PROPOSED AGENDA Bermuda Run Town Council Meeting Tuesday, May 9, 2023 6:00PM Bermuda Run Town Hall Mission: "The Town of Bermuda Run exists to provide core) public services that enhance the quality oflife fori its residents and an environment. for the business  DERMUD  community to thrive".  1. Call to Order 2. Pledge of Allegiance 3. Moment of Silence  "Iti is the intent of the Town Council to: solemnize the proceedings of this meeting and the business brought before the governing board, to offer the opportunity) forar reflective moment of silence." 4. Town of Bermuda Run Code of Ethics Statement-Town Attorney Brian Williams  5. Adoption of the Agenda Motion:  Second:  In Favor:  Opposed:  6. Approval oft the April 11, 2023, Town Council Meeting Minutes  Motion: 7. Citizens' Comments  Second:  In Favor:.  Opposed:  8. Proclamation: Older Americans Month  9. Presentation  A. Kim Shuskey, Davie County Senior Services Department in Davie County.  Mrs. Shuskey will give an overview of thei functions, services, and responsibilities of the Senior Services  B. Cameron Webb, Davie County Fire Marshall  Mr. Cameron Webb will give an overview ofthe functions, services, and responsibilities ofthel Fire Marshall's Office in Davie County, including the Local Emergency Planning Committee (LEPC).  10. Proposed Action Items  A. NCDOT Landscape Maintenance Agreement  Staff recommend action to allow the Town Manager and Town Attorney to negotiate and execute  the agreement. Motion:  Second:  In Favor:  Opposed:  B. Pilot' View RC&D, Inc. Agreement for Stream Restoration Projects  Staff recommend action to allow the Town Manager and Town Attorney to negotiate and execute  the agreement. Motion:  Second:  In Favor:  Opposed:    Agreement for Bahnson Lakes Stream Restoration Projects a. Town of Bermuda Run and Davie County  Staff recommend action to allow the Town Manager and Town Attorney to negotiate and execute  the agreement. Motion:  Second:  Inl Favor:  Opposed:  11. Town Manager Report/Comments a. Monthly Account Detail Report 12. Council / Mayor Comments  13. Adjourn Motion:  Second:  InF Favor:  Opposed:    Town of Bermuda Run Town Council Meeting Minutes April 11, 2023 - 6:00 PM  The Town Council of] Bermuda Run held its scheduled meeting on Tuesday, April 11,2023 at Council Members Present: Mayor Rick Cross, Mike Brannon, Curtis Capps, Heather Coleman,  6:00 PM. The meeting was held at the Bermuda Run Town Hall.  Mike Ernst and Melinda Szeliga  Council Members Absent: Also Present: Call to Order Pledge of Allegiance Moment of Silence  Andrew Meadwell, Town Manager; Cindy Poe, Town Clerk; and Brian  Williams, Town Attorney  Mayor Rick Cross called the meeting to order.  Iti is the intent oft the Town Council to solemnize the proceedings ofthis meeting and the business brought before the governing board, to offer the opportunity, for ai reflective moment ofsilence. Mayor Cross recognized. that April 9-15 is National Public Safety Telecommunicators Week. Town of Bermuda Run Code of Ethics Statement - Town Attorney Brian Williams  Adoption of the Agenda none opposed.  Council. Member. Mike Ernst made a motion to approve the agenda as presented. Council. Member Heather Coleman. seconded the motion. The motion was approved by a vote offive (5) infavor and  Approval of the March 14, 2023 Town Council Meeting Minutes  Council Member Heather Coleman made ai motion to approve the March 14, 2023 meeting minutes. Council Member Mike Brannon seconded the motion. The motion was approved by a vote offive (5) in  favor and none opposed. Citizens' Comments-None Proposed Action Item:  A. Public Hearing- - Updates to the' Town of] Bermuda Run Comprehensive Plan The Town Council received public comment on the draft 2023 update to the Town ofE Bermuda Run Comprehensive Plan. Town Manager Andrew Meadwell went through the process that began in January, 2022 and commended the Planning Board, Benchmark Planning, the Council, staff, and the  public that gave input regarding the plan updates. Mayor Cross Opened the Public Hearing    Citizens' Comments  Patricia Williams of124 Parkview. Lane (Kinderton Village) spoke regarding her opinion ofthe Comprehensive Plan updates saying there were parts that. she appreciated, but shared that she 's still concernedi regarding the "tree massacre" * that took away their. sound barrier, andj future development.  "When is enough. ENOUGH?" Mayor Cross Closed the Public Hearing  Council Member Mike Brannon shared that he was pleased with the number of surveys received - good feedback from the community. Mayor Rick Cross stated that he wants more interaction and feels we are making continued progress. Thanked all that were involved ini the whole process. It's more about Council Member Heather Coleman made ai motion to approve the Resolution ofAdoption for the Comprehensive. Plan Update. Council Member Melinda Szeliga seconded the motion. The motion was B. Budget Amendment BA 2022-23-02- General Fund Acceptance from Bermuda Run The Town Manager recommends the 2022-2023 General Fund Budget be amended to accept $800 from the Davie County Community Foundation as revenue and expend $800 for expenses related to Council Member. Melinda Szeliga made ai motion to approve the proposed budget amendment. Council Member Curtis Capps seconded the motion. The motion was approved by a vote offive (5)  progress than growth.  approved by a vote offive (5) inj favor and none opposed.  Community Vision Fund  the "2022 Christmas ini the Town of] Bermuda Run".  infavor and none opposed.  C. Proposed 2022-2023 Town Audit Contracts  Eddie Carrick, CPA provided a proposed contract for Town audit services for thes year ending June 30, 2023. The audit fee is proposed at $7,500 and fee per Major Program of $2,000. Aj proposed contract for Tourism Development Authority (TDA) audit services for the year ending June 20, 2023 for a fee of $1,500 remains unchanged from the previous fiscal year. Many towns our size struggle to find a provider of these services, and this is an established firm for the Town of Council Member Mike Ernst made a motion to approve the proposed Town. Audit Contracts. Council Member Mike Brannon seconded. the motion. The motion was approved by a vote offive Town Manager Comments - Andrew Meadwell shared that there are several Senate and House Bills in legislature that may affect the Town, and he will provide copies to Council members. The Blue Heron Trail opening is getting close. Rules and allowed uses will be discussed at the April Agenda Council Comments- - Council Members thanked everyone in attendance, and the one citizen that spoke during the Public Hearing. Mike Brannon added that the Comprehensive Plan is what the Town usesas a guidepost to drive decisions that are: made regarding the growth oft the town. Mike Ernst made it clear that the town does not own any land, but is just responsible for zoning quirement.decisions. He also shared that RISE/Fusion brings a lot ofr revenue to town with the sporting events that are well-attended  Bermuda Run.  (5) inj favor and none opposed.  Meeting.  by families from numerous areas.    Mayor Comments -Thanked everyone in attendance.  Davie County is a finalist for All-American City (only county in the running).  There are 19 HOA'si in the Town of Bermuda Run and the presidents meet regularly and are actively Economic Forum w/ the Village of Clemmons attended by Mayor and' Town Manager. Shredding Event on Saturday, April 15 sponsored by the Bermuda Run Garden Club.  engaged.  Traffic/Road Improvements continue.  Adjourn  With no. further business to discuss, Council. Member Mike. Brannon made ai motion to adjourn. Council Member Heather Coleman seconded the motion. The motion was approved by a vote offive  (5) infavor and none opposed.  Approved  Respectfully Submitted  Rick Cross, Mayor  Cindy Poe, Town Clerk    ITEM: 8  BERMUD  Proclamation Recognizing Older Americans Month 2023  Whereas, the Town ofBermuda Runi includes a growing number ofolder Americans who contribute  their time, wisdom, and experience to our community; and  Whereas, communities benefit when people of all ages, abilities, and backgrounds have the  opportunity toj participate and livei independently; and  Whereas, the Town of Bermuda Run recognizes the need to create a community that offers the services and supports older adults may need to make choices about how they age; and  Whereas, the Town of Bermuda Run can work to build an even better community for our older  residents by:  Not limiting our thinking about aging, Exploring and combating stereotypes, Emphasizing the many positive aspects of aging, Inspiring older adults toj push past traditional boundaries, and Embracing our community's diversity.  Now, therefore, the Town Council ofthe Town of] Bermuda Run do hereby proclaim May 2023 to be Older Americans Month. The Town Council urge every resident to celebrate our older citizens, help to create an inclusive society, and accept the challenge of flexible thinking around aging.  Cindy Poe, Clerk  Rick Cross, Mayor    ITEM 10A  BERMUD  1201 Kinderton Boulevard, Suite 100. * Bermuda Run, NC 27006  (336)998-0906  Landscape Maintenance Agreement  Thel North Carolina Department of Transportation as part ofp project I-0911A (L) is requesting the Town of] Bermudal Runi to enter into al Landscape Maintenance Agreement for thej proposed roadside landscape design and aesthetics project at the Interstate I-401 Interchange. Exit 180 and thel Interstate I-401 Blue Heron Traill Bahnson Pedestrian Bridge. Thej project consists ofthel Department providing a new landscaping design, installing plantings and landscape features. The agreement alsoi includes that the Department, upon completion of the work, will maintain the plantings fora a period oft two (2) Att the end of thet two (2); years establishment period, the maintenance responsibilities willl be split between the Department and thel Municipality. Thel Municipality is responsible for maintaining the portion of thej project that is within the interchange footprint; this shall include all areas between the ramps and I-40, areas adjacent to the ramps and bridge.  years, at no expense tot the Town.    NORTH CAROLINA DAVIE COUNTY  LANDSCAPE MAINTENANCE, AGREEMENT  DATE: 4/12/2023  NORTH CAROLINA DEPARTMENT OF TRANSPORTATION  Project: I-0911A(L) WBS Elements: 34147.3.5 CFDA: 20.205  AND  TOWN OF BERMUDA RUN  THIS AGREEMENT is made and entered into on the last date executed below, by and between the North Carolina Department of Transportation, an agency of the State of North Carolina, hereinafter referred to as the' Department" and the Town of Bermuda Run, a municipal corporation, hereinafter  referred to as the' Municipality."  WITNESSETH:  WHEREAS, the Department has plans for roadi improvements from NC 801 to SR 1101 (Harper  Road); and,  WHEREAS, the Department and the Municipality propose to make certain landscape improvements WHEREAS, the Municipality has agreed to participate in the responsibilities of the Project as  under 34147.3.5, Davie County; and,  hereinafter set out; and,  NOW, THEREFORE, the parties hereto, each in consideration of the promises and undertakings of the other as herein provided, do hereby covenant and agree, each with the other, as follows:  SCOPE OF THE PROJECT  1. The Project consists of creating a new landscape design, installing plantings, landscaping features and maintenance of landscaping features and aesthetic improvements for the I-0911A(L) (I-40 Widening from Harper Roadi in Forsyth County to west of NC 801 in Davie County.  Agreement ID #11458  1    PLANNING, DESIGN, RIGHT OF WAY AND UTILITIES  2. The Department shall develop the landscape design and prepare the landscape plans and specifications in accordance with the Department's standard landscaping policies and procedures  for highways.  3. Ally work shall be performed within the existing right of way and in accordance with Departmental  standards, policies and procedures.  4. The Department does not anticipate the need to relocate and adjust any municipally-owned utilities at this time. Ifduring the project, it becomes necessary to adjust and relocate the municipaly-owned. utilities, the Municipality, at no expense to the Department, shall be responsible for the relocation and adjustment of all utilities in conflict with the landscape planting.  CONSTRUCTION  5. The Department shalli install, or caused to be installed, said plantings in accordance with the plans and specifications of said project as filed with, and approved by, the Department.  MAINTENANCE  6. Upon completion of the plantings, the Department shall maintain said planting areas for a period  of two (2) years, at no expense to the Municipality.  7. At the end of the two (2) years establishment period, the maintenance responsibilities willl be split between the Department and the Municipality. The Municipality is responsible for maintaining the portion of the project that is within thei interchanget footprint at Harper Road; this shalli include all areas between the ramps and I-40, areas adjacent to the ramps and bridge. The Municipal Maintenance responsibilities willl bei in accordance with thei following provisions:  8. Maintenance shall include, but not be limited to, the following: watering, mulching, pruning, fertilizing, weeding, pest control, mowing, replacing plant materials and the aesthetic appearance of the decorative pavement.. All costs of maintenance shall be borne by the Municipality  Agreement ID #11458  2    9. Thel Municipality agrees to continually maintain all plantings in accordance with generally accepted horticultural practices. The Department shall have the right to periodically inspect the  maintenance practices being utilized by the Municipality.  10. Ift the Department determines that the Municipality is not properly maintaining the plantings, the Department shall notify the Municipality. If proper maintenance is not performed by the Municipality within a reasonable time after notification, the Municipality agrees that the Department shall perform the necessary maintenance, or at the Department's option, shall return the planted area to a natural condition (ie. seeded and mulched, etc.). Iti is further agreed thatt the costs oft the restoration shall be reimbursed to the Department by the Municipality. Reimbursement to the Department shall be made in one final payment within sixty (60) days of invoicing byt the Department. The Department shall charge a late payment penalty and interest on  any unpaid balance due in accordance with N.C.G.S. S 147-86.23.  11. Ini the event these plantings require relocation or removal for highway construction, re- construction, maintenance or safety, the Municipality shall be given the option to remove or relocate any plantings it considers salvageable immediately upon notification by the Department,  at no expense to the Department.  12. The Department, at the end of the two (2) year establishment period, shall not be responsible for  any damage to the plantings that may be done by third parties.  13. All areas outside of the limits described in Provision 2 will be maintained by the Department. Maintenance will occur within standard Department seasons and cycles.  ADDITIONAL PROVISIONS  14. Any modification to scope, funding, responsibilities, or time frame will be agreed upon by all  parties by means of ay written Supplemental Agreement.  15. All terms of this Agreement are dependent upon, and subject to, the allocation of funds fort the purpose set forth in the Agreement and the Agreement shall automatically terminated iff funds  cease to be available.  Agreement ID: #11458  3    16. The other party to this Agreement shall comply with Title VI of the Civil Rights Act of 1964 (Title 49 CFR, Subtitle A, Part 21) and related nondiscrimination authorities. Title VI and related authorities prohibit discrimination on the basis of race, color, national origin, disability, gender, and age in all programs or activities of any recipient of Federal assistance.  17. Thel Department must approve any assignment or transfer of the responsibilities of the Municipality set forth ini this Agreement to other parties or entities.  18. This Agreement is solely fort the benefit oft thei identified parties and there are no understandings ora agreements, verbal or otherwise, regarding this Agreement except as expressly set forth. 19. The Entity is solely responsible for all agreements, contracts, and work orders entered into or issued by the Entity to meet the terms of this Agreement. The Department is not responsible for any expenses or obligations incurred fort the terms oft this Agreement except those specifically eligible for thet funds and obligations as approved by the Department under the terms oft this  Agreement.  20. The parties hereby acknowledge that thei individual executing this Agreement has read this Agreement, conferred with legal counsel, fully understands its contents, and is authorized to execute this Agreement and to bind the respective parties to thet terms contained herein. 21. A copy or facsimile copy of the signature of any party shall be deemed an original with each fully executed copy of the Agreement as binding as an original, and the parties agree that this Agreement can be executed in counterparts, as duplicate originals, with facsimile signatures sufficient to evidence an agreement: to be bound by the terms of the Agreement. 22. Tot the extent authorized by state and federal claims statutes, the Municipality shall be responsible for its actions under the terms of this agreement and save harmless the FHWA (if applicable), the Department, and the State of North Carolina, their respective officers, directors, principals, employees, agents, successors, and assigns to the extent allowed by law, from and against any and all claim for payment, damages and/or liabilities of any nature, asserted against the Department in connection with this Agreement. The Department shall not be liable and shall be held harmless from any and all third party claims that might arise on account of the Entity's  negligence and/or responsibilities under the terms of this agreement.  Agreement ID: #11458  4    23. Itist the policy of the Department not to enter into any agreement with parties that have been debarred by any government agency (Federal or State). By execution of this agreement, the Entity certifies that neither it nor its agents or contractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal or State Agency or Department and that it will not enter into agreements with any entity that is debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction.  24. By Executive Order 24, issued by Governor Perdue, and N.C. G.S.S 133-32, iti is unlawful for any vendor or contractor (ie. architect, bidder, contractor, construction manager, design professional, engineer, landlord, offeror, seller, subcontractor, supplier, or vendor), to make gifts or to give favors to any State employee of the Governor's Cabinet Agencies (i.e., Administration, Commerce, Environmental Quality, Health and Human Services, Information Technology, Military and' Veterans Affairs, Natural and Cultural Resources, Public Safety, Revenue, Transportation,  and the Office of the Governor).  Agreement ID: #11458  5    IN WITNESS WHEREOF, this Agreement has been executed, in duplicate, the day and year heretofore set out, on the part of the Department and the Municipality by authority duly given.  L.S. ATTEST: BY: TITLE:  TOWN OF BERMUDA RUN  BY: TITLE: DATE:  N.C.G.S. S 133-32 and Executive Order 24 prohibit the offert to, or acceptance by, any State Employee of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. By execution of any response in this procurement, you attest, for your entire organization and its employees or agents, thaty you are not aware that any such gift has been offered,  accepted, or promised by any employees of your organization.  This instrument has been pre-audited in the manner required by the Local Government Budget and  Fiscal Control Act.  (SEAL)  (FINANCE OFFICER) Federal Tax Identification Number  Remittance Address: Town of Bermuda Run  DEPARTMENT OF IRANSPORTATION  BY: DATE:  (CHIEF ENGINEER)  APPROVED BY BOARD OF TRANSPORTATION ITEM O:.  (DATE)  Agreement ID: #11458  6    ITEM 10B  BERMUL  1201 Kinderton! Boulevard, Suite 100. . Bermuda Run, NC 27006  (336)998-0906  Draft Pilot View RC&D Inc. (PVI) Service Agreement for Projects  The Town of Bermuda Run is interested in providing flood resiliency, stormwater management and dam rehabilitation with a project associated with three (3) current dams, the Bahnson Lakes, located along a proposed greenway ona an unnamedi tributary of the Yadkin River toi improve the qualityo ofl life withint thet town and: surrounding areas. To address these issues the Town is actively researching grant opportunities for funding requests and/or Through this agreement the Town is seeking assistance from PVI for grant/funding opportunities, administrative assistance and technical services administration and technical services provided in engineering and project development toi improve flood resiliency and/or improve stormwater management for this project. This agreement is subject to the Town of Bermuda Run receiving funding and obtaining the necessary property  grant applications pertaining to the stream restoration project.  rights and or easements from necessary parties.    DAVIE COUNTY NORTH CAROLINA  Service. Agreement  This Agreement is made and entered into on this  day of  2023 by and between Pilot View Resource Conservation and Development, Inc., (al North Carolina non-profit corporation). located at 2631Reynalda Road, Suite B, Winston Salem, North Carolina 27106, and Town of Bermuda Run, a North Carolina municipal corporation, located at 120 Kinderton Blvd, Suite 100, Bermuda! Run, NC 27006. Pilot View Resource Conservation and Development Inc. is referred tol herein as "Pilot View RC&D" or "PVI". The Town of  Bermuda Run is referred tol herein as the "Town". The agreement shall be effective from the shall terminate upon completion ofthe project.  day of  2023 and  Recitals  WHEREAS, the Town is interested in providing flood resiliency, stormwater management and dam rehabilitation with a project associated with three (3) current dams and their mpoundments known as the Bahnson Lakes located along a proposed greenway on an unnamed tributary of the Yadkin River in the  Town.  WHEREAS, the "Project" is more specifically described as rebuilding the dam of the easternmost Bahnson Lake, removing the remaining two Bahnson Lakes, rebuilding and remediating the stream(s) and stream(s) banks of the stream(s) that fed the Bahnson Lakes and build a public greenway along the stream(s), which public greenway will connect to the existing Blue Heron Trail  WHEREAS, Pilot View RC&D Inc. and Town encourage sound environmental projects that are adequately funded. Through this agreement, Town is seeking assistance from PVI for administrative and technical services provided in engineering and project development to improve flood resiliency and/or improve stormwater management for this project. In addition, the Town seeks funds for work to improve the quality oflife within the Town and surrounding areas. Such work may be accomplished as sites are determined and site visits made NOW,THEREFORE, in consideration ofthe foregoing Recitals, the mutual  1    covenants and agreements set forth herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged by  the parties, the parties agree as follows: Section) LI Responsibility of] Parties: Pilot View RC&D Inc. will:  1.PVI will, on behalf of the Town, research grant opportunities for funding requests and/or grant applications to the respective organizations pertaining to 2. PVIwill secure contractorsycnginerng firms for work to bej performed per site approval.. In the interest of facilitating this project and assisting the Town and in qualifying for designated funds, PVI will need to enter into subcontracts with such designers and contractors. To that end, PVI has extensive experience funding, managing, and implementing projects comparable to the scope ofwork in the work described above. PVI rigorously vetted 17 Desigm/Engineering firms and 10 Construction firms. These service providers have the specialty training, skills, and experience to implement the proposed sustainable engineering methods. PVI will choose an Engineer and Construction firm from its pre-approved service provider pool. Before contracting, PVI will submit to the Town the pre- approved service providers for discussion and identification of potential 3.1 PVI will work with the' Town in obtaining all State and Federal permits for 4. PVI will ensure that work performed meets applicable standards and is designed, inspected, and certified by personnel with proper credentials, license, 5. PVI will make payment to the contractor, designers/engineers, and others for work performed per this agreement or as otherwise provided between the town 6. PVI will manage the contracting andi the administrationofthe site-specific project(s) with engineer/technical service provider, contractors, inspection ofwork, site visits, engineering layout, plantings, seeding, and grading of 7. PVI will ensure that all state, local, and federal permits for work to be  the Project identified above.  conflicts ofinterest. construction.  and certification.  and PVI.  project work for completion. performed have been obtained.  2    8. PVI will provide the project oversight to ensure that the work has been performed according to design. PVI will provide additional project administration, project management, project coordination, site visits, project reporting, and close-out services shown in the budget. 9. PVI will provide the' Town with information to comply with reporting requirements required by the grant funding entity. 10. PVI will provide a monthly invoice to the Town for all work performed, including the pro-rated fee oft ten percent (10%) of the total project cost. 11. PVIs specifically acknowledges that the Town will follow the NC General Statutes regarding public contracting, in particular Chapter 143, Articles 3C and 8. PVI further acknowledges that the grant requirements oft the General Statutes may require amendments to this Agreement before the work on the  Project may begin. Town ofBermuda Run will:  11. The Town will follow the N.C. General Statutes specifically Chapter 143, Articles 3C and 8 in contracting with PVI to fulfill its obligations under 12. The Town acknowledges that PVI is not a professional engineer, 12. The Town will accept funding allocated for projects associated with this 13. The Town will reimburse PVI for the engineering services and construction cost, permitting, oversight, and administrative cost shown in the budget in the amount not to exceed ten percent (10%) of the total project cost to the extent permitted by North Carolina law. Any reimbursements must be consistent with grant requirements and within the scope ofwork approved by the Town and the grant funding source. Reimbursements shall 14. Town will provide PVI with any information about the project(s) or other information that Town may have on file or gathered through local  this Agreement.  designer, or construction contractor  grant agreement  not exceed funds available from theg grant(s).  departments or other engineering services.  15. Town shall obtain and provide PVI ingress and egress permits/easements from all properties within the Project area to provide access for surveys, designs, planning, construction, maintenance, and otherwise needed for the 16. The Town will pay, upon receipt, invoices from PVI for services rendered  administration and construction oft the project.  3    ini the planning, design, and construction oft the project from engineers and contractors, plus ten (10%) percent of total project cost for the administration, funding research, fiscal management, planning, project coordination, and project oversight, to the extent permitted by North Carolina law. 17. The Town will accompany PVI on the final walk-through before project completion and acceptance of work accomplished based on plans and design.  Section II. Governing Law State ofNorth Carolina. Section III. Waiver  This Agreement shall be governed by and construed according to the Laws of the  The failure ofany Party to this Agreement to insist upon the performance ofany ofthe terms and conditions of this Project Agreement, or the waiver of any breach of any oft the terms and conditions of this Project Agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as ifno such forbearance or waiver  hadoccurred.  Section IV. Effect of] Partial Invalidity  The invalidity of any portion ofthis Agreement will not and shall not be deemed to affect the validity ofany other provision. Ifany provision of this Agreement is held to bei invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as ifthey had been executed by all parties aft er the  deletion oft the invalid provision. Section V. Entire Agreement  This Agreement contains the entire agreement between the parties confirms no other promises or inducements have been made to it by PVI or the' Town unless contained in writing, attached to this Agreement, or incorporated herein.  Section VL.Modification of Agreement  Any modification ofthis Agreement or additional obligation assumed by any Party connected with this Agreement shall be binding only if evidenced in    writing signed by each party or an authorized representative of each party.  Section VII. Binding Effect successors and assigns. Section VII.Assipnments  This Agreement shall bind and inure to the benefit ofthe parties' respective  This Agreement may not be assigned without the written consent of all parties, but if assigned by agreement, then this Agreement shall be binding on the  assignee and the Assignees successors and assigns.  Section IX. Indemnification  18. The Town agrees, to the fullest extent permitted by law, to release, defend, protect, indemnify and hold harmless PVI its employees and agents against claims, losses, liabilities, damages, and costs, including reasonable attorney fees, which result from or (a) Damages or injuries to persons or property caused by the negligent acts or omissions oft the Town, the Town's designers, the Town's contractors, their employees, or agents in connection with the design, construction, use, or management oft the Project and Property; or (b) The use or presence of any hazardous substance, waste,  arise out of:  oro other regulated material in, under, or on1 the property.  19. PVI agrees, to the fullest extent permitted by law, to release, defend, protect, indemnify and hold harmless the Town, its officials, employees and agents against claims, losses, liabilities, damages, and costs, including reasonable attorney fees, which result from or arise out of: (a)) Damages or injuries to persons or property caused by the negligent acts or omissions of PVI or PVI's designers, contractors, their employees, or agents in connection with the design, construction, use, or management of the Project and Property; or (b) Use or presence of any hazardous substance, waste, or other regulated material in, under, or on the  property.  This indemnity shall survive the disbursement oft the grant funds, as well as any termination of  the Grant Agreement or Project Agreement. SECTION 12. IMPOSSIBITY  5    20. Iffor any reason any oft the grant funds under the grant agreement are not available for use on this project prior to the grant's expiration date, either Party may declare the Project and this Agreement terminated, and neither Party shall have any further obligations or responsibilities. Ini the case of such termination only for the unavailability of grant funds, PVI shall be entitled to receive payment for work  executed and costs incurred by reason of such termination.  SECTION 13. FORUM SELECTION  21. Any litigation shall be brought in the General Courts of Justice in Davie County,  NC orifin U.S. Court, in the Middle District ofNorth Carolina.  SECTION 14. BREACH  22. Either Party may declare the other Party in breach oft this Agreement at any time, provided that the Party alleged to bei in breach shall have thirty days to cure said breach, or prove to the non-breaching Party that they are diligently working to cure said  breach,  23. Ifafter thirty days, the Party in breach has failed to cure, or provide satisfactory evidence that the breach is being cured, the non-breaching party may terminate this  Agreement.  SECTION 15. NOTICES  24. Notices. Notices made about this Agreement may be delivered to the parties listed below or mailed via USPS or other delivery service suitable for delivery under the NC Rules of Civil Procedure, postage prepaid to the parties list below. Ifmailed, delivery shall be deemed to occur as stated on any receipt of delivery, or if not receipt three days after the notice has been placed in the hands oft the deliverer.  Iftot the PVI:  NC27  Iftot the Town: Town Manager  120 Kinderton Blvd., Suite 100  6    Bermuda Run. NC27006  With a copy to: Bermuda Run Town Attorney  Fleming & Williams 284 S. Main Street Mocksville, NC27028  Signature Page:  IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal by their duly authorized representatives as oft the date stated above.  Town ofBermuda Run  Date: By:  Rick Cross, Mayor Pilot View RC&D Inc.  Date: By:  Darin Young, Chair  7    ITEM 10C  1201 Kinderton Boulevard, Suite 100. Bermuda Run, NC 27006  (336)998-0906  Draft Bahnson Lakes Stream Restoration Project Agreement  The Town of Bermuda Run is interested in providing flood resiliency, stormwater management and dam rehabilitation with aj project associated with three (3) current dams, the Bahnson Lakes, located along a proposed greenway on an unnamed tributaryo ofthe Yadkin Rivert toi improve the quality ofl life within thet town and: surrounding areas. To address these issues the Town is actively researching grant opportunities for funding requests and/or These lakes and dams were built in the 1930's on the former Bahnson property and: serve as al historic landmark for Davie County. The lakes are currently in the ownership of the Hillsdale Group (middle and lower lakes) and Davie The Davie County property (C80000000116) is 2.66 acres and includes infrastructure improvements of a Davie County Utilities wastewater pump station, access road and easements. The property also includes a portion (1.43 The Town is asking Davie County to enter into an agreement to transfer ownership of the property identified as (Parcel ID C80000000116) excluding an approximately 0.27-acre utilityi infrastructure portion of the property to the This agreement is subject toi the Town of Bermuda Runr receiving funding and obtaining ther necessary propertyr rights  grant applications pertaining to the stream restoration project.  County (upper lake).  acres) of the upper lake. The total upper lake surface area is 2.5 acres  Town of Bermuda Run fori the stream restoration project.  and or easements from necessary parties.    DAVIE COUNTY NORTH CAROLINA  INTERLOCAL AGREEMENT  This Interlocal Agreement pursuant to. N.C. Gen. Stat. $160A-461 is made and entered into this the referred to as the "COUNTY", and the Town of] Bermuda Run, al North Carolina municipal corporation hereinafter referred to as the "TOWN". The COUNTY and the TOWN together are the PARTIES,  day of  2023, by and between Davie County, a North Carolina body politic, hereinafter  singular is PARTY.  WITNESSETH  WHEREAS, The County owns real property located adjacent to Lakeside Crossing in the Town on which ito operates a wastewater pumping station. This real property is identified as being Davie County Tax Map C8, Parcel 116, Davie County Tax PIN 58726 663332 and is further described by a deed recorded at Book 857, Page 163 in the Davie County Registry. This real property is referred tol herein as the Property," and WHEREAS, The Town may obtain a grant from the State ofNorth Carolina (the "Grant") or other potential grantmaking authorities in order to rebuild the dam of the easternmost of the lakes that are known locally as the Bahnson Lakes, remove the remaining two Bahnson Lakes, rebuild and: remediate the stream(s) and stream(s) banks oft the stream(s) that fed the Bahnson Lakes and build aj public greenway along the stream, which public greenway will connect to the existing Blue Heron Trail (collectively known as the "Project"); WHEREAS, In order to build the Project the State requires the Town to secure certain property rights to WHEREAS, The Town needs at temporary construction easement to the County'sp property in order tol build the Project and fee simple ownership oft the County's property, save and except the parcel of real property upon which the County's wastewater pumping station is located, together with any necessary easements to any appurtenances, for ingress, egress and utilities. The North Carolina General Statutes permit the conveyance ofreal property between towns and counties under. N.C. Gen. Stat. $160A-279, Sale ofproperty toe entities carrying out aj public purpose. Att the conclusion ofconstruction ofthe Project, the County agrees to convey the Property to the Town, save and except the property containing the wastewater pumping station; easements to any appurtenances; and an access easement to the wastewater pumping station. NOW THEREFORE, as consideration of the promises and covenants contained herein in this Agreement and the further consideration set out below, the TOWN and the COUNTY agree as follows: 1. The Grant. The Town will notify the County of receipt of the grant and any requirements of the 2. The Construction Schedule. As soon as it may reasonably be determined, the Town will inform the 3. The Temporary Construction Easement. The County will grant the Town a temporary construction easement to the property as soon as reasonable after the Grant is awarded to the Town. The Town  and  the lands subject to the Project, including the County's Property; and  Grant regarding the conveyance oft the County's Property. County of the schedule ofconstruction oft the property.  will pay the costs of surveying (ifany), grant preparation and conveyancing.    4. The Fee Simple Conveyance. After completion oft the Project the County will convey the Property to the Town, save and except the parcel of real property upon which the County's wastewater pumping station is located, together with any necessary easements to any appurtenances, fori ingress, egress and utilities, pursuant tol N.C. Gen. Stat. $ 160A-279 by special warranty deed free and clear ofall liabilities, liens, claims, encumbrances and other matters adversely affecting title. The Town 5. Feasibility Period. The Town shalll have a ninety (90) day period from the date the Grant is awarded to determine ifthe Town wishes toj proceed with the Project and to conduct tests on the property as reasonably necessary.. The Town shall have the right to terminate this. Agreement at any time during the Feasibility Period. The Town may extend the Feasibility Period for a second period of ninety (90) days. The Town agrees to indemnify and hold harmless the County from any losses, costs, or damages actually incurred by the County as a result of the Town's entrance onto the Property to 6. Closing. The closing will take place at a mutually agreeable location in Mocksville, NC at a time to 7. Grant Approval; Condition Precedent. The Town's obligation to close the transaction with the County is contingent upon the' Town: receiving the Grant and obtaining thei necessary property: rights 8. Brokers. Neither Party will pay any brokerage commissions, finder's fees or any other items  will pay the costs ofs surveying (ifany), grant preparation and conveyancing.  conduct said tests.  be determined by the Parties.  from other property owners as required by the State ofNorth Carolina. claimed to be due or owing to any third party for the opposite Party.  9. - Survey & Title; Additional Reports. The County will provide the Town with all current title information and a copy of existing surveys of the Property, as well as any other applicable information related tot title, in the County's possession, within fifteen (15) business days oft the full 10. Default. In the event the Town breaches the Agreement by failing to close the purchase of the Property despite the satisfaction ofall contingencies, the County shall, as its sole remedy, retain the surveys prepared by the Town as liquidated damages at which point the Agreement would be terminated. In the event the County breaches the Agreement by failing to close the purchase of the Property with the Town, the Town shall be entitled to () the remedy of specific performance. 11. Notices. Notices made about this Agreement may be delivered to the parties listed below or mailed via USPS or other delivery service suitable for delivery under the NC Rules of Civil Procedure, postage prepaid to the parties list below. Ifmailed, delivery shall be deemed to occur as stated on any receipt of delivery, or ifnot receipt three days after the notice has been placed in the hands of  execution ofthis Agreement.  the deliverer.  Ifto the County: County Manager 123 S. Main Street Mocksville NC: 27028 With a copy to: County Attorney  123 S. Main Street Mocksville NC27028  Ifto the Town: Town Manager  2    120 Kinderton Blvd., Suite 100 Bermuda Run. NC27006  With a copy to: Bermuda Run Town Attorney  Fleming & Williams 284 S. Main Street Mocksville, NC 27028  12. Forum Selection. The proper forum for legal disputes arising from this Agreement shall be the  General Courts of. Justice in Davie County, NC.  13. Counterparts. This Agreement may be signed: in counterparts.  14. This document constitutes the entire Agreement between the Parties hereto as to the Project and the property conveyances described herein and shall only be modified or amended at such times and  with the consent of the Parties by an express written and signed amendment.  IN WITNESS WHEREOF, THE COUNTY AND THE TOWN have each caused this instrument to be signed in the corporate name by its duly authorized officers by authority of their respective governing  bodies the day and year first above written.  Town of Bermuda Run  Attested to:  Rick Cross, Mayor oft the Town of Bermuda Run Davie County  Clerk Attested to: Clerk  Terry Renegar, Chairman ofI Davie County Board of Commissioners Thisi instrument has been pre-audited ini the manner and form required by the Local Government Budget and Fiscal  This instrument has been pre-audited ini the manner and form required by the Local Government Budget and Fiscal  Control Act.  Control Act.  Finance Office- Davie County  Finance Officer- Town of Bermuda Run  Approved as to form- County Attorney  Approved as to form- Town Attorney  3    TOWN OF BERMUDA: RUN DETAILACCOUNT INQUIRY: BYJ FUND PERIOD: 04/01/2023 TO 04/30/2023  FY2022-2023 DATE  10-10-00-005 BOTO-C Checking 04/03/2023 CA DEP43231 RFIDs 04/03/2023 FL Sweep 04/04/2023 FL Sweep 04/06/2023 FL 04/07/2023 FL Sweep 04/10/2023 CA DEP410231 RFIDS 04/10/2023 FL Sweep 04/10/2023 AP DETAIL/SUMMARY CHECKI POSTING 04/12/2023 FL Sweep 04/13/2023 AP DETAIL/SUMMARY CHECKI POSTING 04/13/2023 CA DEP413231 RFIDs 04/13/2023 FL Sweep 04/14/2023 FL Sweep 04/14/2023 FL 04/14/2023 FL Flex] Pay 04/14/2023 AP f DETAILSUMMARY CHECK POSTING 04/14/2023 FL "PayrollLiabilities 04/17/2023 CA DEP41723ABC 04/17/2023 FL 04/17/2023 FL Sales & Use Tax 04/18/2023 CA DEP418231 Davie Co. PropertyT 04/18/2023 FL Sweep 04/19/2023 FL Sweep 04/20/2023 CA DEP 42023 RFIDs 04/21/2023 CA DEP 42123 Sewer Reimbursement 04/21/2023 FL Sweep 04/21/2023 FL Sweeo 04/24/2023 FL Office Supplies 04/24/2023 FL Meeting Supplies 04/24/2023 FL Sweep 04/25/2023 FL Sweep 04/25/2023 FL Meeting supplies 04/26/2023 CA DEP426231 RFIDs 04/26/2023 FL 04/27/2023 FL 04/28/2023 FL 04/28/2023 FL 04/28/2023 AP 04/30/2023 FL Orbit] Retirement 04/30/2023 FL 04/30/2023 FL Flex] Pay  BALFORWARD PERIODTODATE -521,007.32  ACCTBAL 616,400.30 BALANCE -413,987.78 -413,507.78 413,929.55 249,550.00 -249,500.00 -246,247.76 -246,087.76 -246,247.76 -249,500.00 -239,618.39 -700,673.36 -700,353.36 -698,663.36 -674,825.69 675,884.65 -675,956.91 -682,145.66 -684,707.30 640,938.30 -617,669.23 -581,538.12 -547,109.69 -565,828.00 560,188.67 -558,468.67 -534,258.77 -307,240.32 -274,478.30 -274,597.24 -274,622.17 250,200.00 -249,146.97 249,156.31 248,776.31 -235,365.19 -608,335.29 -607,135.29 -601,565.49 -604,326.18 611,878.67 -615,269.71 -616,313.40 -616,400.30  -95,392.98 CREDIT 421.77  MOD REFERENCE  JE#OrVOUCHER CHECK#  DEBIT 480.00 164,379.55 50.00 3,252.24 160.00 9,881.61 320.00 1,690.00 23,837.67  BALANCE FORWARD  3530 3531 3532 3533 3534 3535 3536 3537 3542 3543 3544 3538 3541 3539 3540 3545 3548 3554 3556 3549 3550 3555 3551 3552 3553 3560 3557 3558 3559  Sweep  160.00 3,252.24 461,054.97 1,058.96 72.26 6,188.75 2,561.64  Prudential retirement  43,769.00 23,269.07 36,131.11 34,428.43 5,639.33 1,720.00 24,209.90 227,018.45 32,762.02 24,422.17 1,053.03 380.00 13,411.12 1,200.00 5,569.80  Sweep  18,718.31  118.94 24.93 9.34 372,970.10 2,760.69 7,552.49 3,391.04 1,043.69 86.90 881,447.02 881,447.02  Sweep Sweep Sweep Payroll Liabilities DETAILSUMMARY CHECK POSTING Prudential Retirement  04/27/2023 AP DETAILSUMMARY CHECK POSTING  SUBTOTALS) PORACCOUNTIOIDO00S:  679,034.50 679,034.50  P  19000.-00 250:000:00- 367>400-30- 616400-30*  DRobertson -Delailccountinguiy  05/02/2023 2:22:58PM  Page 1 of1