TOWN OF DALLAS OCTOBER 08, 2019 6:00PM  MINUTES FOR BOARD OF ALDERMEN MEETING  Thei following elected officials were present: Mayor Coleman, Alderwoman Thomas, Alderman Huggins, Alderman Withers, Thei following staff members were present: Maria Stroupe, Town Manager; Da'Sha Leach, Town Clerk; Tom Hunn, Town Attorney; Allen Scott, Police Chief; Tiffany Faro, Development Services Director; Doug Huffman, Electric Director; Jonathan Newton, Finance Director; Garrett Lowery, Recreation Director and Bill Trudnak, Public' Works Director. Earl Withers III, Fire  Alderwoman Morrow, and Alderman Cearley.  Chief and Robert Walls, Police Captain were absent.  Mayor Coleman called the meeting to order at 6:00 pm. He opened with the Invocation and the Pledge of Allegiance to the Flag followed. He welcomed everyone to the meeting and read the meeting rules for the audience. He asked if there were any additions or deletions to amend the agenda. There were two changes: Add a Closed Session and add anl Item 8E African American History & Culture. Alderman' Withers made a motion to approve the agenda with changes, seconded by Alderman Alderwoman Thomas made ar motioni to approve the minutes from September 10th, 2019 Regular Meeting and September  Huggins, and carried unanimously.  24th Work Session, seconded by Alderman Cearley, and carried unanimously.  Recognition of Citizens: Kindergarten- Kaison Long Third Grade Brandon Crusan  Carr School's Student oft the Month per Grade presented by the principal Dr. Duncan:  First Grade Kensyn Scoggin Fourth Grade Aden Ewing  Second Grade Matthew Moore Fifth Grade Ivana Perez  All oft the students were presented with a certificate. Everyone congratulated them on the accomplishment.  Curtis' Wilson, 438 S. Gaston St., He prayed over the Town, Leadership, and Town Staff.  Consent Agenda:  Community Planning Recognition Proclamation (Exhibit A) Gaston County Schools-Town of Dallas Cooperation Agreement Renewal (Exhibit B) Resolution Awarding Vehicle Financing to BB&T (Exhibit C) Town Events-Trick or Treat on the Square and' Veteran's Day (Exhibit D) Submission of Written Off Accounts to NCI Debt  Alderwoman Thomas made a motion to approve the Consent Agenda, seconded by Alderwoman Morrow, and carried  unanimously.  1    Public Hearings:  Item 6A wasa continued Public Hearing from September 10th 2019 on Non-Conforming Uses Text Amendment. The Development Service Director Ms. Faro re-presented that the Planning Board's request recommended for at text amendment to the Non-Conforming Uses text to expand the allowances for non-conforming uses within the B-3 Central Business District with the adjustments recommended by the Board from September 10th Regular Board Meeting. The current text states that anon-conforming use of any building or structure which is damaged to an extent exceeding 50% of its then reproduction value, exclusive of foundations, by fire, flood, explosion, earthquake, war, riots or Act of God, shall be discontinued, and such building or structure shall thereafter be used only in conformance with the provisions of the zonei in which located. The proposed amendment would allow current non-conforming uses that located within B-31 that have been in operation for 5+ years to resume activities at their current location int the event of damages to the building or structure- regardless of the extent, as long as the use was resumed within 9 months. The consistency statements were read to the Board and audience. Mayor Coleman asked the audience if they have any other comments or questions. Audience member didn'task: anything. Alderman Huggins made a motion to exit the public hearing, seconded by Alderwoman Thomas, and carried unanimously. Alderman Withers made a motion to adopt with the consistency statement provided by the Planning Board, seconded by  Alderwoman Morrow, and carried unanimously. (ExhibitE E)  Item 6B was the Public Hearing for Decriminalization of Zoning Ordinances. Alderwoman Thomas made a motion to enter into the public hearing, seconded by Alderman Cearley, and carried unanimously. In September, The Board of Alderman approved ai transition to civil penalties for nuisance violations. The proposed amendment ensures consistent enforcement practices across our ordinances as much as ist feasible. The Development Services Director requested at transition from criminal enforcement of the Town's: zoning ordinances to civil enforcement, which requires the approval ofs several text amendments. Currently, most of our ordinances read that violators shall, upon conviction, be guilty ofar misdemeanor and subject to at fine not to exceed $50 ori imprisonment not to exceed 30 days, and each dayt that any of the provisions violated shall constitute a separate offense. Atransition to civil penalties would allow Development Services to handle both the notice and penalty of these violations. Since civil penalties can accrue daily until cleanup occurs, and are collectable ina variety of methods including court action, NC Debt Setoff, and/or property liens, staff anticipates increased compliance with the necessary abatement of violations. The Planning Board is recommending approval with the following consistency statement: The proposed update of the Town's enforcement ordinances guiding land use-minimum housing, floodplain administration, subdivision, and zoning- is consistent with the adopted. 2003 Land Use Plan in order to maintain and enhance the Town's aesthetic qualities and physical character. These text amendments are therefore deemed reasonable and, in the public's, best interest in order to ensure compliance with the Town of Dallas' Code of Ordinances guiding land use and development regulations. Mayor Coleman asked the audience if they have any other comments or questions. Audience member Brenda Wells requested clarification concerning the house on the Humphrey's Chapel lot and how this change will impact the code enforcement proceedings. The Development Services Director explained the processing and gavea recommendation to Ms. Wells and the church body regarding the property ofconcern. Audience member Mr. Frank Milton asked for clarification on the proposed amendment and if commercial properties arei included. The text amendment includes commercial properties. Alderwoman Thomas made a motion to exit the public hearing, seconded by Alderman Cearley, and carried unanimously. Alderman Cearley made a motion to approve as presented with the consistency statement, seconded by Alderman Huggins. Yay votes: Alderman Cearley, Alderman Huggins, Alderman Withers, and Alderwoman Morrow. Nay  vote: Alderwoman Thomas. (Exhibit F)  2    Public Hearings continued...:  Item 6C was al Public Hearing on the Cemetery Ordinance Proposal. Alderman Huggins made a motion to enteri into a public hearing, seconded by Alderman Cearley, and carried unanimously. The Town was contacted bya a person that owns an 8-lot family plot that currently has two interments. The owner wants to sell the remaining 61 lots to another family. Currently, the Town's cemetery ordinance allows one central standing monument on at family plot (595.05(A)). The purchasing family would like to install an additional standing monument on the plot, which is not allowed under the Town ordinance. This item was discussed at the. July 23rd Work Session. It was requested that cemetery ordinances from other Gaston County municipalities be collected and reviewed. Upon review of other ordinances and discussion at the August 20th Board Meeting, Staff was directed to present a proposed ordinance change to remove the limitation of one standing monument per family plot. The proposed ordinance change was discussed at the August 27th Work Session. After discussion, the Board requested that this item be brought back to the September Work Session for further discussion. At the September Work Session there wasi further discussion concerning the proposed ordinance change to accommodate more than one monument per plot. After discussion, the Board requested that this item be brought back for potential ordinance revision at the October Board Meeting. A proposed ordinance was given to the Board for review. The Board decided to make some changes to the proposal. Mayor Coleman asked the audience if they have any other comments or questions. Audience members did not comment. Alderman Huggins made a motion to exit the public hearing, seconded by Alderman Cearley, and carried unanimously. Alderman Huggins made ar motion to amend the ordinance to allow fora a second monument only when a simple majority ofl lots in a family plot are sold, seconded by Alderman Cearley, and carried unanimously. (Exhibit G)  Item 6D was a Public Hearing on the Annexation Request-Ollie Way. Alderman Cearley made a motion to go into the public hearing, seconded by Alderwoman Morrow, and carried unanimously. NVR, Inc. and Katie Summey, owner PID#170057 (no address assigned), has petitioned for annexation into the Town of Dallas fori the development ofas single-family residential subdivision. This parcel is considered contiguous. The parcel is currently located outside of Town of Dallas zoning, but is adjacent to R-10: single family residential. The 2003 Future Land Use Plan highlights this specific parcel for Neighborhood and Community Business, but adjacent parcels are marked for new residential development. The Planning Board recommended the requested: zone of R-6 CDO (Cluster Development Overlay). The developer, ifs successful with this annexation, intends to pursue a phased development plan to extend beyond this parcel - some of which is already located within Town limits. The petitioner for annexation requested to continue this public hearing since the Board may consider adding denserz zoning that they may' want to be considered for. Board consensus to continue the public hearing to November 12th, 2019. (Exhibit H)  Old Business:  Item 7A was the Code Enforcement Position. This item was discussed at the August 27th Work Session and was placed on the agenda for the September 10th Board Meeting for action. At the September 10th Board meeting, it was requested that the item be placed on the September 24th Work Session agenda for further discussion. The item was discussed at the September 24th Work Session and is being brought back for action. As growth and development opportunities continue to increase for Dallas, iti is becoming increasingly difficult for the Development Services Director to devote the time needed to pursue economic development for the Town, review and accomplish ordinance revisions, and address code enforcement complaints and violations in our Town. In order to maximize the Development Services Director's time and abilities, we are proposing to add a Part-Time Code Enforcement Position to work in the Community Development Department. This position would work approximately 20 hours per week on average and would receive, investigate, and enforce Town ordinances in relation to code enforcement violations and complaints. The addition of this position would facilitate the timeframe within which violations could be remediated. The Board was given a current listing of complaints and violations received by the  Development Services Director.  Continued on the next page.  3    Old Business Item 7A continued..:  Many of these are still waiting to be addressed, while more complaints and violations are received each week. Each violation requires a minimum of three (3) site visits: 1) To verify thei initial violation, 2)7 Tot follow up after the initial deadline, and 3) To follow up after abatement to confirm compliance. There are approximately 15 new calls per month concerning code enforcement issues. A proposed. Job Description for the position and a budget amendment to fund the additional position for the remainder of this fiscal year was also given to the Board. Mayor Coleman called fora a vote to approve the position  and there was not a motion made. This item died for a lack ofar motion. (Exhibitl)  New Business:  Item 8A was on Dallas High School Apartments Managing Member Change. On October 31, 2002, the Town of Dallas entered into a development: agreement with William Farris and Scott Redinger, Co-Managing Partners of Dallas High School Apartments LLC, to seek a $250,000 CDBG Loan to assist the redevelopment oft the Old Dallas High School as 33 Senior apartments. Later, ina al Promissory Note, dated April 12, 2005, the Town loaned the LLC $230,000 of the funds at 2%i interest and a 20-year amortization rate, with only interest due each year, and al balloon payment due on December 10, 2024. The project went well and continues to be well managed, maintained, and fully occupied. In early 2015, Mr. William Farris sold his interest to Lutheran Services Carolinas (LSC) and the Town formally approved this change on May 12, 2015 within the terms of the loan agreement. On August 15, 2019, Mr. Scott Redinger sold his interest to LSC, making them the sole managing member of the property. LSC is requesting that the Town list them as the sole managing member oft the property fori the promissory note on the Dallas High School Apartments. 1SCisawel-regarded, faith-based owner and operator of many quality housing facilities throughout the Carolinas and will be a worthy exclusive owner of the property. Al letter approving LSC as the sole managing partner was given to the Board. No other terms oft the agreement will change as a result of the ownership change. The Board discussed this item with Staff to clarify this change in ownership. Alderwoman Thomas made ar motion to approve for Lutheran Services Carolinas to become the sole managing member oft the Dallas High School  Apartments, seconded by Alderwoman Morrow, and carried unanimously. (ExhibitJ)  Item 8B was a Special Events request by Gary Buckner, on behalf of the Gaston County Toy Run for Kids Organization. They will hold the annual Holiday charity motorcycle ride to provide toysf for Christmas to underprivileged children in Gaston County. The event will be held on Saturday, December 7th beginning at 11:45 p.m. and ending at approximately 12:45 p.m. The estimated attendance is 8001 to 1400 motorcycles and trucks. The ride will enter into Town on East Main St. and travel to the Ingles grocery store parking lot where they will hand out toys. The group will then leave the parking lot, turn left on West Trade St., travel to the Dallas Bessemer City Highway, proceed and out of Town. The groupi is requesting that 41 trash cans and 2 porta-jons be placed at the west end oft the Ingles parking lot on the grass, along with 4 portable barricades. Alderman Withers made a motion to approve, seconded by Alderman Cearley, and carried unanimously. (Exhibit K)  Item 8C was a Town Signage Proposal. In the spring, a sub-committee of the Board of Aldermen was formed to coordinate with Visual Inception on proposed signage to be placed on Highway 321 to designate the Town limits. The proposed drawing, as well as a quote, for the signage was given to the Board for review. This item was discussed at the September 24th Work Session and several color options were reviewed. The Board asked for color samples in the gold and yellow family in order to reflect our local high school. The Board also asked the Sign Committee to review the samples and bring backa recommendation to the Board at the October gth meeting. Upon review by the Sign Committee, a recommendation for option #3 was presented, along with al budget amendment for purchase andi installation of the signs. Allen Huggins made a  motion to approve #3 3, seconded by Alderwoman Morrow, and carried unanimously. (Exhibit L)  4    New Business continued..:  Item 8D was al Request for Power Usage by Vendors at Town Events by Anne Martin. Historically, the Town has not allowed vendors to plug into Town power due to concerns about the effects of unknown devices being attached toi the Town's power infrastructure. In discussions with Doug Huffman, Electric Director, there were recommendations made ift there is interest in allowing power attachments for vendors at Town events. The Board and Staff discussed concerns and a decision was made. Alderwoman Morrow made a motion to approve for lights at Trick or Treat on the Square at no cost, seconded by Alderman  Withers, and carried unanimously. (Exhibit M)  Item 8E was al Request for a Donation to the African American History & Culture. The request was for $75.00 per Dallas representative to assist in the celebration of the history and culture. They have developed a coloring book featuring people from every community. George. Jaggers, Stacey Thomas and Pearl Burris Floyd are Dallas representatives featured int the book as well as the museum located in Gastonia Loray Mills. Alderman Withers made a motion to donate $225.00, seconded  by Alderwoman Morrow, and carried unanimously. (Exhibit N)  Manager's Report and General Notices: anyone has information on a location.  The Meals on Wheels Program is looking for Dallas volunteers to deliver the meals and would like a newl location in Dallas if  -The Manager gave several training opportunities to the Board Members to consider.  Closed Session  Alderman Huggins made a motion to goi into Closed Session to discuss instructing the public body's staff or negotiating agents concerning the position to bet taken by or on behalf of the public bodyi in negotiating the price and other material terms ofa contract or proposed contract for the acquisition or real property by purchase, option, exchange, or lease as provided fori in Alderman Withers made a motion to exit the Closed Session, seconded by Alderman Huggins, and carried unanimously. (7:36)  G.S. $143.318.11., seconded by Alderwoman Morrow, and carried unanimously. (7:19)  No Action was taken.  Alderman Cearley made a motion to adjourn, seconded by Alderwoman Morrow, and carried unanimously. (7:38)   Leach, Town  Rik Lobmar Rick Coleman, Mayor  Da'Shal &  DAG U 8 6 5  ySDIC  L ITCNCS    EXHIBIT A  Community Planning Month Proclamation 2019  WHEREAS, change is constant and affects all cities, towns, villages, suburbs, counties, boroughs, WHEREAS, community planning and plans can help manage this change in a way that provides better WHEREAS, community planning provides an opportunity for all residents to be meaningfully involved WHEREAS, the full benefits of planning requires publicofficials and citizens who understand, support,  townships, rural areas, and other places; and choices for how people work and live; and  ini making choices that determine the futureoftheir community; and and demand excellence in planningand plan implementation; and WHEREAS, the month ofOctober is the United States ofAmerica and itst territories; and  HLA  designated as National CommumityPlanning: Month throughout  -  WHEREAS, the American Planning Association! and its professional institute, theAmerican Institute of Certified Planners, endorse/National Community Planning Month as an opportunity to highlightthe contributions sound planning and plan implementation make to thequality of our settlements and environment;  and  WHEREAS, the celebration of National Community Planning Month gives us the opportunity to publicly recognize the participation and dedication ofthe members ofplanning commissions and other citizen planners who have contributed theirtime and expertise to the improvement ofthe Town of] Dallas; and  -  WHEREAS, wei récognize themany valuable contributions made by professional community and regional planners ofthe Town ofDallas and extend our heartfeltthanks for the continued commitment to public  service by these professionals;  NOW,THEREFORE, BE IT PROCLAMED, that the month ofOctober 2019ish hereby designated as  Community Planning Month in the Town of Dallas in conjunction with the celebration ofNâtional  Community Planning Month.  Adopted' this thes &th dayofOctober, 2019.  Rick  Attestedby) , Da'Shal  - H  a Leach, Town Clerk  8 6    TH CARO    EXHIBIT B  STATE OF NORTH CAROLINA COUNTY OF GASTON  AGREEMENT FOR SCHOOL-COMMUNITY  COOPERATION  AGREEMENT made and entered into on the 1st day of October, 2019, by and between the TOWN OF DALLAS, a body politic and corporate having a charter granted by the General Assembly of North Carolina, ("Town"); and THE GASTON COUNTY BOARD OF EDUCATION, a corporate body created under the provisions of Chapter 633 of the 1977 Session Laws of North Carolina,  ("Board");  WITNESSETH:  WHEREAS, Town and Board are mutually interested in the welfare of the inhabitants of the Town of Dallas; and WHEREAS; Town. and Board are authorized to enter into agreements with each other and to do any and all things necessary or convenient to aid in the cultivation of citizenship by providing for adequate school and community recreation  programs; and  WHEREAS, Town and. Board each possess facilities located within the confinés of Town that would be beneficial for the  other to use at certain times; and  WHEREAS, in the interest of offering the best service to the most people with the least possible expenditure of public funds, full cooperation between the Town and Board is necessaryi NOW, THEREFORE, in consideration of the mutual promises made by Town and Board, these parties do hereby agree as  follows:  I. DEFINITIONS  A. The word "property" shall mean and include both real and B. The term "this agreement" shall include any future written amendments, modifications, or supplements made in  personal property.  accordance with Section XXI, infra.  1    EXHIBIT B  C. Each party shall be deemed to be "using" the property of the other during the time requested and approved in accordance with Section IV, infra, or in accordance with any amendment, modification or supplement to this  agreement.  D. Throughout this agreement, wherever the context requires or permits, the neuter gender shall be deemed to include the masculine and feminine and the singular number the plural,  and vice versa.  II. TERM  The initial term of this agreement shall be for a period commencing on October 1, 2019, and ending on September 30, 2022, both dates inclusive, unless sooner terminated as herein  provided.  The term of this agreement shall be automatically extended for a period of three years beginning on October 1, 2022, upon the same terms and conditions, herein provided, unless one party gives to the other four months before the end of the initial term of the agreement written notice that the agreement shall  not be SO extended.  III.  PROPERTY MADE AVAILABLE  A. BOARD'S PROPERTY. Upon Town's compliance with the  procedures set forth in Section IV.A., infra, Board will make available to Town for community recreation activities that property belonging to Board which is suitable for such  activities.  B. TOWN'S PROPERTY. Upon Board's compliance with the  procedures set forth in Section IV.B., infra, Town will make available to Board, for school events, activities, and/or programs, that property belonging to Town which is  suitable for such activities.  2    EXHIBIT B  IV. PROCEDURE  A. TOWN'S USE OF BOARD PROPERTY.  1. Town submits a written proposal to the appropriate school principal requesting that Town be allowed to use certain of Board's property made available to Town under Section III.A., supra. This request will specify the desired property, date(s), time(s) and  intended use( (s).  2. The principal then determines whether or not the requested property is available at the desired time and who determines what conditions should govern the use of the requested property. If he approves the request, the principal notifies the Director of Athletics of Board "Director") to that effect. 3. If Director concurs with the recommendation of the principal, he executes the proposal, retaining two copies for Board's records and forwards two copies to  Town for Town's records.  B. SCHOOL'S USE OF TOWN PROPERTY.  1. Board submits a written proposal to the Recreation Director of Town requesting that Board be allowed to use certain of Town's property made available to Board under Section III.B., supra. This request will specify the desired property, date(s), time( (s), and  intended use(s).  2. The Recreation Director then determines whether or not the requested property is available at the desired time and who determines what condition should govern the use of the requested property. If he approves the request, the Recreation Director notifies the Town  Manager to that effect.  3. If Town Manager concurs with the recommendation of the Recreation Director, he executes the proposal, retaining two copies for Town's records, and forwards two copies to Director for Board's records.  3    EXHIBIT B  V. PRIORITY  In determining the use of Board's property, school events, activities and/or programs shall have first priority; municipal recreation activities shall have second priority; and all events by any other groups or agencies shall have third priority. In determining the use of Town's property, municipal recreational activities shall have first priority; school events, activities and/or programs shall have second priority; and all events by any other groups or agencies shall have third priority.  VI. SUPERVISION  Board shall be entirely responsible for supervision of any use made of Town's property by Board pursuant to this agreement. Town shall be entirely responsible for supervision of any use made of Board's property by Town pursuant to this agreement.  VII.  EXPENDABLE MATERIAL  Each party hereto will furnish and supply all expendable materials necessary for its use of property belonging to the  other.  VIII. IMPROVEMENTS  Town. may improve Board's property by installing sprinkler systems; turfing, lighting, fencing, play and recreation equipment thereon, subject to Board's prior written approval of the location, plans and specifications for the placement of all such improvements upon school premises and of the type, design and construction thereof. Board shall, however, share in such expense to the extent authorized in its annual budget. The cost of maintaining these improved areas and facilities shall be borne proportionally by Town and Board as determined by the relative use thereof, and each party agrees to maintain such areas and facilities in good condition during the periods of its  responsibility therefore.  Board shall have the same right to improve Town's property made available to Board for school events, activities and/or programs, and shall also have the same duties and  4    EXHIBIT B  responsibilities with respect to Town's property as are set forth in the preceding paragraph of this Section VIII.  IX. RIGHT OF REMOVAL  It is agreed that all personal property owned by Town and erected in or upon Board property, even though attached to the realty, as well as all other permanent improvements, may be removed by the Town at any time, provided that: (1) Town shall not then be in default in the performance of the covenants hereof, (2) the removal of any such property and/or improvements shall be effected before the expiration of the term of this agreement, and (3) all damage caused to said premises by such removal shall be repaired by Town on or before said expiration. It is further agreed that Board shall have the same right to remove all personal property belonging to Board which it has erected in or upon any premises belonging to Town even though the same may be attached to the reality under the same terms as are set forth in the preceding paragraph of this Section IX.  X.  RIGHT OF INSPECTION  Board shall have the right to enter into and upon all its property made available to Town for community recreation activities under this agreement for the purpose of examining and inspecting the: same and determining whether Town shall have complied with its obligations hereunder with respect to the care and maintenance of the premises and repair or rebuilding of the improvements thereon when necessary. Town shall have the same right to enter into and upon its property made available to  Board under this agreement.  XI. MAINTENANCE  Each party, while using the property of the other pursuant to this agreement, shall (1) keep the property in neat order; (2) promptly remove all trash, refuse, garbage and debris of any kind from the said property which accumulates from such usei (3) Ascertain that a sufficient number of receptacles are available in the area for the disposal of such trash, refuse, garbage and debris of every kind; (4) prohibit littering; and (5) systematically and periodically clean the floors and  restroom facilities.  5    EXHIBIT B  XII.  REPAIR, REPLACEMENT AND CONDITION AT TERMINATION Each party shall, at the end of its period of use of the property of the other party pursuant to this agreement, surrender such property to the other in as good condition as it was at the time of the commencement of such use, reasonable wear and tear and damage by fire or other casualty excepted. Each party shall, at its own expense, make all repairs and/or replacements necessary to surrender the property of the other in accordance with this Section. All such repairs and/or replacements shall be at least equal in quality and class to the  original work.  XIII. INDEMNIFIFICATION  It. is expressly agreed and understood that Board will not be liable for any claims, damages, losses or expenses of any kind whatsoever, whether to persons or property (including, but not limited to, those claims, damages, losses or expenses resulting from or by reason of Board's negligent acts or omissions) arising out of, related to or connected with any accident, occurrence or event on or about Board's property, when the accident, occurrence or event takes place while Town is using said property pursuant to this agreement. It is also agreed and understood that Town will not be liable for any claims, damages, losses or expenses of any kind whatsoever, whether to persons or property (including, but not limited to, those claims, damages, losses or expenses resulting from or by reason of Town's negligent acts or omissions) arising out of, related to, or connected with any accident, occurrence or event on or about Town's property, when the accident, occurrence. or event takes place while the Board is using said property pursuant to this agreement. As a result of this express agreement and understanding, each party will at all times indemnify and hold the other party harmless, and will defend the other at its own expense, with respect to all aforementioned claims, damages, losses or expenses, whether such claims, damages, losses or expenses are covered by the other's  insurance.  XIV.  REMEDIES FOR BREACH  In the event either party shall breach or threaten to breach any provision(s) of this agreement, the other shall be  6    EXHIBIT B  entitled to terminate this agreement in accordance with Section XXII.B., infra. Additionally, each party shall indemnify the other against all costs, expenses, liabilities, losses, damages, injunctions, suits, fines, penalties, claims, and demands, including reasonable attorneys' fees, arising out of its breach  of any provisions(s) of this agreement.  XV. ARBITRATION  Mayor of Town ("Mayor") and Chairman of Board ("Chairman") are hereby constituted a Panel of Arbitration. Either party from time to time hereafter, upon ten days written notice to the other party, may substitute any person in lieu of its representative. This panel shall have authority, upon the written concurrence of both of its members, to determine every question which may arise under this agreement. In the event of disagreement, they.shall name a disinterested third partyi and the question in dispute shall be submitted to the three. A decision of a majority thereof shall be final. and binding upon both parties. However, if they are unable to agree upon any such third party, then the Senior Resident Superior Court Judge of the Judicial District then embracing Gaston County shall name  him.  XVI. ASSIGNMENT  Neither party shall sell or assign its rights under this  agreement.  XVII.  OBLIGATION OF SUCCESSORS  The agreements herein contained shall be binding upon and shall inure to the benefit of the parties hereto and their  respective successors.  XVIII. WAIVER OF BREACH  The waiver by either party of a breach of any provision of this agreement by the other will not be construed as a waiver of  any simultaneous or subsequent breach by the other.  7    EXHIBIT B  XIX.  COVENANT OF QUIET ENJOYMENT  Each party hereto agrees that the other's performance of the covenants to be performed by it hereunder shall entitle it to peaceably and quietly have, hold and enjoy the premises made  available to it pursuant to this agreement.  XX. ENTIRE AGREEMENT  This instrument contains the complete and exclusive statement of the agreement between Board and Town, which supersedes all proposals, oral or written, and all other communications between Board and Town relating to the subject of this agreement. All prior agreements, understanding, terms or conditions are deemed merged into this contract.  XXI. MODIFICATION  This agreement may not be amended, modified or supplemented orally but only. by written agreement, signed by the party(ies) against whom. enforcement of any amendment, modification or  supplement is sought.  Both parties recognize that conditions peculiar to the property made available to it hereunder, the intended use of the property, the limited availability of the property, and/or proposed improvement of the property may necessitate the execution of amendments, modifications or supplements hereto.  XXII.  TERMINATION FOR CAUSE  Either party may terminate this agreement at any time upon written notice in the event of breach of any provision(s) of this agreement. Termination for cause will be effective ten (10) days after the date notice is given in the event that  during such time the breach is not remedied.  XXIII. CONSTRUCTION  This agreement shall be governed by the laws of the State  8    EXHIBIT B  of North Carolina.  XXIV. SEVERABIDITY  The invalidity or unenforceability of any provision(s) of  this agreement shall in no way affect the validity or  entorceability of any other provision(s).  XXV. COUNTERPARTS  This agreement may be simultaneously executed in several counterparts, each of which sO executed shall be deemed to be an original; and such counterparts together shall constitute but  one and the same instrument.  XXVI. INSURANCE  Each party shall be résponsible for maintaining fire, extended coveragey and vandalism and malicious mischief insurance on the property owned by it and made available to the other during the term of this agreement. Board and Town hereby mutually release and discharge each other from all claims or liabilities arising from or caused by fire or other casualty covered by the above insurance on their respective properties. In addition, each party shall maintain a policy of comprehensive general liability insurance with a minimum limit of liability of one-million dollars $1,000,000.00) for bodily injury and for property damage and, an umbrella liability policy with a minimum limit of a liability of one-million dollars $1,000,000.00), to be effective while it is using the property of the other pursuant to this agreement. Within fifteen (15) days after the date hereof, each party shall deliver to the other certificates of insurance certifying that the insurance specified in this paragraph is in full force and effect. Such policies shall contain contractual coverage or name the parties to this agreement as the insured's. All insurance shall be effected by valid and enforceable policies issued by insurers of recognized responsiDll1ty and all such policies shall, to the extent obtainable, contain an agreement by the insurers that such policies shall not be cancelled without at least thirty  (30) days' prior written notice to the parties.  9    EXHIBIT B  XXVII. NOTICES  Every notice, approval, consent or other communication authorized or required by this agreement shall not be effective unless the same shall be in writing and sent postage prepaid by United States registered or certified mail, return receipt requested. (a) If intended for Town, it shall be addressed to:  Ms. Maria Stroupe, Manager Town of Dallas 210 N. Holland Street Dallas, North Carolina 28034  and (b) if intended for Board shall be addressed to:  Chad Duncan Director of Athletics P.O. Box 1397 Gastonia, NC 28053  The Gaston County Board of Education  or to such other address or to such other person, firm or corporation as either party may designate by notice given from time to time in accordance with this Article XXVII. Any notice given in accordance with the provisions of this Article shall be deemed to have been given. as of the date such notice shall have  been placed in the United State Postal Service.  10    EXHIBIT B  XXVIII.  LIST OF CURRENT OFFICIALS  Each party will keep posted with the other a current list of all officials of Town and Board who are in any way involved  in the implementation of this agreement.  IN WITNESS WHEREOF, Town and Board have executed this agreement  the day and year first above written.  TOWN OF DALLAS Mayor  By  ATTEST:  Town Clerk  THE GASTON COUNTY BOARD OF EDUCATION  By  Chairman  ATTEST:  Secretary  11    EXHIBIT B  STATE OF NORTH CAROLINA COUNTY OF GASTON This  day of  20  personally appeared before me,  who  being duly sworn by me says that he/she knows the common seal of who is the Mayor and presiding member of municipal corporation; and that he/she saw the said Mayor sign the foregoing instrument and saw the said common seal of said municipal corporation affixed to said instrument by said Mayor, and that he/she, the same signed his/her name in attestation of said agreement in the presence of said Mayor of said municipal corporation.  the Town of Dallas and is acquainted with  Witness my hand and notarial seal, this the day and year  first above written  :  Notary Public  My Commi ssion Expires:  STATE OF NORTH CAROLINA COUNTY OF GASTON I,  a Notary Public, do hereby  certify that W. Jeffrey Booker, personally appeared before me this day, who being by me duly sworn, says that he knows the common seal of The Gaston County Board of Education, a corporate body, and is acquainted: with Brent Moore, who is the Chairman and presiding member of said corporate body, and that he, the said W. Jeffrey Booker, is the Secretary of said corporate body and saw the Chairman sign the foregoing instrument in the name of said corporate body, and saw the said common seal of said corporate body affixed to said instrument by said Chairman of  said corporate body.  Witness my hand and notarial seal, the  day  of  20  Notary Public  My Commission Expires:  12    EXHIBIT C  Resolution Approving Financing Terms  WHEREAS, The' Town ofDallas, NC ("Borrower"): has previously determined to undertake aj project fort the financing of vehicles and equipment (the "Project"), and thel Finance Officer has now presented aj proposal for the  financing of such project; and  BE ITTHEREFORE RESOLVED, as follows:  1. The Borrower hereby determines to finance thel Project through Branch Banking and' Trust Company ("BB&T") ina accordance with thej proposal dated September 13,2019. The amount financed shall: not exceed $278,862.00, the annual interest rate (in the absenceofdefault or change in tax status) shall not exceed 2.39%, and the 2. All financing contractsland: allrelated documents for the closing ofthe/financing (the "Financing Documents") shall be consistents withthef foregoing, terms. All officers and emplboyeor.heBorowver: are. hereby authorized and directed to execute and deliver any Financing Documents, and tot takealls such furtheraction as they may consider necessary" or desirable, to carry out thei financing ofthe] Project as contemplated by the proposal and this 3. Thel Finance Officerisl hereby authorized and directedito hold executed copies oft the Financing Documents until the conditions for the delivery of the Financing Documents, have been completed to such officer'ss satisfaction. The Finance Officer is authorized to approve changes to any Financing Documents previouslysigned.by Borrowerofticers: or employees, provided thatsuch changes shall not substantially alter theintent ofsuch documents or certificates fromthe'intent; expressedin thef formsiexecutedi by such officers. TheFinancing Documents shall be ins such final forms as thel Finance Officer shalla approve, with thel Finance Officer'srelease of amylmancingDocument for delivery constituting conclusive evidence of such officer's final approval ofthe 4. Thel Borrowers shall not take oromit to take any action the taking or omission ofv which shall cause its interest paymentsion this finançing to be includable int thegross income forfederal income tax purposesoft the registered owners of theinterest payment obligations. The Borrower héreby designates it obligations tomakeprincipal and interest payments undetheFinaneing! Documents as "qualified tax-exempt obligations" fort the purpose of 5. Thel Borrowerintends that the adoption of this resolution will be a declaration oft thel Borrower'sofficial intent to reimburse expenditures for the Project that are, to be financed from thej proceeds of the] BB&Tfinancing described above. The Borrowerintends: that funds that have been advanced; orthati may be advanced, from the Borrower's general fund or any other Borrower fund related to. thel Project, for project costs may. bei reimbursed from the 6. All prior actions of Borrower officers in furtherance oft thej purposes of this resolution are hereby ratified, approved, and confirmed., All other resolutions (or parts thereof) in conflict with this resolution are hereby  financing term shall not exceedb.years from closing.  resolution.,  Document's final form.  -  Internal Revenue Code Section, 265(b)(3).  financing proceeds.  repealed, toi the extent oft the conflict., This resolution shall takeeffect immediately.  Adopted this the gth day ofOctober, 2019.  DRD s 8 6 3  SONICD  RuhColn  Rick Coleman, Mayor  Attested by)  Da-Shal Leach, Town Clerk   CARO    EXHIBIT C  Town of] Dallas Estimated! Payment Schedule  Nominal Annual Rate: Event Loan  2.390%  Date 9/13/2019 278,862.00  Amount Number Period End Date  2 Payment 9/13/2020 50,441.30  6 Annual 9/13/2025  AMORTIZATION SCHEDULE- Normal Amortization, 3601 Day Year  Date Loan 9/13/2019 2020 Totals 2021 Totals 2022' Totals 2023 Totals 2024Totals 2025 Totals 2026' Totals Grand' Totals  Payment 0.00  Interest Principal Balance  278,862.00 0.00  0.00  1.9/13/2020 50,441.30 6,664.80 43,776.50 235,085.50 2 9/13/2021 50,441.30 5,618.54 44,822.76 190,262.74 3 9/13/2022 50,441.30 4,547.28 45,894.02 144,368.72 4 9/13/2023 50,441.30 3,450.41 46,990.89 97,377.83 5 9/13/2024 50,441.30 2,327.33 48,113.97 49,263.86 6 9/13/2025 50,441.30 1,177.44 49,263.86  50,441.30 6,664.80 43,776.50 50,441.30 5,618.54 44,822.76 50,441.30 4,547.28 45,894.02 50,441.30 3,450.41 46,990.89 50,441.30 2,327.33 48,113.97 50,441.30 1,177.44 49,263.86 302,647.80 23,785.80 278,862.00  0.00    EXHIBIT D  Towri of Dallas 210 North Holland Street Dallas, NC 28034-1625 (704)922-3176 Fax: (704).922-4701  DALLAS The Crosroads ofGson Cownty  Special Events! Activities Application  The purpose of this application. jsi to provide information about your event or activity in order for.t the Town of Dallas to best assist you, Dépending on the specific event, a permit application and/or fee(s) from other departments may be required. The applicant is responsible forp providing complete and accurate information ont the application, The applicant is rèsponsible for notifying the Town' of Dallas of any changes.A complete application must be submitted byr no later than 5:00 p.m. on the Tuesday preceeding the date oft the Board meeting at which. the event is to be approved, for an. event which is to occur   4  no sooner than 14 days following its date of approval.  APPLICATION INFORMATION  Name of Event: Applicant Name: Organization: Mailing Address: Cityl State IZip: Daytime Phone: Description: of the Event:  Trick or Treat on. the Square Sarah Turner Dallas Police Départment 207V W Ghurch St Dallas NC:28034 704-922-3116  Facility Requested: 100-300 Block of W Main St 100 Block of S Holland/ Court Square  Cell:  EMalfumeregianenst  Town and. local business sponsored Trick or Treat event  Does the event have àl Facebook, Twitter, or other social networking page:  no  Ifyes, please list URL(s): Date (s)! Requested for Event: 10/31/20019 Event Start Time: 5pm  Road Closure Time Begins (if applicable): 3:30pm Set Up Begins: Préferred Date & Time of Inspection (if required): NA Estimated Attendance: The Event is:  NA  Event End" Time:7pm Road Closure Time Ends:7:15pm Set Up Ends: 7:15pm  3:30pm  2500+  Private (by invitation only)  or X.  Open to General Public  Describe. the procedures to be used for selecting vendors and exhibitors for this event: Ihave spoken to all partiçipants and verballydiscussed general rules and practices ift this event.  Applicant's Signature: attend the meeting.  YMNE -  Date: 0444147  Ap pre-event meetingmay be required and willl be scheduled toi include appropriate staff. The event applicant must  1    EXHIBIT D  Town of Dallas 210 North Holland Street Dallas, NC 28034-1625 (704) 922-3176 Fax: (704)922-4701  DALLAS The Crosrodds fGaston County  Special Eventsl Activities Application  The purpose oft this applicationi is to provide information about your event or activity in order for the Town of Dallas tol best assist you. Depending on the specific event, a permit application and/or fee(s) from other departments may be required. The applicant is responsible for providing complete and accurate information on the application, The applicant is responsible for notifying the Town of Dallas of any changes. Acomplete application must be submitted by no later than 5:00 p.m. on the Tuesday preceeding the date oft the Board meeting at which the event is to be approved, for an event which is to occur  no sooner than 14 days following its date of approval.  APPLICATION INFORMATION,  Name of Event: Applicant Name: Organization: Mailing Address: City/Statel /Zip: Daytime Phone: Description of the Event:  Veteran's Day Event Garrett Lowery Town of Dallas 210 N. Holland St." Dallas, NC 28034 704-922-3176  Facility Requested: Court Square  Cell:  E-Mail:  Event tol honor veterans on the Court Square  Does the event have al Facebook, Twitter, or other social networking page: Date (s) Requested for Event: Tuesday, November 12, 2019  No  Ifyes, pleasé list URL(s): Event Start Time: 10:00 AM Road Closure Time Begins (if applicable):  Event End Time:11:00 AM Road Closure Time Ends: Set Up Ends: 10:00 AM  Set Up Begins: Estimated Attendance: The Event is:  8:30 AM  Preferred Date & Time of Inspection (if required):  100  Private (by invitation only)  or  X Open to General Public  Describe the procedures to be used for selecting vendors and exhibitors for this event:  No outside vendors or exhibitors Applicant's Signature: A attend the meeting.  Date: 10/2/19  Eg  pre-event meeting may be requiredand-will be scheduled to include appropriate staff. The event applicant must  1    EXHIBIT E  Consistency Statement: Non-Conforming Uses  The proposed text amendment to 153.045 is consistent with the 2014 Town Center Plan as it protects long-standing small independent businesses that help to provide a' "sense ofp place" to Dallas' historic Town Square, and is therefore deemed reasonable and in the public's besti interest. The proposed text amendment to 153.045 is also consistent with the 2003 Land Use Plan as the continued use of structures on Town Square adds to the economicvitality oft the area while honoring the historic character of these businesses andt the structures they are contained within, andi is therefore  deemed reasonable andi ini the public's best interest.  Cudwhhe Curtis Wilson, Chairman  8li/19  Date    EXHIBIT E  $153.045 NON-CONFORMING USES, BUILDINGS AND STRUCTURES.  (A) Non-conforming uses.  (1) Ar non-conforming use shall not be extended; except, however, a non-conforming use of any building may be extended to any portion or portions of said building which were at the time such use (2) No structural alterations shall be made in a building housing a non-conforming use, except those required by law or ordinance or ordered by an authorized officer to secure the safety of the building. (3) The non-conforming use of any building or structure which is damaged to an extent exceeding 50% of its then reproduction value, exclusive of foundations, by fire, flood, explosion, earthquake, war, riots or Act of God, shall be discontinued, and such building or structure shall thereafter be used only in  became non-conforming manifestly arranged or designed for such use.  conformance with the provisions of the zone in which located.  a) Any non-conforming use in existence 5 years prior to October 8, 2019 that is located within the B-3 Central Business District may continue to operate as its current non-conforming use in the event that the building or structure housing the non-conforming use is damaged, regardless of the extent, as long as a zoning and building permit as required for rehabilitation to resume operations is obtained within 9 months of the damage occurrence. (4) Ar non-conforming use shall not be changed to any but a conforming use. When a non-conforming use has been changed to a conforming use it shall not be changed again to any non-conforming use. (5) No changes shall be made in the landscaping, grading of the lot, or external appearances of a non-conforming use without the grant by the Board of Adjustment of a special exception authorizing such change. The Board, shall grant such an exception only upon an affirmative finding that the proposed change will have no adverse effect upon neighboring properties or upon the public and safeguards upon any such special exception which it grants for the further protection of neighboring properties in the public (B) Non-conforming buildings or structures. Non-conforming buildings or structures shall be allowed to (1) An non-conforming building or structure shall not be extended unless such extension shall comply (2) Anon-conforming! building or structure which is damaged to an extent exceeding 75% of its then reproduction value, exclusive of foundation by fire, flood, explosion, earthquake, war, riot or Act of God, shall not be reconstructed except in conformance with the provisions of this chapter. (3) Non-conforming signs or billboards shall be eliminated or changed to conform with the provisions of this chapter within 18 months of the date such signs or billboards become non-conforming.  welfare.  remain subject to the following provisions:  with all the requirements of this chapter for the zone in which it is located.    EXHIBIT F  Consistency Statement: Permitted Uses Revisions  The proposed update oft the Town's enforcement ordinances guiding land use-minimum housing, floodplain administration, subdivision, and zoning- is consistent with the adopted 2003 Land Use Plani in order to maintain and enhance the Town's aesthetic qualities and physical character. These text amendments are therefore deemed reasonable andi in the public's best interest in order to ensure compliance with the Town of Dallas' Code of Ordinances guiding land use and development regulations.  Applies to: 150.22, 150.361509.15123.15199: 152.005, 152.999, 153.003, 153.999  Culho Curtis Wilson, Chairman  10/2/19  Date    EXHIBIT F  $150.22 ENFORCEMENT OF ZONING REGULATIONS.  (A) Zoning permit required. No use, alteration, remodeling, repair, enclosure, or construction of any building or structure (including fences) shall take place until an application and plans are submitted for review and approval in the form of a (1) Any and all persons so designated to enforce this Ordinance shall be referred  Zoning permit by the town's Administrator to as the Administrator."  (B) If the work does not fall under the requirements of a zoning permit, the town's Development Services Director shall issue a letter exempting the applicant from a zoning permit, although the applicant may still be subject to obtaining a building permit from Gaston County,  according to SS 150.08 and 150.21.  (C) Failure to comply with any provision of this Ordinance is hereby declared unlawful. The following remedies and enforcement powers may be used to administer and enforce this  Ordinance:  1. The Administrator may withhold all permits or approvals if there is:  a.Ar repeat violation of this Ordinance; or issuing body that has not been met.  b. There is a condition or qualification of approval granted by a permit  2. The Administrator may deny or withhold all permits, certificates, or other forms of authorization on any land or structure or improvements owned or being developed by a person who owns, developed or otherwise caused an uncorrected repeat violation of this Ordinance. This provision shall apply whether or not the property for which the permit or other approval is sought is the property in  violation.  3. Any zoning permit or other form of authorization stipulated under this Ordinance 4. With or without revoking permits, the Administrator may order that work be stopped on any land or structure on any land on which there is an uncorrected violation of a provision of this Ordinance or of a permit or other form of authorization issued hereunder, in accordance with the power to stop work pursuant to G.S. 160A-421. The stop work order shall be in writing, directed to the person doing the work, and shall state the specific work to be stopped, the specific reasons thereof, and the conditions under which the work may be resumed. 5. Where a violation of this Ordinance involves a failure to comply with approved plans or conditions to which the approval of such plans was made subject, the Administrator may, upon notice to the applicant and other known parties in interest (including any holders of building permits affected), revoke the plan approval pursuant to G.S. 160A-422. Any permit mistakenly issued in violation of an  may- be revoked for any reason set forth in G.S. 160A-422.  applicable State or local law may also be revoked.  6. All violations of this section shall subject the offender to a civil penalty to be recovered by the city in a civil action in the nature of debt if the offender does not pay    EXHIBIT F  the penalty within 30 days after he has been cited for violation of the ordinance, and may be enforced by an appropriate equitable remedy including but not limited to injunctions issued from a court of competent jurisdiction as outlined in 153.999. 6. The Administrator may impose penalties as called for in Section 153.999, and each day's.continuing violation shall be a separate and distinct offense.    EXHIBIT F  $150.36 EXERCISE OF POLICE POWER; FINDING; PURPOSE.  (A) Pursuant to G.S. S 160A-441, it is hereby found and declared by the Board of Aldermen of the town that there exist ini the town dwellings which are unfit for human habitation due to dilapidation, defects increasing the hazards of fire, accidents and other calamities, lack of ventilation, light and sanitary facilities, and due to other conditions rendering the dwellings unsafe or unsanitary, and dangerous and detrimental to the health, safety and morals, and otherwise inimical to the welfare of the residents oft the (B) In order to protect the health, safety and welfare of the residents of the town as authorized by G.S. S 160A-19-6, it is the purpose of this subchapter to establish minimum standards of occupancy of all buildings used for human habitation as expressly authorized by G.S. S 160A-444, and to provide procedures for the repair, closing and demolition of buildings not conforming to the minimum standards of fitness, (C)AIl violations of this section that are not remedied by the deadline given through an order of repair, alteration and improvement, or vacancy, closing and removal or demolition shall subjectthe offender to a civil penalty to be recovered by the Town in a civil action in the nature of debt if the offender does not pay the penalty (D)Each day that the occupancy of the same after the time prescribed in the order of its repair, alteration and improvement, or its vacancy, closing and removal or demolition continues after the prescribed time shall constitute a  town.  as expressly authorized by G.S. S 160A441.  within 30 days following the given deadline.  separate and distinct offense as outlined in 150.99.  (E)V Violations of this chapter may also be enforced by an appropriate equitable remedy including but not limited to injunctions and orders of abatement issued from a court of competent jurisdiction issued from a court of competent, jurisdiction as outlined (F) Each day's continuing violation shall be a separate and distinct offense, and  in 150.99.  subject to penalties as outlined in 150.99.    EXHIBIT F  $150.99 PENALTY. be-subjecto$19.9:  fAF-Anyperson-wson-iolating-em/prowienoHlmircheplerforwhchmespeeliepenaly-preseribed-sha" (8shal-be-unlewfu-fer-tne-ownerohany-unsefe-buicing-o-alymeglechorreluse-torepeifeifer end-improve-the-seeorlofeiHovyocele/doxe-and-remoxeordemalarne-semezvpeyuponorder-olthe Howsinghmpediordelyodcomésemededophercinproned,wcd'inthe-ordet,end each-dey-thahthe-feilvre,megleetorrelpeHocompyh-meorderconinverahal-comhhiule-e-separote emnd-distinchoffense-rahal-beumlefu-fortne-owmerohonyumele-bvlcing-w-respespeeHo-wheh-an orderhas-beenisuedpurvontosxwpyorpermtne-ceponeyoHneseme-afer-the-"time prexerbedintheonderemderohirepaliraleraioeondimprovemen)etilsecemepdeing-end-remoyakor demelilionyended-dedhdey"ethescupenyohHesomeadhere-meprensibadirheorderohs, epairaleraliomond-impovememiorinveméreméremeelordemalionconinveroferlhe (G-The-violationelomoFam/provionoHhsCode-hal-cemshivec-macemenofrerprowided-byGs-s  prexeribed-ime-hakcocomiveceperdennetofene.  4-4-4.  150.99 PENALTY. NEW  (A) It shall be unlawful for the owner of any unsafe building to fail, neglect or refuse to repair, alter and improve the same; or to fail to vacate, close and remove or demolish the same, upon order of the Housing Inspector duly made and served as herein provided, within the time specified ini the order, and each day that the failure, neglect or refusal to comply with the order continues shall constitute a separate and distinct offense. (B) It shall be unlawful for the owner of any unsafe building with respect to which an order has been issued pursuant to $ 150.46 to occupy or permit the occupancy of the same after the time prescribed in the order of its repair, alteration and improvement, or its vacancy, closing and removal or demolition, and each day that the occupancy of the same after the time prescribed in the order. of its repair, alteration and improvement, or its vacancy, closing and removal or demolition continues after the prescribed time shall constitute a (C) Any person, firm or corporation. violating any of the provisions of this chapter for which no other penalty is provided, or failing or neglecting or refusing to comply with same, shall be subject to a civil penalty in the amount of $100 after the given time to correct expires. (D) Each day that a violation continues after a person has been notified that such a violation exists, and that he or she is subject to the penalty specified in subsection (C), shall constitute a (E) The violator shall contact Town Hall for a re-inspection once the violation is remedied in order to stop the accrual of civil penalties. This penalty may be recovered by the Town in a civil action in the nature of debt if the violation persists 30 days after the violator(s) have been cited for violation of the ordinance, or if a balance remains unpaid after a final invoice is mailed. (F) This chapter may also be enforced by any appropriate equitable action, including but not (G) The Town may enforce this chapter by any one or any combination of the foregoing remedies. (H) Violations of the provisions of this chapter shall not be considered a misdemeanor pursuant to  separate and distinct offense.  separate offense once the time to correct has expired.  limited to injunctions or orders of abatement.  G.S.S 14-4.    EXHIBIT F  $151.23 CORRECTIVE PROCEDURES.  (A) Violations to be corrected. When the Floodplain Administrator finds violations of applicable state and local laws, it shall be his or her duty to notify the owner or occupant of the building of the violation. The owner or occupant shall immediately remedy each of the violations of law cited (B) Actions in event of failure to take corrective action. If the owner of a building or property shall fail to take prompt corrective action, the Floodplain Administrator shall give the owner written notice, by certified or registered mail to the owner's last known address or by personal (1) The building or property is in violation of the floodplain management regulations; (2) A hearing will be held before the Floodplain Administrator at a designated place and time, not later than ten days after the date of the notice, at which time the owner shall be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the (3) Following the hearing, the Floodplain Administrator may issue an order to alter, vacate (C). Order to take corrective action. If, upon a hearing held pursuant to the notice prescribed above, the Floodplain Administrator shall find that the building or development is in violation of this chapter, they shall issue an order in writing to the owner, requiring the owner to remedy the violation within a specified time period, not less than 60 calendar days, nor more than 180 calendar days. Where the Floodplain Administrator finds that there is imminent danger to life or other property, they may order that corrective action be taken in a lesser period as may be  int the notification.  service, stating:  matter; and  or demolish the building; or to remove fill as applicable.  feasible. (D) Appeal.  (1) Any owner who has received an order to take corrective action may appeal the order to the local elected governing body by giving notice of appeal in writing to the Floodplain Administrator and the Clerk within ten days following issuance of the final order. (2) In the absence of an appeal, the order of the Floodplain Administrator shall be final. (3) The local governing body shall hear an appeal within a reasonable time and may (E) Failure to comply with order. If the owner of a building or property fails to comply with an order to take corrective action for which no appeal has been made or fails to comply with an order of the governing body following an appeal, the owner shall be gulyokemisdemenor ma-albepathadethedheretamdhheoan subject to a civil penalty. This civil penalty may be recovered by the city in a civil action in the nature of debt if the offender does not pay the penalty within 30 days after he has been cited for violation of the ordinance, and may be enforced by an appropriate equitable remedy including but not limited to injunctions and orders of abatement issued from a court of competent, jurisdiction as (E) Each day's continuing violation shall be a separate and distinct offense, and is  affirm, modify and affirm, or revoke the order.  outlined in 151.99.  subject to penalties as outlined in 151.99.    EXHIBIT F  S 151.99 PENALTY.  (A) Violation of the provisions of this chapter or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance (B) Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $50 or imprisoned for not more than 30 days, or  or special exceptions, shall constitute a misdemeanor.  both.  (C) Each day the violation continues shall be considered a separate offense. (D) Nothing herein contained shall prevent the town from taking other lawful action as is  necessary to prevent or remedy any violation.  151.99 PENALTY (NEW)  (A) Any failure to comply with an applicable requirement, prohibition, standard, or limitation imposed by this chapter, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, is unlawful and shall constitute a  violation of this chapter.  (1) Any person, firm or corporation violating any of the provisions of this chapter, for which no other penalty is provided, or failing or neglecting or refusing to comply with same, shall be subject to a civil penalty as follows after the given time to correct expires, or after the first 10 calendar days following the Notice of Violation where not a. Any violation occurring once within a 12-month period shall be considered a first offense, and the violator shall be subject to a civil penalty of one hundred dollars ($100.00) for each day that the violation remains on the property. b. Any violation reoccurring on the same property by the same violator more than once within a 24-month period shall be considered a repeat offense provided the reoccurrence is a violation of the same Section of this Ordinance. A notice of violation shall be issued by the Administrator and shall have an immediate (2) Each day that a violation continues after a person has been notified that such a violation exists, and that he or she is subject to the penalty specified in subsection (a), shall constitute a separate offense once the time to correct has expired. (3) The violator shall contact Town Hall for a re-inspection once the violation is remedied in order to stop the accrual of civil penalties. This penalty may be recovered by the Town in acivil action in the nature of debt if the violation persists 30 days after the violator(s) have been cited for violation of the ordinance, or if a balance remains unpaid after a (B) This chapter may also be enforced by any appropriate equitable action, including but not (C) The Town may enforce this chapter by any one or any combination of the foregoing remedies. (D) Violations of the provisions of this chapter shall not be considered a misdemeanor pursuant to  otherwise specified.  civil penalty of three hundred dollars ($300.00).  final invoice is mailed.  limited to injunctions or orders of abatement.  G.S.S 14-4.    EXHIBIT F  S 152.005 COMPLIANCE WITH CHAPTER REQUIRED.  (A) All plats for the subdivision ofl land shall conform tot the requirements of this chapter, and shall be submitted in accordance with the procedures and specifications established herein. (B) All violations of this section shall subject the offender to a civil penalty to be recovered by the city in a civil action in the nature of debt if the offender does not pay the penalty: within 72 hours after he has been cited for violation of the ordinance, and may be enforced by an appropriate equitable remedy including but not limited to injunctions issued from a court of competent) jurisdiction as outlined in 152.999. (C) Each day's continuing violation shall be a separate and distinct offense, and is  subject to penalties as outlined in 152.999.    EXHIBIT F  $152.999 PENALTY.  A-#-Aer-Hie-edffedhe-deled-hircheplerem/peneomwhe,bemgleowmeroregemtok heowmerofany-lomdevad-mnelmiemtividlwsieomshNsaher: subdvides-his-erherlend-in-violetomoHlis-cheplerortremsfersorsels-en-by-referenee-te, exhibiion-of-oremyotheruse-chepletshowingersubdiwsionoHlemc-before"nes-been prepetrepowedumder-etmstsdeperwatrsnNCamyDedhaierho.n 9-he-dearpiombymatyomdhamdnteameathoneereroherdoomemtued i-the-process-ef-sohselingorfremsterfing-lame-ahel-metewempHne-tremsecthon-rom-this-pene"y 9-Me-tow,hrowghiralemeyoroheraaakdesgadty"e-lowSeerda Aldermenymeyemieienilegohwbelwhom,remierorsceoHiomebyseionfer-imunetion: 14-Funther-elaieralbeepepepeRsemisdtiom/lo-fine-amafor (8-lr-edelition-tothe-olherremeciereed-n-ha-eheplerfortne-emforememtolne-provisions oFHhis-chapter,thereguielions-end-tenderdr-conteined-n-hi-cheplermeybe-enie-enforeed-through  eg"yakemkcemecmen  mptiommentorprowdedbyG-s14-.  helssemee-okdieliosbytheswbdlwaoomAdminiretor: These-citelioms-shal-be-n-tnefommotere-cMir-penely  9-hecoumtymey-rerrhapedhyinedeadmintenawwreskerdehafe offemder-deesmotpey-hepenaly-ahn72houraherbehngdiedore-o.etom-nereien, fellure-to-peythe-ei-penalty-wi#hin72-hours-meysubieche-violelorlo-erimineil-cherges: 9-The-fallowingehfpemaleroresebihedervolsionrunderlissetion:  Waring-citation First-citetion  Correct-violetion-wi#hin-ten-deys  $10 $25 $50  Second-itelion-forseme-offense hire-and-subsequent-eiehonerse  4-hese-civirpendles-areinein-ecehiono-emyemyolerpenalhesywhemey-be-imposed-bye 5-ViolsHions-oftheprovsionsoHms-cheplershalrmo-be-comidereerecie-miademeener-pursuent-e  court-forvioleHion-eionoHheproviomseoHhs-chepler:  G.S-$14-4 (Ord. passed 1-16-2001)    EXHIBIT F  152.999 PENALTY. (NEW)  (A) (1) After the effective date of this chapter, any person who, being the owner or agent of the owner of any land located within the territorial jurisdiction of this chapter, thereafter subdivides his or her land in violation of this chapter or transfers or sells land by reference to, exhibition of or any other use of a plat showing a subdivision of land before the plat has been properly approved under the terms of this chapter and recorded in the County Deeds office,  shall be found in violation of this chapter.  (2) The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from violation of this Chapter. The Town, through its attorney or other official designated by the Board of Alderman, may enjoin an illegal subdivision, or transfer or sale of land by action for injunction. Building permits required by G.S. 160A-417 may be denied for any lot that has been illegally  subdivided.  (B) (1) In addition to the other. remedies cited in this Ordinance, for the enforcement of the provisions of the Ordinance, the regulations and standards contained in this Ordinance may be enforced through the issuance of citations by the Town. These citations shall be in the form of a civil penalty. The Town may recover this penalty in a civil action in the nature of a debt if the offender does not pay the penalty within seventy-two (72) hours after being cited for a violation. The following civil penalties are established for violations under this section:  Warning Citation - dg. First Citation Second Citation Third and Subsequent Citations Each continuing day in violation after 3rd citation  Correct violation within ten (10) days $50.00 fine plus correct violation within ten (10) days $100.00 fine plus correct violation within ten (10) days $250.00 fine plus correct violation within ten (10) days  $50 per day  (2) These civil penalties are in addition to any other penalties, which may be imposed by a (C) Violations of the provisions of this chapter shall not subject the violator to a criminal penalty or  court for violation of the provisions of this chapter. be considered a misdemeanor pursuant to G.S. $ 14-4.    EXHIBIT F  $153.003 ZONING AFFECTS EVERY BUILDING AND USE.  Exeepteshereine"erprovidled:  tA-No-buitingerioméahalbewedorosupiedoménobultingorpont-hereof-hal-be ereciedPmovedoraitredewepHinseniyw-herep"otiom-hercinforhe-zone-inwhid-n B-No-buldling-hel-be-ereetecledordlered'so-eo-exceed-me-heght-miptoe or-house-e-grecterediernumberolfemilesylo-ocepye-greaferperentege-oHne-letaredyerte heve-marrowerorsmalerreeryeres,fromtyerdys-hem-ere-reguiredifspeceiec-n  is-leceted.  he-regwiatiom-herehn-forlhe-zomeinwwlidhitislocted: (Ord. passed 11-3-1970; Am. Ord. passed 7-3- 1972)  153.003 ZONING AFFECTS EVERY BUILDING AND USE. (NEW)  Except as hereinafter provided:  (A) It shall be deemed unlawful to erect, construct, reconstruct, alter, maintain, expand, move or use any building, structure or sign or engage in development or subdivision of land contrary to the provisions of this Ordinance and in conformity with the regulations herein for the zone in which it is located. Any of the following shall be a violation of this Ordinance and shall be  subject to the remedies and penalties provided for in this Ordinance: without all of the approvals required by this Ordinance.  (1) (2) (3) (4) (5) (6) (7) (8) (9)  To place any use, structure, or sign upon land that is subject to this Ordinance To erect, construct, reconstruct, remodel, alter, maintain, move, or use any building, structure or sign, or to engage in development or subdivision of any land contrary to any Zoning, subdivision, sign or other regulation contained in this Ordinance. To engage in any subdividing, development, construction, remodeling or other activity of any nature upon land that is subject to this Ordinance without all of the approvals To engage in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval, certificate or other form of authorization required in order to engage in such activity. To violate, by act or omission or otherwise, any term, condition, or qualification placed by a decision-making body upon any permit or other form of authorization. To reduce or diminish any lot area so that the setbacks or open spaces shall be To increase the intensity of use of any land or structure, except in accordance with To accommodate or house a greater number of families than is allowable in the To fail to perform any act as required, or the performance of any act is prohibited, or a failure to comply whenever any regulation or limitation is imposed on the (10) To remove, deface, obscure or otherwise interfere with any notice required by this  required by this Ordinance.  smaller than prescribed by this Ordinance.  the procedural requirements and substantive standards of this Ordinance.  prescribed zoning district.  use of land and water, or on the erection of a structure  Ordinance.    EXHIBIT F  (11) To otherwise undertake any development or to establish any use in a manner which  does not comply with this Ordinance.  (B) Enforcement of this section shall be in compliance with 150.22 "Enforcement of Zoning  Regulations".  (1), All violations of this section shall subject the offender to a civil penalty to be recovered by the city in a civil action in the nature of debt if the offender does not pay the penalty within 30 days after he has been cited for violation of the ordinance, and may be enforced by an appropriate equitable remedy including but not limited to injunctions and orders of abatement issued from a court of competent jurisdiction as (2) Each day's continuing violation shall be a separate and distinct offense, and is subject  outlined in 153.999.  to penalties as outlined in 153.999.    EXHIBIT F  $153.999 PENALTY.  Amy-persem,HiFmrorcorporohon-wio-vololese-prowsomsoHnsa-chepleramclyepon-convicHiom: be-gulfyote-misdememerent-hal-be-inedmemetexeeedingsserimprtisenec-notekeeeding 30-deys-Eech-dey-hehiolalomcominvertoenltshalse-cemideredeseperele-offense:  (Ord. passed 11-3-1970; Am. Ord. passed 7-3-1972)  153.999 PENALTY. (NEW)  (A) This Ordinance may be enforced by any means or any remedy provided for in G.S. 160A- 175 and 160A-389 unless otherwise expressly prohibited in this section. In addition, the Town may seek a mandatory or prohibitory injunction and an order of abatement commanding the responsible person(s) to correct the unlawful condition or cease the unlawful use of the subject premises. Penalties are cumulative, and the Town may pursue any or all of the same either individually or simultaneously at its discretion. (B) For the purposes of this chapter, responsible person(s) shall include but not be limited to: (1). An architect, engineer, builder, contractor, developer, agency, or any other person who participates in, aissists, directs, creates, causes, or maintains a condition that constitutes a violation of this chapter, or fails to take appropriate action, so that a (2) The owner of the land on which the violation occurs, any tenant or occupant of the property, any person, entity, agency, or association who is responsible for stormwater controls or practices pursugnt to a private agreement or public document, or any person, who has control over, or responsibility for, the use, development of the property. (C), Any failure to comply with an applicable requirement, prohibition, standard, or limitation imposed by this chapter, or the terms or conditions of any permit or other development approval or authorization granted pursuant to this chapter, is unlawful and shall constitute a  violation of this chapter results or persists.  violation of this division.  (a) Any person, firm or corporation violating any of the provisions of this section, including both property owner and/or tenant, for which no other penalty is provided, or failing or neglecting or refusing to comply with same, shall be subject to a civil penalty as follows after the given time to correct expires, or after the first 10 calendar days  following the Notice of Violation where not otherwise specified.  (B) Any violation occurring once within a 12-month period shall be considered a first offense, and the violator shall be subject to a civil penalty of one hundred dollars ($100.00) for each day that the violation remains on the  property.  (C) Any violation reoccurring on the same property by the same violator more than once within a 24-month period shall be considered a repeat offense provided the reoccurrence is a violation of the same Section of this Ordinance. A notice of violation shall be issued by the Administrator and shall have an immediate (b) Each day that a violation continues after a person has been notified that such a violation exists, and that he or she is subject to the penalty specified in subsection (a), shall constitute a separate offense once the time to correct has expired.  civil penalty of three hundred dollars ($300.00).    EXHIBIT F  (b) The violator shall contact Town Hall for a re-inspection once the violation is remedied in order to stop the accrual of civil penalties. This penalty may be recovered by the Town in a civil action in the nature of debt if the violation persists 30 days after the violator(s) have been cited for violation of the ordinance, or if a balance remains unpaid after a (c) This chapter may also be enforced by any appropriate equitable action, including but (d) The Town may enforce this chapter by any one or any combination of the foregoing  final invoice is mailed.  not limited to injunctions or orders of abatement.  remedies.  (D) Stormwater: Any person who erects, constructs, reconstructs, alters (whether actively or passively), or fails to erect, construct, reconstruct, alter, repair or maintain any structure, BMP, practice, or condition in violation of this division shall be subject to the remedies, penalties,  and/or enforcement actions outlined below.  (1) The stormwater administrator or other authorized agent may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site and served by the stormwater practices in question until the applicant or other rèsponsible person has taken the remedial measures set forth ini the notice of violation or has otherwise cured the violations described therein. (2) As long as a violation of this division continues and remains uncorrected, the Town may deny any request for permit or development approval or authorization provided for by this division or the zoning ordinance for the land on which the violation occurs. (3) The stormwater administrator, with the written authorization of the Town manager, may institute an action in a court of competent jurisdiction for a mandatory or prohibitory injunction and order of abatement to correct a violation of this division. Any person violating this division shall be subject to the full range of equitable remedies (4) If the violation is deemed dangerous or prejudicial to the public health or public safety and is within the geographic limits prescribed by G.S. 160A-193, the stormwater administrator, with the written authorization of the city manager, may cause the violation to be corrected and the costs to be assessed as a lien against the property. (5) The stormwater administrator may issue a stop work order to the person(s) violating this division. The stop work order shall remain in effect until the person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein. The stop work order may be withdrawn or modified to enable the person to take the necessary remedial measures to cure such violation or (6) Civil penalties. Violation of this division may subject the violator to a civil penalty to be recovered in a civil action ini the nature of a debt if the violator does not pay the penalty within 30 days after notice of the violation is issued by the stormwater administrator. Civil penalties may be assessed up to the full amount of penalty to which the city is subject for violations of its Phase Il stormwater permit, in addition to the (7) Revocation of credits. For any site, development, or other property that receives a credit against the stormwater fee as a benefit of ownership, possession, or maintenance  provided in the General Statutes or at common law.  violations.  penalties as outlined in 153.999 (C).    EXHIBIT F  of any structural BMP, violation of this division may be enforced by revocation of that credit. Such revocation shall be effective as of the date of the violation. The violator shall be eligible for all applicable credits upon the abatement of the violation. (8) The remedies and penalties provided for violations of this division shall be cumulative and in addition to any other remedy provided by law, and may be  exercised in any order.  (E) Fire Protection and Fire Prevention: A violation of the fire prevention code which is deemed by the fire official to pose an immediate threat to public life, health or safety shall subject the violator to a civil penalty of $100.00. Any other violation of the fire prevention code shall  subject the violator to a civil penalty of $50.00.  (1) Upon discovery of a violation posing an immediate and serious threat to public life, health or safety, the fire official may issue a citation to the violator with no prior (2) If a violation is not deemed to pose an immediate threat to public life, health or safety, a written notice of violation shall be personally delivered or sent by United States certified mail to the violator. Such notice shall set forth the nature of the violation, direct that such violation be corrected within a specified period of time, not to exceed ten days, and inform the violator of the consequences of the failure to comply. The penalties and remedies provided herein may not be invoked until after the compliance (3) Each day's continuing violation after the compliance period has expired shall (4) Upon expiration of the compliance period, the fire official may issue a civil citation to the violator. If the violator fails to pay the penalty within ten calendar days after being cited for a violation, the penalty may be recovered by the city in a civil action in (5) Notwithstanding subsection (a) above, the provisions of this chapter may be enforced by appropriate equitable remedies issuing from a court of competent jurisdiction.  warning or notice to the violator.  period has expired.  constitute a separate and distinct offense.  the nature of a debt.  (F) Enforcement:  (1) Whenever the Administrator has reason to believe that a person is violating any of the provisions of this Ordinance or any plan, order, or condition that has been approved, issued, or imposed pursuant to this Ordinance, the Administrator shall notify (2) Except as provided above, no penalty shall be assessed pursuant to this Ordinance unless and until the person alleged to be in violation has been notified of the violation in accordance with this chapter, with the exception of violation of a stop work order or illegal placement of a sign in a public street right-of-way. In the case of stop work orders, violations shall be subject the violator to immediate imposition of a penalty. In the case of a sign illegally placed in a public street right-of-way, the Administrator shall (3) The notice of violation shall describe the violation, shall identify the provision(s) of this Ordinance that are alleged as having been violated, shall specify what actions must be taken to correct the violation, shall direct the person to correct the violation within a specified period of time, and shall warn that more severe measures may be brought  that person of this violation.  be authorized to remove such sign immediately without notice.    EXHIBIT F  against the person if he fails to take appropriate and timely actions to cure or correct the violation. The notice shall also state that the alleged violator or property owner shall have a period of up to fifteen (15) days from the date the notice was received to either correct the situation or appeal the Administrator's decision to the Board of Adjustment. Depending on the nature of the violation, the Administrator may grant one or more extension of time to cure or correct said violation. Such extension of time shall not be granted unless the alleged violator or property owner can demonstrate to the Administrator that the violation cannot be cured or corrected within the time period specified in the notice of violation due to extraordinary circumstances or to circumstances (4) If the violation is corrected or cured within the time period specified by the Administrator, the City shall take no further action against the alleged violator. (5) The Administrator may deny or withhold all permits, certificates, or other form of authorization to use or develop any land, structure, or improvement until an alleged violation and, where applicable, assoçiated civil penalty associated with that violation are properly corrected and/or addressed. This provision shall apply whether or not the current owner applicant for the permit or other approval is responsible for the violation. (6) Any development permit, certificate or other form of authorization required under this Ordinance may be revoked by the Administrator if it is determined that:  beyond the control of the alleged violator or property owner.  a. There is a departure from the approved plans, specifications, or conditions as b. The development permits was procured by false representation. d. Thère is a violation of any provision of this Ordinance as it relates to such  required under such permit.  c.The development permit was issued in error.  permit.  (7) The Administrator shall serve written notice of such revocation upon the alleged  violator or property owner.  (G) Violations of the provisions of this chapter shall not be considered a misdemeanor pursuant to  G.S.S 14-4.    EXHIBIT G  $95.05 MONUMENTS, MARKERS AND MEMORIAL ORNAMENTATION.  CURRENT  (A) Above-ground, vertical-face-etched headstones shall be referred to as monuments". Flush-to-ground, Fonzonta-oplaceetched headstones shall be referred to as "markers". Monuments are only allowed on "family plots", which shall comprise or more contiguous, family-related and owned individual lots. Then, only one central  monument is allowed on the family plot.  PROPOSED  (A) Above-ground, vertical-face-etched headstones shall be referred to as monuments". Flush-to-ground, onzona-oplace-etched headstones shall be referred to as "markers". Monuments are only allowed on "family plots", which shall comprise of more contiguous, family-related and owned individual lots. en-9nlyone-centra  monumentis-aHowed-on-tne-familyplet.    EXHIBIT H  NVR- Business Use Only  Homes Ryan Welcoming families home for over 65 years. Tiffany Faro Town of Dallas 210 NI Holland St. Dallas, NC: 28034  June 26, 2019  RE: Summey Property - Dallas, NC  Dear Tiffany,  Please find attached the Annexation Application: signed by the Sellers of parcel 170057, a copy oft the $100 check fort the application fee, a preliminary master plan, preliminary phasing and an estimation of Based on current yield calculations by Bohler Engineering, we are estimating that Phase 1 will entail roughly 100 lots. We estimate that upon delivery of our model lot, this should take approximately two years to sell through at 50 lots pery year. Upon the completion of Phase 1, we would anticipate already having Phase 2 developed and ready for construction to continue seamlessly from one Phase to the next and continue as such as we move intot the additional phases per the attached plan with a rough To achieve the yield and absorption that we estimate fort this community, we anticipate building our Simply Ryan singlet family detached product on Phase 1 and bringing in our Lifestyle age targeted: single family detached product into Phase 2. As we develop these two product lines, internally our objective is to do so in a way in which these two products generally act as their own separate communities while coming together to share the benefits of any amenity and any fire access requirements. To achieve this, we will continue to work closely with all interested departments from the Town of Dallas and Gaston County where applicable to determine the community needs during the site planning process. Ifapproved, we seei this community: as a basis for growth int tandem with the Apple Creek Business Park to allow for safe and affordable housing in close proximity for this growing employment base. With the forthcoming growth over those planned 318 acres, companies will find comfort in knowing that their investment ini this Town is not the only one. This community will allow a coming together across age ranges to allow families with differing needs to bei int the same area. This community will allow workers to come home to the Town of Dallas and reinvest in the economic growth oft the area. Iti is our plan to focus ont these first 30 acres and 100 units witht the intention of obtaining consent and creating a development plan for an additional 180 acres that will eventually be annexed and rezoned to become additional phasing of this community. As lobtain those approvals, Iwilll be able to share more  renderings based on our current product assumptions for the community.  estimation of2 years between the site development of each phase.    EXHIBIT H NVR- Business Use Only  information on the exact parcels, phasing and timing as it relates to this Phase 1 opportunity. Int the meantime, Iseek your consideration fort the annexation and rezoning of parcel 170057 fort the lappreciate your time for review and consideration oft this request and am glad to share what Ihave  construction of single family detached residential units.  available inr regard to more information ont this proposed development.  Thanky you, AM Nicole Frambach Land Manger, NVR, Inc.    EXHIBIT H  TOWN OF DALLAS, NORTH CAROLINA PETITION FOR ANNEXATION  PETITION NUMBER: DATE:  Contiguous  Non-Contiguous FEE: $100.00*  * Petitioner understands there will be additional costs associated with this petition such as advertising, postage, etc. and agrees to pay these fees upon receipt of invoice(s).  Current Property Use: Requested Zoning:  Planned Property Use:  R-6CDO (Cluster Development Overlay)  hess  To the Board of Aldermen of the Town of Dallas:  We, the undersigned owners of real property, respectfully request that the area described as  DALLAS, NC 28034, further identified as  parcel ID #  be annexed to the Town of Dallas.  Name of peltioner/property owner: Mailing Address of property owner:  Email: Address:  Phone Number:  Attachments included with Petition:  1. Legal description (as noted in property deed) 2. Letter outlining reasons for annexation request  3. $100 Fee  Applicant Signature: Received By:  Date: Date:    DocuSign Envelope ID: 900853AC4647E69E2/441460ADOESA  EXHIBIT H  TOWN OF DALLAS, NORTH CAROLINA PETITION FOR ANNEXATION  PETITION NUMBER: DATE: 6/24/19  xContiguous  Non-Contiguous FEE: $100.00*  * Petitioner understands there will be additional costs associated with this petition such as advertising, postage, etc. and agrees to pay these fees upon receipt of invoice(s).  Current Property Use: R-1 Requested Zoning: Single Family  Planned Property Use: Single Family  To the Board of Aldermen of the Town of Dallas:  We, the undersigned owners of real property, respectfully request that the area described as  DALLAS, NC 28034, further identified as  parcel ID #. 170057  be annexed to the Town of Dallas.  Petitioner: Nicole Frambach, NVR, INC. Frances: 212 Whiteoaks Circle, Bluffton, SC 29910  Name of pettioner/properly owner: Frances Summey Kirby and Samuel Thomas Summey Mailing Address of property owner: Samuel: 103 Gordon Drive, Flat Rock. NC 28731  Email Address: Nframbar@nvtinc.com Attachments included with Petition:  Phone Number 704-887-3075  1. Legal description (as noted in property deed) 2. Letter outlining reasons for annexation request  3. $100 Fee  -Docusignedby: 3595AYCCTABBAE1-  Signedby:  Applicant Signaturet araunese Dummug S-aS-wba-s2420S  6/24/2019  Received By:  Date:    EXHIBIT H  LEGAL DESCRIPTION  BEING that entire tract of real property owned by Grover F. Summey, which entire tract contains approximately 29.08 acres located on Dallas High Shoals Highway in Dallas Township, Gaston County, North Carolina, bearing Gaston County tax parcel identification number 3548-31-4558, all as more particularly described in the instruments recorded in Estate File No. 96-E-1491 int the Office oft the Clerkof Court of Gaston County and in Book 358 at Page 2151 int the Gaston County Public Registry. *Grover Francis Summey died ar resident of Greenville County, South Carolina, on March 27, 2009, See Greenville County, South Carolina Estate File #2 2009ES2300749 (exemplified copies of probate The property! herein above described was acquired by Grantor byi instrument recorded in Deed Book 358, Page 215i in the Gaston County Public Registry andi in Estate File No. 96-E-149.  proceedings on file with Gaston County Clerk of Court).  12  170:287.  170057 R-1!  202016  B-1  EabSA9  214259  212567  R-10 208641    EXHIBIT H    EXHIBIT H    EXHIBIT H  TEXT AMENDMENT CONSISTENCY STATEMENT  The proposed annexation of Parcel, ID# 170057. into Town. limits as R-6 Cluster, Distriçt Overlay js technically inconsistent with the 2003 Future Land Use Plan's map designation as neighborhood and community business, however, this petition is deemed reasonable and in the public's best interest as this lot abuts land designated for new residential development, supports an increased demand for housing. in light of Dallas' current and anticipated growth, and aligns with the 2003 Land Use Plan's recommendation for new residential to be clustered so as to. preserve open space  and heighten pedestrian accessibility.  MBiah Glenn Bratton, Planning Board Co-Chairman  yigkug Date    EXHIBIT H  of    EXHIBIT H  CERTIFICATE OF SUFFICIENCY  To the Board of Aldermen oft the Town ofI Dallas, North Carolina:  I,Da'Sha Leach, Town Clerk dol hereby certify that Ihavei investigated the petition attached hereto and have: found as ai fact that said petition is signed by all owners ofi real property lyingi in In witness whereof, Il have hereunto set my hand and affixed the seal oft the Town ofDallas, this  the area described therein, in accordance with G.S. 160A-31.  13th Day of August 2019.  SEAL  /  Town Clerk  A  Re: Summey Annexation- PID 170057    EXHIBIT I  CODE ENFORCEMENT OFFICER-PART-TIME  General Statement of Duties  Performs responsible worki int the enforcement of zoning and other Town ordinances.  Distinguishing Features of the Class  An employeei int this class isi responsible for carrying out a consistent program ofe enforcement of various Town codes within the Town limits, and the ETJ where appropriate. The employee responds to andi investigates issues concerning zoning or public nuisance-types, as well as following up on potential problems discovered during regular patrolling oft the community. Initiative and collaborative conflict resolution is required ine ensuring property owners, residents, and business owners comply with regulations. Duties are performed under thes supervision of the Development Services Director and are evaluated through observation, reports,  andf feedback from the public. Essential Duties and Tasks code violations.  Duties and Responsibilities  Tracks and responds to complaints regarding zoning, nuisance, or minimum housing violations.  Conducts code enforcement operations within the Town toi identify and address zoning, nuisance, andi minimum housing Conducts ther necessary research into various matters and coordinates activities with other departments, as applicable.  Interprets thel Town's ordinances and regulations toi individuals. Issues violations, notices, warnings, and citations.  Coordinates abatement actions asr needed and verifies worki is complete. Creates and processes invoices and/or liens related to code enforcement activities. Serves as a Town Representative at Town Board meetings and/or court proceedings as needed  Removes illegals signs from rights-of-way.  Works with other Town employees, including those within the Police Department and Firel Department, tot further identify  problem/blighted areas and affect a complete enforcement strategy.  Assists ini the development of new policies, procedures, and ordinances as needed.  Additional Job Duties  Performs other duties as required.  Recruitment and Selection Guidelines  Knowledge, Skills, and Abilities  Skills to operate equipment/software/photography devices, typically used within ane enforcement environment; including Microsoft Office applications, enforcement/planning software programs, personal computers, tablets, fax machines, and phone Ability to learn and apply aspects of federal, state, and local laws, regulations, policies, procedures, and standards pertinent  systems.  to assigned areas of responsibility.  Ability toi interpret codes and ordinances and their application to specific situations. Ability to prioritize, manage, and organize a variety ofe enforcement activities. Ability to express ideas effectively in oral and written forms.  Ability to develop legal citations and warnings.  Ability to work collaboratively to resolve problems and to enforce regulations tactfully andi firmlyi in a consistent manner.    EXHIBIT I  Ability to conduct themselves in a professional manner, regardless of the situation. Ability to perform varied assignments under appropriate degrees ofs supervision.  Ability to establish and maintain effective working relationships with Town and State officials, developers, property owners  andt the general public. Physical Requirements  Must be able to physically perform the basic life operational functions of stooping, kneeling, reaching, standing, walking, Must be ablet toj perform light work exerting upi to 20 pounds of force occasionally, and/or up to 10 pounds of force Must possess visual acuity to perform reviews, field inspections; prepare and analyze data ands statistics, operatea  climbing stairs, pulling, pushing, lifting, fingering, talking, hearing, andr repetitive motions. frequently, and/or a negligible amount of force constantly to move objects.  computer and do extensive reading. Desirable Education and Experience  Requires graduation from High School and two years of experience ini inspections or enforcement; or any equivalent  combination of experience andt training which provides the required knowledge, skills, and abilities.  Special Requirements  Possession ofay valid North Carolina driver's license.  Code Enforcement Officer-Pg.2    EXHIBIT I  Town of Dallas Budget Amendment  Date:  October 8, 2019  Action: Community Development  Purpose: To Appropriate Funds for Part-Time Code Enforcement Officer  Number:  CD-001  Line  Original Amount $224,049 $62,101 $3,900 $913 $120 $0  Amended Amount $241,689 $75,701 $4,743 $1,110 $1,920 $1,200  Fund 10 10 10 10 10 10  Dept 3999 4110 4110 4110 4110 4110  Item Item Description 0000 Fund Balance Appropriated 0200 Salaries 0250 FICA 0251 Medicare 3400 Equipment 3500 Furnishings  Difference $17,640 $13,600 $843 $197 $1,800 $1,200  Approval Signature (Town Manager)    EXHIBIT J  October 9, 2019  Mayor Rick Coleman Aldermen Jerry Cearley Allen Huggins Darlene Morrow Stacey Thomas Hoyle Withers Town Manager Maria Stroupe Town Clerk/HR Da'Shal Leach Finance Jonathan Newton Town Attorney J.T Thomas Hunn Police "en Scott Electrical J. Doug Huffman Public' Works Bill Trudnak Development Svc Tiffany Faro Fire Chief Earl Withers Recreation Garrett Lowery Town of Dallas 210 N. Holland St. Dallas, NC 28034 Phone: 704-922-3176 Fax: 704-922-4701 Web Page: w.dallasnc.net PublicPower WHONETAVEENPAEDNDE  Mr. Ted W. Goins, Jr., CEO and President Lutheran Services Carolinas P.O. Box 947 Salisbury, NC28145-0947  Re: LSC as Sole Managing Member ofl Dallas High School Apartments LLC  Dear Mr. Goins:  Please allow this correspondence to serve as official notice and documentation that the Town of] Dallas, North Carolina, as approved by action ofi its Board of Aldermen at a Regular Board Meeting held on October 8, 2019, formally authorized the replacement of Scott Redinger by LSA Management, Inc. doing business as Lutheran Services Carolinas (LSC), making it the sole managing member under the terms oft the development agreement and $230,000 promissory notel held by the' Town ofDallas on the known as the Dallas High School Apartments (DHS Apartments LLC).  property  We are pleased that LSA Management has taken on this role and believe that your firm will act as effective stewards in managing and: maintaining this important source of quality and affordable housing for the low income senior population in the Town of If you require additional information or documentation, please don't! hesitate to contact  Dallas.  me at your convenience. Sincerely,  Maria Stroupe Town Manager  Cc: Da'Sha Leach, Town Clerk Rick Coleman, Mayor    EXHIBIT J  REAL ESTATEI PURCHASE, AGREEMENT  THIS REAL ESTATEI PURCHASE AGREEMENT (the "Agreement"): is entered  into as ofthe 15 dayo ofAMA4-+,2019 ("Effective Date"), by and between) DHS. Apartments,' LLC, aNorth Carolina limited liabilily company (the "Seller" and/or the "Company");LSA Management,! Inc. d/bla Lutheran Services Carolinas, a North Carolina non-profit corporation, or its nonprofit affiliate assignee ("Purchaser"); and Scott A. Redinger, Inc., al North Carolina corponationçReadinger).  RECITALS:  WHEREAS, Redinger owns a forty-five thousandth ofone Pereropsy)memhenap interest WHEREAS, the Purchaser owns a fifty-five thousandth of one percent (0.0055%) membership WHEREAS, Community Equity Fund IX North Carolina Limited Partnership, a North Carolina limited partnership (the "Investor Member") owns a ninety nine and 99/100ths percent (99.99%)  int the Company;  interest in the Company; and  membership interest int the Company;  WHEREAS, Redinger, the Company, Purchaser and the Investor Member are parties subject to that certain Second Amended and] Restated Operating Agreement datedMarch 10, 2003 and as amended by that] First Amendment to Second. Amended and Restated Operating Agreement dated] February 1,2014 and that Second Améndment to Second. Amended and Restated Operating Agreement dated February, 2016(the WHEREAS, pursuant to the Operating Agreement, Redinger and Purchaser are collectively the "Managing Member" (as defined and used in the Operating Agreement) oft the Company and are the only WHEREAS, pursuant to the terms of Section 13.01 of the Operating Agreèment, Purchaser has duly. exercised the right of first refusal to purchase the Project (as defined in the Operating WHEREAS, the parties hereto desire to enteri into this Agreement to memorialize the terms oft the NOW, THEREFORE, for and in consideration of the mutual covenants and agreements set forth herein, and other good and valuable consideration, the receipt and legal sufficiency of which are hereby 1. Property. Seller hereby agrees to sell and convey to Purchaser and Purchaser hereby agrees to purchase from Seller, the real property consisting of approximately 0.9337 acres as more particularly described on Exhibit A, attached hereto and incorporated herein by this express reference, and all improvements located thereon and all appurtenances thereto, located in Gaston County at 300 West Church Street, Dallas, North Carolina 28034, and having a tax parcel identification number: 3547969528 (the Purchase Price. The purchase price (the "Purchase Price"): for thel Property shall bè equal to the sum of: (i)t thej principal amountofall outstanding indebtedness securedbyt thel Projecti including: any accrued  "Operating Agreement"); Managers thereof,  Agremenphereunder; and purchase oft the Project by Purchaser.  acknowledged, thej parties hereto covenant and agree asi follows:  "Property" and/or "Project").  2.  1  245937.5  Initials: Purharl6 Seller: 8AR    EXHIBIT J  interest; and (ii) the sum ofa all federal, state, and local taxes payable by thel Investor Member or its partners attributable to the sale; provided, however, that thej price shall not bel less thant thei minimum purchase price defined in Section 42(1)(7)(B) oft the Code. As ofDecember 31,2018, thel Investor Member anticipated no federal, state or local taxes being attributable to the contemplated sale herein. Thel Purchase Price shall be payable at Closing as follows: Purchaser's assumption of the outstanding indebtedness secured by the Project owing on the first position mortgagel held by Greystone Servicing Corporation, Inc. ("Greystone") 3. Other Costs. At or prior to the Closing, the Company shall pay to the Investor Member the sum of$5,195.00: in asset management fees relating tot thel Project fors services provided prior to Closing. Further, at Closing, Purchaser agrees to pay to the Investor Member the sum of $1,000 for legal fees incurred by  and the second positon mortgage held by Town ofDallas, North Carolina ("Dallas").  Investor) Member in connection with the subject transaction. Representations and' Warranties. Purchaser's! purchase ofthel Property:  4. a.  Seller hereby makes the following representations and warranties in connection with i. * Seller is the fee simple owner oft the Property and Seller has the right, power, legal  capacity, and authority necéssary. to ênter into this Agreement and comply with Seller's obligations applicable laws, ordinances, regulations, statutes, rules and restrictions pertaining to or affecting the default under ori result int thei imposition ofany lien or encumbrance upon thel Property under any agreement orother instrument to which Selleri isap party or by. which Seller ort thel Property is bound; pending or, toi thel best of Seller's actual knowledge, threatened: against thel Property, and Seller is not aware ofany facts which might résulti in any such action, suit or other proçeeding; not be unreasonably withheld), until the Closing, Seller shall not consent to or enter into any easements or defined: herein, either proposed. Or-confirmed against the Property. As used herein, the term "Special Assessments" shall mean any charge against thel Property by a governmental authority in addition to ad valorem taxes or by an owners' association in addition to any regular assessment (dues), either of which owners' association(s) and governing documents which imposé various mandatory covenants, conditions and restrictions upon the Property and Purchaser's enjoyment thereof, including but not limited to with] Excel Property Management constitutes the only agreementrelatingi tot the management ofthel Property. caused or permitted any "Hazardous Materials" (as hereinafter defined) to be placed, held, located or disposed of on, under or at the Property or any part thereof, and neither the Property nor any partt thereof has ever been used as ac dump or storage site (whether permanent ort temporary) foranyl Hazardous) Materials. As used herein, the term "Hazardous Materials" includes any hazardous, toxic or dangerous waste, substance or material, defined as such in, or for the purposes of, the Comprehensive Environmental Response, Compensation and Liability Açt (40 U.S.C. section 9601 et. seq., as amended) or any other  hereunder; Property;  ii. iii. iv. V.  Seller has no actual knowledge of any failure to materially comply with all The performance of the Agreement will not result in the breach of, constitute any There are no legal actions, suits or other legal or administrative proceedings Except as may ber required by law or çonsented to by) Purchaser (such consent will  6  other encumbrances upon thel Property.  vi. - To the. best of Sellér's açtual knowledge, there are no Special Assessments, as  may be al lien against thel Property..  vii. viii. ix. X.  Ownership oft thel Property does nots subject Purchaser to regulation by one or more Tot the best of Seller'sk knowledge, there are no known defects on the Property. Seller represents and warrants that the Management. Agreement dated. July 6, 2009 Neither Seller nor, to the best of Seller's knowledge, any other party has ever  obligations toj pay regular assessments (dues) and Special Assessments.  2  245937.5  Initials: Purchaser:  le SalmbAR    EXHIBIT J  "superfund" or "superlien" law, or any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any substance or material, as presently in effect ("Bnvironmental Laws"), but shall not include any medicines, drugs, gasses or othér matérials placed, held, located or disposed of under or at thel Property in the conduct ofthe dentistry practice. Thel Property doesi not contain asbestos orradon, or any others substance known or believed by generally accepted authorities tol bel harmful or injurious to human health or safety, nor does the Property contain any underground fuel storage tanks. During Seller's ownership of the Property, therel have been no spills, leaks or accidents ont thel Property relatingt to such use ofsuch Hazardous Materials on the] Property. Seller (a) has complied with alll Environmentall Laws in allr material respects, and no action, suit, proceeding, hearing, investigation, charge, complaint, claim, demand, or notice has been filed or çommenced against Seller alleging any such failure to comply, (b) has obtained and been in substantial compliance with all of the terms and conditions of all material permits, licenses, and other authorizations that arei required under thel EnyironmentalLaws, and (c)! has complied in all material respects with all other limitations, restrictions, conditions, standards, prohibitions, réquirements, obligations, section shall not merge into thel Deed or other closing documents, but shall survive closing for aj period of  schedules, and timetables that are contained in thel Environmental Laws.  xi.  Each of the representations, warranties and covenants made by Seller under this  three (3)years thereafter. b. i. ii.  Purchaser hereby makes the following representations and warranties in connection with Purchaser hast thea authority necéssary to enter intot this Agreement and complywith Neither Purchaser nor any ofi its partners, members, shareholders or owners is a  Purchaser's! purchase oft thel Property, and no others, express ori implied:  Purchaser's obligations hereunder.  person or entity with whom U.S. persons or entities are restricted from doing business under regulations of the Office ofForeign Asset Control ("OFAC") of thel Department of the' Treasury (including those named on OFAC' sS SpeciallyDesignated and] Blocked] PersonsList)s or under anys statute, executive order(including the September 24, 2001, Executive Order Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism), or other governmental action.  5.  Title and Survey.  a. Seller agrees to convey fee simple marketable andi insurable titlet tot the Property by general warranfy deed, free 'and: clear ofall liens, encumbrances and defects oftitle other than zoning ordinances affecting the Property, utility easements ofréçord serving thel Property, taxes not yet due and payable, road rights-of-way ofrecord and those other reservations, restrictions, easéments and other exceptions ofrecord, that may be approved by Purchaser in writing all ofwhich may be reviewed and objected tol byl Purchaser prior to Closing ("Permitted Exceptions"). Notwithstanding anything contained in this Agreement to the contrary, all deeds of trust, liens and other charges against the Property incurred by Seller and not to be assumed by Purchaser, as may be expressly provided hereunder, shall bej paid and satisfied by Seller prior to or at Closing such that cancellation may be promptly obtained following Closing. Seller shall remain b. During thel Investigation Period (whichi is defined as thet time from the Effective Date until 10 days prior to Closing), Purchaser shall, at Purchaser's expense, cause a title examination to be made of thel Property. Ini the event that Purchaser objects to anyi matter affectingt title revealed byt thet title examination other than thel Permitted! Exceptions, then the Purchaser shall immediately notify the Seller of all such title defects and exceptions, as oft the date Purchaser learns oft the title defects, but in no event later than the expiration oft the Investigation: Period, and Seller shalll have ten (10) days (the "Titlé Cure Period") to cure said noticed defects. If Seller does not cure the defects or objections within the Title Cure Period, then Purchaser may terminate this Agreement by written notice to Seller on or before ten (10) days after expiration of the Title Cure Period and receive a return of Earnest Money (notwithstanding that the  obligated to obtain any and all such cançellations following Closing.  3  245937.5  Initials: Purchaser: 16 Seller, BAR    EXHIBIT J  Investigation Period may have expired). IfPurchaser fails to terminate the Agreement within such ten (10) day period, then the Closing shall proceed and such objectionable matters shall be deemed to be Permitted Property prepared by a land surveyor or engineer registered and licensed in the State of North Carolina. Provided, however, at Purchaser's option, Seller will execute as survey affidavit in form as may bei required by) Purchaser's title insurance company in order to insure Purchaser's for matters ofs survey based upon no improvements having been made since and based upon that certain ALTA survey entitled "FINAL-AS- BUILT SURVEY FOR DHS APARTMENIS, LLC" by Franklin E. Tanner, PLS, of Tanner and McConnaughey, P.A., dated January 19, 2004 (the "Current Survey"). If the Survey shows any matter which would affect thei marketability oftitle to thel Property (except fort thel Permitted! Exceptions and other title matters otherwise permitted hereunder), then Purchaser shall notify Seller in writing of the specific defect within ten (10) days after receipt of the Survey, but in no event later than ten (10) days prior to Closing. Purchaser's failuré to deliver timely notice of survey defects shall be deemed a waiver of  Exceptions. C.  Prior to Closing, Purchaser shall have the right to obtain a new survey ("Survey") oft the  Purchaser's right to object to survey matters as provided int this Section.  6.  Investigation: Period.  a.  Within ten (IO). business days of the Effective Date, Seller shall use its best efforts to deliver to thel Purchaser: (1) the Seller's deed to thel Property,(2)any prior plats or surveys of or containing the Property, (3) the Seller's title insurance policy, (4) any prior Phase IEnvironmental Assessments or immediately precedingt the Closing] Date, (the Investigation! Period"), Purchaser shalll havet thei right to enter upon thel Property tomake andj perform all inspections, Palsstgise oft the condition of the Property which it may deem neçessary in order to determine that the Property is acceptable to the Purchaser inj its sole discretion, all ofwhichi inspections and inyestigations shalll be undertaken: at] Purchaser's sole cost and expense. After completing its inspection of thel Property, Purchaser shall, at its sole cost and expense, repair ànd replaçe any damage it has caused to thel Property. Purchaser shall coordinate any on- site inspections with Seller, and Seller shall use its reasonable best efforts to accommodate all requests of Purchaser. Alli inspections ofthe Property shall be conducted: ins such ai manner as to avoid any interference with any business operations on the Property. Tot the extent reasonably practicable, alli inspections shall be conducted during normal. business hours with reasonable prior written notice to Sellér. If, prior to the end of. the Investigation. Period, Purchaser. determines that the Property. is unsuitable, in Purchaser's sole discretion, and provides written notice to Seller thereof, then this Agreement shall terminate. If the Agreement is términated under this section, then Purchaser shall provide Seller with copies of any and all  other environmental assessments of the Property within Seller's possession.  b.  For a period from the Effective Date and terminating at 11:59pm on the tenth day  studies, reports and other due diligence information relating tot thel Property. 7. No Other Representations or Warranties; AS-IS Condition.  a. Subject to thei representations. and warranties contained ini this Agreement, and int thel North Carolina Special Warranty Deed to be delivered by Seller tol Purchaser at the Closing. Purchaser is hereby purchasing the Property in "AS-IS, WHERE-IS" physicial condition, and agrees that it relies upon no warranties, representations or statements by Seller, or any other persons for Seller, in entering into this Agreement or in. closing the transactions described herein, except for the express representations and warranties set forth in this Agreement. Subject to the survival of any representations and warranties as provided in this Agreement: (A) Purchaser's closing on the acquisition of the Property shall constitute conclusive evidence that Purchaser is satisfied with the condition of and title to the Property; and (B) in closing and completing thist transaction, Purchaser willl haver relied exclusively upon its owni inspections and reviews, and not upon any representation or warrânty of Seller or its agents or employees except those b. Except for the express representations and warranties set forth in this Agreement, Seller  expressly set: forth herein.  4  245937.5  Initials: Purchaser:  Seller:  16  BAR    EXHIBIT J  makes no warranties, representations or statements whatsoever, express or implied, concerning or relating tot thel Property. Purchaser acknowledges thati no agents, employees, brokers or other persons are authorized  to make àny representations or warranties on behalf of Seller.  C. This Section shall survive the closing oft the Agreement.  8. Closimg. a.  The closing (the "Closing") of this transaction shall take place on or before forty-five(45)  days following the parties' receipt of written confirmation of approval by Greystone of Purchaser's assumption of Greystone's first position mortgage (the Greystone Mortgage") and approval by Dallas of Purchaser's assumption of the second position mortgage held by Dallas (the "Dallas Mortgage") (the "Closing Date-"). The Closing shall take place at the offices of Purchaser's legal counsel (hereinafter referred to as the "Closing Agent"), or at such other time and place as may be agreed upon by Purchaser Mortgage and the Dallas Mortgage and the release of the Seller, Redinger and thel Investor Member from documents on behalfo of] Purchaser hast thej power and authority to execute and deliver same; and the parties, required for al legal conveyance of real estate in the state where the Property is located, or as marketable and insurable title to the Property, free and clear of any and all encumbrances except only the  and Seller.  At Closing, Purchaser shall deliver tot the Closing Agent:  the executed documents to effect Purchaser's full assumption of the Greystone evidence reasonably satisfactory to Seller that thej person executing thet transaction such otheri instruments, affidavits, resolutions and otherdocuments agréed between a North Carolina Special Warranty Deed conveying to Purchaser fee simple all original (or a copy if Seller does not possess the original) licenses and permits an affidavit and indemnification' agreement in form satisfactory to Purchaser and  any liability thereunder;  ii. iii. i. ii. iii. iv.  may be reasonably requested by the other party.  At Closing, Seller shall deliver to the Closing Agent:  Permitted Exceptions;  with respect to1 thel Property and inj possession or control of Seller;  AFIRPTA affidavit of an authorized agent of Seller;  Purchaser'st title insurer, ifany, executed by Seller and any person or entitywhol has] performed or furnished labor, services, materials or rental equipment as described in NCGS sec. 44A-81 toi thel Property within 120 days prior to the date ofClosings yerifying that each such pèrson or entity has béen paid in full and agreeing to indemnify Purchaser, Purchaser's lender(s) and Purchaser's title insurer against all loss from any cause rights of possession of any third parties have been lawfully assigned to Purchaser, including without transaction documents on behalf of Seller has the power and authority to execute and deliver same; and parties, required for al legal conveyance ofi real estate in the state where the Property is located, or as may herein unless thei following conditions have been satisfied or waived by the parties in writing, at or priort to  or claim arising therefrom.  V. vi. vii. b. C. Closing: and Dallas Mortgage.  evidence reasonably satisfactory to Purchaser that all leases, rents, licenses and evidence reasonably satisfactory to Purchaser that the person executing the such other affidavits, resolutions and other documents as agreed between the  limitation any leases with aj party affiliated with Seller;  ber reasonably requested by the other party.  Possession ofti the] Property shall be delivèred by Seller tol Purchaser at Closing. Purchaser and Seller shall be under no obligations to close the transaction contemplated  i. ii.  Purchaser shall be approved to, and shall, fully assume the Greystone Mortgage Seller, Redinger and Investor Member shall be released from any and all  5  245937.5  Initials: Purchaser:  Seller: AAR  16    TE :  EXHIBIT J  obligations under the Greystone! Mortgage and thel Dallas Mortgage.  9. Taxes. All general real property taxes and all installments of special assessments payable with respect to the Property for the year of Closing shall be prorated between Purchaser and Seller as oft the Closing, on a calendar year basis. If the precise amount of taxes and assessments payable for the year of closing cannot be ascertained, proration shall be computed on the basis of taxes and assessments on the Property for the immediately preceding tax year, subject to any revaluation or rate change which may be  known and taken into account: fors such purpose. (ifapplicable). and prorated through the Closing:  10. Proration of] Income and] Expenses; Security Deposits; Closing Expenses,  a. Purchaser and Seller acknowledge and agreet that, the following items willl bei made current b. Seller shalll be entitled to alli rents or rent equivalents payablet under any leases (the* "Rents") through the Closing. Sellers shall cause any and alll leases, rents, licenses andrightofpossessiont withi respect C. - Seller shall be: responsible for all operating expenses, including insurance premiums incurred through the Closing and Purchaser shall be responsible for the same subsequent to the Closing. Operating expenses and charges shall bej prorated tot the extent Seller paidi for such expenses priorto Closing that are attributable tot thej period after Closing or Purchaser paid for such expenses after Closing that are attributable to the period prior to Closing. Either party shall, within five (5) days ofi its receipt of the d. Seller shalll be entitled tot the amount ofany deposits posted by Sellerw with utility companies to the extent such deposits are assignable and are actually assigned to Purchaser at Closing. In the event Purchaser collects such utility deposits attributable tot thej period prior to Closing, Purchaser shall promptly e. Seller shall be responsible for paying its attorneys' fees and documentary stamps, and/or exciset taxes (inçluding any surtax) on the Special Warranty) Deed. Purchaser shall bei responsible for paying itsa attorneys' fees, recording fees, title search fees, titlei insurance premiums, the cost ofi its Survey, the cost ofmunicipal lien letters. and any. and all other costs incurred by Purchaser in connection with the subject f., Notwitistanding: anything to the contrary set forth herein, the provisions. of this Section 11. Casualty. Priort to Closing, the risk ofl loss shall remain with Seller. Ifthel Property is damaged by fire or other casualty after the Effective Date oft this Agreement but prior to the closing date, such that the cost to restore the Property toi its condition immediately prior to the casualty is in excess of twenty-five oft thei insurance proceeds (or thei right to receive the same, ifthey are: not received before closing) payable to Seller as a result oft the casualty, or, at Purchaser's election, Purchaser shall have the option to treat the amount ofs such unreceived insurance proceeds as a credit against the Purchase Price payable at Closing; or Purchaser receives notice ofthec casualty, in which event thel Earnest Money shalll bei refunded tol Purchaser. Ifthe Property is damaged by fire or other casualty prior to the closing date and the cost of restoration does note exceed twenty-five percent (25%) oft the Purchase Price, this Agreement shall remain in full force and effect upon the terms stated! herein and at Closing Seller shall assign to Purchaser the insurancé proceeds (ort thei right to: receive the same, ift they arei not received before closing) payable to Seller as ai result ofthe casualty. Alternatively, Purchaser shall have the option to treat the amount of such unreceived insurance  i. ii.  taxes (as described in thei foregoing section entitled' "Taxes");  rents, operating expenses and other current expenses andi revenues oft thel Property.  tot the Property to be assigned to Buyer as oft the Closing Date.  foregoing, remit to the other party its proportionate share.  remit them to Seller within five (5) days after Purchaser's receipt of same.  transaction.  shall expressly survive the Closing.  percent (25%) oft the] Purchase Price, Purchaser shalll have the option to:  a. b.  proceed to close this transaction on the terms contained herein and réceive an assignment terminate this Agreement by written notice delivered to Seller within ten (10) days after  6  245937.5  Initials: Purchaser:  Seller: f 8AR    :  EXHIBIT J  proceeds as a credit against thel Purchase Price payable at Closing.  12. Condemnation. Prior to Closing, the risk of loss shall remain with the Seller. If any material portion of the Property is condemned under the power of eminent domain, is the subject of a threatened condemnation, or is conveyed to a condemning authority in lieu of condemnation, Seller shall. notify Purchaser in writing of the threat, condemnation or conveyance within five (5) business days of Seller's knowledge of the condemnation. Purchaser shall within ten (10) days of the notice have the option of(a) proceeding with the closing and receiving the award or condemnation payment (or an assignment thereof, ift the same is not received by closing or Purchaser shall have the option to treat the amount of such unreceived payment as a credit against the Purchase Price payable at Closing), or (b) canceling this 13. Notices. All notices required or permitted to be given hereunder shall be given by certified mail, postage prepaid, or by overnight delivery service, or shall be personally served, tol Purchaser and Seller at  Agreement.  the following addresses: PURCHASER: Lutheran Services Carolinas P.O. Box 947 1416 S. Martin Luther King Jr. Ave. Salisbury, NC 28145 Email: sohnsoni@lsoinasnet With copies to: Kevin C. McIntosh, Esq. Young] Morphis Bach & Taylor,LLP P.O. Drawer 2428 (28603) 858 2nd Street NE Hickory, NC 28601 Email: kcvimm@mekoylw.com SELLER: DHS Apartments, LLC Attn: Scott. A. Redinger 4553 Technology! Drive, Ste. 3 Wilmington, NC2 28405 Email: REDINGER: Scott A. Redinger, Inc., President Attn: Scott A. Redinger 156Lafayette Street Wilmington, NC28405 With copies to: Deborahl L. McKenney, Esquire Blanco Tackaberry & Matamoros PA 110 South Stratford Road, Suite 500 Winston-Salem, NC27104-4299 Email: lm@blancolaw.com Initials: Purchaser:  7  245937.5  AL  Seller  BAR    EXHIBIT J  All notices shall be deemed: received either when actually received or three (3) days after posting (ifmailed), one business day after deposit with the delivery service (ifs sent by overnight delivery), when actually received via email by notice of receipt, or when delivered (if personally delivered). Either party 14. Default. If Seller defaults in the full and timely performance of any ofi its obligations hereunder, Purchaser may elect to either seek specific performance or other equitable remedies available to it or terminate this Agreement andj pursue any other remedies availablet undert this Agreement, atl law ori ine equity. 15. Brokers. Seller and] Purchaser eachl hereby represent and warrant that ithasi not engaged thes services ofany real estate agent, broker or firm in connection with the Property or this real estate transaction. 16. Final Tax Returns and Dissolution. Within 90 days following the Closing Date, the Managing Members shall cause the Company to obtain and submit to the Investor Member the audited financial statements and final tax returns (including Schedule K-Is) for the Seller's taxable year ending on the Closing Date. Thereafter, the] Managing Members shall cause the Company to file Articles ofI Dissolution with the Office of the North Carolina Secretary of State and to take all actions deemed necessary by the 17. Payment to Redinger. At or prior to Closing, Purchaser shall pay to Redinger the sum of $12,500.00 as: full and final payment of any and all management fees or Incentive Payments (as defined herein) under that certain Incentive Management Agreement attached as Exhibit E to thé Operating Agreement. Further, Purchaser shall pay for any and all reasonable legal and/or accounting fees incurred byl Redinger in connection" with this Agreement andi thet transactions contemplated: hereby. 18. Entire. Agreement. This. Agreement, including any exhibits or schedules attached hereto, contains the entire agreement between Seller and Purchaser and thère are no other terms, conditions, promises, understandings, statements or representations, express or implied, regarding the transaction contémplated hereby. This Agreement may be amended only by a further written document signed by each ofthe parties. 19. Successors and Assigns. The provisions ofthis Agreement shall bel binding upon andi inure tot the benefitoftheparties) heretoandi theirrespectivel heir, successors, assigns, executors, administrators. and legal representatives. Upon written notice to, but without further consent of, Seller, Purchaser may assign its rights and delegate all obligations hereunder to a nonprofit entity affiliated with Purchaser. Upon such 20. Captions. The captions oft thej paragraphs in this Agréement have been inserted for convenience of reference only and shall in no way modify or restrict any provision hereof or be used to construe any ofthe 21. Construction. Thej parties acknowledge that thej parties andt theiro counsel havereviewed andi revised this Agreement and that the normal rule ofo construction toi the effect that any ambiguities are to ber resolved against the drafting party shall not be employed in the interpretation oft this Agreement or any exhibits or 22. Modifications. This Agreement cannot be changed orally, and no executory agreement shall be effective to waive, change, modify or discharge iti in whole ori inj part unless such executory agreement isi in writing and is signed by the parties against whom enforcement of any waiver, change, modification or  may change the above addresses by written notice tot the other.  Managing Members to effect the dissolution ofthe Company.  assignment, Purchaser shall bej released of further liability hereunder.  provisions hereof.  amendments hereto.  discharge is sought. Initials: Purchaser:  8  245937.5  1. MBAR    EXHIBIT J  23. Severability. Ifany provision oft this Agreement is held invalid or unenforceable, thei invalidity or unenforceability shall be limited to the particular provision(s) involved and shall not affect the validity or 24. Recordation. This Agreement may not be recorded by any party hereto. The provisions of this 25. Appliçablel Law. This Agreement shall beg governed by and construed in accordance with thel laws oft the State ofNorth Carolina. Purchaser and Seller agree that the provisions oft this Section shall survive 26. Counterparts and Electronic Signatures. This Agreement may be executed in counterparts, all such executed counterparts shall constitute the same agreèment, and the signature of any party to any counterpart shalll be deemed a signature to, and may be appended to, any other counterpart. Ins addition, this Agreement and documents executedi in connection withi itmay! be éxecuted by: any partyl hereto and delivered to. the other party. () by internet electronic signature or consent authorization or (ii) by facsimile transmission. Each party herêto represents and warrants tot the other that either the electronically authorized internet signature or consent or facsimile signature is the true and authentic signature of that party. For purposes of executing and enforcing this Agreement, a document signed and transmitted by internet signature or consent or facsimile: machine shall be deemed an original document, and the signature ofa any party thereon shall be deemed an original signature. The transmitted document shalll be considered tol have the samel binding effect as an original signature on an original document. At thei request of any party, any internet or facsimile document shalll be re-executedi in original form byt thej parties who executedi thei internet or facsimile document.. Noj party may raise the use ofs signature or consent by internet or facsimile machine or the fact that any signature: or consent was transmitted through the use of the internet or a facsimile  enforceability oft the remaining provisions.  Section shall survive: the Çlosing or any termination ofthis Agreement.  the Closing or any termination oft this Agreement.  machine as a defense to the enforcement of this. Agreement.  27. Récitals. The Recitals hereto are: fully incorporated into the Agreement.  [Signatures appear on following page]  9  245937.5  Initials: Purchaser:  1 Seller BAR    1 :  EXHIBIT J  BK3878P6890  EXHBIT. A Legal Description  BEING a certain tract or parcel ofland lying and being in Gaston County, North Carolina, the BEGINNING at an existing 5/8" rebar located on the western right-of-way of Oakland Street, (being 66.0 feet in width), said iron being the southeastern corner oft the' Town ofDallas, (D.B. 2756, Pg. 568) as recorded. int the Gaston County Register ofDeeds, said iron alsol being located South 51045'17" East, a distance of1118.10 feet from) N.C.G.S. Station "Hoffman" having N.C. Grid Coordinates of N=175,985.768 meters and E.=411,242.917 meters; thence from said beginning and running with the western right-of-way ofOakland Street, South 3°30'00" West, a distance of 157.99 feet to a drill hole in concrete located at the northeastern right-of-way interséçtion of Oakland Street and Church Street; thence along the northemn right-of-way of Church Strèet, (being 60 feet in width), North 86022'42" West, a-distarce of 329,86. feet to an existing %" rebar located. at the northeastern right-of-way intersection of Church Street and Maplé Street; thence running along the eastern right-of-way ofMaple Street; (being 66,0 feet in width), North: 3°30'02" Bast, a distance of5 99.97 feet to an existing 5/8" rebar at the southwestern cornér of the First Methodist Church, (D.B. 900,Pg. 654); thence running along their southern line, South 86°21'36" East, a distance of 131.95 feet to an existing 5/8" solid iron at the southwéstem corner oft the' Town ofDallas property (D.B, 2756, Pg, 568); thence along three of their lines, (A) South 86021'36" Bast, a distance of64.98 feet to an existing 5/8" rebar, (B)North 3°33'24" Bast, a distance of 57,98 feet to an existing 5/8" rebàr, (C) South 86°25'22" Bast, a distance of1 132,87 feet toi the. point BEGINNING, containing 0.9337 acres, be it more or less, as shown on a survey prepared by Tanner and McConnaughey, P.A. dated September 18, 2002, and TOGETHER WITH all rights in, and subject to the obligations of that çertain non-exclusive accéss easement ass set outi inl Book: 3595, Page 142, Gaston County) Registry.  Town ofDallas and being more partioularly described as follows:  last revised October 22,2002;  BTCM/19431792    EXHIBIT J  The parties hereto have caused this Agreement to be exécuted as of! the day and year first above  written.  SELLER: DHS Apartments,' LLC, aNorth Carolina limited liability company By: SCOTT A. REDINGER, INC,a North Carolina corporation, a Mahaging Member LetHdgesg  By:  Scott A. Redinger,) Date ofe execution:_ PURCHASER:  5/19  ISAMANAGEMENI, INC, d/bla LUTHERANSERVICIS CAROLINAS, aNorth Carolinal mon-profitcopglation   By  (SBAL)  Ted WéGoins,CEOmd) President Date. ofe execution: 3-15-17 CONSENTED: TO AND AGREEDI BY: REDINGER: SCOTT A. REDINGER,INC, aNorth Carolina corporation, Scott A.  By: BRdaHsw Date of 75119 execution:_  10  245937.5  Initials: Purchaser:    EXHIBIT J  EXBIBIT A Legall Description [Tol be attached.)  11  245937,5  Initials: Purchaser: 7 may02    EXHIBIT K  Town of Dallas 210 North Holland Street Dallas, NC 28034-1625 (704)922-3176 Fax: (704)922-4701  Special Events! Activities  DALLAS The Crossroads ofGaton County  Application  The purpose oft this application is to provide information about your event or activity in order for the Town of Dallas to best assist you. Depending on the.s specific event, ap permit application and/or fee(s) from other departments may be required. The applicant is responsible forp providing complete and accurate information ont the application, The applicant is responsible for notifying the Town of Dallas of any changes. A complete application must be submitted byr nol later than 5:00 p.m. ont the Tuesday preceding the date of the Board meeting at which the event is tol be approved, for an event which is to occur no sooner than  14 days following its date of approval.  APPLICATIONINFORMATION  Name of Event: Applicant Name: Organization: Mailing Address: City/State/Zip: Daytime Phone: Description of the Event: Ingles and pass out toys to areal kids  Gaston County" Toy! Runi for Kids  Facility Requested: Main Street and Ingles Parking lot  Gary Buckner  Gaston County Toy Run for Kids  704-913-7181  Cell:same  EMarlpce7males  First stop of 5 stops in Gaston County Motorcycle toy run will stop at  Does the event have al Facebook, Twitter, or other social networking page:  Yes  Ifyes, please list URL(s): Date (s) Requested for Event: December 7th 2019 Event Start Time: 11:45A AM Road Closure Time Begins (if applicable): na Set Up Begins: Preferred Date & Time of Inspection (if required): Estimated Attendance: The Event is: noy vendors  Event End Time:12:45 AM Road Closure Time Ends:na Set Up Ends:  na  800 to 1400 motorcycles Private (by invitation only)  or  Open to Gereral Public  Describe the procedures to be used for selecting vendors and exhibitors for this event:  Applicant's Signature: attend the meeting.  Date:  Ap pre-event meeting may be required and will be scheduled to include appropriate staff. The event applicant must  1    EXHIBIT L  ESTIMATE  /VSUAL  incEpbian 261 TREYTRAIL, LINCOINIONNC28092 980.333.1047 ASHLEEOVISUAL-INEPTION.COM  Cily of Dallas Billl Trudnak 700E. Ferguson Street Dallas, NC: 28034 SIGNAGE  Date 3/21/19 Qty Rate 2 9,298.00  Estimate # 1308 Total 18,596.00T  Item  Description  CITY OFI DALLAS HWY 321 MONUMENT SIGN: 12'hX 4'wr metali frame, powdercoated black with chared stained hardwood panels + custom routed 1.5" HDU painted letiers, Sign bolted to a6X4X4  concrete rebar slab  SHIPPING & HANDLING INSTALLATOAHIOCATON  2 300,00 2 1,600.00  600.00 3,200.00T  *"Please see attached blue! print for sign specifications- We need 60% deposit tos start sign  production  NOTE; PERMITS NOTI INCLUDED  Subtotal Sales Tax (7.0%) Total  $22,396.00 $1,525.72 $23,921.72    EXHIBIT L  STTTG  SVITC  STTC  SVTC    EXHIBIT L  Town of Dallas Budget Amendment  Date:  September 10, 2019  Action: Economic Development  Purpose: To Appropriate Funds for Town Signage  Number:  ED-001  Line  Original Amount $0 $0  Amended Amount $22,396 $22,396  Fund 33 33  Dept 3999 8500  Item Item Description 0000 Fund Balance Appropriated 7500 Cap. Outlay: Construction  Difference $22,396 $22,396  Approval Signature (Town Manager)    EXHIBIT M  Maria Stroupe From: Sent: To: Subject:  Anne Martin <annes3@me.com> Friday, September 27, 201910:26AM mstroupe@dalasncnet Halloween  Iwould like to put Halloween on the Square using power to decorate. Icall. Jerry and he said just to call u. lwould be happy to pay for power. Ifeel like the business around town are asked to support the Town by giving out Hundreds of  dollars free. Town could provide power. Thanks Anne  Sent from my iPhone  This email has been checked for viruses by AVG.  ittps/www.avg.com  1    EXHIBIT M  Recommendations for Allowing Power Usage by Vendors at Town Events 1. The Town of Dallas will not be responsible for any damages to vendor equipment while attached to 2. All connections and load calculations must be submitted no later than 14 days prior to the event for approval by the Electric Department, who will have the final decision regarding safety and avoiding overloading of circuits at any time leading up to and including the time oft the event. 3. Additional items will be subject to Town approval or rejection separately from initial application. 5. Ally vendors will: sign a waiver acknowledging responsibility for any damages to the Town of Dallas 6. Af fee of $15.00 per houri is required to be paid by the last business day prior to requested event.  the Town's electric grid.  4. Requests will be reviewed onai first-come, first-serve basis.  electric grid.  Possible Locations for Power Usage at Town Events  1. NOTOWN DECORATIVE LAMP POLES AND THEIR RECEPTACLES ARE TO BE UTILIZED = NO 2. Three areas could be upfit to allow vendor attachments, with a small amount of work: a. Ont the east side of N. Holland St. along the Court Square across from The Pickle north to Penley b. On the north side of W: Main St. along the Court Square across from The Gaston County Ont the east: side oft the: 100 block ofs S. Oakland St. from the Fire Department south to the  EXCEPTIONS.  and Associates.  Museum east to the intersection with N. Gaston St.  intersection with W. Church St.    GASTON -  COUNTY EXHIBIT N  AFRICAN AMERICAN MUSEUM  His  I  1110  COLORING BOOK  Cantan Camt    of  EXHIBIT N  History and Culture Coloring Book  The AA Museum is already preparing for our first Birthday Celebration which will take place on Saturday, February 15, at 10am. In addition to other great activities, planned for the day, we will release a Gaston County African American We would like to feature the African American leadership both past and present from the Dallas Community. Representing the Dallas  Coloring Book.  Township will be: 1. Stacey Thomas 2. George Jaggers 3. Pearl Burris Floyd  Your contribution ofs seventy-five dollars for each person, would be a tremendous and valuable  support to this endeavor.  Thank you, for considering this matter. If you decide to make a contribution in their honor, please make check payable to the African American Museum of History and Culture.  Cordially,  Dot Guthrie, Museum Curator