''�i�t 1 iv T9 . r ';VTr4 -iy,�.�,y` t; • ,- �'� � �L �,�.` {,�,. ��'� !,c ,. +; 1 t+ �! �! +? a�11 �i tf.t f +� ti • ptr 'tt �.1 .>t. .,J !'. '^, 3',•. }y t, 1 ik.ti -„ �iR �A ;i:,Fk��� �' }r �h t5 d. +i�r L i" �V ..ri+ fft �+kn v .ei�•j s .r Y'r -: � {t�` +rr�t+ W !} (•,, �"�� ytl 1'•,,:d ?c!,�.%`� '} : tF + .d. t ;kd ; + �, t ',,t�,, nr�p . f t pit }' qt l.eaendl �. y r.. i•; •'�•-�, � rti �'.'T f ;J t..j vti-y '� �,. r. 1j 1',e :, ,1 �. . �f11 u��;.++� -, r P i�. _,. =4,j, a'4 =. ,! r. � ;� � � tb r y , , . t ,� +� ,� ¢�' �'� 9C ! } } •r'. t '1f r � +, 7rvY'v : +�.: ,—> Propps�d mProvem nls 'P. ( 'u v5>. .rsii�{t. �rS iq' >; 3• Q' 1RtP} }'ri •L rY i. •1' i ,�,i + iy r +t 4*" ; install s p t r vS It p �•� lraflic signal hase{ r, +� r.7 '� S y i pp t Vr' ° �t.L.h� rl:r }k�.1 t+ sik4 ar r fir Y, k' 7a'�, ((♦g h d ,.Consjruc M W. ! \lc J i .,}:S r ) �,5;' «;x+ nk t.�, �f~ ZV �1} + + } .'„y +it x.. r� X r '4{ }}�t'' ''1 y S r \, ; �• f :^i Tiµ r '� ?> 7 `sharedlhrough 4i 1 ,vll . 1' sirVe l h•iu IaPe,RO: s ti w ! 94 andleftlarnk?ne ..o' � s ` s� r� RR p q6 , .�Y ,. :2 ,,._ `� < aL � thtnUgh,pt9 ditty � .. e N �, t ;� ++•� ' a tiiF i' " 7 �v' '' n"` �tti� '` 1 v ! r }'�" + i ' •� � , ra 4 "� :. ;�a.'.•fe+' a C,' .r'��. t�tt .wR�� 't � } '� 1s i " t�L al ls de 'a P�Exishndla'� / � i ,n, r� m" '- ..,"""^^ .t,� -*, •. �5� �t��o�u Iane to 35g ` �,k m exdusrvesaco t ..? r -�- _ -• •�.� �. �•�",�" �' N:. •�', ., �• .ratnpp to � :, c r ! ; r - �r� �19d�';�' Y, � (' . Vie: : � � . +:, �.�,,...r -`^;., alto } l l• i a n'4 r I i 5 MExte ght tum �aq-to 4'ti� 't;� 1/x . _% d�. -�� � � ';.s �„-,, r,w qJ• t ?�� + 3� �. �s�i�� ' }S - �k' 9 �,,k. .stir �`-! � !a } ? ! }r•' 1R ii+ t ? �.� 1 - !%1+�K"K 's., 'j�i;i'V'�`itlp�g� � �: }r ex S " x Y � r � � s� t '.� - { ! xgwo ... � "'. r:•, �'a �'� 'S'+ zG ',4 i ' ;� P :; �} fl r ;{'r ,{ c4 7 ..,{ .•,.. •. e° � >i,Ji�' �. v'� 3'f jt,, y f ,! �? jvr � ya .\ ��k•• !. s 1 pr 1,., . a� �� *tr F � y +. '.Fri �� � } � r tr" �'� s {� �l� p }'.. �,r�i✓.;. �.�, F c':5+�-ti 1 �r, r'i r' :�f •° -,t '�� �. ,:r n v_�..'yr��"' iyi t ""n( tiY :i4:�, y + }.,3 'a�-,k ^ 1 1E�, J ... ,. .i � iJ..k .r •' _'`�l�,f`�4r�h _ � !. \, /' . , r`% ;TF k 'rti +., ';. -�Lexmtd- U g� provqT? 3, IM 51 unro0gh laqe' Q--ffi;t4� Extdvd o7sts l "A" Ono jefMolfl ane in median -M— —9% krr pv ; 4 < T " s PROFFER STATEMENT FONTAINE RESEARCH PARK Date: June 21, 2010 ZMA #: ZMA- 2007 -013 FONTAINE RESEARCH PARK Tax Map and Parcel Numbers: 76 -176, 1713(1), 17B(2), 17B(3), 17B(4), 17B(5), 17B(6), 17B(7), 17B(8), 17B(X), and 17B(W). 53.52 Acres to be rezoned from Commercial Office (CO) to Planned Development Mixed Commercial (PD -MC) Pursuant to Section 33.3 of the Albemarle County, Virginia Code (the "Code "), and consistent with the Water Protection Ordinance, or "Ordinance" (Chapter 17 of the code) the Owners (as defined below), or their duly authorized agents, hereby voluntarily proffer the conditions listed below which shall be applied to the above - referenced parcels. The proffers contained herein amend, restate and supersede all previous proffers pertaining to the above - referenced parcels. Any previous proffers applicable to such parcels have either: i) been fully satisfied, ii) are no longer applicable, or iii) have been incorporated in their entirety into these proffers. These conditions are proffered as part of the requested zoning (ZMA 2007 -013) and it is agreed that: 1) the rezoning itself gives rise to the need for the conditions; 2) such conditions have a reasonable relation to the rezoning request; and 3) all such conditions are in conformity with the Albemarle County Comprehensive Plan. The Applicant of ZMA 2007 -013 is the University of Virginia Foundation (the "Applicant "), successor to the University of Virginia Real Estate Foundation, which is successor to UREF Research Parks, Inc. The owners of parcels of land within the Fontaine Research Park include the University of Virginia Foundation, the University of Virginia Health Services Foundation, and the Rector and Visitors of the University of Virginia (collectively, the "Owners "). 1. Proffer number 1 from ZMA 2000 -04 has been satisfied. 2. The Application Development Plan prepared by Dewberry & Davis LLC, dated May 3, 2010 and attached hereto as Exhibit D -1 shall serve as the Application Plan required by the County Zoning Ordinance (the "Application Plan "). The Application Plan replaces in its entirety all previously proffered plans and exhibits. 3. Proffer number 3 from ZMA 2000 -04 has been satisfied. 4. The University of Virginia Foundation has constructed a pedestrian system within the Research Park, in conformance with the system shown on the Application Plan for improvements completed as of the date of this Proffer Statement. Future buildings within the Research Park shall include the construction of a pedestrian system in conformity with the Application Plan. Specific features for conformity shall include pedestrian connection from buildings to other buildings, parking areas and amenity areas, and shall be completed at the time that such buildings are completed. 5. Total development on the site shall not exceed 875,000 square feet of gross floor area. Support commercial uses shall not exceed 20,000 square feet of gross floor area. 6. The University of Virginia Foundation shall maintain a landscaped visual buffer of variable width along Fontaine Avenue. 7. Strict architectural and landscape architectural guidelines and restrictions shall continue to govern the design and construction of all buildings and parcel specific site development. Such architectural guidelines and restrictions shall be applied and enforced in accordance with the Declaration of Protective Covenants and Restrictions for the Fontaine Research Park, dated January 20, 1993, and recorded at the Clerk's Office of the Circuit Court of the County of Albemarle, Virginia, in Deed Book 1286, page 604. 8. Intentionally Omitted. 9. Proffer 9 from ZMA 2000 -04 has been satisfied. 10. The University of Virginia Foundation has adopted an updated Transportation Demand Management Plan (TDM) for the Fontaine Research Park (such plan is dated October 2008), and shall continue to implement the TDM for the Research Park. The TDM incorporates traffic reduction amenities (such as pedestrian access as depicted on the Application Plan), facilitating employer traffic reduction measures and promotion of educational programs. 11. In satisfaction of proffer 11 from ZMA 2004 -010, the University of Virginia Foundation has constructed at its expense a bus shelter located in the Research Park that is maintained by the Owners under a common maintenance agreement. 12. Transportation Improvements. Prior to the issuance of a certificate of occupancy that would authorize the aggregate gross floor area within the Project to exceed 565,000 square feet, the University of Virginia Foundation shall engineer, design and construct the following road improvements pursuant to road plans approved by the Virginia Department of Transportation ( "VDOT ") and the Albemarle County Department of Community Development, as applicable, and such improvements shall be bonded according to County requirements. Such improvements are depicted generally on the exhibit entitled "Fontaine Research Park, Albemarle County, Virginia" prepared by Kimley -Horn and Associates, Inc., and attached hereto as Exhibit A. 2 A. Fontaine Avenue /U.S. Route 29 Bypass Southbound Ramps Intersection: 1. Install a traffic signal and construct additional lanes at the Fontaine Avenue /U.S. Route 29 Bypass Southbound Ramps intersection according to one of the two options below to be approved by VDOT at the time of signal design and construction. a. Construct an additional westbound lane on Fontaine Avenue from the northwestern corner of the northbound ramps intersection to the southbound ramps intersection to provide a shared through and left -turn lane. Restripe the existing westbound lane as an exclusive left -turn lane to provide dual left -turn movements onto the southbound ramp. Both lanes will provide full -width storage between the northbound and southbound ramps intersections. Widen the southbound on -ramp to receive dual left- turns, and add a merge section to reduce the two lanes to one lane. Reconstruct the pavement between the northbound and southbound ramps and under the bridge. Install a traffic signal to operate with split - phasing and interconnect with other study area traffic signals (these improvements are depicted on Figure 1A of Exhibit A); OR b. Construct an exclusive left -turn lane on the westbound approach by modifying the existing median to provide back -to -back left -turn lanes with the eastbound left -turn lane at the U.S. Route 29 Bypass Northbound Ramps intersection. Construct an additional westbound lane on Fontaine Avenue from the northwestern corner of the northbound ramps intersection to the southbound ramps intersection to provide an exclusive westbound through lane. Restripe the existing westbound lane as an exclusive left -turn lane to provide dual left -turn movements onto the southbound ramp with the addition of the new left - turn lane. Widen the southbound on -ramp to receive dual left- turns, and add a merge section to reduce the two lanes to one lane. Reconstruct the pavement between the northbound and southbound ramps and under the bridge. Install a traffic signal to operate with standard left -turn phasing and interconnect with other study area traffic signals (these improvements are depicted on Figure 1B of Exhibit A). B. Fontaine Avenue /U.S. Route 29 Bypass Northbound Ramps Intersection 1. Re- stripe the westbound approach to provide one exclusive through lane and one shared through and right -turn lane. This will require widening the westbound lanes between the northbound and southbound ramps and under the bridge to two (2) lanes as noted above. C. Fontaine Avenue /Ray C. Hunt Drive Intersection 3 1. Extend the northbound right -turn lane southward, to the Ray C. Hunt Drive /Ray C. Hunt Drive intersection to the south. 2. Extend the outside westbound through lane on Fontaine Avenue to a point at least 350' east of the intersection. 13. Prior to the issuance of a certificate of occupancy that would authorize the aggregate gross floor area within the Project to exceed 565,000 square feet, the Owner shall design and construct a sidewalk on the south side of Fontaine Avenue from the edge of the Owner's property to where the sidewalk ends in the City. UNIVERSITY OF VIRGINIA FOUNDATION on behalf of itself, THE UNIVERSITY OF VIRGINIA HEALTH SERVICES FOUNDATION and THE RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA By: Tim R. Rose, Chief Executive Officer COMMONWEALTH OF VIRGINIA, CITY /COUNTY OF to -wit: The foregoing instrument was acknowledged before me this day of , 2010, by Tim R. Rose, Chief Executive Officer of the University of Virginia Foundation and agent for University of Virginia Health Services Foundation and the Rector and Visitors of the University of Virginia. My Commission expires: Notary registration number: 7490134_3.DOC Notary Public 4 D� D -n zT o m CD C7 ;O o CD C U) Z3 CD - n 0 v CD co m S O CD v CD 7 2 O 7 Q s "TI D � m w �„a� "I y D T CD C o m m ° o CD CD CD 0 cQ m R °' o a m v Q m Q CD o cl)_ m cQ � CD m 0 • 0 0 T � G7 W C ;0 m s