Attachment A

DRAFT

Draft:  9/22/04

 

AGREEMENT GRANTING LICENSE

TO ESTABLISH AND MAINTAIN GREENWAY

 

            THIS AGREEMENT is made this _____ day of July 2003, by and between the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, hereinafter referred to as the “County,” and ________________________________, hereinafter collectively referred to as the “Owners”.

WHEREAS, the Owners are the owners in fee simple of the real property located in Albemarle County that is described below and hereinafter referred to as the “Property;”

WHEREAS, the Owners desire to grant to the County a license to use a portion of the Property, hereinafter referred to as the “Greenway,” for the purpose of establishing and maintaining within the Greenway a public access trail and associated improvements, subject to the terms and conditions stated in this Agreement.

WHEREAS, the parties intend that this Agreement serve as a temporary license to establish and maintain the trail and associated improvements within the Greenway

WITNESS:

 

            NOW, THEREFORE, in consideration of the mutual premises stated herein, the parties agree as follows:

1.         GRANT OF LICENSE.  For and in consideration of ONE DOLLAR ($1.00), cash in hand paid, the Owners hereby grant a license to the County to establish a trail and associated improvements within the Greenway.  The Greenway is a twenty-foot wide linear strip over the existing sewer easement and up to Claudius Crozet Park over the Property described below:

[PROPERTY DISCRIPTION]

 

The location of the Greenway is shown on the attached [plat or aerial photo], and it lies within the area designated as flood plane on the 1980 FEMA maps.

            2.         PURPOSEThe purpose of this Agreement is to allow the County to establish and maintain within the Greenway a segment of the countywide system of greenway trails for pedestrians and bicyclists that will link people to the area’s natural, recreational, cultural and commercial resources.  As part of this system, the trail will serve to protect important and/or sensitive resources, provide recreational and educational opportunities, provide an alternative transportation system, and provide an economic benefit. 

3.         ESTABLISHMENT AND MAINTENANCE IMPROVEMENTS WITHIN THE GREENWAY.   The County shall have the right to establish at its expense the following improvements

within the Greenway:

A.           Trail surfaces, foot bridges and associated trail structures and culverts.  Appropriate trail surfaces (Class A or Class B), foot bridges and associated trail structures and culverts, as it deems necessary.     

B.           Trail markers and signs.  Trail markers and signs along the public access trail and at all points of access, to inform the public of the location of the public access trail, trail features, and applicable rules of use.

C.           Barriers, fences and gates.  Barriers, fences and gates to prevent motorized vehicular access into the Greenway.

D.           Benches.  Benches for the convenience and comfort of the public.

All improvements within the Easement established by the County shall be and remain the property of the County during the term of this Agreement.  If this Agreement is terminated as provided in section 6(A), the County shall remove all trail markers, signs, barriers, fences, gates and benches installed by the County.

4.         RIGHTS OF THE COUNTY ASSOCIATED WITH MAINTAINING THE GREENWAY.  The County may enter the Greenway at all times to inspect, maintain and operate the Greenway as provided herein:

A.           Right of ingress and egress.  The County shall have permission to enter the Greenway at any time for the purpose of inspecting, maintaining and operating the Greenway.

B.           Right to disturb and maintain the Greenway.  The County shall have the right to trim, cut or remove any trees, brush or shrubbery; remove and relocate fences, structures or other obstructions within the Greenway; and take other similar action reasonably necessary to establish, maintain and operate an adequate and fully functioning Greenway; provided, however, that: (1) the County, at its own expense, shall restore as nearly as possible, repair and replace only ground cover disturbed, damaged or removed as a result of establishing, maintaining or operating the Greenway to the extent the restoration or replacement is consistent with its proper maintenance, operation, and use; and (2) after the County establishes the Greenway, no trees having a diameter at breast height of four (4) inches or greater shall be removed, destroyed or cut within the Greenway except to protect public safety, eliminate trees that are either diseased, dying or dead, or is deemed necessary in accordance with standard arborist practices.

C.           Obligation to remove trash and other debris.  The County shall remove from the Greenway all trash and other debris resulting from the establishment, maintenance or operation of the Greenway.

5.         RESTRICTIONS ON USES AND ACTIVITIES WITHIN THE GREENWAY. The County shall have the right to regulate and restrict the uses and activities of the public within the Greenway, and these regulations and restrictions shall include, but not be limited to, the following:

A.        Right of access.  The public shall have a right of access to the Greenway, subject to the right of the County, in its sole discretion, to restrict, regulate or limit the public use.  

B.         Scope of use by the public.  The Greenway shall be used by the public only for the purposes of walking, jogging, running, cross-country skiing, hiking, bicycle riding, horseback riding, nature study, and other uses consistent with the Albemarle County Greenway Plan contained in the Albemarle County Comprehensive Plan.

                        C.         Motorized vehicles prohibited; exception.  Motorized vehicles including, but not limited to, motorcycles, motor bikes, 4-wheel drives, all terrain vehicles, and snowmobiles, shall be prohibited within the Greenway.  The County may permit motor-driven wheelchairs or all terrain vehicles for use by handicapped persons within the Greenway for use on a Class A Trail.

                        D.        Other restrictions deemed necessary.  The County shall have the right to impose any additional restrictions or regulations it deems necessary.

6.         MISCELLANEOUS PROVISIONS.

                        A.        Term of license The term of this Agreement shall be for a period of one (1) year from the date hereof, and shall automatically renew for an additional one (1) year term on the anniversary date.  Either party, however, may terminate this Agreement at any time by giving sixty (60) day’s written notice to the other party of its intent to terminate.

B.         Exclusivity; restrictions.  This license is exclusive and the Owners shall not grant to any other person any license, right, permission, consent or any interest in land that allows the person to occupy or enter the Greenway in a manner inconsistent with the terms of this license; to modify, alter, reconstruct, interfere with, disturb or otherwise change in any way the land or any improvement located within the Greenway; or to construct or maintain any roadway or erect any building, fence, retaining wall or other improvement within the Greenway.

C.         Liability insurance.  The County shall add the Owners to its general liability insurance policy as an additional insured for the County’s operation of the Greenway on the Property.

D.        Hold harmless.  The County shall hold the Owners harmless as provided in Virginia Code § 29.1-509(E).

E.         Modifications. This Agreement may not be modified, except in a writing signed by the parties.

F.         Title, access and authority.  The Owners covenant and warrant to the County that they presently own the fee simple interest in and to the Property and that the Owners are duly authorized and empowered to grant this License.

G.         Entire agreement. This Agreement constitutes the entire agreement between the parties and supercedes any prior understandings or oral or written agreements between the parties respecting the within subject matter.

The County, acting by and through its County Executive, duly authorized by the Board of Supervisors of Albemarle County, Virginia, does hereby consent to the terms of this Agreement.

WITNESS the following signatures.

 

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