Town of Dallas Agenda April 12, 2022 6:00PM BOARD OF ALDERMEN Rick Coleman, Mayor Jerry Cearley, Mayor Pro-Tem  Sam Martin Darlene Morrow ITEM SUBJECT  Frank Milton E.H Hoyle Withers  Page  1. Invocation and Pledge of Allegiance to the Flag 2. Approval of Agenda with Additions Or Deletions 4. Recognition of Citizens: Time set by Mayor  3. Approval of Minutes  A. March gth Régular Meeting and March 22nd Work Session  2  A.  5. Consent Agenda (to be acted on collectively, unless removed for further discussion)  A. Budget Amendment for Employee Bonuses B. Budget Amendment for Coal. Ash Recovery C. FY2021/22 Audit Contract D.F Resolution for Lineworker Appreciation Days  12 16 18 39 41  6. PublicHearings 7. Old Business 8. New Business  A. Economic Development Agreement and Sale of Property  A. Dallas Minister's Association Special Events Application  64 72 84 93  B. Huss Annexation Petition McCall Annexation Petition D. Sale of Town Property 9. Manager's Report    MINUTES FOR BOARD OF ALDERMEN MEETING  March 8, 2022 6:00 PM  The following elected officials were present: Mayor Coleman, Alderman Cearley, Alderwoman The following staff members were present: Maria Stroupe, Town Manager; Nolan Groce, Development Services Director; Earl Withers, III, Fire Chief; Sarah Hamrick, Town Clerk; Jonathan Newton, Finance Director; Rob Walls, Police Chief; Bill Trudnak, Public Works Director; Doug Huffman, Electric Director; Brian Finnegan, Planner; and Tom Hunn, Town  Morrow, Alderman Milton, Alderman Withers, and Alderman Martin.  Attorney.  Mayor Coleman called the meeting to order at 6:00pm.  Mayor Coleman opened with the Invocation and the Pledge of Allegiance to the Flag.  Approval of Agenda:  Prior to setting the agenda, Alderman Milton requested that a discussion be added concerning affordable housing. Alderman Withers motioned to set the agenda with the addition, seconded by  Alderman Cearley, and carried unanimously.  Approval of Minutes:  Alderman Cearley motioned to approve the minutes from the February 8th Regular Board of Aldermen Meeting, as well as the minutes from the February 22nd Work Session and the February 28th Strategic Planning Meeting. Alderwoman Morrow seconded this motion and it was  carried unanimously. Recognition of Citizens:  The Mayor opened the floor to the Recognition of Citizens. Curtis Wilson of 438 S. Gaston Steet requested toj pray over the meeting.  Safety Coordinator, Debbie Lowery, presented the 2021 Sharpe awards to' Town employees on behalfofthe! Public Works Department, Waste Water and Water Treatment Plants, and the  Electric Department. Consent Agenda:  Item 5A Budget Amendment, for Economic Development  Inl FY2013 the Economic Development Fund was established and a formula approved to contribute monies from the Electric Fund to the Economic Development Fund in a consistent manner. Attached is the funding calculation for FY2022, based on the approved audit for  FY2021 (Exhibit 5A, 1-2).  2    Alderwoman Morrow made ai motion to approve the amendment, seconded by Alderman  Martin, and carried unanimously. Item. 5B SCIF Grant Budget. Amendment  In the 2021 Appropriations Act (SL-2021-180) approved by the North Carolina General Assembly, the Town ofDallas was appropriated a $100,000 State Capital and Infrastructure Fund (SCIF) Directed Grant as follows: "Provides a grant to the Town of] Dallas for repairs and renovation of downtown facilities.". This is a direct grant that does not require any matching funds. All required documentation, policies, planned scope of work, and estimated budget have been submitted to the NC Office of State Budget and Management (OSBM). Subsequently, OSBM generated a SCIF Grant Agreement that has been signed and executed by both the' Town and OSBM. The planned use oft the SCIF grant funds is to assist toward the cost ofr renovating 208 N. Holland St. for the purpose ofmoving the Development Services Department into that building. This move will facilitate the: functions of the Development Services Department, enhance their ability to interact with potential and/or current businesses and developers, and support growth in Dallas. Attached is al budget amendment to accept the grant funds and Alderwoman Morrow made ai motion to approve the amendment, seconded by Alderman Martin,  appropriate them for the stated use (Exhibit 5B-1).  and carried unanimously. Public Hearings:  6A Resolution Designating 5.25 acres for Economic Development Purposes  Alderman Milton motioned to enter into aj public hearing, seconded by Alderman Cearley, and Pursuant to the provisions ofNCGS $158-7.1, the Town is considering designating property owned by the' Town ofDallas to bel held: for economic development purposes. The property consists of5.25 acres, No. Assigned Address, located adjacent to US Hwy 321 and Carr Elementary School. The property was donated to the Town on or about December 30, 2008. The property is tol bel held to expand, enhance, and develop business prospects in the Town of Dallas. The Town believes this designation will stimulate the local economy, increase taxable property, increase thel business prospects oft the Town, and will likely have a significant effect on said prospects. Attached is ai resolution outlining the Town's desire to designate this parcel tol be held for Economic Development and/or Community purposes (Exhibit 6A, 1-3). The floor was open to public comment. There was no public comment at this time. Alderman Cearley made ai motion to go out ofthel Public Hearing, seconded by Alderman Alderman Withers made ai motion to approve the Resolution, seconded by Alderman Milton, and  carried unanimously.  Milton, and carried unanimously. carried unanimously.  6B Zoning Map Amendment-River Rock Capital Partners  3    Alderman Martin made a motion to go into al Public Hearing, seconded by Alderman Cearley, A Zoning Map Amendment (rezoning) application was submitted by authorized agent Sean Cullen, on behalfoft the property owners of Gaston County Parcels # 171277, 171214, and 306161. The: request is to Conditionally Rezone the property from B-2, Highway Business, to CDR-6, Multi-Family, for the development ofa 99-unit, ranch-style apartment complex. A detailed staff report, as well as proposed conditions and allowances, are provided in the agenda  and carried unanimously.  packet (Exhibit 6B, 1-13). The floor was open to public comment. Ronald Bowers of 1540 Eden Glen Drive Bruce Reid of17061 Eden Glen Drive Matthew Rinaldi of1716 Eden Glen Drive JeffThompson of 1720 Eden Glen Drive David Zibell of 1613 Eden Glen Drive John Davis of1 1202 Springhill Court Tracy Pruitt of1101 Sunnyfield Court Max & Katie Shirley of1105 Sunnyfield Court Patricia Rock of 1545 Eden Glen Drive Nikki Putnam of 1712 Eden Glen Court Thomas Givens of1728 Eden Glen Court Lionel Sanders of 1206 Springhill Court Marsha Davis of 1202 Springhill Court Frank McConnell of 1528 Eden Glen Court Barbara Pruitt of 1101 Sunnyfield Court Joseph Steffen of 1531 Eden Glen Drive Lance Davis of 1724 Eden Glen Drive (Via Zoom) Brenda Boring of 1719 Eden Glen Drive 171214, and 306161 is as follows:  The: following citizens spoke during the public comment section:  Blake McClain (His Father was involved in the development of] Eden Glen)  A synopsis of the public comment portion oft the rezoning for Gaston County Parcels #171277,  4    The residents of the Eden Glen development have concerns such as the access to the new development, traffic congestion, concerns of crime and safety, lowering of property value, and The owner of the said property, Mark] Huffstetler of1 1302 Dallas-Cherryville Hwy, spoke on behalf oft the sale ofthe property for the new development. Mr. Huffstetler said his family was approached by the developer to sell the land when Eden Glen was: first developed in hopes to increase the size of Eden Glen and declined. He also said that the two stub roads are: not cul-de- The River Rock Capital representative, Sean Cullen, presented the plans for the development and answered all questions that the citizens of Eden Glen had concerning the new development. The Board decided to continue this Public Hearing for further discussion at the May 10th Board Alderman Withers made ai motion to continue thel Public Hearing on May 10th, seconded by  construction damage.  sacs and that the developer's: intent was not: for them tol be cul-de-sacs.  ofAldermen meeting,  Alderwoman Morrow, and carried unanimously. 6C Text. Amendment Request-Parking Requirements  Alderman Milton made ai motion to go into the Public Hearing, seconded by Alderwoman A Petition for' Text. Amendment was submitted October 25, 2021 by Denis Blackburne with Woda Cooper Development, Inc. The requested change is to $153.042 Off Street Parking Requirements, to reduce the minimum required parking spaces for affordable housing developments from 2 parking spaces per dwelling unit, to 1.75 spaces per dwelling unit. Affordable housing is defined as developments financed by Low Income Housing' Tax Credits (LIHTC) allocated by the NCI Housing Finance Agency. After reviewing the request, Staff also recommended the requested parking reduction also apply to age-restricted housing and dwellings ini multi-family projects reserved for low to moderate income (LMI) persons. The Planning Board reviewed the text amendment at their November 18, 2021 meeting. After discussion of the: requested text amendment, recommended approval oft the text amendment as presented with There was no public comment at this time. Alderman Withers made a motion to go out ofthe public hearing, seconded by Alderman Cearley, and carried unanimously. Alderman Milton made ai motion to approve the Amendment request with the consistency Statement, seconded by Alderwoman Morrow, and carried unanimously. Alderman Milton made ai motion at this time to take a 10 minute break, seconded by Alderman  Morrow, and carried unanimously.  the consistency statement provided by staff (Exhibit 6C, 1-4).  Withers, and carried unanimously.  6D Text Amendment Requesl-Permitted Uses Chart  Alderwoman Morrow made ai motion to go in the Public Hearing, seconded by Alderman Milton,  and carried unanimously.  5    Al Petition for Text. Amendment was submitted November 19, 2021 byJ James Melvin IV. The request ist to Chapter 153, Zoning Code, Appendix C: Permitted Uses Chart. Thej petitioner requests the use of"event venue" be added as a special use: ini the B-3: Central Business, Zoning District. Staffrecommends expanding the: request to add "event venue" as a special usei in the B: Central Business, B-3P: Central Business Perimeter, B-2: Highway Business, and B-1: Neighborhood Business Zoning Districts. After review and discussion, the Planning Board also included the I-2 District in the text amendment. The text amendment request was unanimously recommended for approval by thel Planning Board at their December 2021 meeting. Add "event venue" as a special use gives the' Town greater discretion and consideration of the use'sl location, design, and methods of operation to address thei impacts ofthe proposed use and surrounding development. A special use permit must be approved by the Board of Adjustment prior to' Town Staffis issuing permits. All Zoning text amendment approvals must reference or include a statement of plan consistency. A draft consistency statement has been provided (Exhibit 6D,1 1- There was no public comment at this time. Alderwoman Morrow made ai motion to go out of the Alderman Cearley made a motion to approve the Amendment request with the consistency  4).  public hearing, seconded by Alderman Milton, and carried unanimously. statement, seconded by Alderman Martin, and carried unanimously. 6E Text Amendment Request-Height in Residential. Districts  Alderman Cearley made. a motion to go: into the Public Hearing, seconded by Alderman Milton, Appendix B: YARD AND HEIGHT REQUIREMENTS FOR BUSINESS DISTRICTS has an allowance "D" which states: Buildings used wholly ori inj part for residential purposes may exceed 35: feet in height. But for each five feet or fraction thereofofa additional height above 35 feet, each yard shall bei increased five: feet over the: minimum requirements."The Planning Board reviewed this allowance and considered it for inclusion in Appendix A: YARD. AND HEIGHT REQUIREMENTS FORI RESIDENTIALI DISTRICTS at their November and December 2021 regular meetings. After discussion and modification to the language, the text amendment was unanimously approved. The proposed text amendment is attached, along with neighboring There wasi no. Public discussion at this time. Alderman Cearley made ai motion to go out ofthe Public Hearing, seconded by Alderwoman Morrow, and carried unanimously. Alderwoman Morrow made a motion to approve the. Amendment request with the consistency statement, seconded by Alderman Milton, and carried unanimously.  and carried unanimously.  jurisdictions' height requirements for comparison (Exhibit 6E, 1-9).  Old Business:  7A. Davis Hills Preliminary Plat  A subdivision permit application and construction drawings were: received August 5, 2021 by Shaun Gasparini. The subdivision, known as Davis Hills, is located offofDallas Stanley  6    Highway and consists of 87 single family detached lots. Staffhas reviewed several submittals for the Davis Hills Subdivision and are: ready to give conditional approval. The project construction drawings meet industry standards, as well as zoning conditions of approval. This project isa major subdivision, 50+ homes, and: requires preliminary plat approval from the Board of Aldermen. At their December 2021 meeting, the Planning Board unanimously recommended approval of the preliminary plat. Once the preliminary plat is approved and all necessary approvals are received, the developer can begin site work (Exhibit 7A, 1-12). Alderman Cearley made. ai motion to approve the Preliminary Plat, seconded by Alderman  Milton, and carried unanimously.  New Business:  Item 8A Special. Events Request-Easter Egg Hunt  The Gaston County Museum is requesting use of the Court Square on Saturday, April gth for their Annual Easter Egg Hunt. The event will begin at 10:00 am with games and the egg hunt, and conclude at 12:00 pm. They would like tol begin set up during the afternoon of Friday, April gth to mark off the age zones for egg hunting on the Court Square (Exhibit 8A, 1-6). The Museum is requesting the following assistance from the Town:  -AS $500 donation toward eggs and candy.  Closure of West Main St. between N. Holland St. and N. Gaston St. between 9:00 am and 1:00 Alderman Withers made a motion to approve the Easter Egg Hunt, seconded by Alderwoman  pm on the day of the event. Morrow, and carried unanimously.  Item 8B Special. Events Requesl-Ruming with the Good. News 5K  A Special Events/Activities. Application has been submitted by the Promised Land Baptist Church of Gastonia, NC seeking the Board's approval to conduct a 5K race: in Dallas on Saturday, September 24, 2022. Set-up for the proposed race would begin at 6:00 a.m. on September 24t, with the: racei itselfbeginning at 8:00 a.m. and the event ending at 10:00 a.m. The application lists an estimated attendance of150-200 and states that the purpose of the race is toraise funds for the church'si missions. Promised Land is requesting six (6) trash cans for the event. The race will start and finish at Cloninger Park and follow the same route as their previous races. This will be the fifth year that the church has held thei race: in Dallas. There was not ai racei in 2020 or 2021 due tot the COVID-19 pandemic (Exhibit 8B, 1-7). Alderman Cearley made a motion to approve the 5K event, seconded by Alderman Martin, and  carried unanimously. 8CAffordable Housing  Alderman Milton added the discussion for Affordable Housing. The Board discussed to encourage developers to build affordablel housing in the' Town ofDallas. No motion was made.  7    Manager's Report:  At this time, Ms. Stroupe informed the Board that thel Police Department purchased a golfcart from the' Town ofRanio with drug seizure funds. She also informed the Board that a large tree: is  in the process of being removed at the water tank due to safety concerns.  Closed Session:  Alderman Milton made ai motion to go into Closed Session, seconded by Alderman Cearley, and Alderman Cearley made ai motion to go out ofClosed Session, seconded by Alderman Milton, Alderman Martin made ai motion to adjourn, Seconded by Alderwoman Morrow, and carried  carried unanimously (8:57). and carried unanimously (9:34). unanimously (9:34).  Rick Coleman, Mayor  Sarah Hamrick, Town Clerk  8    MINUTES FOR BOARD OF ALDERMEN WORK SESSION  March 22, 2022 5:00 PM  The following elected officials were present: Mayor Coleman, Alderman Cearley, Alderwoman The following Staffmembers were present: Maria Stroupe, Town Manager; Nolan Groce, Development Services Director; Brian Finnegan, Planner; Sarah Hamrick, Town Clerk; Robbie Walls, ChiefofPolice; Jonathan Newton, Finance Director; Bill Trudnak, Public Works Director; Doug Huffman, Electric Director; Earl Withers, III, Fire Chief; and Brandon Whitener,  Morrow, Alderman Milton, Alderman Withers, and Alderman Martin.  Recreation Director.  Mayor Coleman called the meeting to order at 5:00 pm. The Mayor then opened with the Pledge of Allegiance to thel Flag.  At this time, the Mayor asked to add a discussion concerning the Town's electronic sign. Alderman Withers motioned to approve the agenda with the addition, seconded by Alderwoman  Morrow, and carried unanimously. Item 3A. Huss. Annexation Petition  New Business:  Annexation Petition, 2021-06, was submitted August 5, 2021 by Todd and Gail Huss, property owners of3615 and 3623 Dallas High Shoals Highway, Dallas, NC: 28034, further identified as Gaston County Parcels #170071 and #170059. These parcels are considered contiguous. The two parcels total approximately 2.21 acres and are currently located in Gaston County. The petitioner seeks annexation into the Town ofl Dallas as part ofa Conditional Zoning District, CD R-5, for inclusion in a larger development, known as Summey Creek. Staff was directed to investigate the sufficiency ofthe annexation petition to determine ifit meets the: standards of NCGS $160A-31, at the September 12, 2021 Board of Aldermen Regular Meeting. The 2003 Future. Land Use. Map identifies thee parcels as Neighborhood and Community Business, but abuts a large parcel currently Zoned R-5, Single Family Residential (Ex. 3A, 1-11). The Board discussed the petition and decided tol bring back for a future public hearing.  Item 3B McCall. Annexation Petition  Annexation Petition, 2021-07, was submitted August 5, 2021 by Colleen McCall, property owner of3565 Dallas High Shoals Highway, Dallas, NC. 28034, further identified as Gaston County Parcel #170097. This parcel is considered contiguous. The parcel is approximately 3.82 acres and is currently located in Gaston County. The petitioner seeks annexation into the Town of Dallas as part ofa Conditional Zoning District, CDR-5, for inclusion in a larger development, known as Summey Creek. Staff was directed toi investigate the sufficiency oft the annexation  9    petition to determine ifit meets the standards ofNCGS $160A-31 at the September 14, 2021 Board of Aldermen Regular Meeting. The 2003 Future Land Use Map identifies this parcel as Neighborhood and Community Business, but abuts al large parcel currently Zoned R-5, Single The Board discussed the petition and decided to bring back for a future public hearing.  Family Residential (Ex. 3B, 1-8).  Item 3C Offer to. Purchase Town-Owned. Property  Shawn Santee and' Todd. Akers submitted an offer on behalf of Charlotte Land Group LLCt to purchase a portion ofTown-owned land located at 3601 Dallas High Shoals Highway, further identified as Gaston County Parcel #170058. Thel land consists of11,974 square feet, or 0.2749 acres, The submitted offer is for $5,000. The offeror intends toi include this property in the larger development known as Summey Creek. Subject property would need tol be recombined and rezoned to accomplish this. Town staffhave previously communicated the offeror's intent to purchase this property in work session meetings. Public Works and Engineering staffhave stated this location will not affect the Town's ability to access and maintain the existing water tower. Ifthel Board proposes to accept the offer, the offeror shall deposit five percent (5%) oft the bid with the' Town Clerk and follow guidance from NCGS $160A-269, as outlined below: A city may receive, solicit, or negotiate an offer to purchase property and advertise it for upset bids. When an offer isi made and the council proposes to accept: it, the council shall require the offeror to deposit five percent (5%) ofhis bid with the city clerk, and shall publish a notice oft the offer. The notice shall contain a general description oft the property, the amount and terms oft the offer, and a notice that within 10 days any person may raise the bid by notl less than tenj percent (10%) oft the first one thousand dollars ($1,000). and five percent (5%) ofthe remainder. When al bidi is raised, the bidder shall deposit with the city clerk five percent (5%) ofthei increased bid, and the clerk shall readvertise the offer at thei increased bid. This procedure shall bei repeated until no further qualifying upset bids are received, at which time the council may accept the offer and sell the property to thel highest bidder. The council may at any time reject any and all offers (Bx. 3C,  1-18).  The Board discussed to bring back for action.  Item 3D. Proposed. Agreement for Courthouse and Courtsquare Use by Gaston County. Museum In May of2017, the Town ofDallas entered into an agreement with the Gaston County Museum of Art and History for event rentals oft the Historic Dallas Courthouse. Under this agreement, Museum staff would facilitate event rentals by taking calls, collect rental fees, coordinate rentals, staffi rental events, and provide marketing for the facility. Int turn, the' Town ofDallas would physically maintain and insure the facility. Fees collected forrentals oft the Courthouse and/or grounds would be divided between the Town ofDallas and the Museum. The Museum would receive 60% oft the rental fee and the Town ofDallas would receive 40% oft the: rental fee. Other parameters oft the agreement allowed the Museum use oft the Courthouse for educational, promotional, and public programs/events at no charge to the Museum. At the. January 11,2022 Board of Aldermen meeting, the Board of Aldermen voted toj provide notice to the Gaston County Museum that as of April 1,2022 the Town ofDallas would exit the existing agreement  10    and would assume full responsibility for event rentals and facilitation at the Courthouse. Attached is aj proposed agreement submitted by the Gaston County Museum for continued use by The Board decided to have the Admin Committee look at the contract and bring back for further  the Museum for consideration (Ex. 3D, 1-3).  discussion.  Item 3E Review ofCourthouse. Rental. Fees  Attached is the current fee structure for rentals oft the Dallas Historic Courthouse and Grounds. The purpose ofthis discussion is to review the current fee structure, which has been inj place with no changes since May of 2017, and to determine an ongoing fee structure (Ex. 3E,1). The Board discussed to have Staff compile comparable data for thei rates.  Item 3F Budget Discussion  This discussion will center around priorities for consideration in the development oft the. Fiscal Year 2022/2023 Budget. Attached is a current FY2020/21 Fee Schedule for review prior to the meeting, to determine ift there are anyrevisions needed for the upcoming fiscal year (Ex. 3F,1- The Town Manager gave aj presentation ofaj proposal for the up-coming budget year. The Board  13).  will bring back for further discussion. Item 3G Town ofDallas Electronic Sign  The Board discussed to advertise for the Sports Program for Gaston College on the Town of Alderman Cearley made ai motion to adjourn, seconded by Alderwoman Morrow, and carried  Dallas electronic sign. It will be brought back for further discussion.  unanimously (6:35).  Rick Coleman, Mayor  Sarah Hamrick, Town Clerk  11    TOWN OF DALLAS, NORTH CAROLINA  REQUEST FOR BOARD. ACTION  DESCRIPTION: Budget Amendment for Employee Bonuses  AGENDA ITEMNO.5A BACKGROUND INFORMATION:  MEETING DATE: 4/12/2022  At thel March 22, 2022 Work Session, a discussion was. held concerning providing a bonus to employees in recognition oftheir consistent exemplary performance during thej past two years of pandemic conditions and acknowledges the current hardships being experienced due to inflation. During this time period of extraordinary circumstances, Town employees have continued to perform outstanding service to the Dallas community with no reduction in services provided. Thel bonus amounts would be $1,200 for full time employees and $400 for permanent part time employees. Attached is al budget amendment appropriating funds, as this action was not budgeted in the current FY2021/22 budget. The total cost, including fringes, is $86,917  distributed across all four major funds proportionally.  Once approved, the bonuses would be distributed within one week.  MANAGER RECOMMENDATION: Approve the budget amendment, as presented.  BOARD ACTION TAKEN:  12    Town of Dallas Budget Amendment  Date:  April1 12, 2022  Action: Admin- Employee Bonus  Purpose: To Appropriate Funds for Employee Bonuses  Number:  ADM-002  Line  Original Amount $342,107 $478 $3,104 $4,403 $1,030 $7,044 $1,050 $5,411 $6,709 $1,569 $12,281 $15,000 $5,782 $44,723 $66,881 $15,642 $120,815 $13,000 $10,335 $2,418 $3,815 $7,533 $9,340 $2,185 $17,098 $1,600 $5,732 $7,108 $1,663 $13,012  Amended Amount $385,573 $1,478 $3,134 $4,465 $1,045 $7,112 $3,450 $5,531 $6,858 $1,604 $12,553 $33,800 $5,902 $45,503 $68,047 $15,915 $122,966 $13,800 $10,385 $2,430 $9,695 $7,827 $9,705 $2,270 $17,765 $4,000 $5,852 $7,257 $1,698 $13,285  Fund 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10  Dept 3999 4100 4100 4100 4100 4100 4110 4110 4110 4110 4110 5100 5100 5100 5100 5100 5100 5200 5200 5200 5600 5600 5600 5600 5600 5700 5700 5700 5700 5700  Item Item Description 0000 Fund Balance Appropriated 0201 Bonus 0220 401K 0250 FICA 0251 Medicare 0260 Retirement 0201 Bonus 0220 401K 0250 FICA 0251 Medicare 0260 Retirement 0201 Bonus 0220 401K 0221 Mandatory 401K 0250 FICA 0251 Medicare 0260 Retirement 0201 Bonus 0250 FICA 0251 Medicare 0201 Bonus 0220 401K 0250 FICA 0251 Medicare 0260 Retirement 0201 Bonus 0220 401K 0250 FICA 0251 Medicare 0260 Retirement  Difference $43,466 $1,000 $30 $62 $15 $68 $2,400 $120 $149 $35 $272 $18,800 $120 $780 $1,166 $273 $2,151 $800 $50 $12 $5,880 $294 $365 $85 $667 $2,400 $120 $149 $35 $273  13 Page 1of3    Town of Dallas Budget Amendment  Date: April 12,2022 Action: Admin- Employee Bonus  Purpose: TOA Appropriate Funds for Employee Bonuses  Number:  ADM-002  Line Item Item Description 0201 Bonus 0220 401K 0250 FICA 0251 Medicare 0260 Retirement 0000 Fund Balance Appropriated 0201 Bonus 0220 401K 0250 FICA 0251 Medicare 0260 Retirement 0201 Bonus 0220 401K 0250 FICA 0251 Medicare 0260 Retirement 0201 Bonus 0220 401K 0250 FICA 0251 Medicare 0260 Retirement 0000 Fund Balance. Appropriated 0201 Bonus 0220 401K 0250 FICA 0251 Medicare 0260 Retirement 0000 Fund Balance. Appropriated 0201 Bonus 0220 401K  Original Amount $4,350 $6,677 $6,002 $2,043 $15,155 $273,151 $17,444 $27,343 $35,445 $8,290 $62,069 $5,350 $9,616 $13,570 $3,174 $21,829 $2,100 $5,533 $7,389 $1,728 $12,560 $310,477 $29,769 $48,137 $59,689 $13,960 $96,820 $0 $1,410 $1,859  Amended Amount $8,350 $6,857 $6,250 $2,101 $15,564 $297,233 $30,544 $27,988 $36,257 $8,480 $63,533 $9,350 $9,796 $13,818 $3,232 $22,238 $4,500 $5,653 $7,538 $1,763 $12,832 $328,953 $44,669 $48,882 $60,613 $14,176 $98,511 $893 $2,130 $1,895  Fund 10 10 10 10 10 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 30 30 30 30 30 30 40 40 40  Dept 5800 5800 5800 5800 5800 3999 8100 8100 8100 8100 8100 8200 8200 8200 8200 8200 8300 8300 8300 8300 8300 3999 8500 8500 8500 8500 8500 3999 7100 7100  Difference $4,000 $180 $248 $58 $409 $24,082 $13,100 $645 $812 $190 $1,464 $4,000 $180 $248 $58 $409 $2,400 $120 $149 $35 $272 $18,476 $14,900 $745 $924 $216 $1,691 $893 $720 $36  14 Page 2of3    Town of Dallas Budget Amendment  Date:  April 12, 2022  Action: Admin- Employee Bonus  Purpose: To Appropriate Funds for Employee Bonuses  Number:  ADM-002  Line Item Item Description 0250 FICA 0251 Medicare 0260 Retirement  Original Amount $2,305 $539 $4,219  Amended Amount $2,350 $549 $4,301  Fund 40 40 40  Dept 7100 7100 7100  Difference $45 $10 $82  Approval Signature (Town Manager)  15 Page 3of3    TOWN OF DALLAS, NORTH CAROLINA  REQUEST FOR BOARD. ACTION  DESCRIPTION: Budget Amendment for Coal Ash Recovery  AGENDA ITEM NO.5B BACKGROUND INFORMATION:  MEETINGI DATE: 4/12/2022  Coal Ash Recovery costs are trending higher than originally budgeted for FY2021/22, due to a change from Duke Energy. In order toj properly approprated for anticipated costs through the Attached is the budget amendment appropriating funds to cover anticipated Coal Ash Recovery  remainder of this fiscal year, a budget amendment is needed.  costs through June 30, 2022.  MANAGER RECOMMENDATION: Approve thel budget amendment, as presented.  BOARD ACTION' TAKEN:  16    Town of Dallas Budget Amendment  Date:  April 12, 2022  Action: Electric Department Coal Ash Recovery  Purpose: To Appropriate Funds Higher Than Anticipated Coal Ash Recovery Costs  Number:  EL-003  Line  Original Amount $328,953 $105,000  Amended Amount $356,453 $132,500  Fund 30 30  Dept 3999 8500  Item Item Description 0000 Fund Balance Appropriated 4840 Coal Ash Recovery  Difference $27,500 $27,500  Approval Signature (Town Manager)  17    TOWN OF DALLAS, NORTH CAROLINA  REQUEST FOR BOARD ACTION  DESCRIPTION: Audit Contract Approval for FY2021-22 Fiscal Year  AGENDA ITEMNO.5C BACKGROUND INFORMATION:  MEETINGI DATE: 04/12/2022  Lowdermilk Church & Co. have conducted the past eight years' audits. Itis thei recommendation ofs Stafft to contract with] Lowdermilk Church & Co. for the FY2021-22 annual audit. The contract outlines that they will conduct the audit for $27,300 for all services. This: reflectsa $1,300 increase from last year's cost. The cost increase reflects additional services required for Other Post-Employment Benefits (OPEB) and for Federal and State awards. For comparison, the last audit conducted by Collis and Associates for FY2012-13 cost the Town $26,500 for the same services, sO this is first audit tol be conducted by Lowdermilk Church to have reached the  threshold paid in 2013.  The NC Local Government Commission division oft the State Treasurer's Office requires that the Town approve this contract first before submitting to their office for final approval.  MANAGER RECOMMENDATION: Approve thej proposed audit contract for FY2021-22 as  presented.  BOARD. ACTION TAKEN:  18    LGC-205 The Governing Board Board of Aldermen of Primary Government Unit Town of Dallas, North Carolina and Discretely Presented Component Unit (DPCU) (ifapplicable)  CONTRACTTO AUDIT ACCOUNTS  Rev.11/2021  NA  Primary Government Unit, together with DPCU( (fapplicable), hereinafter referred to as Govemmental Unit(s)  and Auditor Name Lowdermilk Church & Co., LLP Auditor, Address Hereinafter referred to as Auditor for Fiscal Year Ending 06/30/22 hereby agree as follows:  121 North Sterling St., Morganton, NC 28655  Audit Report Due Date 10/31/22 Must bev within four months of FYE  1. The Auditor shall audit all statements and disclosures required by U.S. generally accepted auditing standards (GAAS) and additional required legal statements and disclosures of all funds andior divisions of the Govemmental Unit(s). The non-major combining, and individual fund statements and schedules shall be subjected to the auditing procedures applied in the audit oft the basic financial statements and an aggregate DPCUS, each major governmental and enterprise fund, and the aggregate remaining fund information (non-major government and enterprise funds, thei internal service fund type, and the fiduciary fund types). The basic financial statements shall include budgetary comparison information in a budgetary comparison statement, rather than as RSI, for the General Fund and any annually budgeted Special Revenue 2. Atar minimum, the Auditor shall conduct the audit and render the report in accordance with GAAS. The Auditor shall perform the audit in accordance with Govemment. Auditing Standards if the Governmental Unit expended: $100,000 or more in combined Federal and State financial assistance during the reporting period. The auditor shall perform a Single Audit if required by Title 2 US Code of Federai Regulations Part 200 Uniform Administration Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) ort the State Single Audit Implementation Act. This audit and all associated audit documentation may be subject to review by Federal and State agencies in accordance with Federal and State laws, including the staffs of the Office of State Auditor (OSA) and the Local Government Commission (LGC). If the audit requires a federal single audit in accordance with the Uniform Guidance ($200.501), it is recommended that the Auditor and Governmental Unit(s). jointly agree, in advance of the execution of this contract, which party is responsible for submission of the audit and the accompanying data collection form to the Federal Audit Clearinghouse as Ifti the audit and Auditor communication are found in this review to be substandard, the results of the review may be forwarded to the North Carolina State Board of CPA Examiners (NC State Board).  shall opinion  rendered be  in relation to (as applicable) the governmental activities, the business- type activities, the  funds.  required under the Uniform Guidance ($200.512).  Page 1  19    LGC-205  CONTRACT TO AUDIT ACCOUNTS  Rev. 11/2021  3. Ifan entity is determined to be a component of another government as defined by the group audit standards, the entity's auditor shall make a good faith effort to comply In at timely manner with the requests of 4. This contract contemplates an unmodified opinion being rendered. If during the process of conducting the audit, the Auditor determines that it will not be possible to render an unmodified opinion on the financial statements of the unit, the Auditor shall contact the LGC Staff to discuss the circumstances leading to that conclusion as soon as is practical and before the final report is issued. The audit shall include such tests of the accounting records and such other auditing procedures as are considered by the Auditor to be necessary in the circumstances. Any limitations or restrictions in scope which would lead to a qualification should bei fully 5. If this audit engagement is subject tot the standards for audit as defined in Govemment Auditing Standards, 2018 revision, issued by the Comptroller General of the United States, then by accepting this engagement, the Auditor warrants that he/she has met the requirements for a peer review and continuing education as specified in Government Auditing Standards, The Auditor agrees to provide a copy of the most recent peer review report tot the Governmental Unit(s) and the Secretary of the LGC priort to the execution of an audit contract. Subsequent: submissions oft the report are required only upon report expiration or upon auditor's receipt of an updated peer review report. If the audit firm received a peer review rating other than pass, the Auditor shall not contract with the Govemmental Unit(s) without first contacting the Secretary of the LGC fora a lft the audit engagement is not subject to Government Accounting Standards or if financial statements are not prepared in accordance with U.S. generally accepted accounting principles (GAAP) andi fail to include all disclosures required by GAAP, the Auditor shall provide an explanation as to why in an attachment to this 6. Itis agreed that time is of the essence int this contract. All audits are tol be performed and the report of audit submitted tol LGC Staff within four months ofi fiscal year end. Ifitk becomes necessary to amend the audit fee or the date that the audit report will be submitted to the LGC, an amended contract along with a written 7. Iti is agreed that GAAS include a review oft the Govemmental Unit's (Units') systems ofi internal control and accounting as same relate to accountability of funds and adherence to budget and law requirements applicable thereto; that the Auditor shall make a written report, which may or may not be a part of the written report of audit, to the Governing Board setting forth his/her findings, together with his recommendations for improvement. That written report shall include all matters defined as "significant deficiencies and material weaknesses" in AU-C 265 of the AICPA. Professional Standards (Clarified). The. Auditor shall file a copy oft that 8. AII local government and public authority contracts for audit or: audit-related work require the approval of the Secretary of the LGC. This includes annual or special audits, agreed upon procedures related to internal controls, bookkeeping or other assistance necessary to prepare the Governmental Unit's (Units') records for audit, financial statement preparation, any finance-related investigations, or any other audit- related work in the State of North Carolina. Approval is not required on contracts and invoices for system improvements and Invoices for services rendered under these contracts shall not be paid by the Governmental Unit(s) until the invoice has been approved by the Secretary of the LGC. (This also includes any progress billings.)IG.S. 159-34 and 115C-447] All invoices for Audit work shall be submitted in PDF format to the Secretary of the LGC  the group auditor in accordance with AU-6 $600.41- -S $600.42.  explained in an attachment to this contract.  peer review analysis that may result in additional contractual requirements.  contract or in an amendment,  explanation of the change shall be submitted to the Secretary oft the LGC for approval.  report with the Secretary oft the LGC.  similar serviçes of a non-auditing nature.  9.  for approval. The invoice marked 'approved 'with approval date shall be retured to  Page 2  20    LGC-205  CONTRACT TO AUDIT ACCOUNTS  Rev. 11/2021  the Auditor to present to the Governmental Unit(s) for payment. This paragraph is not applicable to 10. In consideration of the satisfactory performance of the provisions of this contract, the Governmental Unit(s) shall pay to the Auditor, upon approval by the Secretary of the LGC if required, the fee, which includes any costs the Auditor. may incur from work paper or peer reviews or any other quality assurance program required by third parties (federal and state grantor and oversight agencies or other organizations) as required under the Federal and State Single Audit Acts. This does noti include fees for any pre-issuance reviews that may be required by the NC Association of CPAS (NCACPA) Peer Review Committee or NC 11. Ifthe Governmental Unit(s) has/have outstanding revenue bonds, the Auditor shall submit to LGC Staff, either in the notes to the audited financial statements or as a separate report, a calculation demonstrating compliance with the revenue bond rate covenant. Additionally, the. Auditor shall submit to LGC Staff simuitaneously with the Governmental Unit's (Units') audited financial statements any other bond compliance statements or additional reports required by the authorizing bond documents, unless otherwise specified in the 12. After completing the audit, the Auditor shall submit to the Governing Board a written report of audit. This report shall include, but not be limited to, thet following information: (a) Management's Discussion and Analysis, (b) the financial statements and notes of the Governmental Unit(s) and all of its component units prepared in accordance with GAAP, (c) supplementary information requested by the Governmental Unit(s) or required forf full disclosure under the law, and (d) the. Auditor's opinion on the material presented. The Auditor shall furnish the required number of copies of the report of audit to the Governing Board uponçompletion. 13. Ift the audit firm is required by the NC: State Board, the NCACPA Peer Review Committee, or the Secretary of the LGC to have a pre-issuance review of its audit work, there shall be a statement in the engagement letter indicating the pre-issuance review requirement. There also shall be a statement that the Governmental Unit(s) shall not be billed for the pre-issuance review. The pre-issuance review shall be performed prior to the completed audit being submitted to LGC Staff. The pre-issuance review report shall accompany the 14. The Auditor shall submit the report of audit in PDF format to LGC Staff. For audits of units other than hospitals, the audit report should be submitted when (or prior to) submitting the final invoice for services rendered. The report of audit, as filed with the Secretary of the LGC, becomes a matter of public record for inspection, review and copy in the offices oft the LGC by any interested parties. Any subsequent revisions to these reports shall be sent to the Secretary oft the LGC. These audited financial statements, excluding the Auditors' opinion, may be used int the preparation of official statements for debt offerings by municipal bond rating serviçes to fulfill secondary market disclosure requirements of the Securities and Exchange Commission and for other lawful purposes of the Govemmental Unit(s) without requiring consent of the Auditor. If the LGC Staff determines that corrections need to be made to the Governmental Unit's (Units') financial statements, those corrections shall be provided within three business days of notification unless another deadline is agreed to by 15. Should circumstances disclosed by the audit call for a more detailed investigation by the Auditor than necessary under ordinary Gircumstances, the Auditor shall inform the Governing Board in writing of the need for such additional investigation and the additional compensation required therefore. Upon approval bythe  contracts for audits of hospitals.  State Board of CPA Examiners (see Item 13).  bond documents.  audit report upon submission to LGC Staff,  LGC Staff.  Page 3  21    LGC-205  CONTRACT TO AUDIT ACCOUNTS  Rev. 11/2021  Secretary oft the LGC, this contract may be modified or amended toi include thei increased time, compensation, 16. Ifan approved contract needs to be modified or amended for any reason, the change shall be made in writing and pre-audited if the change includes a change in audit fee (pre-audit. requirement does not apply to hospitals). This amended contract shall be completed inf full, including a written explanation of the change, signed and dated by all original parties tot the contract. Its shall then be submitted to the Secretary of the LGC for approval. No change to the audit contract shall be effective unless approved by the Secretary of the LGC, the 17. Acopy of the engagement letter, issued by the Auditor and: signed by both the Auditor and the Governmental Unit(s), shall be attached tot this contract, and except fori fees, work, and terms not related to audit services, shall bei incorporated by reference: as If fully set forth herein as part of this contract. In case of conflict between the terms oft the engagement letter and the terms of this contract, thet terms of this contract shall take precedence. Engagement letter terms that conflict with the contract are deemed to be void unless the conflicting terms of this contract are specifically deleted in Item 30 of this contract. Engagement letters containing 18. Special provisions should be limited. Please list any special provisions in ana attachment. 19. As separate contract should not be made for each division to be audited or report to be submitted. Ifa DPCU is subject to the audit requirements detailed in the Local Government Budget and Fiscal Control Act and as separate audit report is issued, a separate audit contract is required. Ifa separate report is not to be issued and the DPCU is included in the primary government audit, the DPCU shall be named along with the primary govemment on this audit contract. DPCU Board approval date, signatures from the DPCUE Board chairman and 20. The contract shall be executed, pre-audited (pre-audit requirement does not apply to hospitals), and physically signed by all parties including Governmental Unit(s) and the Auditor, then submitted in PDF format to 21, The contract is not valid until It is approved by the Secretary oft the LGC. The staff of the LGC: shall notify the Governmental Unit and Auditor of contract approval by email. The audit should not be started before the 22. Retention of Client Records: Auditors are subject to the NC State Board of CPA Examiners' Retention of Client Records Rule 21 NCAC 08N .0305 asi it relates to the provision of audit and other attest services, as well as non-attest services. Clients and former clients should be familiar with the requirements of this rule prior to 23. This contract may bet terminated at any time by mutual consent and agreement of the Governmental Unit(s) andi the Auditor, provided that (a) the consent to terminate is in writing and signed by! both parties, (b) the parties have agreed on the fee amount which shall be paid to the Auditor (if applicable), and (c) no termination 24. The Governmental Unit's (Units') failure ori forbearance to enforce, or waiver of, any right or an event of breach or default on one occasion or instance shall not constitute the waiver of such right, breach or default on 25. There are no other agreements between the parties hereto and no other agreements relative hereto that shall be enforceable unless entered into in accordance with the procedure set out herein and approved by the  or both as may be agreed upon by the Governing Board and the Auditor.  Governing Board, andi the Auditor.  indemnification clauses shall not be accepted by LGC Staff.  finance officer also shall be included on this contract.  the Secretary oft the! LGC. contract is approved.  requesting the return of records.  shall be effective until approved in writing byt the Secretary of theLGC.  any subsequent occasion or instance.  Secretary of thel LGC.  Page 4  22    LGC-205  CONTRACT TO AUDIT ACCOUNTS  Rev.11/2021  26. E-Verify. Auditor shall comply with the requirements of NCGS Chapter 64 Article 2. Further, if Auditor utilizes any subcontractor(s), Auditor shall require such subcontractor(s) to comply with the requirements of 27. Applicable to audits with fiscal year ends of June 30, 2020 and later. For all non-attest services, the. Auditor shall adhere toi the independence rules of the AICPA Professional Code of Conduct and Governmental Auditing Standards, 2018 Revision (as applicable). Financial statement preparation assistance shall be deemed a' "significant threat" requiring the Auditor to apply safeguards sufficient to reduce thet threat to an acceptable level. Ift the Auditor cannot reduce the threats to an acceptable level, the Auditor cannot complete the audit. If the Auditori is able to reduce the threats to an: acceptable level, the documentation of this determination, including the safeguards applied, must bei included in the audit All non-attest service(s) being performed by the Auditor that are necessary to perform the audit must be identified and included in this contract. The Governmental Unit shall designate ani individual with the suitable skills, knowledge, and/or experience (SKE) necessary to oversee the services and accept responsibility for the results of the services performed. If the Auditor is able to identify an individual with the appropriate SKE, s/he must document and include Int the audit workpapers how he/she reached that conclusion. Ift the Auditor determines that an individual with the appropriate SKE cannot be identified, the Auditor cannot perform both the non-attest service(s) and the audit. See "Fees for Audit Services" page of this contract to disclose the 28, Applicable to audits with fiscal year ends of. June 30, 2021 and later, The auditor shall present the audited tinançial statements including any compliance reports to the government unit's governing body or audit committee in an official meeting in open session as soon as the audited financial statements are available but not later than 45 days after the submission of the audit report to the Secretary. The auditor's presentation to the government unit's governing body or audit committee shall include: a) the description of each finding, including all material weaknesses and significant deficiencies, as found by the auditor, and any other issues related to the internal controls or fiscal health of the government unit as disclosed int the management letter, the Single Audit or Yellow Book reports, or any other communications from the auditor regarding internal controls as required by current auditing c) the values of Financial Performance Indicators based on information presented in the audited d) notification to the governing body that the governing body shall develop a "Response toi the Auditor's Findings, Recommendations, and Fiscal Matters,"ifr required under 20 NCAC 03. .0508. 29. Information based on the audited financial statements shall be submitted to the Secretary for the purpose ofic identifying Financial Performance Indicators and Financial Performance Indicators of Concern. See 20  NCGS Chapter 64, Article 2.  workpapers.  person identified as having the appropriate SKE for the Governmental Unit.  standards set by the Accounting Standards Board or its successor;  b) the status of the prior year audit findings; financial statements; and  NCAC 03. .0502(c)(6).  Page 5  23    LGC-205  CONTRACT TO AUDIT ACCOUNTS  Rev. 11/2021  30. All of the above paragraphs are understood and shall apply to this contract, except the  numbered paragraphs shall be deleted (See Item 171 for clarification).  following  31. The process for submitting contracts, audit reports andi invoices is subject to change. Auditors and units should use the submission process andi instructions in effect at thet time ofs submission. Refer to the N.C. Department of State Treasurer website at ntpslnww.ndreesurercomsiale-ancoca- popemeninanedhaswwmmasc.iwémitinppiraut to the email addresses provided on the signature pages thati follow.  32. All communications regarding audit contract requests for modification or official approvals willl be sent 33. Modifications tot the language and terms contained in this contract form (LGC-205) are not allowed.  Page6  24    LGC-205  CONTRACT TO AUDIT. ACCOUNTS FEES FOR AUDIT SERVICES  Rev.11/2021  1. For all non-attest services, the Auditor shall adhere to the Independence rules of the AICPA Professional Code of Conduct (as applicable) and Governmental Auditing Standards,2018 Revision. Refer to Item 27 of this contract for specific requirements. The following information must be provided by the Auditor; contracts Financial statements were prepared by: Auditor Governmental Unit Third Party Ha applicable: Individual at Governmental Unit designated to have the suitable skills, knowledge, andlor experience (SKE) necessary to oversee the non-attest services and accept responsibility for  presented to the LGC without this information will be not be approved.  results of these services: Name: Jonathan Newton  the  Title and Unit/Company: Finance Director  Email Address: newion@dalasnc.net  ORI NotApplicable (Identification of SKE Individual not applicable for GAAS-only audit or audits with FYES prior to. June: 30, 2020.) 2. Fees may not be included ini this contract for work performed on Annual Financial Information Reports (AFIRS), Form 990s, or other services not associated with audit fees and costs. Such fees may be included in the engagement letter but may not be included in this contract or in anyi invoices requiring approval oft the LGC. 3. Prior to the submission of the completed audited financial report and applicable compliance reports subject to this contract, or to an: amendment to this contract (if required) the Auditor may submit interim invoices for approval for services rendered under this contract to the Secretary of the LGC, not to exceed 75% of the for the unit's last annual audit that was submitted to the Secretary of the LGC. Should the 75% cap provided billings below conflict with the cap calculated by LGC Staff based on the billings on file with the LGC, the LGC calculation prevails. Alli invoices for services rendered in an audit engagement as defined in 20 NCAC .0503 shall be submitted to the Commission for approval before any payment is made. Payment before approval is a violation of law. (This paragraph not applicable to contracts andi invoices associated with audits of hospitals).  See Items 8 and 131 for details on other allowable and excludedi fees.  PRIMARY GOVERNMENT FEES  Primary Government Unit Audit Fee  Town of Dallas, North Carolina $27300.00 $ $ $ $20,475.00 DPCU FEES (if applicable) NA $ $ $ $ $ Page7  Additional Fees Not Included in Audit! Fee: Fee per Major Program Writing Financial Statements All Other Non-Attest Services 75% Cap for Interim Invoice Approval (not applicable tol hospital contracts). Discretely Presented Component Unit Additional Fees Not Included in Audit Fee: Fee per Major Program Writing Financial Statements All Other Non-Attest Services 75% Cap for Interim Invoice Approval (note applicable to hospital contracts)  Audit Fee  25    LGC-205  CONTRACT TO AUDIT ACCOUNTS SIGNATURE PAGE AUDIT FIRM  Rev. 11/2021  Audit Firm* Lowdermilk Church & Co., LLP Phillip E. Church Date* 01/12/22  Authorized Firm Representative (typed or printed)*  Tib Diak phl.chureh@lowdemilkchurchçpa.com  Email Address"  GOVERNMENTAL UNIT  Governmental Unit* Town of Dallas, North Carolina 0313Aleoa15cire, Mayor/Chalrperson (typed or printed)* Richard C. Coleman Date  Date Primary Government Unit Governing Board Approved Audit Contract*  Signature* Email Address  Chair of Audit Committee (typed or printed, or "NA") Signature  NA Date  Email Address  GOVERNMENTAL UNIT-F PRE-AUDIT CERTIFICATE Required by G.S. 159-28(a1) or G.S. 115C-441(a1). Not applicable to hospital contracts.  This instrument has been pre-audited. in the manner: required by The Local Govemment Budget and Fiscal  ControlAct or by the School Budget and Fiscal Control Act. Primary Governmental Unit Finance Offiçer* (typed orp printed Signature*  Jonathan Newton Date of Pre-Audit Certificate*  Email Address* newion@dalasnc.net  Page 8  26    LGC-205  CONTRACT TO AUDIT ACCOUNTS SIGNATURE PAGE-DPCU (complete onlyi if applicable)  Rev, 11/2021  DISCRETELY PRESENTED COMPONENT UNIT  DPCU* NA  Date DPCU Governing Board Approved Audit Contract" (Ref: G.S. 159-34(a) or G.S. 115C-447(a)) DPCU Chairperson (typed or printed)"  Signature" Email Address*  Date*  Chair of Audit Committee (typed or printed, or "NA") Signature  Date  Email Address  DPCU - PRE-AUDIT CERTIFICATE Required by G.S. 159-28(a1) or G.S. 115C-441(a1). Not applicable to hospital contracts.  This instrument has been pre-audited. in the manner required by The Local Govemment Budget andi Fiscal  Control Acto or by the School Budget and! Fiscal Control Act. DPCU Finance Officer (typed or printed)* Date of Pre-Audit Certificate"  Signature" Email Address*  Remember to print this form, and obtain all required signatures prior tos submission.  PRINTS  Page 9  27    Lowdermilk Church & Co., L.L.P. Certified Public Accountants  121 N. Sterling Street Morganton, North Carolina 28655 Phone: (828)433-1226 Fax: (828)433-1230  To thel Honorable Mayor and Members of the Boardof Aldermen Town of Dallas Dallas, North Carolina for the year ended June 30, 2022. Audit Scope and Objectives  January 12, 2022  We are pleased to confirm our understanding of the services we are toj provide for Town ofDallas, North Carolina  We will audit the financial statements oft the governmental activities, thel business-type activities, each major fund, and the aggregate remaining fund information, including the related disclosures, which collectively comprise the basic financial statements, ofTown of] Dallas, North Carolina as ofand for the year ended June 30, 2022. Accounting: standards generally açcepted in the United States of America (GAAP) provide for certain required supplementary information (RSI), such as thel Management's Discussion and Analysis (MD&A), to supplement Town ofDallas, North Carolina'st basic financial statements. Such information, although not a part of thel basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic: financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to' Town of Dallas, North Carolina's RSI in accordance with auditing standards generally accepted in the United States of America (GAAS). These limited procedures will consist ofi inquiries ofi management: regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, thel basic financial statements, and other knowledge we obtained during our audit oft the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSIi is required by GAAP and will be subjected to certain limited procedures, but will not be audited:  1) 2) 3) 4) 5)  Management's Discussion and. Analysis. Budgetary Comparison Information.  Law) Enforcement Officers' Special Separation Allowance Schedules of Changes in' Total Pension Local Government Employees' Retirement System Schedule oft the Proportionate Share ofNet] Pension  Liability and' Total Pension Liability as al Percentage ofCovered Payroll. Liability (Asset) and Schedule ofContributions. Schedule of Changes in Total OPEB Liability and] Related Ratios  We have also been engaged to report on supplementary information other than RSI that accompanies Town of Dallas, North Carolina'sf financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit oft the financial statements, and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other reçords used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with GAAS, and we will provide an opinion on it in relation to the financial statements as a whole, in  areport combined with our auditor's report ont the financial statements:  28    1) Schedule of Expenditures ofl Federal and State Awards. 2) Combining and Individual Fund: Financial Statements.  3) Budgetary Schedules. 4) Other Schedules.  The objectives of our audit are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and issue an auditor's report that includes our opinions about whether your financial statements are: fairly presented, in all: material respects, in conformity with GAAP, and report on the fairness of the supplementary information referred to in the: second paragraph when considered ini relation to the financial statements as whole. Reasonable assurance is al high level of assurançe but isI not absolute assurance. and therefore in not a guarantee that an audit conducted in accordance with GAAS and Government. Auditing Standards will always detect a material misstatement when it exists. Misstatements, including omissions, can arise from fraud or error and are considered material ift there is a substantial likelihood that, individual or in the aggregate, they would influence thej judgement ofai reasonable user based on the  financial statements, The objective also includes reporting on:  Internal control over financial reporting and compliance with the provisions ofl laws, regulations, contracts, and award agreements, noncompliance with which could have a material effect on the financial Internal control over compliance related tor major programs and an opinion (or a disclaimer of opinion) on compliance with federal statutes, regulations, and the terms and conditions of federal awards that could have a direct and material effect on each major program in accordance with the Single Audit. Act Amendments of 1996 and' Title 2 U.S. Code ofFederal Regulations (CFR)) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit. Requirements, for Federal. Awards (Uniform  statements in accordance with Government. Auditing Standards.  Guidance).  Auditor's Responsibilities for the. Audit of thel Financial Statements and Single Audit  We will conduct our audit in accordance with GAAS; the standards for financial audits contained in Government Auditing, Standards, issued by the Comptroller General oft the United States; the Single Audit Act Amendments of 1996; and the provisions oft the Uniform Guidance, and will include tests of accounting records, a determination of major program(s) in accordance with the Uniform Guidance, and other procedures we consider necessary to enable us to express such opinions. As part of an audit in accordance with GAAS and Government. Auditing Standards, we exercise professional judgement and maintain professional skepticism throughout the audit. We will evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management. We will evaluate the overall presentation oft thei financial statements, including the disclosures, and determine whether the: financial statements represent the underlying transaction and events in ai manner that achieves fair presentation. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements arei free ofr material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations oflaws or governmental regulations that are attributable to the govemnment or to acts by management or employees acting on behalf ofthe government. Because the determination ofwaste and abuse is subjective, Government. Auditing Standards do not expect auditors to perform specific procedures to detect waste or abuse in the financial audit nor do they expect auditors  toj provide reasonable assurance of detecting waste or abuse.  29    Because oft the inherent limitations of an audit, combined with the inherent limitations ofinternal control, and because we will not perform a detailed examination ofall transactions, there is an unavoidable risk that some material misstatements or noncompliance may exist and not be detected by us, even though the audit is properly planned and performed in accordance with GAAS and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations ofl laws or governmental regulations that do not have a direct and material effect on the financial statements or on major programs. However, we will inform the appropriate level ofmanagement of any material errors, any fraudulent financial reporting, or misappropriation of assets that come to our attention. We will alsoi inform the appropriate level ofmanagement of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential, and that comes to our attention. We will include such matters in the reports required fora Single Audit, Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for In connection with the engagement, we may communicate with you or others via email transmission. As emails can be intercepted and read, disclosed, or otherwise used or communicated by an unintended third party, or may not be delivered to each ofthe parties to whom they are directed and only to such parties, we cannot guarantee or warrant that emails from us will bej properly delivered and read only by the addressee. Therefore, we specifically, disclaim, and waive any liability or responsibility whatsoever fori interception or unintentional disclosure of emails transmitted by us in connection with the performance oft this engagement. In that regard, you agree that we shall have no liability for any loss or damage to any person or entity resulting from the use ofe email transmissions, including any consequential, incidental, direct, indirect, or special damages, such as loss of revenues or anticipated profits, or disclosure or communication ofo confidential or proprietary information. We will also conclude, based on the audit evidence obtained, whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the government's ability to continue as a going concern for Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts and may include tests ofthe physical existence ofi inventories and direct confirmation ofreceivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will also request written representations from your attorneys as part oft the engagement, and they Wel havei identified the following significant risk(s) ofmaterial misstatement as part of our audit planning.  material ofany  abuse  which we: are note engaged as auditors.  reasonable period oft time.  may bill you for responding to this inquiry.  Improper revenue. recognition. Management override ofcontrols.  The significant risks above were identified in the prior-period audit and we believe they are still relevant.  However, planning has not been concluded. and modifications may be made.  Audit) Procedures- -Internal Control  We will obtain an understanding oft the government andi its environment, includingi internal control relevant to the audit, sufficient toi identify and assess the risks ofn material misstatement oft the financial statements, whether due to error or fraud, and to design and perform procedures responsive to those risks and obtain evidence that is sufficient and appropriate toj provide a basis for our opinions. The risk ofnot detecting ai material misstatement resulting from fraud is higher than one resulting from error, as: fraud may involve collusion, forgery, intentional omissions, misrepresentation, or the override ofi internal control. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to thei financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less ins scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will bee expressed in our report on internal control issued pursuant to Government  Auditing Standards.  30    As required by thel Uniform Guidance, we willj perform tests of controls over compliance to evaluate the effectiveness oft the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major federal award program. However, our tests willl be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to the Uniform Guidance. An audit is not designed toj provide assurance on internal control or to identify significant deficiencies or material weaknesses. Accordingly, we will express no such opinion. However, during the audit, we will communicate to management and to those charged with governance internal control related: matters that are required to be communicated under AICPA professional standards, Government Auditing Standards, and thel Uniform Guidance.  Audit) Procedures-- Complianee  As part of obtaining reasonable assurance about whether the financial statements are free ofmaterial misstatement, we will perform tests ofTown ofDallas, North Carolina's compliançe with provisions ofapplicable laws, regulations, contracts, and agreements, including grant agreements. However, the objective oft those procedures will not be to provide an opinion on overall compliance, and we will not express such an The Uniform Guidance requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with applicable federal statutes, regulations, and the terms and conditions of federal awards applicable to major programs. Our procedures will consist of tests oftransactions and other applicable procedures described in the OMB Compliance Supplement for thet types of compliance requirements that could have a direct and material effect on each ofTown of] Dallas, North Carolina's major programs. For federal programs that are included in the Compliance Supplement, our compliance and internal control will relate to the compliance requirements that the Compliance Supplement dentifies as being subject to procedures audit. The purpose oft these procedures will be to express an opinion on Town ofl Dallas, North Carolina's compliance with requirements applicable to each ofi its major programs in our report on compliance issued pursuant to the  in opinion  our  report on compliance issued pursuant to Government, Auditing Standards.  Uniform Guidance. Other Services  We will also assist in preparing the financial statements, the Schedule of) Expenditures of Federal and State Awards, and the related notes ofTown ofl Dallas, North Carolina in conformity with accounting principles generally accepted in the United States of America and the Uniform Guidance based on information provided you, We will also prepare the following based on information provided by you: AFIR, Data Collection Form by and Unit Data Input Worksheet. These nonaudit services do not constitute an audit under Government. Auditing Standards, and such services will not be conducted in accordance with Government, Auditing Standards. We will perform the services in accordance with applicable professional standards. The other services are limited to the financial statements, the Schedule of Expenditures of Federal and State. Awards, and the related notes services previously defined. We, in our solej judgement, reserve the right toj refuse to perform any procedure or take  action that could be construed as assuming management responsibilities. Responsibilities of Management for the) Financial Statements and Single Audit  any  Our audit will be conducted on the basis that you acknowledge and understand your responsibility for (1) designing, implementing, establishing and maintaining effective internal controls relevant to the preparation and fair presentation ofi financial statements that are free from material misstatement, whether due to fraud or error, including internal controls over federal and State awards, and for evaluating and monitoring ongoing activities to help ensure that appropriate goals and objectives are. met; (2) following laws and regulations; (3) there is reasonable assurance that govemment programs are administered in compliance with compliance ensuring requirements; and (4) ensuring that management and financial information is reliable and properly reported. Management is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of  that  31    accounting principles; for thej preparation and fair presentation ofthef financial statements, the Schedule of Expenditures of! Federal and State Awards, and all accompanying information in conformity with accounting principles generally accepted: int the United States of America; and for compliance with applicable laws and regulations (including federal statutes) and the provisions of contracts and grant agreements (including award agreements). Your responsibilities also include identifying significant contractor relationships in which the contractor has responsibility for program compliance and for the accuracy and completeness ofthat information. You are also responsible for making drafts of financial statements, the Schedule of) Federal and State Awards, all financial records and related information available to us and for the accuracy and completeness ofthat information (including information from outside oft the general and subsidiary ledger). You are also responsible for providing us with (1) access to all information ofwhich you are aware that is relevant tot the preparation and fair presentation oft the financial statements, such as records, documentation, identification of all related parties and all related-party relationships and transactions and other matters; (2) access toj personnel, accounts, books, records, supporting documentation, and other information as needed to perform an audit under the Uniform Guidance; (3) additional information that we: may request: for the purpose oft the audit; and (4) unrestricted access toj persons within the government from whom we determine it necessary to obtain audit evidence. Att the conclusion of our audit, we will require certain written representations from you about the financial statements; the Schedule ofExpenditures of Federal and State Awards; federal award programs; compliance with laws, You are responsible for the design and implementation of programs and controls to prevent and detect fraud and fori informing us about alll known or suspected fraud affecting the government involving (1) management, (2) employees whol have significant roles in internal control, and (3) others where fraud could have at material effect on the financial statements. Your responsibilities include informing us ofyour knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the government complies with applicable laws, regulations, contracts, agreements, and grants. You are also responsible for taking timely and appropriate steps to remedy fraud and noncompliance with provisions ofl laws, regulations, contracts and grant agreements that we report. Additionally, as required by the Uniform Guidance, it ism management's responsibility to evaluate and monitor noncompliance with federal statutes, regulations, and the terms and conditions of federal awards; take prompt action when instances ofnoncompliance are identified including noncompliance identified in audit findings; promptly follow up and take corrective action on reported audit findings; and prepare as summary schedule of prior audit findings and as separate corrective action plan. The You arei responsible fori identifying all federal and State awards received and understanding and complying with the compliance requirements and for the preparation ofthe Schedule of Expenditures of) Federal and State Awards (including notes and noncash assistance received, and COVID-19: related concepts, such as lost revenues, if applicable) in conformity with the Uniform Guidance. You agree to include our report on the Schedule of Expenditures ofl Federal and State Awards in any document that contains, and indicates that wel have reported on, the Schedule ofE Expenditures ofF Federal and State Awards. You also agree to include the audited: financial statements with any presentation oft the Schedule ofExpenditures of Federal and State. Awards that includes our report thereon OR make the audited financial statements readily available to intended users of1 the Schedule of Expenditures of Federal and State Awards no later than the date the Schedule of Expenditures ofl Federal and State. Awards is issued with our report thereon. Your responsibilities include acknowledging to us int the written representation letter that (1): you: are: responsible for presentation oft the Schedule of Expenditures of] Federal and State Awards in accordance with the Uniform Guidance; (2): you believe the Schedule ofl Expenditures ofF Federai and State Awards, including its form and content, is stated fairly in accordance with the Uniform Guidance; (3) thei methods of measurement or presentation have not changed from those used in the prior period (or, ift they have changed, the reasons for such changes); and (4): you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation oft the Schedule ofl Expenditures ofFederal and State  regulations, contracts, and grant agreements; and related matters.  summary schedule ofp prior audit findings should be available for our review on [Date).  Awards.  32    You: are also responsible for thej preparation oft the other supplementary information, which wel have been engaged to report on, in conformity with U.S. generally accepted accounting principles. You agree to include our report on the supplementary information in any document that contains, and indicates that we have reported on, the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon OR make the audited financial statements readily available to users ofthe supplementary information no later than the date the supplementary information is issued with our: report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1)you are. responsible for presentation oft the supplementary information in accordance with GAAP; (2): you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP; (3) the methods ofr measurement or presentation. have not changed from those used in the prior period (or, ifthey have changed, the reasons for such changes); and (4): youl have disclosed to us any significant assumptions ori interpretations underlying the measurement orj presentation of the supplementary information. Management is responsible for establishing and maintaining aj process for tracking the status of audit findings and recommendations. Management is also responsible for identifying and providing report copies of previous financial audits, attestation engagements, performance audits, or other studies related to the objectives discussed int the Audit Scope and Objectives section ofthis letter. This responsibility includes relaying to us correçtive actions taken to address significant findings and recommendations. resulting from those audits, attestation engagements, performance audits, or studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions for the report, and With regard to publishing the financial statements on your website, you understand that websites are a means of distributing information and, therefore, we are not required to read the information contained in those sites or to You agree to assume all management responsibilities for the financial statements, the Schedule ofl Expenditures of Federal and State Awards, and the related notes, and any other nonaudit services we provide. You will be required to acknowledge in the management representation letter our assistance with preparation oft the financial statements, the Schedule of] Expenditures ofFederal and State. Awards and the related: notes, and that you have reviewed and approved the financial statements, the Schedule of] Expenditures of Federal and State Awards, and the related notes prior to their issuance and have accepted responsibility fort them. Further, you agree to oversee the nonaudit services by designating an individual, preferably from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and results ofthose services; and acceptresponsibiliy for them. We understand that your employees will prepare all cash, accounts receivable, or other confirmations we request You may request that wej perform additional services not addressed in this engagement letter. Ifthis occurs, we will communicate with you regarding the scope oft the additional services and the estimated fees. We also may issue a separate engagement. letter covering the additional services. In the absence ofany other written communication from us documenting such additional services, our services will continue to be governed by the At the conclusion ofthe engagement, we will complete the appropriate sections of the Data Collection Form that summarizes our audit findings. Iti is management's responsibility to electronically submit the reporting package (including the financial statements, the Schedule ofl Expenditures of Federal and State Awards, the Summary Schedule of] Prior Audit Findings, the auditors' reports, and corrective action plan) along with the Data Collection Form to the federal audit clearinghouse. We will coordinate with you the electronic submission and certification. The Data Collection Form and the reporting package must be submitted within the earlier of30 calendar days  fort the timing and format for providing that information.  consider the consistency of other information on the website with the original document.  Engagement Administration, Fees, and Other and will locate any documents selected by us for testing.  terms oft this engagement letter.  after receipt oft the auditors' reports or nine months after the end ofthe audit period.  33    We will provide copies of our reports to the' Town; however, management is respousible for distribution ofthe reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are tol be made available for public inspection. The audit documentation for this engagement: is thej property ofLowdermilk Church & Co., L.L.P. and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request, andi in ai timely manner, to the! Locai Government Commission ori its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes ofa quality review oft the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notifys you ofany such request. Ifrequested, access to such audit documentation will be provided under the supervision ofLowdermilk Church & Co., L.L.P. personnel. Furthermore, upon request, wei may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including The audit documentation: for this engagement will be retained for al minimum ofi five years after the report release date or for any additional period requested byt the Local Government Commission. Ifwe are aware that a federal awarding agency, pass-through entity, or auditee is contesting an audit finding, we will contact thej party(ies) Phillip E. Church is the engagement partner and is responsible for supervisingi the engagement and signing the reports or authorizing another individual to sign them. We expect to begin our audit on approximately To ensure that Lowdermilk Church & Co., L.L.P.'s independence is noti impaired under the AICPA Code of Professional Conduct, you agree toi inform the engagement partner before entering into any substantive Our audit engagement ends on delivery of our audit report. Any follow-up services that might be required will be as separate, new engagement. The terms and conditions ofthat new engagement will be governed by a new, Our fee for these services willl be at our standard hourly rates, plus out-of-pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.) except that we agree that our gross fee, including expenses, will not exceed $27,300. Our standard hourly rates vary according to the degree of responsibility involved and the experience level oft the personnel assigned to your audit. Our invoices for these fees will be rendered each: month as work progresses and are payable on presentation. In accordance with our firm policies, work may bes suspended ifyour account becomes 30 days or more overdue and may not be resumed until your account is paid in full. Ifwe elect toi terminate our services for nonpayment, our engagement will be deemed tol have been completed upon written notification of termination, even if wel have not completed our report(s). You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date oftermination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the engagement. Ifsignificant additional time is necessary, we willl keep you informed of any problems we encounter and our: fees will be adjusted accordingly. We are required toi inform you that we charge interest at a rate of18% per annum on all  other governmental agencies.  contesting the audit finding for guidance prior to destroying the audit documentation.  September 19,2022.  employment discussions with any of our personnel. specific engagement letter for that service,  invoices over 30 days old.  34    We willi issue written reports upon completion of our Single Audit. Our reports will be addressed to the Mayor and the] Board of Aldermen ofTown ofDallas, North Carolina. Circumstances may: arise in which our report may differ from its expected form and content based on the results of our audit. Depending on the nature ofthese circumstances, it may be necessary for ust to modify our opinions, add a separate section, or add emphasis-of- matter or other-matter paragraph to our report, ori ifnecessary, withdraw from this engagement. Ifour opinions are other than unmodified, we will discuss the reasons with youi in advance. If, for any reason, we are unablei to complete the audit or are unable toi form or have not formed opinions, we may decline to express opinions or issue Ifcircumstances occur related to the condition of your records, the availability ofs sufficient, appropriate audit evidence, or the existence ofa significant risk ofr material misstatement oft the financial statements caused by error, fraudulent: financial reporting, or misappropriation ofassets which in our professional. judgement prevent us from completing the audit or forming an opinion on the financial statements, we retain the right to take any course ofaction permitted by professional standards, including declining to express an opinion ori issue reports, or The Government Auditing Standards report on internal control over financial reporting and on compliance and other matters, will states that (1) the purpose oft the report is solely to describe the scope of testing ofi internal control and compliance, and the results oft that testing, and not toj provide an opinion on the effectiveness oft the entity'si internal control or on compliance, and (2) the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. The Uniform Guidance report on internal control over compliance will: state that the purpose oft the report on internal control over compliance is solely to describe the scope oftesting ofi internal control over compliance and the results oft that testing based on the requirements oft the Uniform Guidance. Both reports will: state that the report is Youl have requested that we provide you a copy of our most recent external peer review report and any subsequent reports received during the contract period. Accordingly, our 2021 peer review report açcompanies this letter. We appreciate the opportunity to be ofserviçe to' Town of Dallas, North Carolina and believe this letter accurately summarizes thes significant terms of oure engagement. Ifyou have any questions, please let us know. Ifyou agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us.  reports, or we may withdraw from this engagement  withdrawing from the engagement.  nots suitable for any other purpose.  Very truly yours,  PhillipE E.hurch Partner  GEplho  35    RESPONSE:  This letter correctly sets forth the understanding ofTown of Dallas, North Carolina.  Management signature: Title: Date:  Governance signature: Title: Date:  36    bC Bernard Robinson & Company, L.L.P.  Réport on thel Firm's System of Quality Control  November 2, 2021  To thel Partners ofLowdermilk, Church & Co., L.L.P. and the Peer Review Committee ofthe Coastal Peer Review, Inc.  We have reviewed thé system of quality control fort the accounting and auditing practice ofLowdermilk, Church & Co.,L.L.P. (the firm) in effect for the year ended May 31, 2021. Our) peer review was conductedi in accordançe with the Standards for Performing and Reporting on Peer Reviews established by the Peer Review Board of the A summary of the nature, objectives, scope, limitations of, and the procedures performed in a System Review as described in the Standards may be found at wwwacpaagprsummay. The summary also includes an explanation ofhow engagements identified: asi not performed or reported inc conformity with applicable] professional standards, if The firm ist responsible for designing a system of quality control and complying with it to provide the firm with reasonable assurance ofpertommingamirpatigi in conformity with applicableprofessional. standardsi in allr material respects. The firm is also responsible for evaluating actions to promptly remediate engagements deemed as not performed or reportedi in conformity with professional standards, when appropriate, and fori remediating weaknesses Our responsibility: is to express an opinion on the design of the system of quality control and the firm's compliance Engagements selected for review included an engagement performed under Government Auditing Standards, Asapart ofo ourj peer review, we consideredre reviews by regulatory entities as communicated byt thei firm, ifapplicable,  American Institute ofCertified) Public Accountants (Standards).  any, are evaluated by aj peer reviewer to determine aj peer review: rating.  Firm's Responsibility  ini its system of quality control, if any. Peer Reviewer's! Responsibility therewith based on our review, Required Selections and Çonsiderations including a compliance audit under the Single Audit Act. in determining thet natures and extent of our procedures.  Opinion  Inc our opinion, the system of quality control for the açcounting and auditing practice ofLowdermilk, Church & Co.,LL.P. in effect fort they year énded May31,2021, has been suitably designed and complied with toj provide the firm with reasonable assurance ofperforming and reportingi in conformity with applicable professional standards in all material: respects. Firms can reçeive ai rating of pass, pass with deficiencyfies) orfail. Lowdermilk, Church &  Co., L.LP. has received aj peer review rating of pass. Benad ReismiConpryi &KE BERNARD: ROBINSON & COMPANY,L.LP. 1501 Highwoods Blvd., Ste. 300 (27410) P.O. Box 19608 I Greensboro, NC 27419 P: 336-294-4494 e F: 336-294-4495 brccpa.com  37    Directory ofGovernmental Unit: and Audit Firm Officials  Town ofDallas Governmental Unit Lowdermilk Church & Co..L.L.P. Auditor for the 2021-2022 Fiscal Year  COVERAMENTALUNIT  AUDITOR  1. ELECTED OFFICIAL: board for all other units). Richard C. Coleman Mayor 2. MANAGER: Executivel Director, ete.)  CONTACTPERSON: Partner or other person withl fort the firm) Phillip E. Church Partner  (Mayor for Munlcipalities and chairperson ofgoverning  legal authority to contract Name Title  Name Title  (Orp person whos servesi int this capacity e.g. Admimistrator,  (828)433-1226 (828)433-1230  Phone! No. Faxl No. E-MailA Address  N/A Name Title  philchurch@lomdermilchurclcp.com  3.F FINANCEOFHICER: Jonathan Newton Finance Director (704) 922-3176 (704)922-4701 Jnewlon@dalasnenet Notes:  2, AUDITOR. ANTICIPATES PREPARING THE) FOLLOWING  TYPE OF REPORT: (Check ther mppropriate box)  Name Title Phonel No, Fax No. E-Mail Address  x General Purpose) Financial Statements with individual fund, and account groupi financial combining, statenents, and schedules required by the) LGC Comprehensive Anniall Financial Report (CAFR) including schedules required by the LGC  1. Please type alli information on this questionnaire.  2. The audit firm representative, the elected official, and the finance officer reported on this questionnaire should 3. Thei information on this questionnaire willl be used in official correspondence: from the Local Government and the Commission must be notified ofa any changes int the persons holding these positions.  agree with the persons reported on the Contract to Audit Accounts,  Commission,  38    TOWN OF DALLAS, NORTH CAROLINA  REQUEST: FOR: BOARD. ACTION  DESCRIPTION: Lineworker Appreciation Days 2022  AGENDA ITEMNO.5D BACKGROUND INFORMATION:  MEETINGDATE: 4/12/2022  On April 15, 2015, the North Carolina General Assembly ratified House Bill 140, which designates the second Monday in April of each year as. Lineman Appreciation Day in North Carolina. Subsequently, on January 3, 2017, the 115th Congress oft the United states adopted House Resolution 10: recognizing lineworkers, the profession of1 lineworkers, the contributions made by the profession toj protect public safety, and expressing support the designation of April Attached is ai resolution expressing appreciation for the lineworkers oft the' Town ofI Dallas, as well as all those in thej profession; and recognizing Lineworker Appreciation Days in April 2022.  18 as National Lineman. Appreciation Day.  MANAGER RECOMMENDATION: Approve the resolution as presented.  BOARD ACTION TAKEN:  39    Resolution! laohaleonwlamohaDaumglamale. Appreciation Days  ApallamdApdl182022  WHEREAS, on. January 3,2017, the 115th Congress oft the United States adopted House Resolution 10 recognizing lineworkers, the profession oflineworkers, the contributions these men and women make to protect public safety, and expressing support for the designation of April 18 as National Lineman Appreciation Day;  and  WHEREAS, on. April 15, 2015, the North Carolina General Assembly ratified House Bill 140, which designates the second Monday in Apihgfeahy-.tnemnappralntion Dayi in North Carolina; and WHEREAS, the' TowhofDallas Board, ofAldermen w4saeféatis lineworkers and wishes to recognize.its pgnipsaunN. fortherservice tothe TownofDallas and its  ,  citizens; and  N  WIEREASAA4mIE employ a daieaMHppboyu: lectic-incworkers. responsible pumgmopinaining the distribution) lines aa bring clectrictyope.nr businesses,  constantly deyoinghehsclyés to their duty; and  WHEREAS hsprgr-sJonlemand: passjondedicatign, andongoing training and requires lineworkers tomaintamthe, linesaround the-clo ensuring, they çan provide safe, reliablee energytothe  communityand:  WHEREAS lineworkersares oftenfirst righders during storms, working toi repairbrokenand damagedpiectrolnes under,hazardous conditions anorder tomaket therarea safe for other pabiesitelyheroes;  and  EA ya  56 H;  L  4  WINASIRPly, a vital roleinathel livegtoltcntixens   by maintaininnigowig our  electrical infrastructure puttingtheir) lves oni the line eyérydaxs Norking, with the many.dangers. ofhigh  voltage; and  WHEREAS,the! ingworkersoDallas elegtridutility and the e exampleof serviceabovesetare NOW,THEREFORE BBIT: RISOIMEVALHDATENenN Carolinajoiris,with: all-N.C. Public Power communities and publio powersystems inthe United States in sKMboffowoist  deserving oft ther respectjadmiration, and appreciationofall the/citizéns ofDallas,    Appreciation Days.  Adopted this the 12"dayofA Ami3n2 CARD  Rick Coleman, Mayor  Attested by:  Sarah Hamrick, Town Clerk  40    TOWN OF DALLAS, NORTH CAROLINA  REQUEST FOR BOARD ACTION  DESCRIPTION: Economic Development APmemasaefrwpatvya W. Carpenter St.  AGENDAITEMNO.6A BACKGROUND INFORMATION:  MEETINGDATE: 04/12/2022  At the March, 2022 Board of Aldermen Meeting, the Board unanimously adopted ai resolution desingating 5.25 acres ofTown-owned property for economic development purposes, pursuant to Pursuant to NCGS $158-7.1, the' Town and Gaston Aquatics, Inc. may enter into an Economic Development Agreement as part oft the sale ofthe property located at 642 W. Carpenter St. The proposed Economic Development Agreement and General Warranty Deed are provided in the Aresolution authorizing the sale of 642 W. Carpenter St. and authorizing and implementing the  NCGS $158-7.1.  agenda packet.  Economic Development Agreement is also included.  MANAGER RECOMMENDATION: Approve the resolution authorizing the sale of642 W. Carpenter St. and authorizing and implementing the Economic Development Agreement.  BOARD ACTION TAKEN:  41    STATE OF NORTH CAROLINA COUNTY OF GASTON  ECONOMICDEVELOPMENT AGREEMENT  THIS ECONOMIC DEVELOPMENT AGREEMENT, pursuant to N.C.G.S. 158-7.1, OF DALLAS, NORTH CAROLINA, a North Carolina municipal corporation (hereinafter referred to as "TOWN") and GASTON AQUATICS, INC., with an office and place of business in Gaston County, North Carolina (hereinafter referred to as "OWNER");  made and entered into this the  day of  2022, by and between THE TOWN  WITNESSETH:  WHEREAS, OWNER and TOWN intend to engage in and provide Economic Development located in the Town of Dallas, Gaston County, North Carolina, which will stimulate the local economy, and increase employment and business prospects oft the' Town. WHEREAS, as authorized by N.C.G.S. $ 158-7.1 the TOWN, has agreed to sell to OWNER, pursuant to that certain Agreement for Purchase and Sale of Real Property dated Carpenter Street, Dallas, NC (Parcel ID 212805) (the "Property"), subject to restrictions, conditions, and covenants, for development of an aquatic center, and more particularly described  ("Purchase Agreement") the surplus property located at 642 W.  as:  Beginning at a 1" pipe, said pipe being located South 48 degrees 38 minutes 55 seconds West a distance of 1722.13 feet from NC Grid Monument "Hopeman", Hopeman" being located North 84 degrees 44 minutes 43 seconds West a distance of 2005.39 feet from NC Grid Monument "Dallas"; thence running, adjoining the lands of the Gaston County Board of Education, Gaston County Deed Book 668 Page 438, South 09 degrees 32 minutes 28 seconds East a distance of 386.42 feet to a 1" pipe; thence continuing South 04 degrees 01 minutes 59 seconds East a distance of 299.65 feet to a rebar; thence continuing South 01 degrees 09 minutes 06 seconds West a distance of 224.27 feet to an iron pin set; thence three (3) new lines, dividing the lands of Advantage Investment Group LLC, Gaston County Deed Book 4087 Page 764, as follows: 1)N North 51 degrees 29 minutes 34 seconds West a distance of 179.04 feet to an iron pint set; 2) North 58 degrees 40 minutes 41 seconds West a distance of154.17 feet to an iron pin set; 3) North 29 degrees 17 minutes 47 seconds West a distance of 158.80 feet to a rebar in the right-of-way of US Hwy #321, a control access highway; thence running with said right-of-way the following three (3) courses and distances: 1) North 08 degrees 59 minutes 27 seconds East a distance of 208.07 feet to ai right-of-way monument; 2) North 03 degrees 52 minutes 39 seconds East a distance of 193.82 feet to a right-of-way monument; 3) an arc to the right with ai radius of2176.83 an arc length of 192.84, and a chord North 08 degrees 03 minutes 36 seconds East and a distance of 192.77 feet to a rebar; thence running, adjoining the lands of Ingles Markets Inc., Gaston County Deed  001123ECONOMIC DEVBLOPMENT AGREEMENT  Page 1  42    Book 4297 Page 1969, South 85 degrees 27: minutes 06 seconds East a distance of197.48 feet to the point and placeofbeginning. Parcel #212805 Deed Book 4442 Page 783. WHEREAS, pursuant to NCGS 158-7.1 and NCGS 160A-320, The TOWN agrees to provide funds from the sale of the property for use in sewer, water, and electrical and other such utilities and connections for the Project, up to the purchase price in the Purchase Agreement of  $124,900.00.  WHEREAS, The Board of Aldermen of the' Town ofDallas ("Town Board") conducted a  public hearing pursuant to NCGS 158-7.1(d) on notice published in the Gaston Gazette on  after 10 days' prior to consider the approval ofthis  Agreement. The published notice of such public hearing described the interest to be conveyed, the value of the interest, the proposed consideration for the conveyance, the Town Board's intention to approve the conveyance, and all other information required by NCGS 158-7.1(d) for  aconveyance ofinterests in real property pursuant to that section.  WHEREAS, on  the Town Board made all determinations required by  NCGS 158-7.1(d), including the probable average hourly wage to be paid to workers by the business to be located at the property to be conveyed and the fair market value of the interest, subject to whatever covenants, conditions, and restrictions the Town proposes to subject it to,  and authorized the entry of the Town into this Agreement.  NOW, THEREFORE, in consideration of the foregoing, the benefits accruing to OWNER, the representations and mutual promises contained herein, the parties hereto agree as  follows:  1. Term. The term of this agreement (herein "Agreement") shall begin upon execution and continue through the completion of construction of a minimum 30,000 square foot building upon the land; and shall thereafter terminate upon the operation of a properly permitted, inspected, licensed, and fully functional Aquatic Center" for a continuous and uninterrupted period of three (3) years, unless sooner terminated as provided for herein. The Aquatic Center shall contain one or more aquatic venues in an indoor facility and support infrastructure, including surrounding bather and 2. Conveyance. In exchange for the investment by the OWNER, the creation of new jobs paying the average hourly rate as stated herein by the OWNER and the operation ofa fully functional, properly permitted and licensed aquatic center, continuously and uninterrupted for a period of three (3) years by OWNER all of which shall take place and be located at the Property, the TOWN agrees to sell, grant and convey the Property for $124,900.00, pursuant to the terms ofthe Purchase Agreement, subject to restrictions, conditions and covenants within time parameters set forth in this Agreement, in addition to the restrictions, conditions and covenants that run with the land and will bei included in the Deed, the form ofwhich is attached hereto as Exhibit "A".OWNER shall submit appropriate documentation of expenditures or information  spectator areas, mechanical rooms, and bath and locker rooms.  00111233ECONOMICDEVELOPMENT, AGREEMENT  Page 2  43    needed to show compliance with the Agreement including but not limited to: investment, job creation requirements and operation of an aquatic center by OWNER at 642 W. Carpenter Street, Dallas, NC for an uninterrupted period ofthree (3) years. 3. Project. The project (herein "Project") consists of the OWNER's purchase of TOWN owned land at 642 W. Carpenter Street, Dallas, NC, for $124,900.00, construction of a new aquatic center building and grounds, purchase of equipment, installation of equipment, and operation ini the Town of Dallas, Gaston County, North Carolina. The completed project when operational will provide new part-time and full-time employment with a probable average hourly wage of $14.00 per hour in the Dallas area. The completed project when operational will continue uninterrupted as a properly licensed and inspected aquatic center for aj period oft three (3) years.  4. Construction.  a. The TOWN will employ the Engineering services of Diamond Engineering as Town Engineer. The Town Engineer will ensure that the construction and development of the aquatic center and grounds proceeds according to Plans, Drawings, State and Local Building Codes, Zoning Ordinances, and other laws, regulations, and codes of the State of North Carolina, Gaston County, and the Town ofDallas. The OWNER agrees to cooperate with the Town Engineer in all aspects and will allow the Town Engineer to inspect all aspects of the development, construction, documents, paper writings, etc. to ensure compliance with this Agreement and any and all State and Local Building Codes, Zoning Ordinances, and other laws, regulations, and codes of the State of North Carolina, Gaston County, and the Town of Dallas. The Town Engineer will not interfere with or communicate with code inspectors. Failure of the Agreement to address a particular permit, condition, term, or restriction does not relieve the OWNER of responsibility of complying with the law governing the permitting requirement, conditions, terms, or restrictions. Owner will, during the design process or design phase of the development of the Project, develop and implement a design review process in addition to the Town's review process set forth in its ordinances that will provide Town and its professional staff the right to review and approve, or suggest reasonable modifications to the construction plans, drawings, and specifications. Owner shall provide a final copy of all construction plans and specifications as well as all written change orders that materially change the aesthetics or integrity of the building or that change the costs of the Project by more than $100,000 to the Town Manager or her designee for approval. If the Town Manager or her designee does not approve the same within 10 business days ofreceipt, they shall be deemed approved. Owner shall provide a copy of all non-material written change orders to the Town Manager or her designee sO that at all times the Town has the current plans and specifications on file. The Town acknowledges that Owner will have control over the stylistic components of the Project and that it will not reject the construction plans, drawings and specifications, or change orders to same, for stylistic reasons, Thereafter, Owner  01123ECONOMICDEVELOPMENT AGREEMENT  Page 3  44    will perform the work of the Project consistent with the terms and conditions described herein and otherwise in accordance with the terms and conditions of such construction plans and specifications approved by the Town (the "Approved b. The OWNER will employ the services of a General Contractor for the C. Schedule of Development. The Development Plan attached hereto as Exhibit "B" has been approved by the Town Board. Material modifications to the Development Plan are subject to Town Board and regulatory approval. Owner shall close on any construction financing it intends to secure for the development ofthel Property within twelve (12) months oft the Closing, pursuant to paragraph 5 below, or in the alternative present documentation to the Town Manager within twelve (12) months ofthe Closing that it has secured sufficient equity to complete the Project in accordance with this Agreement. Owner shall diligently pursue substantial completion of the development of the Property within thirty-six (36) months of Closing, as evidenced by an issuance of a final certificate of occupancy, in compliance with the Development Plan. Owner shall hold a grand opening of the aquatic center pursuant to the Development Plan ("Grand Opening") within six (6) months ofi issuance of the final certificate of occupancy. Owner shall be entitled to ai reasonable extension oft these development time lines should the Owner be delayed by events beyond the Owner's reasonable control, which Town shall grant in its reasonable discretion for good cause shown. The Parties agree that a material inducement to Town for conveying the Property to Owner is Owner's commitment to operate a vibrant enterprise within the Property, bringing in a steady and continuous flow of patrons, thereby giving greater exposure to the Town. Therefore, the Parties agree that for a period of thirty-six (36) months after the Grand Opening ("Restriction Period"), Owner shall not abandon or vacate the Property, nor shall Owner change the uses of the Property from the uses outlined in the Development Plan, but Owner shall continuously, throughout the term oft the Restriction Period, in good faith conduct and carry on, for at least thirty (30) hours per week (the "Required Occupancy"), the aquatic center, and shall provide personnel, equipment, and furnishings commensurate with such uses. The Required Occupancy shall be reduced for reasonable periods of time when Owner cannot conduct the operations of the aquatic center within the Property as a result of Force Majeure, state of emergency declarations, casualty, condemnation or closures due to interruptions of utilities or services as a result of acts, negligence or omission of Town or Town's agents, invitees, employees, representatives or contractors. The Required Occupancy shall likewise be reduced for closures due to (or in connection with) Federal or North Carolina recognized holidays. Any closures resulting in non- compliance with the Required Occupancy that are caused by or related to inventory purposes, alterations, repairs, cleaning, maintenance, upfitting,  Plans and Construction Documents.") development ofthe Project.  001123ECONOMICDEVELOPMENT AGREEMENT  Page 4  45    reconfigurations and/or remodeling in or to the Property, shall be limited to no more than an aggregate ofs sixty (60) days in the Restriction Period for any and all 5. Financing. Owner shall close, within twelve (12) months of purchasing the Property, on a construction loan ("Construction Loan"), or other financing reasonably approved byt the Town Manager that allows periodic withdrawals based upon completion ofthe work in furtherance of the Project. In the alternative, Owner shall present documentation to the Town Manager within twelve (12) months of the Closing that it has secured sufficient equity to complete the Project in accordance with this Agreement. Town agrees that all terms, conditions, and requirements of this Agreement are subordinate to the Construction Loan with the exception of the Town's Option to Repurchase in paragraph 201 below, which Town expressly reserves in the event of foreclosure. In the event that Owner can demonstrate to the Town that Owner is unable to receive a construction loan as aforesaid due to the terms of this Agreement, the Parties agree to negotiate in good faith to revise this Agreement as necessary to be acceptable to the Parties and the construction lender, but such an event does not extend or waive the Owner's responsibility to secure a construction loan, other financing, or equity financing within twelve (12) months of purchasing the 6. Representations of Owner. OWNER makes the following representations as the  ofsaid closures.  Property: pursuant to this section.  basis for the undertakings on its part herein contained:  Standing. The OWNER is a duly organized and existing North Carolina corporation under the laws oft the State of North Carolina. The OWNER has the power and authority to enter into this Agreement, toj perform its obligations under, and consummate the transactions contemplated by this Agreement, and has Continuity. The OWNER intends to operate the completed Project as aquatic center within the TOWN continuously and uninterrupted for three (3) years.. Timing. The OWNER agrees to close the purchase of the Property pursuant to the  authorized the execution and delivery ofthis Agreement.  terms oft the Purchase Agreement.  7. Representations of' Town. The Town represents and warrants to Owner that:  a) Town has the full right, power, and authority to enter into this Agreement and toj perform its obligations under this Agreement without contravention of any obligation on the part ofOwner, whether statutory, contractual or otherwise; b) Town will execute, deliver and perform this Agreement in accordance with all  applicable laws and ordinances;  011233ECONOMIC: DEVELOPMENT/ AGRBEMENT  Page 5  46    c) To the actual knowledge of the Town Manager and the Town Attorney, no modification of the laws and ordinances applicable to the Property, including land development regulations, is necessary for the Project to conform to those laws and ordinances, other than a rezoning to allow the construction of the aquatic center (if any), and a potential zoning text amendment to adjust the d) To the actual knowledge of the Town Manager and the Town Attorney, the Property is not the subject of any litigation, pending or overtly threatened, or other judicial or quasi-judicial procedure which would, if determined unfavorably to the Town, settled or otherwise resolved by the Town, result in any financial liability on the part of Owner or interfere with the development e) To the actual knowledge of the Town Manager or the Town Attorney, the Property is not the subject of any procedure for the taking of the Property by eminent domain, in whole or in part, pending or overtly threatened by the Town or any other governmental authority with the power ofe eminent domain; f) To the actual knowledge of the Town Manager or the Town Attorney, no one has made any claim to title to the Property, in whole or in part, superior to the g) To the actual knowledge of the Town Manager or the Town Attorney, the Town has not received any notice from any governmental agency, state, federal or local, that the Property is in violation of or the subject of an investigation regarding the potential violation of any Laws and Ordinances, including laws of the United States or the State regarding the presence, storage, transport, spillage, removal or remediation of! hazardous or harmful substances on the Property, or the presence, storage, transport, spillage, removal or remediation of hazardous or harmful substances on properties adjacent to the Property as a result of their origination on or passage through  setbacks to better facilitatei the anticipated use;  oft the Project;  claim oft the Town by virtue ofits chain oftitle;  the Property.  8. Limitation. The Property provided in accordance with this contract is to be used for economic development purposes in accordance with N.C.G.S. $ 158- 7.1 of the TOWN for the construction, development, and operation of an aquatic center by 9. Records. The OWNER agrees that it will supply to the TOWN, or designee, agent, Town Engineer, or auditor, good and sufficient, certified and auditable evidence of the OWNER's compliance with the terms and conditions of this Agreement and the restrictions, and covenants within the deed and such records, information, reports and verification relating to expenditures of funds or the operations of the OWNER as may  OWNER at the Property during the term oft this Agreement.  0123ECONOMIC DEVBLOPMENT AGREEMENT  Page 6  47    reasonably be requested by the TOWN. The OWNER agrees that the TOWN shall have access to the records and premises of the OWNER at all reasonable times, and the OWNER agrees to submit such reports as the TOWN shall request pertaining to the construction and development and/or the operations of the aquatic center as the TOWN deems necessary to verify compliance. The OWNER shall maintain a written accounting and documentation of all of its receipts and disbursements from any lending institution relating to the project which are the subject oft this Agreement. 10. Defaults by Owner and Remedies of Town. If Owner defaults materially on the performance ofa any of its obligations to Town under this Agreement, then Owner will have thirty (30) days after the delivery of written notice by Town of that default to cure the default; however, if the default requires more than thirty (30) days to cure, Owner shall have such additional time as may be reasonably required to cure the default, provided Owner commences the cure within the initial thirty (30) day cure period and then diligently prosecutes the cure to completion. If Owner fails to cure the material default during the applicable cure period, then Town will be entitled to terminate this Agreement, call upon the Owner's financial guarantee as outlined in paragraph 21 below to finish the Shell Construction of the Project in accordance with the Development Plan, and/or repurchase the Property from Owner pursuant to Notwithstanding anything in this Agreement to the contrary, Town shall copy Owner's lender or equity partner in writing (at any address provided for such purpose by Owner or its lender or equity partner) on any default notice Town sends to Owner, and Owner's lender or equity partner shall have the same rights to cure Owner's material default as Owner has under this Agreement; provided, however, any failure on the part of the' Town to copy Owner's lender or equity partner shall accrue only to the benefit of Owner's lender or equity partner and not be a default by the Town under this Agreement and shall not affect or extend any cure period for the benefit of 11.I Defaults by Town and Remedies of Owner. If Town defaults materially on the performance ofa any ofi its obligations to Owner under this Agreement, then Town will have thirty (30) days after the delivery of written notice by Owner of the default to cure such default; however, ift the default requires more than thirty (30) days to cure, Town shall have such additional time as may be reasonably required to cure the default, provided Town commences the cure within the initial thirty (30) day cure period and then diligently prosecutes the cure to completion. IfTown fails to cure the default during the applicable cure period, then Owner will be entitled to terminate this Agreement and to pursue an action and recover from Town all out of pocket actual verifiable costs and expenses incurred in connection with this Agreement, up to the 12. Other Defaults. A Party will be in default ofi its obligations under this Agreement in the event that it is adjudicated bankrupt or insolvent, makes an assignment for the  Section 20 below, as' Town's sole remedies for such default.  Owner.  sum of$10,000, as Owner'ss sole remedy for default.  0I2SECONOMIC DEVELOPMENT AGREEMENT  Page 7  48    benefit of creditors or enters into a composition for creditors, or files a voluntary bankruptcy petition or an answer admitting the material allegations of an involuntary bankruptcy petition; or if an order is entered appointing a: receiver or trustee for that Party or for a substantial portion of the assets of that Party and the same is not vacated within sixty (60) days after entry, or if that Party applies for or consents to the appointment of any such receiver or trustee. In the event of a default specified in this section, the other Party may immediately pursue all remedies available to it by law or in equity, including specific performance and the termination of this 13.Job Requirement. The new jobs to be created by the Project must be filled by employees hired after the effective date ofthis Agreement whose wages are subject to withholding under. Article 4A of Chapter 105 ofthel North Carolina General Statutes. 14. Non-Assignment. This Agreement is expressly non- assignable without the prior 15. Extension. The TOWN may execute an extension of this Agreement in its discretion and in accordance with such additional conditions as it may require. 16. Waiver or Release. TOWN may waive violations or release and terminate any ofthe foregoing requirements at any time. Said Release or Waiver may be recorded in the  Agreement.  written consent and approval of the' TOWN.  Gaston County Registry.  17.1 Notice. Notice may be given as follows:  To the TOWN: Town ofDallas Manager 2101 N. Holland Street Dallas, NC28034  To the OWNER: Gaston Aquatics, Inc. Attn-Domallaylor 3340 Robinwood Rd. Suite 100-409 Gastonia, NC 28054  18. Jurisdiction and Venue. This contract shall be construed under the laws oft the State of North Carolina. Any controversy or claim arising out of this Agreement shall be settled or resolved by an action initiated in Gaston County, North Carolina. 19. Severability. If any provision of this Agreement is deemed to be invalid or unenforceable it shall not affect the validity or enforceability of any other provision 20. Town Option to Repurchase. In the event of a material violation of any material term, provision, condition, covenant, or requirement oft the General Warranty Deed or this Agreement that Owner fails to cure during the applicable cure period, Town shall  ofthis Agreement.  0O11Z3ECONOMICDEVELOPMENT AGREEMENT  Page 8  49    have an option to repurchase the Property by providing written notice to Owner or its successor in title within one hundred eighty (180) days from the lapse of the applicable cure period. Ifthe Town elects to repurchase the Property pursuant to this Section, then the repurchase price shall be the original purchase price paid by the Owner to the Town plus any verified and documented amount that has been drawn down by the Owner on the Construction Loan and utilized in furtherance of the Project in accordance with the Approved Plans and Construction Documents, plus any other documented and verifiable costs of materials and labor not paid from the Construction Loan that were used by Owner in furtherance of the Project in accordance with the Approved Plans and Construction Documents and that are accepted and approved by the Town Manager. The repurchase price shall not include any sums spent in furtherance of the Project from any financial guarantee provided to the Town pursuant to paragraph 21 below, unless Owner presents documentation to the Town that Owner has repaid such sums to the bank or insurance company. The Town shall receive a credit towards the: repurchase price for any sums incurred by the Town associated with Owner's default and not covered by the aforesaid financial guarantee, including but not limited to design, engineering, and architectural fees, and attorney's fees. The repurchase price shall be applied first to the Construction Loan and to any liens and encumbrances on the title to the Property necessary sO that Owner or its successor in title can reconvey unencumbered fee simple title to Town, and any remaining balance shall be paid to Owner or its successor in title. This option shall be binding upon Owner and its administrators, successors, and assigns. Upon repurchase, the Town shall have the rights of Owner to enforce all vendor or other third party warranties made to Owner during the design and construction oft the 21. Financial guarantee. At closing, Owner shall provide Town a financial guarantee of the performance of the construction of the aquatic center shell improvements ("Shell Improvements") as described in the Shell Construction Cost Budget as shown on the Development Plan attached hereto as Exhibit B. Such financial guarantee shall be in the form of an evergreen letter of credit or payment and performance bond satisfactory to Town in the amount equal to one hundred and twenty percent (120%) of Owner's engineering or architect's estimate (which is approved by the Town Engineer) of the Shell Improvements. The financial guarantee for the Shell Improvements shall be in an amount and in a form satisfactory to Town from a bank or insurance company reasonably approved by the Town. The engineering or architect's estimate will be signed and will have affixed the Engineer's or Architect's Seal and will contain the following certification: Engineer [Architect] whose signature and seal appears hereon certifies to the Town of Dallas that the Estimate of costs attached hereto has been given under seal and has been prepared by the Engineer [Architect] in accordance with generally accepted engineering [architectural] standards, but the Engineer [Architect] does not guarantee such costs."  Project.  D01123ECONOMICDEVELOPMENTAGREEMENT  Page 9  50    IN WITNESS WHEREOF, the TOWN OF DALLAS, N.C. has caused this instrument to be signed in its municipal corporate name by its duly elected Mayor and its seal to be hereunto affixed by the Town Clerk, all by authority of its Board of Alderman and the OWNER has caused this instrument to be executed in its company name by its duly authorized representatives  both the day and year first above written.  EXECUTED this  day of  2022.  TOWN Town of] Dallas By:  OWNER Gaston Aquatics, Inc. By:  Maria Stroupe, Town Manager  Rick Coleman, Town Mayor  ATTEST:  Approved As To Form and Legality  Town Clerk  Town Attorney  01123ECONOMIC DEVELOPMENT AGREEMENT  Page 10  51    NORTH CAROLINA GASTON COUNTY  I,th the undersigned, a Notary Public in and for said County and State, do hereby certify that MARIA STROUPE personally appeared before me this day and acknowledged the due  execution of the foregoing document.  This the  day of  2022.  (SEAL)  Notary Public  My Commission Expires:  NORTH CAROLINA GASTON COUNTY  I, the undersigned, a Notary Public in and for said County and State, do hereby certify that RICK COLEMAN personally appeared before me this day and acknowledged the due  execution oft the foregoing document.  This the  day of  2022.  (SEAL)  Notary Public  My Commission Expires:  01123ECONOMIC DEVELOPMENT. AGREEMENT  Page 11  52    NORTH CAROLINA GASTON COUNTY  I, the undersigned, a Notary Public in and for said County and State, do hereby certify  that he/she is  personally appeared before me this day and acknowledged that of Gaston Aquatics, Inc., a North Carolina nonprofit corporation,  and acknowledged, on behalf oft the corporation, the due execution oft the foregoing document on  behalfo ofGaston Aquatics, Inc.  This the  day rof  2022.  (SEAL)  Notary Public  My Commission Expires:  001I23ECONOMIC DEVBLOPMENT AGREEMENT  Page 12  53    EXHIBIT"A" DRAFT WARRANTY DEED  011I23ECONOMICDEVELOPMENT AGREEMENT  Page 13  54    EXHIBIT "B" DEVELOPMENTPLAN  01123ECONOMIC DEVELOPMENT AGREEMENT  Page 14  55    NORTH CAROLINA GENERAL WARRANTY DEED  Excise Tax: Sexempt Tax Parcel ID#: 212805 Mail after Recording to: Grantee, Holly, NC28120  Prepared by: Marie M. Anders, Atty., Michael, Elting, & Anders, PLLC, 124 W. Catawba Ave., Mount  The property conveyed is NOT the primary residence oft the Grantor  THIS DEED, made this  day of  2022, by and between  TOWN OF DALLAS  (al North Carolina Municipal Corporation) 2101 N. Holland Street, Dallas, NC2 28034,  Party ofthe first part, Grantor herein,  And  GASTON AQUATICS, INC. (al North Carolina nonprofit corporation), Party oft the second part, Grantee herein,  (The designation Grantor and Grantee as used herein shall include such parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context.)  WITNESSETH:  THAT, the Grantor, for a valuable consideration paid to it by the Grantee, the receipt of which is hereby acknowledged, has bargained and sold and by these presents does grant, bargain, sell and convey unto the Grantee, its heirs, successors, and assigns, in fee simple, all that certain lot or parcel of land situated in Town of Dallas, Dallas Township, Gaston County, North Carolina, and more particularly  described as follows:  See attached sheet marked "Exhibit A" for description incorporated herein by reference.  001105903  56    BEING the full contents of the property conveyed to the Grantor herein by Deed recorded in Book 4442,  page 783, Gaston County Public Registry.  TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee and its heirs, successors, and assigns, in fee simple  forever.  And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons  whomsoever except for the exceptions hereinafter stated.  Title to the property hereinabove described is subject to the following exceptions:  1. Subject to all covenants, restrictions, reservations, easements, conditions, and rights appearing ofrecord; and subject to any matters reflected on that certain ALTA survey dated 2. Grantee shall comply with the following terms, provisions, conditions, covenants, and requirements entered into by and between the parties hereto, which terms, provisions, conditions, covenants, and requirements shall be covenants of this deed and this conveyance, running with the land until such time as the same may be terminated or may expire as a. Grantee shall redevelop Redevelopment", cause to be issued a final Certificate of Occupancy, and put to use the Property within thirty-six (36) months oft the day and year first above written in accordance with an Economic Development Agreement ("Development Agreement") entered into by the parties hereto dated b. Grantee shall comply with the zoning ordinance for the Town, as the same may be Grantee shall close, within twelve (12) months of the day and year first above written, on ac construction loan ("Construction Loan") or other financing approved by the Town Manager that allows periodic withdrawals based upon completion of the work in d. After the final Certificate of Occupancy is issued, Grantee shall cause, a "Grand Opening" of certain project amenities as described in the Development Agreement and thereafter shall in good faith conduct and carry on the uses ofs such project amenities for at least the required occupancy as outlined in the Development Agreement for aj period of thirty-six e. Until the Redevelopment is complete, a final Certificate of Occupancy is issued, and the Restriction Period has ended, Grantee shall not permit, suffer, or allow any mortgage, loan, or other lien whatsoever to be held by any mortgagee or other lien holder against thel Property and will not enter or be aj party to any type of financing, transaction, or other relationship that would result in a lien against the Property except for the Construction Loan, or a permanent loan that refinances the Construction Loan and which does not exceed the repurchase price set forth inj paragraph g below ("Permanent Loan").  prepared by  provided for herein.  and incorporated herein by reference.  amended.  furtherance ofthel Redevelopment.  (36)months after the Grand Opening (the "Restriction Period").  001105903  57    Until the Redevelopment is complete, a final Certificate of Occupancy is issued, and the Restriction Period has ended, Grantee shall not sell or transfer, except in accordance with the terms and conditions oft the Development Agreement, all or any part of the Property or any interest in the Property. A sale or transfer means the conveyance of the Property or any right, title or interest in the Property. If Grantee is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more than twenty-five percent (25%) of the voting stock, partnership interests, or limited liability In the event of a violation of any term, provision, condition, covenant, or requirement of this Deed or the Development Agreement that Grantee fails to cure during the applicable curej period, including any voluntary ori involuntary transfer oft thel Property in violation of the terms and conditions oft the Development Agreement, Grantor shall have an option to repurchase the Property by providing written notice to Grantee or its successor in title within one. hundred eighty (180) days from the lapse of the applicable cure period. Ifthe Grantor elects to repurchase the Property, then the repurchase price shall be the original purchase price paid by Grantee to the Grantor plus any verified and documented amount that has been drawn down by Grantee on the Construction Loan and utilized in furtherance of the Redevelopment in accordance with the plans and construction documents approved by the Town Manager pursuant to the Development Agreement ("Approved Plans and Construction Documents"), plus any other documented and verifiable costs ofmaterials and labor not paid from the Construction Loan that were used by Grantee in furtherance of the Redevelopment in accordance with the Approved Plans and Construction Documents and that are accepted and approved by the Town Manager. The repurchase price shall not include any sums spent in furtherance of the Redevelopment from any financial guarantee provided to the Grantor pursuant to the terms of the Development Agreement, unless the Grantee presents documentation to the Grantor that Grantee has repaid such sums to the bank or insurance company. The Grantor shall receive a credit towards the repurchase price for any sums incurred by the Grantor associated with Grantee's default and not covered by the aforesaid financial guarantee, including but not limited to design, engineering, and architectural fees, and attorney's fees. The repurchase price shall be applied first to the Construction Loan and to any liens and encumbrances on the title to the Property necessary sO that Grantee or its successor in title can reconvey unencumbered fee simple title to Grantor, and any remaining balance shall be paid to Grantee or its successor in title. This option shall be h. These restrictions, covenants, and conditions shall run with the land and bind Grantee, Grantee's administrators, successors, and assigns, unless and until the same are terminated by instrument of Grantor duly recorded in the Register of Deeds. Notwithstanding the foregoing, if an institutional lender or other purchaser of the Property obtains title to the Property as a result of foreclosure of the Construction Loan ort the Permanent Loan (or by a deed ofc conveyance in lieu thereof), such acquirer oft title, his/her successors and assigns, shall not be bound by these restrictions, covenants, or conditions, with the exception of the Grantor's option to repurchase in paragraph g above, which Grantor expressly reserves. If not sooner terminated, these restrictions, covenants, and conditions shall expire and be void and of no further effect after seventy-  company interests, as the casei may be, of Grantee.  binding upon Grantee and its administrators, successors, and assigns.  eight (78) months after the day and year first above written.  001105903  58    IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed on this  day of  2022.  TOWN OF DALLAS By:  (SEAL)  Rick Coleman, Mayor  Attest: Town Clerk  STATE OF NORTH CAROLINA COUNTY OF GASTON  NOTARY ACKNOWLEDGMENT  I,.  al Notary Public in and for said County and State, do hereby  certify that Rick Coleman personally came before me this day and acknowledged that he is Mayor oft the TOWN OF DALLAS, a North Carolina municipal corporation, and that by authority duly given and as the act oft the City Council of the Town of Dallas, NC, the foregoing instrument was signed in its name  by Rick Coleman as its Mayor, sealed with its corporate seal, and attested by.  as its  City Clerk.  Witness my hand and notarial seal, this  day of Notary Public  20  My commission expires:  (seal)  001105903  59    EXHIBIT "A"  Beginning at a 1" pipe, said pipe being located South 48 degrees 38 minutes 55 seconds West a distance of 1722.13 feet from NC Grid Monument Hopeman", "Hopeman" being located North 84 degrees 44 minutes 43 seconds West a distance of2005.39 feet from NC Grid Monument "Dallas"; thence running, adjoining the lands ofthe Gaston County Board ofl Education, Gaston County Deed Book 668 Page 438, South 09 degrees 32 minutes 28 seconds East a distance of3 386.42 feet to a 1" pipe; thence continuing South 04 degrees 01 minutes 59 seconds East a distance of 299.65 feet to a rebar; thence continuing South 01 degrees 09 minutes 06 seconds West a distance of224.27 feet to an iron pin set; thence three (3) new lines, dividing the lands of Advantage Investment Group LLC, Gaston County Deed Book 4087 Page 764, as follows: 1) North 51 degrees 29 minutes 34 seconds West a distance of 179.04 feet to an iron pint set; 2) North 58 degrees 40 minutes 41 seconds West a distance of 154.17 feet to an iron pin set; 3) North 29 degrees 17 minutes 47 seconds West a distance of 158.80 feet to a: rebar in the right-of- way ofUS Hwy #321, a control access highway; thence running with said right-of-way the following three (3) courses and distances: 1) North 08 degrees 59 minutes 27 seconds East a distance of 208.07 feet to a right-of-way monument; 2) North 03 degrees 52 minutes 39 seconds East a distance of 193.82 feet to ai right-of-way monument; 3) an arc to the right with a radius of2176.83 an arc length of192.84, and a chord North 08 degrees 03 minutes 36 seconds East and a distance of 192.77 feet to a rebar; thence running, adjoining the lands of Ingles Markets Inc., Gaston County Deed Book 4297 Page 1969, South 85 degrees 27 minutes 06 seconds East a distance of 197.48 feet to the point and place of  beginning.  001105903  60    Resolution. Authorizing Salea042W.Capaunter Street, andAnthorizing andimplementingan  comomicDevelopment Agreement  WHEREAS; the surplus property located at 642 W. Carpenter Street, Dallas, North Carolina WHEREAS; the surplus property was donated to expand, enhance, and develop the Town, and; WHEREAS; the Board of Aldermen instructed the Town Manager and Town Attorney to 8, 2022, the BoardorAldemment approyed.by uanimbisyicsthe adoptionofal Resolution where  ("the property") was donated tot the' Town at no cost onl December 30, 2008, and;  negotiate the sale ofthep property and devélopment agreement'with Gaston Aquatics, Inc., and;  WHEREAS; after:publishing  pcang and] Hôlding a Public Hearing on  March and;  a  the property wouldnow, be  or; ICDPeANNNNe PINUATLONC.G.S $158-7.1,  WHEREAS,  AEN  theevent Gaston Aquatiçs, ast to fulfill anyof, lifledpligations  commitments, agreements, promises, in addition those provided by-icxaftached Eçonomic Developmenty Agreement ("Agreement"), it is necessary Blce deed restrictions, covehants,and other conditions; including,but not limited to the remediesbieright of re-entry and revesiondloriyhich wouldresultng Gaston Aquatics, Inc. agreeing to rebiveytpenfoperty toi the' Town, and,  WHEREAS; theT Townl has.agreed  perty for:i24,900.00,and;  WHBREAS Gaston-Aquâtics, Inc., has agreed to (1) purchase the property for.$12490000, ENRPSAyA Tictions, andremedies, (2) fulflling the obligations as providedforlh  thoAtreemeryand,  WIFREAS,e Town has agreed touitiljze the electric,and other such necessary utilifjes on he property nd;  from said sale to cstabish.yercve  WHEREAS; Gaston, ndties, Inc. has committed agreed to the constructionand devélopment ofanlaquatic centéronther popetywhbpoids focuibAgreemenf and; WHEREAS the Board of-Aldermén haveréviewed the Agreementand. Deed and allof the restrictions, coverants, gnditions,agremgene dremedice.indndemdseithe-Allcenent and Deed,and; WHEREASthe Agreement and Deed Slifficieitlyollines the terms and.conditions oft the sale of thej property, development" ofthe project apdremedies availablet to the-Townand Gaston-Aquatics, Inc., int the event ofi nonfulfilliment dft the obligations outlined in the AgremeAnlPeaNs  WHEREAS," the'Toyn, isutilizingthel proçedures IpNQ6S616871 for the sale of  the property, and the MametonsASALPN and thej public hearing was held on April 12, 2022.  aquatics centertobe located on the property,  and;  WHEREAS; a Notice of Public Hearing was published in the Gaston Gazette on April 1, 2022 NOW, THEREFORE BE IT RESOLVED, by the Board of Aldermen of the Town of Dallas,  North Carolina, as follows:  61    Resolution AM-uaDRMCera Street,and Authorizing and) Implementingan  FcomomicDevelopment Agreement  That Gaston Aquatics, Inc. has proposed the purchase of property located at 642 W. Carpenter St., Dallas, North Carolina, subject to covenants, conditions, restrictions, and remedies contained in the Agreement and Deed, for $124,900.00, the development and construction of an aquatic center on the property, subject to covenants, conditions, agreements, restrictions, and remedies BE IT FURTHER RESOLVED;By/e BoardofrAldermen of the Town of Dallas, North That covenants, çonditions, agreements,, réstrictions, and émedies, above and beyond those provided forn.the Agreement, Sha bellgallyprvdlor andplacedupon the deed to the propertyand hallinclude-bitcnot. limited to dedpsinteonsodngcomiliom.  contained int the Agreement and Deed.  Carolina, as follows:  PIC  a  BETEURTHER RESOLVED, by the Boan  Aldermen ORIBFTowRODalas. North  Carolina,Afolloye    Thatt theproperty, subject to covenants, conditions, restrictions, and emads,erstuilyale BE RURTHER RESOLVEDby-i. Boardsof.A Aldemohoft the Town bfDallas, North Thatit ithe sellingprice, ofthe property $124,900.00 is! nofless than the currehtalue,ofthe BETFURIMER RESOLVED, byathe Boars Aldermen of the Town of.DalasNorh  QU4L0912490000,  Caromayaolows  property. Carolina, asfollows:  hat, but, for the Towp'lalteement to sell theprops Aquatics, Inc. wouldpotlodate the aquatic centen't the Town  on Aquatics, Inc, thenGaston  BPIDFURTHER RESOLVED, by Board Qr Aldetmen fathe TownofDallas, North Thattésaléaf the property to GsiohAquatics) Inc will increaselthe" taxableproperty of the BE IT FURTHER RESOLVDD, bythe Board of Aldermen of the-Towp of Dallas, North That the construction" and, development ofthe aqyatic cênter Onsthe property will increase the BE IT FURTHER RESOLVED, by the Board of Aldermen of the Town of Dallas, North That the operation of the aquatic center on the property will increase the employment of the  Carolina, asfollows  .  Town,  Carolina, as follows:  taxable property of the' Town.  Carolina, as follows:  Town, and will increase the business prospects oft the' Town.  62    RephaiwAahontaimgsalaaf042W_Ceyamter Street,andA Authorizing anmdImplementingan  FcomomicDevelopment Agreement  BE IT FURTHER RESOLVED, by the Board of Aldermen of the Town of Dallas, North That thel Board approves the sale oft thej property located at 642 W. carpenter Street, Dallas, North Carolina to Gaston Aquatics, Inc. for $124,900.00 subject to all covenants, conditions, agreements, restrictions, and remedies çontained in the Agreement and subject to those covenants, conditions, agremens-resingions: andremedies, contained in the Deed above and BE IT FURTEEKRESOINP bythe Board f-Aldermen ofthe Town of Dallas, North That, BOiLAPoO the Town utilizing/fiéppggeeds from-the SlebFhetproperty in the amdlntofs12 900.00 for purposes of cstablalungireyatsary utiliypmigubons property, BEIL FURTHER RESOLVED, by the Board ofAldermen of the TowhrofDallas; North  Carolina, as follows:  beyond and not limited bythcAgreement  pT  Carolina, as follows'  including butnotlimited to: water, sewer, andelectric  B.  Carolina,as follows  DaticBoarleppove the BspmN Agreement.  BEI ITFURTHERR-RESOLVED, by the Board of Aldermen of the Town ofDallas North  Carolina, asfollows  4  Thatythe TowMenaeaind Town Attorney are the saleofthe proparty locâted-at 642 implement the atrached Economic Developmen  direçted to take all necessalyaction.to perter, Street, Dallas, NorthCAtolina,ant  complete 5  Adoptedthist the 124, day of Apr2022.  Rick Coleman,Mayor  Attested by,  Sarah Hamrick, TownGlerk  TH CAROI  63    TOWN OF DALLAS, NORTH CAROLINA  REQUEST FOR BOARD ACTION  DESCRIPTION: Special Events Request - Dallas Minister's. Association  AGENDA ITEMNO.8 8A BACKGROUND INFORMATION:  MEETINGI DATE: 04/12/2022  A Special Events Application has been received from the Dallas Minister's Assocation tol hold a National Day ofPrayer event on Thursday, May 5, 2022 from 11:30 am to 12:30 pm at the Court Square. The event would be open to the public and would include speakers. The purpose oft the event is to participate in the national event of prayer for our nation and its leaders. They are requesting 1 trash receptacle and use of power for amplified sound. There are: no road closures requested. Attendance is estimated to be approximately? 75.  The application is attached forr review.  MANAGER RECOMMENDATION: Approve the event as proposed, but require a meeting  with both utility directors to better determine locations ofitems requested.  BOARD ACTION TAKEN:  64    Town of Dallas 210 North Holland Street Dallas, NC 28034-1625 (704)922-3176 Fax: (704)922-4701  DALLAS The Crossroads ofGasion County  Special Eventsl Activities Application  The purpose oft this application is to provide information about your event or activity in order for the Town of Dallas tol best assist you. Refer to the Special Events Policy and Town of Dallas Fee Schedule for all Special Events requirements. Applicants are responsible for providing complete and accurate information ont the application. The applicant is responsible for notifying the Town of Dallas of any changes. ACOMPLETE application must be submitted by no later than the first Tuesday of the month forc consideration at the next Board of Aldermen meeting. Events must be approved at least 14 days in advance of the event.  INCOMPLETE APPLICATIONS WILL BE RETURNED.  APPLICATIONINFORMATION  Name of Event: Facility Requested: Applicant Name: Organization: Mailing Address: City/Statel IZip: Daytime Phone: Description of the Event:  NATIOMAL DAYy OF PRAYE2 COURT HUvSE SAVARE FRMi Mitony  DALLAS MIMISTEEC ASSOCIRTIN $18 K. CARPENTE ST  DPLLAS, MC 70Y-460-1360  20034  CA704-440-3E0 E-Mail: REVMÉNMIPE  MOTMBIL.Cow  PPRTIAZPRIE IAL MATIONAL EVEMT of  PAAER FOR HATIM AMD IT's LAbIi.  Does the event have al Facebook, Twitter, or other social networking page:  MU  Ifyes, please list URL(s): Date (s) Requested for Event: Event Start Time: Road Closure Time Begins (if applicable): Set Up Begins: Estimated Attendance: The Event is:  MAy 5, 2022  11:30 Am Ioo Am  Event End Time:_ 1230 pm Road Closure Time Ends: N/A  N/M  Set Up Ends:  1).30 Am  Preferred Date & Time of Inspection (if required):  -50 - 75 Private (by invitation only)  or  Open to General Public  Describe the procedures to be used for selecting vendors and exhibitors for this event:  M/A  Applicant's Signature: Apre-event meeting attend the meeting.  Date: 3/21/2022  and  Jtut  may ber required will be scheduled to include appropriate staff. The event applicant must  1  65    Will entsicanoples/membane structures be used? (Circle one) Yes /No (ifno, proceed to nexts section)  # of Canopies # of Tents # of Membrane structures Other type ofs structure (provide description) *Notes*  (fabric structure thati is open without sidewlls-enr759 or more of perimeter) (fabric structurei thati is enclosed with sidewalls on more than 25% of perimeter)  (air supported or air inflated structure)  Will amplified sound be used during the event? (Circle one) lfy yes, state the number of stages, number of bands andt type of music:  Kes/ No (ifno, proceed to next section)  Number of stages: Type(s) of music:  Number of Bands:  Indicate times of amplified sound. Start Time: 1/!30Am Will sound checks be conducted prior tot the event?  Finish Time2/80PM Finish Time/30AM  Yes  No  fyes, please indicate times:  Start Time: 1120AM  "Must comply with' Town of Dallas general entertainment and noise ordinance.  msmanaalanasNaIne  Will hazardous materials in tanks/cylinders be used? (Circle one) Yes No (ifno, proceed tor next section) Ify yes, all tanks must be secured in ar manner to prevent accidentally being knocked over. All helium tanks  not being used shall have their caps in place. Will there be any portable heaters? Will there be any deep fat fryers?  Yes Yes  No No  Wil there be any fireworks, lasers, torches, candles or pyrotechnics?  Yes No  No  Will generators or electrical power be used?  Yes  IF yes, electrical load data and location of connection must be provided on a separate sheet.  In the case of extraordinary use or hookups, extrai fees may apply.  MA  Will mechanical rides or similar attractions be used? (Circle one) Yes JNo (no, proceed tor next section)  lfyes, company name? Company address: List details, ifany:  **Applicants contracting with amusement ride companies are required to provide the Town of Dallas witha certificate ofi insurance, naming applicant and the Town of Dallas as additional insured on general liability.  ALL rides must be inspected and approved by The Department ofLabor.  A vendor is anyone who is serving, selling, sampling, or displaying food, beverages, merchandise or services  Will the event include any vendors? (Circle one)  Yes No (fho, proceed to next section)  2  66    IFthe event will have food vendors, please check thet following that apply: Does the event include food concession: and/or cooking areas?  Served  Sold  Catered  Prepared Outdoors  Yes  No  lfyes, please list eachi food vendor ands specify cooking method (Gas, Electric, Charcoal, etc.)  (Use additional sheet ifnecessary) Vendor Name  Address  Phone Number Cooking Method  Food Item  Food and beverages shall not bes sold at ane event unless approved andl licensed, ifnecessary by the Gaston County Health Department  Event organizers are responsible for arranging health inspections fort their event.  List all other vendors who willl be present during the event (serving, selling, sampling, or displaying).  VENDORNAME  ADDRESS  PHONE NUMBER(S)  EMENTISCHEDUE  Provide a detailed schedule oft the eventi including dates and times for entertainment, activities, hours of event, time, finish time, etc. Ifthe event requires an extended time frame for set-up, include details with at timeline start thet times and locations where streets or public property will bei impacted and when dismantling will be listing  (Use additional sheet of paper Ifr necessary)  complete ADDITIONALI NOTES KEyEPmka  DATE  TIME  ACTION  5/5/22 1A30A/7 1 MATOVAL DAYoE PRAYER peahpmm PAAYRRS  SMEPLAN  Provide a detailed Site-Plan sketch oft the event. Include maps, outline or diagram of the entire event venue ther names of all streets and the surrounding area. The plan should include the following information:  including  Location of the eventlactivity on the property with approximate distances from roads, fire hydrants, Location of temporary structures that willl be used during the event. Must indicate size of temporary structures, distances between temporary structures and existing buildings. Identify how each temporary structure will be used. Example: type of vendor, food preparation, etc. Identify location ofa all cooking devices and open flames; generators andi fuel storage. Location of allf fencing, barricades, or other restrictions that willi impair access to andi from the event or  existing buildings, etc.  property.  Identify all designated parking areas.  3  67    tollets, sound systems, tables, chairs, tents, canopies needs of the event, please answer thet following questions:  The Town of Dallas does notp provide amenities such as portable Inc order to determine what types of containers best suit the Will the event be senanglalingldismbuing beverages? lfyes, in what containers will they come packagedi in? How manyt trash cans are! your requesting fort trash? Date and' Time for trash cans tol be picked up? Clean-up fees may' PUBLIC PROPERTY CLEAN-UP  services such as clean up, traffic control, etc.  The appliçant is responsible for arranging and providing  or other equipment. TRASH CONTAINERS  No  Yes  plastic bottles/jugs/jars  aluminum cans  glass bottles/jars  Cov RI HVSE GAZEIO ARIS2  Deliveryl Location?  1OOPN the site after the event.  515./22  **Applicants are responsible for cleaning and restoring and/or restore the site following the event.  be incurred due to applicant's failure to clean  below. What is the clean-up plan for the event?  Contracted personnel or volunteers may be usedi ifi indicated  SAFETY AND SECURITY (CHECK ALL TYPES OF SECURITYUSED)  Road Closure Security  Event Area Security  Stage Security Other JOvernight Security Dates & Times security willl be on site: Security provided by:  ToD  From(  Personnel:  Number of Security  ROUTE AND  BICYCLES FOOTRACE  PARADE (Includes floats, vehicles, and persons) MARCH OR WALK (persons only) VEHICLES ONLY (includes motorcycles) OTHER (Description:  %0 Children: Vehicle Types: Kinds: (Ex:  Number of Persons: Number of Vehicles: Number of Animals: DESCRIBE  SEGMENT TO ANI EVENT, INCLUDE  BELOW THE EVENTI ROUTE. IF THERE IS MORE THAN ONE  and a Fun Run).  SEGMENT.  A" "RUN" mayi include a 5k, a 10k,  START AND FINISH TIMES FORI EACH  68    ROAD CLOSURES  Ifyour event involves road closures, a parade, ai foot orb bike race, any type of procession, orr more than one attach al Route and Traffic Plan. Include the required information (listed below) and any additional information location, believe applies to youre event.When planning a moving route, the Dallas Police Dept. is available to assist you. you  NC and US roadways will also require approval from the NCDOT. clarify the directions ofr movement ofy your event.  The proposed route to be traveled including the requested starting and termination point. Please also Routing plans fort traffic. lllustrate a plan toi include roads that you are requesting to be closed to vehicular other traffici for youre event. Include planned arrangements to resolve conflicts with people trying to reach or businesses, their own residences, places of worship and public facilities including public transportation. Whether the event will occupy all or ap portion of the street(s) requested for use. Proposed locations forb barricades, signs andp police/volunteers. The provision oft twenty foot (20') minimum emergency access lanes throughout the event site. White temporary water base paint can! be used to mark ther route on the street pavement (May be ato common hardware stores such as Lowes Home, Home Depot, etc.).  purchased moidfication ofa all  Please Note: Allr road closure requests willl be strictly reviewed by the Town of Dallas. Approval, denial, or road closure requests are at the sole discretion oft the Town ofl Dallas. The Town has final discretion Plan including, but not limited tot the route, placement: andi number ofa all barricades,  and over your Route and Traffic signs, police/volunteer locations.  DONOTA ASSUME, ADVERTISE, OR PROMOTE YOUR EVENT UNTIL YOuI HAVE A SIGNED PERMIT FROM THE TOWN OF DALLAS. CONFLICTS DO, ARISE. AND CHANGES TO1 THE REQUEST MAYE BE NECESSARY.  Applicant's Signature:  Date:  pL  3/ai/h2  *Once approved, a Special Event Fee will be assessed based on the current Town of Dallas  The event fee is due and payable NO LATER THAN five (5) business  to the event. Fee Schedule.  cancelled if fees are not paid when due.  days prior  Events will be  5  69      D 0 &  iSt  SHolland St  NI Holland St  NH Holland St  SG Gaston St ae NG Gaston  St  NG Gaston St NC  E  d0  70    St  NGollandsi  NHollandSt  S2  D N  o .2:933  NGastonst  NGastonst NGastonst  NGasto  d0  71    TOWN OF DALLAS, NORTH CAROLINA  REQUESTFORI BOARD ACTION  DESCRIPTION: Huss Annexation Petition  AGENDA ITEMN NO. 8B BACKGROUND INFORMATION:  MEETING DATE: 4/12/2022  Annexation Petition, 2021-06, was submitted August 5, 2021 by' Todd and Gail Huss, property owners of3615 and 3623 Dallas High Shoals Highway, Dallas, NC 28034, further identified as Gaston County Parcels #170071 and #170059. These parcels are considered contiguous. The two parcels total approximately 2.21 acres and are currently located in Gaston County. The petitioner seeks annexation into the' Town of Dallas as part ofa Conditional Zoning District, CD Staff was directed to investigate the sufficiency of the annexation petition to determine ifit meets the standards ofNCGS $160A-31, at the September 12, 2021 Board of Aldermen Regular Meeting. The petition has been deemed sufficient and the Board shall set a public hearing date for the annexation oft the property. A rezoning public hearing will follow the annexation ofthe The 2003 Future Land Use Map identifies thee parcels as Neighborhood and Community Business, but abuts al large parcel currently Zoned R-5, Single Family Residential.  R-5, for inclusion in al larger development, known as Summey Creek.  property.  MANAGER RECOMMENDATION: Set a public hearing for May 10, 2022 to determine  annexation ofthe property described. BOARD ACTION' TAKEN:  72    Docusign Envelope ID; 6C4BFA3A-EA93-4E67-89C1-EBB4OFCC06A2  TOWN OF DALLAS, NORTH CAROLINA PETITION FOR ANNEXATION  PETITION NUMBER: 2074-06  Contiguous  Non-Contiguous FEE: $500.00 Requested Zoning:.  DATE:  g/s/2001  CurrentPropertyUse, Residential R-1  Conditional R-5  PlannedPropertyl Use:Single Family Residential  To the Board of Aldermen oft the Town of Dallas:  Wetheundersgnedownemdfeipopeyrepectiwyrguethathatheareaderribedas: 3615 and 3623 Dallas HghShoals,DALLAS, NC28034,further identified as parcel  ID#3548412915 & 3548421028 Print owner name(s) and information: Name Todd M.J Huss Name Gail Huss_ Name, Address  bea annexed tot the' Town of Dallas.  Phone.704.8600354  Address 325 Louise Drive, Stanley, NC 28164 Address 325 Louise Drive, Stanley, NC28164  Phoné 704-860-0354  Phone  Attachments included with Petition:  1. Legal description (as noted in propertydeed) 2. Letter outlining reasons for annexation request 3. List of Abutting Property Owners 4. Survey or Plat suitablei for recordation  5. $500Fee  -Docusigned! by: D85034D3EBA44F2.- -Doouslonedby: -EF8413AF4C1B421.  Owner's Signature: DeinH Owner's Signature C Owner's Signature: Recelved By:  Date: 7/13/2021 I 12:51 PM PDT Date:_ 7/13/2021 I 9:43 AM PDT  Date:  ahal Si  Date:_ 8/s/201  73    DocuSign Envelope ID: 6C4BFA3A-EA934E67-89C1-EBB40FCC06A2  July12,2021 Town of Dallas Attn: Nolan Groce 210 N. Holland Street Dallas, NC: 28034  RE: Annexation Petition for Parcel 3548421028 and 3548412915  Good afternoon Nolan,  The adjacent property was recently annexed andi rezoned into the Town of Dallas. We would liket to include the subject property as part of the overall development and would need to annex and rezone to  accomplish this. Thank you in advance, DocuSigned by: eine 4D3EBA44F2.. Todd M. Huss DocuSigned! by:  EF8413AF4C1B421. Gail Huss  7/13/2021 I 12:51 PM PDT  7/13/2021 I 9:43 AM PDT  74    MENE  311.800  3    75    Page 1of2 R  BK3159P6839  11/27/00 10:40AM 000000#2725 DEED REVENUE FEES *KTOTAL CHECK Recording Time, CHANGE Book and Page  *X17 Cheryl $10.00 550.00 $60.00 $88.00 $28.00  Excise 350.00  TaxiLot. No.. Verified by by  Parcel Identifier No.  County on the  day of  Mail after recording to Arswe This instrument was prepared by. L..Kelth.Bance,. Hange. &... Hance,.. A.  Gmaerr. Brief description for the Index THIS DEED this  1.*-PAPAS.RL2AM7RIK  NORTH CAROLINA GENERAL  DEED  November..    made .21.. day of..1 GRANTOR DANNY A. HUSS, Divorced PO Box 304 Dallas, NC 28034  00 yand between GRANTEE OBD MICHAEL HUSS, Single 3019 Riverchase Drive, Apt. H Mt. Holly, NC 28120  Enter In pproprlate blook for each The designation Grantor and shall include singular, Oural, maa  airess, and, it appropriate, characler ef enlity, e.q. corporallun or partnership. used herein shall include said parties, their heirs, suecessors, and feminine or neuter as required by context.  assigns, and Township,  WITNESSETH, that the Cantorora valuable consideration paid by the Grantee, the receipt of which is acknowledged, has and by tAs vresents does grant, bargain, sell and convey unto the Grantee in fee simple, all hereby that  certain lot or parcel of land situated in the City of  Dallas  Gaston..  County, North Carolina and more particularly deseribed as follows:  BEGINNING at a (cut cross) int the center ofU.S. Higway 321, John S. Huss corner and runs with Huss' Northerly line South 59-11 West 3361 feet to a stake, Huss' corner in the old. Jenkins- Summey line; thence with the old. Jenkins-Summey line North 23-13 West 140: feet to a stakea new corner; thence a new linel North 59-281 East 311.87 feet tos a point in the center ofU.S. Highway 321; thence with center ofs said Highway, South: 32.26 East 134f feet to the point of Being thei identical property conveyed tol Danny A. Hussl by Deed dated February 23, 1999 and recorded in Deed Book 2939 atl Page 030 oft the Gaston County Public Registry.  Beginning.  X #17 Punadhy  RECORDINGI FE. 10.09 EXCISE TAX PAID S0alase  N.C.BarA Assoc. Form No.3 301 1976, Reviseda eL 1977  127,  tiar 1981  76  Book: 3159. Page: 839 Seq1    Page2of2  BK3159P6840  The property hereinabove deseribed was acquired by Grantor by instrument recorded in Deed. Book. 2939.  at..Page..30..  AI map showing the above described property is recorded in) Plat Book  page..  TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to And the Grantor covenants with the Grantee, that Grantor is seized of the premises inf fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Agreement for use of well recorded in Deed Book 2940 at Page 407  Ihe Grantee in fee simple.  Title to the property hereinabove described is subject to the following exceptions: of the Gaston County Public Registry.  -  corporate IN name by WHEREOF, ils duly authorized (he Grantor olficers has and Its seak set tobe kereupte hand  m Board saused of this  DAMAY A. HUSS 17  be mE a yah N (SEAL) (SEAL) (SEAL) (SEAL) Grantor, 2000.. Notary Public Beeretary of Secretary. Notary Public  above written. By: ATTRST: oc LY E  (Corporate Name) President lary (Co  CAPANA. Gaston.  County.  Public or the Connty und State aforesald, certify that Danny A.. Huss.. orsop lly appeared before me this day and acinowledged the execution olt the foregoing Instrument. Witnevs my  and otficial stamp or senl, this 2.1.. day of November.. 1,a Notary Pablle of the County and State aforesaid, certity that personally vame before me this day and ackaowledged that. - heis. President, sealed wilh Its corporate seal and altested hy Witness my hand and official stamp or seal, this day of.  cou SEAL-STAMP  12/09/2002  My commission expires:. NORTH CAROLINA,  flsdyek County,  a North Carolina corporation, and that by autherity duly  glven and As the acl uf the corporation, the foregoing instrnment wass signed ini ils name by its  its  My commission expires:.  The foregolng Certiflcate(s) of Repekro Lys.K, MP is/are first page certified hereof. to be correct. This instrument and this  are duly registered at the date and time and in the Book and Page shown on the RRGISTER OF DEEDS FOR..- Casten. Deputy/Atristaut- -Register of Deeds  Alies S. CAf  COUNTY  hp  N.C.Bar Assuc. Form No.3-01976. Revised-1 1977. Jamesw  177.  Panally  C.BarA  77  Book: 3159 Page: 839 Seq: 2    Page1of3  Doc Recorded: ID: 07/29/2015 018669600003 Type:, CRP Fee Amt; $26.00 Page at'03:52:09 1of3 PM Revenue Tax: $0.00 Instr# 201500003918 Gaston, NC Susans, Lockridge Register of Deede 4798-1320-1322  3 RECORDINGFEE 260 EXCISB: TAXI PAID. o  NORTH CAROLINA GENERAL WARRANTY DEED  Excise Tax: $0.00 Parcel Identificr No. 170071 By: Mail/Box to:_ Grantee  Verifiedby.  Counly ont the day of  20  Thisi instrument was prepared by: Hance & Hance,317South Street, Gastonia,NC: 28052 Brief description for thel Index:_ NOTITLESEARCH: REQUESTEDORI PERFORMED  THIS DEED madet this 9th dayof_ Lisal Dawnl Huss, unmarried 231 Bud) Black Rd, Crouse,? NC 28033  July  2015 byandbetwrse  GRANTOR  lor  Enter ina appropriatc block for each Grantor and Grantee: corporation orp partnership. The designation Grantor and Grantee us usedI  ang adapes,and, ifa appropriate, character ofe entity,e.g.  their! heirs, successors, anda assigns, ands shall include  singular, plural, masculine, feminine or neuter y asn  context.  WITNESSETH, thalt the Grantor, foravaluAccois ogpaidbylhed Grantce, ther receipto ofv whichish hercbya acknowledged, has: and byt these presents docs grant,bargain,s sellapiconveyl theGranteci inf fees simple, allt that certain1 loto orp parceloflands situatedi inthe  Cityof and more particularly See Exhibit' "A":  Dalias asf folos -  Township,. Gaston  County, North Carolina  hereint byr reference.  Thep property hercinabove described was acquired by Grantor byi instrument recordedi in Book, Ar map showing the: above described property isr recorded inl Plat Book. NCH Bar Association Form No.3 301 1976. Revisede e 1/1/2010 Printedby Agreement witht the NCBar Association  page.  Allo or aporiion oft the property hereino conveyed. includes or X does noli include thej primary residence ofa Grantor.  page.  78  Book: 4798 Page: 1320 Seq: 1    Page2of3  Exhibit"A"  BEGINNING at an iron stake, Grady Houser'sl Northwesterly corner: in Grover Summey's line, designated as the old. Jenkins and Summey line ont the map hereinafter referred to, saids stake being North 23-131 East 277.7 feet from a stone, old. Jenkins and Summey corner, andi ruming thence from saids stake with Grady Houser'sl Noriherly line, North 75-321 East 384.1 feett toa cross cut in the center oft thej pavement oft the Dallas-Lincolnton, Highway, U.S. Highway No. 321; thence with the center ofs said Highway North: 34-40 West 237.61 feet toa a cross cuti in the center oft the pavement; thence South 59-11 West 3361 feet to as stake in the old. Jenkins and Summey line; thence with the old. Jenkins and Summey line South 23-131 East 1291 feett to the The above description is according to a map ands survey ofproperty now or formerly belonging to Troy J. Burgin and wife in Gaston County, NCby. J.C. Burrell, Registered Surveyor, dated July 26, 1948. The above being a description of that portion shown on said map as' "Sold to. John S. Being thei identical property conveyed to. Johnny Leel Huss by deed recordedin Book 4363 at Page 1292 in the Gaston County Public Registry. Johnny Lee Huss diedintastate, see estate file  BEGINNING.  Huss".  11-E-988 int the Office of the Gaston County Clerk of Court.  gare the only  heirs of Johnny Leel Huss.  d  6S  79  Book: 4798 Page: 1320 Seq: 2    Page 3of3  TOHAVEANDTOHOLD thes aforesuidl lotd ar parcclo ofl lands and: allp privileges andi appurtenances theretol belongingi lo! the Granteei in Andi the Grantord covenants with the Grantec, that Grantori iss seized ofthep premisesi inf fees simple,! hast ther rightt toc conveyt thes samei inf fec simple, that titlei is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend thet title against the lawful claims ofa all persons whomsoever, other than the followiug exceptions: Easements, Restrictions and Right of Way of INV WITNESS' WHEREOF, the Grantor) has duly exccuted thel oregoing aso oft the day and year firstz above written,  fees simple.  Record. Ad Valorem" Taxes for Current Ycar.  hun Dawp-e HSAL Print/Type Name: Lisa Dawn! Huss Print/Type Name: Print/Typel Name: Print/Type Name:  (Entity! Name)  By: PrintType Name &7 Tidle: By: Print/Type Name & Title:_ By: Print/Type Name &7 Title: State of Northo Carolina Lisa Dawn! Huss seal this: Oir day of apth (Affix Seal) Slate of  (SEAL) (SEAL) (SEAL) thisdayand and! Nolariais stampor Hince Nolary) Public or Typed Name and State aforesaid, certify that thei inapplicable), that  County or Cilyo of Gaston  I,the undersigned) Nolary) Publicc oft the County or Cily ofg Gaston acknowledged the due execution oft thel foregoingi instrument fort thep pupasteigemey  and tàve foresat, certify that   July  2015, Julle  My Commission Expires: s//8  County or of  I,thet undersigned, Notaryl Public oft the  ersonally came bcfore me this day and acknowledged that. heist the instrument ini itsr namec oni itsl behalf as its act ando deed. Wilness  al North Carolina or parnership (siriket through 20 -  corporationlimitedi liability duly given and as the act of suche My Commission! Expircs: (Affix Seal) State of  EA  companyigeneral; parineripnnied,  und by authority  my hand and Notarial stamp ors   Notary Public  Notary's Printed orl Typed Name ands State: aforesaid,o cerbifyti that. 20_  CountyorCiyof  1,theu undersigpedN pcaydy-t. Witness my hand andI Nowmals lapor seal, this dayo of.  My Commission: Expircs: (Affix Seal)  Notary Public  Notary's Printed or7 Typed! Name  NCE Bar Associntion Form) No.3 301 1976, Revised 01 1/1/2010 Printedi byA Agreement witht the NCE Bar Associasion  80  Book: 4798 Page: 1320 Seq:3    Abutting Properties  Parcel #170059, 170071 Michael Huss 9036 Wagon Trail Lincolnton, NC: 28092 Parcel #170072 Robin Starnes 1110 Baxter Rd Cherryville, NC 28021 Parcel #170058 Town of Dallas 210 NI Holland Street Dallas, NC 28034 Parcel #170057 Frances Kirby & Samuel Summey 212' Whiteoaks Circle Bluffton, SC 29910 Parcel #170060 Carl Mills 3627 Dallas High Shoals HWY Dallas, NC: 28034 Parcel #305050 David & Dana Bolding PO BOX 1673 Gastonia, NC 28053 Parcel #170074 Robert &. Jo Ann Propst PO BOX1 1143 Dallas, NC 28034 Parcel #170070 Rebecca Lane 3618 Dallas High Shoals HWY Dallas, NC 28034  81    Parcel # 170073 Terry & Cathy Allen 1540 S New Hope Rd. Gastonia, NC 28054  82    CERTIEICATEOF: SUFFICIENCY  To thel Board of Aldermen oft the Town ofDallas, North Carolina:  I, Sarah Hamrick, Town Clerk do hereby certify that Ihavei investigated the petition attached hereto and have found as a fact that said petition is signed by all owners ofreal property lyingin In witness whereof, Ihave heteunto set my! hand and affixed the seal of the' Town ofDallas,  the area described therein, in accordance with G.S. 160A-31, this/Lth Dayof_ March 2082.  SBAL  SarakHanvidl  Town Clerk  Re: Huss Amnexation- PID 170059, 170071  83    TOWN OFDALLAS, NORTH CAROLINA  REQUEST FOR BOARD ACTION  DESCRIPTION: McCall Annexation Petition  AGENDA ITEMNO.8C BACKGROUND INFORMATION:  MEETINGDATE: 4/12/2022  Annexation Petition, 2021-07, was submitted August 5, 2021 by Colleen McCall, property owner of3565 Dallas High Shoals Highway, Dallas, NC: 28034, further identified as Gastoh County The parcel is approximately 3.82 acres and is currently located in Gaston County. Thé petitioner seeks annexation into the Town ofDallas as part ofa Conditional Zoning District, CD R-5, for Staff was directed toi investigate the sufficiency oft the annexation petition to determine ifit meets the standards ofNCGS $160A-31, at the September 12, 2021 Board of Aldermen Regular Meeting. The petition has been deemed sufficient and the Board shall set aj public hearing date for the annexation oft the property. Ar rezoning public hearing will follow the annexation oft the The 2003 Future Land Use Map identifies thee parcels as Neighborhood and Community Business, but abuts al large parcel currently Zoned R-5, Single Family Residential.  Parcel #170097. This] parcel is considered contiguous.  inclusion in a larger development, known as Summey Creek.  property.  MANAGER RECOMMENDATION: Set a public hearing for May 10, 2022 to determine  annexation of thej property described. BOARD ACTIONTAKEN:  84    DocuSign Envelope ID:  TOWN OF DALLAS, NORTH CAROLINA PETITION FOR ANNEXATION  PETITION NUMBER: 2021-07  Contiguous  Non-Contiguous FEE: $500.00 Requested Zoning:.  DATE:  $/5/20a1  CurrentPropertyUse: Residential R-1  Conditional R-5  PlannedPropertyUses Single Family Residential  To the Board of Aldermen oft the Town of Dallas:  We,theundersignedownersofrealpropervyrespectulyrequestthatthe: aread describedas  3565 Dallas High Shoals parcell ID# #3548413268  DALLAS, NC28034, further identified as be annexed tot the Town of Dallas.  Print owner name(s) and information: Name Colleen T. McCall Address_ P.O. Box 977 Dallas, NC: 28034 Name Thomas McCall Address_P.0. Box 977 Dallas, NC: 28034  Phone. 704-400-9883  Phone, 704-400-9883  Name Address  Phone  Attachments included with Petition:  1. Legal description (as noted in propertydeed) 2. Letter outlining reasons for annexation request 3. List of Abutting Property Owners 4. Survey or Plat suitablei for recordation  5. $500Fee  -Docusignedby: BBPFAPACBE4A0. 4982B84EB5314BA.  Owner's Signature: lluMdall Owner'ss Signature: : 444, Owner's Signature: Received By:  Date:_ 7/13/2021 I 11:30 AM PDT Date: 7/14/2021 I 5:33 AM CDT  Date:  Oelant Suw  Date: $/s/2001  85    DocuSign Envelope ID: 5843AF9-354A-4356-917A-B967B9E87807  July12,2021 Town of Dallas Attn: Nolan Groce 210 N. Holland Street Dallas, NC2 28034  RE: Annexation Petition for Parcel 3548210130  Good afternoon Nolan,  The adjacent property was recently annexed and rezoned intot the Town of Dallas. We would like to include the subject property as part oft the overall development and would need to annex and rezone to  accomplish this. Thank youi in advance, -DocuSigned by: Thomas McCall  -Docusignedby: Colun Milall COeeeREZAA  7/14/2021 I 5:33 AM CDT  7/13/2021 I: 11:30 AM PDT  86    B-1  323333  Bhsrnd  aist  87    Page 1of3  BOOK 3806 PAGES 973 - 975 Gaston Recorded No. SA Alice 9999-00102367 B. Brown, Register 1of 10:14:66am of Bpages Deeds  NORTH CAROLINA GENERAL WARRANTY DEED  Excise" Tax: 4400 Parcel Identifier No. By: Mail/Box to: Grantee Briefo description fort thel Index:_ THISI DEEDr madet this  Verified by.  County ont the day of  Thisi instrument was preparedby: Thomas J. Wilson, PA  214t GRANTOR THOMAS K. MCCALL  day of_ August  003 bya andb between  COLIEENT. MCCALL 356/Dallas High Shoals Rd. Dallas, NC 28034  Enter in appropriate block for each party: name, Mairyamiémpias character ofe entity, e.g. corporation or partnership. The designation Grantor and Grantee as used! hereind-allingledes: suparties, their heirs, successors, anda assigns, and shalli include  singular, plural, masculine, feminine or neuter asrequtuiay gcontext.  WITNESSETH, that the Grantor, fora and byt these prosents does grant, the Cityo of_ North Carolina andr more SEE ATTACHED A. **This 1s a January 12, 4001  Qupaid by the Grantec, ther receipt ofv whichi is ntothe Granteei inf feos simple,a allt that certain] lot or hercby ofl land situatedi has  acknowledged, parcel in County,  Allas  Township, Gastort  Thomas K, McCall's name off of the deed dated in Book 3177, Page 611, Gaston County Registry.    The property hereinabove described wasa acquired by Grantor byi instrument recordedi in Book_ 3177 page. 611  Ar maps showing the above desçribed property is recordedi in! Plat Book NC Bar Association. Form No. 30 e 1976, Revised 01 1977,2002 Printed by Agreement with thel NCE Bar Association- 1981  page.  +James Williams & Co., Inc. www.amsWillamscom:  RECORDING; FEE aU EXCISE TAXPAIlS D.  88  Book: 3806 Page: 973 Seq: 1    Page 2of3  AK3805P6974  EXHIBITA  BEGINNING ata an existing ironp pins set ont the western margin oft the right of way ofthel High Shoals- Dallas Road (N.C. Highway 155), said iron marking the northeasternmost corner ofthep property of Yallam; running': thence: along ac common boundary line witht the lands of Yallam, Book 2910, South 73 deg. 11 min.2 sec. West 886.091 feett tos an existingi iron marking thei rear corner of'Lot! Page No.29 884, and! Lot? No.30; running thonce alonga a common! boundary with the lands of Finger, Book 1050, age North 35 deg. 59 min. 4s sec. West 200.131 feett toa ane existing ironj pin,a a control corner; and runningt thence 750, alonga a çommon boundary with thel lands of Summey, 96-E-149, North' 73 deg. 171 min. 51 sec. Bast 885.32 feet tos ane existingi iron pin set ont the western margin oft the right of way oft the High Shoals- Dallas Road; running thence along the western margino ofs said roadi righto of way South: 36 21 sec, Bast 198.37 feett to the point and place of Beginning, containing 3.82: acres, more orl less, deg. according min.38 Being: a portion ofLot 28 anda aj portion ofLot2 290 oft the D. D. andl L. d. Summey land shown on plat dated. July 25, 1940 and recordedi in Plat! Book 5, page 92, Gaston County Registry.  aplato ofs survey by Robert' T. Kelso, dated August 9, 1999.  to  2  89  Book: 3806 Page: 973 Seq: 2    Page 3of3  TOIIAVE. AND TOHOLDE thea aforesaid loto or parcclo aflanda anda all privileges and: "BK3A48AB975 tot the Grantcei inf fces simple, simple, thatt titlei is marketable and free and cleat ofs alle encumbrances, and that Grantor will ther right to convey thes samei inf fce  Andt the Grantor covenants witht the Grantee, that Grantori is seized oft thej promisesi inf fee simple, hast lawfuld claims ofallp persons whomsocver, other than the following exceptions:  warranta and defend thet title: againstt the  INWITNESS WHEREOF, the Grantor has duly execnted thet foregoing 8S ofthe day and year first aboves written.  Thomas K. McCall  (SEAL) (SEAL) (SBAL) (SEAL)  ALE : ON State ofNorth Carolina County of_ Lincoln  s!   - Ieundersignedk Notary Publico ofthe Countya ands Statea aforesaid, certify that Thomas. Ka McCall  thec duee executionoft thef foregoingi instrument persgpallya appeared beforet met this day and  dandN Notarials or sealt h stampo this_ y Commission) Expires: 6-9-07 State oft Nortb Carolina- County acknowledged that_ aNorth Carolina partnership hes signed (stiket the Notarials MyCommissionE Expires: State ofNartherolina- nty of - edgeduode executiono ofthe MyCon ission) Expires:  fort thep cses therein.expressed." Witness my dayoe E Notary Public that  21st a  st  2003  SEAL-STAMP  personally came before met this day and liability company/general partnershiplimited authority dulys given and: ast thez act ofe cache entity, oni itst bchalfa asi its act and deed, Witness my hand and  dayof_  20  Notary Public  SZAL-STAMP  L  1 dblicofthe Countya and State aforesaid, certify that_  personallya appeared! beforemet this day and  varials stampors scalt this_ foregoingi instrument fort the purposes thercin expressed. Witness my  dayof Notary Public  20:  Thef foregoing Certificate(s)of Gesaes Thisi instrument and CRBha By: - lma-B  PAHAAGI Register of Deeds for Gachs. Deputy/Assistart- Register of! Deeds  this certificate are duly, registered att thec date: and time andi int the Book and) Page shown is/gfe ont certifiedt the first tob bec correct.  page hereof. County  NÇI Bar Association Form No. 30 1976, Revised e 1977, 2002 Printedt by Agreement with thel NCI Bar Association- 1981  +James Williams & Co., Inc. www.ameVillamscom  90  Book: 3806 Page: 973 Seq: 3    Abutting Properties  Parcel #170097 Colleen McCall PO BOX977 Dallas, NC: 28034 Parcel #214259 Gaston Areal Lutheran FND INC 9165 SN Marietta St Gastonia, NC 28054 Parcel #170057 Frances Kirby & Samuel Summey 212Whiteoaks Circle Bluffton, NC 29910 Parcel #170090 Jerry Brooks POBOX980 Dallas, NC 28034 Parcel #170092 James Huffman 9021 Meredith Leigh Ln Cherryville, NC 28021  91    CERTIFICATE OFS SUFFICIENCY  To the Board of Aldermen oft the' Town ofDallas, North Carolina:  I, Sarah Hamrick, Town Clerk dol hereby certify that Ihave investigated the petition attached hereto and have found as a fact that said petition is signed by all owners ofreal property lyingi in In witness whereof,Ihavel hereunto set my! hand and affixed the seal ofthe' Town of Dallas,  the area described therein, in accordance with G.S. 160A-31. this 16H Day of_ March 202  SEAL   o  SamkVanaik  Town Clerk  Re: McCall Annexation- PID 170097  92    TOWN OF DALLAS, NORTH CAROLINA  REQUEST FOR BOARD ACTION  DESCRIPTION: Offer to Purchase Town-Owned Parcel #170058  AGENDA ITEMNO.8 8D BACKGROUND INFORMATION:  MEETINGDATE: 4/12/2022  Shawn Santee and Todd Akers submitted an offer on behalf of Charlotte Land Group LLCto purchase aj portion ofTown-owned land located at 3601 Dallas High Shoals Highway, further identified as Gaston County Parcel #170058. The land consists of11,974 square feet, or 0.2749 acres. The submitted offer is for $5,000. The offeror intends to include this property in the larger development known as Summey Creek, Subject property would: need to bei recombined Town staffhave previously communicated the offeror's: intent toj purchase this property in work session meetings. Public works and Engineering staff1 have stated this location will not affect the Ifapproved by the Board of Aldermen, offeror shall deposit fivej percent (5%) ofthel bid with the Town Clerk, the terms oft the offer will be published under N.C.G.S. $160A-269, and be open for A city may receive, solicit, or negotiate an offer to purchase property and advertisei iti for upset bids. When an offer is made and the council proposes to accepti it, the council shall require the offeror to deposit five percent (5%) of his bid with the city clerk, and shall publish a notice of the offer. The notice shall contain a general description of the property, the: amount: and terms of the offer, and a notice that within 10 days any person may raise thel bid by not less than ten percent (10%) of thei first one thousand dollars ($1,000) and five percent (5%) oft the remainder. When al bid is raised, thel bidder shall deposit with the city clerk fivej percent (5%) of thei increased bid, and the clerk shall readvertise the offer at thei increased bid. This procedure shall be repeated until no further qualifying upset bids are received, at which time the council may accept the offer and sell thej property to thel highest bidder. The council may at any time reject any and all offers. Ar resolution to accept the offer, along with ai map and other paperwork are attached.  and rezoned to accomplish this.  Town's ability to access and maintain the existing water tower.  upset bids as outlined below:  MANAGER RECOMMENDATION: Approve the resolution to accept the offer to purchase and  enter into an upset bid process for the sale ofa portion of Parcel #170058.  BOARD ACTIONTAKEN:  93    Resolution to Accept an Offer to Purchase  Proposing to Accept an Offer to Purchase Parcel #170058  WHEREAS, the Town of Dallas owns a 1.15-acre tract of land located at 3601 Dallas High Shoals Highway, being further identified as Gaston County Tax Parcel #170058;  and  WHEREAS, the Town currently doesnotutlirzethis. entire parcel;and  WHEREAS, the' Town hasreceivedan ffer-from Chanotte LandGroup LLC, 1135  Carmel Commons.Bld parcel totaling 0.,2749acres,  01 harlotte NC 286-opirhasea portion of this 974square feetasshown ontheatached mapi and  WHEREAS,tRTpW), has determined that thisparticular portoopopirlisnot NOW-THEREFORE BE IT RESOLVED thatiche Board of Aldermen oftheflownof Dallas propoxtsocecpu the offer toj purchasé thé designated property submittedby, BEITFURTHER RESOLVED that, upon filing of the required bid deposit asnotedin! periodin-whic an psetbid asdefinedin N.CBS.9160A-269, can be submitted,  beingegt-Aeraran, future use by the fo    Chanlotte Land.Groupl LLCini theamount.of $5,000:00.  160A-269, thTownhall pybsh a: notice of theoffer providing aten-day  5  Opted 19 the hday ofApril, 2022-  Rickcpan,Mayo  ATTESIED  Sarah Hamriakmawpe  ICAROY  94    -  GEEE  B I X W A LLI R A a K A a  228.81      234.42 $243507E  S231658'E 130.75'  $2316158'E D PROPERIY  139.98' LINE) (OLD PROPERIY LINE)  31)  N1746'44W 163.92'  tJ  N174644W 87.70' (OLD PROPERTY LINE)  I  g  40  : E W 3 S  95    DocuSign Envelope ID: 18347D199643F-A00939D028067953  OFFER TOI PURCHASE. AND CONTRACT [Consult "Guidelines" (Form 2G) for guidance in completing this form]  For valuable consideration, the receipt and legal sufficiency of which arel hereby acknowledged, Buyer offers to purchase and Seller upon acceptance agrees to sell and convey the Property on the terms and conditions oft this Offer To Purchase and Contract and any 1.TERMS AND DEFINITIONS: The terms listed below shall have the respective meaning given them as set forth adjacent to each  addendum or modification madei in accordance with its terms (together the "Contract").  term.  (a) "Seller": Town of Dallas (b)" "Buyer": Charlotte Land Group, LLC  (c)" "Property": Thel Property shall include all that real estate described below together with all appurtenances thereto including the NOTE: Ifthe Property willi include a manufactured (mobile) home(s), Buyer and Seller should consider including the Manufactured  improvements located thereon and the fixtures andy personal property listed in) Paragraphs 2 and 31 below. (Mobile) Home provision in the. Additional Provisions. Addendum (Standard Form 2A11-T) with this offer.  Street Address: 501-599 ollie Way  City: Dallas County: Gaston  Zip: 28034  North Carolina  NOTE: Governmental authority over taxes, zoning, school districts, utilities and mail delivery may differ from address shown.  Legal Description: (Complete ALL applicable) Plat Reference: Lot/Unit  Block/Section  SuhdvisomCondominium. ass shown onl Plat Book/Slide  atl Page(s) atl Page 105  Thel PIN/PID or other identification number oft thel Property is: 170058 Some ora all ofthel Property may be described in Deed Book 2529  Other description: Property to Purchase is a portion_of 170058 See ExhibitA- Summey Creek  (d) "Purchase Price": $5,000.00 $0.00 $500.00 $ $ $ $  paidi in U.S. Dollars upon the following terms: BY DUE DILIGENCE FEE made payable and delivered to Seller by the Effective Date by 0 cash 0 personal check a official bank check 0 wire transfer 0 electronic transfer (specify payment service: BY INITIAL EARNEST MONEY DEPOSIT madej payable and delivered tol Escrow Agent named in Paragraph 1(f) by D cash 0 personal check 0 official bank check a wire transfer, a electronic transfer, EITHER a by the Effective Date OR  within five (5) days oft the Effective Date oft this Contract. BY (ADDITIONAL) EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agenti named inl Paragraph I(f) nol later than 5p p.m. on TIME BEING OF THE ESSENCEby! 0 cash 0 official bank check Owiret transfer BYASSUMPTION ofthe unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a deed of trust on the Property in accordance with the attached Loan Assumption. Addendum (Standard Form2A6-T). BY SELLER FINANCING in accordance with the attached Seller Financing BY BUILDING DEPOSIT in accordance with the attached New Construction BALANCE oft the Purchase Pricei in cash at Settlement (some or all ofv which may be  a electronic transfer  Addendum (Standard Form 2A5-T). Addendum (Standard Form 2A3-T). paid with thej proceeds ofar new loan)  4,500.00  Ifthep parties agreet that Buyer willj payany fee or deposit described abovel by electronic transfer, Seller agrees to cooperatei ine effecting such transfer, including the establishment of any necessary account and providing any necessary information to Buyer, provided,  however, Buyer shalll be responsible for additional costs, ifany, associated withs such transfer.  Page 1of15  This formj jointly approved by: R North Carolina Bar Association Buyer'si initials SS  STANDARD FORM 2-T Revised" 7/2021 O 7/2021  North Carolina Association of REALTORS9, Inc.  REALTOR  Seller'si initials  96    DocuSign Envelope ID: 18P4ID-996AS3FA009.900206/953  Should Buyer fail to deliver either the Due Diligence Fee or any Initial Earnest Money Deposit by their due dates, or should any check or other funds paid byl Buyer be dishonored, for any reason, byt the institution upon which the payment is drawn, Buyer shall havec one (1) banking daya after written notice to deliver cash, official bank check, wire transfer or electronic transfer tot the payee. In the event Buyer does not timely deliver the required funds, Seller shall have the right tot terminate this Contract upon written notice to Buyer, and Seller shall be entitled to recover thel Due Diligence Feet together with all Earnest Money Deposit paid ort tol be paidi in the future. Ina addition, Seller may! be entitled tor recover: reasonable attorney fees and courto costs. See paragraph 23 fora aj party'sright (e) "Earnest Money Deposit": The Initial Earnest Money Deposit, the Additional Earnest Money Deposit and any other earnest monies paid or required tol bej paid in connection with this transaction, collectively the "Earnest Money Deposit", shall be deposited promptly and held in escrow by Escrow Agent until Closing, at which time it will be credited to Buyer, or until this Contract is otherwise terminated. Ini the event: (I) this offer is not accepted; or (2) a condition ofa any resulting contracti is not satisfied, thent the Earnest Money Deposit shall ber refunded tol Buyer. Seej paragraph 23 for remedies in the event oft breach of this Contract. Buyer and Seller consent to disclosure by the Escrow Agent of any material facts pertaining to the Earnest Money Deposit to the NOTE: In the event ofa dispute between Seller and Buyer over the disposition of the Earnest Money Deposit held in escrow,a licensed reale estate broker ("Broker") is required by statel law (and) Escrow Agent, ifnota a Broker, hereby agrees) tor retain the Earnest Money Deposit in the Escrow Agent's trust or escrow account until Escrow Agent has obtained a written release from the parties consenting toi its disposition or until disbursement is ordered by a court of competent jurisdiction. Alternatively, ifal Broker oran attorney licensed toj practice lawi inl North Carolina ("Attorney") isl holding the Earnest Money Deposit, the Broker or Attorney may deposit the disputed monies witht the appropriate clerk ofc courti in accordance with the provisions ofN.C.G.S. $93A-12. THE PARTIES AGREE THAT Al REAL ESTATE BROKERAGE FIRM. ACTING AS ESCROW AGENT MAY PLACE THE EARNEST MONEY DEPOSIT IN AN INTEREST BEARING TRUST ACCOUNT AND THAT ANY INTEREST EARNED THEREON SHALL BE DISBURSED TO THE ESCROW AGENT MONTHLY IN CONSIDERATION OF THE EXPENSES (g)* Effective Date": The date that: (1) the last one of Buyer and Seller has signed ori initialed this offer ort the final counteroffer, if any, and (2)s such signing or initialingi is communicated tot the party making the offer or counteroffer, ast the case: mayb be. Thej parties acknowledge anda agree that the initialsl lines att the bottom ofe eachj page ofthis Contract are merely evidence oft their having reviewed the terms of each page, and that the complete execution ofs suchi initials lines shall not be a condition of the effectiveness of this (h) "Due Diligence": Buyer's opportunity to investigate the Property and the transaction contemplated by this Contract, including but not necessarily limited to the matters described inl Paragraph 41 below, to decide whether Buyer, in Buyer'ssole discretion, will (i) "Due Diligence Fee": A negotiated amount, ifany, paid by Buyer to Seller with this Contract for Buyer's right tot terminate the Contract for anyr reason or no reason during thel Due Diligence Period. Its shall be the property of Seller upon the Effective Date and shall bea a creditt tol Buyer at Closing. The Due Diligence Fee shalll be non-refundable except int the event ofai material breach ofthis Contract by Seller, ori ift this Contract is terminated under Paragraph 23(b) or as otherwise provided in any addendum hereto. Buyer and Seller each expressly waive any right that they may have to deny the right to conduct Due Diligence or to assert any defense as tot the enforceability ofthis Contract based ont the absence or alleged insufficiency ofany Due Diligence Fee, it being the intent of the parties to create al legally binding contract for thej purchase and: sale oft thel Property without regard tot the existence or amount of any Due Diligence Fee. See paragraph 23 for aj party'sI right to attorneys' fees incurred inc collecting the Duel Diligence Fee. () "Due Diligence Period": The period beginning on the Effective Date and extending through 5:00 p.m. on 30 days (k)" "Settlement": Thej proper execution and delivery tot the closing attorney ofall documents necessary to complete the transaction contemplated byt this Contract, including the deed, settlement statement, deed oftrust and other loan or conveyance documents, and ()"Settlement Date": Thej parties agreet that Settlement willt take place on 10 days after DD Period (the' "Settlement  toa attorneys' feesi incurred in collecting the Earnest Money Deposit or Due Diligence Fee.  (f)" "Escrow. Agent" (insert name): Sellers attorney parties to this transaction, their real estate agent(s) andl Buyer's lender(s).  INCURRED BYI MAINTAINING: SUCH. ACCOUNT ANDI RECORDS ASSOCIATED THEREWITH.  Agreement.  proceed with or terminate the transaction.  after Contract Date  TIME. BEING OFTHE ESSENCE.  the closing attorney'sI receipt ofallf funds necessary to complete such transaction. Date"), unless otherwise agreed in writing, at a time and place designated by Buyer.  Page 2of15  Buyer's initials SS  Seller'si initials  STANDARD FORM: 2-T Revised 7/2021 07/2021  97    DocuSign Envelope ID: 18F3/D-196-S3FA009-390028061953  NOTE: See paragraph 12, DELAY IN SETTLEMENTICLOSING for conditions under which Settlement may! be delayed. (m) "Closing": The completion oft thel legal process which results int thet transfer oft title tot the Property from Seller tol Buyer, which includes the following steps: (1) the Settlement (defined above); (2) the completion of a satisfactory title update to the Property following the Settlement; (3) the closing attorney's receipt of authorization to disburse all necessary funds; and (4) recordation in the appropriate county registry of the deed(s) and deed(s) oft trust, ifany, which shallt take place as soon as reasonably possible for the closing attorney after Settlement. Upon Closing, the proceeds of sale shall be disbursed by the closing attorney in accordance with the settlement statement and the provisions of Chapter 45A of the North Carolina General Statutes. Ift the title update should reveal unexpected liens, encumbrances or other title defects, or ift the closing attorney is not authorized to disburse all necessary funds, then the Closing shall bes suspended and the Settlement deemed delayed under Paragraph 12 (Delay in Setlement/Closing). WARNING: The North Carolina State Bar has determined that the performance of most acts and services required for a closing constitutes the practice of law and must be performed only by an attorney licensed to practice law inl North Carolina. State law prohibits unlicensed individuals or firms from rendering legal services or advice. Although non-attorney settlement agents may perform limited services in connection with a closing, they may not] perform all the acts and services required to complete a closing. Ac closing involves significant legal issues that should be handled by an attorney. Accordingly, it is the position of the North Carolina Bar Association and thel North Carolina Association of REALTORSB that alll buyers should hire an attorney licensed in (n)" "Special. Assessments": A charge against thel Property bya a governmental authority: in addition to ad valorem taxes andi recurring governmental service fees levied with such taxes, or by an owners' association in addition to any regular assessment (dues), either NOTE: Buyer's and Seller's respective responsibilities for the payment of Special Assessments are addressed inj paragraphs 6(a)  North Carolina toj perform a closing. ofwhich may be al lien against the Property.  and 8(k).  2.FIXTURES. ANDI EXCLUSIONS:  WARNING: THE PARTIES SHOULD NOT ASSUMETHAT ANI ITEM WILL OR WILLNOT: BE INCLUDED IN THE SALE BASED ON AN ORAL OR WRITTEN STATEMENT OR UNDERSTANDING THATI IS NOT Al PART OF THIS CONTRACT. BUYER AND SELLER SHOULD BE SPECIFIC WHEN NEGOTIATING WHAT ITEMS WILL BE (a) Fixtures Arel Included inl Purchase! Price: ALLI EXISTING FIXTURES AREI INCLUDED IN THE: SALE ASI PART OF THE  INCLUDED ORI EXCLUDED FROMTHE SALE.  PURCHASE PRICE, FREE OF LIENS, UNLESS EXCLUDED IN SUBPARAGRAPHS (d) OR(e).  [THIS SPACE INTENTIONALLYI LEFTI BLANK]  Page3of15  SS  STANDARD FORM 2-T Revised 7/2021 07/2021  Buyer'si initials  Seller's initials  98    DocuSign Envelope ID: 718F347D-1996-433F-A009-59D028067953  (b) Specified Items: Buyer and Seller agree that the following items, ifp present ont thel Property ont the date oft the offer, shall bei included int the sale as part oft thel Purchase Price free ofl liens, unless excludedi ins subparagraphs (d) or (e) below. ALLITEMS] LISTED BELOW INCLUDE BOTH TRADITIONAL AND "SMART" VERSIONS AND ANY EXCLUSIVELY DEDICATED, RELATED  EQUIPMENT AND/OR REMOTE CONTROL DEVICES. Alarm and security systems (attached) for security, fire, smoke, carbon monoxide or other toxins with all related access codes, sensors, cameras, dedicated monitors, hard drives, video recorders, power supplies and cables; doorbells/chimes Alls stoves'ranges/ovens; built-in appliances; attached microwave oven; vent hood Antennas; satellite dishes and receivers Basketball goals andj play equipment (permanently attached ori in-ground) Ceiling and wall-attached: fans; light fixtures (including existing bulbs) Fireplace insert; gas logs or starters; attached fireplace screens; wood or coal stoves Floor coverings (attached) Fuelt tank(s) whether attached or buried, and including any contents that have not been used, removed or resold tot the fuel provider as of Settlement. NOTE: Seller's use, removal or resale ofi fuel in any fuelt tanki iss subject to Seller's obligation under Paragraph 8(c) toj provide working, existing utilities through the earlier ofClosing or possession by! Buyer. NOTE: State lawj provides that itist unlawful for any person, other than the supplier or the owner ofaf fuel supply tank, to disconnect, interrupt or fill the supply tank with liquefied petroleum gas (LP gas or propane) without the consent ofthes supplier.  Garage door openers Generators that are permanently wired Invisible fencing with power supply Landscape and outdoor trees and plants (except in moveable containers); raised garden; landscape and foundation lighting; outdoor sounds systems; permanent irrigation systems; rain barrels; landscape water features; address markers Mailboxes; mounted package andi Mirrors attached to walls, ceilings, newspaper cabinets or receptacles doors; all bathroom wall mirrors Storage shed; utility building Swimming pool (excludingi inflatable); spa; hot tub Solar electric ands solar water heating systems Sump-pumps, radoni fans and crawlspace ventilators; de- humidifiers that are permanently wired Surface-mounting brackets for television ands recess-mounted speakers; mounted intercom speakers; Thermostats Waters supply equipment, including filters, and softener systems; re-circulating and tanks Window/Door blinds and and brackets, door and window screens and combination doors, awnings and storm windows  system conditioning well pumps; pumps curtain and shades, drapery rods  (c) Unpairing/deleting data from devices: Prior to Closing, Seller shall "unpair" any devices that will convey from any personal property devices (hubs, intelligent virtual assistants, mobile devices, vehicles, etc.) with whicht they arej paired, delete personal data from any devices that will convey, andi restore all devices to factory default settings unless otherwise agreed. Seller's obligations under this NOTE: ANY FIXTURE OR OTHER ITEM: DESCRIBED IN SUBPARAGRAPHS (a). AND (b) THAT WILL: NOT BE A PART OF1 THE SALE: SHOULD. BE: IDENTIFIED IN SUBPARAGRAPHS (d) OR (e), ASA APPLICABLE. (d)) Items Leased or Not Owned: Any item which is leased or not owned by Seller, such as fuel tanks, antennas, satellite dishes and receivers, appliances, anda alarm and security systems must bei identified here and shall not convey:  paragraph 2(c) shalls survive Closing.  (e) Other Items That] Do Not Convey: The following items shall not convey (identif thosei items to bee excluded under subparagraphs  (a) and (b)):  Seller shall repair any damage caused by removal of any items excluded above.  Page 40 of15  Buyer'si initials SS  Seller'si initials  STANDARD FORM: 2-T Revised 7/2021 07/2021  99    DocuSign Envelope ID: 16P4/D1996-433FA009-9002067983  3. PERSONAL PROPERTY: The following personal property present ont the Property on the date oft the offer shall be transferred to  Buyer at closing at no value:  NOTE: ANY PERSONAL PROPERTY THAT WILL BE Al PART OF THE SALE SHOULD BEI IDENTIFIED IN THIS PARAGRAPH. Buyer is advised to consult with Buyer's lender to assure that the Personal Property items listed above can be  included int this Contract.  4.1 BUYER'S DUEI DILIGENCE PROCESS:  WARNING: BUYER IS STRONGLY ENCOURAGED TO CONDUCT DUE DILIGENCE DURING THE DUE DILIGENCE PERIOD. IfBuyer is not satisfied with the results or progress of Buyer's Due Diligence, Buyer should terminate this Contract, PRIOR TO THEI EXPIRATION OF THE DUEI DILIGENCE PERIOD, unless Buyer can obtaina a written extension from Seller. SELLER IS NOT OBLIGATED TO GRANT AN EXTENSION. Although Buyer may continue to investigate the Property following the expiration oft the Due Diligence Period, Buyer's failure to deliveral Termination Notice to Seller priort tot the expiration oft the Duel Diligence Period will constitute a waiver by Buyer ofa any rightt tot terminate this Contract based on any matter relating to Buyer's Due Diligence. Provided however, following the Due Diligence Period, Buyer may still exercise a right to terminate if Seller fails to materially comply with any of Seller's obligations under Paragraph 8 oft this Contract or for any other (a) Loan: Buyer, at] Buyer'sexpense, shall be entitled toj pursue qualification for and approval oft the Loan ifa any. NOTE: Buyer's obligation to purchase the Property is not contingent on obtaining al Loan. Therefore, Buyer is advised to consult withl Buyer's lender prior tos signing this offer to assure that the Due Diligence Period allows sufficient time for the appraisal to be completed and for Buyer's lender to provide Buyer sufficient information to decide whether to proceed with or terminate the (b) Property Investigation: Buyer orl Buyer's agents or representatives, at] Buyer's expense, shall be entitled to conduct all desired tests, surveys, appraisals, investigations, examinations and inspections of the Property as Buyer deems appropriate, including but (i)I Inspections: Inspections to determine the condition of anyi improvements on the Property, the presence of unusual drainage conditions or evidence ofe excessive moisture adversely affecting any improvements on thel Property, the presence of asbestos or existing environmental contamination, evidence of wood-destroying insects or damage therefrom, and the presence andl level of (ii) Review of Documents: Review oft the Declaration of Restrictive Covenants, Bylaws, Articles of Incorporation, Rules and Regulations, and other governing documents ofa any applicable owners' association and/or subdivision. Ifthe Property is subject to regulation by an owners' association, iti is recommended that Buyer review the completed Residential Property and Owners' Association. Disclosure Statement provided by Seller prior tos signing this offer. Itis also recommended that thel Buyer determine ift the owners' association or its management company charges fees for providing information required by Buyer's lender or (v) Survey: A survey to determine whether the property is suitable for Buyer's intended use and the location of easements, (vi) Zoning and Governmental. Regulation: Investigation of current or proposed: zoning or other governmental regulation that may affect Buyer's intended use of the Property, adjacent land uses, planned or proposed road construction, and school (vii)] Flood Hazard: Investigation ofp potential floodl hazards ont thel Property, and/ora any requirement toj purchase floodi insurance (vii) Utilities and Access: Availability, quality, and obligations for maintenance of utilities including water, sewer, electric, gas, communication services, stormwater management, and means of access to thel Property and amenities. (ix) Streets/Roads: Investigation oft the status oft the street/road upon which the Property fronts as well as any other street/road used to access the Property, including: (1) whether any street(S)road(s) are public or private, (2) whether any street(S)/road(s) designated as public are accepted for maintenance by the State ofNC or any municipality, or (3)i ifp private or not accepted for public maintenance, the consequences and responsibility for maintenance and the existence, terms and funding of any  reason permitted undert thet terms oft this Contract or North Carolina law.  transaction.  NOT limited tot the following: radon gas on thel Property.  confirming restrictive covenant compliance. (iv): Appraisals:. An appraisal oft thel Property.  (ini) Insurance: Investigation oft the availability and cost ofi insurance for the Property. setbacks, property boundaries and otheri issues which may or may not constitute title defects.  attendance zones. in order to obtain the Loan  maintenance agreements.  Page 5of15  Buyer'si initials SS  Seller'si initials  STANDARD FORM: 2-T Revised 7/2021 07/2021  100    DocuSign Envelope ID: 718F347D-1996-433F-A009-59D028067953  (x) Special Assessments: Investigation of the existence of Special Assessments that may be under consideration by a (xi) Fuel Tank: Inspections to determine the existence, type and ownership of any fuelt tank located on the Property. NOTE: Buyer is advised to consult with the owner ofa any leased fuel tank regarding the terms under which) Buyer mayl lease the (c) Sale/Lease of Existing Property: As noted inj paragraph. 5(b), unless otherwise provided in an addendum, this Contract is not conditioned upon the sale/lease ord closing ofother property owned by Buyer. Therefore, ifBuyer must sell orl lease other realp property inc ordert to qualify for ai new loan ort to otherwise complete thep purchase oft the Property, Buyer shoulds seekt to close onl Buyer'so other property prior tot the end ofthe Due Diligence Period or ber reasonably satisfied that closing on Buyer's other property will take place (d) Repalr/Improvement NegptationsAgreement: Buyer acknowledges and understands that unless the parties agree otherwise, THEI PROPERTY ISI BEINGSOLDINITS CURRENT CONDITION. Buyer and Sellera acknowledge: and understand that they may, but are not required to, engage in negotiations for repair/mprovements to the Property. Buyer is advised to make any repairmprovement requests in sufficient time to allow repair/mprovement negotiations tol be concluded prior to the expiration of the Due Diligence Period. Any agreement that the parties may reach with respect to repairs/mprovements: shall be considered an obligation of the parties and is an addition to this Contract and as such, must bei in writing and signed by the parties in accordance  governmental: authority or an owners' association.  tank and obtain fuel.  prior tot the Settlement Date oft this Contract.  with Paragraph 19.  NOTE: Seel Paragraph 8(c), Access tol Property and Paragraph 8(m), Negotiated Repairy/mprovements.  (e) Buyer's Obligation tol Repair Damage: Buyer shall, at Buyer's expense, promptly repair any damage to thel Property resulting from any activities of Buyer and Buyer's agents and contractors, but Buyer shall not be responsible for any damage caused by accepted practices either approved by the N.C. Home Inspector Licensure Board or applicable toa any other N.C. licensed professional performing reasonable appraisals, tests, surveys, examinations and inspections oft the Property. This repair obligation shall survive (f). Indemnity: Buyer will indemnify and hold Seller harmless from alll loss, damage, claims, suits or costs, which shall arise out of any contract, agreement, ori injury to any person or property as a result ofa any activities of] Buyer and Buyer's agents and contractors relating to thel Property except for any loss, damage, claim, suit or cost arising out of! pre-existing conditions of the Property and/or out of Seller's negligence or willful açts or omissions. This indemnity shall survive this Contract and any termination hereof. (g) Buyer's Right to' Terminate: Provided that Buyer has delivered any agreed-upon Due Diligence Fee, Buyer shalll have the right tot terminate this Contract for any reason or nor reason, by delivering to Seller written notice oftermination (the Termination: Notice") during the Due Diligence Period (or any agreed-upon written extension of the Due Diligence Period), TIME BEING OF THE ESSENCE. IfBuyer timely delivers the Termination: Notice, this Contract shall be terminated and the Earnest Money Deposit shall (h) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTING CONDITION  any termination oft this Contract.  ber refunded tol Buyer.  UNLESS PROVISION IS OTHERWISE MADEI IN WRITING.  5.BUYERI REFRESENTATIONS: (a)] Funds to complete purchase:  a (Check ifapplicable) Cash. Buyer intends top pay cashi in order top purchase the Property and does not intend to obtain a loan or funds from sources other than Buyer's own assets. Verifiçation of cash available for Settlement is Xi is not a attached. NOTE:I IfBuyer does noti intend to obtain a newl loan(s) and/or funds from sources othert thanl Buyer's own assets, Selleri is advised, prior tos signing this offer, to obtain documentation from Buyer which demonstrates that Buyer willl be able to close ont the Property 0( (Check ifapplicable): Loan(s)/Other Funds: Buyer intends to obtain a loan(s) and/or other funds toj purchase the Property from Buyer intends to obtain ai first mortgage loan oft the following typei in order toj purchase the Property: a FHA a VA (attach  without the necessity of obtaining al loan or funds from sources othert than Buyer's own assets.  OR:  the following sources (check all applicable. sources): a First Mortgage Loan: int the principal amount of_  FHA/VA Financing Addendum) a Conventional D USDA a Other type:  plus any financed VAI Funding Fee orl FHAI MIP.  Page 6of15  Buyer'si initials SS  Seller'si initials  STANDARD FORM: 2-T Revised 7/2021 07/2021  101    DocuSign Envelope D.718F347D-1998483FAA009.9028067983  OS Second Mortgage Loan: 0 Other funds:  Buyer intends to obtain a second mortgage loan of the following type in order to purchase the Property:  Buyer intends to obtain funds from the following other source(s) in order top purchase thel Property:  NOTE: Buyer's obligations under this Contract are not conditioned upon obtaining any loan(s) or other funds from sources other than) Buyer's own assets. Some mortgage loan programs and other programs providing funds for the purchase of property selected by Buyer may impose repair obligations and/or additional conditions or costs upon Seller or Buyer, and more information may! be Material changes with respect toi funding the purchase of the Property that affect the terms of the contract are material facts that (b) Other Property: Buyer a DOES a DOES NOT have tos sell orl lease other real property in order to qualify for a new loan or to complete thej purchase. (Complete thej following only if Buyer DOES have to: sell or lease other real property:) 0 (Check ifapplicable) Buyer's other property IS under contract as oft the date of this offer, and a copy of the contract has either been previously provided to Seller ora accompanies this offer. (Buyer may mark out any confidentiali information,. such as they purchase price and the buyer's identity, prior to providing a copy oft the contract to Seller.) Failure top provide a copy of thec contract shall not prevent this offer from becoming al binding contract; however, SELLER IS STRONGLY ENCOURAGED TO OBTAIN AND a (Check ifo applicable) Buyer's other property ISI NOT under contract as oft the date of this offer. Buyer'sproperty (check only Buyer is attempting tos sell/lease the Buyer's Property without the assistance ofal licensed real estate broker. NOTE: This Contract is NOT conditioned upon the sale/lease or closing of Buyer's other property. Ifthe parties agreet to1 make this Contract conditioned on a sale/lease or closing of Buyer's other property, an appropriate contingency addendum should be drafted (c) Performance of Buyer's Financial Obligations: To the best of Buyer's knowledge, there are no other circumstances or conditions existing: as ofthe date ofthis offer that wouldj prohibit Buyer fromj performing Buyer's financial obligations in accordance a Buyer has received a signed copy of the N.C. Residential Property and Owners' Association Disclosure Statement prior to the a Buyer has NOTI received a signed copy oft the N.C. Residential Property and Owners' Association Disclosure Statement prior to the signing oft this offer and shalll have the rightt to terminate or withdraw this Contract without penalty (including: a1 refund ofa any Duel Diligence Fee) prior to WHICHEVER OFTHEI FOLLOWING EVENTS OCCURS FIRST:(I)the end oft thet third calendar day following receipt of the Disclosure Statement; (2) the end of the third calendar day following the Effective Date; or Exempt from N.C. Residential Property and Owners' Association Disclosure Statement because (SEE a Buyer has received a signed copy of the N.C. Mineral and Oil and Gas Rights Mandatory Disclosure Statement prior to the a Buyer has NOT receiveda as signed copy oft thel N.C. Mineral and Oil and Gas Rights Mandatory Disclosure Statement prior tot the signing of this offer and shall have the right tot terminate or withdraw this Contract without penalty (including a refund ofa any Duel Diligence Fee) prior to WHICHEVER OFTHEI FOLLOWING EVENTS OCCURS. FIRST: (1) the end ofthet third calendar day following receipt of the Disclosure Statement; (2) the end of the third calendar day following the Effective Date; or  needed. must be disclosed.  Other Property. Address:  REVIEW THE CONTRACT ONI BUYER'S PROPERTY PRIOR TO ACCEPTINGTHIS OFFER.  ONE ofthef following options):  is listed with and actively marketed bya al licensed real estate broker. willl be listed with and actively marketed bya a licensed real estate broker.  byal North Carolina real estate attorney and addedt to this Contract. with this Contract, except as may! be specifically set forthl herein.  (d) Residential Property and Owners'. Association Disclosure Statement (check only one):  signing ofthis offer.  Settlement GUIDELINES): signing of this offer.  (3)  or occupancy by Buyer int the case ofa sale or exchange.  (e) Mineral and Oil: and Gas Rights Mandatory Disclosure Statement (check only one):  Settlement  (3)  or occupancy by Buyer int the case ofas sale or exchange.  Page 7of15  Buyer'sir initials SS  Seller'si initials  STANDARD FORM2 2-T Revised 7/2021 07/2021  102    DocuSign Envelope ID: 16P4D1996433FA009-9D028067983  a Exempt from N.C. Mineral and Oil and Gas Rights Mandatory Disclosure Statement because (SEE GUIDELINES): Buyer's receipt ofal Mineral and Oil and Gas Rights Mandatory Disclosure Statement does not modify or limit the obligations of Seller under] Paragraph 8(g) ofthis Contract and shall not constitute the assumption or approval byl Buyer of anys severance ofr mineral NOTE: Thej parties are advised to consult witha al NC: attorney prior to signing this Contract ifseverance oft mineral and/or oil and (a) Responsibility for Special Assessments: Buyer shall take titles subject to all Special Assessments that may! be: approved: following (i)anyl loan obtainedb by Buyer, including charges by and owners association and/or management company as agent ofand owners' (ii) charges required by an owners' association declaration to be paid by Buyer for Buyer's future use and enjoyment oft the Property, including, without limitation, working capital contributions, membership fees, or charges for Buyer's use of the  and/or oil andg gasi rights, except as may! be assumed or specifically approved by Buyer in writing.  gas rights has occurred 6.BUYER OBLIGATIONS: Settlement.  (b) Responsibility for Certain Costs: Buyer shall be responsible for all costs with respect to: association for providing information required by Buyer's lender; common elements and/or services provided tol Buyer, such as' "move-in fees"; (in) determining restrictive covenant compliance;  (iv)a appraisal; (v) titles search; (vi)t titlei insurance; settlement: statement; (viii) recording the deed; and  (vii) any fees charged by the closing attorney for the preparation of the Closing Disclosure, Seller Disclosure and any other (ix) preparation andi recording ofa all instruments required tos secure the balance ofthe Purchase Price unpaid at Settlement. (c) Authorization tol Disclose Information: Buyer authorizes the Buyer's lender(s), the parties' real estate agent(s) and closing attorney: (1) to provide this Contract to any appraiser employed by Buyer or by Buyer's lender(s); and (2) to1 release and disclose any buyer's closing disclosure, settlement statement and/or disbursement summary, or anyi information therein, to the parties to this  transaction, their real estate agent(s) and Buyer's lender(s). 7.SELLERI REPRESENTATIONS: (a) Ownership: Seller represents that Seller: has owned the Property for at least one year. has owned thel Property for less than one year. 0 does not yet ownt thel Property. (b) Lead-Based Paint (check ifapplicable): Addendum Standard Form 2A9-Ty).  a The Property is residential and was built prior to 1978 (Attach Lead-Based Paint or Lead-Based Paint Hazards Disclosure (c) Owners' Association(s) and Dues: Seller authorizes and directs any owners' association, any management company of the owners' association, anyi insurance company and any attorney whol has previously represented the Seller tor releaset tol Buyer, Buyer's agents, representative, closing attorney or lender true and accurate copies of the following items affecting the Property, including  any amendments: Seller's statement of account Declaration and Restrictive Covenants Rules and Regulations Articles of] Incorporation Bylaws oft the owners' association parking restrictions andi information architectural guidelines  master insurance policy showing the coverage provided and the deductible amount  current financial statement and budget oft the owners' association  Page 8of15  Buyer's initials SS  Seller'si initials  STANDARD FORM 2-T Revised 7/2021 07/2021  103    DocuSign Envelope ID: 718F347D-1996-433F-A009-59D028067953  0 (specify name of association): assessments ("dues") are $ owners' association ort the association manager is: Owners' association website address, ifany: a (specify name of association): assessments ("dues") ares owners' association or the association manager is: Owners' association website: address, ifany_ 8.SELLER OBLIGATIONS:  whose regular  per  Ther name, address andt telephone number oft thej president of the  whose regular  per  Ther name, address and telephone number of the president ofthe  (a) Evidence ofTitle, Payoff Statement(s) and Non Foreign! Status:  () Seller agrees to use best efforts to provide to the closing attorney as soon as reasonably possible after the Effective Date, copies of all title information in possession of or available to Seller, including but not limited to: title insurance policies, attorney's opinions ont title, surveys, covenants, deeds, notes and deeds oftrust, leases, and easements relating tot thel Property. (ii) Sellers shall provide to the closing attorney all information needed to obtain a written payoff statement from any lender(s) regarding any security interest int thel Property as soon as reasonably possible after thel Effectivel Date, and Seller designates the closing attorney as Seller'sagent with express authority to request and obtain on Seller's behalfpayoffs statements and/or short- (111) If Seller is not a foreign person as defined byt the Foreign Investment in Real Property" Tax Act, Seller shall also provide tot the closing attorney a non-foreign status affidavit (pursuant tot thel Foreign Investment inl Reall Property Tax Act). Int the event Seller shall not provide ai non-foreign status affidavit, Seller acknowledges that there may be withholding as provided by the (b). Authorization tol Disclose Information: Seller authorizes: () any attorney presently or previously representing: Seller toi release and disclose any title insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attorneys; (i) the Property's title insurer ori its agent to1 release and disclose all materialsi int thel Property's titlei insurer's (ort titlei insurer's agent's) filet to Buyer and both Buyer's and Seller's agents and attorneys and (ini) the closing attorney to release and disclose any seller's closing disclosure, settlements statement and/or disbursement: summary, or anyi information therein, tot the parties tot this transaction, their real (c). Access tol Property: Sellers shall provide reasonable access tot the Property through the earlier ofc Closing or possession by Buyer, including, but not limited to, allowing Buyer and/or Buyer's agents or1 representatives, an opportunity to (i) conduct Due Diligence, (i) verify the satisfactory completion of negotiated rpairs/mprovements, and (ii) conduct a final walk-through inspection ofthe Property. Seller's obligation includes providing existing utilities operating at Seller's cost, including any connections and de- NOTE: See WARNING inp paragraph 4 above for limitation on Buyer's right tot terminate this Contract as ai result ofl Buyer's (d) Removal of Seller's Property: Seller shall remove, by the date possession is made available to Buyer, all personal property (e) Affidavit and Indemnification, Agreement: Seller shall furnish at Settlement an affidavit(s) andi indemnification agreement(s) in form satisfactory to Buyer and Buyer's title insurer, ifa any, executed by Seller and any person or entity who has performed or furnished labor, services, materials orr rental equipment to thel Property within 120 days prior tot the date of Settlement and who may be entitled to claim a lien against the Property as described in] N.C.G.S. $44A-8 verifying that each such person or entity has been paid in full and agreeing toi indemnify Buyer, Buyer's lender(s) and Buyer's title insurer against all loss from any cause or claim (f)I Designation ofLien Agent, Payment and Satisfaction ofLiens: Ifrequiredb by N.C.G.S. $44A-11.1, Sellers shalll have designated al Lien. Agent, and Seller shall deliver tol Buyer ass soon as1 reasonably possible a copy oft the appointment ofLien Agent. All deeds of trust, deferred ad valorem taxes, liens and other charges against the Property, not assumed by Buyer, must bej paid and satisfied by Seller prior to or at Settlement such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to (g) Good Title, Legal Access: Seller shall execute and deliver a GENERAL WARRANTY DEED for the Property in recordable form nol later than Settlement, which shall convey fee simple marketable and insurable title, without exception for mechanics' liens,  pay statements froma any suchl lender(s). Internal Revenue Code.  estate agent(s): and Buyer's lender(s).  winterizing.  continued investigation of the Property: following the expiration oft the Duel Diligence Period. whichi is not aj part oft the purchase and all garbage and debris from thel Property.  arising therefrom.  obtain any such cancellations following Closing.  Page 9of15  Buyer'si initials SS  Seller'si initials  STANDARD FORM2 2-T Revised 7/2021 07/2021  104    DocuSign Envelope ID: 718F347D-1996-433F-A009-59D028067953  and free of any other liens, encumbrances or defects, including those which would be revealed by a current and accurate survey of thel Property, except: ad valorem taxes fori the current year (prorated throught the date of Settlement); utility easements andi unviolated covenants, conditions or restrictions that do not materially affect the value of the Property; and such other liens, encumbrances or defects as may be assumed or specifically approved by Buyer in writing. The Property must have legal access to a public right of NOTE: Buyer'sf failure to conduct a survey or examine title oft thel Property, prior tot the expiration oft the Due Diligence Period NOTE: Ifany sale oft the Property may! be a "shorts sale," consideration should be given to attaching a Short Sale Addendum (h) Deed, Taxes and Fees: Seller shall pay for preparation ofa deed and all other documents necessary toj perform Seller's obligations under this Contract, and for state and county excise taxes, and any deferred, discounted or rollback taxes, and local conveyance fees required by law. The deedi ist tol be made to: Charlotte Land Group, LLC or assigns  way.  does not relieve the Seller oftheir obligation to deliver goodt title under this paragraph.  (Standard Form 2A14-T) as ana addendum to this Contract.  (i) Agreement to Pay Buyer Expenses: Seller shall pay at Settlement $0.00  toward any of Buyer's  expenses associated with the purchase ofthe Property, att the discretion ofl Buyer and/orl lender, ifa any, including any FHA/VAI lender NOTE: Parties should review thel FHA/VA Addendum prior to entering an amount inl Paragraph 8(i). Certain FHA/VA lender andi inspection costs CANNOT be paid by Buyer at Settlement and the amount oft these should be included int the blank above. G)Owners' Association Fees/Charges: Seller shall pay: (i) any feesi required for confirming Seller's account paymenti information on owners' association dues or assessments for payment or proration; (ii) any fees imposed by an owners' association and/or a management company as agent of the owners' association in connection with the transaction contemplated by this Contract other thant thosef fees required tol be paid by) Buyer under paragraph 6(b)a above; and (iri) feesi incurred! by Selleri inc completing thel Residential Property and Owners' Association Disclosure Statement, andi resale or other certificates: related to a proposed sale of the Property. (k) Payment of Special Assessments: Seller shall pay, in full at Settlement, all Special Assessments that are approved prior to Settlement, whether payable inal lump sum or future installments, provided that the amount thereof can be reasonably determined or  and inspection costs that Buyer is not] permitted top pay.  estimated. Thej payment of such estimated amount shall be the final payment between the Parties. (I)) Latel Listing Penalties: Ally property tax latel listing penalties, ifany, shall bej paid by Seller.  (m) Negotiated keparsylmprovements. Negotiatedi repairs/mprovements shall be madei in a good and workmanlike manner and (n) Seller's Breach of Contract: Seej paragraph 23 for Buyer'sremedies int the event ofl breach ofthis Contract. 9. PRORATIONS. AND ADJUSTMENTS: Unless otherwise agreed, the following items shall be prorated, with Seller responsible for the prorated amounts of any taxes and dues through the date of Settlement, and Seller entitled to the amount of prorated rents (a) Taxes onl Reall Property: Ad valorem taxes andi recurring governmental service feesl levied with such taxes ont real property shall (b) Taxes onl Personal Property: Ady valorem taxes onj personal property for the entire years shall bej paidb by Seller unless thej personal property is conveyed tol Buyer, in which case, thej personal property taxes shall be prorated on a calendar year basis;  Buyer shalll havet the right to verify same prior to Settlement.  through the date of Settlement, and either adjusted between thej parties or paid at Settlement:  bej prorated on a calendar year basis;  (c) Rents: Rents, ifany, for the Property;  (d) Dues: Owners' association regular assessments (dues) and other like charges. 01 Buyer may obtain a one-year homey warranty at a cost not to exceeds_  10. HOME WARRANTY: Select one oft the following: a1 Nol home warranty is tol bej provided by Seller.  whichi includes sales tax and Sellera agrees to  payf fori ita at Settlement.  Page 10of15  Buyer'si initials SS  Seller'si initials  STANDARD FORM: 2-T Revised 7/2021 07/2021  105    DocuSign Envelope ID: 718F347D-1996-433F-A009-59D028067953  0 Seller has obtained and will provide a one-year home warranty from  ata cost of$ company. deed.  whichi includes sales tax and will pay fori ita at Settlement.  NOTE: Home warranties typically have limitations on and conditions to coverage. Refers specific questions to thel home warranty 11. RISK OF LOSS/CONDITION OF PROPERTY AT CLOSING: The risk of loss or damage by fire or other casualty prior to Closing shall be upon Seller. Seller is advised not to cancel existing insurance ont thel Property until after confirming recordation oft the Buyer'sobligation' to complete thet transaction contemplated by this Contract shall be contingent upon thel Property beingi ins substantially thes same orb better condition: at Closing as ont the date ofthis offer, reasonable wear and teare excepted. Ifthel Propertyi isi noti ins substantially the: same or better condition at Closing as ont the date oft this offer, reasonable wear and tear excepted, Buyer mayt terminate this Contract by written notice delivered to Seller and the Earnest Money Deposit shall be refunded tol Buyer. Ifthe Property is noti ins such condition and Buyer does NOT elect tot terminate this Contract, Buyer shall be entitled tor receive, in: addition tot the Property, thej proceeds ofa any 12. DELAY IN SETILEMENTCLOSING: This] paragraph shall apply ifc one party is ready, willing and able to complete Settlement ont the Settlement Date ("Non-Delaying Party") but iti is not possible for the other party to complete Settlement byt the Settlement Date ("Delaying Party"). In such event, thel Delaying Party shall be entitled to a delay in Settlement and shall give as muchi notice as possible tot thel Non-Delaying Party and closing attorney. Ifthe Delaying Party fails to complete Settlement and Closing within seven (7) days of the Settlement Date (including any amended Settlement Date agreed toi in writing by the parties), thent the Delaying Party shalll be in breach and the Non-Delaying Party may terminate this Contract and shall be entitled to enforce any remedies available to such party 13.1 POSSESSION: Possession, including all means ofa access tot thel Property (keys, codesi including security codes, garage door openers, electronic devices, etc.), shall be delivered upon Closing as defined in) Paragraph I(m) unless otherwise provided below:  insurance claim filed by Seller on: account ofany damage or destruction tot the Property.  under this Contract for the breach.  DAI Buyer Possession Before Closing Agreement is attached (Standard! Form 2A7-T) DAS Seller Possession After Closing Agreement isa attached (Standard Form 2A8-T)  Possession: is subject to rights of tenant(s)  NOTE: Consider attaching Additional Provisions. Addendum (Form 2A11-T) or Vacation Rental Addendum (Form 2A13-T) 14. ADDENDA:CHECK. ALLSTANDARD. ADDENDA THATN MAYI BE. APART OFTHIS CONTRACT, IF ANY, ANDATTACH HERETO. ITEMIZE ALLOTHER. ADDENDA TO7 THIS CONTRACT, IF ANY, AND ATTACH HERETO.  DAdditional Provisions Addendum (Form 2A11-T) J Additional Signatures Addendum (Form 3-T) E Back-Up Contract Addendum (Form 2A1-T) OFHA/VA Financing Addendum (Form 2A4-T) 01 Loan Assumption. Addendum (Form 2A6-T)  Identify other attorney or party drafted addenda: ExhibitA  New Construction Addendum (Form 2A3-T) Owners' Association Disclosure. Addendum Seller Financing Addendum (Form2A5-T) Vacation Rental Addendum (Form 2A13-T)  (Form 2A12-T)  01 Lead-Based Paint Or Lead-Based Paint Hazard Addendum (Form 2A9-T) a Short Sale Addendum (Form 2A14-T)  NOTE: UNDER NORTH CAROLINA LAW, REALI ESTATE BROKERS AREI NOTI PERMITTED TO: DRAFT ADDENDA 15. ASSIGNMENTS: This Contract may not be assigned. without the written consent of all parties except in connection with a tax- deferred exchange, buti ifassigned by agreement, then this Contract shalll bel binding on the assignee and assignee's! heirs ands successors. 16. TAX-DEFERRED EXCHANGE: In the event Buyer or Seller desires to effect a tax-deferred exchange in connection with the conveyance oft the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchanging partys shall be responsible: for all additional costs associated with such exchange, andp provided further, that al non-exchanging: party shall nota assume any additional liability withr respectt tos sucht tax-deferrede exchange. Buyer and Sellers shalle executes sucha additional documents, including assignment ofthis Contract in connection therewith, at no cost tot the non-exchanging party, ass shalll bei required to give effect  TO1 THIS CONTRACT.  tot this provision.  Page 11 of15  Buyer'si initials SS  Seller'si initials  STANDARD FORM: 2-T Revised 7/2021 07/2021  106    DocuSign Envelope ID: 718F347D-1996-433F-A009-59D028067953  17. PARTIES: This Contract shall be binding upon and shall inure to the benefit of Buyer and Seller and their respective heirs, successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter 18. SURVIVAL: Ifa any provision herein contained which by its nature and effect is required to be observed, kept or performed after the Closing, it shall survive the Closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept or 19.1 ENTIRE. AGREEMENT:-This Contract contains the entire agreement oft thep parties and there are noi representations, inducements or other provisions other than those expressed herein. All changes, additions or deletions hereto must be in writing and signed by all parties. Nothing contained herein shall alter any agreement between a REALTOR or broker and Seller or Buyer as contained in any 20. CONDUCTOFTRANSACTION: The parties agree that any action between them relating to the transaction contemplated byt this Contract may be conducted by electronic means, including the signing of this Contract by one or more of them and any notice or communication, giveni inc connection witht this Contract. Any written notice or communication: mayb bet transmitted tos any mailing address, e-mail address or fax number set forthi in the "Notice Information" section below. Any notice or communication to be given to aj party herein, and any fee, deposit or other payment to be delivered to a party herein, may be given to the party or to such party's agent. Delivery ofa any noticet toa aj party via means ofe electronic transmission: shalll be deemed complete ats such time as the sender performs the final act to send such transmission, in a form capable of being processed by the receiving party's system, to any electronic address provided for such party in the "Notice Information" section below. Seller and Buyer agree that the "Notice Information" and "Acknowledgment of Receipt of Monies" sections below shall not constitute a material part of this Contract, and that the addition or modification of anyi information therein shall not constitute a rejection of an offer or the creation ofa counteroffer. 21.1 EXECUTION: This Contract may be signed in multiple originals or counterparts, all ofv which together constitute one and the same 22. COMPUTATION OF DAYS/TIME OFI DAY: Unless otherwise provided, for purposes oft this Contract, the term "days" shall mean consecutive calendar days, including Saturdays, Sundays, and! holidays, whether federal, state, local or religious. For the purposes ofcalculating days, the count of"days" shalll begin ont the day following the day upon which anya act orr notice as providedi int this Contract was required tol be performed or made. Any reference to a date or time of day shall refer tot the date and/or time of day in the State of (a) Breach by Buyer: In the event of material breach of this Contract by Buyer, Seller shall be entitled to any Earnest Money Deposit. The payment of any Earnest Money Deposit and any Due Diligence Fee to Seller (without regard to their respective amounts, including zero) together shall serve as liquidated damages ("Liquidated Damages") and as Seller's sole and exclusive remedy for such breach, but without limiting Seller's rights under Paragraphs 4(e) and 4(f) for damage to the Property. Itis acknowledged by the parties that the amount of the Liquidated Damages is compensatory and not punitive, such amount being a reasonable estimation of the actual loss that Seller wouldi incur as a result ofat breach of this Contract by Buyer. The payment to Seller oft the Liquidated! Damages shall not constitute aj penalty or forfeiture but actual compensation for Seller's anticipated loss, (b) Breach by Seller: Int the event of material breach oft this Contract by Seller, ifE Buyer electst to terminate this Contract as a result ofs such breach, Buyer shall be entitled to return ofboth the Earnest Money Deposit and the Due Diligence Fee, together with the reasonable costs actually incurred by Buyer in connection with Buyer's Due Diligence ("Due Diligence Costs"). This provision (c) Attorneys' Fees: If1 legal proceedings are brought by Buyer or Seller against the other to collect the Earnest Money Deposit, Due Diligence Fee, or Due Diligence Costs, the parties agree that a partys shall be entitled to recover reasonable attorneys' fees to the extent! permitted under N.C. Gen. Stat. S 6-21.2.The parties acknowledge and agreet that the terms ofthis Contract with respect to entitlement to the Earnest Money Deposit, Due Diligence Fee, or Due Diligence Costs each constitute an "evidence of NOTE: Aj party seeking recovery of attorneys' fees under N.C. Gen. Stat. S 6-21.2 must first give written notice tot the other party that they have five (5) days from the mailing oft the notice toj pay the outstanding amount(s) without the attorneys' fees.  genders, as appropriate. performed.  listing agreement, buyer agency agreement, or any other agency agreement between them.  instrument.  North Carolina. 23. REMEDIES:  both parties acknowledging the difficulty of determining Seller'sa actual damages for suchl breach.  shall not affecta any other remedies available tol Buyer.  indebtedness" pursuant tol N.C. Gen. Stat. S 6-21.2.  Page 12of15  SS  STANDARD FORM 2-T Revised 7/2021 07/2021  Buyer'si initials  Seller'si initials  107    DocuSign Envelope ID: 718F341D-1996433F-A00P-S9D028067983  THE1 NORTH CAROLINA ASSOCIATION OFI REALTORS", INC. AND THEI NORTH CAROLINA BAR. ASSOCIATIONI MAKE NOI REPRESENTATION ASTOT THEI LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OFTHIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT Al NORTH CAROLINA REALI ESTATE ATTORNEY BEFORE YOU SIGN This offer shall become a binding contract on the Effective Date. Unless specifically provided otherwise, Buyer's failure to timely deliver any fee, deposit or other payment provided for herein: shall not prevent this offer from becoming al binding contract, provided thata any such failures shall give Seller certain rights tot terminate the contract as described herein or as otherwise permitted by law.  IT.  Date: Buyer: Date: Buyer: Entity Buyer: By.  Date: Seller: Date: Seller: Entity Seller: Town of Dallas By: Name: Title: Date:  Charlotte Land Group, LLC ymsalayeppentonamuenhpfnislet) Slaww Sautu 11993DD7417344E. Name: Shawn Santee Title: Member  (Name ofL LLC/Corporation/PartnenhipfTnustete)  Print] Name  Print Name  Date: 3/7/2022 I 1:07 PM PST  WIRE FRAUD WARNING  TOI BUYERS: BEFORE SENDING ANY WIRE, YOU: SHOULD CALLTHE CLOSING, ATTORNEY'S OFFICETO VERIFY THEI INSTRUCTIONS. IF YOUI RECEIVE WIRINGI INSTRUCTIONS. FOR. ADIFFERENTI BANK, BRANCH LOCATION, ACCOUNTI NAME OR ACCOUNT NUMBER, THEY SHOULD BEI PRESUMED FRAUDULENT. DONOT SEND. ANYI FUNDS AND CONTACT THE CLOSING. ATTORNEY'S OFFICE IMMEDIATELY. TO SELLERS: IF YOUR PROCEEDS WILLI BE WIRED, IT ISI RECOMMENDED THAT YOUI PROVIDE WIRING INSTRUCTIONS, AT CLOSING IN WRITING. IN THE PRESENCE OF THE ATTORNEY. IF YOU AREI UNABLE TO ATTEND CLOSING, YOUI MAY BEI REQUIRED TO: SEND AN ORIGINAL: NOTARIZED, DIRECTIVE: TOTHE CLOSING ATTORNEY'S OFFICE CONTAINING1 THE WIRINGI INSTRUCTIONS. THISI MAYI BE SENT WITH THE DEED, LIEN WAIVER AND TAXI FORMS IF THOSE1 DOCUMENTS ARE BEING PREPARED FOR YOUI BY THE CLOSING ATTORNEY. AT. Al MINIMUM, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE' TO PROVIDE THE WIRE INSTRUCTIONS. THE WIRE INSTRUCTIONS SHOULD: BE VERIFIED OVER THE1 TELEPHONE VIA. A CALLTOYOU INITIATED: BY THE CLOSING. ATTORNEY'S OFFICE TO ENSURE THATTHEY. ARE NOTI FROM. AI FRAUDULENT WHETHER YOU ARE AI BUYER OR. A SELLER, YOU SHOULD CALLTHE CLOSING ATTORNEY'S OFFICE AT A NUMBER THAT IS INDEPENDENTLY OBTAINED. TOI ENSURE THAT YOUR CONTACT ISLEGITIMATE, YOU SHOULD! NOTI RELY ON Al PHONEI NUMBER IN ANI EMAILI FROM THE CLOSING ATTORNEY'S OFFICE, YOUR  SOURCE.  REALI ESTATE. AGENT OR. ANYONE. ELSE.  Page 13of15  STANDARD FORM2-T Revised 7/2021 O 7/2021  Buyer'si initials SS  Seller'si initials  108    DocuSign Envelope ID: 718F347D-1996-433F-A009-59D028067953  NOTICE! INFORMATION  NOTE: INSERT ATI LEAST ONE ADDRESS AND/OR: ELECTRONIC: DELIVERY ADDRESS EACHI PARTY AND. AGENT APPROVES FOR THEI RECEIPT OF ANYI NOTICE CONTEMPLATED: BY THIS CONTRACT. INSERT-NAPFORANY  WHICH AREI NOT. APPROVED. BUYERI NOTICE. ADDRESS: Ste 101 Charlotte Buyer Fax#:  SELLERI NOTICE. ADDRESS: Mailing Address: Seller Fax#: Seller E-mail:  Mailing Address: 1135 Carmel Commons Blvd  NC 28226  Buyer E-mail: hamanteameroun.cat  CONFIRMATION OF AGENCY/NOTICE ADDRESSES  Selling Firm! Name: Firm License #:_ Mailing Address: Individual Selling Agent: Selling Agent License #: Selling Agent Phone #: Selling Agent Fax# #: Selling Agent E-mail:  Listing Firml Name: Firm License #: Mailing Address: Individual Listing Agent: Listing Agent License #: Listing Agent Phone #: Listing Agent Fax #: Listing Agent E-mail:  Acting as OI Buyer's Agent a Seller's (sub)Agent 0 Dual Agent Acting as 0s Seller's Agent 0 Dual Agent  OA Acting as a Designated Dual Agent (check onlyi ifa applicable) 0 Acting as al Designated Dual Agent (check only ifa applicable)  [THIS SPACE. INTENTIONALLY LEFT BLANK]  Page 140 of15  STANDARD FORM: 2-T Revised 7/2021 072021  SS  Buyer'si initials  Seller'sinitials  109    DocuSign Envelope D.716F47D1986-SFA00P900208T933  ACKNOWLEDGMENT OF RECEIPT OFI MONIES  Seller: Town of Dallas Buyer: Charlotte Land Group, LLC Property. Address: 501-599 0llie Way  ("Seller") ("Buyer") 28034_(-Property)  Dallas  LISTING AGENT. ACKNOWLEDGMENT OFI RECEIPT OF DUEI DILIGENCE FEE  Paragraph 1(d) ofthe Offer tol Purchase and Contract between Buyer and Seller for thes sale oft the Property provides for the payment to  Seller ofal Duel Diligencel Feei int the amount of$0.00  receipt of which] Listing Agent hereby acknowledges.  Date_  Firm: By:  (Signature) (Print name)  as SELLER. ACKNOWLEDGMENT OF RECEIPT OF DUEI DILIGENCE FEE  Paragraph 1(d) oft the Offer tol Purchase and Contract between Buyer and Seller for thes sale ofthel Property provides for the payment to  Seller ofal Due Diligence Feei int the: amount of$0.00  receipt of which Seller hereby acknowledges.  Date_ Date_  Seller: Seller:  (Signature) (Signature)  DE ESCROW. AGENT ACKNOWLEDGMENT OFI RECEIPT OFI INITIALEARNEST MONEYI DEPOSIT Paragraph 1(d) oft the Offer tol Purchase and Contract between Buyer and Sclier for tbe sale ofthel Property provides for the payment to ofthe Offert tol Purchase and Contract hereby acknowledges receipt oft thel Initial) Earnest) Money) Deposit and agrees tol hold: and disburse  Escrow. Agent ofan) Initiall Barnest Money Deposit int the amount of$ $500.00 the same in accordance with thet terms oft the Offer tol Purchase and Contract.  Escrow. Agent asi identified inl Paragraph 1()  Date_  Firm: Sellers attorney  By:  (Signature) (Print name)  OESCROW. AGENT. ACKNOWLEDGMENT OFI RECEIPT OF (ADDITIONAL), EARNEST) MONEY: DEPOSIT Paragraph 1(d) oft the Offer tol Purchase and Contract between Buyer and Seller for the sale of thel Property provides for thej payment to 1(f) oft the Offer tol Purchase and Contract herebya acknowledges receipt of the (Additional): Earnest Money Deposit and agrees to hold  Escrow. Agent ofan (Additional): Earnest] Moneyl Deposit int the amount of$ and disburse the samei in accordance with the terms ofthe Offer tol Purchase and Contract.  Escrow. Agent asi identifiedi in Paragraph  Date: Time:  Firm: Sellers attorney  OAM OPM  By:  (Signature) (Printi name)  Page 15 of15  STANDARD FORM: 2-T Revised' 7/2021 e 7/2021  110    Summey Creek Rezoning Site Plan igh DalosH ShoalsHighway, TownofDallas, GastonCounty.NC  Santool LandG Group, Ino, Shawns Santee  111    C-13 C-31  "  -  Summey Creek Overall Site Plan 3015DdlasHigh ShossHwy. Dais, NC28034  Charlotel landGroup. Inc. Shawn Santoe CaR2  112