GASTONIA CITY COUNCILMEETING December 15, 2015-6:00P.M. GASTON COUNTY COURTHOUSE PUBLICI FORUM: ROOM-GASTONIA, NC EXHIBIT PAGE: NUMBER ITEM A: PRAYER - Mayor Pro Tem Todd) Pierceall ITEM B: PLEDGEOF ALLEGIANCE- - Mayor John D. Bridgeman ITEM C: ADOPTION OFT THE AGENDA ITEM D: APPROVAL OF THEMINUTES (1) Sine Die Council Meeting November 30, 2015 ITEM E: PUBLICEXPRESSION: EACHI PERSON IS LIMITEDTO. ATOTAL OF FIVE MINUTES SPEAKING TIME REGULAR AGENDA ITEM1: SAFETYDURINGTHE HOLIDAYS. PRESENTATION: Phil Welch, Fire Chief SIMS PARKI LEASE. AGREEMENT Robert Helton, Police Chief ITEM 2: PRESENTATION: Mr. Chuck Dellinger, Director of Parks and Recreation (Recognize Funds from the. ABC Board to Cover the Cost oft the "Sold Out Mr. Jesse Cole, President, Gaston Baseball, Inc. ITEM: 3: UPETAMENDMENTIEPA $10.900. School Alcohol & Character Education Program.) UPDATE ON STREET RESURFACINGI PROJECTS ITEM4: ITEM 5 ITEM6: PRESENTATION: Mr. Rusty Bost, P.E. Director of Engineering PRESENTATION: Mr. Rusty Bost, P.E. Director of] Engineering CENTRALINA COUNCILOF GOVERNMENT APPOINTMENT (Appointment of Alternate) Carry over from previous Council meeting PRESENTATION: Mayor and City Council Members NIERGOVERMMENTAL RELATIONS & ECONOMIC (Appointment to Vacant Seat) Carry over from previous Council meeting PRESENTATION: Mayor and City Council Members PRESENTATION: Mr.L. Ashley Smith, City Attorney PRESENTATION: Mr. Edward C. Munn, City Manager TRAFFIC ORDINANCE-STOPSIONS ITEM7: DEVELOPMENT ITEM8: ITEM9: CIYATORNEYSREPORT CIYMAMAGERSREPORT -1- GASTONIA CITY COUNCIL MEETING December 15,2015- 6:00P.M. GASTONG COUNTY COURTHOUSE PUBLIC. FORUM ROOM-GASTONIA,NC EXHIBITPAGE' NUMBER ITEM10: CITYCOUNCILREPORIS ITEM11: ANNOUNCEMENTS PRESENTATION: City Council Members PRESENTATION: Mayor Johnl D. Bridgeman INDIVIDUALS REQUIRING ADA RELATED SPECIAL ASSISTANCE AT THIS PUBLIC MEETINGAEARING SHOULDCONTACT THE. ADA COORDINATOR, CITY HALL, 181 SOUTH STREET, P.O. BOX 1748, GASTONIA, NC 28053-1748, AT (704) 866-6861 OR711 FOR RELAY SERVICE USERS WITHIN 721 HOURSOF THE MEETINGHEARING. ag121515 Page 81 Page 81 GASTONACITYCOINCIL MEETING NOVEMBER 30, 2015-4 4:00 P.M. CIY/COINCILCHAMBER - CITY HALL - GASTONIA, NC Mayor Bridgeman called the meeting to order at 4:00 p.m. on Monday, November 30, 2015, in Councilman Jim Gallagher then opened the meeting with prayer and Mayor Bridgeman led the audience in the Pledge of Allegiance. Ms. Sherry H. Dunaway, City Clerk, recorded the the City Council Chamber at City Hall, Gastonia, North Carolina. minutes. PRESENT: Mayor John D. Bridgeman Mayor Pro Tem Brenda B. Craig Council Members: David R. Kirlin City Manager Edward CMunn City Attorney L. Ashley Smith James Gallagher Todd Pierceall Porter L. McAteer ABSENT: Councilman Walter Kimble ADOPTIONOFTIEAGENDA Councilman Pierceall made a motion to adopt the agenda, with one change on Item A showing the Prayer was led by Councilman Gallagher. Councilman Kirlin seconded the motion with the APPROVALOFTHE MINUTES - REGULAR COUNCIL MEETING-NOVEMBER 17.2015 Mayor Pro Tem Craig made a motion to approve the minutes of the November 17, 2015, Regular Council meeting, as printed. Councilman Pierceall seconded the motion and Council approvedi it amendment noted and Council approved it unanimously. unanimously. CANVAS OFTHE ABSTRACTOEVOTES Mayor Pro Tem Craig made a motion to accept the official Canvas of the Abstract of Votes as certified by the Gaston County Board of Elections for the election held on November 3, 2015. Councilman Pierceall seconded the motion and Council approved it unanimously. (Reference as contained in Exhibit Book 2 to Minute Book 105 at Page 68.) Mayor Bridgeman recognized Mayor Pro Tem Craig for her dedicated service to the City of Gastonia, as Councilwoman June, 2009 - December, 2011 and asl Mayor Pro Tem January, 2012 Mayor Pro Tem Craig thanked the citizens of Gastonia for giving her the opportunity to serve and represent them. She expressed her appreciation to the Council for working together and for the accomplishments they have made doing SO. She also expressed her thanks and appreciation City Manager Ed Munn expressed his appreciation to Mayor Pro Tem Craig for her work and dedication to the citizens and city and in particular her work on the park at Vance Street. He thanked her for her commitment and success in raising the funds and bringing the community Councilman Kirlin expressed his joy working with Mayor Pro Tem Craig. He stated she was always persistent and consistent and these are very good traits. He stated he looked forward to Councilman Gallagher stated that he has learned so much from Mayor Pro Tem Craig and she has always been a strong advocate for the West Side. He stated he appreciated her wisdom and -November, 2015 and also presented] hera a Key to the City. tot the staff for their hard work and dedication. together tol buildt the park. heri involvement and participation on future projects. advice tol him andt the Council. -81- Page 82 Page 82 REGULAR COIRCINTINE-MOVTEE 30,2015 Councilman Pierceall expressed his appreciation to Mayor Pro Tem Craig for supporting him and for all she had done for the city. He stated he looks forward to working with her on the Councilman McAteer thanked Mayor Pro Tem Craig for her service and stated it has been great Springfield Committee. working with her. ADIOURMMENTSNE, DEOTDI-DESASTONA CITYCOUNCIL Councilman McAteer made Motion to adjourn. Councilman Pierceall seconded. Mayor Bridgeman adjourned the 2011-2015 Gastonia City Council sine die at 4:08 p.m. Mayor John D. Bridgeman L.Ashley Smith, City Attorney Sherry H. Dunaway, City Clerk rc113015 -82 City of Gastonia Fire Department "Nationally. Accredited. Fire. Service Agency: 2000-2016" 260N. Myrtle School Rd., Gastonia, NC28052 Office: (704)-866-6806 Fax: (704)866-6052 December 10, 2015 Holiday & Heating Safety Tips Festive lighting, windowsill candles, and lighted Christmas trees are as staple of many families' Christmas trees alone, are the cause of an estimated 2301 residential structure fires per year; however, many oft these types of fires can bej prevented ift thej public would follow ai few simple Ifyoul have a real Christmas treei iny your home, keepy your tree well watered! If Ify youl have an artificial tree, bes surei it's labeled, certified, ori identified by the Makes suret trees are not blocking ane exit, and are atl least threef feet away from any heats source like fireplaces, space heaters, radiators, candles orl lights. Keepl lit candles awayf from decorations and othert things that can burn, and Replace anys string ofl lights with worn or broken cords, or loose! bulb Turn off ALL holidayl lighting beforel leaving home or going tol bed. holidays; however, all three pose a great riski ifhandled improperly. guidelines during the: season: thet tree becomes dry, get rid ofiti immediately. manufacturer asi fire-retardant. never use lito candles to decorate the tree. connections.. With winter weather upon us, thej potential for residential structure fires increases dramatically. Officials recommend the following guidelines tol keep you and your loved ones safe Ifyous see ors smells smoke or gas, get out oft thel house and dial 911. Keepa anything that can burn atl least 31 feeta away from heating equipment. Makes sure tot turn portable heaters off when! leaving rooms. Have a working smoke detector in all rooms ofr residential dwellings. Ify you use a wood: stove for heating, make sure to only! burn wood ini it. Alli fuell burning equipment should vent tot the outside to avoid CO (carbon monoxide) poisoning. Have a qualified professionali install alll heating equipment inr residential homes. Have a working CO (carbon monoxide): alarmi installed on each floor ofy your home ifa any fuel For even more: fire safety tips visit our website; ww.Gastoniafireors Ifcitizens have any questions they are encouraged to call The Gastonia Fire Department Life while heating residential homes: Never use your oven to heat your home.. burning equipment is used to heat the home. Division at: 704-866-6740 Safety Phil Welch Fire Chief Macph3-bpekauonla-con EXHIBIT1-1 Gasto HOLIDAY SAFETY TIPS Cars Avoid driving alone or at night. an anti-theft device. Keep all car doors locked and windows closed whilei in or out ofy your car. Set your alarm or use Avoid parking next to vans, trucks with camper shells, or cars with tinted windows. Parki as close as you can toy your destination andi take notice of where you) parked. Neverl leavey your car unoccupied with the motor running or with children inside. Do notl leave packages or valuables ont the seat of your car. This creates a temptation for thieves. Ify your mustl leave something int the car, lock iti int thet trunk or puti it out of sight. Keep as secure hold on your purse, handbag and parcels. Do not putt them down or on top of the Ifyour musts shop atr night, park in ay well-lighted: area. Bes sure tol locate your keys prior to going toy your car. car in ordert to opent the door. When approaching or leaving your vehicle, be aware ofy your surroundings. Dor not approach your car alone ift there are suspicious people int the area.. Ask mall or store security for an escort before leaving your shopping location. Automated Teller Machine (ATM) Ify your must use an ATM, choose one that isl located inside aj police station, mall, or well-lighted Protect your PIN bys shielding the ATMI keypad from anyone who is standing near you. location. Withdraw only the amount of cash your need. Do nott throwy your ATMr receipt away att the ATM location. Shopping Shop during daylight hours whenever possible. Ify you must shop at night, go with ai friend or family member. Dress casually and comfortably. Avoid wearing expensive jewelry. Dor not carry a purse orv wallet, if possible. and/or ac credit card youe expect to use. Avoid carrying large amounts of cash. Keep cash iny your front pocket. Always carryy your Driver License or Identification Card along) with necessary cash, checks Even though you are rushed andi thinking about a thousand things, stay alert to your surroundings. Payi for purchases with ac check or credit card when possible. Notify the credit cardi issueri immediately ify your credit cardi is lost, stolen or misused. Keep ar record of all of your credit card numbersi ina as safe place at home. Be extra carefuli if you do carry a wallet or purse. They are the prime targets of criminals in crowded shopping areas, transportation terminals, bus stops, onl buses and other rapid transit. Avoid overloading: yourself with packages. Itisi important tol have clear visibility and freedom of Beware ofs strangers approaching youf for any reason. Att this time ofy year, 'con-artists" mayt methods of distracting you with the intention oft taking your money or belongings. motiont to avoid mishaps. various Children try Ifpossible, leave small children ath home with a trusted babysitter. Teach your child to go to as store clerk and ask for help in case your child is separated from you. EXHIBIT 1-2 Teach children to stay close toy you at allt times while shopping. Never allow children to make unaccompanied trips to the restroom. Children should never. be allowed to go to the car alone and they should never be left alonei in Teach children their full name, address and telephone number to give top police officers or mall security. Teach children toi immediately inform youi ifas stranger is bothering them. thec car. AtH Home minutes. Bee extra cautious about locking doors and windows when youl leave the house, even for al few When leaving home for ane extended time, have a neighbor orf family member watchy your house Large displays of holiday gifts should not be visible through the windows and doors ofy your When setting up a Christmas tree or other holiday display, make sure doors and passageways Be sure your Christmas tree is mounted on a sturdy base sO children, elderly persons or family Ifyouu use lights ony your Christmas tree ensure the wiringi is not damaged ori frayed. Frayed or and pick up your newspapers and mail. Indoor and outdoor lights should be on an automatic timer. Leave ar radio ort television on sot the house looks and sounds occupied. home. are cleari insidey your home. pets cannot pulli it over ont themselves. damaged wiring can cause at fire. Place your Christmas treei iny water or wet sandt tol keepi itg green. Never place wrapping paperi iny your fireplace. Strangers at Your Door Be awaret that criminals sometimes pose as couriers delivering gifts. Itis not uncommon for criminals tot take advantage oft the generosity of people during the holiday season by soliciting donations door-to-door for charitable causes although no charity isi involved. Ask for their identification, and find out how the donated funds will be used. Ify you arer not satisfied, do not donate. Donate to a recognized charitable organization. EXHIBIT 1-3 MEMORANDUM DATE: TO: FROM: THRU: December 15, 2015 Mayor/Council Edi Munn, City Manager Chuck Dellinger, Parks, Recreation & Cultural Services Director Larry Wood, Assistant City Manager SUBJECT: Sims Parkl Lease Agreement The attached Lease Agreement is respectfully submitted for Council approval. The Lease Agreement is with Gaston Baseball, Inc., (Gastonia Grizzlies), and provides for a continuance of organized collegiate level baseball in Gastonia during the summer months and upt to 5 weekend dates and 5 weekday dates throughout the year tol host special events. Sims Legion Park has beent thel home oft the Grizzlies since 2002. The Grizzlies have been ag great tenant and provide wholesome passive recreation opportunities for the citizens of The Lease Agreement becomes effective on the date of signage and first payment by Grizzlies owner, Jesse Cole and continues through December 31, 2017 with two (2) extended terms through 2019. The new basic rental rate is $20,000.00 per year and combines an initial lease payment, monthly utility fee, field preparation, basic restroom & maintenance supplies, and field clean upi following permitted fireworks displays. The Lease Agreement also provides harmonious scheduling between the Grizzlies and Gastonia to enjoy. American Legion Post 231 baseball teams. Thank you for your consideration of this matter. EXHIBIT 2-1 NORTH CAROLINA GASTON COUNTY LEASE AGREEMENT THIS LEASE Agreement, effective as of the INC., as Lessee (hereinafter "Lessee"); day of 2015, by and between CITY OF GASTONIA, al North Carolina municipal corporation, as LESSOR, ("City"); and GASTON BASEBALL, THAT WHEREAS, City ist the owner ofa baseball park situated on certain realty located on Dr. Martin Luther King, Jr. Way, in Gastonia, North Carolina commonly known as Sims Legion Baseball Park; and WHEREAS, City Council oft the City ofGastonial has determined that the baseball park will not ber needed WHEREAS, Lessee desires tol lease the baseball stadium and such facilities from City for periodic, but not NOW, THEREFORE, in consideration of the terms, conditions and covenants hereinafter set forth, City does hereby lease toI Lessee, and Lessee does hereby lease from City the baseball stadium, its facilities and parking: area, excludingl Little League fields anda al BMXi installation allk known as Sims Legion Baseballl Park A. This lease shall be effective as January 1,2016, and continuing upt to andi including December 31, 2017. Initial possession or occupancy oft the premises under this Lease for the purposes described in, and subjectt tot thec conditionsi further describedi ins section 130 ofthis] Lease as appearing! hereinafter shall commence upon the effective date oft thel Lease ands shall continue uninterruptedi throughout the duration oft the Lease, subject onlyt to City'sr rights ofe entry fori inspection and certain maintenance, ands subject tot the rights ofuse and occupancy oft the premises by City and certain others under the terms ofs Section 131 herein. B. Optiont to Renew. Provided that Lessee is not then in default, beyond any applicable cure period, ofa any oft thet terms ofthis Lease, Lessees shalll have the optiont toe extend this lease fort twos successive one( (I)yearp periods, eachs sucho one( (1)year periodbeing! hereins sometimes referredto as ane extended WITNESSETH: by City for its exclusive use; and exclusive use; (hereinafter the" "premises") (See Exhibit A attached! hereto). 1. Effective Date - Duration - Possession. terma asf follows: First Extended Term: January 1.2018 - December 31.2018 Second Extended' Term: January 1,2019- December 31.2019 Inc order for each one (1) year extension to be exercised, Lessee must give written notice to City ofi its intent to extend this lease nol later than thirty (30) days priort tot the expiration oft thet then existing term. Int the event that Lessee extends the lease as provided int this section, allt terms and conditions oft this Leases shall continue ine effect. Lessee shall not! be permittedt toe extendt this Lease beyond the second extended term. Any termination oft this Lease during the initial term or during any extended term shall terminate all A. As the basic rental for the premises during the initial term oft the Lease and any renewal period thereof and under its condition of nonexclusive possession, Lessee shall pay to City the sum of Twenty Thousand ($20,000.00) dollars per year, payable each year in five istallments of $4,000 each, ond orb beforet the 5th day ofther month ofJ January, May, June, July, and August commencing on January 5, 2016. A late fee of1 %% oft the outstanding balance shall be assessed for any rental paymentr not made within 300 days ofthed due date. The basic rentali includes city utilities, customary field preparation for games, basic restroom &I maintenance supplies and field clean up following For all other payments or fees required hereunder, Citys shall invoice Lessee one time per year one week after Lessee'sl laste event whichi invoice shall be payable within 30 days ofreceipt. Al late fee of1 %% oft the outstanding balance shall be assessed for any invoice not paid within 30 days of receipt. Thisi invoice will include all charges for Lessee's rental events that require city labor and materials, costs tor repair damages to the facility caused by the) Lessee, costs tor repair orr replace any city supplied equipment damaged byl Lessee or agents and any additional costs incurred by the City rights ofe extension hereunder. Rent. 2. permitted fireworks displays. B. beyond thep provisionsi inl Paragraph2A. EXHIBIT 2-2 3. Concession) Rights. Duringt thet term ofthisI Lease ora any extension thereof, duringl Lessee orl Lessee- sponsored events, Lessees shalll havet the exclusive righta and dutyt to operate the concessions stand(s): selling all items typically sold thereini including, but not limitedt to, candy, crackers, soft drinks, hot dogs, hamburgers, sandwiches, potato chips, peanuts ands similar items. Lesseei istop providea alle equipment andi receivea allp profits excepta as] providedi ins section 2.A. Nothing herein shall prohibit Cityf from permitting other groups using the premises pursuant tos Section 131 hereoft to operatet the concession stand(s) duringt their use oft the premises. Lessee agrees to acquire ther necessary privilege licenses and to abide by all health ands safety laws and regulations, and too comply with any other laws or ordinances as may apply toi its activities conducted on Clubhouse/Dressing Room. Lessee shall have the exclusive use oft the clubhouse/dressing: rooms during its baseball season. Lessee shall have the exclusive use oft the dressing room offices, the training Use. Lesseer may uset the premises for playing! baseball, promoting baseball, baseball practices, and any other events or activities approved by City. Lessee may uset the premises for baseball practices on non- game days, providedi no other event has been scheduled at thes stadium by the City pursuant top paragraph 13 herein. Lessees shalll havey year-round use oft the office space and designated storage areas ass shown on Exhibit Alterations orl Improvements. Lessee shall make noa alterations, improvements ors structural changes ofanyl kind to thep premises without1 the express written consent of City, such consent nott to bet unreasonably withheld. Any such alterations ori improvements made to the premises shall become the property of City Maintenance and Supervision. City will maintain, in good condition and repair, thes structure ofthe stadium and facilities, including but not limited to grandstands, bleachers, lights, toilets, toilet facilities, parking lots, and fences. Additionally, City will appropriately: seed and fertilize the field, mow the grass outside the playing field once per week, and mow thei infield and outfield as needed during] Lessee'ss season suitablet tol highl level baseball competition. City will maintain field playing surfacet to conditions suitable to high level baseball competition prior to and during Lessee's season. City shall provide game day field preparations for all Lessee games with the costs included in the annual rental payments as provided in Paragraph2A. Lessee willl ber responsible fort touch upf field preparations between team warm ups ands game time. Lessee willb ber responsible forp putting on andt takingo offa any anda allt tarps used duringi inclement weather. Lessee will also ber responsible for putting onj pitcher's mound and home platet tarps after home games and Lessee will clean the premises, including restroom facilities, grandstands, bleacher areas, dugouts, group areas and field after eachl Lessee game or other event. Lessee will make recycling ofp plastic and glass containers, aluminum cans, and cardboard ap priority. City staff will pick up containers that are bagged and cardboard1 boxes (broken down & flattened) the next moming after an event. Lessee will ber responsible for any repairs or damage toi thep premises determined to! have been caused by Lessee ori its employees or agent, but) Lessee shall have nol liability for damages to thep premises caused by any other party. City shall provide the premises for Lessee occupation complete with bases, public address system, scoreboard, stadium illumination, seating, restroom facilities, two locker rooms, ticket offices, press box, training room, umpire dressing room, team management office, and concession areas which are clean, functioning, andi ready: for usef for alll Lessee events tol bel held ont the premises. City wills supply toilet paper, trash bags and normal restroom cleaning supplies with the costs included int the annual rental payments as Lessee shall have the exclusive duty and responsibility to adequately police and supervise the premises during Lessee events, ati itss sole expense. Lessee willl hire sufficient off-duty officers of the City of Gastonia Police Department for purposes of policing and supervising the premises including the parking areas during its baseball games, or any other events contracted: for and or conducted by it ont the premises duringt thet term oft this] Lease. Lessee shall have nor responsibility or liability for any supervision or policing duringe events planned by or conducted by other parties, including any events conducted pursuant to Section the premises. 4. 5. A. 6. 7. room, and thet umpire dressing room duringl Lessee orl Lessee-sponsored events. unless otherwise agreed tol by thep parties in writing. events. providedi in Paragraph 2A. 13 oft this Lease. 8. 9. Inspection. City may cause thej premises tob bei inspected ata any time. consent ofCity. City reserves the right tor refuse any proposeds sublease. Subleasing/Asigmment Lessee shall not sublease or assign this Lease without the prior written EXHIBIT 2-3 2 10. Indemnification and] Insurance. Lessee agrees to indemnify, hold harmless and defend City, its officers, agents and employees from and against any and all claims, loss, damage, liability or expense whatsoever, including reasonable attomey's fees arising out of or resulting from Lessee's use, occupancy, conduct orr management oft the premises for baseball games or practices and any other events contracted for or conducted byI Lessee. Lessee agrees to further indemnify, hold harmless and defend City, its officers, agents and employees from and against any and all claims, loss, damage liability or expense, including reasonable attorney's fees, arising out of or resulting from any breach or default ont thej part ofLesseei int the performance ofa any responsibility or covenant tob bep performed pursuant tot the terms oft this Lease, or arising out of or resulting from any act of negligence ofI Lessee, its officers, agents, or employees. City agrees to further indemnify, hold! harmless and defend thel Lessee, its officers, agents and employees from and against any anda all claims, loss, damage, liability or expense, including reasonable: attorey'sf fees, arising out ofc or resulting from any breach or default ont the parto of City int the performance ofa any responsibility or covenant to be performed pursuantt to thet terms ofthis Lease, or arising out of orr resulting from any act ofr negligence Lessee ati its own expense shall carry General Comprehensive Liability insurance ina an amount of not lesst than $3,000,000.00 combineds singlel limit for both personal injury andp property damage, andl Products Liabilityi insurancei ina ana amounto ofn notl less than $1,000,000.00 combineds singlel limit forb both personali injury and property damage, with ani insurance company acceptable to City and authorized to dol business in the State ofNorth Carolina, whichp policiess shall namet the City of Gastonia asa ana additional insured. Thel Products Liability policy! held byl Lessee shallp protecta and! hold City harmless from and against any and allo claims, loss, damage, liability, expense orj judgment whatsoever, including those arising under any present or future law of any governmental authority having jurisdiction of the premises by reason of any storage, sale or consumption of concessions on or from the premises by Lessee. Such policies shall further contain provisions that City will be givent thirty (30) days' written notice of any intent tot terminate such insurance by either Lessee or the insuring company. Lessee will furnish certificates ofi insurance evidencing such City shall self-insure and/or carry all-risk property insurance on the land and improvements constituting the premises. Ift the premises are damaged by perils covered by City's insurance, City shall commence: repair, reconstruction and restoration of the premises with due diligence and this Lease shall 11. Bankruptcy. Itisc covenanted: anda agreedt thati int thee event ofa an adjudication: inb bankruptcy ofL Lessee, either voluntary ori involuntary, ora ana assignment by Lessee fort the benefit of creditors, any state receivership proceeding against Lessee, or any other proceeding dealing with Lessee's solvency, this lease may be declaredf forfeited and void att the option of City two (2) days after City shalll have served written notice upon Lessee or upon the receiver ort the trustee in bankruptcy, unless the matter or thing giving City the right to void the Lease be remedied or terminated within said two (2) days, and the right of re-entry is expressly reserved, and City may thereupon re-enter and take possession of said property and hold the same for the balance oft the term in City's own right, without demanding payment or rent due or to become due, and without demanding the possession ofs saidp property, and thel benefits ofthis Lease shall noti inuret tot theb benefit of any third party by operation of law or otherwise. Anything herein contained to the contrary notwithstanding, City shall not exercise its option to terminate hereunder and shall not take any steps hereunder based upon the filing against Lessee of any involuntary petition or application in bankruptcy, insolvency orr reorganization, orf for the appointment ofar receiver for aj period oft thirty (30) daysi inc order to enable Lesseet too cause a dismissal orv withdrawal lofsuch petition ora application ort ther removal ofa any receiver ort trustee appointed: asa aresulto ofthereof, providedt thata allo other terms ofthisI Lease are punctually performed. 12. Notice. Any notices required orp permitted tob be given by either party hereunder. shall bei in writing sent tot the persons and addresses below and shall be made and given by either delivering the noticet tot the persons indicated or depositing the notice in the United States Post Office postpaid addressed to the other ofCity, its officers, agents, or employees. coverage prior tot the effective date oft this Lease. remain ini full force and effect. party ati itsl last known place ofb business. For City: Mr. Charles Dellinger City of Gastonia Recreation. Department P.O.] Box 1748 Gastonia, NC 28053-1748 Forl Lessee: Mr.. Jessie Cole POI Box 177 Gastonia, NC 28053 13. Use of Premised] by American Legion and Others. A. Each year, the Lessee shall provide the City a schedule of upt to 341 home game dates on or before February 19 (the "Schedule). The Scheduler may alsoi includet upt to 5 weekend ands 5 weekday dates for approved events during the time periods ofFebruary 1-) May 15 and August 15- December 1 with the exception oft the time period between Good Fridayt through the following weekend which isr reservedi for the annual Gaston County Schools Easter breakb baseballt tournament. The City shall bef freet tob book events att the stadium ati its sole discretion fora any date not reserved! byl Lessee ont the Schedule. EXHIBIT 2-4 3 B. Legion Scheduling. During the regular season, Gastonia American Legion Post 23 (hereinafter "Legion") ) wills schedule their gamest through City Recreation: staff around the dates ont the Schedule. Duringt the American) Legiong play-offs, thel Legion and thel Lessee willr make a goodf faith attemptt to avoid conflicts. Ifa scheduling conflict arises between aj previously scheduled GRIZZLIES game and Legion playoff game, the Grizzlies game will have priority to keep their scheduled game at Sims Park andt thel Legion willr move their home gamet to Ashbrook High School or anotherl location. Tor receivet this priority scheduling, the Grizzlies agree top pay thel Legion via check thes sum of$500 When thej premises areu used by those other than Lessee, the cost ofthe clean-up following such use shall beb borne! byt the organization usingt thep premises, with thee exception ofj joint use oft the premises byI Lessee and any other organization, in which caset the cost of clean-up shall be borne byl Lessee. All organizations using the premises shall be under an affirmative obligation to clean up the premises toa aj proper condition. Use oft the premises by groups other than] Lessee shalll be subject to those. regulations governing the use oft the premises established by City, including the provision of sufficienti insurance coverage as determined' by the City ofGastonia, said insurance tor name the City 14. Terminationi inE Evento ofDefault. Int thee event thate either party shalli failt top perform, keep and observe any oft the terms, covenants and conditions herein contained oni its partt to be performed. and shall remain in default thereof for a period of thirty (30) days after written notice from the party not in default calling attention tos such default or condition, thep partyr noti inc default may declaret this Lease terminated: and canceled A. Int the case of City, City may take possession oft the premises without prejudice to any other B. Int the case ofI Lessee, Lessee may vacate the premises without prejudice to any other legal 15. Waiver of] Liability. Lessee shall maintain its own property insurance against theft or damage to any and all personal property that it stores in or about the leased premises. Lessee assumes all risk and responsibility inc connection witht thes safekeeping ofa alli its equipment andp personal property left ont the leased premises andi furthermore, agreest tol hold City harmless for any damages ofv whatever nature occurring tos said 16. Holding Over. IfLessee shall, with thel knowledge or consent of City, continue tor remain upon the premises after the expiration oft the term oft this Lease,t theni in such casel Lessee shalll become at tenant aty will. 17. Game Personnel. During each season Lessee shall hire and pay all salaries of game personnel, including but notl limitedt to game day staff and other officials as may be required for the conduct of any of its games or othere events! heldb byl Lessee att thes stadium. Additionally, Lessee agreest tog givet firsto consideration 18. Novelties and] Programs. Duringl Lessee andI Lessee-sponsored events during the term oft thel Lease, Lessees shall retain andl have full control over allr merchandise rights at the premises including the exclusive rightt tos sell and dispense programs (and advertising contained therein), as well as the exclusive right to sell novelty items such as T-shirts, sweatshirts, pins, buttons, hats, etc., beverages at. Lessee events orl Lessee- sponsored events. Lessee shalli install (or cause to bei installed) ati its own cost and expense, all necessary equipment to operatet the souvenir andr merchandise sales. Alls such facilities shalll bec operated inc compliance with alla applicabler rules, regulations and ordinances ands shall bet the property ofLessee. Lessee isr responsible for providing liability insurance coverage ofL Lessee sales ofr merchandise products during Lessee use ofthe 19. Sale ofAdvertising. Ata allt times duringt the term oft this lease, Lessees shall have the exclusive right tos sells space for advertising ont the outfieldf fences, sideline fences, temporary outfield fences, scoreboards, dugouts, ona any freestanding signage located ont ther real property ofwhicht thep premises isap part, int thej public restrooms, int thei inner and outer concourses, int the grandstands andi in and on all other reasonable location int thes stadium or ont the stadium property. Said advertising shall be consistent with City: zoning regulations. The term oft the advertising sold can only extend during the term oft this Lease or any extension hereof. Additionally, Lessee, at its own expense, shall have the right to place a sponsor logo on the field playing surface during the season. Lessee shalll have the exclusive rightt to display appropriate signage reflecting the name ofthes stadium. Lessee shalll have the rightt to display temporary signage ate entrances and public access leadingt to thep premises indicationt the location ofthes stadium and event) held att thes stadium. Thel Lessee shall havet ther rightt to cover any conflictings signage of City during Lessee events. Any proposed advertising shall bes subject tot the approval of City which approval shall not be withheld unless City reasonably deems such advertising to be offensive or misleading to the general public. In the event City fails to approve or disapprove of any such advertising within ten (10) days after notice oft the same, such advertising shall be deemed approved. Lessee shall maintain such advertising signs in good repair and appearance during the season. AIlI Lessee advertising signss shallb bep painteda and/or prepared with appropriater materials and attached using City approved methods byl Lessee. Lessee shall provide one wall space (total oft two wall spaces) on the outfieldf fence free ofc charget tol both the City and tot thel Legion. The City's wall space shall be inc center field. City and Legion, respectively, shall be responsible for the expense ofp painting their walls space. asc compensation. of Gastonia as an additional insured. and: legal remedy itr might! have on açcount ofd default. remedy itr may! have on account thereof. property while itis located ont the demised premises. of game days staff opportunities to qualified Cityr residents. premises. EXHIBIT 2-5 4 20. Radio and Television Rights: Closed-circuit and Cable Television. During the Lessee season, Lessee shall retain all radio and television rights and may make and exeçute any contract with respect to television and radio coverage ofi its games or for any other games or events in which iti may participate or sponsor without City approval. Any additional cost of operating the premises necessitated by radio or 21. Covenant of Quiet Enjoyment. So long as this Lease has not been terminated due to default by Lessee, beyond any applicable cure period, and subject to the provisions ofs section 13 of this Lease, City covenants that Lessee shall quietly have, hold and enjoy thep premises during thet term oft the Lease, including 22. Waivers. Itis agreed! between the parties that no waiver ofa anyt term or condition oft this Lease shall be construed tob bea a waiver ofa any succeeding breach oft the same or any other term or condition. 23. Amendments. Any and alla amendments tot this] Lease must bei in writing signed by Lessee and City. 24. Binding on Successors and Assigns. All covenants and agreements oft this Lease shall be binding upon andi inure tot thel benefit oft the respective successors. and assigns ofCity and Lessee. 25. Integrated Contract. Neither party has made any representation or promise, except as contained herein, ori ins some further writing signed! by the party making such representation or promise. 26. Counterparts. This agreement may be simultaneously executed im several counterparts, each of which when sO executed shall be deemed to be an origimal, and such counterparts together shall constitute television coverages shalll be bornes solely by Lessee. any extensions1 thereof. but one andt thes samei instrument. EXHIBIT 2-6 5 IN WITNESS WHEREOF, City! has caused these presents tol be executed ini its name byi its Mayor, attested byi its City Clerk, andi its corporate sealt to bel here to affixed by order of its City Council, and] Lessee, has caused these presents tob be executed ini its name by its (Vice) President, attested by its Secretary, andi its corporate seal tob bel hereto affixed, as oft the day of 2015. CITY OF GASTONIA By: John D. Bridgeman, Mayor ATTEST: (Deputy) City Clerk APPROVED. ASTOFORM: City Attorney GASTONBASEBALL, INC. By: President STATE OF NORTHO CAROLINA COUNTY OF GASTON certify that Notary Public oft the aforesaid County and State, do hereby personally appeared before me this day and acknowledgedi thats shei ist the City Clerk oft the City ofGastonia andt that by authority duly given and as the act oft thei municipal corporation, thei foregoingi instrument was signedi ini its name by its Mayor, sealed with its corporate seal and attested! by her asi its City Clerk. WITNESS: my hand andl Notarial Seal, this the_ day of 20 Notary Public My Commission Expires: STATEOF COUNTYOF I, al Notary Public oft the County and State aforesaid, certify that personally appeared before mei this day and acknowledged that hei is President of Gaston Baseball, Inc., a corporation, and that! he, as President, being authorized to dos so, executedt the foregoing onl behalf ofthed corporation. WITNESS: my hand and) Notarial Seal,t this the day of 20 Notary Public My Commission! Expires: Agree1436 EXHIBIT 2-7 6 GASTONIA Greatl Place. Great People. Great Promise. Budget Division MEMORANDUM To: Mayor and City Council From: Crystal B. Falls, Budget Administrator DulP Thru: Ed Munn, City Manager Melody Braddy, Director of Financial Services Re: Budget Amendment 16-023 Date: December 8, 2015 The attached Budget Amendment recognizes funds from the ABC Board. These funds are to cover the cost of the Gaston County Schools "Sold out school alcohol and character education program". Please feel free to call me if you have any questions 704-866-6957. EXHIBIT 3-1 City of Gastonia Budget. Amendment BudgetDept Amendment# CBF 16-023 ADDITIONALFUNDS (Councila approves) TRANSFERS: BETWEENI FUNDS (Comelapproves) COUNCILI MEETING DATE: December 15, 2015 Account Number 110-410-45000 110-440-347000 KarBragcilcOny Existing Budget $68,900 Increase (Decrease) $10,900 Account] Description Mayor/Council Contracted Services Financial Services Accounting ABCF Revenue Revised Budget $79,800 $410,900 $10,900 $400,000 Doest this amendmente adversely impacty your operation? IfYes- Whatist thei impact? Yes No ASANPORAVISNENE SIGNAIDRES DATE Recognize fundsf fromt the ABCE Boardt to covert thec costo ofthe" "Sold outs schoola alcohol ando character education program". ORIGINATOR ERARTMENTH HEAD crry COUNCIL DATE DATE ldia Baday 21Bs CITYMANAGHR s EXHIBIT 3-2 TTE Sold Out (Students Take a Stand) from Sold Out Plus 3v weeks ago Iviai iMovie ALL AUDIENCES Gaston County Middle School Students Commit to Alcohol Abstinence andj join the movement of thousands of North Carolina Students who havet taken the Sold Out Alcohol. Abstinence Pledgel implementing the Sold Out 365 Student Video Character Curriculum right here! ! Thank You Gaston First Name: Alexis White School: Southwest Middle School Subject: have taken the SOLD OUT Take the pledge at our official website at soldouttv.com and join over 4000 students And schools that have committedi to Col Principals! Pledge! Ithink taking the pledge is awesome the speech changed my lifen whot follow Sold outo ons several online platforms on the website! Students are speaking up aboutt their Sold Out Experience! First Name: Quanmesha Schoo!: Grier middle school Subject: have taken the SOLD OUT Pledge! Let us know what yout thinkl Ihave pledge to say not to all drugs and! be drug free BCI will not do any drugsl haves set my goal to change my attitude and sayt to all drugsee First Name: Ava School: BMS Subject: Ihavet takent the SOLD OUT Pledgel lam! happy tot take this pledge andl Iwill NOT be that 28%. School: Belmont middle: schooll have takent the SOLD OUT Pledge! Ihavet thought over, andi iam going to start fresh. Kalese School: Grier Middle School Ihave taken the SOLD OUT Pledge! Let us know whaty yout thinkli iwantt tos start a new pledge to myself and hope that one dayi itv will spread throughout my community and more people willl know about this great site Talia School: York Chester Middle School Thave taken the SOLD OUT Pledgel First Name: Leah First Name: First Name: Let us know whaty yout think!l thinki it's great hir roman gabriel the 3rd. lloved your program First Name: kiren School: southwest middle school Subject: have taken the SOLD OUT Pledge! First Name: sydney School: southwest middle schooll have taken the SOLD OUT Pledgel Ithink ifl followt this pledgel Ican be a very successful person EXHIBIT 3-3 EXHIBIT 3-4 MEMORANDUM DATE: TO: FROM: THRU: December 8, 2015 Edl Munn, City Manager Rusty Bost, PE, Director of Engineering/City Engineer Flip Bombardier, PE, Assistant City Manager SUBJECT: ITEM FORI DECEMBER 15,2015CITY COUNCIL MEETING PROJECT UPDATE-20ISSTREET RESURFACING, AND GREENWAY Each year, the City bids and awards a contract to resurface City streets. Thei funding source isac combination ofPowell Bill (gast tax) fromt the State, or the City's General Fund. During the current Fiscal Years budgeting process, and additional $750,000 (on top oft the normal amount) was allocated to resurfacing and plans to provide the same $750,000 each year over the next three years. As expected, this is an area where the demand for resurfacing far outpaces the limited funds available. To assist with prioritization the City uses a Pavement Rating Survey prepared by ani independent consultant that ranks (0 to 100) each The project scope for this year's contract included a construction technique called Reclamation. The City! has! had ac couple successful pilot type projects int the past using this method. Reclamation involves removing old excess asphalt thru milling, then grinding and blending the remaining asphalt, stone base, and subgrade soil with cement, and finally placing a new asphalt surface. This creates a very strong sub base for the new asphalt, essentially providing al brand newi road within ai fraction of the time normal reconstruction PARKINGLOT RESURFACING segment of City owned street. takes. The streets included in this year's contract are: Full Depth Reclamation and Resurfacing STREET Montclair, Ave. Floyd Lane Rolling Meadow Lane Boulware North Falls Street West Allison Avenue Monroe Drive TO New Hope Road Spencer Ave. Niblick Drive N. Weldon Street Creekbriar Ave. FROM Armstrong Park Drive Miller Street Dead End North Highland Street Woodvale Ave. TOTAL FROM Deadend Redbud Drive Oakdale Street Kenilworth Drive Deadend Deadend Carolina Avenue Durart Avenue LENGTH (Miles) 0.43 0.29 0.52 0.19 0.06 0.20 0.17 1.87 LENGTH (Miles) 0.45 0.45 0.45 0.54 0.19 0.09 0.15 0.04 0.37 0.24 0.14 EXHIBIT 4-1 West Sullivan Street West Davison Street North Boyce Street North Pryor Street Resurfacing TO Beaty Road Audrey Drive New Hope Road Lynnhaven Drive Ridgeway Drive East 4th. Avenue Pearl Street STREET Maplecrest Drive Helen Drive Milton Avenue Lynnhurst Drive Pearl Street Meadowbrook Lane Erskine Drive Park Terrace Torrence Drive Beverly Drive Bessemer City Road Junius Street Fern Forrest Drive Sunrise Drive West Nineteenth Avenue South York Street East Garrison Blvd. Deadend Mountain. Avenue Royal Oaks Lane Dunham Road Linwood Road Kendrick Road East Drive Kendrick Road TOTAL 0.19 0.57 0.26 4.14 Armstrong Park Dr. Glenwood Dr. GREENWAY PARKING LOT City received $300,000 in private donations from' Thel David Belk Cannon Foundation to fund the construction ofar newj parking lot at the corner of Garrison andl Fern Forrest Drive tos serve the Avon/Catawba Creek/Gotha Greenway. However, the month of October saw unusually high and significant rainfall that slowed the project well into November. To date, all underground utilities work, rough grading, concrete curb and gutter, sidewalk have been completed. The remaining work consists of placing the stone and asphalt for the parking lot, finish grading behind the curb and sidewalks, landscaping, andi installation of park amenities (benches, outdoor exercise equipment, artwork, etc.) RECOMMENDATION (Presentation: Rusty Bost) This update is being provided to Council as information, no action is being requested. EXHIBIT 4-2 EXHIBIT 4-3 ARRISON EGUIEVARD Avon &Catawba Creek Greenway Entrance &F Parkinglot GASTONIA CONCEPTUAL PLAN Final EXHIBIT 4-4 MEMORANDUM DATE: TO: FROM: December: 2,2015 Edl Munn, City Manager Rusty Bost, PE, Director of Engineering/City Engineer SUBJECT: Item for December 15, 2015City Council Agenda TRAFFICORDINANCE- STOP SIGNS Spencer Mountain Village Subdivision Phase 1 & Phase 21 has been under construction and new: residents will be moving in in the near future. The progress of this project is at a point where establishing ordinances for stops signs is appropriate. Therefore, iti is recommended that: Appendix A (to Chapter 6), Section 6A-5, "Stop Intersections", be revised by thereto: adding STOPSTREET Easton Knolll Drive Thomas Springs Drive Windy Willow) Lane Windy Willow] Lane APPROACH South South East West MAINSTREET Eastway Drive Eastway Drive Easton Knolll Drive Thomas Springs Drive (Presentation: Rusty Bost) hBot RUSTI BOST,PE Director ofl Engineering/City Engineer EXHIBIT 5-1 ORDINANCE. AMENDING CHAPTER 6, APPENDIXA OF THE CODE OF ORDINANCES OF THE CITY OF GASTONIA (STREETLISTS: FOR TRAFFIC. AND) PARKING, REGULATIONS) ITI IS HEREBY ORDAINED that Appendix A1 to Chapter 6 of the Code of Ordinances Appendix A (to Chapter 6), Section 6A-5, "Stop Intersections", be revised by oft the City of Gastonia is amended to read as follows: 1. adding thereto: STOPSTREET Easton Knolll Drive Thomas Springs Drive Windy Willow Lane Windy Willow Lane APPROACH South South East West MAINSTREET Eastway Drive Eastway Drive Easton Knoll Drive Thomas Springs Drive Adopted this the 15th day ofI December, 2015. John! D. Bridgeman, Mayor ATTEST: City Clerk EXHIBIT 5-2 sE E00 EXHIBIT5-3 FUTUREE EASTONKNOLL DRIVE EASTON DRIVE EXHIBIT 5-4 EESE! EEEED EXHIBIT 5-5 ORDINANCE AMENDING CHAPTER 6, APPENDIXA OF THE CODE OF ORDINANCES OF THE CITY OF GASTONIA (STREETI LISTS FOR1 TRAFFIC, ANDPARKINGI REGULATIONS) IT IS HEREBY ORDAINED that Appendix A to Chapter 6 oft the Code of Ordinances Appendix A (to Chapter 6), Section 6A-5, "Stop Intersections", be revised by oft the City of Gastonia is amendedi toi read as follows: 1. adding thereto: STOPSTREET Baston) Knoll Drive Thomas Springs Drive Windy Willow] Lane Windy Willow Lane APPROACH South South East West MAINSTREET Eastway Drive Eastway Drive Easton) Knolll Drive Thomas Springs Drive Adopted this the 15th day ofI December, 2015. John D. Bridgeman, Mayor ATTEST: City Clerk EXHIBIT 5-6