{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-575.9.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-575.9.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-575.9.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-575.9.html"}],"law_id":70640,"edition_id":1,"section_id":70640,"structure_id":13265,"section_number":"56-575.9","catch_line":"Comprehensive agreement","history":"2002, c. 571; 2003, c. 1034; 2004, c. 986; 2005, c. 865.","full_text":"A\n\nPrior to developing or operating the qualifying project, the private entity shall enter into a comprehensive agreement with the responsible public entity. The comprehensive agreement shall provide for:1\n\nDelivery of maintenance, performance and payment bonds, letters of credit in connection with the development or operation of the qualifying project, in the forms and amounts satisfactory to the responsible public entity and in compliance with § 2.2-4337 for those components of the qualifying project that involve construction;2\n\nReview of plans and specifications for the qualifying project by the responsible public entity and approval by the responsible public entity if the plans and specifications conform to standards acceptable to the responsible public entity. This shall not be construed as requiring the private entity to complete design of a qualifying project prior to the execution of a comprehensive agreement;3\n\nInspection of the qualifying project by the responsible public entity to ensure that the private entity’s activities are acceptable to the responsible public entity in accordance with the provisions of the comprehensive agreement;4\n\nMaintenance of a policy or policies of public liability insurance (copies of which shall be filed with the responsible public entity accompanied by proofs of coverage) or self-insurance, each in form and amount satisfactory to the responsible public entity and reasonably sufficient to insure coverage of tort liability to the public and employees and to enable the continued operation of the qualifying project;5\n\nMonitoring of the practices of the private entity by the responsible public entity to ensure that the qualifying project is properly maintained;6\n\nReimbursement to be paid to the responsible public entity for services provided by the responsible public entity;7\n\nFiling of appropriate financial statements on a periodic basis; and8\n\nPolicies and procedures governing the rights and responsibilities of the responsible public entity and the private entity in the event the comprehensive agreement is terminated or there is a material default by the private entity. Such policies and guidelines shall include conditions governing assumption of the duties and responsibilities of the private entity by the responsible public entity and the transfer or purchase of property or other interests of the private entity by the responsible public entity.B\n\nThe comprehensive agreement shall provide for such user fees, lease payments, or service payments as may be established from time to time by agreement of the parties. A copy of any service contract shall be filed with the responsible public entity. In negotiating user fees under this section, the parties shall establish payments or fees that are the same for persons using the facility under like conditions and that will not materially discourage use of the qualifying project. The execution of the comprehensive agreement or any amendment thereto shall constitute conclusive evidence that the user fees, lease payments, or service payments provided for comply with this chapter. User fees or lease payments established in the comprehensive agreement as a source of revenues may be in addition to, or in lieu of, service payments.C\n\nIn the comprehensive agreement, the responsible public entity may agree to make grants or loans to the private entity from time to time from amounts received from the federal, state, or local government or any agency or instrumentality thereof.D\n\nThe comprehensive agreement shall incorporate the duties of the private entity under this chapter and may contain such other terms and conditions that the responsible public entity determines serve the public purpose of this chapter. Without limitation, the comprehensive agreement may contain provisions under which the responsible public entity agrees to provide notice of default and cure rights for the benefit of the private entity and the persons specified therein as providing financing for the qualifying project. The comprehensive agreement may contain such other lawful terms and conditions to which the private entity and the responsible public entity mutually agree, including, without limitation, provisions regarding unavoidable delays or provisions providing for a loan of public funds to the private entity to develop or operate one or more qualifying projects. The comprehensive agreement may also contain provisions where the authority and duties of the private entity under this chapter shall cease, and the qualifying project is dedicated to the responsible public entity or, if the qualifying project was initially dedicated by an affected local jurisdiction, to such affected local jurisdiction for public use.E\n\nAny changes in the terms of the comprehensive agreement, as may be agreed upon by the parties from time to time, shall be added to the comprehensive agreement by written amendment.F\n\nWhen a responsible public entity that is not an agency or authority of the Commonwealth enters into a comprehensive agreement pursuant to this chapter, it shall within 30 days thereafter submit a copy of the comprehensive agreement to the Auditor of Public Accounts.G\n\nThe comprehensive agreement may provide for the development or operation of phases or segments of the qualifying project.","order_by":null,"text":{"0":{"id":254842,"text":"Prior to developing or operating the qualifying project, the private entity shall enter into a comprehensive agreement with the responsible public entity. The comprehensive agreement shall provide for:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":254843,"text":"Delivery of maintenance, performance and payment bonds, letters of credit in connection with the development or operation of the qualifying project, in the forms and amounts satisfactory to the responsible public entity and in compliance with § 2.2-4337 for those components of the qualifying project that involve construction;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":254844,"text":"Review of plans and specifications for the qualifying project by the responsible public entity and approval by the responsible public entity if the plans and specifications conform to standards acceptable to the responsible public entity. This shall not be construed as requiring the private entity to complete design of a qualifying project prior to the execution of a comprehensive agreement;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":254845,"text":"Inspection of the qualifying project by the responsible public entity to ensure that the private entity’s activities are acceptable to the responsible public entity in accordance with the provisions of the comprehensive agreement;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":254846,"text":"Maintenance of a policy or policies of public liability insurance (copies of which shall be filed with the responsible public entity accompanied by proofs of coverage) or self-insurance, each in form and amount satisfactory to the responsible public entity and reasonably sufficient to insure coverage of tort liability to the public and employees and to enable the continued operation of the qualifying project;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":254847,"text":"Monitoring of the practices of the private entity by the responsible public entity to ensure that the qualifying project is properly maintained;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":254848,"text":"Reimbursement to be paid to the responsible public entity for services provided by the responsible public entity;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":254849,"text":"Filing of appropriate financial statements on a periodic basis; and","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":254850,"text":"Policies and procedures governing the rights and responsibilities of the responsible public entity and the private entity in the event the comprehensive agreement is terminated or there is a material default by the private entity. Such policies and guidelines shall include conditions governing assumption of the duties and responsibilities of the private entity by the responsible public entity and the transfer or purchase of property or other interests of the private entity by the responsible public entity.","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"B"},"9":{"id":254851,"text":"The comprehensive agreement shall provide for such user fees, lease payments, or service payments as may be established from time to time by agreement of the parties. A copy of any service contract shall be filed with the responsible public entity. In negotiating user fees under this section, the parties shall establish payments or fees that are the same for persons using the facility under like conditions and that will not materially discourage use of the qualifying project. The execution of the comprehensive agreement or any amendment thereto shall constitute conclusive evidence that the user fees, lease payments, or service payments provided for comply with this chapter. User fees or lease payments established in the comprehensive agreement as a source of revenues may be in addition to, or in lieu of, service payments.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A8","next_prefix":"C"},"10":{"id":254852,"text":"In the comprehensive agreement, the responsible public entity may agree to make grants or loans to the private entity from time to time from amounts received from the federal, state, or local government or any agency or instrumentality thereof.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"11":{"id":254853,"text":"The comprehensive agreement shall incorporate the duties of the private entity under this chapter and may contain such other terms and conditions that the responsible public entity determines serve the public purpose of this chapter. Without limitation, the comprehensive agreement may contain provisions under which the responsible public entity agrees to provide notice of default and cure rights for the benefit of the private entity and the persons specified therein as providing financing for the qualifying project. The comprehensive agreement may contain such other lawful terms and conditions to which the private entity and the responsible public entity mutually agree, including, without limitation, provisions regarding unavoidable delays or provisions providing for a loan of public funds to the private entity to develop or operate one or more qualifying projects. The comprehensive agreement may also contain provisions where the authority and duties of the private entity under this chapter shall cease, and the qualifying project is dedicated to the responsible public entity or, if the qualifying project was initially dedicated by an affected local jurisdiction, to such affected local jurisdiction for public use.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"12":{"id":254854,"text":"Any changes in the terms of the comprehensive agreement, as may be agreed upon by the parties from time to time, shall be added to the comprehensive agreement by written amendment.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"13":{"id":254855,"text":"When a responsible public entity that is not an agency or authority of the Commonwealth enters into a comprehensive agreement pursuant to this chapter, it shall within 30 days thereafter submit a copy of the comprehensive agreement to the Auditor of Public Accounts.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"14":{"id":254856,"text":"The comprehensive agreement may provide for the development or operation of phases or segments of the qualifying project.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":13265,"edition_id":1,"name":"The Public-Private Education Facilities and Infrastructure Act of 2002","identifier":"22.1","label":"chapter","depth":2,"order_by":1,"parent_id":12881,"metadata":{},"date_created":"2026-06-26 03:44:33","date_modified":"2026-06-26 03:44:33","permalink":{"id":250511,"object_type":"structure","relational_id":13265,"identifier":"22.1","token":"56\/22.1","url":"\/56\/22.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12881,"edition_id":1,"name":"Public Service Companies","identifier":"56","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":248473,"object_type":"structure","relational_id":12881,"identifier":"56","token":"56","url":"\/56\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":54549,"structure_id":13265,"section_number":"56-575.1","catch_line":"Definitions","url":"\/56-575.1\/","token":"56\/22.1\/56-575.1","metadata":false},{"id":54274,"structure_id":13265,"section_number":"56-575.10","catch_line":"Federal, state and local assistance","url":"\/56-575.10\/","token":"56\/22.1\/56-575.10","metadata":false},{"id":56009,"structure_id":13265,"section_number":"56-575.11","catch_line":"Material default; remedies","url":"\/56-575.11\/","token":"56\/22.1\/56-575.11","metadata":false},{"id":87080,"structure_id":13265,"section_number":"56-575.12","catch_line":"Condemnation","url":"\/56-575.12\/","token":"56\/22.1\/56-575.12","metadata":false},{"id":82966,"structure_id":13265,"section_number":"56-575.13","catch_line":"Utility crossing","url":"\/56-575.13\/","token":"56\/22.1\/56-575.13","metadata":false},{"id":81141,"structure_id":13265,"section_number":"56-575.14","catch_line":"Police powers; violations of law","url":"\/56-575.14\/","token":"56\/22.1\/56-575.14","metadata":false},{"id":73223,"structure_id":13265,"section_number":"56-575.15","catch_line":"Sovereign immunity","url":"\/56-575.15\/","token":"56\/22.1\/56-575.15","metadata":false},{"id":63083,"structure_id":13265,"section_number":"56-575.16","catch_line":"Procurement","url":"\/56-575.16\/","token":"56\/22.1\/56-575.16","metadata":false},{"id":80943,"structure_id":13265,"section_number":"56-575.17","catch_line":"Posting of conceptual proposals; public comment; public access to procurement records","url":"\/56-575.17\/","token":"56\/22.1\/56-575.17","metadata":false},{"id":77861,"structure_id":13265,"section_number":"56-575.17:1","catch_line":"Contributions and gifts; prohibition during approval process","url":"\/56-575.17_1\/","token":"56\/22.1\/56-575.17_1","metadata":false},{"id":71889,"structure_id":13265,"section_number":"56-575.18","catch_line":"Auditor of Public Accounts","url":"\/56-575.18\/","token":"56\/22.1\/56-575.18","metadata":false},{"id":79879,"structure_id":13265,"section_number":"56-575.2","catch_line":"Declaration of public purpose","url":"\/56-575.2\/","token":"56\/22.1\/56-575.2","metadata":false},{"id":62611,"structure_id":13265,"section_number":"56-575.3","catch_line":"Prerequisite for operation of a qualifying project","url":"\/56-575.3\/","token":"56\/22.1\/56-575.3","metadata":false},{"id":80801,"structure_id":13265,"section_number":"56-575.3:1","catch_line":"Adoption of guidelines by responsible public entities","url":"\/56-575.3_1\/","token":"56\/22.1\/56-575.3_1","metadata":false},{"id":78855,"structure_id":13265,"section_number":"56-575.4","catch_line":"Approval of qualifying projects by the responsible public entity","url":"\/56-575.4\/","token":"56\/22.1\/56-575.4","metadata":false},{"id":54265,"structure_id":13265,"section_number":"56-575.5","catch_line":"Service contracts","url":"\/56-575.5\/","token":"56\/22.1\/56-575.5","metadata":false},{"id":71324,"structure_id":13265,"section_number":"56-575.6","catch_line":"Affected local jurisdictions","url":"\/56-575.6\/","token":"56\/22.1\/56-575.6","metadata":false},{"id":83102,"structure_id":13265,"section_number":"56-575.7","catch_line":"Dedication of public property","url":"\/56-575.7\/","token":"56\/22.1\/56-575.7","metadata":false},{"id":58668,"structure_id":13265,"section_number":"56-575.8","catch_line":"Powers and duties of the private entity","url":"\/56-575.8\/","token":"56\/22.1\/56-575.8","metadata":false},{"id":70640,"structure_id":13265,"section_number":"56-575.9","catch_line":"Comprehensive agreement","url":"\/56-575.9\/","token":"56\/22.1\/56-575.9","metadata":false},{"id":86484,"structure_id":13265,"section_number":"56-575.9:1","catch_line":"Interim agreement","url":"\/56-575.9_1\/","token":"56\/22.1\/56-575.9_1","metadata":false}],"previous_section":{"id":58668,"structure_id":13265,"section_number":"56-575.8","catch_line":"Powers and duties of the private entity","url":"\/56-575.8\/","token":"56\/22.1\/56-575.8","metadata":false},"next_section":{"id":86484,"structure_id":13265,"section_number":"56-575.9:1","catch_line":"Interim agreement","url":"\/56-575.9_1\/","token":"56\/22.1\/56-575.9_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-575.9\/","history_text":"

This law was first created in 2002. The record of its establishment is cataloged in chapter 571<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2003, chapter 1034<\/a>; in 2004, chapter 986<\/a>; in 2005, chapter 865<\/a>.<\/p>","references":[{"id":54549,"section_number":"56-575.1","catch_line":"Definitions","order_by":null,"url":"\/56-575.1\/"},{"id":78855,"section_number":"56-575.4","catch_line":"Approval of qualifying projects by the responsible public entity","order_by":null,"url":"\/56-575.4\/"},{"id":71324,"section_number":"56-575.6","catch_line":"Affected local jurisdictions","order_by":null,"url":"\/56-575.6\/"},{"id":58668,"section_number":"56-575.8","catch_line":"Powers and duties of the private entity","order_by":null,"url":"\/56-575.8\/"}],"refers_to":[{"id":79610,"section_number":"2.2-4337","catch_line":"Performance and payment bonds","order_by":null,"url":"\/2.2-4337\/"}],"permalink":{"id":250589,"object_type":"law","relational_id":70640,"identifier":"56-575.9","token":"56\/22.1\/56-575.9","url":"\/56-575.9\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-575.9\/","token":"56\/22.1\/56-575.9","dublin_core":{"Title":"Comprehensive agreement","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-575.9","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Prior to developing or operating the qualifying project<\/span>, the private entity<\/span> shall enter into a comprehensive agreement<\/span> with the responsible public entity<\/span>. The comprehensive agreement<\/span> shall provide for: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Delivery of maintenance, performance and payment bonds<\/span>, letters of credit in connection with the development<\/span> or operation of the qualifying project<\/span>, in the forms and amounts satisfactory to the responsible public entity<\/span> and in compliance with § 2.2-4337<\/a> for those components of the qualifying project<\/span> that involve construction; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Review of plans and specifications for the qualifying project<\/span> by the responsible public entity<\/span> and approval by the responsible public entity<\/span> if the plans and specifications conform to standards acceptable to the responsible public entity<\/span>. This shall not be construed as requiring the private entity<\/span> to complete design of a qualifying project<\/span> prior to the execution of a comprehensive agreement<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Inspection of the qualifying project<\/span> by the responsible public entity<\/span> to ensure that the private entity<\/span>’s activities are acceptable to the responsible public entity<\/span> in accordance with the provisions of the comprehensive agreement<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Maintenance of a policy or policies of public liability insurance (copies of which shall be filed with the responsible public entity<\/span> accompanied by proofs of coverage) or self-insurance, each in form and amount satisfactory to the responsible public entity<\/span> and reasonably sufficient to insure coverage of tort<\/span> liability to the public and employees and to enable the continued operation of the qualifying project<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Monitoring of the practices of the private entity<\/span> by the responsible public entity<\/span> to ensure that the qualifying project<\/span> is properly maintained; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Reimbursement to be paid to the responsible public entity<\/span> for services provided by the responsible public entity<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Filing of appropriate financial statements on a periodic basis; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Policies and procedures governing the rights and responsibilities of the responsible public entity<\/span> and the private entity<\/span> in the event the comprehensive agreement<\/span> is terminated or there is a material default<\/span> by the private entity<\/span>. Such policies and guidelines shall include conditions governing assumption of the duties and responsibilities of the private entity<\/span> by the responsible public entity<\/span> and the transfer or purchase of property or other interests of the private entity<\/span> by the responsible public entity<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The comprehensive agreement<\/span> shall provide for such user fees<\/span>, lease payments<\/span>, or service payments<\/span> as may be established from time to time by agreement of the parties. A copy of any service contract<\/span> shall be filed with the responsible public entity<\/span>. In negotiating user fees<\/span> under this section, the parties shall establish payments or fees that are the same for persons<\/span> using the facility under like conditions and that will not materially discourage use of the qualifying project<\/span>. The execution of the comprehensive agreement<\/span> or any amendment thereto shall constitute conclusive evidence<\/span> that the user fees<\/span>, lease payments<\/span>, or service payments<\/span> provided for comply with this chapter. User fees<\/span> or lease payments<\/span> established in the comprehensive agreement<\/span> as a source of revenues<\/span> may be in addition to, or in lieu of, service payments<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In the comprehensive agreement<\/span>, the responsible public entity<\/span> may agree to make grants or loans to the private entity<\/span> from time to time from amounts received from the federal, state<\/span>, or local government or any agency or instrumentality thereof. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The comprehensive agreement<\/span> shall incorporate the duties of the private entity<\/span> under this chapter and may contain such other terms and conditions that the responsible public entity<\/span> determines serve the public purpose of this chapter. Without limitation, the comprehensive agreement<\/span> may contain provisions under which the responsible public entity<\/span> agrees to provide notice of default and cure rights for the benefit of the private entity<\/span> and the persons<\/span> specified therein as providing financing for the qualifying project<\/span>. The comprehensive agreement<\/span> may contain such other lawful terms and conditions to which the private entity<\/span> and the responsible public entity<\/span> mutually agree, including, without limitation, provisions regarding unavoidable delays or provisions providing for a loan of public funds to the private entity<\/span> to develop<\/span> or operate<\/span> one or more qualifying projects<\/span>. The comprehensive agreement<\/span> may also contain provisions where the authority and duties of the private entity<\/span> under this chapter shall cease, and the qualifying project<\/span> is dedicated to the responsible public entity<\/span> or, if the qualifying project<\/span> was initially dedicated by an affected local jurisdiction<\/span>, to such affected local jurisdiction<\/span> for public use. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any changes in the terms of the comprehensive agreement<\/span>, as may be agreed upon by the parties from time to time, shall be added to the comprehensive agreement<\/span> by written amendment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> When a responsible public entity<\/span> that is not an agency or authority of the Commonwealth enters into a comprehensive agreement<\/span> pursuant to this chapter, it shall within 30 days thereafter submit a copy of the comprehensive agreement<\/span> to the Auditor of Public Accounts. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The comprehensive agreement<\/span> may provide for the development<\/span> or operation of phases or segments of the qualifying project<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOMPREHENSIVE AGREEMENT (\u00a7 56-575.9)\n\nA. Prior to developing or operating the qualifying project, the private entity\nshall enter into a comprehensive agreement with the responsible public entity.\nThe comprehensive agreement shall provide for:\n\n 1. Delivery of maintenance, performance and payment bonds, letters of credit\n in connection with the development or operation of the qualifying project, in\n the forms and amounts satisfactory to the responsible public entity and in\n compliance with § 2.2-4337 for those components of the qualifying project\n that involve construction;\n\n 2. Review of plans and specifications for the qualifying project by the\n responsible public entity and approval by the responsible public entity if the\n plans and specifications conform to standards acceptable to the responsible\n public entity. This shall not be construed as requiring the private entity to\n complete design of a qualifying project prior to the execution of a\n comprehensive agreement;\n\n 3. Inspection of the qualifying project by the responsible public entity to\n ensure that the private entity’s activities are acceptable to the\n responsible public entity in accordance with the provisions of the\n comprehensive agreement;\n\n 4. Maintenance of a policy or policies of public liability insurance (copies\n of which shall be filed with the responsible public entity accompanied by\n proofs of coverage) or self-insurance, each in form and amount satisfactory to\n the responsible public entity and reasonably sufficient to insure coverage of\n tort liability to the public and employees and to enable the continued\n operation of the qualifying project;\n\n 5. Monitoring of the practices of the private entity by the responsible public\n entity to ensure that the qualifying project is properly maintained;\n\n 6. Reimbursement to be paid to the responsible public entity for services\n provided by the responsible public entity;\n\n 7. Filing of appropriate financial statements on a periodic basis; and\n\n 8. Policies and procedures governing the rights and responsibilities of the\n responsible public entity and the private entity in the event the\n comprehensive agreement is terminated or there is a material default by the\n private entity. Such policies and guidelines shall include conditions\n governing assumption of the duties and responsibilities of the private entity\n by the responsible public entity and the transfer or purchase of property or\n other interests of the private entity by the responsible public entity.\n\nB. The comprehensive agreement shall provide for such user fees, lease payments,\nor service payments as may be established from time to time by agreement of the\nparties. A copy of any service contract shall be filed with the responsible\npublic entity. In negotiating user fees under this section, the parties shall\nestablish payments or fees that are the same for persons using the facility\nunder like conditions and that will not materially discourage use of the\nqualifying project. The execution of the comprehensive agreement or any\namendment thereto shall constitute conclusive evidence that the user fees, lease\npayments, or service payments provided for comply with this chapter. User fees\nor lease payments established in the comprehensive agreement as a source of\nrevenues may be in addition to, or in lieu of, service payments.\n\nC. In the comprehensive agreement, the responsible public entity may agree to\nmake grants or loans to the private entity from time to time from amounts\nreceived from the federal, state, or local government or any agency or\ninstrumentality thereof.\n\nD. The comprehensive agreement shall incorporate the duties of the private\nentity under this chapter and may contain such other terms and conditions that\nthe responsible public entity determines serve the public purpose of this\nchapter. Without limitation, the comprehensive agreement may contain provisions\nunder which the responsible public entity agrees to provide notice of default\nand cure rights for the benefit of the private entity and the persons specified\ntherein as providing financing for the qualifying project. The comprehensive\nagreement may contain such other lawful terms and conditions to which the\nprivate entity and the responsible public entity mutually agree, including,\nwithout limitation, provisions regarding unavoidable delays or provisions\nproviding for a loan of public funds to the private entity to develop or operate\none or more qualifying projects. The comprehensive agreement may also contain\nprovisions where the authority and duties of the private entity under this\nchapter shall cease, and the qualifying project is dedicated to the responsible\npublic entity or, if the qualifying project was initially dedicated by an\naffected local jurisdiction, to such affected local jurisdiction for public use.\n\nE. Any changes in the terms of the comprehensive agreement, as may be agreed\nupon by the parties from time to time, shall be added to the comprehensive\nagreement by written amendment.\n\nF. When a responsible public entity that is not an agency or authority of the\nCommonwealth enters into a comprehensive agreement pursuant to this chapter, it\nshall within 30 days thereafter submit a copy of the comprehensive agreement to\nthe Auditor of Public Accounts.\n\nG. The comprehensive agreement may provide for the development or operation of\nphases or segments of the qualifying project.\n\nHISTORY: 2002, c. 571; 2003, c. 1034; 2004, c. 986; 2005, c. 865.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}