R-09-35RESOLUTION NO. R-09-35
A RESOLUTION TO APPROVE THE TRANSFER TO THE FARRCROFT
HOMEOWNERS ASSOCIATION OF CERTAIN ESCROWED PROFFER FUNDS
WHEREAS, Diane Cox Basheer Companies, L.C. ("Basheer"), in connection with its
development of the Farrcroft subdivision, proffered certain conditions, dated July 30, 1997
(the "Proffers"); and
WHEREAS, numbered paragraph 15 of the Proffers provided for the contribution by Basheer
of a certain sum of money to be used for the undergrounding of utilities along portions of the
frontage of Farrcroft, and the City has determined that undergrounding of utilities is not
practical or economically feasible; and
WHEREAS, the Proffers provide that if the funds are not used for undergrounding of
utilities, that the City may designate the construction of other improvements which will
directly benefit Farrcroft, with the concurrence of Basheer; and
WHEREAS, the City and Basheer, with the agreement of the Farrcroft Homeowners
Association (the "Farrcroft HOA"), entered into a proffer interpretation agreement dated June
10, 2009 (the "Proffer Agreement") wherein Basheer agreed to release certain proffered funds
(the "Escrowed Funds") to the City for use on projects directly benefitting Farrcroft, without
the need for further consent by Basheer; and
WHEREAS, the City and the Farrcroft Homeowners Association (the "Farrcroft HOA") have
worked together to develop potential uses of the Escrowed Funds under the Proffer
Agreement that will directly benefit Farrcroft, in accordance with the Proffer terms and the
terms of the Proffer Agreement; and
WHEREAS, after due consideration of the issues, the City Council desires to transfer the
Escrowed Funds to the Farrcroft HOA for its use, subject to the express terms of this
Resolution.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fairfax,
Virginia, hereby directs the City Manager to cause the Escrowed Funds to be transferred to
the Farrcroft HOA, subject to the following conditions:
1. That the City and the Farrcroft HOA enter into an agreement governing the use
by the Farrcroft HOA of the Escrowed Funds, the terms of such agreement to
be prepared by the City Attorney in consultation with the City Manager and
City staff. The City Manager shall be authorized to execute such agreement
without the need for additional action by the City Council.
2. That the use of the Escrowed Funds, as set forth in such agreement, shall be
substantially in conformance with the proposals outlined in that certain letter
from the Farrcroft HOA to the City dated October 2, 2009.
BE IT FURTHER RESOLVED, that this Resolution shall become effective upon the
satisfaction of both of the conditions set forth above and as required by law.
Adopted: November 10, 2009
Mayor
ATTEST:
City Clerk
The vote on the motion to approve was recorded as follows:
VOTE:
Councilwoman Cross Aye
Councilman Drummond Aye
Councilman Greenfield Aye
Councilman Meyer Aye
Councilman Rasmussen Aye
Councilman Stombres Aye