Board of Supervisors May 9, 2017 Sheet 1  May 9,2 2017  County of Greene, Virginia  THE GREENE COUNTY BOARD OF SUPERVISORS MET ON TUESDAY, MAY 9, 2017  BEGINNING AT 6:301 P.M. IN THE COUNTY MEETING ROOM.  Present were:  Dale Herring, Vice Chair David Cox, Member Jim Frydl, Member Bill Martin, Member Michelle Flynn, Chair  Absent: Staff present:  John C. Barkley, County Administrator Ray Clarke, County Attorney Patti Vogt, Deputy Clerk  Bart Svoboda, Deputy County/Zoning Administrator  RE: CALLTO ORDER RE: EXECUTIVE SESSION ofthe Code of Virginia. Virginia Code Reference  The Vice Chair called the meeting to order.  Upon motion by David Cox and affirmative vote, the Board entered into Executive Session to discuss legal and personnel matters pursuant to Section 2.2-3711 Subsection (a, 1-7)  2.2-3711 A.7: Consultation with legal counsel employed or retained by a public body regarding  specific legal matters requiring the provision oflegal advice by such counsel.  Pending litigation  Recorded vote:  Michelle Flynn Dalel Herring David Cox Jim Frydl Bill Martin  Absent Yes Yes Yes Yes  Motion carried.    Board of Supervisors May 9,2017 Sheet 2  Upon motion by. Jim Frydl and affirmative vote, the Board returned to Open Session.  Recorded vote:  Michelle Flynn Dale Herring David Cox Jim Frydl Bill Martin  Absent Yes Yes Yes Yes  Motion carried.  By affirmative vote, all members certified that only public business matters lawfully exempted from the Open Meeting requirement and only such matters as identified by the motion  to enter into Executive Session were discussed.  Recorded vote:  Michelle Flynn Dale Herring David Cox Jim Frydl Bill Martin  Absent Yes Yes Yes Yes  Motion carried. RE: OPEN MEETING ofsilence.  The Vice Chair opened the meeting with the Pledge of Allegiance followed by a moment  RE: CONSENT AGENDA  Upon motion by David Cox and affirmative vote, the Board approved the minutes ofthe  April 11,2 2017 and April 25, 2017 meetings as presented.  Recorded vote:  Michelle Flynn Dale Herring David Cox Jim Frydl Bill Martin  Absent Yes Yes Yes Yes  Motion carried.  RE: RECOGNITION- - MRS. ETHYLE GIUSEPPE  The Board recognized Mrs. Ethyle Giuseppe for her life-long commitment to improving the quality of life in Greene County and for her tireless efforts to enrich the lives of her fellow citizens through service to her church, local community and numerous volunteer organizations, and to serve those in need. Mr. Frydl said most everyone is aware of generous financial contributions by Mrs. Giuseppe in honor of her husband, Eugene Giuseppe and her brother, Linwood Rhodes. Greatest contribution is her daily volunteer activities that greatly enrich the Dr. Andrea Whitmarsh, Superintendent of Schools, said Mrs. Giuseppe has made profound contributions to our community including the schools, park, Giuseppe Center, Historical Society, etc. On behalf of the youth in our community and the schools, she thanked  community.  Mrs. Giuseppe for all that she does.    Board of Supervisors May 9, 2017 Sheet 3  Mr. Gary Lowe, Lay Minister of South River Methodist Church, said he first met Mrs. Giuseppe over twenty (20) years ago at the Church. He said Mrs. Giuseppe is a real inspiration Mr. Harry Stillerman, Vice President for Institutional Advancement at Piedmont Virginia Community College, thanked Mrs. Giuseppe on behalf of the entire campus community for her contributions. People in the community college world all believe in the power of education to transform lives and that's exactly what is happening here in Greene County thanks to the Mr. Don Pamenter spoke on the many small things Mrs. Giuseppe also does that helps Ms. Angelina Santus, Director of Counseling at WMHS, commented on how the kids Ms. Kristin Shifflett, senior at WMHS, said she started at PVCC as a freshman and will graduate this year from high school with an Associate's Degree. She will be attending JMU this fall and her PVCC credits will transfer. Attending a four year university is a reachable goal for Ms. Alexandra Pappas, junior at WMHS, said everyone loves it at the Giuseppe Center. Students are grateful for the opportunity to take classes and expand education. Thank you Mrs. Ms. Kaycee McCain, sophomore at WMHS, said she also is on track to graduate with an Mrs. Giuseppe said it is nice to see everyone doing well. She encouraged students to do Mr. Herring said Mrs. Giuseppe made an impact in his life as well. Her husband was his principal. Daily interactions with people are very important. Mrs. Giuseppe has made a Mr. Frydl commented that Greene County has something special noting the number of people who took time to attend this meeting to share from their hearts about Mrs. Giuseppe and hopefully give her something back. He appreciates that in Greene people still believe and trust Mr. Martin said Mrs. Giuseppe is an inspiration to him going forward and he is grateful Mr. Cox said Mr. Giuseppe was principal when he was a bus driver while attending high school. He thanked the Giuseppe family for everything theyl have done for Greene County.  and pillar oft the community.  Giuseppe Center and Mrs. Giuseppe helping to provide programs.  make the community what itis.  benefit from the Giuseppe Center every day and the great impact year after year.  her now thanks to Mrs. Giuseppe.  Giuseppe.  Associate's Degree. Thanked Mrs. Giuseppe for all she has done.  their best and continue helping others as they can. Everyone needs help at times.  difference in every: person's life she has come in contact with.  in their neighbors and appreciates what they do for each other.  for the time hel has had with her.  RE: RECESS  The Chairman called a short recess.  RE: LEASE WITH GREENE COUNTY HISTORICAL SOCIETY  Upon motion by Jim Frydl and affirmative vote, the Board approved the lease with the Greene County Historical Society for use of the Old Jail as a museum as presented. (See  Attachment "A") Recorded vote:  Michelle Flynn Dale Herring David Cox  Absent Yes Yes    Board of Supervisors May 9, 2017 Sheet 4  Jim Frydl Bill Martin  Yes Yes  Motion carried.  RE: MEMORANDUM OF AGREEMENT WITH TOWN OF STANARDSVILLE FOR Upon motion by David Cox and affirmative vote, the Board approved the Memorandum of Agreement and the Temporary Ground Lease with the Town of Stanardsville for the pavlion/farmer's market project at the County Administration Building. (See Attachment "B  PAVILIONFARMERS MARKET PROJECT  and C")  Recorded vote:  Michelle Flynn Dale Herring David Cox Jim Frydl Bill Martin  Absent Yes Yes Yes Yes  Motion carried.  RE: WHITE RUN RESERVOIR  Mr. Barkley said the final negotiations on land acquisition continue. The first public information session is scheduled for July 13 at 6:30 p.m. in the County Meeting Room. He will  bei making a presentation at the Chamber of Commerce meeting on June 7.  RE: BROADBAND  Mr. Yost spoke on the ongoing broadband survey which has been distributed or advertised in many ways. To date, six hundred (600) unique address responses have been received. Of that amount, nine percent (9%) do not have internet service. Twenty-five percent (25%) are dealing with very inadequate broadband. About fifty percent (50%) have inadequate Mr. Herring said 25 Mbs is the goal and current DSL provides about 15 Mbs. Technology is changing but fiber is really the only way to reach goal. Information is needed to indicate where issues are. The phone number to call if you do not have internet service is 939- A "dig once policy" is being considered where conduit would be laid in place during the Mr. Frydl said goal is to get as much information as possible to facilitate the project. We're not looking to go into the internet business. Trying to find ways as government to makei it Mr. Barkley said this is as much a public safety and education issue as it is business.  broadband service. The survey will run through June 30.  9030.  construction phase ofa development. easier for free market to work.  This is an important initiative for County to be facilitator.  Mr. Herring encouraged everyone to complete the survey.  RE: LIAISION REPORTS  Mr. Frydl said RSA had a capital improvement meeting today. Plan is to update trouble areas including the Stanardsville area. Also, plans for the modernization of the schools will be  introduced at the School Board meeting tomorrow night.    Board of Supervisors May 9, 2017 Sheet 5  Mr. Herring said the TJPDC met last week. A resolution in support of Amtrak establishing an east/west connection was approved. Also there was a presentation on the Ride  Share program.  RE: ADJOURN MEETING  The meeting adjourned at 8:35 p.m. The next scheduled meeting of the Board of  Supervisors will be Tuesday, May 23, 2017 in the County Meeting Room.  Michelle Flynn, Greene County Board of Mp  Supervisors    Board of Supervisors May 9, 2017 Attachment "A"  DEED OF LEASE  This Deed of Lease made and entered into this gh day of MAy  2017 by and  between the COUNTY OF GREENE, acting through its Board of Supervisors, hereinafter referred to as "Landlord", and the GREENE COUNTY HISTORICAL SOCIETY, an incorporated association operating not for profit, hereinafter referred to as "Tenant", WHEREAS, Landlord is the owner of certain real property located at 32 Court Square in Stanardsville, Virginia known as the "Old. Jail Building", hereinafter: referred to as the "Jail". WHEREAS, Tenant will undertake aj project to research, authenticate, develop, fundraise and plan to renovate the interior of the Jail, for the purpose of restoration, hereinafter referred to WHEREAS, Landlord desires to lease to Tenant and Tenant desires to lease from NOW THEREFORE, in consideration of the mutual promises and premises hereinafter Landlord does LEASE unto Tenant the Jail, subject to the conditions and Rent shall be One and no/100th dollars ($1.00) per year, payable upon the The Development Phase will last four (4) years from the effective date of this Landlord shall maintain the exterior of the Jail in proper condition, as Landlord in Landlord shall be responsible for all maintenance and repairs oft the interior of the  ast the' "Development Phase". Landlord the. Jail.  contained, iti is hereby mutually agreed as follows: limitations listed herein, for aj period often (10) years.  1. 2. 3. noted in Clause 5, below. 4. 5.  execution oft this Deed ofLease and in January ofe each year thereafter.  Lease. Landlord will have no financial responsibility during the Development Phase, except as  its sole discretion, deems appropriate for the duration ofthis Lease.  Jail during the Development Phase. When the Development Phase is concluded, Tenant shall be responsible for all maintenance and repairs of the interior of the Jail and any improvements to be installed with the exception of the space occupied by the backup Emergency Operations Center, EOC. Tenant shall be permitted to use the Jail during the Development Phase for holiday and special events in which the' Tenant is directly responsible for such an event. Tenant shall also be permitted to use the. Jail for planning purposes directly associated with the Development Phase. the Tenant deems appropriate. Tenant reserves the right to host special events and fundraising and such other items as it may from time to time acquire by gift, loan, or purchase and which it historical documents and mementos. Tenant will insure the protection of! historical artifacts in its possession. Tenant agrees to hold Landlord harmless from any damage or other claims arising out of Tenant's use or occupancy of the premises. Tenant shall not be held responsible for  hereinafter: referred to as "EOC".  6.  Landlord shall not permit use of the. Jail, except the space occupied by the backup  7. activities at the. Jail. 8. 9.  The Jail will be used by Tenant as a museum which will be open to the public as Housed in the Jail will be those historical objects currently possessed by Tenant Tenant shall provide property insurance coverage on all contents, including  may deem appropriate to display to the public.  insuring office furniture, fixtures or equipment in the backup EOC.    10. Ats such time as Tenant may abandon the premises or cease to use the premises as a museum as contemplated herein, the premises shall revert to Landlord including all fixtures 11. Landlord reserves the right to enter onto the premises and to make use of portions of the premises which, in Landlord's sole discretion, it determines to be in the best interests of the public of Greene County, provided that the exercise of such right does not interfere with the 12. Landlord agrees to supply documentation, as may be needed to support the Tenant's efforts in obtaining funding through various grant applications, as may be filed by the 13. At the expiration of this Lease term, the same may be terminated or renewed, at the option of either party, for an additional period of ten (10) years at the same rent, should  and improvements attached to the building by' Tenant.  operation of thei museum as contemplated herein orj jeopardize any artifacts.  Tenant.  Tenant still be operating a museum on the premises.  WITNESS the following signatures and seals:  Board of Supervisors of Greene County, Virginia  By: pR a  (SEAL)  Dale Herring, Vice Chairman  Greene County Historical Society  By:  (SEAL)  ATTEST: John C.  - Barkley, Clerk  APPROVED ASTOFORM: Raymond L. Clarke, County      COMMONWEALTH OF VIRGINIA. COUNTY OF GREENE, to-wit:  Subscribed to before me by Dale Herring, Vice Chairman, Greene County Board of  Supervisors, ini my County and State aforesaid, this 9hh day of MAy  2017.  M A  SAs M.Nogt  Notary Public  My Commission   FALTH OF  COMMONWEALTH OF VIRGINIA. COUNTY OF GREENE, to-wit: Subscribed to before me by. ini my County and State aforesaid, this  Greene County Historical Society,  day of  2017.  Notary Public  My Commission Expires:    Board of Supervisors May 9, 2017 Attachment "B"  Memorandum of Agreement County of Greene and Town of Stanardsville  March 23,2017  This memorandum of agreement governs the construction, land use, financing and management of a Market and Entertainment Pavilion to be built on Greene County land next to the county's Whereas, the Town of Stanardsville is the recipient of a Community Development Block Grant (CDBG) that will provide $370,000 for the construction of a market and entertainment pavilion (facility) as part ofa$ $996,790 grant to further the economic revitalization oft the County seat and the County; and Whereas, the use of the facility will benefit local farmers, entrepreneurs, Greene County residents, musicians and businesses by 1) providing retail and other economic opportunities to local farmers, food and craft entrepreneurs, and regional producers of wine, cider and beer; 2) providing an avenue for area residents, including low- to moderate-income persons, to conveniently purchase healthy, fresh, local produce; 3) hosting concerts and special events of varying sizes as a benefit to regional residents and Whereas, the successful operation of the facility will generate additional revenue for local restaurants, vacation accommodations and businesses; sales and other taxes for Greene County; and attract new Whereas, the facility and its services, once in full operation, are intended to be self-funding sO that there will be no financial obligation imposed on the County of Greene or the Town of Stanardsville for the market and entertainment pavilion and any financial support they may wish to provide would be Whereas, the Town of Stanardsville and/or the County of Greene may apply to government, foundation orp philanthropic organizations for funding of additional phases of the facility, special events or operating Whereas, the County of Greene Board of Supervisors endorsed "The concept ofa a performance pavilion and farmers' market on Greene County property" inar resolution dated March 8, 2016; and Whereas, the Town of Stanardsville, having no employees, is currently not fully in the position to oversee the successful development, operation and maintenance of thet facility and its services; Now, therefore, Greene County and the Town of Stanardsville do enter into this memorandum of  administration offices on Celt Road.  visitors; and 4) bringing additional visitors into Greene County and Stanardsville; and  businesses and residents to the area; and  voluntary; and  funds; and  agreement, subject to the following:  1. The property area required for construction, as defined in the attached Lease Agreement, will be leased by the County of Greene to the Town of Stanardsville (under the protection of the Town's existing or modified insurance) for the period of construction of the first phase as  funded by the CDBG; and  1    2. The CDBG Grant Administrator (Stanardsville Mayor, Gary Lowe) and the CDBG Project Manager (*STAR* Executive Director, Roy Dye) will oversee facility construction under the overall governance of the Stanardsville Downtown Revitalization Project Advisory Board; and 3. Upon termination of the Lease Agreement, the property will revert to the County and all structures and improvements created under the CDBG will be donated by the Town of 4. Anot-for-profit corporation will be formed to provide leadership and oversight oft the marketing 5. The corporate enterprise will have an executive Board of Directors comprised of the following: a. The Greene County Director of Economic Development and' Tourism b. Arepresentative of the Greene County Parks and Recreation Department The Virginia Cooperative Extension Agriculture and Natural Resources Agent  Stanardsville to the County; and  and operation of the market and entertainment facility; and  d. Arepresentative of Greene County Public Schools e. Two appointees of the Town of Stanardsville Arepresentative of the Greene County Tourism Council 6 Two appointees of the Advisory Council (see No.6 below)  6. An Advisory Council will be formed to give practical operating direction to the enterprise, drawing from participating farmers, craftspeople, food entrepreneurs, local businesses and 7. The Board of Directors will advertise for, and secure the services of, a qualified part-time Operations Manager or Contractor who will work with the Board of Directors and the Advisory 8. Before commencement of operations, the Board of Directors will prepare a set of by-laws governing the corporate enterprise and the policies, plans, and procedures for the day-to-day operation of the Market and Entertainment Pavilion, including, but not limited to, the following a. Purpose of the corporate enterprise and the authority of the Board of Directors and b. Membership criteria for the Board of Directors and Advisory Council and a delineation Frequency and place of meetings for each governance body (e.g., quarterly for the d. An initial start-up budget (and an annual budget thereafter) covering, at a minimum, expenses for the Operations Manager, advertising, utilities, security, maintenance, fixed  entertainers; and  Council to build and operate at thriving public/private partnership; and  items:  Advisory Council  oft the officers and roles of the officers and members Board, monthly for the Advisory Council) assets and incidentals, and all revenue sources Types of products that can be sold and Community Services (VDACS) certification and moderate-income residents Allowable types ofe events Fees to be charged for different types of activities Maintenance of facilities after events Hours, rules enforcement, and noise level controls  e. An initial operations plan (annually updated thereafter) covering:  Conditions of sale for items, such as appropriate Virginia Department of Agriculture Provision for Supplemental Nutrition Assistance Program (SNAP) benefits for low- Liability and other insurance coverage required of vendors and entertainers  2    All documents under this section will be submitted to the Board of Supervisors and Town Council for comments andi final approval prior to the commencement of operations; and 9. Working with the Board of Directors, the Operations Manager will conduct fundraising activities to finance development activities until the market is generating a surplus of funds; drawing on grants from the USDA, VDACS, philanthropies, business sponsorships, and local donations; and 10. The Greene County Director of Economic Development and Tourism will provide day-to-day oversight to the Operations Manager, consistent with the directions of the Board, the bylaws 11. All construction and operations will be conducted in compliance with the County of Greene development, site, and construction review and approval process; regulations of the Greene County Health Department; the Greene County Sheriff's Office; CDBG regulations as defined by the Department of Housing and Community Development; and agreements with other grantors; 12. This Memorandum of Agreement may not be modified or altered in any way except through a writtenamendment signed by the County of Greene and the Town of Stanardsville.  and established procedures;and  and  Approved in open meeting this QH dayo of May  2017.  County of Greene ByDel 2e  Vice Chairman, Greene County Board of Supervisors Approved in open meeting this &H day of May  2017.  Town of Stanardsville  By: BBdowe Gary E. Lowe, Mayor  3    Board of Supervisors May 9, 2017 Attachment "C"  TEMPORARY GROUND LEASEAGREEMENT  THIS GROUND LEASE (this Lease"), is made as ofthe qH day of May 2017, by and between the COUNTY OF GREENE, a political subdivision of the Commonwealth of Virginia (the "County"), as landlord, and the TOWN OF STANARDSVILLE, a political subdivision of the Commonwealth of Virginia (the "Town"), as  tenant. RECITALS:  A. The County owns certain undeveloped real property in the area around the County Administration Building located at 40 Celt Rd, Stanardsville, Virginia, and more particularly B. The County, on March 8, 2016, endorsed the conceptual plans and the siting of a Farmers' Market and Performance Pavilion on an undeveloped portion of the Greene County Administration Building site, as proposed in the Town's 2016 Community Development Block Grant (CDBG) application for a Downtown Revitalization Project to the Virginia Department of C. The Town and DHCD have entered into that certain Community Development Block Grant Agreement (Grant #CIG 16-19) dated Apd14, 2017, as amended (the "Grant Agreement"), providing for a grant to be made by DHCD to the Town to provide financial assistance in the development ofa a portion oft the Property more particularly described in Exhibit B, attached hereto, into a Farmers' Market and Performance Pavilion (the Premises") to serve D. The Grant Agreement requires the Town to control the Property during the construction of the Farmers' Market and Performance Pavilion and to manage the construction oft the Premises. E. The County and the Town desire to enter into a ground lease for the Property on the terms set  described in Exhibit A, attached hereto, (hereinafter the "Property").  Housing and Community Development (DHCD).  the needs of certain individuals as outlined in the Grant Agreement.  forth herein to satisfy those conditions ofthe Grant Agreement.  AGREEMENT  NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are herebyacknowledge4, and intending to be legally bound, the parties hereto agree as follows: 1.1. "Completion of Construction" shall mean completion of the construction of phase one of the Farmers' Market and Performance Pavilion pursuant to the terms of the Grant Agreement, the issuance of a final certificate of occupancy, and certification by DHCD that the obligations imposed on the' Town by the Grant Agreement requiring the Town to control the Property during  1.1 DEFINITIONS    Construction (as hereinafter defined) and to oversee and manage the Construction have been 1.2. "Construction" shall mean all construction of phase one of the Premises, including any walkways, landscaping, fencing or other amenities on the Property, in accordance with the Grant 1.3. "Governing Documents" means this Lease, the Grant Agreement, and the Memorandum of 1.4. "Grant Agreement" shall have the meaning as set forth in Recital C, above. 1.5"Premises" shall have the meaning set forth in Recital C, above. 1.6. "Property" shall have the meaning set forth in Recital A, above. 1.6. "Term" shall have the meaning set forth in Section 2.3 hereof. 1.7 "Termination Date" shall have the meaning set forth in Section 2.4 hereof.  satisfied. Agreement. Agreement.  2.1 PROPERTY AND TERM  2.1. Property. The County hereby leases and demises to the Town and the Town hereby leases from the County the Property along with any and all rights, alleys, ways, waters, privileges, appurtenances and advantages belonging to the Property or in any way appertaining to the Property, subject to and with the benefit of the terms, covenants, conditions and provisions of 2.2. Condition ofProperty. The Property is demised and let to the Town subject to: a) All zoning regulations, restrictions, rules, laws and ordinances now in effect or hereafter  this Lease.  adopted by any governmental authority; b) The Governing Documents; and c) All matters of record as oft the date hereof.  2.3. Term. This Agreement provides for the temporary leasing of the Property during the period ofc construction of the Premises, as provided in the Grant Agreement. The lease term will begin May,9,2017 and continue until completion of construction, pursuant to the terms of the Grant Agreement and certification by DHCD that the obligations imposed on the Town by the Grant Agreement requiring the Town to control the Property during construction and to oversee and 2.4 Termination Date. This Agreement shall terminate upon completion of construction or on  manage the construction have been satisfied.  the ending date ofthe Grant Agreement, whichever comes first.  3.CONSTRUCTION.  3.1. The Town shall perform all construction activities on the Property in compliance with all applicable laws, ordinances, codes and regulations affecting the Property or its uses, including the normal County of Greene development, site and construction review and approval process. 3.2. The County shall reasonably cooperate with the Town and assist the Town in obtaining all required licenses, permits and governmental authorizations required or desirable for the construction of the Premises, and shall sign all papers and documents at any time needed in 4. INSURANCE. Throughout the term of construction, the Town shall maintain the following  connection therewith. insurance coverage:  2    4.1. Insurance against loss or liability in connection with bodily injury, death or property damage or destruction, occurring on the Property or the Improvements or arising out of the use thereofby the' Town or its agents, contractors, employees, officers, invitees, visitors and guests; 4.2. Property insurance coverage against risks of physical loss of or damage to the Property and 4.4. Requirements of Insurance. Insurance maintained by the Town pursuant to Section 6.1 of 4.4.1. Be in such amounts and extents of coverage as the Town may determine, subject to the approval of the County in its reasonable discretion, which approval shall not be unreasonably 4.4.2. Be obtained from insurance companies authorized to do business in the Commonwealth of 4.4.3. Be written to become effective at the time the Town becomes subject to the risk or hazard covered thereby, and shall be continued in full force and effect for such period as the Town is 4.4.4. Cover the County, its officials, officers, directors, contractors, agents and employees as 4.5. Notice. Upon the reasonable written request of the County, the Town shall deliver certificates of insurance evidencing the existence of all required insurance coverage and, ifs so  the Premises; and this Lease shall:  4.3. Worker's compensation insurance as required by law.  withheld, conditioned or delayed;  Virginia;  subject to such risk or hazard;  additional insured with respect tol liability arising out oft the Premises; and requested, complete copies of all original policies and endorsements.  5.1 INDEMNITIES.  5.1. Town Indemnities. The Town covenants and agrees to indemnify the County, and hold the County harmless from any and all liabilities, losses, claims, demands, fees and expenses of any kind or any nature whatsoever (including, without limitation, remediation costs, environmental assessment costs, governmental compliance costs, and reasonable experts' and attorneys' fees and expenses), known or unknown, foreseen or unforeseen, which may at any time be imposed 5.1.1. Any accident, injury or damage whatsoever occurring in, at, upon the Property or the 5.1.3. Breach byt the Town, its employees, contractors, agents, tenants, or invitees of any of them, of any environmental restriction, statute, law, ordinance or regulation, including without limitation restrictions, statutes, laws, ordinances or regulations relating to the presence, release or threat of release of oil or hazardous substances in each case affecting the Property or the Premises or any part thereof or the ownership, occupancy or use thereofduring the Term. 5.2. Scope of Indemnity. Any covenant or agreement to indemnify or defend the County or to hold the County harmless shall also serve to indemnify, defend or hold harmless any employees, agents, contractors, officers, directors, and any successors thereof, oft the County. Any obligation to indemnify, defend or hold harmless pursuant to this Section shall bind the successors and  upon, incurred by, or asserted or awarded against the County arising from: 5.1.2. Breach byt the Town of any agreement or condition of this Lease; or  Premises;  assigns of such party.  3    6. DHCD PROVISIONS  6.1.1 Use of Property. The Town shall throughout the Term continuously use the Property only for the following uses, and such other uses as are reasonably and customarily attendant to such uses: construction and development ofthe Premises in accordance with the Governing Documents. 6.1.1. Covenants. The Premises are subjected to, and benefited by, the terms and conditions of the Governing Documents. The provisions oft the Governing Documents are intended to create a covenant running with the land and, subject to the terms and benefits of the Governing Documents, to encumber and benefit the Premises for the entire Term of this lease until terminated in accordance with the Governing Documents. The Governing Documents shall be binding upon the County and the' Town and each oftheir respective successors and assigns. 6.2. Access. The Town agrees to grant a right of access to the County, DHCD, or any of their authorized representatives, with respect to any books, documents, papers, or other records related tot the Governing Documents in order to make audits, examinations, excerpts, and transcripts. 7.MODIFICATION. The Parties hereby agree that this document contains the entire agreement between the Parties and this Agreement may not be modified, changed, altered, or amended in any way except through a written amendment signed by all oft the Parties hereto. IN WITNESS WHEREOF, the parties have executed this Lease as of the date first written above. County of Greene, ,aj political subdivision oft the Commonwealth of Virginia  Byp& du Name: Dale Hepainy Title: Vita Chscnh  Town ofStamardwille,pilmial. subdivision oft the Commonwealth ofVirginia  By:_  Haye Sove  Name: Gmgy ( Title:  lane  Mayar  4    Exhibit A  Property Description  The subject property is the undeveloped portion oft the Greene County Administration Building property, identified as Tax Parcel 37-A-15, bounded on the north by Main Street (Rte. 33), on the east by Celt Road (Rte. 622), on the west by the creek, and on the south Access to the property for construction activities will be via the parking lot, with work areas for equipment and other construction materials located at the northern end ofthe  by the parking lot and the County Administration building.  parking lot.    EXHIBIT B  Premises Desription  The proposed Farmers Market & Performance Pavilion is a multipurpose facility with multiple component activity centers that are intended to flex based on the event being held. The Grant Agreement provides funds for Phase I construction ofthat facility to include the performance stage, large pavilion, concert lawn, a trail to the schools, and an Below is a concept design oft the market developed for the Town's grant application, with  access driveway.  that portion subject to Phase Iconstruction shown by the dotted line.    EXHIBIT B  Premises Desription  The proposed Farmers Market & Performance Pavlionisamulapupose facility with multiple component activity centers that are intended to flex based on the event being held. The Grant Agreement provides funds for Phase Iconstruction of that include the performance stage, large pavilion, concert lawn, a trail to the schools, facility and to an Below is a concept design of the market developed for the Town's grant application, with  access driveway.  that portion subject to PhaseIconstruction shown by the dotted line.  AA  D