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Jeff Branscome writes about Spotsylvania County.

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Breaking News UPDATED: Soccer Complex coming to the county in deal with FASA and Virginia Youth Soccer Association

The supervisors unanimously approved  a performance agreement with the Virginia Youth  Soccer Association and Fredericksburg Area Soccer Association for a SportsPlex with 17 outdoor soccer field, and at least two lighted and turfed.

The site is on about 80 acres near New Post off Rt. 2 and the Rt. 17 Bypass.

Here is what the agreement says:

The Spotsylvania Sportsplex is contemplated to contain three parcels of land collectively containing approximately 79.628 acres.  FASA contemplates that FASA and/or a FASA affiliated entity will own a parcel containing approximately 29.1228 acres referenced as Lot 8 (“Lot 8”) on the Plat (Lot 8 may be referred to as the “FASA Property”).  In addition, the parties hereto contemplate that the Virginia Youth Soccer Association (“VYSA”) and/or a VYSA affiliated entity will own two parcels; one containing 39.407 acres referenced as Lot 9 (“Lot 9”) on the Plat, and a second parcel containing 11.0981 acres referenced as Lot 7 (“Lot 7”) on the Plat (Lot 7 and Lot 9 may be collectively referred to as the “VYSA Property”).  Lot 7 is contemplated to be used primarily as the parking area for the Spotsylvania Sportsplex.

Supervisor Gary Skinner thanked numerous staff members for their hard work on reaching these agreements. He said this SportsPlex will be huge for the youth and spur economic development.

Expect some big news to come later on these agreements and a vision for land off Rt. 2 in Spotsylvania County near New Post.

Skinner has been talking about this vision ever since he was elected about two years ago, and it seems now it is starting to come together. Supervisor Hap Connors also has talked about a sports complex in the county.

In conversations I have had with Supervisor Skinner, he said that such a complex would attract hundreds of families to the county, and they would be spending money at nearby commercial spots.

Here is more from the agreement:

D. FASA intends to construct seven (7) soccer fields.  The soccer fields be surfaced with natural grass, provided that FASA may install some artificial turf fields. FASA shall not provide lighting of its fields at the initial construction, but intends to provide lighting on some of the fields in the future thereby allowing games to be played in the evening.  A minimum of four (4) soccer fields shall be constructed within five (5) years from the date of recordation in Clerk’s Office of the deed of conveyance to FASA for Lot 8.  Other anticipated amenities include a maintenance/storage shed, an open air pavilion, concession/restroom facility, stands to watch the games, trail system or pathways, fencing around the fields and a public address system (collectively the “FASA Contemplated Improvements”).  The construction of the FASA Contemplated Improvements shall be in the sole discretion of FASA.

E.  The County has represented that the Spotsylvania Sportsplex, specifically including the FASA Contemplated Uses, is permitted under the current zoning designations and is an appropriate use within the Mixed Land Use designation of the Future Land Use Map of Spotsylvania County; provided, however, that this representation by the County does not alter or supersede any legal requirements for review and approval of subdivision documents and plats, site plans and/or building permits necessary for the development of the Spotsylvania Sportsplex, including the FASA Property.

F. The County desires to encourage economic development, promote industry, increase commerce, and promote the safety, health, welfare, convenience, and prosperity of the residents of the County by entering into this Agreement.  The County, VYSA, and FASA expect that the development and operation of the Spotsylvania Sportsplex will result in increased tax revenues for the County, a strengthened economic base, and other economic benefits to the County which will further the well-being of the County and its residents. The County has determined that the incentives provided by this Agreement are required to induce VYSA and FASA to locate the Spotsylvania Sportsplex in Spotsylvania County.

Here is what the county promises:

County Undertakings.

    a) The County, at its cost and expense, shall design and construct a new wastewater  pump station (“Pump Station”), force main and influent stub (cumulatively  known as the “Sewer Infrastructure”) adequate to serve, at minimum, the  Spotsylvania Sportsplex, specifically including the FASA Contemplated Improvements, as the property is currently zoned.  The force main shall run from  the new Pump Station to the existing County collection system in accordance with  approved plans. The parties acknowledge that there is currently no approved site  plan or infrastructure plan upon which they may rely in order to determine the  final location and design for the Sewer Infrastructure. However, it is  contemplated that the approximate location of the Pump Station shall be in the  northwest corner of Lot 8, as such Lot is shown on the Plat; provided, that the  County hereby reserves the right to require that the Pump Station be located in the  location best suited to serve the purpose for which it is intended in  accordance  with conditions on the ground. The County agrees to consult with  FASA in the  preparation of FASA’s infrastructure plan and/or site plan and to cooperate with  FASA in considering locations for the Pump Station that comply with FASA’s  financial requirements for the extension of the sewer from the Pump Station  to the FASA Contemplated Improvements.
    1. The County, at its cost and expense, shall design and construct all reasonably necessary infrastructure required to extend three-phased power (“Three-Phased Power”) to the Pump Station, including upgrades to the existing overhead power lines running along Bartlett Lane from Route 2 and/or Route 17 to the northernmost power pole on Bartlett Roadand, as required by the power company, to extend underground power lines from the northernmost power pole on Bartlett Lane to the Pump Station.  FASA shall, at its cost and expense, design and construct all reasonably necessary infrastructure to extend Three-Phased Power from the Pump Station, or other location, to the seven (7) soccer fields and the FASA Contemplated Improvements.  The Three-Phased Power shall be sufficient to also serve the Spotsylvania Sportsplex, including the FASA Contemplated Uses.

    1. The County, at its cost and expense, shall design and construct the sewer line extension, including all reasonably necessary Sewer Infrastructure to facilitate the functionality of the sewer line extension from the existing County sanitary sewer facilities to the Pump Station .  The Sewer Infrastructure shall be designed and constructed to serve, at minimum, all of the Spotsylvania Sportsplex, specifically including the FASA Contemplated Improvements.  It is contemplated that the Sewer Infrastructure shall be located generally in accordance with the easement labeled “Proposed 20’ Public Sanitary Sewer Easement” as shown on the PlatSanitary Sewer Exhibit prepared by Webb and Associates dated May 5, 2009 and last revised February 10, 2010 and attached hereto as Exhibit “B.  Ultimately, however, the Sewer Infrastructure shall be located within such easements as are reasonably acceptable to the County and shown on the approved site plan(s).  Prior to any work being performed by the County, all utility easements are to be granted to the County, by recorded instrument, at no cost to the County, by VYSA and FASA (or their affiliated entities) and/or the owners of other lots or parcels to be encumbered by such easements.

    d)  The County, at its cost and expense, shall design and construct a twelve inch (12”) water line extension,  including all reasonably necessary infrastructure to facilitate the functionality of  the water line extension (collectively “Water Infrastructure”).  The parties acknowledge  that there is currently no approved  site plan or infrastructure plan upon which  they may rely in order to determine  the final location and design the Water Infrastructure.  However, it is contemplated that the Water Infrastructure will be extended along U.S. Route 17 and then along the spine road bisecting Lot 13 and Lot 14, and Lot 5 and Lot 6 and then through the middle of Lot 7 to the lot line dividing Lot 9 and Lot 7 (as such Lots are shown on the Plat).  Ultimately, however, the Water Infrastructure shall be located within such easements as are acceptable to the County, in accordance with approved site plans, from the existing waterline on Benchmark Road, across Lot 7 to the front line of Lot 9, as such Lots are shown on the Plat.

e)   The County shall complete the design and construction of the Pump Station, the  Three-Phased Power, the Sewer Infrastructure and  the Water Infrastructure  cumulatively known as the “County Work,” no later than twelve (12) months  after VYSA and FASA have acquired the VYSA Property and the FASA  Property, respectively, and the County has issued the approved site plans for Lot  8 and Lots 7 and 9; provided, however, that the timely completion of the County  Work shall be contingent upon the performance by FASA and VYSA, or such  other responsible person or entity as FASA and/or VYSA may designate, of any  obligations or  requirements preliminary to  the County’s performance of the  County Work, as may be set forth in this Agreement, including Exhibit A.  The  County and FASA will work together to ensure that the design and  construction  of the Pump Station, the Three-Phased Power, the Sewer Infrastructure, and the  Water Infrastructure will not  cross any proposed soccer field or otherwise impede  the ability to construct the FASA Contemplated Improvements.

    f)   The County shall provide its reasonable cooperation and assistance to FASA in connection with  FASA’s seeking the redesignation of the Resource Protection Area (“RPA”) as currently exhibited on the Spotsylvania County maps.  It is contemplated that a Jurisdictional Determination (“JD”) has been previously provided to the current owner or developer of the FASA Property from the United States Corps of Engineers (“Corps”) redesignating  the RPA to that exhibited on the Plat and all that remains is for the appropriate Spotsylvania representative to revise its official maps to reflect the redesignated RPA.  The parties expressly acknowledge that Spotsylvania County does not have authority to issue a JD.  However, the County will use the information from the Corps’ approved determination (JD) as a basis for determining whether a revision to the existing RPA limits is merited for the Spotsylvania Sportsplex property, including the FASA Property.  If, notwithstanding the reasonable efforts of FASA, the RPA is not redesignated, then the number of soccer fields required to be constructed by FASA shall be reduced.  In such case, the number of soccer fields required to be constructed shall be reasonably determined by FASA with consent from the County, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, that the total number of fields to be constructed by FASA shall not be fewer than six (6) fields, which may be either artificial turf fields or natural grass fields.  Any reduction in the total number of fields shall only be permitted if the RPA cannot be redesignated and impinges on FASA’s ability to construct seven (7) fields.  Such a reduction shall not otherwise modify FASA’s obligations pursuant to subsection 2(c) of this Agreement. Any amendment or modification of this Agreement shall be by signed writing and shall reflect the total number of soccer fields to be constructed within Lot 8.  Subject to the requirement that FASA construct a minimum of six (6) soccer fields, FASA shall not be required to eliminate any other FASA Contemplated Improvements when determining the number of soccer fields which are to be constructed.

g) The County shall provide its reasonable cooperation and assistance to FASA in  attempting to identify economic assistance, whether federal, state, local or private,  in connection with any road improvements  to U.S. Route 17 which are mandated  as a consequence of developing the Spotsylvania Sportsplex.

Here is what FASA promises:

a) FASA agrees to work with Spotsylvania County Department of Economic  Development and Tourism and to facilitate the following services which are  intended to accomplish the goals set forth in Recital F, hereinabove:

    • (1)   Arranging lodging in Spotsylvania County hotels for teams and        spectators;
    • (2)   Locating FASA Tournament Headquarters in a Spotsylvania County     hotel or facility;
    • (3)   As appropriate, including the phrase “located in Spotsylvania          County” in  advertisements, marketing and promotional materials
    • and websites;
    • (4)  Distributing handout(s), to be provided by the County,
    • to participants/spectators regarding local restaurants, attractions and
    • shopping opportunities;
    • (5)   FASA will designate an area where the County can install a sign.  This      sign will allow the County to advertise various County-Sponsored
    • or Partnered events throughout the year; and
    • (6)   Reasonably and promptly responding to requests for other sports           tournament opportunities from regional and state sports marketing      agencies.  The request for any field usage will be made by the Director of    County Parks and Recreation, in writing, with a minimum of two weeks      lead time.
    b)  FASA agrees to allow the County Parks and Recreation the use of the fields and facilities for youth sports and other programs:(1) Parks and Recreation will have the use of the fields for various youth sports and activities during times that would not interfere with FASA, as determined in the sole discretion of FASA.  Any use must be pre-approved in writing by FASA, which consent shall not be unreasonably withheld.  The request for any field usage will be made by the Director of County Parks and Recreation, in writing, with a minimum of two weeks lead-time.

c) FASA agrees to complete no fewer than four (4) soccer fields within five (5) years from the recordation in the Clerk’s Office of the deed of conveyance to FASA for Lot 8. These soccer fields may be surfaced with    artificial turf or with natural grass and may be equipped with lighting sufficient       to allow night play, in the sole discretion of FASA.  If FASA has not completed  the four (4) soccer fields, described above, by the end of the fifth year from the  date of  recordation of the deed to FASA, FASA shall pay the County  liquidated damages in the amount of One Thousand ($1000) Dollars per day  for the  duration of any breach or violation of this subsection; provided, however,  that the the date for completion of the four (4) soccer fields shall be  extended day-for-day if FASA is unable to complete the four fields in a timely  manner because of delays caused by weather, labor or material suppliers, acts of  God or other matters outside the control of FASA.  Except as expressly provided  for herein, below, FASA shall not be subject to liquidated damages for such  delays, nor shall the inability of FASA to complete the four fields because of such  delays affect the validity of this Agreement.  The parties hereto agree that the  amount of liquidated damages is a reasonable measure of  the damages that the  County is likely to suffer.  FASA further agrees that it will  not challenge the  amount of liquidated damages imposed pursuant to this section and hereby waives  any defense as to the validity of any liquidated damages stated herein on the  grounds that such liquidated damages are void as penalties or are not  reasonably related to actual damages.  This provision concerning liquidated  damages shall not supersede or modify the requirements of Paragraphs 2(i),  2(j)and 3(b) of this Agreement.

    d)  FASA shall complete the seven (7) soccer fields within ten (10) years from the recordation of the deed in the Clerk’s Office  for Lot 8, subject to Paragraph 1(f) of this Agreement.   If FASA does not complete the seven (7) soccer fields within ten years, as provided herein, then, upon written request to the County Administrator, FASA shall be provided an additional five (5) years grace period during which to complete the seven (7) soccer fields.  If FASA does not complete the seven (7) soccer fields within fifteen (15) years from the recordation of the   deed in the Clerk’s Office for Lot 8, then the County shall have the right to require that FASA convey the FASA Property, including all improvements     thereon, to the County, without cost, notice or recourse to the County. In such case, the County shall send written notice to FASA requiring FASA to prepare and execute a special warranty deed conveying title to the FASA      Property to the County no later than thirty (30) days after FASA’s receipt of  said written notice.  FASA will use its good faith efforts to obtain an assumable deed(s) of trust, mortgage(s) or other similar instrument(s) so that, if the FASA Property is conveyed to the County, the County shall have the option, in its sole    discretion, of assuming FASA’s deed(s) of trust or mortgage(s). FASA’s failure to obtain an assumable deed of trust shall not be deemed to be default of this Agreement and the County agrees that it shall not have a right to participate in FASA’s loan application process or review the proposed and/or final loan documents. The   County’s right to demand the conveyance of the FASA Property shall be      subject and subordinate to the lien, operation and effect of each mortgage,  deed of trust, and/or other similar instrument of encumbrance heretofore or hereafter covering any or all of the FASA Property (and each renewal, modification, consolidation, replacement or extension thereof), all automatically and without the necessity of any action by either party hereto; provided, however, that if such mortgage, deed of trust or similar instrument requires that the borrower obtain the approval and permission, written or otherwise, of the lender or lien holder and the payment of any fee or penalty for such conveyance, FASA, its successors or assigns shall obtain such approval or permission at its expense. Notice of the County’s right to demand the conveyance to the County of the FASA Property, as improved, upon the failure of FASA, its successors or assigns to meet the conditions described hereinabove, shall be recorded in the Clerk’s Office subsequent to recordation of the deed to FASA.  Upon request by FASA or its lender, the County shall execute a recordable subordination of its right to demand the conveyance.  Upon completion by FASA of its obligations, as set forth herein as sections 2(d) and 1(f), the right to demand the conveyance of the FASA Property shall automatically terminate and be of no further effect. The County shall, in that event, record a notice in the Clerk’s Office indicating that the County no longer has the right to demand conveyance of the FASA Property, as improved. In the event that the County becomes the owner of the FASA Property, as permitted herein, FASA shall have first option to lease or purchase the FASA Property (including all improvements located thereon) from the County at then current market rates during the initial ten (10) years of County ownership of the FASA Property.
    e)  FASA shall retain the right to name their fields and install signage on Lot 8 in accordance with applicable law and in its sole discretion, provided, however, that the overall name of the Spotsylvania Sportsplex shall continue to include the word “Spotsylvania.”
    f) FASA agrees to provide appropriate and adequate sanitation facilities for the  FASA Property.  Until such time as FASA constructs permanent restroom  facilities or acquires the right to use permanent restroom facilities constructed by  VYSA, it shall provide a sufficient number of portable toilets when the fields  are in use.
    g)  If FASA fails to perform any of the obligations set forth in Paragraphs 2(a) and 2(b), as provided in this Agreement, FASA shall pay to County liquidated damages equal to One Thousand Dollars ($1000.00) per day for the duration of any tournament held in Spotsylvania County during which FASA’s obligations are not met. The parties hereto agree that the amount of liquidated damages is a reasonable measure of the damages that the County is likely to suffer.  FASA further agrees that it will not  challenge the amount of liquidated damages imposed pursuant to this section and hereby waives any defense as to the validity of any liquidated damages stated herein on the grounds that such liquidated damages are void as penalties or are not reasonably related to actual damages.  This provision concerning liquidated  damages shall not supersede or modify the requirements of Paragraphs 2(c), 2(d) and 3(c) of this Agreement.

Here is what both promise:

a) Contingency.  This Agreement is contingent upon the acquisition of Lot 8 by FASA or an affiliate, the terms of which acquisition are subject to the sole and absolute discretion of FASA and the acquisition of Lot 7 an Lot 9 by VYSA or an affiliate, the terms of which are subject to the sole and absolute discretion of VYSA, no later than two (2) years from the date of full execution of this Agreement.

    b)   Governing law.  The subdivision and development of the Spotsylvania Sportsplex shall comply with all requirements set forth in Chapter 20, Article 13 of the Spotsylvania County Subdivision Ordinances and of all other applicable laws, ordinances and regulations of the County, the Commonwealth of Virginia and the United States.
    c)  Default and Jurisdiction. Should either FASA or the County default under this Agreement and such default continue for more than sixty (60) days after written notice from the non-defaulting party to the defaulting party to correct such default, the non-defaulting party shall have each and every remedy at law and/or

equity available under the laws of the Commonwealth of Virginia.  FASA

and the County choose the Circuit Court of the County of Spotsylvania, Virginia

as the venue for any action instituted pursuant to the terms of this Agreement.

d)  Time is of the essence.

e)  This instrument covers all the agreements between the parties and no  representations or statements, verbal or written, have been made which are  inconsistent with the terms of this deed.

The Virginia Youth Soccer Association and the county agreed to the following:

The Spotsylvania Sportsplex is contemplated to contain three parcels of land collectively containing approximately 79.628 acres.  VYSA contemplates that VYSA and/or a VYSA affiliated entity will own two parcels; one containing 39.407 acres referenced as Lot 9 (“Lot 9”) on the Plat, and a second parcel containing 11.0981 acres referenced as Lot 7 (“Lot 7”) on the Plat (Lot 7 and Lot 9 may be collectively referred to as the “VYSA Property”).  Lot 7 is contemplated to be used primarily as the parking area for the Spotsylvania Sportsplex.  In addition, the parties hereto contemplate that the Fredericksburg Area Soccer Association (“FASA”) and/or an affiliated FASA entity will own a parcel containing approximately 29.1228 acres referenced as Lot 8 (“Lot 8”) on the Plat (Lot 8 may be referred to as the “FASA Property”).

C. Concurrently herewith, the County will enter into a Performance Agreement with FASA, a copy of which is attached hereto as Exhibit “A”.

D. VYSA intends to construct ten soccer fields.  A minimum of four soccer fields (at least two of which shall be lighted and surfaced with artificial turf and two of  which may be surfaced with natural grass) shall be constructed within five (5) years from the recordation in the Clerk’s Office of the deeds of conveyance to VYSA for Lots 7 and 9 .  Other anticipated amenities include a two-story building with a maximum footprint of 12,000 square feet in which the VYSA corporate offices and VYSA training facility offices may be located, a storage shed, an irrigation system, a parking lot, an eating area with picnic table, an open air pavilion, rest rooms, stands and seating areas to watch the games, a Hall of Fame area, pathways, fencing around the fields and a public address system (collectively the “VYSA Contemplated Improvements”).  The construction of the VYSA Contemplated Improvements shall be in the sole discretion of VYSA.

Per the agreement, the county agrees to:

The County, at its cost and expense, shall design and construct a new wastewater pump station (“Pump Station”), force main and influent stub (cumulatively known as the “Sewer Infrastructure”) adequate to serve, at minimum, the Spotsylvania Sportsplex, including the VYSA Contemplated Improvements, as the property is currently zoned.  The force main shall run from the Pump Station to the existing County collection system in accordance with approved plans.  The parties acknowledge that there is currently no approved site plan or infrastructure plan upon which they may rely in order to determine the final location and design for the Sewer Infrastructure.  However, it is contemplated that the approximate location of the Pump Station shall be in the northwest corner of Lot 8, as such Lot is shown on the Plat; provided that the County hereby reserves the right to require that the Pump Station be located in the location best suited to serve the purpose for which it is intended in accordance with conditions on the ground.  The County agrees to consult with VYSA in the preparation of VYSA’s infrastructure plan and/or site plan and to cooperate with VYSA in considering locations for the Pump Station that comply with VYSA’s financial requirements for the extension of the sewer from the Pump Station to the VYSA Contemplated Improvements.

    1. The County, at its cost and expense, shall design and construct all reasonably necessary infrastructure required to extend three-phased power (“Three-Phased Power”) to the Pump Station, including upgrades to the existing overhead power lines running along Bartlett Lane from Route 2 and/or Route 17 to the Pump Station and, if required by the power company, to extend underground power lines from the northernmost power pole on Bartlett Lane to the Pump Station.   VYSA shall, at its cost and expense, design and construct all reasonably necessary infrastructure to extend Three-Phased Power from the Pump Station, or other location to the 10 soccer fields and the VYSA Contemplated Amenities.  The Three-Phased Power shall also be sufficient to serve the Spotsylvania Sportsplex, including the VYSA Contemplated Improvements.

    1. The County, at its cost and expense, shall design and construct the sewer line extension, including all reasonably necessary Sewer Infrastructure to facilitate the functionality of the sewer line extension from the existing County sanitary sewer facilities to the Pump Station.  The Sewer Infrastructure shall be designed and constructed to serve, at minimum, all of the Spotsylvania Sportsplex, specifically including the VYSA Contemplated Improvements.  It is contemplated that the Sewer Infrastructure shall be located generally in accordance with the easement labeled “Proposed 20’ Public Sanitary Sewer Easement” as shown on the Plat.  Ultimately, however, the Sewer Infrastructure shall be located within such easements as are acceptable to the County and shown on the approved site plan.  Prior to any work being performed by the County, all utility easements are to be granted to the County, by recorded instrument, at no cost to the County, by VYSA and FASA (or their affiliated entities) and/or the owners of other lots or parcels to be encumbered by such easements.

d)   The County, at its cost and expense, shall design and construct a twelve inch (12”)  water line extension,  including all reasonably necessary  infrastructures to  facilitate the functionality of the water line extension (collectively “Water  Infrastructure”).  The parties acknowledge  that there is currently no approved  site plan or infrastructure plan upon which  they may rely in order to determine  the final location and design the Water Infrastructure. However, it is  contemplated that the Water Infrastructure will be extended along U.S. Route 17  and then along the spine road  bisecting Lot 13 and Lot 14, and Lot 5 and Lot 6  and then through the middle of Lot 7 to the lot line dividing Lot 9 and Lot 7  (as such Lots are shown on the Plat).  Ultimately, however, the Water  Infrastructure shall be located within  such easements as are acceptable to the  County, in accordance with approved site plans, from the existing water  line on  Benchmark Road, across Lot 7 to the front line of Lot 9, as such Lots are  shown  on the Plat.

e)   The County shall complete the design and construction of the Pump Station, the  Three-Phased Power, the Sewer Infrastructure and the Water Infrastructure,  cumulatively known as the “County Work,” no later than twelve (12) months  after VYSA and FASA have acquired the VYSA Property and the FASA  Property, respectively, and the County has issued the approved site plans for Lots  7, 8 and 9; provided, however, that the timely completion of the County Work  shall be contingent upon the performance by VYSA, FASA, or such other  responsible person or entity as VYSA and/or FASA may designate, of any  obligations or requirements  preliminary to the County’s performance of the  County Work, as may be set forth in this Agreement, including Exhibit A.   The County and VYSA will work together to ensure that the design and  construction of the Pump Station, the Three-Phased Power, the Sewer  Infrastructure, and the Water Infrastructure will not cross any proposed soccer  field or otherwise impede the ability to construct the VYSA Contemplated  Improvements.

    f)   The County shall provide its reasonable cooperation and assistance to VYSA in connection with VYSA’s seeking the redesignation of the Resource Protection Area (“RPA”) as currently exhibited on the Spotsylvania County maps.  It is contemplated that a Jurisdictional Determination (“JD”) has been previously provided to the current owner or developer of the VYSA Property from the United States Corps of Engineers (“Corps”) redesignating the RPA to that exhibited on the Plat and all that remains is for the appropriate Spotsylvania representative to revise its official maps to reflect the redesignated RPA.   The parties expressly acknowledge that Spotsylvania County does not have authority to issue a JD.  However, the County will use the information from the Corps’ approved determination (JD) as a basis for determining whether a revision to the existing RPA limits is merited for the Spotsylvania Sportsplex property, including the VYSA Property.  If, notwithstanding the reasonable efforts of VYSA, the RPA is not redesignated, then the number of soccer  fields required to be constructed by VYSA shall be reduced.  In such case, the number of soccer fields required to be constructed shall be reasonably determined by VYSA with consent from the County, which consent shall not be unreasonably  withheld; provided, however, that the total number of fields to be constructed by VYSA shall not be fewer  than eight (8) fields, at least three (3) of which shall  be lighted, artificial turf fields and five (5) of which may be natural grass fields.  Any reduction in the total number of fields shall only be permitted if the RPA cannot be redesignated and impinges on VYSA’s ability to construct ten (10) fields.  Such  a reduction shall not otherwise modify VYSA’s obligations pursuant to subsection 2(c) of this Agreement.   Any amendment or modification of this Agreement shall be by signed writing  and shall reflect the total number of soccer fields to be constructed within Lot 9.  Subject to the requirement that VYSA construct a  minimum of eight (8) soccer fields, VYSA shall not be required to eliminate any other  VYSA Contemplated Improvements when determining the number of soccer fields which are to be constructed.

g) The County shall provide its reasonable cooperation and assistance to VYSA in  attempting to identify economic assistance, whether federal, state, local or private,  in connection with any road improvements to U.S. Route 17 which are mandated  as a consequence of developing the Spotsylvania Sportsplex.

The VSYA agrees to:

    a) VYSA agrees to work with Spotsylvania County Department of Economic  Development and Tourism and to facilitate the following services which are  intended to accomplish the goals set forth in Recital F, hereinabove:
    • (i)  Arranging lodging in Spotsylvania County hotels for teams and    spectators;
    • (ii)  Locating VYSA Tournament Headquarters in a Spotsylvania County  hotel or facility;
    • (iii)  As appropriate, including the phrase “located in Spotsylvania County” in     advertisements, marketing and promotional materials and websites;
    • (iv)  Distributing handout(s), to be provided by the County, to     participants/spectators regarding local restaurants, attractions and  shopping opportunities;
    • (v) Designating locations in the VYSA building to place maps and brochures  directing people to Spotsylvania County attractions and restaurants;
    • (vi) Designating an area where the County can install a sign.  This sign will  allow the County to advertise various County Sponsored/Partnered events  throughout the year; and
    • (vii)Reasonably and promptly responding to requests for other sports  tournament opportunities from regional and state sports marketing  agencies.  The request for any field usage will be made by the Director of County Parks and Recreation, in writing, with a minimum of two weeks  lead time.
    b) VYSA agrees to allow the County use of the fields and facilities for youth sports  and other programs:
    • (i) Parks and Recreation will have the use of the fields for various youth  sports and activities during times that would not interfere with VYSA, as  determined by VYSA in its sole discretion.  Any use must be pre- approved in writing by VYSA, which consent shall not be unreasonably  withheld.  The request for any field usage will be made by the Director of County Parks and Recreation, in writing, with a minimum of two weeks  lead-time.
    • (ii) The County will have the use of any conference room space in the VYSA  building during normal office hours that would not interfere with VYSA’s  normal business operations as determined by VYSA in its sole discretion.   The request for any conference room usage will be made by the Director  of County Parks and Recreation in writing with a minimum of two weeks  lead-time.

c) VYSA agrees to complete no fewer than four (4) soccer fields within five (5)  years  from the recordation in the Clerk’s Office of the deeds of conveyance to  VYSA  for Lots 7 and 9.  At least two of these soccer fields must be surfaced with  artificial turf and equipped with lighting sufficient to allow night play.  The  remaining two fields may be surfaced with natural grass. If VYSA has not  completed the four (4) soccer fields, described above, by the end of the fifth year  from the date of recordation of the deed(s) to VYSA,  VYSA shall pay the County  liquidated damages in the amount of One Thousand (1000) Dollars per day for the  duration of any breach or violation of this subsection; provided, however,  that the  the date for completion of the four (4) soccer fields shall be extended day- for-day  if VYSA is unable to deliver possession of the four fields in a timely manner  because of delays caused by weather, labor or material suppliers, acts of  God or  other matters outside the control of VYSA.   Except as expressly provided  for  herein, below, VYSA shall not be subject to liquidated damages for such  delays,  nor shall the inability of VYSA to complete the four fields because of such  delays affect the validity of this Agreement. The parties hereto agree that  the  amount of liquidated damages is a reasonable measure of the damages that the  County is likely to suffer.  VYSA further agrees that it will not challenge the  amount of liquidated damages imposed pursuant to this section and hereby waives  any defense as to the validity  of any liquidated damages stated herein on the  grounds that such liquidated damages are void as penalties or are not  reasonably related to actual damages.  This provision concerning liquidated  damages shall not supersede or modify the requirements of Paragraphs 2(i),  2(j)and 3(b) of this Agreement.

    d) VYSA shall complete a total of ten (10) soccer fields within ten (10) years from  the recordation of the deeds in the Clerk’s Office for Lots 7 and 9, subject to  Paragraph 1(f) of this Agreement.   If VYSA does not complete ten (10) soccer  fields within ten years, as provided herein, then, upon written request to the  County Administrator, VYSA shall be provided an  additional five (5) year grace  period during which to complete the ten (10) soccer  fields.
    e) VYSA will move its corporate offices to Spotsylvania County within three (3)  years of the full execution of this agreement.  At such time as VYSA’s   building is completed, VYSA will relocate its corporate offices and training  facilities into the building located in the Spotsylvania Sportsplex.
    f) VYSA shall retain the right to change the name of the Spotsylvania   Sportsplex in its sole discretion.  Notwithstanding the foregoing, any name  change must include the term “Spotsylvania”.
    g) VYSA will provide a location for a future FRED Bus Stop on Lot 7.
    h) VYSA agrees to provide appropriate and adequate sanitation facilities for the  VYSA Property.  Until such time as VYSA constructs permanent restroom  facilities, it shall provide a sufficient number of portable toilets when the fields  are in use.
    i) If VYSA does not complete its obligations, as stated, hereinabove, in  subsection 2(d), within fifteen (15) years from the recordation of  the deeds in  the Clerk’s Office for Lots 7 and 9, then the County shall have the  right to require  that VYSA convey the VYSA Property, including all improvements  thereon, to the County, without cost, notice or recourse to the County.  In  such  case, the County shall send written notice to VYSA requiring VYSA to prepare  and execute a special warranty deed conveying title to the VYSA  Property to the  County no later than thirty (30) days after VYSA’s receipt  of said  written notice.   VYSA will use its good faith efforts to obtain an assumable deed(s) of trust,  mortgage(s) or other similar  instrument(s) so that, if the VYSA Property is  conveyed to the County, the  County shall have the option, in its sole discretion,  of assuming VYSA’s deed(s)  of trust or mortgage(s).  VYSA’s failure to obtain  an assumable deed of trust shall not be deemed to be default of this Agreement  and the County agrees that it shall not have a right to participate in VYSA’s loan  application process or review the proposed and/or final loan documents.  The  County’s right to demand the  conveyance of the VYSA Property shall be  subject  and subordinate to the lien, operation and effect of each mortgage, deed of trust,  and/or other similar instrument of encumbrance heretofore or hereafter  covering any or all of  the VYSA Property (and each renewal, modification,  consolidation, replacement or extension thereof), all automatically and without  the necessity  of any action by either party  hereto; provided, however, that if  such mortgage, deed of trust or similar instrument  requires that the borrower  obtain the approval and permission, written or otherwise, of the lender or lien  holder and the payment of any fee or penalty for such conveyance, VYSA, its  successors or assigns shall obtain such approval or  permission at its expense.  Notice of the County’s right to demand the  conveyance to the County of the  VYSA Property, as improved, upon the failure of VYSA, its successors or  assigns  to meet the conditions described hereinabove, shall be recorded in the Clerk’s  Office subsequent to recordation of  the deed to VYSA.  Upon request by  VYSA  or its lender, the County shall execute a recordable subordination  of its  right to  demand the conveyance. Upon completion by VYSA of its obligation to  construct the ten (10) soccer fields, or such other number of fields  as described in  paragraph 1(f), the right to demand the conveyance of the VYSA  Property shall  automatically terminate and be of no  further effect. The County shall, in that  event, record a notice in the Clerk’s Office indicating that the County no longer  has the right to demand conveyance of the VYSA Property, as improved.  In the  event that the County becomes the owner of the VYSA Property, as permitted  herein, VYSA shall have first option to lease or purchase the VYSA Property  (including all improvements located  thereon) from  the County at then current  market rates during the initial ten (10) years of County ownership of the VYSA  Property.

j)    If VYSA fails to perform any of the obligations set forth in Paragraphs 2(a) and  2(b), as provided in this Agreement, VYSA shall pay to County liquidated  damages equal to One Thousand Dollars ($1000.00) per day for  the duration of  any tournament held in Spotsylvania County during which  VYSA’s obligations  are not met. The parties hereto agree that the amount of  liquidated damages is  a reasonable measure of the damages that the County is likely to suffer.    VYSA  further agrees that it will not challenge the amount of liquidated damages  imposed pursuant to this section and hereby waives any defense as to the validity  of any liquidated damages stated herein on the grounds that such liquidated  damages are void as penalties or are not reasonably related to actual damages.   This provision concerning liquidated damages shall not supersede or modify the  requirements of Paragraphs 2(c), 2(i) and 3(b) of this Agreement.

Permalink: http://news.fredericksburg.com/spotsygovt/2010/07/13/breaking-news-county-creating-sportsplex-with-fasa-and-virginia-youth-soccer-association/

  • LarryG

    Growth is not the problem in my view. It’s growth that is based on commuting – when we don’t recognize it in our planning …i.e. commuter lots are often an after-thought or the county sais they don’t have the money (try that with schools….).

    Growth in this community means cars and intensive road use especially at rush hour and the solution to it is not more roads (which we cannot afford) but commuting facilities and buses/vans.

    VRE has no where near the available capacity for major future growth in our area – and won’t unless some very expensive upgrades (similar to expensive road upgrades) are performed – the first of which would be a 3rd track.

    In the meantime, back at the ranch – we WILL GROW. The question is will we PLAN for it?

    Schools are the other major planning issue. Not only does Spotsylvania have the distinction of being one of the most commuter-centric communities in the state but we also have one of the biggest percentages of kids relative to population in the state ….. right at 20%.

    That means we will have a higher per-capita cost for schools than say a locality that has a 90-10 split.

    It’s a major cost of growth that we cannot control.

    We … CAN do something about the roads if we recognize that commuter buses and vans will help take traffic off of them… but we need geographically-appropriate locations and properly sized lots… to properly target the demographic.

    blah blah … sorry for the blather.

  • http://MAVRICKinc7@msn.com Martin (Marty) Work

    Marty has no intentions of ruling any roost. This BLOG is not a game with me, nor ever has been. I’m not running for office. I don’t need to be your friend. I’m NOT of any political persuasion. The only labels I carry around with me are those given to me by those who prefer I shut the hell up.

    This story, like many others that have come up for debate on this issue are over 2 years old, which begs the issue of who besides Bill and Larry have been listening in. And if anyone has been listening in to the prattle and blather, do they have the aptitude for comprehending what’s being served up in the public interest and what can only be described as just more “spin.”

    Growth is coming to Spotsylvania County, but if you are allowed to take a closer look at the contracts your elected officials are writing, you will certainly be disappointed that the growth agendas of your elected officials and THEIR lobbied special interest groups could care less what YOU (public) think, beyond your willingness to pay higher taxes for THEIR vision and distribution of wealth.

    Simply said, YOU’VE been played and YOU are being played and will do anything and everything to make sure do don’t lose your place at the front of the line.

    It’s being described as human nature that has no blame, for want of a second opinion or an original thought that all is not well with the direction you are being lead by those you chose to do your thinking for you.

    GROWTH? PROGESS? CHANGE? REFORM? You don’t have a clue, beyond a sense of doubt you’re afraid to acknowledge, what they really entail.

    Simply said, the devil is still in the details and you’re not being allowed to be anywhere closer to these details than your elected officials, their other government allegiances, and special interest will allow you to get.

    That why we call transparency and accountability in government as nothing more than another cattle call.

    Bon Apetite.

  • http://news.fredericksburg.com/spotsygovt/2010/07/13/breaking-news-county-creating-sportsplex-with-fasa-and-virginia-youth-soccer-association/ phat44

    I live just up the road off of 2 and i’m not sure how i feel about the soccer field. I know taxes will go up but this did for me this year anyway because of my proximity to the new hospital. I believe 60% of the county’s real estates taxes went down. Also, traffic will get worse before it gets better so no reason to complain there either. I am 6 months from an MBA and would love the opportunity to work locally with a future that keeps me here, looking forward, and potentially at 6 figures. Those positions are very few are far between around here and probably non existant in spotsy. We need the government or other large corporations to come here looking to establish because the costs are less but how can they do that if few of the county residents are white collar educated? 6 of my 7 close neighbors work north and commute. They would all stay here if the jobs were here. I will get my edumacation and probably move due to job availability. Not up north but probably out of state. I see it happening already. The soccor fields will do nothing more than help small businesses locally, gas stations, hotels, grocery. This does nothing for the people who pay the majority of the taxes here. I’m following this closely and hope we see a positive outcome. Probably be years from now anyway.

  • mustang2

    Seems to me this is a win win deal. Talk of future development is a given due to the participation in VRE and the station located off Rte. 17. What did everyone think was going to happen around the station? I think the county was pretty up front about what participation would mean and the future station off 17. In order to have that development infrastructure would have to be in place thus the sewer extension. The select soccer industry has been looking for field locations for a very long time. Most of them have been more in close thus having the possibility of greater impact on local roads and residents. In this case, Rte. 17 is a major secondary road with a connection to I-95 and there is little residential in place nearby for it to impact. It is too bad that the mess there at 126 exchange has not been fixed and that too has been thought about for a long time but nothing ever done. It needs addressing NOW. As far as housing and commercial development near New Post there is going to be a problem with A P Hill. No one knows the future and perhaps the fort will be closed but at this point, residential development clashes with the mission of the fort and new residents will complain about the firing range. For you guys who complain about this, you wanted VRE. Now you’ve got it. Did you really think it would not spur residential development in the vicinity of the new station? Some of you need to extricate yourselves from your world of fantasy.

  • bhaas

    @mustang2…sorry, most of us are not anti-development; we are against the “process” in this case. This “by-right” excuse that appears to have avoided a public hearing on the “expansion of the water/sewer system” and the fact that there is NO PLAN to take care of the necessary transportation needs of such development is our beef.

  • http://MAVRICKinc7@msn.com Martin (Marty) Work

    MUSTANG2: Just curious, but what planet do you hail from? And, what is it about this issue that you can claim to know anything about other than more speculation. If you have answers to the questions, or know where WE can find them please jump in with both feet. WEEGEE Boards are not allowed.

    Also please recall WE didn’t vote to join VRE, THEY did.

  • mustang2

    Last time I looked, residents were not required to use a Weegee board to attend BOS meetings, read their minutes, the Comp Plan or even the FLS for info on county government plans. Of course in order to know these things, one has to keep up. In the multiple and years long discussions leading up to VRE participation, mixed use development was always expected around a new VRE station off 17. There was talk of residents of this development being able to walk to VRE and commute to Washington. The new hospital and associated medical and office parks are examples of growth going out the same corridor. The corridor is also in the Massaponax Creek watershed so the sewer is available for expansion. The VRE station is a part of the transportation solutions for this corridor. Rte 17 will have to be improved eventually as growth continues along the corridor but right now, is an upgraded secondary road with shoulders and is considered well suited to the needs of some additional growth. The soccer fields project provided an opportunity for the Board to encourage a tax generating business by providing infrastructure now instead of waiting. It will be difficult to gauge the level of increase since it will be in the form of increase gas, restaurant and lodging tax. The water and sewer will now be present when future project applications are made. As far as “by right” uses being a trick, it is nothing of the sort. In each zoning category there are by right uses that do not require a special use permit or rezoning. Ball fields are a by right use in this zoning category.

  • bhaas

    Okay mustang2, you are either a BOS member or a high level county employee. Your arguments are precisely their arguments. However, where is the transportation plan to handle all this added traffic when the fields are up and running and when the new developments along the way are built and occupied? Should we not be planning for those conditions ahead of time? Would that not make sense? As for the “by-right” issue, it WAS an excuse not to hold a public hearing. An excuse is not necessarily a “trick,” but it sure the devil can be a “loop-hole” through which one can avoid possible uncomfortable situations.

  • mustang2

    When you say “we” bhaas, I assume you refer to VDOT because the only “we” that does road planning involving counties is our creation of the county’s Six Year Plan. It was only recently that counties began to pay for some transportation projects since they are prohibitively expensive and have traditionally been the responsibility of the state. VDOT has never planned for growth as their model is to wait until growth occurs and then play catch up. Is it a good way to do it? I don’t think so but that’s what our state does. There has been lots of discussion about it and loud calls for reform but so far, not gonna happen. Witness the exit 126 mess. Now that so much development has taken place, it will be harder and more expensive to solve the traffic nightmare that has and is developing there. But did knowledge of this change any BOS behavior? No. All were warned and if I am not mistaken it was at one time on the Six Year Plan list but was then delisted as “more important” transportation challenges reared their ugly heads. And no, I am not a BOS member nor a high level county official but simply a resident who pays attention. Too bad more do not do the same.

  • bhaas

    You and I may be on the verge of “agreeing to disagree.” My use of the word “we” includes the tax payers of Spotsylvania county and the expectations they have of their public servants; be they elected or hired.

    Is the road planning for development of the Rte 2-17 corridor in the six-year plan? I don’t think so. Hence, we can not blame VDOT for its presence or absence. By the way, the so-called six-year plan is “moot.” The last revenue figures I saw for Spotsy was going to be on the order of about $400,000.00 per year. I don’t think that will even pay for a stop light installation today.

    My goal is, hopefully, to change that BOS behavior you mentioned. Do I think I will succeed? Realistically, no unless a lot of other tax payers get involved. One of the biggest problems that Spotsylvania suffers from, IMHO, is citizen malaise. If something is not in their back yard, they do not give a hoot. Stuff like these transportation and development issues is in their back yard, but they do not know it.

    Finally, now that VDOT is basically out of the local road business and Spotsy has to pick up the load; I do not believe the county should continue with the VDOT model as their way of operating. Do you?

  • mustang2

    No I think it is a terrible model. But the problem is the county can’t possibly build roads given their cost without more than doubling the real estate tax. Maybe even more than doubling. In an ideal world the BOS would be looking at transportation goals that benefit all the districts but politics plays its part. For a long time, rural supervisors have not given enough thought to problems that are not in their districts even though their people must also traverse the congested roads outside their districts to obtain needed supplies or even get to the hospital. So the Six Year Plan is filled up with paving rural roads that were not built to state code by those who developed the subdivisions and left sub standard roads to serve the homeowners living there. Their supervisors, wishing to please constituents, get funds allocated from county government to pave those roads, thus preventing more appropriate priorities like improving roads to major development areas like Rte. 17 and its coming explosion of new projects. You won’t be able to convince these supervisors that the money wasn’t well spent on those dirt roads though. That’s the way politics works.

  • bhaas

    To borrow an argument that my friend Larryg makes; had the state pols indexed the gasoline tax we might not be in this mess. Again, as you say, politics gets in the way of everything.

    However, on that subject, once again the citizens bring these problems down on their own heads. If you took a poll in the state, raising gas taxes would almost assuredly fail big time.

    I really do not know what will be done. Perhaps the talk of “regionalization” will come to life and provide some answers down the road.

  • mustang2

    I think taxpayers have become cynical due to promises made to use increased taxes for one purpose and then when taxes are increased, legislators use it for a different purpose. I believe both Kane and Warner promised use of increased taxes toward paying items taxpayers supported, only to use it to create new programs using that tax money. After a while, people become jaded. I have.

  • bhaas

    I completely agree. In fact, I once communicated that message to both Bill Howell and Bobby Orrock. One “blew” me off and the other denied it vehemently. When I came back a little more forcefully, the one that initially blew me off also went into denial mode.

    These folks that represent us (Fed, State, and local IMHO) are just too doggone comfortable in their positions. I do not know if I have become “jaded” or just furious. Adding to my fury is the knowledge that a lot of their redirection of revenue is aimed at plain old ordinary “vote getting.”

  • http://MAVRICKinc7@msn.com Martin (Marty) Work

    Jaded and cynical are nothing more than words people have come to live by. Simply said, they prefer to SETTLE because they have no where else to go and their lot in life is nothing more than a foregone conclusion. We’ve been using politics as our excuse for sitting around and not have to think for ourselves. This is what nations are built of; second best and hand-me-downs. When people decide to measure their existence by 3 hots and a cot, they shouldn’t expect anything more from their leaders than to be led, like a herd of cattle.

    Mustang2, you’ve led yourself to believe you have nothing more to contribute, because you know how life is going to turn out BEFORE giving it a chance. YOU KNOW things, but make no effort to change things. You settled and make no bones about it. You actually prefer to stand still and watch “business as usual” roll over everything in site, because THEY can.

    I’ve attended more than my share of BOS meetings, read their agendas, consent agendas, manipulation of zoning ordinances, land use development and just about every lie politics can command.

    I even lost my home because of those very same lies, and chose not to settle. Almost put in jail because of those lies. Caused a BOS to vote on my rights of free speech, because they couldn’t and wouldn’t do the right thing. I left behind what the jaded and cynical couldn’t bring themselves to believe would be the outcome of standing alone against their lies. Why? Because they didn’t care, much the same way you don’t care. With my personal wealth in tact, I left behind hundreds of thousands of dollars in attorney fees not my own and a house that was constructed by the Counties BEST, but found to be in utter ruin from short cuts and construction failures they designed.

    Simply said, I don’t have to care, but do. You, on the other hand don’t care because you don’t have to.’

    I’ve read your best and your worst for the past 3 years. You make for a good sounding board and mix well with debate. You know who I am, but I can’t quite make you out from your anonymous and postured positions.

    Since that will remain your secret, I find myself doubting your credibility against my own. Maybe one day you’ll let us know which planet you hail from and start putting the puzzle pieces together.

    I’m just part of the puzzle, and only part of the solution. You can be ground zero for foregone conclusions.

    Thank you for your candor, insight and tailored knowledge. I’ll expect to see more of you as this issue gains more momentum.