Board of Supervisors July 23, 2019 Sheet 1  July23,2019  County of Greene, Virginia  THE GREENE COUNTY BOARD OF SUPERVISORS MET ON TUESDAY, JULY23,2019,  BEGINNING AT 6:301 P.M. IN THE COUNTY MEETING ROOM  Present were:  Bill Martin, Chair Michelle Flynn, Vice Chair David Cox, Member Marie Durrer, Member Dale Herring, Member  Staff present:  Mark B. Taylor, County Administrator Kelley Kemp, Assistant County Attorney Patti Vogt, Deputy Clerk Jim Frydl, Director of Planning and Zoning Tracy Morris, Director of Finance Melissa Meador, Director of Emergency Services  RE: OPEN MEETING  The Chairman said the Board did not meet in closed meeting. RE: PLEDGE OF ALLEGIANCE AND MOMENT OFSILENCE  The Chair opened the meeting with the Pledge of Allegiance followed by a moment of  silence.  RE: ADOPTION OF THE AGENDA Board approved the agenda as presented.  Upon motion by Michelle Flynn, second by Marie Durrer and unanimous roll call vote, the  Recorded vote:  Bill Martin Michelle Flynn David Cox Marie Durrer Dale Herring  Yes Yes Yes Yes Yes  Motion carried.    Board of Supervisors July 23, 2019 Sheet 2  RE: MATTERS FROMTHE PUBLIC  Mr. Matt Hardin, Commonwealth's Attorney, thanked the Board for the memorandum of understanding with his office pertaining to new State mandates. He thought the appropriation of thel budget in stages is a good fiscal move and helps the County. The budget process was a success  and the Board did a good job. RE: CONSENT, AGENDA  Upon motion by David Cox, second by Michelle Flynn and unanimous roll call vote, the b. Resolution to accept and appropriate $1,602 in Local Law Enforcement Block Grant funds from the Department of Criminal Justice Services for the Sheriff's Department - al local match is not required (See Attachment "A") Resolution to accept and appropriate $55,198 in additional State funds for the Greene County Transit Program (See Attachment "B") d. Authorization to request a study of Fire and EMS services within Greene County by the Virginia Fire Services Board (See Attachment "C")  Board approved the following items on the consent agenda:  a. Minutes ofJuly 9, 2019 meeting  Recorded vote:  Bill Martin Michelle Flynn David Cox Marie Durrer Dale Herring  Yes Yes Yes Yes Yes  Motion carried.  RE: GREENE COUNTY TRANSIT  Ms. Kelly Forloines, Assistant to the Transit Manager, said Mrs. Ginger Morris, Transit Manager, could not be present tonight as she is recovering from surgery. The emphasis of the programi ist tol keep Greenemoving. Funds from Department ofRail and Transportation and Federal Ms. Forloines reviewed the history of Greene County Transit since it began in 1976 with one 15-passenger van. The program has grown over the last 43 years and now has a fleet of21 vehicles and a total of24 employees. Hours for in-county service are Monday thru Friday 7 a.m. to 9 p.m. and Saturday from 9 a.m. to 4 p.m. Service to Charlottesville offers four routes but does not include Saturday hours. From May 28 thru August 13, two additional routes are added to Charlottesville. Drivers receive training in wheelchair securement, passenger safety and Rates are kept at a modest level to meet client needs as some clients rely solely on Transit for all their transportation. Pre-paid accounts and sponsorships are also an option. Scheduling a ride is easy and can be done by phone or walk-in. Safety is a focus for staff as well as clients. Alternate service plans are made when warranted by weather conditions. Ridership has increased  Transit Administration cover about 75% of operating expenses.  emergency response.  4% this past year.    Board of Supervisors July 23, 2019 Sheet 3  RE: PUBLIC HEARING  LEASEHOLD DEED OF TRUST AND SECURITY  AGREEMENT FOR PROPOSED FUTURE VISITOR CENTER  Mr. Taylor said, as County Administrator, hel has the responsibility to oversee how Greene County spends money. He clarified that the designated funds being discussed can only be spent for tourism or travel, the marketingoftourism, or for things that increase visitor stays and generate revenue in our community. The transient occupancy tax (TOT) cannot exceed 5% and any excess Ms. Kemp said the County has complied with requirements of State Code $ 58.1-3819b by consulting with the local tourism industry organizations, including representatives of lodging properties located in the county. The Board could decide to spend the funds on another tourism related use as they do not have to accept the recommendation oft the Tourism Council. The funds Mr. Alan Yost had a short presentation on the details of the proposed project for a new visitor center. Hes said this beautiful building represents how tourism has been branded for the last several years during his time here. TOT monies have to be spent on tourism. Mr. Yost reviewed a"macro" budget for FY 2020. The USDA does not require a mortgage payment in the first year. Citizens of Greene County will not pay for this unless they stay at thel hotel or other lodging in the county. During a recession, people tend to stay closer to home instead of traveling for vacations Mr. Martin asked how much we would spend at the current location at the current rental rate with an adjustment for cost ofl living (3% per year). Mr. Yost said we would hit the million- dollar mark within 30 years. Mr. Yost said the goal is to pay the loan off as quickly as possible Mr. Daniel Lauro, Bond Attorney with Botkin Rose PLC, said the resolution before the Board is related to financing using the same structure the County has used over the last three years which is very common in Virginia. The USDA has offered to loan the funds for this project to the EDA who would turn those funds over to the County and then issue a bond to the USDA. The financing structure would then involve the County leasing this property to the EDA; the EDA leasing the property back to the County under a financing lease for the County to own, operate, insure etc. For that financing lease, subject to annual appropriations, the County would make appropriations of rental payments which would match the debt service on the bond. Because the EDA does not want to deal with shuffling money around, there will be an assignment of rents and leases which basically signs all over to the USDA. This is considered a current expense and not debt under Virginia law. The Leasehold Deed ofTrust gives the USDA a mortgage on the facility in the event the County does not appropriate funds in future years. USDA allows prepayment at any time without penalty and there is a fixed interest rate of3.5%. USDA has asked the County  over 2% must be spent for tourism.  cannot be used for general fund expenses, school expenses, etc.  and the market area for Greene is Richmond, Tidewater, and Washington.  within 15 to 20 years.  to have 10% oft the annual payments in a reserve fund. The public hearing was opened for comments.  Ms. Connie. Perrin spoke in opposition ofthej proposed visitor center saying they are a thing ofthe past. Most people use the internet to find information on an area. Wel have almost no tourist Ms. Gwen Baker said Greene County is not a destination that people seek out to visit and suggested funds be granted to the Clay Festival and Strawberry Festival which actually brings  attractions and there are other options to investigate.    Board of Supervisors July 23, 2019 Sheet 4  people here. She shared an article from Page County about how they are using their excess TOT dollars. The Tourism Board should be proactively contacting the groups that need assistance to promote their festival or event. She felt the Tourism Board has not shown that they have made real efforts to assist groups and organizations. Do not reward them with a new visitor center as Mr. Keith Bourne was opposed to funding for the proposed visitor center for a number of reasons. He did not feel that the purchase of county real estate complies with the spirit of the State law that funds be spent to promote tourism. Funds could be spent to support other, more appropriate tourism initiatives. This will negativelyaffect tourism for 40 years. Thisis an outdated concept and a strong internet and social media presence are much more cost-effective ways to Mr. Dan Goff said he is always concerned when appointed representatives get beat up on social media. This proposition has been around for some time and was turned down. He asked the Board to turn it down now. This is a bad business deal and the location is not as visible as the Ms. Gail Breeden agreed with comments made by Mr. Goff and asked the Board to not Ms. Tina Deane said she was present on behalf of the Tourism Board and felt paying rent isa complete waste of money. She is also co-owner of Lydia Mountain and said they would not have built the new lodge, be opening a restaurant, or opening a fourth wedding venue if she believed TOT dollars would be going down. Ms. Deane said she is in favor of the project and Mr. Buck Shifflett said he started Lydia Mountain in response to lots of questions from people about where to stay and what there was to do in the county when he worked in a local convenience store. He felt this is a wise investment and encouraged the Board to vote for the Ms. Ann Schriver spoke in opposition oft the new visitor center. She said al business on the lot could generate taxes for the county while a visitor center will not. She questioned the number ofv visitors the current center has and said most states are closing brick and mortar locations. She and her friends recently attended thel Madison County Fair and spent their money inl Madison rather than coming back to Greene to eat. Discretionary money should be spent on promoting Greene to Mr. Steve Barber agreed with comments this far about the lack of need for a new visitor center. People that come to this area already know where they want to go through the internet. He said reinstating the County Fair orl having a wine festival would be money well spent. Ms. Candace Goodyear spoke in favor of the purchase of the building saying the current visitor center sitei is very inconvenient and parking is terrible. Thej proposed site could be used for Ms. Kim McInturffs spoke in opposition ofpurchasing thel building for a visitor center. She said there aren'ta a lot of places to visit and seei in Greene County. The Vietnam Museum was not supported and has moved. Most businesses have their own beautiful web sites. She thought it would be great to invest in online technology as advertising is cheap and a site would get a lot of hits. She asked what will happen when additional lanes are needed on Route 29, why some other  better options are available.  promote tourism.  current site. approve the project.  encouraged the Board to make the purchase.  project.  attract new ventures like the upcoming agricultural show in August.  all kinds of things. There are positive things about thej proposal.    Board of Supervisors July 23, 2019 Sheet 5  business has not been interested in that building and the actual number of daily visitors at the Mr. Chester Losinski said he has been a resident of Greene County for 22 years, has volunteered at the visitor center for the last 8 and he is in favor of the relocation of the visitor Mr. Robbie Morris, Performance Signs, said his company builds all the signs, including tourist information signs, for Virginia Logos who manages VDOT sign program. He did: not agree that tourist information centers are obsolete. Local experts, who have the most to lose if this doesn't work, umamimouslyrecommemnded this project. He said he puts a great deal of confidence int ther recommendation from the men and women who have devoted their lives to tourismi in Greene Ms. Bonnie Lofton, who is an Air B&B super host, felt Greene's' Tourism Office is doing very well compared to Madison's Tourism Office which is hard to find open. This is not an Ms. Christy Clayton said she has lived all over the country and moved here three years ago. She has found wonderful family activities outside of Greene and spends 99% of her dollars in surrounding counties. It would be wonderful ifthere werei more forresidents to do. She questioned the proposed visitor center competing with established local businesses. She would like funds to Mr. Alan Ward said this countyl has changed dramatically. The Golden Horseshoe Inn, one ofh his businesses, did 93 weddings last year ofwhich five were for local residents. Greene County isai major tourist destination and there is no better location for the visitor center. He said this is Mr. Michael Payne spoke in support of this project which will be paid for entirely by restricted TOT dollars. The center will be an appreciable asset that will generate lasting value and benefit to taxpayers ofthis community. The Tourism Council has at tremendous history ofsuccess and we should trust the proven leadership of the Council as good stewards of the County's Ms. Joanne Burkholder said the County has recently lost Stanardsville Hardware, the Greene County Fair, Sister's Attic, Jack Shop and Coppersmith's restaurants, and the Vietnam War Museum. Also, several local restaurants have changed their hours. She asked what will Ms. Bridgett Freeman spoke in favor oft the project and said space could be used for artists tos showcase their work and for farmers to market their products. She said she has been in Greene Mr. Don Pamenter said members oft the EDA and the Tourism Council take theirj jobs very seriously and have spent many hours discussing every aspect of the opportunity to purchase the Taylorhouse: for use as the visitor center. Both organizations unanimously agreed that this makes sense. The current visitor center is not an ideal spot. The proposed site would offer greater exposure for travelers, improved access and parking, additional amenities such as a picnic area, new opportunities to displayinformation about the county and would save al historic property. Mr. Pamenter said there was no activity in either organization that constituted a conflict ofinterest or  current center. center.  County.  either/or thing as people get information online and in person.  go for something that will actually bring visitors to our community.  an essential project for this community.  resources. The project represents a net positive for this community.  attract tourists to Greene County ifbusinesses continue to close. County for 28 years and it is growing and very beautiful.  cronyism as some people have accused.    Board of Supervisors July 23, 2019 Sheet 6  Mr. James Tsikerdanos spoke in favor ofthe visitor center project. Hes said he was a skeptic to start but after reviewing the plan ini its entirety, feels it is a good use oft tourism dollars. Ms. Vyvyan Rundgren also spokei ini favor ofthe new visitor center location. There are two other buildings on that property that are in good condition and can be used for other things. She isc on the board of the Art Guild of Greene and initiated the Blue Ridge Barn Quilt' Trail. She sees an opportunity to use those buildings for local artists to display their work and she hopes a small permanent display ofbarn quilts could be located there. Thel barn quilt tour in Greene is the largest one in Virginia and one oft the largest in the United States. She encouraged the Board to support Mr. James Murphy said he is extremely ticked off and this is madness beyond belief. He said how dare the five board members belittle members of this county inj person, by email and on social media just because we don'tagree with this preposterous waste of money. He asked what law says the Board must do what a body of volunteers tell them to do. We already have a visitor center. Multiple studies have shown that people overwhelming use computers and smart phones for information and to look up places where they are going. The public has not seen nor been shown alternative sites for a visitor center. TOT funds will be tied up for 40 years when they instead could be used for actual tourism related activities and marketing. His grade school son, as well as his grandchildren, will be paying for this. He asked if not purchasing the property will result in a detrimental effect on tourism in our county. He hopes the votes tonight do not reflect Ms. Angela Yarborough said shei is a volunteer at the visitor center and has lived here for eleven years. She has traveled to a lot of places and been to a lot of visitor centers as an Army wife. She uses her phone but also uses visitor centers. She is also ai member oft the. Art Guild. She has faith in the people who are the professionals and have looked at this carefully. This county is small, people oriented, and country. The building will add to the atmosphere we already have at Ms. Nancy Rodland talked about risk and October 3, 2008, the day our economy collapsed for the second time. She is concerned about the 40-year loan and where we go from there. We can'tpredict what the economy will bring in the future. She asked the Board to vote no. Mr. George W. Haney said Greene County is a destination and he sees it every day in his antique business. Tourism is a clean business and the longer wel keep people here, the better it is for the County. He felt this is an investment for the future, our children and grandchildren. The value of property will do nothing but go up. The purchase of the property will include the transfer ofwater and sewer hookups. The owner is spending $5,000 out ofl his pocket to put in a handicap Mr. Steve Kruskamp read an email that his wife had sent to Board members earlier in the evening opposing the purchase ofthis] property: for use as a visitor center. There is an online petition with over 200 signatures opposing this project, which is not a well thought out plan. The focus should not be on a new visitor center but on courting new businesses and development in Greene. We should bring our website up-to-date. This location could be used in a way that would actually bring people to the county. Mrs. Kruskamp said she was certain the decision was made to proceed and she found that very disheartening but it gives her a reason to change representation on the  this project.  the fact that this is an election year.  the visitor center.  accessible bathroom.  Board of Supervisors at the upcoming election.    Board of Supervisors July 23, 2019 Sheet 7  Ms. Sharon Schinstock said she moved here 10 years ago from Arizona and is a volunteer at the visitor center. She has worked with the Clay Festival since its inception. Volunteers at the visitor center do much more than hand out brochures. She is an Army wife and feels this is a community that welcomes military people. Information about other counites in Virginia is also Mr. Roy Dye said hel has been ai member ofthe Tourism Council for the past five years and strongly supports the visitor center. People seem to think this is an either/or proposition. The Tourism Council has developed a strategic plan regarding where the focus of efforts should be in promoting tourism in Greene. This visitor center has much to offer and will showcase the county. Ms. Lynn Larkin said she volunteers at the visitor center and spoke on activities. She gets aggravated when people say they do not do anything. The center needs parking and storage. Not everyone lives on the internet or their cell phone and some people still use maps. Mr. Doug Roberts said he was vehemently against the visitor center which is aj poor use of TOT funds. The average number of visitors to the center is six people a day. We need to draw Ms. Paige Roberts said she is a former financial advisor to the federal government who provided economic impact studies on major financial decisions. Eveni ifthisi is paid offin 30 years the County will pay $1.8 million VS. the $2.2 million if paid off in 40 years. She asked where money will come from to cover the annual payment if there are not enough TOT funds. IfTOT can't cover it, we foot the bill. She said there are a lot of things this county does well but this is not one oft them. There are other things that would bel better for visitors and the county. Mr. James Henshaw said he did his own budget and the new visitor center will cost the citizens of Greene $93.21 per visitor based on 1,400 people per year. The cheapest way to take care of this is to pay the $149 fee to place brochures in the 14 accredited business centers in  available at the visitor center.  tourism in and he asked the Board to vote no.  Virginia.  The public hearing was closed.  Mr. Martin said Board members received countless emails, phone calls, and text messages about this issue with some really good feedback from both sides. He said he would like to have seen as stronger business plan including return oni investment. Thel home was built in 1934 and will require significant upkeep and maintenance costs. He said the roll out ofinformation was less than optimal and hei regrets that information was transmitted ini the way it was. Lodging revenue alone last year was an estimated $5.7million which translates to significant TOT revenue. The law says we must consult with those we consider our experts in tourism and that is the Tourism Council. The Council is well versed in business and tourism and are good stewards ofTOT money. Those tourists who visit us, come, spend and leave. Wedo not have tol build schools for children or worry about roads. Contrary to comments that there is nothing to do in Greene County, it is apparent that there is much for tourists to appreciate. Greene County tax payers real estate taxes will not be paying for this. Visitors who come! here and spend their money on tourist lodging will pay for this. The Tourism Council has unanimously supported the purchase oft the Taylor House which will aid inj preservation of the history of the county and will showcase everything wel have to offer. Data cannot bei ignored. Wel have experienced success with tourism ini recent years. Suggestions fora community pool, community center, broadband, and a county fair are all good but TOT funds cannot be used for those purposes. People have lobbied members oft the Economic Development    Board of Supervisors July 23, 2019 Sheet 8  Authority and Board of Supervisors but Mr. Martin said he is not aware that they talked with members ofthe Tourism Council. He agreed that technologyis changing the way wer reach tourists but he does not yet believe visitor centers are obsolete. He would like the Tourism Council and EDA to do a search for grant funds to cover associated costs for the Taylor House. Mr. Martin felt the EDA and Tourism Council did a good job assessing the viability oft this project. Mrs. Durrer said she has listened at meetings, read emails, and had telephone calls. The Taylor house is probably one ofthree old buildings that will bel left in Ruckersville. Shel has been in thel house numerous times and: it is very unique. Traffic: is awful in this area at times and access would be hard. She referred to an email from one of the volunteers at the visitor center which indicated there have been 83 out-of-state visitors over the last six months. She is concerned about what will happen ift the economy takes a down turn and how valuable a tourism center will be to the county in the future. Mrs. Durrer said she is still not convinced that the purchase is what is good for our County. We are losing businesses and she hates to see it. We need a good family restaurant in our county desperately. Mrs. Durrer said she cannot support purchasing the Taylor Mr. Cox asked if we need a brick and mortar visitor center. He has listened to comments, read every email, answered and returned phone calls, and talked with people who support and don'tsupport the project. He askedifanyonel has looked at anyother properties or at vacant county owned properties. Mr. Cox said he understands completely about the TOTI money and how it must be used. He said he cannot support the proposed visitor center at that location. There are other Mrs. Flynn said people usel both brick and mortar visitor centers and computers. She found iti interesting that no one said the current visitor center should be closed. A lot of emails she received included misinformation. It is frustrating that people would form such a strong opinion without doing research and learning more about the matter. Mrs. Flynn said the Board is called upon to make the best decision possible based on information provided at the time. She said she supports al brick and mortar visitor center and did not support continuing toj pay rent at anyl location. The current site lacks parking at any given time. It is important to her that different ways the center can be used in addition to handing out information be looked at. Mrs. Flynn said she was Mr. Herring thanked everyone for their comments, emails and phone calls. TOT funds cannot pay for broadband. TOT dollars are meant to be self-serving for those in the tourism industry per regulations established by the State. He stops at visitor centers and also uses the web tos search. The' Tourism Council supports this project as their] priority. Mr. Herring said hej promoted tourism when he was running for office and continues to promote this low impact industry. Mrs. Flynn said tourism is an existing business which contributes with very little expense. Members ofthe" Tourism Council arej part ofour community and this project willl benefit all citizens  property.  priorities that citizens have asked for.  comfortable with the economics ofthe center based on historical data.  ifit helps to increase tourism in our county.    Board of Supervisors July 23, 2019 Sheet 9  Upon motion by Michelle Flynn, second by Dale Herring and affirmative roll call vote, the  Board approved the resolution as presented in the board packet. (See Attachment "D")  Recorded vote:  Bill Martin Michelle Flynn David Cox Marie Durrer Dale Herring  Yes Yes Yes No No  Motion carried. RE: RECESS  The Chair called a ten-minute recess  RE: RESOLUTION TO DESIGNATE DEPUTY PLANNING DIRECTOR AS Mr. Frydl said only the Zoning Administrator is designated as the agent to review and act ons subdivision plats and site plans. To ensure continued customer service, hei recommends that the Deputy Planning Director be designated as an additional subdivision and site plan agent. This will  ADDITIONAL SUBDIVISIONANDS SITE PLAN AGENT  be on the August 13 meeting agenda for action by the Board.  RE: LIAISON REPORT  Mr. Cox said the Emergency Services Committee meets tomorrow night. Mrs. Durrer said the Central VA Regional Jail is now accepting inmates from Culpeper on the weekends and there has been some discussion about Culpeper joining the regional jail. Mr. Herring said the Planning Commission met last Wednesday. Mr. Martin said the completion date for the school project is August 9. The first day of school is August 14 and an open house is planned for September. RE: COUNTY ADMINISTRATOR UPDATE  Mr. Taylor said 81 transactions, including the issuance of 40 driver licenses and identification cards, were completed at the DMV Connect visit on July 19. DMV is scheduled to Mr. Taylor reviewed changes and updates made to the County's website to make it easier  be here again on September 16 from 10 am to 3:30 pm. to access the agenda for the Board of Supervisors meetings. RE: OTHER ITEMS FROM7 THE BOARD  Mr. Cox said he, Mr. Herring and Mr. Taylor met with residents ofLexington Subdivision and the surrounding area to discuss broadband. He received eight very positive emails from attendees. Mr. Herring agreed that it was a very good discussion and attendees were veryinterested in the project. It was recommended attendees contact board members of the Rappahannock Electric Coop regarding broadband. Mrs. Flynn asked if the group had suggestions on how information could be shared and said communication is an ongoing concern. Mr. Herring said options to get information out were discussed in detail. Mr. Martin said another problem is getting  more people involved in local government.    Board of Supervisors July 23, 2019 Sheet 10  RE: ADJOURN MEETING The meeting was adjourned.  - haf  Mac Mark-B. Taylor, Clerk Greene County Board ofSupervisors  William  MAL  Bryan Martiy, Chairman Greene County Board of Supervisors    Board of Supervisors July 23, 2019 Attachment "A"  RESOLUTION TO ACCEPT AND APPROPRIATE ONE THOUSAND SIX HUNDRED TWO DOLLARS FOR LOCAL LAW ENFORCEMENT  BLOCK GRANT  WHEREAS, the Sheriff's Department of the County of Greene has received funding WHEREAS, the funds in the amount of one thousand six hundred two dollars ($1,602.00) need to be appropriated to the appropriate line item in the 2019-2020 budget of  for the Local Law Enforcement Block Grant; and  the County of Greene, Virginia.  NOW, THEREFORE, IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Greene, Virginia that one thousand six hundred two dollars ($1,602.00) be  appropriated to the 2019-2020 budget of the County of Greene.  BE IT FURTHER RESOLVED that the County Administrator of the County of Greene, Virginia is authorized to make the appropriate accounting adjustments in the budget  tod do all things necessary to give this resolution effect. Adopted this 23rd day ofJuly, 2019.  Motion: David Cox Second: Michelle Flynn Recorded Vote: DavidL. Cox Marie C. Durrer Yes Michelle Flynn Dale R. Herring Yes Bill Martin Alika:  Yes Yes Yes  ATTEST:  A Mark/B.  William B. Martijn, Chair Greene County Board of Supervisors  Khuk  Taytor, Clerk  Greene County Board of Supervisors    Board of Supervisors July 23, 2019 Attachment "B"  RESOLUTION TO ACCEPT AND APPROPRIATE FIFTY-FIVE THOUSAND ONE  HUNDRED NINETY-EIGHT DOLLARS FOR TRANSIT  WHEREAS, the County of Greene has received additional funding for Transit from WHEREAS, the funds in the amount of fifty-five thousand one hundred ninety-eight dollars ($55,198.00) need to be appropriated to the appropriate line item in the 2019-2020  the Department of Rail and Public Transportation; and  budget of the County of Greene, Virginia.  NOW, THEREFORE, IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Greene, Virginia that fifty-five thousand one hundred ninety-eight dollars ($55,198.00) be appropriated to the 2019-2020 budget oft the County of Greene.  BE IT FURTHER RESOLVED that the County Administrator of the County of Greene, Virginia is authorized to make the appropriate accounting adjustments in the budget  to do all things necessary to give this resolution effect.  Adopted this 23rd day ofJuly, 2019.  Motion: David Cox Second: Michelle Flynn Recorded Vote: David L. Cox Marie C. Durrer Michelle Flynn Dale R. Herring Bill Martin  Yes. Yes Yes. Yes Yes  hlk  Khef ATTEST: M  William B. Martin, Chair Greene County Board of Supervisors  Mark B. Taylor, Clerk  Greene County Board of Supervisors    Board of Supervisors July 23, 2019 Attachment "C"  RESOLUTION REQUESTING A COMPREHENSIVE STUDY OF GREENE COUNTY  FIRE AND EMERGENCY MEDICAL: SERVICES  WHEREAS, Fire and Emergency Medical Services (EMS) is among the highest priorities demanded and expected by our citizens who deserve a prompt and professional response every WHEREAS, the Greene County Board of Supervisors demonstrates its genuine commitment to our Fire and EMS agencies by appropriating funds each fiscal year for normal, recurring needs, WHEREAS, the Board of Supervisors supports the study in order to assess current and future NOW, THERFORE BE IT HEREBY RESOLVED, that the Greene County Board of Supervisors formally requests the completion of a Virginia Fire Services Board Fire and EMS Study and directs the County Administrator to take necessary action to request the same from the ADOPTED BY THE GREENE COUNTY BOARD OF UPEAVSONSONUNYANA  time they call 911; and  while considering special requests as necessary; and  needs based on the ever-changing environment of public safety;  Virginia Fire Services Board.  Motion: David Cox Second: Michelle Flynn Recorded Vote: Bill Martin Michelle Flynn David L. Cox Marie C. Durrer Dale R. Herring  Yes Yes Yes Yes_ Yes  ATTEST: Mark B. Taylor  William Bryan  Chair Martin,  dikhat Greene County Board of Supervisors  Greene County Board of Supervisors    Board of Supervisors July 23, 2019 Attachment "D"  Boardo ofs Supervisors of Greene County, Virginia July 23,20191 Regular Public Meeting Visitor Center Project  21:10 137606106 ICAue uEI n3  -J  RESOLUTION  WHEREAS, the Economic Development Authority of Greene County, Virginia (the "Authority") is a political subdivision of1 the Commonwealth of Virginia (the Commonwealth") empowered by the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2 ofthe Code of Virginia, 1950, as amended (the "Act"), to issue its bonds or Bonds, 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 to pledge, among other things, all or any part ofi its revenues, including rental revenues, in order toj provide all or any portion oft the security for WHEREAS, at a meeting on June 11,2019, the Board of Supervisors of Greene County, Virginia (the "Board") stated its intention for the County to (a) acquire, construct, reconstruct, expand, and equip capital projects in the County, including but not limited to visitor center facilities and related furniture, fixtures, and equipment to be located in the County at 9157 Seminole Trail, Ruckersville, Virginia 22968, and (b) pay costs of issuance in connection with such undertakings by the County (all capital projects for such purposes in the County being  the payment ofi its revenue obligations; and  referenced herein as the "Project").  WHEREAS, the County has requested the assistance ofthe Authority to obtain long-term, WHEREAS, the United States of America, acting through Rural Housing Service, an Agency of the United States Department of Agriculture ("RHS" or Bondholder") has offered to provide taxable, long-term lease financing for the capital costs oft the Project pursuant to the terms and conditions ofaLetter ofConditions: from RHS toi the Authority as conduiti issuer for thel benefit of the County, dated June 5, 2019 and amended on July 11, 2019, which may be amended from time to time, a copy of which is attached hereto as Exhibit A (the "Letter of Conditions"), and purchase an upt to $1,040,000 Economic Development. Authority ofGreene County, Virginial Lease WHEREAS, in order to accomplish such financing of the capital costs of the Project, the County shall lease the Leased Property (as described on Exhibit B attached hereto) to the Authority pursuant to the terms and provisions of that certain Lease, to be recorded on the closing date of the Bond int the Clerk's Office ofthe Circuit Court oft the County ("Clerk'sOffice"), which Lease will describe, among other things, a term thereoft that shall correlate to the term oft thel Bond  permanent financing for the County to undertake and finance the Project; and  Revenue Bond (Visitor Center Project), Series 2019 (the "Bond"); and  and the obligations thereunder; and  I-    WHEREAS, the Authority will 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 recorded in the Clerk's Office immediately subsequent to the Lease; and  WHEREAS, under the terms oft the Financing Lease, including the provisions describing the limitations regarding receipt of sufficient appropriations from the Board therefor, the County will agree, among other things, to pay Basic Rent (as defined in the Financing Lease) to the Authority, which payments shall mirror the principal and interest due on the Bond, among other  payments to the Authority, if any; and  WHEREAS, it is to be understood that the obligations of the County under 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 int the Financing Lease; and  WHEREAS, the obligations oft the County to make Rental Payments under the Financing Lease shall not constitute a debt ofthe 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 has appropriated funds to make such payments; and  WHEREAS, the County and the Authority will also enter into an Assignment of Rents and Leases with respect to the Leased Property for the benefit ofthe Bondholder (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 of Rental Payments (as  described in the. Agreement) to the Bondholder; and  WHEREAS, the Bond will be al limited obligation ofthe Authority in accordance with the provisions of the Act, the principal of and interest on which is payable solely out of the rental revenues of the Authority as provided under the Bond, and, further, under the lease financing arrangement described herein pursuant to the Basic Documents (defined below) including that certain Bond Purchase and Loan. Agreement, between the Authority, as conduiti issuer oft thel Bond,  and RHS, as purchaser thereof, and the County (the "Agreement"); and  WHEREAS, as additional security for the payment of the principal of and interest on the Bond, among other obligations of the Authority and the County to the Bondholder described thereunder, RHS has required the Board to authorize the execution and delivery of a Support Agreement by and among the County, the Authority, and RHS (the "Support Agreement") to provide the County'sagrement forar 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 ini the Financing Lease) and the funding and maintenance ofal Debt Service  Reserve Fund, as set forth in the Letter of Conditions and the Agreement; and  -2-    WHEREAS, as further security for the Bond, the County and/or Authority will also grant al Leasehold Deed of Trust and Security Agreement on the Leased Property to the trustee named therein for the benefit of RHS (the "Deed ofTrust") to be recorded in the Clerk's Office in order toi induce RHS toj purchase the Bond from the Authority and toj provide additional security for the  payment thereof; and  WHEREAS, as described herein, the transactions with respect to the financing of the Project shall be established pursuant to the terms of the Agreement (including the form of the Bond, bearing interest and' being payable as provided therein), the Lease, the Financing Lease, the Assignment, the Deed of Trust, and the Support Agreement, together with any other certificates, agreements, and instruments in connection with thel Bond as may bei required by RHS or otherwise requested or advised by the County Attorney or bond counsel (collectively, the "Basic  Documents"); and  WHEREAS, the terms and provisions of the Bond and Agreement have been generally described and presented at this duly held public meeting of the Board, including the transactions and the nature oft the obligations oft the County and the Authority contemplated thereunder; and WHEREAS, after the holding ofa a duly noticed public hearing immediately prior thereto, the Authority adopted an Authorizing Resolution at a regular public meeting on July 16, 2019, including al RHS Form 1942-47 Resolution (together, the "Authority Resolutions") approving the issuance oft the Bond and the Basic Documents, as required under the Letter of Conditions; and WHEREAS, to accomplish the lease financing for the Project and satisfy the requirements oft thel Bondholder as set forthi int thel Letter ofConditions, the Countyl has heldad dulyn noticed public hearing immediately prior hereto in connection with its intent to grant the Deed of Trust on the  Leased Property to RHS.  NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County 1. Approval and Incorporation of Recitals. The Recitals set forth above are  of Greene, Virginia, as follows:  approved, confirmed, and fully incorporated in the text ofthis Resolution.  2.  Authority's Issuance of the Bond. The Board hereby affirms its desire to  undertake the Project 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 Bond ina aj principal amount not to exceed $1,100,000 to be paid from revenues derived from Rental Payments (as described in the Financing Lease) tol bei made by the County from time to time, under the terms and conditions as set forth herein and int the Basic Documents. To such end, the Board hereby approves annual principal and interest payments that shall be due and payable under the Bond (such amounts representing the correlating Rental Payments that shall be payable by the  County in connection therewith).  3-    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 the County Attorney or 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 of the Board or the  County Administrator or the Deputy County Administator/Finance 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 oft the County all such furtheri instruments, documents, or certificates, and to do and perform sucht things and acts, as they shall deem necessary or appropriate to carry out the transactions authorized by this Resolution or otherwise contemplated by the Basic Documents, or as required by RHS or requested or advised  by the County Attorney or bond counsel.  All oft the foregoing, previously done or performed by such officers or agents ofthe  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 ini furtherance oft the purposes oft the Project are approved and authorized in all respects. 5. Nature of the County's Payment Obligations in connection with the Bond; Support Agreement. Nothing in this Resolution, the Authority Resolutions, the Bond, or the Basic Documents shall constitute a general obligation debt oft the County or the Authority within the meaning of the Virginia Constitution or Virginia statutory law. Further, it is to be expressly understood that the Authority shall not be obligated to make any payments under the Bond or the Basic Documents except fromj 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, shall not include any binding commitment beyond the current fiscal year of the County, as provided by law. Furthermore, the County's obligations to pay the cost and expense of performing its obligations under the Bond 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 determines that the Project and the transactions contemplated thereby  shall increase the welfare and prosperity oft the inhabitants oft the County and the Commonwealth of Virginia, and, accordingly, hereby undertakes a non-binding obligation to appropriate such amounts as may 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 of the Commonwealth of Virginia. The Board, while recognizing thatitisn note empowered to make any binding commitment  -4-    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 of the County dol likewise. Nothing herein contained is or shall be deemed tol be al lending ofthe credit of the County to the Bondholder 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 ofs support of the County in connection with the Authority'sissuance ofthe Bond. The Chair or Vice Chair of the Board, or the County Administrator, or Deputy County Adminstrator/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 the form presented at this meeting and attached hereto as Exhibit C, which form is hereby approved. To the fullest extent permitted by law, the Board hereby agrees toj pay to RHS all such amounts required under the Basic Documents sufficient toj pay, for thel benefit ofthe Authority, the principal ofandi interest on the Bond, together with any other payment obligations owed by the Authority in connection withi the Bond, subjecti in all cases to annual (or othert timely) appropriations by thel 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 oft the Financing Lease a request that the Board appropriate each fiscal year while the Bond 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. ins such Rental Payments shall arise, the County. Administrator shall notify thel Board oft the amount ofsuchinsufficiency. and shall request a supplemental appropriation from the Board in the amount necessary to make such payment(s). The Board 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 Bondholder as to whether the amount sO requested was appropriated. Ift the Board shall fail to make such appropriation, the County Administrator shall add the amount of such requested appropriation to the report by the  Iti is to be understood that, ifa at any time during the term of the Bond a deficiency  County Administrator for the County's next fiscal year.  6. Further Actions. The Chair or Vice Chair oft the Board, either of whom may act, the County Administrator, the Deputy County Administrator/Finance Director, and such other officers, employees, and agents oft the County as may bei necessary or convenient, any one or more 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 Project, and the financing thereof by the Authority. All prior actions and any further actions ini furtherance oft the intent andj purposes ofthis Resolution are hereby authorized and directed by thel Board, and, further approved and pre-approved, confirmed, and ratified in their entirety, in all: respects.  5-    Accordingly, the execution and delivery of any and all additional closing  documents, reports, questionnaires, certificates and any otherinstruments, all asi may bei reasonably required by RHS or otherwise requested or advised by the County Attorhey or bond counsel are hereby approved and authorized in all respects, provided that the principal amount of the Bond, including any obligations oft the Authority in connection therewith, shall not exceed the amounts authorized by this Resolution and otherwise contemplated under the Letter of Conditions, as may  bea amended, and the Basic Documents.  7.  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 Bond and the Basic Documents, and shall take all such further actions as may be neçessary or convenient or required by lawi in order to carry out the intent and purposes of this Resolution, the Letter of Conditions, as  may be amended, the Bond, and the Basic Documents.  8. Effective Date. This Resolution shall take effect immediately.  Approved July 23, 2019  COUNTY OF GREENE, VIRGINIA  Wathe Sy- hat  Chair, Board of Supervisbrs  ExhibitA: Exhibit B: Exhibit C:  Letter of Conditions, dated. July 11,2019 Leased Property Description Form of Support Agreement    CERTIFICATE  The undersigned hereby certifies that the foregoing constitutes ai true and correct copy of the foregoing Resolution adopted by the Board of Supervisors oft the County of Greene, Virginia, by a roll-call vote at a regular public meeting duly held and called on July 23, 2019, at which meeting at least a quorum thereof was acting throughout, and that the recorded roll-call vote is as  follows:  NAME  AYE X X X  NAY ABSTAIN ABSENT  William B. Martin, Chair A.N Michelle Flynn, Vice Chair Dale R. Herring Marie C. Durrer David L. Cox  X X  July23, 2019 [Seal]  Clerk of the Board of Supervisors County of Greene, Virginia  7-    EXHIBITA Letter of Conditions (See Attached)  -8-    USDA  EXHIBIT A  United States Department of Agriculture  Rural Development July11,2019  RD/ Ares Office 1934 Deyerte Ave. SulteD Herrisonburg, VA 22801 Ext.132  Mr. Michael Payne, Chairman 8315 Seminole Trail, Suite 2 DearMr. Payne:  Economic Development Authority of Greene County  Volce: 540-433-9126, Ruckersville, VA 22968  This letter establishes conditions which must be understood and agreed to you before further consideration may be given to your application for financial assistance by from Rural Development for purchase ofai facility to be used as a visitor center. Any changes in project cost, source of funds, scope of services, or any other significant changes (this includes significant changes in your financial conditions, operation, organizational structure, or executive leadership), in the project or applicant must be reported to and approved by. Rural Development by written amendment to this letter. Any changes not approved by Rural Development shall be cause for discontinuing This letter is not to be considered as approval of financial assistance or asa representation as tot the availability off funds. The financial package may bec completed on the basis ofal Rural Development loan not to exceed $1,040,000, for a total project By accepting this loan, you agree to refinance (graduate) the unpaid loan balance, in whole ori inj part, upon Rural Dasbopmatimgsairstany, time Rural Development determines you are able to obtain a loan for such purposes from responsible cooperative or private sources at reasonable rates and terms, we will request that IfRural Development makes the! loan, you may make a written request that thei interest rate be the lower oft the rate in effect at the time of loan approval or the time of loan closing. If you do not request the lower of the two interest rates, the interest rate charged at closing will be the rate in effect at the time of loan approval. The loan will be considered approved on the date a signed copy of Form RD 1940-1, Request for Obligation of Funds, is mailed to you. ifyou want the lower of the two rates, your written request should be submitted to Rural Development as soon as practical. In order to avoid possible delays in loan closing such a request should ordinarily be Extra copies oft this letter are being provided for use by your attorney, bond counsel, and accountant. All parties may access information and regulations referenced int this letter at our website located at www.rd.usda.goy. Any form, bulletin, or guide The conditions referred to int the first paragraph of this letter are as follows: USDA is an equal opportunity provider, employer, and lender.  processing oft the application.  cost of$1,040,000.  refinance.  you  submitted at least 30 calendar days before loan closing.  identified in this letter will be provided upon request.  youv oniine wish ath http:!www.aser. tot fle a CMVI Rights usda.g gowcomplaint program complaint of diacrimination, complete the USDAI Program Discrimination Complaint Form, found alsov wrile al lettarc contsining allo oft thel Information fling requestad custhtmi, inthef or ata form. any! Send USDAG your office, completed orc call (866) complaint 632-9992 form to request the! form. Your may Department 690-7442 of/ Agriculture, Director, Office ofA Adjudicatlon, 14001 independence Avenue, S.W.. Washington, D.C. erleitertousb 20250-0410, by mall atU.s.  ore emal at prgaminuaagundago.,  byf fax (202)    Economic Development Authority of Greene County Letter of Conditions- -July 11,2019  Visitor Center  2  I. Project Description and Budget - Funds will be used to purchase a facility to be used as a visitor center, Funding from all sources has been  estimated expenditures as follows: Project Costs Purchase Legal Fees Bond Counsel Appraisal  budgeted for the  Total Budgeted $1,000,000 $ 10,000 > 20,000 $ 10,000 $1,040,000  TOTAL PROJECT COSTS  2. Project Funds - Project funding is planned from the following sources and  amounts:  Project Funding Source Rural Development Loan TOTAL PROJECT FUNDING  Funding Amount $1,040,000 $1,040,000  Any changes in funding sources following obligation of Rural Development: funds must be reported to the processing official. Project feasibility and funding willl be reassessed if there is a significant change inp project costs. You must assure that all project funds are expended only for the eligible items included in the project budget oft this letter of conditions or as amended by Rural Development in writing After providing fore all authorized costs, any remaining Rural Development project 3. Disbursement of Funds - Rural Development funds will be advanced as they are needed in the amount necessary, over thirty-day periods, to cover Rural Development's proportionate share of any disbursements required of your organization. Thel Debt Collection Improvement Aet/DCIA)of1996 requires that all Federal payments be made byl Electronic Funds Transfer/ Automated Clearing House (EFT/ACH). You will have funds directly deposited to a specified account atai financial institution with funds being available to the recipient on the date of payment. You should complete Form SF-3881, Electronic Funds Transfer Payment Enrollment Form, for each account where funds will be electronically received. The completed form(s) must be submitted to Rural Development prior Ther recipient must! be able tos separatelyi identify, report, and account fora alll Federal funds, including the receipt, obligation, and expenditure of funds. 4. Loan Repayment The loan will be scheduled for repayment over aj period of40 years. Payments will be equally amortized annual installments. For planning  atal later date.  funds will be applied as an extra payment to your loan.  toa advertising for bids.    Economic Development Authority of Greene County Letter ofConditions-Julyl 11,2019  3  Visitor Center  purposes, use a 3.50% interest rate and an annual amortization factor of .04683, Payments will be made on the day your payment is due through an electronic preauthorized debit system. You will be required to complete Form RD 3550-28, Authorization Agreement for Preauthorized Payments, for all new AND existing indebtedness to Rural Development prior to closing, which will allow for your payment to be electronically debited from your account on the day your payment 5. Security The loan must be secured by a Lease Revenue Bond, Leasehold Deed of Trust and Security Agreement, Lease, Assignment of Rents and Leases, Financing Lease, Support Agreement, Bond Purchase and Loan Agreement, and other agreements between you and Rural Development as set forth in the Bond Resolution, which must be properly adopted and executed by the appropriate Additional security requirements are contained in Form RD 1942-47, Loan Resolution. A copy ofther minutes from ther meeting at which the Loan Resolution A draft of all security instruments, including the bond resolution, form of bond, and bond counsel opinion, must be reviewed and concurred in by Rural Development prior to closing. Both the Bond and Loan Resolutions must be fully You must provide us with an' "as-developed" real estate appraisal, performed bya qualified licensed appraiser, that shows the value of the property serving as security for the-loan is equal to, or greater than, the proposed loan. 6. Bond Counsel The services ofar recognized bond counsel are required. Thel bond counsel will prepare the form of Bond Resolution to be used in accordance with RD Instruction 1942-A, Section 1942.19, You should immediately provide your 7. Debt Service Reserve - As a part of this loan proposal, you must establish a restricted debt service reserve fund equal to at least one annual loan installment. Deposits into the reserve fund will begin at the same time amortized loan installments begin. The reserve willl bes accumulated at the rateof109ofeach loan installment for aj period of 10 years. Tenj percent oft the proposed loan installment would equal $4,870.40 per year and should be deposited annually until a total of $48,704 has been accumulated. This reserve must be maintained throughout the life oft the loan, and prior written concurrence from Rural Development must be obtained before funds may be withdrawn from the account. If funds are withdrawn, deposits will continue as outlined above until the reserve is fully 8. Organizational Documents - The documents creating your entity have been  which provides for an annual payment of$48,704.  isdue.  officials ofy your organization.  isa adopted must bep provided to Rural Development.  executed prior to closing.  bond counsel with a copy oft this letter ofo conditions.  replenished.  reviewed and found to be acceptable.    Economic Development Authority of Greene County Letter of Conditions - July 11,2019  Visitor Center  4  9. Property Rights = Prior to closing, you and your legal counsel must furnish satisfactory evidence that you have or can obtain adequate, continuous, and valid control over the lands and rights-of-way needed for the project. Acquisitions of necessary land and rights must be accomplished in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act. Such control a. Right-of-Way Map - Your architect will provide a map clearly showing the location of all lands and rights-of-way needed for the project. The map must designate public and private lands and rights and the appropriate legal , Form RD442-20. Right-of-Way Easement - This form may be used to obtain any necessary easements for the proposed project. Ifthis form is not utilized, acopy of the easement to be used must be approved by Rural Development. Each executed easement need not be provided this office; however, each must Form RD 442-21.Rightof-Wayi Certificate - You will provide a certification ont this form that all rights-of-wayl have been obtained for thej proposed project. This form may, contain a few exceptions, such as properties that must be condemned, and you must provide the estimated date for obtaining any rights- of-way listed as exceptions. Prior to start ofconstruction or closing, whichever occurs first, a new Form 442-21, which does not provide for any exceptions, d. Form RD 442-22, Opinion of Counsel Relative to Rights-of-Way = Your attorney will provide a certification and legal opinion on this form addressing rights-of-way, This form may containa at few exceptions, such as properties that must be condemned, and your attorney must provide the estimated date for obtaining any rights-of-way listed as exceptions. Prior to start ofconstruction ord closing, whichever occurs first,an new Form 442-22, which does not provide Ifr rights-of-way are not needed for the proposed project, a certification to that effect from your attorney will satisfy items a through d above. e. Preliminary Title Opinion - When applicable, your attorney will provide a preliminary, title opinion for all property, both currently owned and to be acquired, related to the facility. Copies of deeds, contracts, or options must also be provided. Form RD 1927-9, Preliminary' Title Opinion, may be used. I Final Title Opinion = Prior to closing or start of construction, whichever, occurs first, your attorney must furnish a final title opinion for all property, both currently owned and newly acquired, related to the facility. Copies of recorded deeds for any newly acquired property must also be provided. Form The Rural Development approval official may waive title defects or restrictions, such as utility easements, that do not adversely affect the suitability, successful  over lands and rights will be evidenced by the following:  ownership thereof.  be available for Rural Development review.  must be provided.  for any exceptions, must be provided.  RD 1927-10, Final Title Opinion, may be used.    Economic Development Authority of Greene County Letter of Conditions- - July 11,2019  5  Visitor Center  operation, security value, or transferability of the façility. Any such waivers must be provided by the approval official in writing prior to closing or the start of You are responsible for the acquisition of all property rights necessary for the project and for determining that prices paid are reasonable and fair. Rural Development may require an appraisal by, an independent appraiser or Rural Development employee in order to validate the price to be paid. 10. Annual Financial Reporting/Audit Requirements You are required to submit an annual financial report at the end of each fiscal year. The annual report will be certified by the appropriate organization official and will consist of financial information. Financial statements must be prepared on the accrual basis of accounting in accordance with generally accepted accounting principles (GAAP) and must include, at a minimum, a balance sheet and income and expense statement. All records, books, and: supporting materials are to be retained fort three The criteria for determining the type of financial report to be submitted are a. Audits- An annual audit under the Single Audit Acti is required ifyoue expend $750,000 or more in Federal financial assistance per fiscal year. The total Federal funds expended from all sources shall be used to determine Federal financial assistance expended. Expenditures of interim financing are All audits are to be performed in accordance with 2 CFR Part 200, as adopted by USDA through 2 CFR Part 400. Further guidance on preparing an acceptable audit can be obtained from Rural Development. It is not intended that audits required by this part bes separate and apart from audits performed in accordance with State and" local laws. To the extent feasible, the audit work should be done in conjunction with those audits. The audit must be prepared byani independent licensed CertifiedPublic. Accountant and must be submitted Ifan audit is required, your must enter into a written agreement with the auditor and submit a copy to Rural Development prior to the advertisement of bids. The audit agreement may include terms and conditions that the borrower and auditor deem appropriate; however, the agreement should include the type of audit or financial statements tol bec completed, the time frame in which the audit or financial statements will be completed, what type of reports will be generated from the services provided, and how irregularities willl be reported. b. Financial Statements - If you expend less than $750,000 in Federal financial assistance per fiscal year, you may submit financial statements in lieu ofan audit. These financial statements musti include, at a minimum, a balance sheet and an income and expense statement. You may use Form RD 442-2, Statement of Budget, Income and Equity, and Form RD 442-3, Balance Sheet, ors similar format to provide the financial information. The financial statements  construction, whichever occurs first.  years after the issuance oft the annual report.  specified below:  considered Federal expenditures.  within nine (9) months ofy your fiscal year-end.    Economic Development Authority of Greene County Letter of Comions-wlyl1,2019  6  Visitor Center  must bes signed by the appropriate official ands submitted within 60 daysofyour Quarterly Reports- - Quarterly income and expense statements willl ber required for the first three years. You may use Form RD 442-2 or similar format to provide this information. The reports are to be signed by the appropriate borrower official and submitted within 30 days of each quarter's end. Rural Development will notify you in writing when the quarterly reports are no 11. Annual Budget and Projected Cash Flow - Prior to the beginning of each fiscal year, you will be required to submit an annual budget and projected cash flow to this office. The budget must bes signed by the appropriate borrower official. Form RD442-2ors similar format may be used. With the submission ofthe annuall budget, you will be required to provide a current listing oft the Board or Council members and their terms, annual insurance updates, and documentation of reserve account 12. Insurance and Bonding Requirements - Prior to closing, you must acquire and submit to Rural Development proof of the types ofinsurance and bond coverage. The use ofdeductibles may be allowed, provided you have the financial resources tocover potential claims requiring payment ofthe deductible. Rural Development strongly recommends that you have your attorney and insurance provider(s) review proposed types and amounts of coverage, including any exclusions and deductible provisions. It is your responsibility to assure that adequate insurance and fidelity or employee dishonesty bond coverage is maintained. a. Liability and Property Damage Insurance - The project will be reviewed for liability and property, damage needs, and amounts will be established accordingly. Public liability and property damage insurance will be obtained b. Workers' Compensation - In accordance with appropriate State laws. Fidelity or Employee Dishonesty Bonds - Include coverage for all persons who have access to funds, including persons working under a contract or management agreement. Coverage may be provided either for all individual positions or persons or through blanket coverage providing protection for all appropriate workers. During construction, each position should be bonded in an amount equal to the maximum amount of funds to be under the control of that position at any one time. The coverage may be increased during construction based on the anticipated monthly advances. After construction and throughout the lifed ofthe loan, the amount ofcoverage must bei for at least the total annual debt service of all outstanding Rural Development loans. Rural Development willl bei identified in the fidelity bond for receipt ofnotices. Form RD 440-24, Position Fidelity Schedule Bond, or similar format be d. National Flood Insurance -1 Ift the project involves acquisition or construction ind designated special flood orr mudslide prone areas, your must purchase ai flood  fiscal year-end.  longer required.  deposits.  on all vehicles driven over public highways.  used.  may    Economic Development Authority of Greene County Letter of Conditions- -J July 11,2019  7  Visitor Center  insurance policy at the time of closing. Applicants whose buildings, machinery, or equipment are to be located in an area which has been notified as having special flood or mudslide prone areas will not receive financial , Property Insurance - Before closing, you must purchase property insurance in the amount of the initial contract sum, as well as subsequent modifications thereto, for the entire work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained until final acceptance of the work. This insurance shall include interests of the owner, the contractor, sub-contractors, and sub-subcontractors in the work. Property insurance shall be on an all-risk policy form and shall insure against the perils of fire, extended coverage, and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, false- work, temporary buildings, and debris removal, including demolition occasioned by enforcement of any. applicable legal requirements. The shal! cover reasonable compensation for [engineer) [architect] services policy and Real Property Insurance - Prior to the acceptance of the facility from the contractor(s), you must obtain real property insurance (fire and extended coverage) on all above-ground structures to include machinery and equipment housed therein, in an amount equal to the insurable value thereof. Prior to closing, Form RD 426-2, Property Insurance Mortgage Clause (Without 13. Forms You will be required to execute certain forms in order to obtain financial assistance from Rural Development. Your signature on these forms indicates your 14. Code of Conduct = You must adopt and maintain a written code or standards of conduct which shall govern thej performançe ofyour officers, employees, or agents engaged in the award and administration of contracts supported by Rural Development funds. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by Rural Development funds ifa conflict of interest, real or apparent, would bei involved. 15. Form AD-1048. Certification Regarding Debarment, Suspension, Ineligibilityand Voluntary Exclusion - Lower Tier Covered Transactions - Your responsibilities as a recipient of Federal funding will include the clause entitled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," in all lower tier transactions and in all solicitations for lower tier transactions that are expected to exceed $25,000. Should the proposed transaction be entered into,you agree yous shall not knowinglye enter into any. lower tier transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in the transaction, unless authorized by the Department or Agency entering into this transaction. You may rely upon a certification of a prospective participant in a lower tier transaction that it is not debarred, suspended, ineligible, or voluntarily excluded  assistance where flood insurance is not available.  expenses required as a result oft the loss.  Contribution), must be executed.  agreement to abide by all covenants outlined in the forms.    Economic Development Authority of Greene County Letter of Comdilions-1wy1,2019  8  Visitor Center  from the covered transaction, unless you know the certification is erroneous. Each participant must execute Form AD-1048, and the executed form must remain a part ofy your files. You may, but are not required to, check the Non-Procurement List. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed bya ap prudent Ifyoul knowingly enter into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, ina addition to other remedies available to the Federal Government, we For additional information regarding responsibilities and reporting requirements, 16. Public Meeting Requirement - You will be required to inform the general public about the proposed project! by holding at least one publici information meeting prior tot the approval ofyourf financial package. This meeting will give the citizenry an opportunity to become acquainted with the proposed project and voice any comments and/or concerns. Ten (10) days prior to the meeting, you will be required to publish a notice of the meeting in a newspaper of general circulation in the proposed service area. You will be required to provide Rural Development with a copy oft the published notice, along with minutes from the meeting. 17. System for Award ManagemenLSAMA-/ As the recipient, you must maintain the currency of your information in SAM.gov until (a): you submit the final financial report required under this award and (b) all grant funds under this award have been disbursed or cancelled, whichever is later. This requires that you review and update your information at least annually after the initial registration and more frequently, if required by changes in your information or another award 18. Environmental- - The project as proposed has been evaluated to be consistent with thel National Environmental Policy Act. Other Federal, State, tribal, and local laws, regulations, and/or permits may apply or be required. Ifthe project or any, element thereof deviates or is modified from the originally approved project, additional 19. Permits - Prior to closing, the owner or responsible party is required to obtain all applicable permits for the project. Your attorney must provide a narrative opinion identifying and addressing the need and adequacy of all certificates, permits, 20. Compliance Reviews and Data Collection = Rural Development will conduct regular compliance reviews oft the borrower and its operation in accordance with 7CFR Part 1901, Subpart E, and 36 CFR1191, Americans with Disabilities Act (ADA) Accessibility Guidelines for Buildings and Facilities; Architectural Barriers AetABA)Acesibiliy Guidelines. The data your must provide depends  person in the ordinary course of business dealings.  may terminate this transaction for cause or default. refer to 2 CFR Part 170, Appendix A.  term. Recipients can register online at www.sam.gov,  environmental review may be required.  licenses, etc., needed for the operation oft the facility.    Economic Development Authority of Greene County Letter of Conditions - July 11,2019  9  Visitor Center  on the type of project financed with Rural Development funds, and guidance will The local building official must provide documentation that the facility meets the The first compliance review will be conducted concurrent with closing, with subsequent compliance reviews conducted every three years. 21. Statutory and National Policy Requirements = As a recipient of Federal funding, you are required to comply with U.S. statutory and public policy requirements, a. Section 504 of the Rehabilitation Act of 1973 -= Under Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), no handicapped individual in the United States shall, solely by reason of their handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Rural Development b. Civil Rights Act of 1964- All borrowers are subject to, and facilities must be operated in accordance with, Title VIofthe Civil Rights Act of1964(42U.S.C. 2000d et seq.) and 7 CFR 1901, Subpart E, particularly as it relates to conducting and reporting of compliance reviews. Instruments of conveyance for loans and/or grants subject to the Act must contain the covenant required by C. The Americans with Disabilities Act (ADA) of 1990 - This Act (42 U.S.C. 121019 etseg.) prohibits discrimination on the! basis ofdisability ine employment, State and local government services, public transportation, public d. Age Discrimination Actof 1975 - This Act (42 U.S.C. 6101 ets seq.) provides that no person in the United States shall on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity reçeiving Federal financial assistance. . Limited English Proficiency (LEP) under Executive Order 13166 - LEP statutes and authorities prohibit exclusion from participation in, denial of benefits of, and discrimination under Federally-assisted and/or conducted programs on the ground ofrace, color, or national origin. Title VIofthe Civil Rights Act of 1964 covers program access for LEP persons. LEP persons are individuals who do not speak English as their primary language and who have al limited ability to read, speak, write, or understand English. These individuals may be entitled to language assistance, free ofcharge. Youmustt take reasonable steps to ensure that LEP persons receive the language assistance necessary to have meaningful access to USDA programs, services, and information your organization provides. These protections are pursuant to Executive Order 13166 entitled' "Improving Access to Services by Persons withl Limited English Proficiency" and further affirmed in the USDA Departmental Regulation 4330-  bep provided to yout by Rural Development. above requirements prior to closing.  including but not limitedto:  financial assistance.  Paragraph 1901.202(e) oft this' Title.  accommodations, facilities, and telecommunications.    Economic Development Authority of Greene County Letter of Conditions-J July 11,2019  10  Visitor Center  005, "Prohibition Against National Origin Discrimination Affecting Persons with Limited English Proficiency in Programs and Activities Conducted by Rural Development financial programs must be extended without regard to race, color, religion, sex, national origin, marital status, age, or physical or mental handicap. You must display posters (provided by Rural Development) informing users ofthese requirements, and Rural Development will monitor, your compliance As a recipient of federal financial assistance, you must comply with all applicable federal, state, and local statutes, ordinances, regulations, and codes. The majorportion ofexisting Rural Development rules and regulations which must be met are included inF RD Instruction 1942-A. No modifications or waiver of any portion of these regulations is authorized. Such regulations shall govern regardless of any misinterpretation, omission, misunderstanding, or statements made by any Rural Development employee. The most critical requirements oft thei instructions have been We believe the information herein clearly sets forth the action which must be taken; however, ify you have any questions, please do not hesitate to contact my office. Please complete Form RD 1942-46, Letter of Intent to Meet Conditions, Form RD 1940-1, Request for Obligation of Funds, and AD-3031,Assurance Regarding Felony Conviction or Tax Delinquent Status, ifyou desire that further consideration be given Ifthe conditions set forth in this letter are not met within 6 months from the date hereof, Rural Development reserves the right to discontinue processing of the application. In the event the project has not advanced to the point ofc closing within 6 months and iti is determined the applicant still wishes to proceed, it may be necessary to review the conditions outlined in this letter, Ifduring that review it is determined the conditions are nol longer adequate, Rural Development reserves thet right to require  USDA."  with these requirements during regular compliance reviews.  highlighted or clarified in this letter.  toyour application.  that the letter of conditions be revised or replaced.  Sincerely: yours, Cynclines for Steven Davis Areal Director USDA, Rural Development Attorney Bond Counsel Accountant  cc: Community Programs Director, Richmond, VA    Exhibit B Leased Property  County of Greene, Virginia: Tax Map No. 60-A-20A  The Leased Property consists of all that certain lot or parcel of land in the Ruckersville Magisterial District of Greene County, Virginia, located on the western margin ofU.S. Route 29, north of Ruckersville, containing 1.59 acres, more particularly described as Lot A1 on a subdivision plat of Roger W. Ray, Land Surveyor, dated December 13, 2000, which plat is recordedi int the office oft the Clerk oft the Circuit Court oft the County (the "Clerk's Office") on Plat Card 2875, Instrument #0100139. The real estate is aj portion ofthei real estate which was acquired by. John. J. Silke and Robin A. Silke by deed dated October 6, 1998, ofrecord int the Clerk'sOffice  in Deed Book 472, Page 183, and identified as Tax Map No.: 60-A-20A.  -9-    EXHIBITC Form of Support Agreement (See Attached)  10-    EXHIBIT C  SUPPORT AGREEMENT  This SUPPORT AGREEMENT (this' "Support lAgrement')ismade: as ofthe 2019, by and among the BOARD OF SUPERVISORS OF GREENE  day of  COUNTY, VIRGINIA (the "Board of Supervisors"), acting on behalf of the COUNTY OF GREENE, VIRGINIA (the "County"); the ECONOMIC DEVELOPMENT AUTHORITY OF GREENE COUNTY, VIRGINIA (the "Authority"); and the UNITED STATES OF AMERICA, ACTING THROUGH RURAL HOUSING SERVICE, AN AGENCY OF THE UNITED STATES DEPARTMENT OF AGRICULTURE ("RHS" or the Bondholder").  RECITALS  WHEREAS, the Authority isa political subdivision oft the Commonwealth of Virginia (the "Commonwealth") empowered by the Industrial Development and Revenue Bond Act, Chapter 49,Title 15.2 ofthe 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 oft the inhabitants ofthe Commonwealth and the County, through thci increase ofcommerce or through the promotion oftheir 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 ofi its revenues, including rental revenues, inorder to provide all or any portion oft the security for WHEREAS, at a meeting on, Junc 11,2019, the Board of Supervisors of Greene County, Virginia (the "Board of Supervisors"): stated its intention for the County to (a) acquire, construct, reconstruct, expand, and equip capital projects in the County, including but not limited to visitor center-facilities and related furniture, fixtures, and equipment to be located in the County at 9157 Seminole Trail, Ruckersville, Virginia 22968, and (b) pay costs ofi issuance in connection with such undertakings by the County (all capital projects for such purposes in the County  the payment ofi its revenue obligations; and  referenced herein as the "Project"); and  being  WHEREAS, the County requested the assistance of the Authority to obtain financing WHEREAS, RHS offered to provide long-term, taxable lease financing for the capital costs of the Project pursuant to the provisions oft the Letter of Conditions dated June 52 2019 and amended on July 11, 2019, from RHS to the Authority as conduit issuer for the benefit of the County, relating to the lease financing and the Bond (the "Letter of Conditions"); and Bondholder has purchased the $1,040,000 Economic Development Authority of Greene County, Virginia Lease Revenue Bond (Visitor Center Project), Series 2019 (the "Bond"), in order for the  through al bond for the Countyi to undertakc and finance the Project; and  WHEREAS, on  2019 (referenced herein as the "Closing Date"), the  Authority and the County to provide financing to undertake the Project; and  1-    WHEREAS, thc Bond 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. July 16, 2019, including an RHS Form 1942-47 Resolution, after the holding ofa duly noticed public hearing (together, the "Authorizing Resolution"), as requested by the Board of Supervisors and confirmed by the Board of Supervisors ini its resolution duly approved on July 23, 2019 (the "County Resolution"), and bya Bond Purchasc and Loan Agreement, dated as of 2019 (the' "Agreement") by and among the Authority, the Bondholder, 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 Properly") from the County to the Authority pursuant to the terms Bond in the Clerk's Office oft the Circuit Courl oft the County ("Clerk's Office"); and  of the Lease to be dated on or around  2019and recorded on the Closing Date ofthe  WHEREAS, the Authority will lease back the Leased Propertyto 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 immediately subsequent to the Lease; and  2019 and recorded in the Clerk's Office  WHEREAS, under the terms oft 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 the Authority, which payments shall mirrorthe principal and interest due on the Bond, WHEREAS, it is to be understood that the obligations oft the County under the Financing Lease shall constitute a current expense ofthe County,subject toa annual appropriations beingmade therefor by the Board of Supervisors and, accordingly, that subject to the Assignment (defined below),the Financing Leasc 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 WHEREAS, the obligations of the County to make Rental Payments under the Financing Lease: shall not constitute a debt ofthe County within the meaning ofany constitutional or slatutory limitation nor a liability of or al lien or charge upon funds or property oft the County beyond any fiscal year for which the Board of Supervisors has appropriated funds to make such payments; and WHEREAS, the Bond 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 revenues of the Authority as provided under the Bond, and, further, under the lease financing arrangement described herein pursuant to the Basic Documents (defined below); and Leases with respect to the Leased Property, to bc dated on or around  among other payments to' the Authority, ifany; and  Financing Eease; and  WHEREAS, the County and the Authority will also convey an Assignment of Rents and benefit oft the Bondholder (the "Assignment"), to be recorded in the Clerk's Office immediately  2019, for the  -2-    after thel Lease and the Financing Lease inc order to, among othert things, duly assign the Authority's rights to receipt of Rental Payments (as described in the Agreement) to the Bondholder; and WHEREAS, pursuant to the County Resolution, the County has approved a Leasehold the County and/or Authority to the named trustee therein, 1o be recorded in the Clerk's Office, order to mortgage the Leased Property in favor of the Bondholder and thereby induce the in Bondholder to purchase the Bond from the Authority and provide additional security for the WHEREAS, pursuant to the Financing Lease, and subject to the first priority liens of the Bondholder as set forth in the Deed of Trust and this Assignment, the County shall continue to lease the Leased Property, as required under the Agreement, pursuant to the provisions of the WHEREAS, as additional sccurity for the payment of the principal of and interest on the Bond, among other obligations of the Authority and the County to the Bondholder described thereunder, the Board of Supervisors, pursuant to the County Resolution, has authorized the execution and delivery ofthis Support Agreement to provideli itsagreement foranon-binding moral obligation to consider appropriating such amounts as may bei requested from time to time pursuant to the Financing Lease, to the fullest degree and ins 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) for the payment of the County's obligations under the Financing Lease, and the funding and maintenance ofa Debt Service Reserve Fund, as set forth in the Lètter of Conditions and the Agreement, and has  Deed of Trust and Security Agreement, dated as of  2019 ("Deed ofTrust") from  payment thereof; and  Lease; and  recommended that future. Boards of Supervisors do likewise; and  WHEREAS, the transactions contemplated hereunder shalll be evidenced by the following  documentâtion:  A. The. Agreement;  B. The Bond, bearing interest and being payable as provided therein;  C. The Deed ofTrust; D. The Lease; E. The Financing Lease; F. The Assignment; and G. This Support Agreement.  3-    For convenience, the Agreement, the Lease, the Financing Lease, the Assignment, and this Support Agreement together with any other certificates, agreements, and instruments in connection  with the Bond are collectively referenced hercinafter as' "Basic Documents."  NOW, THEREFORE, for and in consideration of the foregoing and of the mutual I. The County hereby agrees that, during such time as this Support Agreement may remain in effect, the County shall operate the Project and the Leascd Property (as defined in the Basic Documents) for cssential governmental purposes and for the benefit ofthe County, and: shall maintain such facilities (or cause the same tol be maintained) ing good repair and condition in order of the Bond to provide financing of the costs of the Project, and to undertake the Project at the earliest practical date, in accordance with the terms and provisions set forth in the Basic Documents. To such end, the County hercby acknowledges the schedule of Basic Rent (as described in the Financing Lease), which rental payments thereof constitute the Authority's debt service installments on the Bond, as further contemplated under the Letter of Conditions and the 3. During the term of this Support Agreement, the County Administrator has been directed by the Board of Supervisors, pursuant to the terms, and provisions of the County Resolution, to coordinate with the Authority in order for the County Administrator lo submit to thel Board of Supervisors for each fiscal year while the Bond remains outstanding, a request to the Board of Supervisors for an appropriation for (a) anamount equal to the rental payments coming due under the Basic Documents for the next, ensuing fiscal year and being payable to the Bondholder for the benefit of the Authority, (b) funding and maintaining the restricted Debt Service Reserve Fund equal to at least one annual loan installment to be held by the County as additional security for RHS, as covenanted in the Agreement and required by the Letter of Conditions, and (c) any other Required Payments under the Agrcement or Financing Lease. shall make annual installments of Basic Rent in thc amount of $48,704 cqualing principal and interest due on thel Bond. The County will also makc an annual deposit tot the Debt Service Reserve Fund at the time of Basic Rent Payments at the rate oft ten percent (10%) ofe each loan installment ($4,870.40) for aj period of1 10 years until a total of$48,704 has been deposited.  covenants herein sct forth, the parties hereto agree as follows:  to maximize the essential governmental and general, public uses thereof.  2.  The County further agrecs that its shall exercise its best efforts to use the proceeds  Basic Documents.  Commencingon;  2020, and continuing annuallyon  thereafter, the County  4. Any such obligation of the 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, from time to time, by the Board of Supervisors for such purposes, in accordance with law. If at any time the appropriation(s) by the Board of Supervisors are insufficient for the debt service on the Bond lo be paid on behalfoft the Authority or any Required Payments or other obligations ofthe Authority in connection therewith, or to fund and maintain the Debt Service Reserve Fund, the County    Administrator shall promptly present a request for a supplemental appropriation to the Board of Supervisors in the amount of any such deficiency, and the Board of Supervisors shall consider such request, ati itst next regularly schedulcdi meeting at which iti is possible to satisfy any applicable notification requirement. Promptly after such mccting, the County Administrator shall  the notify  Bondholder  whether the amount so requested was appropriated.  5. Subject to the provisions hereof, it is hereby acknowledged that the reasonable expectation ofthe parties is that the County shall provide funds for the payment ofRental Payments on the Bond on behalf oft the County, for the benefit of the Authority, and provide funds for any Required Payments or the Debt Service Reserve Fund, in the amount of any annual or other supplemental appropriations made by the Board of Superyisors pursuant to this Support Agreement. To such end, the Board of Supervisors hereby undertakes a non-binding moral obligation to appropriate such Rental Payments, Required Payments, and funding for the Debt Service Reserve Fund, from time to time, in such mannera andi in amounts as may be required under the Bond, the Letter of Conditions, the Basic Documents, and this Support Agreement, to the fullest degree and in such manner as is consistent with the Virginia Constitution and laws oft the Commonwealth ofVirginia. The Board of Supervisors, while recognizing that iti is not empowered to make any binding commitment to make such appropriationsi in future fiscal years, hereby slates its intent to make such appropriations in future fiscal years, and hereby recommends that future the County to the Bondholder, 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 hercin contained shall legally bind or obligate the Board of Supervisors to appropriate funds to pay the debt service on the Bond, any other payments, or fund or maintain the Debt Service Reserve Fund or for any other purposes described herein or Agreementy on behalfo of the County in consideration for the agreement to pay Rental Payments under the Financing Lcasc and the Authority's correlating agreement to sell, execute, and deliver the Bond to thel Bondholder ont the date hereof. The Board ofSupervisors acknowledges and agrees that the County has, agrecd to cause the Project to be operated and maintained in a manner to provide visitor center facilities for the benelit 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 inc order for the installments ofp principal of and interest on the Bond to be paid to the Bondholder, and for the payment of any other obligations of the County or Authority in connection with the 8. Any notices or requests required to be given hereunder shall be given in writing and delivered in person, or by overnight 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  Boards of Supervisors do likewise.  6.  Nothing herein contained is or shall be deemed to be a lending of the credit of  otherwise contemplated thereunder. or hereunder.  The Board of Supervisors acknowledges that it is entering into this Support  Bond.  under this paragraph.    9. This Support Agreement shall be governed by the laws oft the Commonwealth of Virginia, and shall remain in full force and effect until the Bond and any other obligations oft the. Authority pursuant thereto or otherwise with respcct to the Basic Documents shall be paid, in full. 10. Ifany clause, provision or section oft this Support Agreement shall be held or invalid by any court, the illegality or invalidity ofs such clause, provision or section shall illegal affect the remainder of this Support Agreement which shall be construed and enforced as ifs such not illegal or invalid clause, provision or section had nol been contained in this Support Agreement. 11. For the conveniencc oft thc parties hercto, this Support Agrcement may be executed ins several counterparts each of which shall be an original and all ofwhich logether shall constitute  but one and thes same instrument.  [THIS SPACEI LEFT BLANK INTENTIONALLY.  [Signalure Page to Support Agreement follows]    IN WITNESS WHEREOF, the parties hereto have each caused this Support Agreement  to be executed in their respective names as oft the date first above written.  COUNTY OF GREENE, VIRGINIA  By:  Chair, Board of Supervisors  ECONOMIC DEVELOPMENT AUTHORITY OF GREENE COUNTY, VIRGINIA  By:  Chair  THE UNITED STATES OF AMERICA, ACTING THROUGH RURAL HOUSING SERVICE, AN. AGENCY OF THE UNITED  STATES DEPARTMENT OF AGRICULTURE  By:  [Signature Page to! Support Agreement] For the convenience oft the parties, signatures may bei in counterparts.  -7-