PRESENT: Mr. Kenneth C. Boyd, Ms. Jane D. Dittmar, Ms. Ann Mallek, Ms. Diantha H. McKeel, Ms. Liz A. Palmer and Mr. Brad L. Sheffield.

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1 (Page 1) A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on March 4, 2015, at 1:00 p.m., Lane Auditorium, County Office Building, McIntire Road, Charlottesville, Virginia. PRESENT: Mr. Kenneth C. Boyd, Ms. Jane D. Dittmar, Ms. Ann Mallek, Ms. Diantha H. McKeel, Ms. Liz A. Palmer and Mr. Brad L. Sheffield. ABSENT: None. OFFICERS PRESENT: County Executive, Thomas C. Foley, County Attorney, Larry W. Davis, Clerk, Ella W. Jordan, and Senior Deputy Clerk, Travis O. Morris. Agenda Item No. 1. The meeting was called to order at 1:02 p.m. by the Chair, Ms. Dittmar. Agenda Item No. 2. Pledge of Allegiance. Agenda Item No. 3. Moment of Silence. Agenda Item No. 4. Adoption of Final Agenda. Ms. Palmer moved to adopt the agenda as presented. Ms. McKeel seconded the motion. Roll was called and the motion passed by the following recorded vote: AYES: Ms. Mallek, Ms. McKeel, Ms. Palmer, Mr. Sheffield, Mr. Boyd and Ms. Dittmar. NAYS: None. Agenda Item No. 5. Brief Announcements by Board Members. Ms. Mallek announced that on March 6 and the two subsequent weekends, household hazardous waste collection will occur, on Saturdays from 2-6 p.m., with those days including paints and other toxic materials; on March 14, furniture and mattresses will be collected; appliances will be gathered March 21; and tires will be collected on March 28. Ms. Dittmar stated that the Town of Scottsville will hold a reenactment and commemoration of the 150 th year since General Sheridan blew up the canal and the railroad, and Union soldier reenactors from West Virginia as well as Confederate reenactors are expected. Ms. Dittmar said she had attended the Habitat for Humanity release of their economic impact study, which has been contracted with the Weldon Cooper Center. It was a very impressive report on the impact to local jobs, investment in the community, and general quality of living. She noted that the report is available on Habitat s website. Agenda Item No. 6. Proclamations and Recognitions. a. THE BIG READ 2015: The Namesake by Jhumpa Lahiri. Ms. Dittmar reported that she had attended the commencement of The Big Read, an annual month-long celebration held in March, where one book is selected for the entire community to read this year s selection was The Namesake. She then read the following proclamation for the Board s consideration: Proclamation THE BIG READ 2015: The Namesake By Jhumpa Lahiri WHEREAS, THE BIG READ is designed to restore reading to the center of American culture and provides our citizens with the opportunity to read and discuss a single book within our community; and WHEREAS, the Jefferson-Madison Regional Library invites all book lovers to participate in THE BIG READ that will be held throughout March The Library's goal is to encourage all residents of Central Virginia to read and discuss THE NAMESAKE by Jhumpa Lahiri; and WHEREAS, the novel follows the Ganguli family from their traditional life in Calcutta through their fraught transformation into Americans; and WHEREAS, THE BIG READ is an initiative of the National Endowment for the Arts in partnership with Arts Midwest; and is supported by the Art and Jane Hess Fund of the Library Endowment; NOW, THEREFORE, BE IT RESOLVED, that I, Jane D. Dittmar, Chair of the Board of Supervisors of Albemarle County, proclaim THE BIG READ during March 2015 and encourage all residents to read THE NAMESAKE during this time.

2 (Page 2) Ms. Mallek moved to adopt the proclamation as read. Ms. McKeel seconded the motion. Roll was called and the motion passed by the following recorded vote: AYES: Ms. Mallek, Ms. McKeel, Ms. Palmer, Mr. Sheffield, Mr. Boyd and Ms. Dittmar. NAYS: None. Ms. Abbey Harris of the Jefferson-Madison Regional Library came before the Board and accepted the recognition. b. Blake Abplanalp for County Coat Drive. Ms. McKeel read a recognition for Albemarle County s coat program, led by Blake Abplanalp, whereby people can donate new or used clothing to the County and provide warm clothes for those who may not have them. She stated that the program is in its second year, and the goal this year was 500 coats with 709 coats actually received, along with 155 sweatshirts and sweaters and more than 300 other pieces of clothing. Ms. McKeel said the group made deliveries to Hinton Avenue Church clothing closet, the Earlysville Exchange, Goodwill, Albemarle High, Monticello High, Greer Elementary, Clark Elementary, and Walton Middle schools, for families within those schools. She stated this effort motivated Albemarle and Monticello High School staffs to start their own clothing closets to help families within their schools communities. Therefore, combined with last year s efforts, Albemarle County employees have donated 1,110 coats to help neighbors in the County stay warm. Ms. McKeel asked Mr. Abplanalp to introduce the coat captains of this effort. Mr. Blake Abplanalp stated that he appreciated the recognition, and the credit went to the County employees both local government and schools who contributed to the coat drive. He said the first volunteer coat captain was Sgt. Steven Wilkins of Albemarle County Police, and Gretchen Craybill also served as a captain. Mr. Abplanalp noted that there were many helpful employees from County schools as well. Agenda Item No. 7. From the Public: Matters Not Listed for Public Hearing on the Agenda. Ms. Susan Kruse, of the Legal Aid Justice Center, said that the Center recently learned that its Just Children program was recommended for zero funding, and the County s initial review proposes cuts to the Center s health and civil program. Ms. Kruse stated the total of the proposed cuts to Legal Aid is more than $11,000, and she was before them to request that the County not reduce funding for the Center. She said they provide unique and invaluable services to Albemarle residents, helping them defend their legal rights and strengthen civic participation on a range of issues critical to residents lives. Ms. Kruse stated they help families overcome legal crises and help courts and other service organizations to function better. She said the recommended funding for Legal Aid was dramatically cut, but their program has remained the same over several years, and they believe their poor grade could be attributed to changes in the ABRT process this year specifically, having different people review each program s proposal and not doing site visits. Ms. Kruse said in retrospect, Legal Aid should have provided additional information to ensure that each program would be as well reviewed as their unified proposal had been in the past. She stated there is a meeting scheduled with County staff to discuss their scores more in detail, but she also wants to point out that the center submitted an amended work plan after last year s proposals were not funded at the fully requested level. It appeared that the proposal was judged on their prior goals, not the amended ones, even though they met the vast majority of goals in the amended work plan and exceeded them in some categories. She said in the few areas where they came in short, it was because they shifted resources to more impactful services. Ms. Kruse said the civil program, for example, exceeded its goal of providing legal representation by 43%, but the center missed its goal of providing legal advice by 54% - a tactical decision to focus limited resources where they would do the most good rather than to try to hit an arbitrary goal. She stated that it would have been imprudent to turn away meritorious cases for representation in order to give more people advice (for example, failing to prevent an unnecessary eviction in order to advise a resident on how to document a request for a needed repair). Ms. Kruse said that Legal Aid Justice Center s clients and County residents should not be punished when they exercise good judgment, and she hopes they will ensure that vital services to residents remained unharmed. Ms. Bertha Durbin addressed the Board, stating that she is a 37-year resident of Albemarle County and wants to speak about the fire prevention code fee schedule. She explained that for years, her family has been putting on a fireworks display at their farm in the County. They have tried during those years to be in compliance with rules and regulations, but it is becoming increasingly difficult, as there is not one source for all of the regulations in terms of applying and putting on a display. Ms. Durbin said she would like to see a list of all the rules and regulations so that people know up front when they apply for a permit that they can be in compliance. She stated, by having such a document with the rules and regulations included, it would cut down on the applications filed that are not in compliance, and cut administrative costs in a lot of ways. Ms. Durbin offered to serve on any committee formed to do research and put together such a document, in conjunction with the Fire Marshal. Mr. Michael Durbin addressed the Board, stating that he puts on the show at his parents farm in Free Union, although he is a City resident, and expressed his opposition to the proposed 700% increase in the fireworks permit fee. Mr. Durbin said that the fee and its associated process applies to a huge

3 (Page 3) variety of so-called displays, with no accounting for scale or risk, public or private status, profit or nonprofit, and even if there is no audience. He stated that the proposal is written to treat the smallest backyard show the same as it treats the largest municipal shows. Mr. Durbin said the proposed fee seems excessive to him, as it is four times higher than the most expensive locality s fee, and even exceeds the most expensive places such as Fairfax County by a significant margin. He stated that the City of Charlottesville charges nothing for the permits, and Rockingham County charges $160. Mr. Durbin said whenever he asked why Albemarle should have such a uniquely expensive fireworks display permit fee, the reference is always to a well-publicized dispute between neighbors in the Greenwood area. He stated if someone is not complying with the state fire code, they can probably be stopped for less than $600. If no laws are being broken, then hiking up the fee as a punitive measure seems inappropriate. He stated it is likely to be ineffective since those people can probably afford that fee, and may result in significant collateral damage. Mr. Durbin stated they can all agree that the community s safety should guide the actions of the Board and the Fire Marshal s office. As such, it would seem important to have a process and a fee that is proportionate and encourages willing participation. He said he has a great number of suggestions to decrease the costs associated with administering fireworks display permits, while ensuring or encouraging greater safety in the operation of the displays, and he has shared some of these in s as well as in public forum. Mr. Durbin asked the Board to remove or postpone that particular increase from the proposed fee schedule, until some of the concerns he has raised have been addressed. Mr. Jeff Werner addressed the Board, presenting photos of the Rio Road and Fashion Square area that shows erroneous before and after images that are being circulated by opponents of the Route 29 Solutions and Rio Interchange Project. Mr. Werner said the Board is doing the right thing by investing money in transportation improvements in the corridor, and the most important thing for the County to do to assist the community and businesses is to help get information out, coordinate with VDOT, let people know about delays and detours, and inform people of accesses to businesses. He stated that the communication in this process is critical, but it is another matter for the County to get involved with businesses on marketing and financial planning. Mr. Neil Williamson, of the Free Enterprise Forum, said that he did not mean to spread misinformation with the photos he is circulating. He stated that it is important for the County to consider what they want to do to help businesses survive and thrive. Mr. Williamson said that when you are drowning, you appreciate being thrown a flotation device or a rope, and emphasized that this is not a mess of the businesses making. He stated that one item that was not as strongly noted in the businesses assistance documents was the summary addressing regulatory relief. He commended staff for coming forward with the signs proposal, and feels it is timely as it is critical to take care of those businesses. Mr. Williamson said this is an opportunity for the County to shape what the community looks like, and he referred to grants available for facades to make buildings look better. He stated that one of the things that staff is seeking from the Board is direction as to what they are willing to do to help preserve businesses. Mr. Williamson said that he was at the ARB meeting on Monday, and significant challenges are coming forward with the CVS, and regulatory relief could provide some opportunity to make that work better. He stated that the question still remains as to whether the Rio ramp is an Entrance Corridor. There were no further public comments, so the Chair closed the matters from the public portion of the meeting. Agenda Item No. 8. Consent Agenda. (Discussions: Regarding Item 8.1, Ms. Palmer said that she needed to pull all her assigned minutes except for March. Mr. Sheffield stated that he had read his assigned minutes. Ms. McKeel stated that she is approving her October 30 minutes and pulling her July 2 minutes. Ms. Mallek said that she is pulling her October 29 and September 3 meetings. Mr. Boyd said that he needs to pull his minutes. Ms. Dittmar said that she needs to pull all of her minutes. Regarding Item 8.3, Ms. Palmer said she does not want to pull this item from the agenda, but she wants to say a few words about it. She stated that the Hedgerow land is 350 acres, about a mile from the UVA campus at the I-64/Route 29 intersection south of town, and it abuts 900 acres owned by the City, which houses the new Ragged Mountain Reservoir. Ms. Palmer said when she looked at the County s budget for next year, she did not see anything that would open this park and move it forward with a master plan so she came to the Board and asked them to put in some matching funds. She stated that since that time, she has contacted Parks & Rec Director Bob Crickenberger, and he responded via . Ms. Palmer read from Mr. Crickenberger s The current parks budget includes working with our stakeholders, using a Bioblitz trail master design. Design identification could occur before the park is

4 (Page 4) open, and could begin as early as fall Through this process, the trail master planning can be accomplished at no cost by experienced staff, volunteers, user groups, and preservation and conservation stakeholders. We were very successful with this practice at Byrom and Preddy Creek, collecting more than 1,700 hours of volunteer assistance at Preddy alone. This process allows for the community engagement participation, ownership, stewardship, and by performing this process sooner, the trails can be on the ground, and it does not conflict with the developer or the work zone during the development of facility infrastructure. Ms. Palmer said that she does not need to ask for matching funds now, and after all of the volunteer work is done, she will be asking the Board to put some money in the budget in future years to open up the park. She stated that she has asked Ms. McKeel and Mr. Sheffield as the County s PAC representatives to bring this up there, because the site is close to UVA and has lots of historic ties including connections with Edgar Allan Poe. Ms. Palmer said she has asked Dan Mahon, the County s outdoor recreation supervisor and a great volunteer motivator, and he indicated he would be happy to go to the PAC meeting and do a presentation. Ms. McKeel then moved to approve Items 8.1 (as read) through 8.4 on the Consent Agenda. Ms. Mallek seconded the motion. Roll was called and the motion passed by the following recorded vote: AYES: Ms. Mallek, Ms. McKeel, Ms. Palmer, Mr. Sheffield, Mr. Boyd and Ms. Dittmar. NAYS: None. Item No Approval of Minutes: March 5, April 2, June 4, July 2, July 8, July 9, August 6, August 13, August 26, September 3, September 9, September 10, October 7, October 29, October 30, and December 16, Ms. Palmer had read the minutes of March 5, 2014, pages 93 (begin #23) end, and found them to be in order. Mr. Sheffield had read the minutes of August 6, 2014 and found them to be in order. Ms. McKeel had read the minutes of July 2 and October 30, 2014 and found them to be in order. By the above-recorded vote, the Board approved the minutes as read and carried forward the remaining minutes to the next meeting. Item No FY 2015 Budget Amendment and Appropriations. The executive summary states that Virginia Code provides that any locality may amend its budget to adjust the aggregate amount to be appropriated during the fiscal year as shown in the currently adopted budget; provided, however, any such amendment which exceeds one percent of the total expenditures shown in the currently adopted budget must be accomplished by first publishing a notice of a meeting and holding a public hearing before amending the budget. The Code section applies to all County funds, i.e., General Fund, Capital Funds, E911, School Self-Sustaining, etc. The total increase to the FY 15 budget due to the appropriation itemized is $211, A budget amendment public hearing is not required because the amount of the cumulative appropriations does not exceed one percent of the currently adopted budget. Mission: To enhance the well-being and quality of life for all citizens through the provision of the highest level of public service consistent with the prudent use of public funds. This request involves the approval of nine (9) appropriations as follows: One (1) appropriation (# ) to appropriate $159, for various school division programs and projects; One (1) appropriation (# ) to appropriate $6, from the training pool account to various departments for training and professional development. This appropriation will not increase the total County budget; One (1) appropriation (# ) that transfers $57, from the Family Support Fund to the General Fund, reducing the planned use of General Fund fund balance. The appropriation will not increase the County Budget; One (1) appropriation (# ) to re-appropriate $ from Federal revenue received for a Fire Rescue smoke detector grant; One (1) appropriation (# ) to appropriate $8, in donations to the Department of Fire Rescue; One (1) appropriation (# ) to appropriate $55, from the Reserve for Contingencies to the Department of Fire Rescue for system-wide pager replacements. This appropriation will not increase the total County budget; One (1) appropriation (# ) to appropriate $10, for the State Criminal Alien Assistance Program; One (1) appropriation (# ) to appropriate $210, from the Reserve for Contingencies to Refunds. This appropriation will not increase the total County budget; and

5 (Page 5) One (1) appropriation (# ) to appropriate $33, from State Revenue received for a Department of Conservation and Recreation grant. Staff recommends approval of appropriations # , # , # , # , # , # # , # , and # for general government and school division programs and projects as described in Attachment A. ***** Appropriation # $159, Source: Local Non-Tax Revenue $ 18, State Revenue $ 120, Shannon Grant Fund Balance $ 21, This request is to appropriate the School Division appropriation request approved by the School Board on January 8, 2015: National Board Certification This request is to appropriate $120, in State funding for National Board Certification. National Board Certification is an extensive year-long assessment of actual teaching practice based upon high and rigorous standards established by the National Board for Professional Teaching Standards. This funding will provide stipends to 35 teachers who have completed the process and are eligible for the stipend award. Club Yancey Program This request is to appropriate $6, in tuition, fundraisers, and donations to cover operating expenses of the Club Yancey Program. This request is to appropriate the School Division appropriation request approved by the School Board on January 22, 2015: Shannon Foundation for Excellence This request is to appropriate $7, in Shannon Grant funding and to re-appropriate $21, in remaining Shannon Grant fund balance from FY 14. The mission of the Shannon Foundation for Excellence in Public Education is to award teachers of all grade levels and subject areas with funds to support individual projects through an annual grant process in support of the Division s strategic plan. Contributions This request is to appropriate $4, in funding from the Thomas Jefferson Foundation, Inc. for field trips to Monticello. Appropriation # $0.00 This appropriation will not increase the County budget. Source: Training Pool $ 6, This request is to appropriate $6, from the Training Pool to various departments for approved training opportunities and professional development. The current budgeted amount in the training pool is $26, After this appropriation, $19, will remain in the Training Pool. Appropriation # $0.00 The appropriation will not increase the County Budget. Source: Family Support Fund Fund Balance $ 57, General Fund Fund Balance $ (57,564.94) This request is to appropriate and transfer $57, from the fund balance in the Family Support Fund. The Family Support Program provides prevention and intervention services that support children s growth and development, strengthens families, and promotes school success through home, school, and community collaboration. The Fund was initially set up as a separate Fund, but is no longer required to be separated, as the Program is now budgeted in the General Fund. This will reduce the planned use of General Fund fund balance in FY15 by the same amount. Appropriation # $ Source: Federal Revenue $ This request is to re-appropriate $ from the FY14 Fire Rescue smoke detector grant to fund eligible expenses in FY 15. Appropriation # $8, Source: Donations $ 4, Donations Fund fund balance $ 3, This request is to appropriate $8, from the Fire Rescue Donations Fund to the Department of Fire Rescue. These donations support various efforts, including the car safety seat program, public education and one-time equipment or station furnishing purchases.

6 (Page 6) Appropriation # $0.00 The appropriation will not increase the County Budget. Source: Reserve for Contingencies $ 55, This request is to appropriate $55, from the Reserve for Contingencies to the Department of Fire Rescue for fire rescue system-wide pager replacements. In 2010, the region replaced the fire rescue paging system, including the pagers carried by personnel to be notified of an emergency incident. Those pagers, now well outside the warranty period, have experienced problems that the original vendor has been unable to correct, and volunteer stations have reported inoperable pagers and members not receiving alerts reliably. A new vendor has been identified and, based on testing, the requested replacement pagers have proven to be reliable. Appropriation # $10, Source: Federal Revenue $ 10, This request is to appropriate a $10, reimbursement from the State Criminal Alien Assistance Program (SCAAP). SCAAP reimburses localities for compensation expenses incurred for correctional officers who supervise aliens in local and regional jail facilities. Program revenues received from the State are appropriated from the locality s General Fund to the correctional facility (Albemarle Charlottesville Regional Jail) to reimburse the jail for qualifying expenses incurred. Appropriation # $0.00 The appropriation will not increase the County Budget. Source: Reserve for Contingencies $ 210, This request is to appropriate $210, from the Reserve for Contingencies to Refunds for tax overpayment refunds based on anticipated expenditures in FY15. Appropriation # $33, Source: State Revenue $ 33, Borrowed Proceeds $ -70, Water Resources Tax Revenue $ 70, This request is to appropriate $33, in State revenue from a Department of Conservation and Recreation (DCR) grant and $70, in Water Resources Dedicated Real Estate Tax Revenue for a total appropriation of $103, to perform dam break analyses and flood inundation mapping for three of the County s dams. This appropriation will also reduce the Hollymead Dam Spillway Improvement project by $70, and the equivalent in borrowed proceeds for a total net increase to the County budget of $33, The engineering cost for the Hollymead Dam Spillway Improvement project is less than originally estimated. By the above-recorded vote, the Board approved Appropriations # , # , # , # , # , # # , # , and # for general government and school division programs and projects as set out : COUNTY OF ALBEMARLE APPROPRIATION SUMMARY APP# ACCOUNT AMOUNT DESCRIPTION SA National Board Certification Bonuses SA Contributions SA National Certification Elementary SA Natl. Cert. FICA Elementary SA National Certification Middle SA Natl. Cert. FICA Middle SA National Certification High SA Natl. Cert. FICA High SA PT Bus Driver SA FICA SA Field Trip Mileage SA Club Yancey-Donations SA Club Yancey-Tuition SA Salaries-Other Management SA FICA SA VRS SA Health Insurance SA Dental Insurance SA VRS Group Life SA Shannon Grant Fund Balance SA Shannon Grant SA Ed & Rec Supplies SA Training Pool Distribution SA Training Pool Distribution SA rd Qtr Distribution SA App fund balance SA Transfer from Family Support Fund # SA App fund balance SA Transfer to General Fund SA Reappropriation of fund balance

7 (Page 7) SA FEMA Training Grant balance SA Trs. From Contribution Fund SA Car Seat Program SA hazmat & safety items SA Burn Law Brochures SA Public Education Supplies SA Promotions/awards ceremony SA Donations-Fire Rescue SA App Fund Balance SA Trs to General Fund SA R&M-RADIO EQUIP - pager replacement SA Reserve for Contingencies SA DOJ - SCAAP Funds SA SCAAP SA Refunds SA Reserve for Contingencies SA State-Dam Safety Grant SA Water Resources Rev To Dam Break Study SA Borrowed Proceeds for Hollymead Dam Spillway SA Hollymead Dam Spillway to Dam Break Study SA Dam Break Study SA Water Resources Rev to CIP Dam Break Study SA Water Resources Rev to CIP Dam Break Study TOTAL 553, Item No Hedgerow Property Acquisition. The executive summary states that the Hedgerow Property (See Attachment A) is a 340-acre tract located on the west side of US Route 29 near Interstate 64. It is adjacent to the 980- acre Ragged Mountain Natural Area, a natural area owned by the City of Charlottesville that buffers the Ragged Mountain Reservoir, one of six drinking water impoundments in Albemarle County. The Hedgerow Corporation conveyed the property to The Nature Conservancy by deed of gift dated December 29, It had always been the wishes of the prior owners that the property be gifted to the County for a park to be used by the general public for outdoor recreation. The Nature Conservancy has agreed to convey this Property to the County subject to the terms of the Deed of Gift and Conservation Easement (Attachment B). The Conservation Easement allows for the necessary infrastructure and site furnishings such as hiking, running and biking trails, an access road, a parking area, a kiosk/information center, small shelters, an accessory building, and restrooms. Access to the property would be directly off of US Route 29. The Virginia Department of Transportation has determined the existing entrance and necessary site distance is in compliance with its Commercial Entrance Standards. The Hedgerow Property is proposed to be designed and developed as a multi-use trail park and will provide a variety of recreational opportunities. The park will be kept in its predominantly natural forest state to protect habitat and water quality, preserving the scenic and open-space resources adjacent to the Ragged Mountain Reservoir property. Access through Hedgerow will allow direct access to the unused portion of the Ragged Mountain Reservoir property, and the addition of trails on the Hedgerow property to the currently unused portion of the Ragged Mountain property will compensate for land and trails flooded during the elevation change of the Ragged Mountain Reservoir dam. Once completed, it is envisioned that both properties will operate as one park through close coordination between the City and County Parks and Recreation Departments. Parks and Recreation staff has recognized a keen interest of many area preservation and conservation stakeholders to assist in natural resource identification and preservation, as well as management and maintenance support of the property. These stakeholders will also serve as an advisory group during the master planning process. No funding is currently programmed or available to make any of the proposed park improvements. Parks and Recreation requested that funding be provided in FY 17, at an estimated development cost of $450,000, including design/master planning and PM fees. However, funding for this project is not recommended in any year of the proposed CIP. Once opened, the park is estimated to have an annual operating cost of $65,000, including annual personnel and maintenance costs. Until then, no immediate budget impact is expected for this park. Unlike the earlier Byrom and Arrowhead parks, the Hedgerow property is basically undeveloped, with no network of existing/established trails and roads to maintain. Until the property is improved and opened as a public park, a large group of enthusiastic stakeholders will assist staff in identifying/inventorying its nature resources, trail locations/routes and points of interest. Therefore, staff does not anticipate any significant budget impacts, such as those identified for Byrom and Arrowhead properties, until the Hedgerow property is improved and opened to the public. Staff recommends that the Board adopt the attached Resolution (Attachment C) to approve the County s acquisition of the property and to authorize the County Executive to sign all documents necessary for this conveyance once (a) these documents have been approved as to form and substance by the County Attorney and (b) the use of the property as a public park has been determined to be consistent with the Comprehensive Plan.

8 (Page 8) By the above-recorded vote, the Board adopted the following resolution to approve the County s acquisition of the property and authorized the County Executive to sign all documents necessary for this conveyance once (a) these documents have been approved as to form and substance by the County Attorney and (b) the use of the property as a public park has been determined to be consistent with the Comprehensive Plan. RESOLUTION TO AUTHORIZE ACQUISITION OF HEDGEROW PROPERTY LOCATED ADJACENT TO THE RAGGED MOUNTAIN NATURAL AREA (TMPs 75-2C, 75-2C1, 75-2D, 75-11, 75-46, 75-47, and 75-64) WHEREAS, the County of Albemarle desires to accept certain properties within the County by gift from The Nature Conservancy for the purpose of providing a public park. NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby approves the acceptance of the property located on Tax Map Parcels 75-2C, 75-2C1, 75-2D, 75-11, 75-46, 75-47, and in the County subject to a finding that the property s proposed use as a public park is consistent with the Comprehensive Plan and further authorizes the County Executive to execute all necessary documents in a form approved by the County Attorney that are necessary for completing the acquisition of the property. ***** This document was prepared by: George W. Barlow, III, Division Attorney VSB #29008 The Nature Conservancy 490 Westfield Road Charlottesville, Virginia Tax Map Parcel: 75-2C, 2C1, 2D, 11, 46, 47, 64 Title Insurer: DEED OF GIFT AND CONSERVATION EASEMENT This DEED OF GIFT AND CONSERVATION EASEMENT, exempt from all recordation taxes pursuant to Virginia Code (A)(3), (D) and (F), and from the payment of Clerk s fee pursuant to Virginia Code , is made on this day of February, 2015, by and between THE NATURE CONSERVANCY, a District of Columbia non-profit corporation, ( Conservancy ), index as grantor and grantee, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, with an address of 401 McIntire Road, Charlottesville, Virginia ( Grantee ), index as grantor and grantee. W I T N E S S E T H: Conservancy owns all those certain tracts or parcels of land, together with the improvements thereon and all rights, privileges, appurtenances, easements and rights of way thereunto belonging or in anywise appertaining, situate in the Samuel Miller Magisterial District of Albemarle County, Virginia, more particularly described on Exhibit A attached hereto and incorporated herein by reference (the Property ). The Property is a natural habitat of fish, wildlife, plants and ecological communities. The specific conservation values of the Property are set forth in a Conservation Easement Baseline Documentation Report (the Baseline Report ) of even date herewith, prepared by the Conservancy and signed and acknowledged by the Grantee. Conservancy and Grantee have the common desire and purpose to protect the conservation values of the Property described in the Baseline Report and wish to create a conservation easement in favor of Conservancy. The Commonwealth of Virginia has authorized the creation of conservation easements pursuant to the Virginia Conservation Easement Act, Virginia Code et seq. (the Act ), and the Conservancy and Grantee wish to avail themselves of the provisions of the Act. The conservation values of the Property are further described : A. Conservancy and Grantee have the common purpose of conserving in perpetuity the Property s conservation values as natural habitat in the public interest. B. As required under (E) of the Act, the use of the Property for open space land conforms to the County of Albemarle Comprehensive Plan (the Comprehensive Plan ), as more particularly set forth in this Paragraph. The Open Space Resources section of the Comprehensive Plan identifies as its primary goal the protection of the County s natural, scenic, and historic resources in the Rural Area and Development Areas (p. 7). The Rural Areas Plan of the Albemarle County Comprehensive Plan adopted on March 2, 2005, states in its Introduction that: Agricultural and forestal resources have been identified as the most critical County resources and the desired primary land use in the Rural Areas. Such uses play an important and long-standing role in the environment, heritage, and economy of the County. Loss of these resources to development is irreversible and irreplaceable. Stewardship of these resources also provides an opportunity to conserve and efficiently use other resources such as: (1) water resources (with use of property conservation techniques); (2) natural, scenic, and historic resources with the maintenance of pasture land, farmland, and forested areas; and (3) fiscal resources by limiting development and lessening the need to provide public services to wide areas of the County ; and

9 (Page 9) The Rural Areas Plan in its section titled Guiding Principles for the Rural Areas states the following defining principles : i) Agriculture - Protect Albemarle County s agricultural lands as a resource base for its agricultural industries and for related benefits they contribute towards the County s rural character, scenic quality, natural environment, and fiscal health. ii) Forestry resources - Protect Albemarle County s forests as a resource base for its forestry industries and watershed protection. iii) Land Preservation - Permanently preserve and protect Albemarle County s rural land as an essential and finite resource through public ownership or through conservation easements. iv) Land Conservation - Protect Albemarle County s rural land through planned management of open spaces to prevent exploitation, destruction, or neglect. v) Water supply resources - Protect the quality and supply of surface water and groundwater resources. vi) Natural resources - Preserve and manage the Rural Areas natural resources in order to protect the environment and conserve resources for future use. vii) Scenic resources - Preserve the County s rural scenic resources as being essential to the County s character, economic vitality, and quality of life. viii) Historical, archeological and cultural resources - Protect the Rural Areas historic, archeological and cultural resources. The Rural Areas Plan further notes in its section titled Land Preservation or Voluntary Land Conservation that: Some landowners are willing to donate easements that protect important resources by eliminating development potential. The Virginia Outdoors Foundation and other organizations hold such easements. C. This Conservation Easement protects the Rivanna River and the Chesapeake Bay by, among other things, restricting development, construction, and timbering activities on the Property, thus preventing excessive degradation of aquatic habitat. In particular, this Conservation Easement protects the habitat for aquatic species by (i) prohibiting timbering, thus protecting riparian forest buffers along tributaries to Moore s Creek, which buffer and traps sediments, filter run-off, prevent streambank erosion, and generally protect and enhance water quality, and (ii) preventing certain development and uses of the Property, such as the creation of excessive impervious surfaces on the Property, that would increase runoff and pollution and materially impair the habitat for aquatic species in the Rivanna River and the Chesapeake Bay. D. The Property is adjacent to the 980-acre Ragged Mountain Natural Area, a natural area owned by the City of Charlottesville to buffer the Ragged Mountain Reservoir, one of Albemarle County s six surface drinking water impoundments. Ragged Mountain Natural Area is open to the general public for hiking, fishing, and observing wildlife. The Conservation Easement will protect scenic and openspace resources adjacent to Ragged Mountain Natural Area, and will allow for recreational uses of the Property in the form of hiking trails open to the public. E. The Property was conveyed to the Conservancy by deed of gift dated December 29, 2006 of record in the Clerk s Office of the Circuit Court of Albemarle County, Virginia in Deed Book 3346, Page 488 (the Deed of Gift ), for the purpose of substantial and regular use by the general public for outdoor recreation, including but not limited to the intended us of hiking trails, and consistent with that purpose shall be kept in its predominantly natural, forested state to protect habitat and water quality. This conveyance of the Property is subject to the terms of the Deed of Gift, including the reservation of a qualified mineral interest therein. F. The characteristics and condition of the Property as of the date of this Conservation Easement, the Property s current uses, and the current state of improvements on the Property are described in the Report. Grantor and Conservancy hereby acknowledge that the Report is a complete and accurate representation of the Property as of the date of this Conservation Easement. The Report will be used by Conservancy and Grantee to assure that any future changes in the use of the Property will be consistent with the terms of this Conservation Easement. However, the Report is not intended to preclude the use of other evidence to establish the present condition of the Property if there is a controversy over its use. NOW, THEREFORE, Conservancy does hereby grant and convey unto Grantee the Property with special warranty of title, subject to easements, restrictions and reservations of record, including without limitation the hereinafter described conservation easement (the Conservation Easement ) reserved and retained in perpetuity by Conservancy. FURTHERMORE, for and in consideration of the foregoing recitals incorporated herein and made a part hereof and in consideration of the mutual covenants herein and their acceptance by Conservancy, Grantee does hereby grant and convey to Conservancy the Conservation Easement in gross over, and the right in perpetuity to restrict the use of, the Property of the nature and character as follows: 1. PURPOSE. The purpose of this Conservation Easement is to ensure that the Property will be retained forever predominantly in its natural and scenic condition; for substantial and regular use by the general public for outdoor recreation; to protect native plants, animals, or plant communities on the Property; to allow the general public access to hiking trails; to prevent any use of the Property that will significantly impair or interfere with the conservation values of the Property described above, while allowing

10 (Page 10) for traditional uses on the Property that are compatible with and not destructive of the conservation values of the Property, such as trail maintenance, trail construction, and hiking. The Grantee may not transfer or convey the Property to any other party unless the Grantee conditions such transfer or conveyance on the requirements that (a) all restrictions and conservation purposes set forth in the Deed of Gift are to be continued in perpetuity, and (b) the transferee is an organization then qualifying as an eligible donee as defined by 170(h)(3) of the Internal Revenue Code of 1986 as amended, and the applicable Treasury Regulations promulgated thereunder (the IRC ). Grantee will not perform, nor knowingly allow others to perform, any act on or affecting the Property that is inconsistent with the purposes of this Conservation Easement. However, unless otherwise specified, nothing in this Conservation Easement shall require the Grantee to take any action to restore the condition of the Property after any act of God or other event over which Grantee had no control. Grantee understands that nothing in this Conservation Easement relieves it of any obligation or restriction on the use of the Property imposed by law. 2. PROPERTY USES. Any activity on or use of the Property inconsistent with the terms and purposes of this Conservation Easement is prohibited. Without limiting the generality of the foregoing, the following is a listing of activities and uses which are expressly prohibited or which are expressly allowed. Additional rights of Grantee are set forth in Paragraph Subdivision. The Property may not be divided, subdivided or partitioned, nor conveyed or pledged for a debt except in its current configuration as an entity. 2.2 Recreational Uses. Grantee shall have the right to engage in and permit others to engage in recreational uses of the Property (such as hiking, biking, and horseback riding) that require no surface alteration or other development of the land other than minor grading for trail construction. All such recreational uses shall be conducted in a manner that does not degrade water quality in the streams on the Property. If such uses are found by the Conservancy to degrade water quality, such use may be prohibited until measures are implemented, as approved by the Conservancy, to alleviate such degradation to water quality. Recreational uses involving motorized transportation are prohibited. Motorized transportation shall be allowed: (a) in designated parking areas, (b) for emergency or maintenance purposes, and (c) as required for compliance with applicable state and federal laws. 2.3 Improvements. There shall be no construction of buildings used for commercial or residential purposes. With written notice to the Conservancy as set forth, Grantee shall have the right to construct the following improvements that are associated with permitted recreational uses described in Paragraph 2.2: (a) entrance road, associated stream crossing, parking lot and trailhead facility, provided that such improvements are constructed in accordance with local, state and federal laws. All routes of travel, stream crossings, walkways, and footbridges beyond the trailhead and within the Property shall be no more than fifteen (15) feet in width. The total square footage of paved surfaces shall not exceed forty-seven thousand (47,000) square feet. (b) public buildings (such as a building for environmental education purposes), sheds, accessory buildings, and lavatory facilities to provide needed services for the permitted uses. Such public buildings, sheds, accessory buildings, and lavatory facilities may not be used as dwelling units. The total square footage of impermeable surfaces created by all public buildings, sheds, accessory buildings, and lavatory facilities is not to exceed ten thousand (10,000) square feet. (c) Conservancy s Consent. Prior to beginning construction of allowed improvements Grantee shall submit site plans to the Conservancy for its review. The plans shall be sufficiently detailed to allow the Conservancy to fully evaluate the construction s conformance to this Conservation Easement. No construction of the improvements may take place until the Conservancy reviews and approves the plans. The plans will be deemed approved unless the Conservancy objects in writing, within thirty (30) days of receipt of complete plans, setting forth with specificity the Conservancy s grounds for objections. Conservancy agrees that if the new construction is consistent with the terms and provisions of this Conservation Easement, Conservancy s approval shall not be unreasonably withheld. (d) Prohibition of Other Construction. No other structures or improvements may be placed or constructed on the Property except as expressly permitted by this Conservation Easement. Furthermore, there shall be no constructing or placing of any airplane landing strip on the Property. (e) Utilities. Grantee may construct or install utility lines, poles, pipelines and conduits necessary to serve the Property s improvements. Unless such utilities are placed on or over the Property under eminent domain proceedings or the threat thereof, Grantor may not consent to the construction or placement of utilities on the Property that serve entities and/or users located off the Property (a communications tower or wind turbine for example) without the prior written consent of the Grantee. Such consent shall only be granted if their construction or placement would not deleteriously impact the conservation values of the Property or would produce a smaller impact than if those utilities were located on an adjoining or nearby property.

11 (Page 11) 2.4 Existing Improvements. Grantee shall have the right to maintain, remodel, and repair existing structures, water tanks, fences, water wells, dams, lakes, ponds, utilities, and other improvements, and in the event of their destruction, to reconstruct any such existing improvement with another of similar size, function, capacity, location and material. 2.5 Mineral Extraction. Extraction of subsurface minerals, oil or gas is prohibited. 2.6 Excavation. Except as necessary to accommodate the activities expressly permitted under this Conservation Easement, there shall be no ditching, draining, diking, filling, excavating, dredging, removal of topsoil, sand, gravel, rock, minerals or other materials, drilling, building of roads, change in the topography of the Property or disturbance in the soil in any manner. 2.7 Destruction of Plants, Disturbance of Natural Habitat. Grantee shall have the right to cut and remove diseased or exotic trees, shrubs, or plants, to salvage diseased or damaged trees in the case of a catastrophic event such as a wildfire or cyclonic storm, and to cut firebreaks. Grantee shall also have the right to cut and remove trees, shrubs or plants to accommodate the activities expressly permitted under this Conservation Easement. There shall be no additional removal, harvesting, destruction or cutting of native trees, shrubs or plants. Unless approved in advance by Conservancy, there shall be no planting of non-native trees, shrubs or plants on the Property. Furthermore, except to accommodate the activities expressly permitted under this Conservation Easement, there shall be no use of fertilizers, plowing, introduction of non-native animals, or disturbance or change in the natural habitat in any manner. 2.8 Hydrology. Except as necessary to accommodate the activities expressly permitted under this Conservation Easement, there shall be no alteration, depletion or extraction of surface water, natural water courses, lakes, ponds, marshes, drainages, subsurface water or any other water bodies on the Property. Creation of new surface water, such as ponds, is prohibited. Development of existing springs into watering sites for horses shall be permitted, provided that the trough, springbox or other basin is constructed in a manner that prevents horses from accessing or standing in the spring, stream or other water source. 2.9 Signage. No signs or billboards or other advertising displays are allowed on the Property, except that signs whose placement, number and design do not significantly diminish the scenic character of the Property may be displayed to state the name and address of the Property, to advertise or regulate permitted on-site activities, to advertise the Property for sale or rent, and to post the Property to control unauthorized entry or use. Kiosk(s) displaying trail maps and other information relevant to the public use of the Property are permitted No Biocides. Except to aid in removal of invasive plants and exotic species, there shall be no use on the Property of pesticides or biocides, including but not limited to insecticides, fungicides, rodenticides, and herbicides No Dumping. Except for trash receptacles consistent with the operation of a public park, there shall be no storage or dumping of trash, garbage, or other unsightly or offensive material, hazardous substance, or toxic waste on the Property. Except as needed to service permitted improvements, there shall be no placement of underground storage tanks in, on, or under the Property. There shall be no changing of the topography through the placing of soil or other substance or material such as land fill or dredging spoils, nor shall activities be conducted on the Property or on the adjacent property owned by Grantee, that could cause erosion or siltation on the Property No Pollution. There shall be no pollution, of surface water, natural water courses, ponds, marshes, subsurface water or any other water bodies, nor shall activities be conducted on the Property that would be detrimental to water quality or purity or that could alter the natural water level or flow in or over the Property Commercial Development. Any commercial or industrial use of or activity on the Property, other than those specifically permitted herein, is prohibited Archeological Investigation. Subject to Paragraph 2.8 (Hydrology), Grantee may conduct archeological research on the Property provided that: (1) Grantee has obtained Conservancy s prior written approval; (2) Grantee gives prior notice and obtains necessary approval from the appropriate state or federal agencies; and (3) any such disturbance and investigation is performed in such a manner as to minimize any adverse impact on the conservation values of the Property Density. Neither the Property nor any portion of it shall be included as part of the gross area of other property not subject to this Conservation Easement for the purposes of determining density, lot coverage, or open space requirements under otherwise applicable laws, regulations or ordinances controlling land use and building density. No development rights that have been encumbered or extinguished by this Conservation Easement shall be transferred to any other lands pursuant to a transferable development rights scheme, cluster development arrangement or otherwise. 3. ADDITIONAL RIGHTS OF GRANTEE. Grantee shall have the following additional rights: 3.1 Existing Uses. The right to undertake or continue any activity or use of the Property not inconsistent with the terms and purposes of this Conservation Easement. Prior to making any change in use of

12 (Page 12) the Property, Grantee shall notify Conservancy in writing to allow Conservancy a reasonable opportunity to determine whether such change would violate the terms of this Conservation Easement. 3.2 Transfer. The right to sell, give, mortgage, lease, or otherwise convey the Property subject to the terms of this Conservation Easement. 4. CONSERVANCY S RIGHTS. To accomplish the purpose of this Conservation Easement, the following additional rights are reserved by the Conservancy: 4.1 Right to Enforce. The right to preserve and protect the conservation values of the Property and enforce the terms of this Conservation Easement, including the right to prevent any activity on or use of the Property that is inconsistent with the purpose of this Conservation Easement and to require the restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use pursuant to Paragraph 7 herein. 4.2 Right of Entry. The right of Conservancy s staff, contractors and associated natural resource management professionals to enter the Property after prior written notice to Grantee, for the purposes of: (a) inspecting the Property to determine if Grantee is complying with the covenants and purposes of this Conservation Easement; (b) enforcing the terms of this Conservation Easement; (c) taking any and all actions with respect to the Property as may be necessary or appropriate, with or without an order of court, to remedy or abate violations hereof; (d) monitoring and research as described ; and (e) management of exotic and invasive species as described. Prior written notice is not required if Conservancy is entering upon the Property because of an ongoing or imminent violation that could, in the sole discretion of Conservancy, substantially diminish or impair the conservation values of the Property, as described in Paragraph 7 herein. Such right of entry shall include the permanent right to cross other lands of the Grantee for access to the Property. 4.3 Monitoring and Research. The right, but not the obligation, to monitor the plant and wildlife populations, plant communities and natural habitats on the Property, and to actively protect and manage them, if necessary, to ensure their continued presence and viability on the Property. Grantee shall cooperate with Conservancy in establishing, at no expense to Grantee, a written Monitoring and Research Plan to direct the monitoring of and research on plant and wildlife populations, plant communities and natural habitats on the Property. Grantee agrees that all monitoring activity, natural resource inventory and assessment work or other natural resource research, conducted by Grantee or others, shall be reported to Conservancy. 4.4 Management of Exotics and Invasive Species. The right, but not the obligation, to control, manage or destroy exotic non-native species or invasive species of plants and animals that threaten the conservation values of the Property. Conservancy will consult with Grantee prior to implementing management activities. 4.5 Discretionary Consent. The Conservancy s consent for activities otherwise prohibited or requiring Conservancy s consent under Paragraph 2 above, may be given under the following conditions and circumstances: If, owing to unforeseen or changed circumstances, any of the prohibited activities listed in Paragraph 2 are deemed desirable by both the Grantee and Conservancy, the Conservancy may, in its sole discretion, give permission for such activities, subject to the limitations herein. Such requests for permission, and requests for permission for activities requiring the Conservancy s consent, shall be in writing and shall describe the proposed activity in sufficient detail to allow the Conservancy to judge the consistency of the proposed activity with the purpose of this Conservation Easement. The Conservancy may give its permission only if it determines, in its sole discretion, that such activities (1) do not violate the purposes of this Conservation Easement AND (2) either enhance or do not impair any significant conservation interests associated with the Property. Notwithstanding the foregoing, the Conservancy and Grantee have no right or power to agree to any activities that would result in the termination of this Conservation Easement under state or federal law. Nothing in this section shall require Conservancy to consent to any activity otherwise restricted in this Conservation Easement, or to consult or negotiate regarding the withholding or provision of such consent. 5. RESPONSIBILITIES OF GRANTEE AND CONSERVANCY NOT AFFECTED. Other than as specified herein, this Conservation Easement is not intended to impose any legal or other responsibility on the Grantee, or in any way to affect any obligation of the Grantee as owner of the Property. Grantee retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep and maintenance of the Property. Among other things, this shall apply to: (a) Taxes. The Grantee is exempt from real estate taxes and assessment. If the Property is conveyed to an owner that is not so exempt, such owner shall be solely responsible for payment of all taxes and assessments, if any, levied against the Property. If an owner of the Property becomes delinquent in payment of said taxes or assessments, such that a lien created against the land is to be executed upon, the Conservancy, at its option, shall have the right, but not the obligation, to take such actions as may be necessary to protect the Conservancy s interest in the Property and to assure the continued enforceability of this Conservation Easement. (b) Upkeep and Maintenance. The Grantee shall be solely responsible for the upkeep and maintenance of the Property, to the extent it may be required by law. The Conservancy shall have no obligation for the upkeep or maintenance of the Property. Grantee shall keep the Conservancy s

13 (Page 13) interest in the Property free of any liens arising out of any work performed for, materials furnished to or obligations incurred by Grantee. 6. ACCESS. Nothing in this Paragraph prevents the Grantee from placing reasonable restrictions on access for the safety of the public or for the maintenance of the Property. 7. ENFORCEMENT. The Conservancy shall have the right to prevent and correct violations of the terms of this Conservation Easement; to request corrective action sufficient to abate any violations; and to restore the Property to its previous condition as of the date that this Conservation Easement is retained. Grantee agrees that the Baseline Report (also known as an Easement Documentation Report) shall be deemed to provide objective information concerning the Property's condition at the time of this grant. Failure by the Grantee to abate the violation and take such other corrective action as may be requested by the Conservancy within thirty (30) days after receipt of such notice (the cure period ) shall entitle the Conservancy to bring an action at law or equity in a court of competent jurisdiction to enforce the terms of this Conservation Easement; to require the restoration of the Property to its previous condition; to enjoin the non-compliance by ex parte temporary or permanent injunction in a court of competent jurisdiction; and/or to recover any damages arising from the noncompliance. Such damages, when recovered, may be applied by the Conservancy, in its sole discretion, to corrective action on the Property. 7.1 Emergency Enforcement. If the Conservancy, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the conservation values of the Property, the Conservancy may pursue its remedies under this Paragraph without prior notice to the Grantee or without waiting for the cure period to expire. 7.2 Failure to Act or Delay. The Conservancy does not waive or forfeit the right to take action as may be necessary to insure compliance with this Conservation Easement by any prior failure to act and the Grantee hereby waives any defenses of waiver, estoppel or laches with respect to any failure to act or delay by the Conservancy, its successors or assigns, in acting to enforce any restriction or exercise any rights under this Conservation Easement. 7.3 Violations Due to Causes Beyond Grantee s Control. Nothing herein shall be construed to entitle the Conservancy to institute any enforcement proceedings against the Grantee for any changes to the Property due to causes beyond the Grantee s control, such as changes caused by fire, flood, storm, earthquake or the unauthorized wrongful acts of third persons. In the event of violations of this Conservation Easement caused by the unauthorized wrongful acts of third persons, the Grantee consents to the voluntary joinder by the Conservancy into any suit for the purpose of pursuing enforcement action, all at the election of the Conservancy. 7.4 Standing. By virtue of Conservancy's retention of rights under this Conservation Easement, it shall be entitled, at its option, to standing before appropriate courts of law to pursue remedies or other matters which are necessary or incidental to the protection of the Property which is subject to this Conservation Easement. 8. TRANSFER OF EASEMENT. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable in whole but not in part. The Conservancy shall have the right to transfer or assign this Conservation Easement to any private nonprofit organization that, at the time of transfer, is a qualified organization under IRC 170(h), and the organization expressly agrees to assume the responsibility imposed on the Conservancy by this Conservation Easement. If the Conservancy ever ceases to exist or no longer qualifies under IRC 170(h) or applicable state law, a court with jurisdiction shall transfer this Conservation Easement to another qualified organization having similar purposes that agrees to assume the responsibility. 9. TRANSFER OF PROPERTY. Any time the Property, or any interest therein, is transferred by the Grantee to any third party, the Grantee shall notify the Conservancy in writing within thirty (30) days prior to the transfer of the Property, and the document of conveyance shall expressly refer to this Conservation Easement. The failure of Grantee to perform any act required by this Paragraph shall not impair the validity of this Easement or of the transfer or limit their enforceability in any way. 10. AMENDMENT OF EASEMENT. This Conservation Easement may be amended only with the written consent of Grantee and Conservancy. Any such amendment shall be consistent with the purposes of this Conservation Easement and shall comply with IRC 170(h), or any regulations promulgated in accordance with that Section. Any such amendment shall also be consistent with the Act, as amended, or any regulations promulgated pursuant to that law. The Grantee and Conservancy have no right or power to agree to any amendment that would affect the enforceability of this Conservation Easement. 11. TERMINATION OF EASEMENT. The Grantee hereby agrees that at the time of the conveyance of this Conservation Easement to the Conservancy, this Conservation Easement gives rise to a real property right, immediately vested in the Conservancy, with a fair market value of the Conservation Easement as of the date of the conveyance that is at least equal to the proportionate value that this Conservation Easement at the time of the conveyance bears to the fair market value of the Property as a whole at that time. That proportionate value of the Conservancy s property rights shall remain constant. When a change in conditions takes place which makes impossible or impractical any continued protection of the Property for conservation purposes, and the restrictions contained herein are extinguished by judicial proceeding, the Conservancy, upon a subsequent sale, exchange or involuntary conversion of the Property, shall be entitled to a portion of the proceeds at least equal to that proportionate value of the

14 (Page 14) Conservation Easement (minus any amount attributable to new improvements allowed under this Conservation Easement made as of the date of the sale, exchange or conversion, which amount shall be reserved to Grantee). The Conservancy shall use its share of the proceeds in a manner consistent with the conservation purposes set forth herein or for the protection of a relatively natural habitat of fish, wildlife, or plants or similar ecosystem, as that phrase is used in and defined under P.L , 26 USC 170(h)(4)(A)(ii), as amended and in regulations promulgated thereunder. 12. EMINENT DOMAIN. Whenever all or part of the Property is taken in exercise of eminent domain by public, corporate, or other authority so as to abrogate the restrictions imposed by this Conservation Easement, the Grantee and the Conservancy shall join in appropriate actions at the time of such taking to recover the full value of the taking and all incidental or direct damages resulting from the taking, which proceeds shall be divided in accordance with the proportionate value of the Conservancy s and Grantee s interests, and Conservancy s proceeds shall be used as specified above. All expenses incurred by the Grantee and the Conservancy in such action shall be paid out of the recovered proceeds. 13. INTERPRETATION. This Conservation Easement shall be interpreted under the laws of the Commonwealth of Virginia, resolving any ambiguities and questions of the validity of specific provisions so as to give maximum effect to its conservation purposes. 14. TITLE. The Conservancy covenants and represents that it is the sole owner and is seized of the Property in fee simple and has good right to grant and convey the Property subject to this Conservation Easement. 15. NOTICES. Any notices required by this Conservation Easement shall be in writing and shall be personally delivered or sent by first class mail or by facsimile, to Grantee and Conservancy, respectively, at the following addresses or fax numbers, unless a party has been notified by the other of a change of address. To Grantee: To the Conservancy: County Attorney Attorney County of Albemarle The Nature Conservancy 401 McIntire Road 490 Westfield Road Charlottesville, VA Charlottesville, VA Fax: Fax: SEVERABILITY. If any provision of this Conservation Easement is found to be invalid, the remaining provisions shall not be altered thereby. 17. PARTIES. Every provision of this Conservation Easement that applies to the Grantee or Conservancy shall also apply to their respective successors and assigns, as their interest may appear. 18. RE-RECORDING. In order to ensure the perpetual enforceability of the Conservation Easement, the Conservancy is authorized to re-record this instrument or any other appropriate notice or instrument. 19. MERGER. The parties agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interest in the Property. 20. SUBSEQUENT LIENS ON PROPERTY. No provisions of this Conservation Easement shall be construed as impairing the ability of Grantee to use this Property as collateral for subsequent borrowing, provided that any deed of trust, mortgage or lien arising from such a borrowing would be subordinate to this Conservation Easement. 21. ACCEPTANCE & EFFECTIVE DATE. As attested by the signature of its authorized representative affixed hereto, the Conservancy hereby accepts without reservation the rights and responsibilities conveyed by this Conservation Easement. This Conservation Easement is to be effective the date recorded in the Clerk s Office of the Circuit Court of Albemarle County, Virginia. RESERVED this Conservation Easement together with all and singular the appurtenances and privileges belonging or in any way pertaining thereto, either in law or in equity, either in possession or expectancy, for the proper use and benefit of The Nature Conservancy, its successors, and assigns forever. TO HAVE AND TO HOLD, the said Conservation Easement unto The Nature Conservancy forever. IN WITNESS WHEREOF, The Nature Conservancy, a District of Columbia non-profit corporation, has caused this instrument to be executed by its duly authorized representative. THE NATURE CONSERVANCY, a District of Columbia non-profit corporation By: Its:

15 (Page 15) ACCEPTANCE Albemarle County, Virginia, Grantee, hereby executes and seals this document to indicate acceptance of the terms contained herein on this day of, COUNTY OF ALBEMARLE, VIRGINIA a political subdivision of the Commonwealth of Virginia By: Thomas C. Foley County Executive EXHIBIT A Real Estate Description All those certain tracts or parcels of land, together with the improvements thereon and all rights, privileges, appurtenances, easements and rights of way thereunto belonging or in anywise appertaining (except as specifically described ), situate in the Samuel Miller Magisterial District of Albemarle County, Virginia, and more particularly described as follows: Parcel One: All that certain tract or parcel of land containing acres, more or less, designated as Tract B on the plat entitled Plat Showing Rural Subdivision of Tax Map 75 Parcel 2 into Tracts A and B Containing and Acres Respectively and Also Showing Boundary Surveys of Tax Map 74 Parcels 28B1 and 30 Containing 3.79 and 3.13 Acres Respectively dated June 19, 2006 and recorded in the Clerk s Office of the Circuit Court of Albemarle County, Virginia (the Clerk s Office ) in Deed Book 3291, Page 662. Parcel One is Tax Parcel 75-2D. Together with that certain that certain easement of right of way fifty (50) feet in width retained in the deed dated April 7, 1964 from Charles W. Hurt and Letitia H. Hurt, his wife, to Thomas C. Joseph and Frances R. Joseph, husband and wife, of record in the Clerk s Office in Deed Book 398, Page 451, as modified by agreement of record in Deed Book 500, Page 156, and which easement of right of way is located pursuant to the Statement of Road Location and plat thereof of record in Deed Book 703, Page 521. Parcel Two: All that certain tract or parcel of land containing 29.2 acres, more or less, being a portion of that certain parcel containing 268 acres, more or less, conveyed to Hedgerow Corporation, a Virginia corporation, by deed of exchange dated November 3, 1970 from Charles William Hurt, sometimes known as Charles Wm. Hurt, and Letitia H. Hurt, his wife, of record in the Clerk s Office in Deed Book 479, Page 326, and being comprised of a 21.6 acre tract and a 7.6 acre tract conveyed to J. E. Sprouse by deed dated March 21, 1925 from A. P. Walker and C. R. Yardley, Special Commissioners, of record in the Clerks Office in Deed Book 189, Page 316. Parcel Two is Tax Parcel 75-2C and 2C1. Parcel Three: All that certain tract or parcel of land containing acres, more or less, and being the remaining portion of a 134 acre tract as shown on a plat of survey of record in the Clerk s Office in Deed Book 153, Page 183, after deducting therefrom a portion of the acreage conveyed to the Commonwealth of Virginia by deed dated April 30, 1970 from David N. Goodwin and Carol C. Goodwin, husband and wife, of record in the Clerk s Office in Deed Book 471, Page 593. Parcel Three is Tax Parcel Parcel Four: All that certain tract or parcel of land containing 36.5 acres, more or less, and being the same property shown on a plat thereof of record in the Clerk s Office in Deed Book 132, Page 40. Parcel Four is Tax Parcel Parcel Five: All that certain tract or parcel of land containing acres, more or less, situate on the south side of Interstate 64, and being the remaining portion on the south side of such highway of a 189 acre parcel of land as shown on a plat of survey of record in the Clerk s Office in Deed Book 157, Page 455 after deducting therefrom a portion of the acreage conveyed to the Commonwealth of Virginia by deed dated April 30, 1970 from David N. Goodwin and Carol C. Goodwin, husband and wife, of record in the Clerk s Office in Deed Book 471, Page 593. Parcel Five is Tax Parcel Parcel Six: All that certain tract or parcel of land containing acres, more or less, being shown on a plat of survey of record in the Clerk s Office in Deed Book 526, Page 43, and shown on an earlier plat of survey of record in Deed Book 326, Page 374, less and except therefrom that portion of such tract acquired by the Commonwealth of Virginia for improvements to Route 64, as evidenced by certificate of record in the Clerk s Office in Deed Book 430, Page 87 and order of the Circuit Court of Albemarle County of record in Deed Book 523, Page 296. Parcel Six is Tax Parcel The eastern and southern boundaries of Parcel Six are more accurately described on that certain plat made by Draper Aden Associates dated December 21, 2006 and captioned Plat Showing A Boundary Line Declaration, Property of Hedgerow Corporation and recorded in the aforesaid Clerk s Office in Deed Book 3345, Page 55. That certain right of way reserved for the benefit of this Parcel Six in the deed dated November 22, 1897 from J.L. Maury and Lucy J. Mary, husband and wife, to Jane Maury Maverick of record in the Clerk s Office in Deed Book 110, page 326 was released, vacated and extinguished by Hedgerow in that certain Certificate of Plat and Easement Vacation of record in the Clerk s Office in Deed Book 3345, Page 55. Parcels One through Six inclusive comprise the same real property conveyed to The Nature Conservancy, a District of Columbia nonprofit corporation, from Hedgerow Corporation, a Virginia

16 (Page 16) corporation, by deed of gift dated December 29, 2006, of record in the Clerk s Office in Deed Book 3346, Page 488. Item No ACE - Virginia Department of Agriculture and Consumer Services grant for easement acquisition. The executive summary states that the Virginia Department of Agriculture and Consumer Services ( VDACS ) Office of Farmland Preservation has awarded a grant in the amount of $286, to the County under a program established by the 2007 General Assembly to provide funds for the preservation of working farms and forest lands. VDACS awarded the County similar grants of $149, in 2014, $160, in 2013, $110, in 2012, $55, in 2011, $93, in 2010, $49, in 2009 and $403, in Albemarle County is one of only six localities to receive a grant this year, and one of only five to receive the full amount requested. Natural Resources: Thoughtfully protect and manage Albemarle County s ecosystems and natural resources in both the rural and development areas to safeguard the quality of life of current and future generations. VDACS has requested that the County enter into an Intergovernmental Agreement (the Agreement ) (Attachment A) as a condition for receiving this grant. While the County has yet to identify the specific easement(s) to which it would apply these funds, it intends to apply them toward the acquisition of the next qualifying easement. This should come from the current pool of applications that were received in October, This grant will remain available to (partially) reimburse any qualifying purchase for up to two years from the date of the Agreement. The key provisions of the Agreement are summarized. 1. The Agreement would obligate VDACS to set aside the grant amount in a restricted account and reimburse the County for its eligible costs for the purchase of conservation easement(s). The County s funds would be restricted exclusively for the County s qualifying costs for a period of up to two years. 2. The Agreement also would restrict the use of the grant funds to purchase a conservation easement resulting from the conversion or diversion of a subject property from open-space use, unless the conversion or diversion satisfies the requirements of the Open Space Land Act. Conversion or diversion of land is permitted under the Open-Space Land Act in limited circumstances upon the concurrence of the County and the Public Recreational Facilities Authority and upon the placement of substitute land of equal or greater value and quality under an open-space easement. The Agreement would entitle VDACS to reimbursement of its pro rata share of the market value of the easement if conversion or diversion ever occurred. 3. In exchange for the state s grant commitment, the Agreement would obligate the County to: appropriate matching funds equal to the grant amount for the purchase of a subject easement; apply the grant funds to the purchase of the easement; provide VDACS with annual progress reports (while the grant Agreement is in force) describing the County s efforts to obtain easements on other working farms, and its programs for public outreach, stewardship and monitoring, and measuring the effectiveness of the County s efforts to bring working farms under easement; maintain sufficient title insurance for the subject easement(s), which is already a standard County practice; allow VDACS the opportunity to review easement instruments and the title insurance policy prior to closing; receive copies of the recorded easement instrument after closing; provide notice to VDACS if the County receives an application to convert or divert a subject easement from its permitted easement uses; and enforce the terms and conditions of the deed of easement. In addition, because the grant funds for the VDACS grant obtained in 2013 were not expended by December 31, 2014 (the two-year deadline from the date of the December 31, 2012 Agreement to be reimbursed such funds), VDACS has agreed to extend the deadline for the County to be reimbursed such funds. An Addendum to the 2012 Agreement is attached (Attachment B). The addendum requires that VDACS restrict the County s 2013 awarded grant funding until June 30, 2015 for eligible reimbursements to the County for conservation easements recorded no later than May 29, Staff has reviewed the terms of this year s proposed Intergovernmental Agreement and of the Addendum to the 2012 Intergovernmental Agreement between VDACS and the County, and finds the terms of the Agreement and of the Addendum acceptable. The County s execution of the Intergovernmental Agreement would allow the County to receive $286, in state funding to apply to the ACE program. In order for the County to receive these funds, it must appropriate matching funds of $286, That local match is available through funds most recently appropriated for ACE by the Board in FY15. There is no additional budget impact related to the Addendum beyond that identified at the time of the approval of the underlying Agreement.

17 (Page 17) Staff recommends that the Board authorize the County Executive to execute the Agreement and the Addendum to the 2012 Agreement on behalf of the County. By the above-recorded vote, the Board authorized the County Executive to execute the following Agreement and the Addendum to the 2012 Agreement on behalf of the County: INTERGOVERNMENTAL AGREEMENT Between Virginia Department of Agriculture and Consumer Services and Albemarle County This INTERGOVERNMENTAL AGREEMENT is entered into this 31 st day of December, 2014, in the City of Richmond, Virginia, between the Virginia Department of Agriculture and Consumer Services ( VDACS ) and Albemarle County (collectively, the parties ) to provide mutually advantageous terms for cooperation between VDACS and Albemarle County to implement VDACS contribution of funds in support of Albemarle County s purchase of agricultural conservation easements. WHEREAS, the General Assembly, by Chapter 2 of the 2014 Special Session I Acts of Assembly, has appropriated $1,000,000 in the fiscal year ending June 30, 2015 to VDACS for the continuation of a state fund to match local government purchase of development rights program funds for the preservation of working farms and forest lands; and, WHEREAS, of the Code of Virginia authorizes VDACS Office of Farmland Preservation to develop methods and sources of revenue for allocating funds to localities to purchase agricultural conservation easements, and to distribute these funds to localities under policies, procedures, and guidelines developed by VDACS Office of Farmland Preservation; and, WHEREAS, for all purposes of this INTERGOVERNMENTAL AGREEMENT, the term agricultural conservation easement shall mean a negative easement in gross that has the primary conservation purpose of preserving working farm and/or forest land; and, WHEREAS, the Albemarle County Board of Supervisors has enacted an ordinance or passed a resolution that: authorizes, in accordance with Title 10.1, Chapter 17 of the Code of Virginia ( the Open- Space Land Act ) and other applicable law, Albemarle County to purchase agricultural conservation easements from landowners (each hereinafter called Grantor ); sets forth a clear, consistent, and equitable administrative process governing such purchases; and outlines the goals and purposes of Albemarle County s farmland preservation program; and, WHEREAS, Albemarle County has agreed to maintain a public outreach program designed to educate various stakeholders in Albemarle County including farmers, landowners, public officials, and the non-farming public about Albemarle County s initiatives to preserve working farms and forest lands; and, WHEREAS, Albemarle County has agreed to establish a transparent and replicable process for valuation of agricultural conservation easements; and, WHEREAS, the purchase of agricultural conservation easements is one component of Albemarle County s broader farmland preservation program; and, WHEREAS, Albemarle County has agreed to use a deed of easement that is sufficiently flexible to allow for future agricultural production in purchases of agricultural conservation easements for which Albemarle County uses funds contributed to it by VDACS; and, WHEREAS, Albemarle County has agreed that any agricultural conservation easement purchased as per the terms of this INTERGOVERNMENTAL AGREEMENT shall meet the definition of "real estate devoted to agricultural use", "real estate devoted to horticultural use" or "real estate devoted to forest use" as established in of the Code of Virginia; and, WHEREAS, Albemarle County has agreed to establish a clear strategy for monitoring and enforcing the terms of the agricultural conservation easements that Albemarle County purchases; and, WHEREAS, Albemarle County has agreed to establish a process that Albemarle County will use to evaluate the effectiveness of its farmland preservation program, including a protocol for making changes to Albemarle County s agricultural conservation efforts based on such evaluations; and, WHEREAS, VDACS, in reliance on the veracity of the foregoing recitals, certifies Albemarle County is eligible to receive contributions of funds from VDACS in reimbursement for certain costs Albemarle County actually incurs in the course of purchasing agricultural conservation easements; and, WHEREAS, Albemarle County, and the agents and employees of Albemarle County, in the performance of this INTERGOVERNMENTAL AGREEMENT, are acting on behalf of Albemarle County, and not as officers or employees or agents of the Commonwealth of Virginia; NOW, THEREFORE, VDACS and Albemarle County agree their respective responsibilities, pursuant to this INTERGOVERNMENTAL AGREEMENT, shall be defined as follows:

18 (Page 18) 1. VDACS Responsibilities a. VDACS shall, within thirty (30) days of the date of execution of this INTERGOVERNMENTAL AGREEMENT, restrict $286, (hereinafter the allocation amount ) in an account, from which VDACS shall withdraw funds only to pay contributions of funds that Albemarle County is eligible to receive pursuant to this INTERGOVERNMENTAL AGREEMENT, except that upon the expiration of two (2) years from the date of this INTERGOVERNMENTAL AGREEMENT, or immediately upon Albemarle County s failure to perform any of its obligations under the terms of this INTERGOVERNMENTAL AGREEMENT, VDACS shall have the right to withdraw any funds then remaining in such account and the right to redirect those funds to other localities that VDACS certifies as being eligible to receive matching funds and that enter into an intergovernmental agreement with VDACS to govern the distribution of matching funds for the purchase of agricultural conservation easements. The allocation amount from this and any prior INTERGOVERNMENTAL AGREEMENT shall not be considered to be a grant as that term is used in paragraph 1(b) of this INTERGOVERNMENTAL AGREEMENT. b. Upon Albemarle County or any agent acting on behalf of Albemarle County s recordation of a deed evidencing Albemarle County s purchase of an agricultural conservation easement in the circuit court of the city or county where the Grantor s land is located and Albemarle County s submission to VDACS of a completed claim for reimbursement, on a form prescribed by VDACS, together with the supporting documentation required under paragraph 2(e) of this INTERGOVERNMENTAL AGREEMENT, VDACS shall reimburse Albemarle County fifty percent (50%) of the reimbursable costs that Albemarle County actually incurred in the course of purchasing that agricultural conservation easement, limited to that portion of the allocation amount remaining in the account maintained by VDACS pursuant to paragraph 1(a) of this INTERGOVERNMENTAL AGREEMENT. The following shall not be considered to be reimbursable costs that Albemarle County actually incurred and shall be subtracted from the total amount of reimbursable costs considered for reimbursement by VDACS in connection with any particular agricultural conservation easement transaction: grants made by the United States of America, the Virginia Department of Agriculture and Consumer Services (VDACS), the Virginia Department of Conservation and Recreation (DCR), the Virginia Outdoors Foundation (VOF), or any other governmental agency or political subdivision of the Commonwealth of Virginia; payments made by any other funding sources either directly to the landowner or to reimburse Albemarle County; or in-kind donations or contributions. VDACS may make alternative arrangements for the distribution of funds pursuant to this INTERGOVERNMENTAL AGREEMENT, provided Albemarle County presents a written request for such alternative arrangement to the Commissioner of VDACS or the Commissioner of VDACS s designated agent (referred collectively hereinafter as the Grant Manager ) prior to incurring any expense for which Albemarle County seeks a distribution of funds under the proposed alternative arrangement. For purposes of this INTERGOVERNMENTAL AGREEMENT, reimbursable costs include: 1. The purchase price of the agricultural conservation easement actually incurred by Albemarle County, at present value, including any portion that Albemarle County will pay over time pursuant to an installment purchase agreement; 2. The cost of title insurance actually incurred by Albemarle County; 3. The cost actually incurred by Albemarle County of any appraisal of the land by a licensed real estate appraiser upon which Albemarle County purchases an agricultural conservation easement; 4. The cost actually incurred by Albemarle County of any survey of the physical boundaries of the land by a licensed land surveyor upon which Albemarle County purchases an agricultural conservation easement, including the cost of producing a baseline report of the conditions existing on the land at the time of the conveyance of the agricultural conservation easement; 5. Reasonable attorney fees actually incurred by Albemarle County associated with the purchase of an agricultural conservation easement, where reasonable attorney fees include those fees associated with outside counsel required for the completion of the easement, but do not include fees related to county or city attorneys serving as staff and who are paid regular salary in the county s or city s employ;

19 (Page 19) 6. The cost actually incurred by Albemarle County of issuing public hearing notices associated with Albemarle County s purchase of an agricultural conservation easement that Albemarle County is required by law to issue; and 7. Any recordation fees actually incurred by Albemarle County that Albemarle County is required to pay pursuant to the laws of the Commonwealth of Virginia. c. VDACS shall only be responsible for reimbursing Albemarle County under paragraph 1(b) of this INTERGOVERNMENTAL AGREEMENT for reimbursable costs that Albemarle County actually incurs in the course of purchasing an agricultural conservation easement when Albemarle County or any agent acting on behalf of Albemarle County acquires, by such purchase, a deed of easement that, at a minimum, provides: 1. The primary conservation purpose of the easement conveyed by the deed of easement is the conservation of the land in perpetuity for working farm and/or forestal uses. 2. The Grantor and Albemarle County agree that the land subject to the agricultural conservation easement shall not be converted or diverted, as the Open-Space Land Act employs those terms, until and unless the Grant Manager, with the concurrence of Albemarle County or an assignee of Albemarle County s interest in the agricultural conservation easement, certifies that such conversion or diversion satisfies the requirements of the Open-Space Land Act. 3. The Grantor and Albemarle County agree that, in the event of an extinguishment of the restrictions of the agricultural conservation easement that results in the receipt of monetary proceeds by Albemarle County or an assignee of Albemarle County s interest in an agricultural conservation easement in compensation for the loss of such property interest, VDACS shall be entitled to a share of those proceeds proportional to VDACS contribution toward the total reimbursable cost of acquiring the agricultural conservation easement as evidenced by the completed claim for reimbursement required under paragraph 1(b) of this INTERGOVERN- MENTAL AGREEMENT. 4. If the Grantor conveys the agricultural conservation easement for less than its fair market value, the Grantor and Albemarle County mutually acknowledge that approval of the terms of this Deed of Easement by VDACS and/or its legal counsel does not constitute a warranty or other representation as to the Grantor s qualification for any exemption, deduction, or credit against the Grantor s liability for the payment of any taxes under any provision of federal or state law. 5. All mortgagors and other holders of liens on the property subject to the restrictions contained in the deed of easement have subordinated their respective liens to the restrictions of the deed of easement acquired by Albemarle County. All such mortgagors and other holders of liens shall manifest their assent to the easement s priority over their respective liens by endorsing the deed of easement. 6. A baseline report documenting the conditions existing on the land at the time of the conveyance of the agricultural conservation easement is incorporated into the deed of easement by reference. 2. Albemarle County Responsibilities a. Albemarle County shall, within thirty (30) days of the date of execution of this INTERGOVERNMENTAL AGREEMENT, have available local funds greater than or equal to the allocation amount for the purpose of purchasing agricultural conservation easements. b. Albemarle County shall use matching funds that VDACS contributes to Albemarle County, pursuant to this INTERGOVERNMENTAL AGREEMENT, only for the purpose of purchasing agricultural conservation easements that are perpetual and that have the primary conservation purpose of preserving working farm and/or forest lands. c. Within one (1) year from the date of this INTERGOVERNMENTAL AGREEMENT, and for each subsequent year in which the INTERGOVERNMENTAL AGREEMENT or a subsequent agreement is in force, Albemarle County shall submit to VDACS a progress report that:

20 (Page 20) 1. describes any properties that Albemarle County has identified as prospects for Albemarle County s purchase of agricultural conservation easements and the status of any negotiations for the purchase of such agricultural conservation easements; 2. estimates the timeframes within which Albemarle County will execute contracts for any such purchases, close on such purchases, and request reimbursement of reimbursable costs for those purchases from VDACS; 3. describes the measures Albemarle County has undertaken to develop and/or maintain a public outreach program designed to educate various stakeholders in Albemarle County s community including farmers, landowners, public officials, and the non-farming public about Albemarle County s agricultural conservation easement program and other initiatives to preserve working agricultural land; 4. describes the measures Albemarle County has undertaken to develop and/or maintain a formal plan for stewardship and monitoring of the working agricultural land on which Albemarle County acquires agricultural conservation easements; and 5. describes the measures Albemarle County has undertaken to develop and/or maintain a process that Albemarle County will use to evaluate the effectiveness of its program, including a protocol for making changes to Albemarle County s agricultural conservation efforts based on such evaluations. d. For any purchase of agricultural conservation easements for which Albemarle County requests reimbursement from VDACS pursuant to this INTERGOVERNMENTAL AGREEMENT, Albemarle County shall obtain a policy of title insurance on its purchased interest that covers at least an amount equal to the amount for which Albemarle County requests reimbursement from VDACS. e. Prior to closing on a purchase of an agricultural conservation easement for which Albemarle County requests reimbursement from VDACS pursuant to this INTERGOVERNMENTAL AGREEMENT, Albemarle County shall submit, for review and approval by VDACS and its legal counsel, the following documentation: 1. a written agreement setting forth, in the manner prescribed by Albemarle County s ordinance or resolution governing its program to acquire agricultural conservation easements, the terms of Albemarle County s purchase of the agricultural conservation easement, including the purchase price; 2. a written confirmation from the Albemarle County Commissioner of Revenue or Director of Finance, or the Albemarle County Commissioner of Revenue s or Director of Finance s designated agent that the property/properties to be encumbered by the agricultural conservation easement meet the definition of "real estate devoted to agricultural use", "real estate devoted to horticultural use" or "real estate devoted to forest use" as established in of the Code of Virginia; 3. a written description of the agricultural, environmental and social characteristics of the property/properties to be encumbered by the agricultural conservation easement; 4. any installment purchase agreement; 5. the deed of easement that the Grantor will deliver to Albemarle County at closing, including all exhibits, attachments, and/or addenda; 6. a title insurance commitment for a policy to insure the easement interest under contract indicating an amount of coverage at least equal to the amount of funds for which Albemarle County requests reimbursement from VDACS; and 7. an itemized list of all reimbursable costs that Albemarle County has or will, up to the time of closing, incur in the course of purchasing the agricultural conservation easement. Albemarle County shall make whatever changes to the proposed deed of easement and/or the installment purchase agreement, where applicable, that VDACS and/or its legal counsel deem necessary to ensure compliance with applicable state law and the requirements and purposes of this INTERGOVERNMENTAL AGREEMENT.

21 (Page 21) Albemarle County may fulfill its obligation under this paragraph by submitting accurate and complete copies of all documents enumerated in this paragraph, provided that Albemarle County shall deliver or make available the original documents to VDACS for review at VDACS request. f. Together with any claim for reimbursement pursuant to this INTERGOVERNMENTAL AGREEMENT that Albemarle County submits to VDACS, Albemarle County shall also submit the following supporting documentation: 1. a copy of the recorded deed of easement that VDACS and/or its legal counsel approved prior to closing, showing the locality, deed book, and page of recordation, and including all exhibits, attachments, and/or addenda; 2. copies of invoices, bills of sale, and cancelled checks evidencing Albemarle County s incursion of reimbursable costs in the course of purchasing the agricultural conservation easement; 3. a copy of any executed installment purchase agreement related to the purchase, which shall indicate the purchase price; and 4. a copy of any deed of trust related to the purchase. g. Albemarle County shall provide the Grant Manager immediate written notice of Albemarle County s receipt of any application or proposal for the conversion or diversion of the use of any land upon which Albemarle County or its assignee, where applicable, holds an agricultural conservation easement, for the purchase of which VDACS contributed funds pursuant to this INTERGOVERNMENTAL AGREEMENT. h. Albemarle County, or any assignee of Albemarle County s interest in an agricultural conservation easement for which Albemarle County receives a contribution from VDACS pursuant to this INTERGOVERNMENTAL AGREEMENT shall at all times enforce the terms of that easement. Albemarle County shall provide the Grant Manager immediate written notice of any actions, whether at law, in equity, or otherwise, taken by locality to enforce the terms of the easement or to abate, prevent, or enjoin any violation thereof by any party. Any failure by Albemarle County or such assignee to perform its enforcement responsibility shall constitute a breach of this INTERGOVERNMENTAL AGREEMENT, for which VDACS shall have a remedy by way of a civil action for specific performance of that enforcement responsibility; or, VDACS shall have the right and authority, at its option, to demand and receive from Albemarle County a portion of the full market value of the agricultural conservation easement at the time of the breach in proportion to VDACS contribution toward the total reimbursable cost of acquiring the agricultural conservation easement as evidenced by the completed claim for reimbursement required under paragraph 1(b) of this INTERGOVERNMENTAL AGREEMENT. i. For any purchase of an agricultural conservation easement for which Albemarle County requests reimbursement from VDACS pursuant to this INTERGOVERNMENTAL AGREEMENT, Albemarle County shall derive its valuation of the agricultural conservation easement according to the valuation methods prescribed by ordinance or resolution. 3. Merger and Supersedure of Prior Agreement The parties agree that terms of any INTERGOVERNMENTAL AGREEMENT previously entered into between the parties to govern VDACS distribution of funds to Albemarle County in support of Albemarle County s purchase of agricultural conservation easements shall be merged into the instant INTERGOVERNMENTAL AGREEMENT, the latter of which shall supersede all former INTERGOVERNMENTAL AGREEMENTS to the extent that there are any inconsistencies between the terms of these INTERGOVERNMENTAL AGREEMENTS. Notwithstanding the language of this paragraph, VDACS shall be required to restrict the allocation amount(s) provided in paragraph 1(a) of any prior agreement(s) in addition to the current allocation amount, but shall only be required to restrict any prior allocation amount(s) until the expiration of two (2) years from the date of execution of the prior agreement(s). 4. Recertification This INTERGOVERNMENTAL AGREEMENT pertains exclusively to VDACS contribution of funds that the General Assembly has appropriated to VDACS through the fiscal year ending June 30, VDACS shall not contribute other funds in the future to Albemarle County except upon VDACS recertification of Albemarle County s eligibility to receive such funds. VDACS may establish and communicate to Albemarle County certain benchmarks of program development that VDACS will impose upon Albemarle County as preconditions to Albemarle County s recertification for future contributions.

22 (Page 22) 5. Governing Law This INTERGOVERNMENTAL AGREEMENT is governed by and shall be interpreted in accordance with the laws of the Commonwealth of Virginia. In all actions undertaken pursuant to this INTERGOVERNMENTAL AGREEMENT, preferred venue shall be in the City of Richmond, Virginia, at the option of VDACS. 6. Assignment Albemarle County shall not assign this INTERGOVERNMENTAL AGREEMENT, either in whole or in part, or any interest in an agricultural conservation easement for the purchase of which VDACS contributes funds pursuant to this INTERGOVERNMENTAL AGREEMENT, without the prior, written approval of the Grant Manager. 7. Modifications The parties shall not amend this INTERGOVERNMENTAL AGREEMENT, except by their mutual, written consent. 8. Severability In the event that any provision of this INTERGOVERNMENTAL AGREEMENT is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this INTERGOVERNMENTAL AGREEMENT have force and effect and shall not be affected thereby. In witness, whereof, the parties hereto have executed this INTERGOVERNMENTAL AGREEMENT as of the day and year first written above. Sandra J. Adams Date Name Date Commissioner County Executive Virginia Department of Agriculture & Consumer Services ***** ADDENDUM A TO INTERGOVERNMENTAL AGREEMENT Between Virginia Department of Agriculture and Consumer Services and Albemarle County 1. Notwithstanding any provision in this INTERGOVERNMENTAL AGREEMENT, any unused allocation amount provided in paragraph 1(a) of the agreement entered into on December 31, 2012 remaining as of December 31, 2014 shall be restricted by VDACS until June 30, 2015, from which VDACS shall withdraw funds only to pay contributions of funds that Albemarle County is eligible to receive pursuant to this INTERGOVERNMENTAL AGREEMENT, and only if the approved agricultural conservation easement to be submitted as part of the claim for reimbursement pursuant to this INTERGOVERNMENTAL AGREEMENT is recorded no later than May 29, This Addendum has no effect on any provision of this INTERGOVERNMENTAL AGREEMENT other than those provisions setting forth the date until which VDACS is required to restrict any unused allocation amounts provided in paragraph 1(a) of the prior agreement(s). This Addendum to the INTERGOVERNMENTAL AGREEMENT is effective as of the date when all four (4) signatures solicited are affixed here to. By signing this Addendum, the Parties are agreeing to its terms: Sandra J. Adams Date County Executive Date Commissioner Virginia Department of Agriculture & Consumer Services Item No Office of Facilities Development (OFD) Capital Projects Status Report 4 th Quarter CY 2014, was received for information. This report provides summary level information on all projects managed by OFD, both Capital Projects and Capital Maintenance Projects.

23 (Page 23) Following are some notable highlights on key projects. Substantial Completion was achieved on the Crozet Streetscape and Belvedere Boulevard Bond Default projects. The Northside Library and Storage Facility project is scheduled to reach substantial completion in February The Agnor-Hurt Elementary School Addition/Renovation project is under construction. Construction on the Crozet Elementary School Safe Routes to School (SRTS) project is scheduled to start in March Bid opening for the Henley Gym Auxiliary Gym Addition project is scheduled for March The Regional Firearms Training Center is being advertised in February OFD staff is also gearing up to support the upcoming school summer maintenance projects. The following sections provide a summary on all projects and more detailed information of select Capital Projects. In the 3rd quarter 2014 report, OFD introduced a project budget tracker for the Regional Firearms Training Center to provide a history of the budget. The Board feedback was that providing this type of budget history tracker for the major CIP projects would be useful in explaining the reasons for the variance to baseline. Based on this feedback, OFD staff has created project budget trackers for the select projects reported individually in the quarterly report. Item No Board-to-Board, March 2015, a monthly report from the Albemarle County School Board to the Albemarle County Board of Supervisors, was received for information. Item No County Grant Application/Award Report, was received for information. The executive summary states that pursuant to the County s Grant Policy and associated procedures, staff provides periodic reports to the Board on the County s application for and use of grants. The attached Grants Report (Attachment A) provides a brief description of one grant award received during the time period of January 15, 2015 through February 13, Also attached is an annual Grant Report summarizing the approximately $3 million in grant funding received by the County (General Government) during calendar year The budget impact is noted in the attachments. GRANT REPORT ACTIVITY January 16, 2015 through February 13, 2015 No applications were made for grants during this time period. An award was received for the following grant: Granting Entity Grant Type Amount Received Virginia Department of Conservation and Recreation Dam Safety, Flood Prevention and Protection Assistance Fund Match Required State $33,600 $38,400 Water Resources Fund Match Source Department Purpose Department of General Services This grant will be used to provide funds for three dam break inundation zone analyses, mapping and digitization reports. County of Albemarle 2014 Grants Summary Grants Awarded in Calendar Year 2014 The grants presented in this report are grouped into thematic categories: Arts Economic Development Environmental Public Safety Social Services/Education Support to Agencies In calendar year 2014, the County was awarded grants totaling approximately $3 million. Category Total Public Safety $1,251,373 Support to Agencies $951,353 Social Services/Education $427,500 Environmental $322,892 Economic Development $17,500 Arts $5,000 Grand Total $2,975,618* *Does not include cash match and in-kind contributions toward the grant or overall project.

24 (Page 24) 1% 0% 14% 11% 42% Public Safety Support to Agencies Social Services/Education 32% Environmental Economic Development Arts County Match Received Category Grant Name Granting Entity Amount Amount Arts Challenge Grant Virginia Commission for the Arts $5,000 $5,000 Economic Development Agriculture and Forestry Industries Fund (Planning Grant) VA Dept of Agriculture & Consumer Affairs* $17,500 $17,500 Environmental Church Basin Project - Stormwater Virginia Department of Environmental Quality $172,000 $172,000 Trees for Clean Water Virginia Department of Forestry $1,214 $1,214 Agricultural Conservation Easements (ACE) Program VA Department of Agriculture Consumer Services (VCACS) $149,678 $149,678 Public Safety 2014 Dry Fire Hydrants - VA DOF Virginia Department of Forestry $0 $0 Byrne JAG Local Award 2014 Department of Justice $0 $15,735 FEMA Assistance to Firefighters Fire Prevention & Safety Grant Fire Emergency Management Assistance $4,972 $94,478 FY15 Local Emergency Management Performance Grant (LEMPG) Virginia Department of Emergency Management* $8,484 $66,623 FY15 VA DUI Enforcement Grant to ACPD Virginia Highway Safety Office $2,122 $27,735 FY15 VA Speed Enforcement Grant to ACPD Virginia Highway Safety Office $768 $10,000 FY15 Victim Witness Program Virginia Department of Criminal Justice Services $0 $84,506 National Crime Victims Week Community Grant National Association of VOCA $0 $5,000 Selective Enforcement - Speed Virginia Department of Motor Vehicles $5,000 $10,000 Strategic Prevention Framework Phase II, Year 2 Virginia Commonwealth University $0 $273,550 VA DCJS JAG15 CA Virginia Department of Criminal Justice Servcies $16,941 $50,818 Staffing for Adequate Fire and Emergency Response FEMA - SAFER Grant $0 $612,928 Social Services/Education Virginia Preschool Initiative (Bright Stars) Virginia Department of Education $420,000 $420,000 Bama Works Fund of Dave Matthews Band Charlottesville Area Community Foundation $0 $2,500 MJH School Community Health Partnership Award Martha Jefferson Hospital $0 $5,000 Support to Agencies Comprehensive Community Corrections Act (CCCA) Virginia Department of Criminal Justice Services $0 $725,084 FY15 Pre-Trial Services Virginia Department of Criminal Justice Services* $0 $226,269 Grand Total $803,679 $2,975,618 * Represents grants with additional matching funds by other organizations. Item No Copy of letter dated January 26, 2015, from Mr. Francis H. MacCall, Principal Planner, to Mr. John W. Shanklin, Jr. re: LOD OFFICIAL DETERMINATION OF PARCEL OF RECORD & DEVELOPMENT RIGHTS Tax Map 119, Parcel 15 and Tax Map 119, Parcel 17 (property of John W. Shanklin, Jr.) Samuel Miller Magisterial District, was received for information. Item No Annual Report of the Board of Zoning Appeals, was received for information. State Code Section requires the Board of Zoning Appeals (BZA) to keep a full public record of its proceedings and to submit a report of its activities to the governing body. The 2014 annual report is attached for your information. The Board of Zoning Appeals hears variances from the Zoning Ordinance, special use permits for certain sign types, and appeals from decisions of the Zoning Administrator or her designee. These appeals can include determinations of zoning violation. No appeals and no variances were heard in This represents a decrease in appeals from six (6) received in 2013 of which three (3) were heard. One (1) special use permit for an off-site sign was submitted and heard in This is an increase from none (0) heard in Agenda Item No. 9. FY15 Plan of Finance for School Capital Improvements. The executive summary, as presented by staff, states that the Board received preliminary information on February 4, 2015 regarding the status of the County s Capital Improvements Plan s (CIP) expenditures already budgeted for and appropriated in the School Division s CIP fund (See Attachment A). Although the CIP expenditures are proceeding as planned, approved, and appropriated by the Board, the timing of the expenditures occurred faster than anticipated. Part of the annual budget process includes the Board s adoption of a Reimbursement Resolution, which allows the County to spend cash on appropriated capital projects and then reimburse itself once