Board of Supervisors March 13,2018 Sheet 1 March 13, 2018 County of Greene, Virginia THE GREENE COUNTY BOARD OF SUPERVISORS MET ONTUESDAY,MARCH13,2018 BEGINNING AT 5:30 P.M. IN THE COUNTY MEETING ROOM. Present were: Michelle! Flynn, Chair Bill Martin, Vice Chair David Cox, Member Marie Durrer, Member Dale Herring, Member Staff] present: John C. Barkley, County Administrator Ray Clarke, County Attorney Patti Vogt, Deputy Clerk Bart Svoboda, Deputy County/Zoning Administrator Tracy Morris, Deputy County Administrator/Finance Director Melissa Meador, Emergency Services Director JeffBillker, Director of Parks and Recreation Rick Morris, Director of Fleet and Facilities Management Charles Swingler, Sheriff's Office James Howard, Director of Social Services Dan Ratzlaff, Director of] Erosion and Storm Water Alan Morris, Director of Solid Waste Operation Steve Borders, Building Official RE: BUDGET WORK SESSION recommendations include: Mr. Barkley gave al brief overview oft thel budget process to date. General assumptions and Real estate tax assessment remains level at $.775/$100 General fee schedule for County services remains level Water facility feei increases by $10 per equivalent dwelling unit (edu) Limits on new programs, personnel, and County vehicles Outsourcing services VS. staffincreases where feasible Investment in current workforce with 3% overall salaryincrease Revenue estimates indicate $1.5 million ini new local revenue. Overall budget (all funds) increases by 4.43%. Spending cuts across twenty-three (23) county agencies. A decrease of Board of Supervisors March 13,2018 Sheet 2 $14.85% in County debt payment obligations. Total debt service decreases from $2,423,658 in FY20181 to $2,063,722 in FY2019. Decrease of12.1%i in contractual funding obligations for the Central VA Regional Jail. Increase of9.22% in local funding for education. Local school budget request increases from $16,014,873 to $17,491.209. Increase of 18.12% in funding for law Mr. Herring questioned increase in facility fee. Mr. Barkley said fee willl be $20 per month for residential and commercial. Mr. Herring said he had understood commercial would be billed per edu. Purchased edus not currently being used would also be assessed $20 fee. Mrs. Flynn questioned the increase in capital investment for PVCC with equal payments Discussion regarding decrease in projected revenue for Parks and Recreation. This is an adjustment in revenue estimates rather than a decrease. Mrs. Flynn suggested consideration of Mr. Herring noted the schools budget included over $1 million for facilities project. Mrs. Flynn had questions regarding vehicle maintenance and facilities maintenance. The Sheriff's Office is currently having all vehicle work done elsewhere. Mr. Morris said this has VMFi iss staffed at samel level asl before that decision wasi made. Approximately 180 vehicles (schools, transit, county, Ruckersville Fire, Dyke Fire, Rescue Squad, and Blue Ridge School) are serviced at the facility. There are three full time technicians, an administrative position and the director. The rate has been $45 per hour since February, 2003. Parts are marked up at 25%. Mr. Cox said hel has problem with marking up outsourced work and parts. Mr. Morris said a $5markup Mr. Martin did not think a tax increase should be considered this year and the Board should not consider dipping into the reserve fund if at all possible. Keep increase to new local revenue Mrs. Flynn noted the Sheriff's request was $399,202 increase. This office has had unencumbered funds of close to $250,000 at the end ofeach year fori thel last five years. Significant amount ofmoney and takes fiscal management on their part. Does there need to be a decrease? Also looked at request to reclassify positions. Additional responsibilities do not necessarily mean Mr. Herring agreed with both Mr. Martin and Mrs. Flynn. Expenditures in the past have used reserve funding. Is this still true and ifs so how much per year? Mrs. Morris referred to the summary sheet which reflects $4.1 million last year and $5.1 million this year. Mrs. Flynn said we are budgeting to use this amount from reserve but not using this amount due to good fiscal stewardship. Mr. Martin said we generally get morei revenue because ofconservative estimates. Mr. Cox mentioned the request from the three volunteer fire departments saying he would like to see level contributions across the board. Upgrades to CAD system will actually save Consensus ofB Board members to not fund requests from Foothill's Child Advocacy Center enforcement. for the next three years. programs specifically for children and adults with developmental delays. resulted in a decrease in volume of vehicle maintenance. isi included for anything outsourced to cover administrative costs. available ($1.5 million plus) Requests total increase of$1.9: million. additional pay. Agreed withl holding where we are with tax rates. departments money. and Piedmont Workforce Center. Board of Supervisors March 13, 2018 Sheet 3 Consensus ofi members to approve requests for Piedmont Regional Dental Clinic, Library, Jefferson Area Board for Aging and Offender Aid and Restoration. Will consider funding for Mr. Martin felt the request by the Schools isi imminently reasonable given where we're at. Facilities project cost will be $1,023,477 this year. Increased revenue from State of $480,000. However, he did not think the school line item could go untouched. Mr. Martin said that as ai major Mrs. Flynn saidi iti is very clear tol her tough decisions have been made already by the School Mr. Herring noted the school budget and Sheriff's Office are largest increases. Look at Discussed proposed reclassifications of positions or salary supplements for Sheriff's Discussed capital improvements line item. Noted facilities study was just received last The Board will continue the budget work session on Thursday, March 15 at 5:30 p.m. in Rideshare next year. advocate for schools. Board. The majority ofthe proposed increase is going into personnel. those two budgets and probably get toj point where we need to be. Office, Vehicle Maintenance and Planning Department. week. Consensus ofmembers to decrease that line item by $100,000. Continued discussion ofc other department budget requests. the county meeting room. RE: PUBLIC MEETING The Chair opened the meeting with the Pledge of Allegiance followed by a moment of silence. RE: CONSENT. AGENDA on the consent agenda: a. b. C. d. Upon motion by Bill Martin and unanimous vote, the Board approved the following items Minutes ofl February 27, 2018 meeting. Resolution for. Jefterson-Madison Regional Library - Same Page Initiative. (See Affirm resolution for the declaration ofa a local emergency on March 3, 2018. (See Attachment "A") Attachment "C") Recorded vote: Independence Day resolution. (See. Attachment "B") Michelle Flynn Bill Martin David Cox Marie Durrer Dale Herring Yes Yes Yes Yes Yes Motion carried. RE: RECOGNITION: - CULPEPER SOIL AND WATER CONSERVATION DISTRICT Mr. Cox presented a certificate ofrecognition to the Culpeper Soil and Water Conservation District. Present were: Bob Runkle, Greene County representative, Philip Morris, Vice Chair and Board of Supervisors March 13,2018 Sheet 4 Greene County representative, Sarah Sharpe, Extension Agent, Lynn Graves, Chair and Greg Wichelns, District Manager. Mr. Wichelns gave al brief presentation on activities oft the District. RE: MATTERS FROMTHE PUBLIC County needs to be attentive to walk out. Nancy Rodland - Read letter from former teacher to students and teachers about the planned "walk out" at high schools tomorrow. Don't walk out, read this instead. She said the Ginny Reese - JMRL Librarian - Spoke briefly on the Same Page Initiative which is basically the same as the Big Read ofprevious years. Everyonei isi invited and encouraged to read What We Talk. About When We Talk. About Anne Frank by Nathan Englander. Also provided RE: PUBLIC HEARING - AMEND GREENE COUNTY CODE - ECONOMIC Mr. Barkley reviewed the proposed amendment to the Greene County Code, Chapter 30, Section 30-1 - Economic Development Authority which would allow the EDA to finance an details about Winter Reading Program. DEVELOPMENT AUTHORITY unlimited number of facilities. The public hearing was opened and closed with no comments. the Greene County Code as presented. (See Attachment "D") Upon motion by Bill Martin and unanimous vote, the Board approved the amendment to Recorded vote: Michelle Flynn Bill Martin David Cox Marie Durrer Dale Herring Yes Yes Yes Yes Yes Motion carried. TOA-1 ZONE RE: PUBLIC HEARING - REZONE REQUEST FROMTHOMASEJ MORRIS-R-IZONE Mr. Svoboda reviewed the request from Thomas F. Morris to rezone approximately 5.14 acres of an 8.61 acre split zoned parcel from R-1, Residential to A-1, Agriculture. This rezone would result int the entire tract being designated as A-l,Agriculture. Thep parcel is located on Snow Hill Road off of Bacon Hollow Road and is identified on County Tax Maps as 46-(A)-43B. The applicant is requesting this rezone to be able to subdivide the land and place mobile homes for rental properties. Mobile homes are: not allowed in the R-1, Residential, district. The Planning Commission recommended approval of the requested rezone. Mr. Morris, applicant, spoke briefly on his request. The public hearing was opened and closed with no comments. (RZ#17-006). Uponi motion' byl David Cox and unanimous vote, the Board approved RZ#17-006 toi rezone tax map parcel 46-(A.)-43B from R-1 zoning designation to an A-1 zoning designation. Board of Supervisors March 13,2018 Sheet 5 Recorded vote: Michelle Flynn Bill Martin David Cox Marie Durrer Dale Herring Yes Yes Yes Yes Yes Motion carried. RE: PUBLIC HEARING - WHITE RUN RESERVOIR - PHASEIRESOLUTION Mr. Barkley provided a brief overview oft the resolution for White Run Reservoir Phase 1 for the Economic Development Authority to secure interim financing in an amount not to exceed $10million. Mr. Daniel Lauro, Bond Counsel, and Mr. Joel Mason, Davenport, were] present. This would cover wetland stream credits and preliminary engineering design of water impoundment facility. The public hearing was opened and closed with no comments. Upon motion by Bill Martin and unanimous vote, the Board approved the resolution as proposed. (See Attachment "E") Recorded vote: Michelle Flynn Bill Martin David Cox Marie Durrer Dale Herring Yes Yes Yes Yes Yes Motion carried. RE: VDOT QUARTERLY MEETING Mr. Joel Denunzio, VDOT Resident Engineer, reviewed the monthly report. (See There will be a public hearing on April 5 at Ruckersville Elementary School to discuss Mr. Cox asked that Route 628, Mission Home Road, bei reviewed as aj possible Rural Rustic Mr. Denunzio said hel has purchased radar signs, which is a great way oft traffic calming in Mrs. Flynn said the intersection of Route 33 and Route 607 in Orange County is not safe. Attachment "F") proposed improvements to the Route 29/Route 33 intersection. Road project. subdivisions, for use: in Greene. Mr. Denunzio noted that intersection is in the Louisa Residency area. RE: EMERGENCY COMMUNICATION CENTER Mrs. Flynn said the Sheriff's Office hosted a meeting with Fire and Rescue regarding the CAD system. Sheriff is working on taking that out of this year's budget which will result in an annual decrease in expenses for Fire and Rescue. There was a conference call today with County Administration and Sheriff" S Office to clarify questions about VCIN and operation of VCIN for emergency communications. Board of Supervisors March 13,2018 Sheet 6 RE: BLIGHTED PROPERTIES Mrs. Flynn said the Code of VA already included information allowing the County to address concerns about blighted properties. Email was sent asking County to review two properties: tax map numbers 60C-A-02 (Route 29 = old Mr. B's) and 37A-A-76 (Route 230, Mr. Svoboda said letter was sent out forj property on Route! 29. The other location is within the Town of Stanardsville limits and he would like to confer with the Mayor prior to sending that burned out house on left next to Stanardsville Baptist Church). letter. RE: LIAISON REPORTS Mr. Cox said Emergency Services meets next' Tuesday. Mr. Herring said Broadband meeting included aj presentation by Madison Gigabit Internet. Thomas Jefferson Planning District Commission met and the Planning Commission meets next Mrs. Durrer said the Central VA Regional Jail met last Thursday. Money for a new roof Mr. Martin said another meeting on the Ruckersville Area Plan will be held on March 29 at the Holiday Inn Express. School Board meeting tomorrow night. Greene County Arts Festival Wednesday. onj part ofbuilding is already in the budget. on Saturday, March 24. Mrs. Flynn said Social Services and JABA will meet next week. RE: COUNTY ADMINISTRATOR UPDATE An updated listing of vacancies on boards and commission is being advertised and posted Budget workshop on Thursday, March 15 at 5:30 p.m. in county meeting room. Public on web site. hearing on budget will be April 24. RE: OTHER ITEMS FROM BOARD Mr. Martin recognized Mr. Oliver Price, representative of Rappahannock Electric Coop. Mr. Price said over 350 poles were broken and numerous transformers damaged during recent storm event. Over 200 additional personnel were on the job during repair period. Mrs. Flynn noted the tremendous response from first responders during this event. RE: ADJOURN MEETING Meeting was adjourned. The Board will hold a budget work session on Thursday, March 15,2 2018 at 5:30 p.m. in the County Meeting Room. The next regular scheduled meeting of the Board will be on Tuesday, March 27,2018. Flynn, Chair Mkipau Greene County Board of Supervisors. Board of Supervisors March 13, 2018 Attachment "A" SAME PAGE 2018: by Nathan Englander "What We Talk About When We Talk About Anne Frank" WHEREAS, Same Page provides citizens with the opportunity to read and discuss a single book WHEREAS, the. Jefterson-Madison Regional Library invites all book lovers to participate in Same WHEREAS, the library's goal is to encourage all residents of Central Virginia to read and discuss WHEREAS, the book is a collection ofe feight stories that explore themes such as trust, neighborliness WHEREAS, Same Page is generously funded by the Friends of. JMRL, and supported by the Art NOW, THEREFORE BE IT RESOLED that the Greene County Board of Supervisors does hereby proclaim Same Page during March 2018 and encourages all residents to read "What WeTalk About" during within their community by an author appearing at the Virginia Festival oft the Book; and Page, which will bel held throughout March 2018; and "What WeTalk. About When We' Talk About Anne. Frank" by Nathan Englander; and and the. Jewish identity; and and Jane Hess Fund ofthel Library Endowment and the Virginia Festival oft the Book; this time. Adopted in Open Meeting this 13th day ofl March, 2018. d.00e Michelle Flynn, alupu Greene County Board of Supervisors Board of Supervisors March 13, 2018 Attachment "B" RESOLUTION WHEREAS, the Town of Stanardsville is sponsoring an Independence Day parade and celebration and has established a committee to organize that celebration and raise funds to support the planned activities; and WHEREAS, the Stanardsville Independence Day Committee is partnering with the Greene County Chamber of Commerce and other entities to produce ai memorable parade and celebration with music, food vendors, games, fireworks, and other family-fun activities tol benefit the entire community, especially local charitable organizations; and WHEREAS, the Committee has been meeting regularly to plan the Independence Day celebration and has been actively seeking sponsors from the business community and individuals, including organizing several fundraising events; NOW, THEREFORE, BE IT RESOLVED, that the Greene County Board of Supervisors urges residents, businesses and civic organizations in the community to support the Stanardsville Independence Day Committee's efforts to raise necessary funds for their planned celebratory activities. Adopted in open meeting this 13th day ofMarch, 2018. Mdullupu Michelle Flynn, Chair Greene County Board of Supervisors ATTEST: CAALE Vogt, Clerk Board of Supervisors March 13, 2018 Attachment "C" RESOLUTION FOR THE DECLARATION OFA LOCAL EMERGENCY WHEREAS, the Board of Supervisors of the County of Greene, Virginia does hereby find that: 1. Due to the occurrence of severe weather, the County of Greene is facing a condition of extreme peril to the lives, safety and property ofthe residents of Greene County; 2. That as a result of this extreme peril, the proclamation of the existence of an emergency is necessary to permit the full powers of government to deal effectively with this condition of peril as of10001 hours on the 3rd day ofl March, 2018. NOW, THEREFORE, IT IS HEREBY PROCLAIMED by the Board of Supervisors of the County of Greene, Virginia, that a local emergency now exists throughout the County of Greene; IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said emergency, the powers, functions and duties of the Director of Emergency Management and the Emergency Management organization and functions of the County of Greene shall be those prescribed by state law and the ordinances, resolutions and approved plans of the County of Greene in order to In order to carry out the effect oft this resolution, a sum ofmoney, not to exceed $5,000, is hereby appropriated from the county's unappropriated fund balance to cover the reasonable operational cost of Emergency Management pending further report to this Board and such additional appropriations as shall be deemed necessary to cover the expected scope of this emergency. Affirmed and adopted this 13th day of March, 2018 due to the emergency conditions caused by and mitigate the effects ofs said emergency. the severe wind event. yolicillo Michelle Flynn, Greene Ryp County Board of Supervisors Altést: John C. Barkley, County Administrator Board of Supervisors March 13, 2018 Attachment "D" Chapter 30 COMMUNITY DEVELOPMENT Sec. 30-1. Economic Development Authority (a) There is hereby created aj political subdivision of the commonwealth with such public and corporate powers as are set forth int the Industrial Development and Revenue Bond Act (Code ofVirginia $15.2-4900 et. seq.), as amended from time to time. (b) Thei name oft the political subdivision hereby created shall be the Economic (c) Pursuant to the provisions ofCode ofVirginia $15.2-4903, as amended, the (d) This section may be amended from time to time by the board of supervisors. (e) Nothing in this section shall affect any action taken by the authority prior to its adoption, and all actions by the authority taken pursuant to this section as it existed (Ord. of2-16-76 SS 1-5; Ord. of8-4-79; Ord. of12-21-81; Ord. of1-10-06; Ord. of3-13- Development Authority of Greene County, Virginia. number of facilities which the authority may finance shall be unlimited. prior to its adoption are ratified and affirmed. 18). State Law Reference - Code of Virginia $15.2-4900 et.. seq. Board of Supervisors March 13, 2018 Attachment "E" Boardo of Supervisors of Greene County March 13, 2018 Regular Public Meeting Reservoir Project-Phasel RESOLUTION WHEREAS, the Economic Development Authority of Greene County, Virginia (the "Authority")is: a political subdivision of the Commonwealth of Virginia (the "Commonwealth") empowered by the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2 oft the Code of Virginia, 1950, as amended (the "Act"), to issue its bonds or notes, among other things, to finance the acquisition, construction, improvement, and equipping of facilities for use by governmental entities in the Commonwealth, for the benefit of the inhabitants of the Commonwealth and the County of Greene, Virginia (the "County"), through the increase of commerce or through the promotion of their safety,. health, welfare, convenience or prosperity, among other things; and WHEREAS, the Authority is also authorized toj pledge, among other things, all or any part ofi its revenues, including rental revenues, in order to provide all or any portion-o of the security for the payment ofi its revenue obligations; and WHEREAS, pursuant to ai resolution duly approved by thel Board ofswpervsorsofOreene County, Virginia (the "Board") on December 12, 2017, the County stated its interest to undertake and finance the acquisition, construction, reconstruction, expansion, and equipping of capital projects for the County's water system, particularly a water supply reservoir and reservoir intake system and facilities-related théreto, including but not limited to a water treatment facility, raw water intake and pump station, approximately 17,000 linear feet of 30 inch raw water piping, access road(s), and associated appurtenances, including payment of engineering fees and other preliminary. costs and costs ofissuance in connection with such undertakings by the County (all capital projects for suchy purposes being referenced herein as the "Reservoir Project"); and WHEREAS, pursuant to the Board's resolution approved on December 12, 2017, the County formally requested the assistance of the Authority to obtain interim financing through a bond anticipation, note for the County to purchase certain required Compensatory Mitigation Credits and to pay çosts for preliminary engineering and design work for the Reservoir Project and pay costs ofi issuance related to the bond anticipation note (collectively, the "Reservoir Project - Phase l"); and WHEREAS, United Bank (the Bank"or"Nateholder) has offered toj providetax-exempt financing for the capital costs of the Reservoir Project = Phase I pursuant to the provisions of certain term sheets, dated February 7, 2018 and February 20, 2018, copies of which are attached hereto as Exhibit A (collectively, the "Bank Term Sheet"), and purchase an up to $10,000,000 Economic Development Authority of Greene County, Virginia Lease Revenue Bond Anticipation Note (Reservoir Project - Phase I), Series 2018 (the "BAN"); and WHEREAS, in order to accomplish such financing of the capital costs of the Reservoir Project - Phase I, the County shall lease the Leased Property (as described on Exhibit B attached -1- hereto) to the Authority pursuant to the terms and provisions of that certain Lease, to be dated on or around March 13,2018 (the "Lease") and recorded on the closing date ofthel BANin the Clerk's Office of the Circuit Court of the County ("Clerk's Office"), which Lease shall describe, among other things, a term thereof that shall correlate to the term of the BAN and the obligations thereunder; and WHEREAS, the. Authority shall lease back the Leased Property to the County pursuant to the terms of a Financing Lease (the "Financing Lease"), by and between the Authority and the County, to be dated on or around March 13, 2018 and recorded in the Clerk's Office immediately subsequent to the Lease; and WHEREAS, under the terms of the Financing Lease, including the provisions describing the limitations regarding receipt of sufficient appropriations from the Board therefor, the County agrees, among othert things, to pay Basic Rent (as defined in thel Financing Lease) tot the Authority, which payments shall mirror the principal andi interest due on1 the BAN, among other payments to the. Authority, ifa any; and WHEREAS, iti is to be understood that the obligations. of the Counfyunder the Financing Lease shall constitute a current expense ofthe County, subject to annual appropriations being made therefor by the Board and, accordingly, that subject to the Assignment (defined below), the Financing Lease may be terminated if funds are not appropriated by the Board to make payments thereunder in subsequent years, all as particularly described in the Financing Lease; and WHEREAS, the County and the Authority shall also. çonvey an Assignment of] Rents and Leases with respect to the Leased: Property, dated as of March 13, 2018, for the benefit of the Noteholder (the "Assignment"), to be recorded in the Clerk's Office immediately after the Lease and the Financing Leasein,order; to, among other, things, duly assign the Authority's rights to receipt ofs such-Rental Payments (as described in the Agreement) to the Noteholder; and WHEREAS, the obligations of the County. to make Rental Payments under the Financing Lease shallnot constitute a debt ofthe County within the meaning ofa fany constitutional or statutory limitation nora liability of or.a lien or charge upon funds or property of the County beyond any fiscal year forwhich the Board: has appropriated moneys to make such payments; and WHEREAS, the BAN would be a limited obligation of the Authority in accordance with the provisions of the Act,the principal of and interest on which is payable solely out oft the rental revenues of the Authority as provided under the BAN, and, further, under the lease financing arrangement described herein pursuant to the Basic Documents (defined below) including that certain Note Purchase and Loan Agreement, to be dated on or around March 13, 2018, between the Authority, as issuer of the BAN, and the Bank, as purchaser thereof, and the County (the "Agreement"); and WHEREAS, as additional security for the payment of the principal of and interest on the BAN, among other obligations of the Authority and the County to the Noteholder described thereunder, the Bank has required the Board to authorize the execution and delivery ofa Support Agreement by and among the County, the Authority, and the Bank, dated as of March 15, 2018 -2- (the "Support Agreement") to provide the County's agreement forai non-binding moral obligation to consider appropriating such amounts as may be requested from time to time pursuant to the Financing Lease, to the fullest degree and in such manner as is consistent with the Virginia Constitution and laws of the Commonwealth of Virginia, in order for the County to pay, among other amounts, the Rental Payments (as defined in the Financing Lease); and WHEREAS, as described herein, the transactions with respect to the financing of the Reservoir Project- - Phase Is shall be established pursuant to the terms ofthe Agreement (including the form of the BAN, bearing interest and being payable as provided therein), the Lease, the Financingl Lease, the Assignment, a Certificate ast tol Nonarbitrageand' Tax Compliance Agreement ofthe Authority and County to be dated the closing date oft the BAN, and the Support Agreement, together with any other certificates, agreements, tax information reports, questionnaires, and instruments in connection with the BAN as may be required by the Bank or otherwise advised by bond counsel (collectively, the "Basic Documents"); and WHEREAS, the terms and provisions of the BAN have been generally described and presented at this duly held public meeting of the Board, including the transactions and the nature ofthe obligations oft the County and the Authority contemplated thereunder, and WHEREAS, with respect to the BAN, copies of the Fiscal Impact Statement, the Certificate of Publication of Public Notice, and a Summary of Public Comments, and, further, a copy ofsuch authorizing resolution ofthe Authority duly adopted on February 20,2018 approving the issuance thereof, have been filed with the Board; all as required by law and pursuant to the Act; and WHEREAS, toaccomplishithe lease financing for the Reservoir Project = Phase I and satisfy the requirements ofthe Noteholder as sèt'forth in the Bank Term Sheet, the County has held a duly noticedpublic hearingimmediately prior hereto in connection with its intent to enter a lease arrangement ofthe LeasedProperty with the Authority and make an assignment of rents and leases tothe Bank in order to secure payment the BAN. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County ofGreene, Virginia, as follows: 1. 2. Approval and Incorporation of Recitals. The Recitals set forth above are Authority's Issuance of the BAN. The Board hereby affirms its desire to approved, confirmed, and fully incorporated in the text ofthis Resolution. undertake the Reservoir Project - Phase I pursuant to the terms and provisions of the Basic Documents as described above, and confirms its request for financing assistance of the Authority by the issuance of the BAN in a principal amount not to exceed $10,000,000, to be paid from revenues derived from Rental Payments (as described in the Financing Lease) to be made by the County from time to time, under the terms and conditions as set forth herein and in the Basic Documents. To such end, the Board hereby approves semi-annual interest installments and a -3- principal payment that shall be due and payable under the BAN (such amounts representing the correlating Rental Payments that shall be payable by the County in connection therewith). 3. Authorization of Basic Documents. The Basic Documents, including all transactions contemplated thereby, are hereby approved and confirmed in substantially the forms described at this meeting and filed with the County Administrator, with all such changes, insertions, or omissions (including, without limitation, changes of the dates thereof) as may be advised by bond counsel and finally approved by the Chair or Vice Chair of the Board or the County Administrator, any one or more of whom may act, whose approval shall be evidenced conclusively by the execution and delivery oft the Basic Documents. 4. Execution of Basic Documents. The Chair or the Vice Chair oft the Board or the County Administrator or the Deputy County Administrator/Pinance Director, any one or more of whom may act, are each authorized to execute and. deliver on behalf of the County the Basic Documents and, ifrequired, the Clerk or any Deputy Clerk oft the Board is authorized and directed to affix or to cause to be affixed the seal of the County thereto and to attest such seal. All such officers or their designees are authorized to execute and deliver on behalf of the County all such furtheri instruments, documents or certificates, and to do and perform such things and acts, as they shall deem necessary or appropriate to carry out the trânsactions authorized by this Resolution or otherwise contemplated by the Basic Documents. All ofthe foregoing, previously done or performed by such officers or agents oft the County, and all actions previously taken in- furtherance of the intent set forth in this Resolution, are in all respects approved, ratified, and confirmed, in their entirety. Further, the execution and delivery of, and performance by the County of, its obligations under the Basic Documents and otherwise in furtherance of the purposes of the Reservoir Project - Phase I are approved and authorized in all respects. 5. Naturéoft the County's Payment Obligations in connection with BAN:Support Agreement. Nothing in this Resolution, the BAN, or the Basic Documents shall constitute a general obligation debt of the County or the Authority within the meaning of the Virginia Constitutionor Virginia statutory law. Further, it is to be expressly understood that the Authority shall not be obligated to make any payments under the BAN or the Basic Documents except from payments made by or on behalfoft the County under the Financing Lease; provided, however, the payment obligations of the County, as set forth therein and otherwise in the Basic Documents, shallr noti include any binding commitment beyond the current fiscal year ofthe County, as provided by law. Furthermore, the County's obligations to pay the cost and expense of performing its obligations under the BAN and the other Basic Documents, including without limitation its obligation to pay all Rental Payments (as described in the Financing Lease) and any other payments under the Basic Documents, under all circumstances, are subject to and dependent upon appropriations being made from time to time by the Board for such purposes. The Board affirms its prior determination that the Reservoir Project - Phase Ia and the transactions contemplated thereby and by the Reservoir Project - Phase I, shall increase the health, welfare and prosperity oft the inhabitants oft the County and the Commonwealth ofVirginia, and, accordingly, hereby undertakes al non-binding obligation to appropriate such amounts as may 4- be requested from time to time as described herein, to the fullest degree and in such manner as is consistent with the Virginia Constitution and laws ofthe Commonwealth of Virginia. The Board, while recognizing that it is not empowered to make any binding commitment to make such appropriations in future fiscal years, hereby states its intent to make such appropriations in future fiscal years, and hereby recommends that futurel Boards ofs Supervisors do likewise. Nothing herein contained is or shall be deemed to be a lending oft the credit oft the County to the Noteholder or to any other person, and nothing herein contained is or shall be deemed to be a pledge of the faith and credit for the taxing power of the County, nor shall anything herein contained legally bind or obligate the Board to appropriate funds for the purposes described herein. Accordingly, the Board hereby approves the execution and delivery of an agreement of support of the County, as required by the Bank under the Bank Term Sheet, in connection with the Authority's issuance of the BAN. The Chair or Vice Chair of the Board, or the County Administrator, or Deputy County Administrator/Finance Director, any one or more of whom may act, are each hereby authorized and directed to execute and deliver the Support Agreement in substantially in the form presented at this meeting and attached hereto as Exhibit C, which formi is hereby approved. Tot the fullest extent permitted by law,the Board hereby agrees toj pay to the Bank all such amounts required under the Basic Documents sufficient to pay, for the benefit oft the Authority, the principal ofand interest on the BAN, together with any other payment obligations owed by the Authority in connection with the BAN, subject in all cases to annual (or other timely) appropriations by the Board therefor, from time to time. Tot this end, the Board hereby directs the County Administrator or other appropriate officer to include in the budget for each fiscal year oft the County during the term of the Financing Lease a request that the Board appropriate each fiscal year. while the BAN shall remain outstanding, the amount of such Rental Payments and any other payments due from the County under the Financing Lease. or other Basic Documents during such ensuing fiscal year. Itist to: be understood that, if at any time during the term oft the BAN a deficiency ins such! Rental Paymènts shall arise, the CountyAdministrator: shall notify the Board ofthe amount ofsuchi insufficiency and shall request a supplemental appropriation from the Board in the amount necessary tomake such payment(s). The Board shall consider such request at its next regularly scheduled meeting at which iti is possible to satisfy any applicable notification requirement. Promptly after such meeting, the County Administrator shall notify the Noteholder as to whether the amount sO requested was appropriated. Ifthe Board shall fail to make sure appropriation, the County Administrator: shall add the amount of such requested appropriation to the report by the County Administrator for the County's next fiscal year. 6. 7. Financial Reporting. The County shall provide to the Bank a copy ofthe County's Virginia State Non-Arbitrage Program. The Board hereby determines that itis comprehensive annual financial report (CAFR) during each year oft the term oft the BAN. in - the best interest of the County to authorize and direct the County Administrator, Secretary/Treasurer, and the Authority to the extent necessary, to participate in the State Non- Arbitrage Program of the Commonwealth of Virginia ("Virginia SNAP") in connection with the proceeds of the BAN, and hereby authorize the Contract with Virginia SNAP and any other necessary documentation, as may be advised by the County's financial advisors and bond counsel. -5- The Board acknowledges that its decision to authorize participation in Virginia SNAPi is based solely on the information set forth in thel Information Statement describing Virginia SNAP and ini the Contract respecting Virginia SNAP, all as provided by Virginia SNAP, and the County hereby acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the County or the Authority in connection with Virginia SNAP, except as otherwise provided in the Contract. 8. Further Actions. The Chair or Vice Chair of the Board, either of whom may act, the County Administrator, the Deputy County Administrator/Finance Director, and such other officers, employees, and agents ofthe County as may be necessary or convenient, any oneormore of whom may act, shall take all such further actions as may be required by law or otherwise necessary or convenient in order to carry out the intent and accomplish the purposes of this Resolution, all as contemplated herein, in order for the County to accomplish the Reservoir Project -F Phase I, and the financing thereofby the Authority. All prior actions and any further actions in furtherance ofthei intent and purposes oft this Resolution are hereby authorized and directed by the Board, and, further approved and pre-approved, confirmed, and ratified in their entirety, in all respects. Accordingly, the execution and delivery, of any and all additional closing documents, reports, questionnaires, certificates and any otherinstruments, all as may be reasonably required by the Bank or prescribed by the Internal Revenue Service or otherwise requested or advised by bond counsel are hereby approyed and authorized in all respects, provided that the principal amount oft the BAN, including any obligations oft the Authority in connection therewith, shall not exceed the amounts authorized by this Resolution and otherwise contemplated under the Bank Term Sheet and the] Basic Documents. 9. Post-Issuance. Compliance Policy. With respect to the BAN to be issued by the Authority, the* Boardzaçknowledges receipt: by the County of a copy of the Post-Issuance Compliânce Policy for Tax-Exempt: Obligations approved by the Authority on February 20, 2018 (asi may" beramended and supplemented from time to time, the "Policy"), and hereby agrees to the terms thereof The County Administrator (and any of his designees from time to time) shall coordinate withthe Authority, legal counsel, and any others as may be necessary or convenient, and from time to time, in order. for the County to continue to satisfy its ongoing post-issuance compliance responsibilities as a "conduit borrower" of the Authority, all as contemplated under the Policy or otherwisé required by law. 10. Coordination' with Authority. The County and such officers, employees, and agents of the County shall continue to coordinate with the Authority, to the fullest extent practicable, with respect to the ongoing transactions contemplated under the BAN and the Basic Documents, including tax compliance requirements thereunder, and shall take all such further actions as may be necessary or convenient or required by law in order to carry out the intent and purposes of this Resolution, the Bank Term Sheet, the BAN, and the Basic Documents. 11. Effective Date. This Resolution shall take effect immediately. -6- Approved March 13, 2018 COUNTY OF GREENE, VIRGINIA Chair, Board of Supervisors ExhibitA A: Exhibit] B: Exhibit C: Bank Term Sheets, dated February 7, 2018 andl February20, 2018, respectively. Leased Property Description Form of Support Agreement -7- CERTIFICATE The undersigned hereby certifies that the foregoing constitutes a true and correct copy of the foregoing Resolution adopted by the Board of Supervisors oft the County of Greene, Virginia, bya a roll-call vote at a regular public meeting duly held and called on March 13, 2018, at which meeting at least a quorum thereof was acting throughout, and that the recorded roll-call vote is as follows: NAME AYE NAY ABSTAIN ABSENT A. Michelle Flynn, Chair William Martin, Vice Chair Dale R. Herring Marie C. Durrer David L. Cox March 13,2018 [Seal) Clerk ofthe Board of Supervisors County of Greene, Virginia 8- EXHIBITA Bank Term Sheets (See Attached) -9- Exhibit A UNITED BANK February7,2018 Davenport & Company Attn: Joseph Mason and Courtney Rogers One James Center 901 East Cary Street-11h Richmond, VA 23219 RE: Greene County, VA (the "County") - $10 Million Request for Proposals for the 20181 BAN. Dear Messrs. Mason and Rogers: United Bank (Che "Bank") is pleased to express interest in responding to a formal RFP for financing on the potential 2018 Lease Revenue Bond Anticipation Note (the "2018 BAN") and proposes the following gencral terms and conditions outlined below. Please understand that this letter is for discussion purposes only and isnotas commitment to lend. With that said, the Term Sheet has been thoroughly vetted internally with all potential approving officers of the Bank. The proposed terms described herein are subject to the approval by the Bank's loan committees. Borrower: Loan Amount: Interest Rate: Economic Development Authority of Greene County (the Up to $10,000,000, to be funded at closing in entirety, to provide interim financing for a portion of the costs of the County's White Run Reservoir Project and, (i) pay for the costs of issuance associated with thel Note. Non-Bank Qualified" Tax Free rate of 3.25%, the taxable equivalent is 4.0%. The rate will be fixed for 2 years and will be held through the expiration "Borrower" or the "Authority) date on this term sheet. Two years from the date of closing. Initial Loan' Term: Repayment: Loan Fees: Prepayment: Collateral: Semi-annual interest payments due on July 1 and January 1, commencing on July 1, 2018, calculated on a 30/360 day basis. Principal to be due in full upon maturity. None No Bank loan origination fee for this transaction. Note to be secured by a Lease Agreement between the Authority and the County, along with the County's Moral Obligation Pledge. 1265 SEMINOLE TRAIL . CHARLOTTESVILLE, VIRGINIA . 22901 DIRECT PHONE: 434-951-6813 PAX: 434-973-5113 Greene County, VA -2018 BANI RFP Financial Reporting Requirements: 1. Annual audited financial statements for Greene County, VA within 210 3. Other information reasonably requested by the Bank that will enable Banks to assess the financial condition of the Property, Borrower, and days of fiscal year end. 2. Annual approved County Budget. Guarantor. Loan Requirements: Bank approved Lease agreement between the Authority and the County in an: amount sufficient to cover the required interest payments. If approved by the Bank, thel Loan would be evidenced by Loan documentation in form and substance thati is not limited to the terms described herein and any other terms that are mutually satisfactory to the The Borrower will be responsible for all reasonable expenses associated with documenting the loan. Expenses anticipated to only be bank legal Documentation: Bank and the Borrower. Loan Expenses: counsel, which has been cappedat$15,000. Please note that this Term Sheet is for discussion purposes only and iti is not a commitment, nor does it summarize all of the conditions, covenants, events of default or other provisions that may be included in documents required to consummate this financing. This response to the RFP is confidential and may not be disclosed to third parties without the prior consent of the Bank. This term sheet and the stated rate will expire on March 15, 2018. Thank you for giving United Bank the opportunity to present this loan proposal to you. Should you have any questions, please call me at (434) 951-6813 or email at robertwood@bankwithunited.com. Wel look forward to hearing from you. Sincerely, RtGA Robert C. Wood Jr. Market President Greater Charlottesville. Arca cc: John Barkley, Daniel Lauro 2 Exhibit A UNITED BANK February 20, 2018 Davenport & Company Attn: Joseph Mason and Courtney Rogers One James Center 901 East Cary Street-1 11th Richmond, VA 23219 RE: Greene County, VA (the "County")- $10 Million Request for Proposals for the 20181 BAN. Dear Messrs. Mason and Rogers: United Bank (the "Bank") is pleased to advise you it has approved the following terms in response to the RFP for financing on the potential 2018 Lease Revenue Bond Anticipation Note (the "20181 BAN") subject to the terms, conditions, and requirements set forth herein. This Commitment Letteri is not intended to include all provisions within the Loan Documents. Borrower: Loan Amount: Interest Rate: Economic Development Authority of Greene County (the Up to $10,000,000, to be funded at closing in entirety, to provide interim financing for a portion of the costs of the County's White Run Reservoir Project and, (i) pay for the costs of issuance associated with the Note. Non-Bank Qualified" Tax Free rate of 3.25%, the taxable equivalent is 4.0%. The rate will be fixed for 2 years and will be held through the expiration "Borrower" or the Authority) date on this term sheet. Two years from the date of closing. Initial Loan' Term: Repayment: Loan Fees: Prepayment: Collateral: Semi-annual interest payments due on July 1 and] January 1, commencing on July 1, 2018, calculated on a 30/360 day basis. Principal to be due in full upon maturity. None No Bank loan origination fee for this transaction. Note to be secured by a Lease Agreement between the Authority and the County, along with the County's Moral Obligation Pledge. 1265 SEMINOLE TRAIL - CHARLOTTESVILLE, VIRGINIA - 22901 DIRECT PHONE: 434-951-6813 FAX: 434-973-5113 Greene County, VA-20181 BANI RFP Financial Reporting Requirements: 1. Annual audited financial statements for Greene County, VA within 210 3. Other information reasonably requested by the Bank that will enable Banks to assess the financial condition of the Property, Borrower, and with confirmation of adequacy of rental income sufficient to cover annual debt service requirements at a minimum of one-to-one, including terms in the proposal which shall result in a default if the County terminates the If approved by thel Bank, the Loan would be evidenced' by Loan documentation in form and substance that is not limited to the terms described herein and any other terms that are mutually satisfactory to the The Borrower will be responsible for all reasonable expenses associated with documenting the loan. Expenses anticipated to only be bank legal days of fiscal year end. 2. Annual approved County Budget. Guarantor. Loan) Requirements: Bank approved Lease Agreement between the Authority and the County Lease. Agreement. Documentation: Bank and the Borrower. Loan Expenses: counsel, which has been capped at-$15,000. This response to the RFP is confidential and may not be disclosed to third parties without the prior consent of the Bank. This Commitment Letter and the stated rate will expire on March 15, 2018. If the loan structure presented above is acceptable to you, please sign and return this letter by March 1, 2018. Thank you for giving United Bank the opportunity to present this loan proposal to you. Should you have any questions, please call me at (434)951-6813 or email at robertwood@bankwthunited.com. We look forward to hearing from you. Sincerely, RtGA Robert C. WoodJ Jr. Market President Greater Charlottesville Area cc: John Barkley, Daniel Lauro 2 Exhibit B Leased Property County ofGreene, Virginia: Tax Map No. 51-A-25 All that certain lot or parcel of land situate in Ruckersville Magisterial District, Greene County, Virginia, together with the improvements thereon, and all rights, privileges, appurtenances, easements and rights of way thereunto belonging or in anywise appertaining, more particularly described as follows: All that certain lot or parcel shown as containing 181.009 acres, more or less, on the plat entitled "Plat Showing Utility Division of Lucy Snow Property 1477 Dairy Road (State Route 633) Greene County, Virginia," dated April 9, 2013, made by Earl W. Motley, L.S. (the "Plat"), which plat isr recorded in the Office ofthe Clerk ofthe Circuit Court ofGreene County, The real estate is the same real estate which. was acquired by the County by deed from Snow Farm, LLC dated June 12,2013, ofrecord in the Office of the Clerk of the Circuit Court of Greene County, Virginia, in Deed Book 1405, page 258, and identified as Tax Map No.: 51-A-25. TOGETHER WITH that certain forty-foot (40") easement of ingress and egress, shown on the Plat as "New 40' Ingress and Egress Easement" over and across the land ofMichael D. Snow, and an easement shown on the Plat as' "New 30 Ingress and. Egress Along Existing Farm Road" over and across the181.009 acre parcel for the benefit of Parcel A and Parcel B. Virginia. This parcel land is expressly subject to easements, conditions, restrictions and reservations contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chair of title of the property. hereby conveyed, which have not expired by limitation of time contained therein'or otherwise beçome ineffective. -10- EXHIBITC Form of Support Agreement (See Attached) 11- Exhibit C SUPPORT AGREEMENT This SUPPORT AGREEMENT (this "Support Agreement") is made as oft the 15th day of March, 2018, by and among the BOARD OF SUPERVISORS OF GREENE COUNTY, VIRGINIA (the "Board of Supervisors"), acting on behalf of the COUNTY OF GREENE, VIRGINIA (the "County"); the EÇONOMIC DEVELOPMENT AUTHORITY OF GREENE COUNTY, VIRGINIA (the "Authority"); and UNITED BANK, a Virginia banking corporation (the "Bank"). RECITALS WHEREAS, the Economic Development Authority of Greene County, Virginia (the "Authority") is a political subdivision oft the Commonwealth of Virginia (the "Commonwealth") empowered by the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2 oft the Code of Virginia, 1950, as amended (the "Act"), to issue its bonds or notes, among other things, to finance the acquisition, construction, improvement, and equipping of facilities for use by governmental entities in the Commonwealth, for the benefit of the inhabitants of the Commonwealth and the County, through the increase of commerce or through the promotion of their safety, health, welfare, convenience or prosperity, among other things; and WHEREAS, the Authority is also authorized to pledge, among other things, all or any part ofits revenues, includingrental revenues, in order to provide all or any portion oft the security for the payment ofi its revenué obligations; and WHEREAS, pursuant to a resolution duly approved by the Board of Supervisors on December 12,2017, the County. stated its interest to undertake and finance the acquisition, comsincgtogprtconsincion, expansion, and equipping of capital projects for the County's water system; particularly a wâter supply reservoir and reservoir intake system and facilities related thereto,including but not limited to a water treatment facility, raw water intake and pump station, approximately, 17,000 linear feet of 30 inch raw water piping, access road(s), and associated appuremanees,meluding payment of engineering fees and other preliminary costs and costs of issuance in connection with suchundertakingsl by the County (all capital projects for such purposes being referenced herein as the "Reservoir Project"); and WHEREAS, pursuant to the Board of Supervisors resolution approved on December 12, 2017,the County formally requested the assistance ofthe Authority in obtaining interim financing through a bond anticipation note for the County to purchase certain required Compensatory Mitigation Credits and to pay costs for preliminary engineering and design work for the Reservoir Project and pay costs ofi issuance related to thel bond anticipation note (collectively, the "Reservoir Project - Phase I"); and WHEREAS, the Bank offered to provide tax-exempt financing for the capital costs oft the Reservoir Project - Phase I pursuant to the provisions of the Bank Term Sheet, dated February 7, 2018, as formalized by the bank in a commitment letter dated February 20, 2018; and -1- WHEREAS, on March 15, 2018 (being the date of recordation hereof, and referenced Development Authority of Greene County, Virginia Lease Revenue Bond Anticipation Note (Reservoir Project - Phase I), Series 2018 (the "BAN"), in order for the Authority and the County herein as the "Closing Date"), the Bank has purchased the [$_ to provide financing to undertake the Reservoir Project - Phase I; and Economic WHEREAS, the BAN is authorized and issued by the Authority pursuant to the Act, and, further, pursuant to the terms ofthat certain authorizing resolution duly approved by the Authority on February 20, 2018, after the holding of a duly noticed public hearing (the "Authorizing Resolution"), as requested by the Board of Supervisors on December 12, 2017, and confirmed by the County in its resolution duly approved by the Board of Supervisors on March 13, 2018, (the "County Resolution"), and by a Note Purchase and Loan Agreement, dated as ofMarch 13, 2018 (the" "Agreement") by and among the Authority, the Noteholder,and the County; and WHEREAS, under the Authorizing Resolution and the County Resolution, respectively, and the Agreement, among other things, the Authority and County have confirmed the lease of certain property (the "Leased Property") from the, County to the Authority pursuant to the terms of the Lease to be dated on or around March 13,2018 and recorded on the:Closing Date of the BANin the Clerk's Office of the Circuit Court ofthe County ("Clerk'sC Office");and WHEREAS, the Authority shall lease back the Leased Property to the County pursuant to the terms of a Financing Lease (the "Financing Lease"), by and between the Authority and the County, to be dated on or around March 13,2018 and reçorded in the Clerk's Office immediately subsequent to the Lease; and WHEREAS, under the terms of the Financing Lease, including the provisions describing the limitations regarding, receipt of sufficient appropriations from the Board of Supervisors therefor, the.County agrees, among other things, to pay Basic Rent (as defined in the Financing Lease) to:theAuthority, which payments shall mirror, the principal and interest due on the BAN, amongother payments to the Authority, if any; and WHEREAS, it is tol be understood that the obligations of the County under the Financing Lease shall constitute a current expense ofthe County, subject to annual appropriations beingmade therefor by the Board of Supervisors and, accordingly, that subject to the Assignment (defined below), the Financing Lease may, be terminated if funds are not appropriated by the Board of Supervisors to make payments thereunder in subsequent years, all as particularly described in the Financing Lease; and WHEREAS, the obligations oft the County to make Rental Payments under the Financing Lease shall not constitute a debt oft the County within the meaning ofany constitutional or statutory limitation nor a liability of or a lien or charge upon funds or property of the County beyond any fiscal year for which the Board of Supervisors has appropriated moneys to make such payments; and WHEREAS, the BAN is a limited obligation of the Authority in accordance with the provisions of the Act, the principal of and interest on which is payable solely out of the rental -2- revenues of the Authority as provided under the BAN, and, further, under the lease financing arrangement described herein pursuant to the Basic Documents (defined below); and WHEREAS, the County and the. Authority also shall convey an Assignment of] Rents and Leases with respect to the Leased Property, dated as of March 13, 2018, for the benefit of the Noteholder (the Assignment"), to be recorded in the Clerk's Office immediately after the Lease and the Financing Lease in order to, among other things, duly assign the Authority's rights to receipt ofs such Rental Payments (as described in the Agreement) to the Noteholder; and WHEREAS, as additional security for the payment of the principal of and interest on the BAN, among other obligations of the Authority and the County to the Noteholder described thereunder, the Bank has required, and the Board of Supervisors, pursuant to the County Resolution, has authorized the execution and delivery of this Support Agreement to provide its agreement for a non-binding moral obligation to consider appropriating such amounts as may be requested from time to time pursuant to the Financing Lease, to the fullest degree and in such manner as is consistent with the Constitution and laws oft the Commonwealth of Virginia, in order for the County to pay, among other amounts, the. Rental Payments (as defined in the Financing Lease) for the payment of the County's obligations under the Financing Lease, including the principal of and interest on the BAN, and has recomménded that future Boards of Supervisors do likewise; and documentation: WHEREAS, the transactions contemplated hereunder shall be evidenced by the following A. The Agreement; B. Thel BAN, bearing interest and being payable as provided therein; C. The Lease; D. Thel Financing Lease; E. The Assignment; F. This Support Agreement; and G. A Certificate as to Nonarbitrage and Tax Compliance Agreement of the Authority and the County, dated as oft the Closing Date oft the BAN (the "1 Tax Certificate"), in respect to the BAN. For convenience, the Agreement, the Lease, the Financing Lease, the Assignment, this Support Agreement, and the Tax Certificate together with any other certificates, agreements and instruments in connection with the BAN are collectively referenced hereinafter as "Basic Documents." -3- NOW, THEREFORE, for and in consideration of the foregoing and of the mutual covenants herein set forth, the parties hereto agree as follows: I. The County hereby agrees that, during such time as this Support Agreement may remain in effect, the County shall operate the Reservoir Project - Phase I and the Leased Property (as defined in the Basic Documents) for essential governmental purposes and for the benefit ofthe County, and shall maintain such facilities (or cause the same to be maintained) in good repair and condition in order to maximize the essential governmental and general public uses thereof. of the BAN to provide interim financing of the costs of the Reservoir Project - Phase I, and to undertake thel Reservoir Project-Phasel Ia at the earliest practical date, in accordance with the terms and provisions set forth in the Basic Documents and as contèmplated under the Bank Term Sheet. To such end, the County hereby acknowledges receipt of copies ofthe schedule of] Basic Rent (as described in the Financing Lease), which rental payments thereof constitute the Authority's debt service installments on the BAN, all for the benefit ofthe Authority and as further contemplated 2. The County further agrees that it shall exercise. its best efforts to use the proceeds under the Bank Term Sheet and the Basic Documents. 3. During the term oft this Support Agreemènt, beginning March 15,2018, the County Administrator has been directed by the Board of Supervisors, pursuant to the terms and provisions ofthe County Resolution, to coordinate! with the Authority in order for the County Administrator to submit to the Board of Supervisors for each fiscal year while the BAN remains outstanding, a request to thel Board of Supervisors for an appropriation fora an amount equal to the rental payments coming due under the Basic. Documents for the next ensuing fiscal year and being payable to the Bank for the benefit ofthe Authority. A Schedule ofs such rental payments (being the debt service on thel BAN)isattached. hereto as ExhibitA. Any's such obligation ofthe County to make payments pursuant to this Support"Agreement. or as otherwise contemplated under any of the Basic Documents,shall, under all circumstances; be subject to and dependent upon appropriations being made, fromti time to time, by the Board of Supèrvisors for such purposes, in accordance with law. the debt service on the BAN'to be paid on behalf oft the Authority or any other obligations oft the Authority in connection therewith, the County Administrator shall promptly present a request for as supplemental appropriation to the Board of Supervisors in the amount of any such deficiency, and the Board of Supervisors shall consider such request, at its next regularly scheduled meeting at which it is possible to. satisfy' any applicable notification requirement. Promptly after such meeting, the County Administrator shall notify the Bank whether the amount SO requested was Ifata any timé the appropriation(s) by the Board of Supervisors are insufficient for appropriated. 5. Subject to the provisions hereof, it is hereby acknowledged that the reasonable expectation oft the parties is that the County shall provide funds for the payment of debt service on the BAN on behalfofthe County, for the benefit oft the Authority, in the amount of any annual or other supplemental appropriations made by the Board of Supervisors pursuant to this Support Agreement. To such end, therefore, the Board of Supervisors hereby undertakes a non-binding moral obligation to appropriate such debt service on the BAN, from time to time, in such manner and in amounts as may be required under the BAN, the Bank Term Sheet, the Basic Documents, -4- and this Support Agreement, to the fullest degree and in such manner as is consistent with the Constitution and laws of the Commonwealth of Virginia. The Board of Supervisors, while recognizing that it is not empowered to make any binding commitment to make such appropriations in future fiscal years, hereby states its intent to make such appropriations in future fiscal years, and hereby recommends that future Boards of Supervisors do likewise. 6. Nothing herein contained is or shall be deemed to be a lending of the credit of the County to thel Bank, the Authority, or any other person, and nothing herein contained is or shall be deemed to be a pledge of the faith and credit or the taxing power of County. Nothing herein contained shall legally bind or obligate the Board of Supervisors to appropriate funds to pay the debt service on the BAN or for any other purposes described herein or otherwise contemplated thereunder or hereunder. 7. The Board of Supervisors acknowledges that it is entering into this Support Agreement on behalf of the County in consideration for the agreement to pay rental payments under the Financing Lease and the Authortys.corelating agreement to sell, execute and deliver thel BAN to the Bank on the date hereof. The Board of Supervisors acknowledges and agrees that the County has agreed to cause the Reservoir Project - Phase. I and the Leased Property to be operated and maintained in a manner, to provide essential water-system facilities-for the benefit of the County and the general public and for its welfare and: prosperity. Annual appropriations (or other timely appropriations) by the Board of Supervisors pursuant to this Support Agreement, therefore, are reasonably expected to be essential in order for.the installments of principal of and interest on the Bond to be paid to the Bank, which payments are described as "Rental Payments" byt the County pursuant to.the Financing Lease (describedabove), and for the payment of any other obligations of the Authority in connection with the BAN. 8. Any notices or requests required to. be given hereunder shall be given in writing and delivered inj person, or by ovérnight mail or other express courier service, or when mailed by first class-mail, postage prepaid, to the addresses of the parties hereto as set forth in the Basic Documents. Any party may designate any other. address for notices or requests by giving notice under thisparagraph. 9. This Support Agreement shall be governed by the laws of the Commonwealth of Virginia, and shall remain in fullforce and effect until the BAN and any other obligations of the Authority pursuant thereto or otherwise with respect to the Basic Documents shall be paid, ini full. 10. Ifany clause, provision or section of this Support Agreement shall be held illegal or invalid by any court, the illegality or invalidity of such clause, provision or section shall not affect the remainder of this Support Agreement which shall be construed and enforced as ifs such illegal or invalid clause, provision or section had not been contained in this Support Agreement. 11. For the convenience oft the parties hereto, this Support Agreement may be executed ins several counterparts each ofwhich shall be an original and all ofwhich together shall constitute but one and the same instrument. Exhibit A - Schedule of Rental Payments -5- IN WITNESS WHEREOF, the parties hereto have each caused this Support Agreement tol be executed in their respective names as of the date first above written. COUNTY OF GREENE, VIRGINIA By: Chair, Board of Supervisors ECONOMIC DEVELOPMENT AUTHORITY OF GREENE COUNTY, VIRGINIA By: Chair UNITED BANK, a Virginia banking corporation By: Senior Vicel President [Signature Page to Support Agreement] For the convenience of the parties, signatures mayb bei in counterparts. -6- Exhibit A Schedule of Rental Payments (to be provided by United Bank) -7- Board of Supervisors March 13, 2018 Attachment "F" Department WDOT dfpaia Transportation Culpeper District March 2018 Greene County Monthly Report Preliminary Engineering PROJECT LAST MILESTONE NEXT MILESTONE AD DATE May 2017 November 2021 State Force Construction State Force Construction TBD Route 33 Guardrail Upgrade Route 29/33 Intersection improvements Project Details Route 630, Rosebrook Road Rural Rustic Unpaved Road Route 624, Beazley Road Rural Rustic Unpaved Road Route 670 Connector Road Smart Scale Application Award Project Scoping Project Scoping Funding Approved Begin Construction November 2017 Public Hearing April 51,2018 Environmental Clearance Project Scoping PE Open Construction Activities Road Project Bridge Project None at this time. Route 670 Preddy Creek Road Culvert Replacement and Approach work- - Method to replace existing culvert and make approach roadway improvements are being evaluated. Utilities under Route 603 Plunkett Road over Lynch River (Albemarle County)- Replace existing superstructure. State Forces closed the road on November 27, 2017 and is scheduled for completion in April 2018. review. News Release Traffic Engineering Completed studies: installed. Old Route 633 Spotswood Trail - Currently not posted. Speed Study completed. 35 MPH signs are Page 1 of2 Studies under review None at this time Safety Improvements Safety improvements for Route 670 Preddy Creek Road. Astriping plan was developed and installed Route 29 at Route 1070 Stone Ridge Drive Route 33 at Route 604 Celt Road Route 33 at Route 623 Swift Run Road Route 33 at Route 633 Amicus Road Route 33 at Route 1071 Stone Ridge Drive A sign plan was developed andi is in the process of beingi implemented Flashing yellow arrowi is being added to signals at thet follow intersections: Maintenance Activities VDOT Area Headquarters crews completed the following activities during the past month. For specific route activities, please contact the Charlottesville Residency Office. Debris removed on 1 primary route and 11 secondary routes Drainage repairs made on 2 primary routes and 2 secondary routes Machining operations on 18 NHS secondary routes Mowing operations on 5s secondary routes Patching performed on 1 primary route and 6 secondary routes Shoulders repaired on 1 secondary route Trash removal on 3 primary routes and 8 secondary routes Trimming operations on 1 primary route and 2 secondary routes Updated BOS Manual itip:/www.virginiadotorgbusinessress/resourcesllocal assislancBOSManval 2017.pdf Joel DeNunzio, P.E. Resident Engineer VDOT Charlottesville Residency 434-293-0011 Page 2of2