MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY -1 REPORIS/PRESENTATIONS  MEETING DATE: MARCH 9,2021  9A. Department of Social Services (DSS) Director Patrick Betancourt and Senior Services Administrative Officer Jennifer Hollifield will present a request for the board to recognize April 18-24, 2021 as "Macon County Volunteer Week." A copy ofthe resolution is included in the packet. 9B. Anne Hyder, the Chair of the Folk Heritage Association of Macon County, will present a request for the county's financial support of the Women's History Trail sculpture project entitled Sowing the Seeds of the Future. Please see the accompanying letter included in the packet, which asks that the board match the $15,000 contribution made by the Town of Franklin. The board members may recall the PowerPoint presentation on this 9C. Todd Gibbs, the Personnel Director for Macon County Schools, will provide the board with an update regarding the situation with the thermal  project from the November 2020 regular meeting.  well system at Iotla Valley Elementary School.    Wlacon Counly  CDN COLA 5  ay  Resolution in Recognition of  Macon County Crawford Senior Center Volunteers  WHEREAS, Macon County is a community rich in volunteers that dedicate their valuable time and resources to the. John L. and Dorothy R. Crawford Senior Center, making significant and positive outcomes, great and small; and WHEREAS, volunteers have donated 4, 386 hours at the Crawford Senior Center WHEREAS, the spirit of volunteerism provides even more evidence, that Macon WHEREAS, volunteering one's time has been a significant part of our County heritage; and it is critical that we continue such a tradition to preserve and improve the quality of life for our citizens of our community; and  during calendar year 2020; and  County'sgreatest resource is its people; and  WHEREAS, experience teaches us that government alone cannot meet all the WHEREAS, we continue to rely on the efforts of volunteers to enrich our  needs of our county; and  community.  NOW, THEREFORE, be it resolved that the Macon County Board of County Commissioners do, hereby thank and honor the volunteers at the Crawford Senior Center by proclaiming April 18-24, 2021 as Macon County Volunteer Week.  MACON COUNTY COURTHOUSE ANNEX PHONE 828-349-2000  5WESTI MAIN: STREET  FRANKLIN, NORTH FAX: CAROLINA: 828-349-2400 28734    Adopted this gth day of March, 2021  BOARD OF COMMISSIONERS FOR MACON COUNTY, NORTH CAROLINA  Chairman  Attest    FOLK HERITAGE ASSOCIATION  OF MACON COUNTY  P.O. Box 1416 o Franklin, North Carolina 28744  (828)524-6564  FHAMC: waphpetapeascatlvnon  Franklin Folk Festival: wafensindkeslalcom  CON COur 2020 OFFICERS CHAIRMAN Anne Hyder VICE CHAIRMAN Marty Greeble SECRETARY Becky Barr TREASURER Theresal Ramsey MEMBERS ATI LARGE Susan McCaskill Mark West DIRECTOR EMERITUS Betty Ann Bryant BOARD OF DIRECTORS Cheryl! Beck Tina Bottomley Gregg Charles Clark Bryant Jenny Collins Matt Corbin Claudette Dillard Farrell Jamison Kirk! Mathis Barbaral McRae SherryN Miller Mary Polanski Ron Schott Claire Suminski George Taylor Cowee School Arts & Heritage Center Bobl McCollum Macon Col Historical Museum Rep Mac Bryant Scottish Tartans Museum Jim Akins FHAMCi is a 501(c)3 Non-Profit Organization  November 10, 2020  Macon County NC Board of Commissioners  Court House Annex 5West Main Street Franklin, NC 28734 Dear Commissioners,  The Folk Heritage Association of Macon County (FHAMC) requests the financial support of Macon County for the Women'shHistoryi Trail sculpture project, Sowing the Seeds ofthe Future. The: sculpture, which is being created by artist Wesley' Wofford, depicts three women The Town of Franklin has contributed $15,000 toward the project. FHAMC respectfully  whole lives intertwined in the early) years of Macon County. requests that Macon County match that donation.  Sincerely, Mary Polanski Barbara McRae  The Leadership Team of the Women's History Trail and FHAMC Board Members:  Marty Greeble, FHAMC Vice-Chair Anne Hyder, FHAMC Chair Theresa Ramsey, FHAMCTreasurer    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - NEW BUSINESS  MEETING DATE: March 9, 2021  11A. Stacy Guffey, the director of the Cowee School Arts and Heritage Center, or possibly Bob McCollum, will make a request regarding matching funds to help resurface the basketball court at the center. Mr. Guffey has said that either he or Mr. McCollum will provide a summary of the center's recreation needs and the match proposal and to be on hand for any questions. 11B. Sean Gibson, the Vice President and General Manger for 104.1 WNCC, is seeking an amendment to the sublease agreement with Sutton Broadcasting Corporation regarding use of space on the communications tower at the Cowee Bald Communications site and the use oft the associated transmitter building. Copies of the resolution and agreement the board approved in July of 2015, as well as the proposed amendment to the agreement, are included in this packet. Mr. Gibson or a representative of Sutton Broadcasting can provide additional details at the meeting. 11C. Jack Morgan, the Director of Planning, Permitting and Development, will be at the meeting to (1) present information on a plan to install a well and an upgrade to the water feature at Wesley's Park along the Little Tennessee River Greenway and (2) present a recommendation regarding the award of a construction bid concerning the greenway connector project, and those bids are scheduled to be opened. at 4 p.m. on Monday, March 8. 11D. There are two items from Solid Waste Director Chris Stahl, and both involve resolutions exempting engineering and geotechnical services with a cost of less than $50,000 from the Request For Proposal (RFP) process. Mr. Stahl has provided details on each one, as follows, beginning with the Attached, you will find a proposal from McGill Associates to perform various engineering tasks relating to the relocation of a new Convenience Center for the  Carson Center Project:    Cartoogechaye/Carson Communities. This property was donated to the County by Mr. & Mrs. Phil Drake for this purpose on December 31, 2020. As the property was donated; the County did not perform the normal due diligence investigation related to construction and use of a Convenience Center at this site. As such, and at my request; McGill Associates has provided the attached proposed scope of work and cost estimate to  perform this process on behalfofthe County.  As referenced in the proposal, this due diligence investigation is to include: NCDOT-i ingress and egress from the existing driveway. Investigation ini to reuse ofe existing well and septic system at the Center. Investigate any historical preservation concerns. Assist with design issues related to above.  Iam requesting that the Board of Commissioners approve this exemption and authorize the County Manager to execute the proposal from McGill Associates sO that we can confirm desired usage and begin the construction process for a new Convenience Secondly, there is a proposal concerning the replacement and expansion of Attached, you will find a proposal from Bunnell Lammons to perform a geotechnical investigation relating to the replacement and expansion of the Recycling Processing Center (RPC). As you will remember, several support beams in this structure have been damaged, and the Board has previously authorized the funds to construct a replacement building that would give full-span clearance of the working area; eliminating the existing You may or may not also be aware that this building was constructed over an agricultural lagoon, which was filled with castings from a local mica plant. As the new structure will require new footings to carry the increased weight of the building, I feel that it is in the best interest of the Department to confirm the sub-soil conditions prior to design and construction ofa new structure. Most notably, without this investigation, the costs of this project could be increased 50-100% or more to construct a suitable foundation under the building. Iwould also add that we are experiencing undercutting in the northeast corner of the current structure, and failure oft the working floori in that same area, Iam requesting that the Board of Commissioners approve this exemption and authorize the County Manager to execute the proposal from Bunnell Lammons SO that we 11E. Finance Director Lori Carpenter has requested that the board consider a lease agreement between the county and the Macon County Board of Education regarding Macon Middle School, as the county is required to hold fee simple title to the property as part of the financing for the planned  Center.  the Recycling Processing Center (RPC), as follows:  supports.  may begin this project.    improvements to the school. A copy ofthe lease, which was approved by the school board on February 22nd, is included in the packet, and Lori Carpenter 11F. County Manager Derek Roland will present information on a grant agreement with Balsam West to expand broadband services in the county, and a copy of that document will be provided either via a separate email or 11G. Mr. Roland will also provide information on the two draft lease agreements with Southwestern Community College (SCC), one for the former National Guard Armory facility and the other for an adjoining tract ofl land upon which the new "burn building" will be constructed. Copies of both lease agreements will be included in the packet. A PDF ofthe survey of the properties will be attached to the email packet as a separate item. 11H. Mr. Roland will also provide information on the proposed Macon Transit Facility Expansion project. Included in the packet is a proposal from Ritter Architecture for services related to the project. Additionally, two drawings provided by Mr. Ritter will be attached to the email packet as 11I. Andy Russell, the District Engineer for the North Carolina Department ofTransportation (NCDOT), has submitted a request for the abandonment of aj portion of the old Dowdle Mountain Road (SR 1659) from the NCDOT Secondary Road System. Mr. Russell has submitted a packet ofinformation that includes a cover letter outlining the request, a resolution for the board's consideration, and some site maps of the area in question, and it will be included in the packet and attached to the email packet as a separate item, sO 11J. Per Chairman Tate, he would like to have discussion regarding a possible change in the board's agenda format that would call for closed sessions to be held at a different time. The board's current rules of procedure call for closed sessions to be held at the end of regular meetings after all  can provide additional details at the meeting.  at the meeting on Tuesday.  separate items.  as to make the maps more readable.  other business has been conducted.    STATE OF NORTH CAROLINA COUNTY OFI MACON  RESOLUTION OF THE MACON COUNTY BOARD OF COUNTY COMMISSIONERS DECLARING PROPERTY TO BE SURPLUS AND APPROVING SUBLEASE OF THE SAME: BY MACON COUNTYTOSUITON BROADCASTING CORPORATION.  THAT WHEREAS, Macon County leases certain real property being described in the Sublease Agreement to Sutton Broadcasting Corporation, a South Carolina Business Corporation,  acopy of which is attached hereto; and  WHEREAS, Macon County does not! presentlyl have al use: for the same and will not need the WHEREAS,Macont County desirest to declare the samet to be surplus fora and during thet term ofthesubleaseand: authorize the entryofthe Sublease to Sutton. Broadcasting Corporation, ,aSouth  same for and during the term oft the attached sublease; and  Carolina Business Corporation, a copy ofwhich is attached hereto; and  WHEREAS, pursuant to N.C. Gen. Stat. $ 160A-272, Macon County is authorized to enter into the Sublease to Sutton Broadcasting Corporation, a South Carolina Business Corporation, a copy of which is attached hereto, upon the passing ofa Resolution authorizing the same and duly  advertising notice ofi its intent to enter the same at this Regular Meeting. NOW THEREFORE, upon Motion of Commissioner  Bede. and duly approved, bei it  seconded by Commissioner  Tate.  hereby resolved by the Macon County Board of County Commissioners as follows:  RESOLVED, that Macon County does hereby declare the real property described in the Sublease to Sutton Broadcasting Corporation, a South Carolina Business Corporation, a copy of which is attached hereto and incorporated! herein byreference, to bes surplus property and it willi not  be needed by Macon County during the term oft the Sublease; and  RESOLVED, that Macon Comydoshelyauturiet thee entry into the SubleasetoSutton Broadcasting Corporation, a South Carolina Business Corporation, a copy of which is attached  hereto and incorporated herein by reference; and  RESOLVED, that) Derek Roland, MaconCounty! Mamage,iherlyatharirad ando directed to fill in any blanks upon the same and execute. said Sublease to Sutton Broadcasting Corporation,  a South Carolina Business Corporation, on behalfofMacon County; and  1    RESOLVED, that Macon County gave due notice ofi its Intent enteri into such Sublease as Adopted at the July 14, 2015, Regular Meeting of the Macon County Board of  required by N.C. Gen. Stat. $ 160-272.  Commissioners.  County Board of  County Commissioners  Ee  ATTEST:  Derek Roland, Macon County Manager AT and Clerk to thel Board ON COVI  CARS  2    STATE OF NORTHCAROLINA COUNTY OF MACON  USE OF SPACE ON COMMUNICATIONS TOWER AND USE OF ASSOCIATED  TRANSMITTER BUILDING SUBLEASE AGREEMENT  This Use of Space on Communications Tower and Use of Associated Transmitter Building Sublease Agreement is made and entered into this the 30day of July, 2015, by and between Macon County, North Carolina, al North Carolina County and Body Politic Chereinafterreterredto ast the "Sublessor"), and Sutton Radiocasting Corporation, a South Carolina Business Corporation  (hereinafterreferred to as the "Sublessee").  THAT WHEREAS, Sublessee presently holds the Federal Communication Commission (FCC) licenses for Class. Al FM Station WNCC-FM (FCC Facility Indentification Number 14551) assigned to the community of Franklin, North Carolina, FM' Translator Station W289CC-(FCC Fatilityldentification! Number 155806) assigned to the communityofFrmanklin, North Carolina, and FM Translator Station#W267AD (FCC Facility Indentification Number 30442) assigned to the community of Cherokee, North Carolina, (hereinafter referred to as the "Stations"); and WHEREAS, Sublessor presently has a Lease with the United States of America, acting through the Forest Service, Departmento ofA Agriculture, fort the Cowee BaldCommunications site as shown therein, a copy ofs said Lease is attached hereto and incorporated herein by reference as if  more fully set forth herein; and  WHEREAS, Sublessee desirestoo obtain from Sublessor, ause ofspace on communications tower and use ofassociated transmitter building sublease agreement from the Sublessor which will permit the location of the antenna and the use ofthe associated transmitter building for the Stations at Cowee Bald Communications site as referenced in the Lease above referenced; and  WHEREAS, Sublessor is willing to entert this Use of Space on Communications Towerand Use of Associated Transmitter Building Sublease Agreement with Sublessee, subject to1 the terms  and conditions set forth hereinbelow.  NOW THEREFORE, in consideration of the mutual covenants, terms and conditions 1. SUBEASRIOIDNTRISTSNaatsesaew, andt thes Sublesseesubleases  contained herein, the parties hereto do agree as follows:  from Sublessor the following:  A. Those sections oft the' Tower (which Tower is coloredi in yellow on the Coweel Bald Communication Sitel Plan attached tot thel Lease APmsismsiaveaNaN  1    are not being used by either Macon County or Jackson County and which are necessary for operation by Sublessee's Stations and such related equipment as is required for the efficient and effective operation of the Stations, and which are specifically approved of by Sublessor and, to the extent necessary, which are specifitallyapproved. ofin writing! byt thel United State ofAmerica, actingt throughthe Forest Service, Department of Agriculture. Such rights ofuse by Sublessee shall be non-exclusive and shalli ini no wayinterfere with thel broadcast signals or other rights B. Ihenon-exclusiverightofwayspace on: Tmwdeiw, space to and from the Transmitter Building (which Building is numbered "1" and is colored in orange on the Cowee Bald Communication Site Plan attached to the Lease_Agreements mbsthnoeresmsine andj passagel byo cables, wires and transmission lines and anyt transmission equipment required: for the operation of the Stations. Such rights of use by Sublessee shall be non-exclusive and shall ini no wayi interfere with thel broadcast signal or rights ofexisting users ofthe Cowee. Bald C. The non-exclusive access to said Tower and said Transmitter Building for the purpose ofoperating broadcast equipment owned or operated by Sublessee located there. Such rights of use by Sublessee shall be non-exclusive and shall in no way interferewith the broadcast sgnlroheriglscfeising usersofthe Coweel Bald  ofexisting users oft the Cowee Bald Communications Site;  Communications Site;  Communications Site;  D. Sublessor and Sublease recognize and agree that the Cowee Bald Communication Site is primarily an emergency communication site and as such, Sublessor parifalyrsenesterièhtniaistaatsespasonCommumisations Tower and Use of Associated Transmitter Building Sublease Agreement, without liability, should it hereafter determine within its discretion the need to do sO in order to maintain and use the Cowee Bald Communication Site as an emergency communicationssite. Sublessee: acknowledges that Sibswrisomsrnatingamols. communications tower adjacent to the one subject to this Sublease, and it further acknowledges and agrees that none ofits uses hereunder shall in any way interfere witha myofsubeoriwsofauana new adjacent tower. Sablessorrservestheright loimmeiaelyteminate this Sublease without lyisawhrune inany way interferes with Sublessor's use of the new tower adjacent to this one. Furthermore, Sublessor reserves the right to cancel this Use of Space on Communications Tower and Use of Associated Transmitter Building Sublease Agreement without liability should it determine within its discrction that the use made or to be made by Sublessee interferes or will interfere with the rights of  existing users oft the Cowee Bald Communications Site;  2    E. IfSublessee does cause inference with the broadcast signal of existing users ofthe Cowee Bald Communications Site, then Sublessor shall have the right to mmediately terminate this Use of Space on Communications Tower and Use of  Associated Transmitter Building Sublease Agreement;  F. Sublessee shall operate its Station in full compliance with all FCC Rules and G. Itis agreed and understood that Sublessee shall, at its sole cost, undertake at tower study/engineering study priort tot thei installation ofany ofitse equipment hereunder to determinei ifthes same willi interfere with thel broadcast signal ofe existing users ofthe Cowee Bald Communications Site, The same must show that all planned use by Sublessee hereunder will not interfere with the broadcast signal ofe existing users of the Cowee Bald Communications Site. A copy oft the same shall be delivered unto Sublessor upon completion. All use by Sublessee hereunder must be in full camplansewircCRulsmal Regulations, all other State and] Federal Regulations, and approved by the United States Forestry Service ifs such approval is necessary; 2. TERMOF SUBLEASE. Upon allt thet terms and conditions ofthis Sublease, Sublessee shall haveandholdt ther moneelisiverighspovidad for herein: for thej period extending from the September 1,2015, to and including midnight, on December 31, 2021, unless this Sublease issoonerterminated. as specifieallyhereinafter. provided. Priort tot the end ofthe Termo ofthis Sublease, Sublessee shall cause all of its fixtures and property to be removed from the subleased premises at its sole expense and shall cause any and all repairs that are necessary toretoret the subleased premises tot the conditions which existed imediately preceding the RENT. Sublessee shall pay the Sublessor rent in the amount of one thousand dollars ($1,000.00) upon entry ofthis Sublease and the sum of$500.00 per inonth on the first date ofeach month beginning October 1, 2015, and thereafter during the term ofthis lease. The partiesh hereto do understand. anda agreet thatt the United States Forest Servicereservestheright to change what it charges unto Macon County in connection with its Lease with the United States of America as above-referenced. As a consequence, thej parties hereto agree that the monthly rento of$500.00p permonth provided for herein mayb be ands shall be adjusted upward during thet term hereofint thee event that the United States! Forest Service or other agent ofthe United States ofA America assessesaf feet to Macon County fort the usel by Sublessee hereunder which exceeds the sum of $6,000.00 per year. In this event, the monthly rental tol bej paid by Sublessee hereunder shall bei increased by 1/12 ofthe amount that the annual sum assessed tol Macon County fort the use ofthe Sublessce hcreunder which exceeds $6,000.00 per year. ASSIGNMENT. The Sublessee shall have no right to assign this Sublease and its rights under the Sublease to any affiliate or subsidiary of the Sublessee or subsequent owner of  Regulations;  beginning of this sublease, reasonable wear and tear excepted;  3.  4.  3    Sublessee's Stations, without the consent of Sublessor and the United States of America, REPAIRS AND: MAINTENANCE. Sublessee shall be responsible for all maintenance and repair ofthe Tower and the Tower supporting structures and the Transmitter Building tol be PAYMENT OF TAXES, Sublessee shall be responsible for the payment of any personal property taxes imposed against the fixtures or equipment on the subleased premises which 7. UTILITIES. Sublessor shall pay when due all electric and otherutility charges made against  acting through the Forest Service, Department of Agriculture;  5.  used hereunder by the Sublessee;  6.  are owned by Sublessee;  the subleased premises during the term oft this sublease;  8.  INSURANCE. Sublessor shall maintain adequate insurance coverage against fire, storm or other casualty loss or damage to Sublessor's property, as well as liability insurance against personal injury or property damage. Such insurance shall specifically provide for coverage for the repair and replacement of all structures, machinery and equipment owned by Sublessee shall maintain adequate insurance coverage against fire, storm or other casualty lossordamager to Sublessee's property, as well as generalialiliyinsuranc. against personal injuryofnot! lesst thanOnel Million Dollars dioocow,tlaeedfad insuranceshal! bej provided to Sublessor uponrequestofSublessor.Failureion maintain saidg general liability policy by Sublessee shall result in the immediate termination ofthis] Lease; 9. DAAGETPORDSTRUCTONOFTHETOWEIMNTaN: subjecttot this Sublease or any part thereof, or any equipment thereon shall be wholly or materially damaged or destroyed, at the sole option ofthe Sublessor, Saypiysesidw. replace the same, at the expense of Sublessor, to the condition which existed immediately prior to However, int the event the damage to the Tower subject to this Sublease or any part thereof, oranye equipment thereon, cannot ber repairedy withins sixty(60)d days (asreasomablyestimated by Sublessor as soon as practicable after the occurrence ofs such damage) Sublessor may 10. MNENTDOMAIN.ITNC Tower subject to this Sublease and/or the' Transmitter) Building Parcel subleased hereunder shall be appropriated or taken under the power of eminent domain by any public or quasi-public authority, this Sublease shall be terminated as ofthe date of such taking and Sublessee shall thereupon be released from any further liability hereunder. The date of such taking shall be the date on which legal title shall vest in the  Sublessor located on or adjacent to, the' Tower.  the occurrence ofs such casualty.  terminate this Lease as of the date of such damage;  condemning authority;  4    11. ACCESS TO LEASED PREMISES. It is mutually understood and agreed between the partiesthat.Macon Couny,/atksenCounyamdi Sublessee may maintainb broadcast apparatus on the Tower subject to this Sublease. Sublessor, Sublessee and all others having the right to use such Tower shall havet the right toi non-exclusive access tos such Tower: fort the purpose ofoperating, maintaining, inspecting and repairing such broadcast apparatus;  12. USE OF TOWER. Sublessee shall not take any action which will cause or permit electrical interference tot the broadcast signal of any existing electronic communications apparatus on the Tower subject to this Sublease or otherwise interfere with the broadcast signal or rights of any oft the existing users oft the Cowee Bald Communications Site. Sublessee shall be liable to Sublessor and shall indemnify Sublessor for any loss or damage to Sublessor's equipment, or for destructive electrical interference to the communications signals of Sublessor, consequential or otherwise, occasioned by, growing out of, or arising from any act or failure to act by Sublessee, its agents or employees, including such acts or failuresto actwhich Sublessee shall suffer to6 exist or continue to exist on1 the realpropertyofSublessor Any breach by Sublessee of Sublessor's right of use of the Tower as defined herein, shall confer upont the Sublessorther rightt toi immediatelylterminate this Sublease without liability. Such rights shall be in addition to, and exclusive of such other rights contained in this  ors such Tower.  Sublease or such rights at law or equity which Sublessor may possess.  13. NDMNIFICATIONOFPARTIES-Sablesor: shalll havenol lalilyforamylbssordamage due toj personal injury, property damage, libel or slander, or electrical interference, caused by Sublessee its agents, or employees, and Sublessee will indemnify and save Sublessor harmless from any loss, damage or liability, consequential or otherwise occasioned by, growing out of, or arising, or resulting in connection with, Sublessee or any act or: failure to act by Sublessee, its agents, or employees. Sublessee shalll have noi liability for any loss or damage due toj personal injury, property damage, libel or slander, or electrical interference  caused by Sublessor;  14. AUTHORIZATION. Sublessor and Ssulaserspauthvelyrrser. tandy warranttothe other that all necessary approvals and/or corporate action has been duly taken to authorize the execution and deliveryofthis Sublease and the performance or obxeranceoflepowisions oft this Sublease. Additionally, Sublessor represents and warrants to the Sublessee that the necessary consent and/or approval of this Sublease have been obtained from the United States ofA America, acting through the Forest Service, Department of Agriculture, owner of the real property in which: sucht tower and transmitter building parcel are situate. Absencec of thel landowner'sconsent. and/orapproval: at anytime during thel Terms shall grant the Sublessor and the Sublessee the right toi immediately terminate the Lease without further liability;  5    15. NO WAIVER. Failure or delay on thej part ofeither Sublessor or Sublessee to exercise any right, power, or privilege hereunder shall not operate as a waiver thereof; 16. NOTICE. Any and all notices, demands or other communications required byt this Lease or by law, or desired to be given hereunder, bya anyp party shallt be in writing and shall be validly given or madet to another partyifservedeither; personalyorifdeposied in the United States mail, certified, postage prepaid, return receipt requested. Ifs such notice, demand or other communication be given by mail, such shall be conclusively deemed given as oft the. date shown on the return receipt ift the same is deposited in the Unitéd States mail addressed to the partyt to whom. such notice, demand or other communication is tol be given as hereinafter  set forth: IftoSublessor: Macon County Attention: Counly. Manager 5V West Main Street. Franklin, North Carolina 28734 IftoSublessee: Georgia-Carolina Radiocasting Companies Attention: Douglas M. Sutton, Jr. Post Office Drawer. E Toccoa, Georgia. 30577  Any partyheretoi may change its address for the purpose ofreceiving notice, demands and other communications as herein provided by a written: notice given in the manner aforesaid 17. AGENTS ANDP PARTIES. From time tot time Sublessor or Saliselymoiceasforasaid 18. ATTACHMENTS, SCHEDULES AND EXHIBITS. All Exhibits, Appendices and Schedules attached to this Lease shall be deemed partofthisL Lease andi incorporated) herein,. 19. THAT THE LEASE BETWEEN THE UNITED STATES OF AMERICA, ACTING THROUGH THE FOREST SERVICE, DEPARTMENT OF AGRICULTURE, AND MACON COUNTY, AND THE TERMS AND CONDITIONS THEREOF, ACOPY OF SAID LEASE BEING ATTACHED HERETO ARE INCORPORATED HEREIN BY REFERENCE AS IF MORE FULLY SET FORTH. HEREIN, TOTHE: EXTENTTHAT ANYOFTHEFORICONCTEBSANPCORDTIONSOPIHSUSEOFSPACE ONCOMMUNICATICATIONSTOWER AND USE OF ASSOCIATEDTRANSMITTER BUILDING SUBLEASE AGREEMENT CONFLICT WITH OR ARE INCONSISTENT WITH SAID LEASE AGREEMENT, THEN THE TERMS OF  to the other party or parties hereto;  maya appoint one or more agents to act for them;  where applicable, as if fully set forth herein.  6    SAID LEASE AGREEMENT SHALL PREVAIL, IT BEING THE SPECIFIC INTENT OFBOTHPARTESHERETOROTTOSUMIEASEINCONSISTENILY  WITH SADD LEASE.  20. ADDITIONAL RESPONSIBLLITIES OF THE SUBLESSEE.  A. All development, operation and maintenance by Sublessee ofthe authorized facility, improvements, and equipment located on the property shall be in accordance with stipulations in the communications site plan approved by the Authorized Officer of the United States Forest Service. If required by Authorized Officer of the United States Forest Service, all plans for development, layout, construction, or alteration ofimprovements: on the property, as wella asi revisionso ofsuch plans, must be prepared by a licensed engineer, architect, and/or landscape architect. Such plans must be approved in writing by the Authorized Officer of the United States Forest Service beforecommencement: ofanywork.. After completion, ,as-builtplans, maps, surveys, orothers similar information willl bep provided tot the Authorized Officer oftheUnited States Forest Service and appended to the communications site plan; B. The Sublessee will comply with applicable Federal, State, county, and municipal laws, regulations and standards for public health and safety, environmental protection, siting, construction, operation, and maintenance in exercising the rights granted by this Sublease. The obligations oft the Sublessee under this lease are: not contingent upon any duty of the Authorized Officer of the United States Forest Service, or other agent ofthe United States, to inspect the premises. A: failure byt the United States, or other governmental officials, to inspect is not a defense to noncompliance with any ofthe terms or conditions of this lease. Sublessee waives all defenses oflaches or estoppel against the United States. The Sublessee shall at all times keep thet title ofthe United States tot thep property free and clearofall liens and C. Use of communications equipment is contingent upon the possession of a valid Federal Communication Commission (FCC) or Director of Telecommunications Mimgemesulmtedpatmemat Radio Advisory Committee (DTM/IRAC) authorization, and the operation of the equipment is in strict compliance with applicable requirements of FCC or IRAC. A copy of each applicable license or authorization shall at all times be maintained by the Sublessee for each transmitter being operated. The Sublessee shall provide the Authorized Officer of the United States Forest Service, and the Sublessor, when requested, with current copies ofall  encumbrances;  licenses for equipment in or on facilities covered bythis leasc;  D. The Sublessee shall ensure that equipment within its facility operates in ai manner which will: not cause harmful interference with the operation ofexisting equipment on or adjacent to the communications site. If the Authorized Officer oft the United  7    States Forest Service or authorized official of the Federal Communication Commission (FCC) determines that the Sublessee's use interferes with existing equipment, the Sublessee will promptly take the necessary steps to eliminate or reduce the harmful interference to the satisfaction of the Authorized Officer ofthe F. When requested by the Authorized Officer oft the United States Forest Service, the Sublessee will furnish technical inforination conceming the equipment located on  United States Forest Service or FCC official;  the property;  21. OTHER PROVISIONS.  ThepovisionsofPamgaph "V. OTHERPROVISIONS'ascontanedintieLeasebehveen Macon County and the United States of America, acting through the Forest Service, Department of Agriculture, a copy ofv which is attached hereto and incorporated herein by reference, shall applytothe Sublesee namedherein and Sublessee: shallata all times bel bound  by, subject to and comply with the same.  22. LIABILITIES.  A. The Sublessee assumesallriskoflosst toi the authorized improvements by Sublessee; B. The Sublessee shall comply with all applicable Federal, State, and local laws, regulations, and: standards, including but not limited to, thel Federal Water Pollution Control. Act, 33 U.S.C. 1251 ets seq., the Resource Conservation and Recovery. Act, 42 U.S.C. 6901 et seq., the Comprehensive Environmental Response, Control, and Liability Act, 42U.S.C. 9601 et seq. and other relevant environmental laws, as well as public health and safety laws and other laws relating to the siting, construction, operation and maintenance of any facility, improvement, or equipment on the C. The Sublessee shall indemnify, defend, and hold the United States harmless for any violations incurred underany such laws andregulations or forj judgments, claims, or demands assessed against the United States in connection with the Sublessee's use or occupancy ofthe property. The Sublessee'si indemnification ofthe United States shall include any loss of personal injury, loss of life or damage to property in connection with the occupancy or use of the property during the term of this Sublease. Indemnification shall include, but is not limited to, the value ofresources damaged or destroyed; the costs of restoration, cleanup, or other mitigation; fire suppression or other types ofabatement costs; third party claims and judgments;and all administrative, interest, and other legal costs. This paragraph shall survive the  property made by Sublessee ori its agents hereunder;  termination or revocation of this lease, regardless of cause;  8    D. The United States Forest Service has no duty, either before or during this Sublease term, to inspect the property or to warn ofh hazards and, if the United States Forest Service inspects the property, it shall incur no additional duty nor any liability for hazards not identified or discovered through such inspections. This paragraph shall survive the termination or revocation of this lease, regardless of cause; E. The Sublessee! has an affirmative dutyt toj protect from damage the land, property, and F. Ini the event ofany! breach oft the: sublease by the Sublessee, the Authorized Officer oftheUnited States Forest Service may, on reasonablenotice: curet the breach for the account at the expense of the Sublessee. If the United States Forest Service at any time pays any sum ofmoney or does any act which will require payment ofmoney, or incurs any expense, including reasonable attorney's fees, in instituting, prosecuting, and/or defending any action or proceeding to enforce the United States rights hereunder, the sum or sums SO paid by the United States, with all interests, costs and damages shall, at the election of the Forest Service, be deemed to be additional rental hereunder: and shall be due from the Sublessee to the United States Forest Service on the first day oft the month following such election;  interests oft the United States;  23. COUNTERPARIS. This Sublease may be signed by any number of counterparts with the same effect as ift the signature ofe each such counterpart were upon the same instrument. 24. HEADINGS. The headings of the paragraphs of this Sublease are inserted as a matter of convenience and for reference purposes only and in no way define, limit or describe the 25. ENTIRE. AGREEMENT. This Sublease is the only Agreement between the parties hereto and contains all oft the terms and conditions agreed upon with respect to the subject matter 26. MODIFICATION OR AMENDMENT. No amendment, change or modification of this Sublease shalll be effective unless in writing stating thati it amends this document and signed  scope oft this Sublease or the intent ofany paragraph hereof.  hereof.  by each ofthe parties hereto. laws oft the State ofNorth Carolina.  27. GOVERNING LAW. This Sublease shall be construed in accordance with the  IN WITNESS WHEREOF, the parties have executed this Sublease as oft the day and year  first above written.  9    SUBLESSOR: Macon County "ALIE  SUBLESSEE: Sutton Radiocasting Corporation By: KXRR m  Douglas MSurbn. Presrdnt/CED  10    AMENDMENT  USE OF SPACE ON COMMUNICATIONS TOWER. AND USE OF ASSQCIATED This Amendment to the Use of Space on Communications Towera and Use of Associated Transmitter Building Sublease. Agreement is made and entered into this 52day ofFebruary 2021.by and umong Macon County. al North Carolina County and Body Politic (hereafter referred to as the "Sublessor"). Sutton Radiocasting Corporation, a South Carolina Business Corporation (hereafter referred to as "Sublessee ")and Blue Ridge Broadcasting. a North Carolina Non-Profit Corporation (hereafter referred to as "Sublessee 2"). THAT WHEREAS. Sublessor presently has al Lease with the United States of America. acting through the Forest Service, Department of Agriculture. for the Cowee Bald Communications Site.. A eopy ofthis lease is incorporated into this Agreement as Schedule C. WHEREAS. Sublessee 1 presently holds the Federal Communications (FCC) licenses for Class A FM station WNCC 104.1 MHz( (FCC Facility Identification Number "FIN" 14551), FM translator station W285FD 104.91 MHz (FCC FIN 155806), and through a wholly owned subsidiary. Tugart Properties, LIC. FM translator station W267AD(FM)101.3 MHz (FCC FIN OnJ July 14.2015. Sublessee 1 entered into an agrcement with Sublessor (hereafter referred to as the "Master Sublease") which permitted the location of four antennge and associated coax cable on the Sublessor tower shown in labeled photographs incorporated into this agreement as Schedule A (1)and Schedule A (2); and space for un equipment rack which contains Sublessee 1 equipment inside Sublessor transmitter building shownin a labeled photograph incorporated into this agreement as Schedule B.. A copy oft the Master Lease is incorporated into this agreement as WHEREAS. Sublessec 1 and Sublessee 21 have entered intoa Restated Asset Purchase Agreement dated February2-72021. whereby Sublessee I will: sell and assign to Sublessec 2. and Sublessee. 2 will purchase and assume from Sublessee 1. FM translator station W267AD (FM)101.3 MHz (FCC FIN 30442). The FCC has authorized this sale. A copy of'the FCC NOW THEREFORE. in consideration of the mutual covenants. terms and conditions 1. Sublessee 2 will become a parly to the Master Sublease with all rights. privileges. terms. 2. Upon closing of the sale, Sublessee 2 will become the owner of equipment on the towera and 3. Sublessee 1 will continue to pay Sublessor $500 per month for its use oft the tower and transmitter building. Sublessee 2 will pay $250 per month for its use ofthe tower and 4. Thisa amendment will become effective upon the closing oft the sale authorized by the FCC and by, joint written notification to the Maçon County Manager by Sublessee I and 2.  TRANSMITTER BUILDING SUBLEASE AGREEMENT  30442).  Schedule D.  authorization isi incorporated into this Agrecment as Schedulc E. containcd herein, the parties hcreto agree to as follow: conditions and obligations in and to the! Sublessor. in the transmitter building as listed on Schedule. A (3).  transmitter building.    5. The parties' respcctive mailing addresses for purposes of noticearising out of thisAgreement  is: Sublessor: Macon C'ounty Attn: County Manager 5West Main Street Franklin. NC 38734 Sublessee E  Sutton Radiocasting Corporation Atn: Douglas M. Sutton.. Jr. Post Onice DrawerE Toccoa. GA 30577 Sublessee2: Bluc Ridye Broadcasting Att:. Jim Kirkland Post Oflice Box 159 Blach Mountain. NC 28711 ACCEPTEDANDAGHIEDA  withac copy to:  Billy Grahan Evangelistic Assuciation Attn:, Justin T.AmoGeneral Counsel iBitiy Graham Parkway Charlote.NC 28201  SUBLESSOR: Macon County. NorthCarolina  By: Its: Date:  SUBLESSEE 1: Sutton Radiocasting Corporation Demb  By: Douglas Date:_ 2/5/2021  President  SUBLESSEE 2: Blue Ridge Broadcasting By: SpBui David Bruce, Preident A301L  Date:    RESOLUTIONEXEMPTING ENGINEERING SERVICES FOR MACON COUNTY SOLID WASTE CARSON CENTER PROJECT IN MACON COUNTY, NORTH CAROLINA, FROM THE PROVISIONS OF ARTICLE 3D OF CHAPTER 143 OF THE  NORTH CAROLINA GENERAL STATUTES  WHEREAS, Article 3D of Chapter 143 of the North Carolina General Statutes  establishes a general public policy regarding procurement of engineering: services; and WHEREAS, North Carolina General Statutes Section 143-64.32 provides:  "Units of local government or the North Carolina Department of Transportation may in writing exempt particular projects from the provisions of this Article in the case of proposed projects where an estimated professional fee is in an amount less than fifty thousand  dollars ($50,000)"; and  WHEREAS, Macon County is now ini need of engineering services for the proposed Carson WHEREAS, the estimated professional engineering fees for the required work for the proposed relocation of the Carson Convenience Center in Maçon County, North Carolina is in  Convenience Center Project in Macon County, North Carolina; and  an amount less than fifty thousand ($50,000) dollars.  NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF MACON that the proposed engineering services for the proposed relocation of the Solid Waste Carson Convenience Center in Macon County, North Carolina, is hereby exempted in writing from the provisions of Article 3D of Chapter 143 of North Carolina General Statutes pursuant to the provisions of N.C. Gen. Stat.  $143-64.32.  Adopted this gth day of March, 2021.  James Tate, Chairman  Macon County Board of Commissioners  ATTEST: Clerk to the Board (COUNTY SEAL)    Shaping Communities logether  mcgill  February9, 2021 Mr. Chris Stahl, Director Solid Waste Department Macon County 109 Sierra Drive Franklin, North Carolina 28734 RE: General Services Proposal Macon County Solid Waste Macon County, North Carolina  Dear Mr. Stah!:  McGiII Associates is pleased to submit our proposal to provide technical engineering guidance to Macon County Solid Waste as requested during 2021. Below are examples ofpotential items that  we may assist with: SCOPE OF SERVICES the following tasks.  Technical engineering consulting quidance for Macon County can include. but is not limited to.  1. Meet with County staff on: an as needed basis to discuss ongoing solid waste operations in the County relative to Phase 1&2 closure, Solid Waste Rule updates, 2. Assist the County with addressing applicable compliance issues i.e. stormwater permit map updates, discussions with agency personnel, etc. 3. Provide engineering support and guidance for GPS coordinates for Phase 3 Cell 1 4. Provide assistance with existing convenience centers to address operational issues orprovide conceptual layouts and evaluate cost of potential improvements or new convenience centers. Specifically, for the proposed Carson Center, we will evaluate existing well and septic and determine possibility of reuse, evaluate ingress/egress issues via Driveway Permit with NCDOT,provide preliminary' wetlands evaluation,  etc.  waste fill and intermediate cover.  and determine the need for archaeological study.  PROPOSEDFEES  Based on the above proposed scope of services, we propose to perform the above services on an hourly basis. For budgeting purposes, we recommend an allowance of $10,000,000 be established for these services. Invoices willl be submitted monthly based on the actual time spent  and willl be calculated in accordance with the attached Basic Fee Schedule.  MLGILL ASSOCIATE  NC HUI 8825/ 05/5, VAGIAMOAISCEN    Chris Stahl, Director February 9, 2021 Page 2of2  ASSUMPTIONS  We have based our proposal on the following assumption:  1. This proposal is to cover general consultation, meetings, technical guidance, and assistance for Macon County with miscellaneous engineering tasks. We will develop a separate scope and proposed feet fora anyspecificp projects that arei identified as necessary  via consultation with County staff.  Thank you for the opportunity to continue to assist with engineering tasks for Macon County. If you have any questions concerning this proposal or any element of our work, please do not hesitate to contact me at (828)252-0575. Ifthe above is acceptable to you, please signa and return the attached Consulting Services Agreement to our office as your notice to process.  Sincerely,  MCGILL ASSOCIATES,P.A. Marh Cthy Mark Cathey, PE Asheville Office Manager  Attachments: Consulting Services Agreement CC: Scott Burwell, PE, McGill Associates, PA Ben Cathey, PE, McGill Associates, PA  Basic Fee Schedule  P.202121.00702-msconone-macon county sW general svos-aomincontracis21-0200-macon county general  services proposal.docx    CONSULTING SERVICES AGREEMENT  This contract enteredi intot this 29"h day of. January, 2021 by: and between Macon County Solid Waste, hereinafter calledt the Client, and McGIIA Associates.PA;  Witnesseth that  Whereas, the Client desirest to engage McGIA Associates to provide consultings services; and, Whereas, the Clientf finds thatt the attached Scope of Services and terms oft this agreement are acceptable; and. Whereas, McGill Associates desires to provide said services and: agrees to do sot fort the compensation: and upont thet terms and conditions as hereinafter setforth. Now, therefore, thep parties hereto dor mutually agree as follows:  1.Scope of Services: McGII Assoclates shall provide the services attached hereto In the Contract Proposal "Scope of Services" of this Agreement, hereinaner calledservices. Fees fora additional servioeswill ber negotatedwith 2. Standard of Care: McGII Assoclates will perform Its services using that degree of SkiII and dligence nomally employed by professional engineers or consullants perfoming the same services at the tme these services are 3. Authorization to Proceed: Execution of this Consulling Gervices Agreement willl be considered: aumhorization for MCGII Assoolates to proceed 4. Changes In Scope: The Cilent may request ohanges In the Scope of Servicesp providedinthis. Agreement suchohanges: affect MoGilIAssociates of or time required for performance of the services, an equltable adjustment willl ber made through: an amendmenttot this Agreement. 5. Compensation: The Clent shall pay the compensation to MOGII Associates set forth hn the Contraot Proposal "Basis of Compensalon" attached hereto, Unless otherwise provided hn the Basis for Compensation, shall submit Involoes to the Cllent monthly for work. acocmplished under this agreement and the Cilent agrees tor make payment Associates within thirty (30) days ofreoeiptoft the Involces. Itis aso mutually agreed that should the Cileni fall to make prompt payments as desoribed hereln, MOGI Asscolates reserves the rightt ton Immediately stop all agreement until deputed: amounts are resolved. 6.Personne!: MOGII Associates represents thatl Ithas, orwl secure: atthelr own expense, all personnel required to perfom the services under this agreement. and that suoh personne! WIlI be fully qualifed and adequately supervisedi top perfoms suchservicas. Itis mutually understoodt that shouldthe scope ofservices require outslde subcontracted expertise MoGill Associates 7. opinions or Estimates ofo Coat: Any costs estimates provided! by MOGII Associates shall be considered opinions ofprobable costs. These: alongy with projecie economict evaluations provided by MOGIIIA Assoclates willl be ona abasis ofe experlence: and] judgment, but, since MoGIII Assoclates has no control over market condiions or bldding prooedures, MOGII Asspoates cannot warrant that blds, ullimate construction cost, or projeot economlos will not vary from 8.Termination: This Agreemenimayt bet teminatedi for corwenlence by ether the Cliento or MoGI Assoclates withf fifteen (15) days writen notice orife ether party falls substantialy to perform through no fault oft the other ando does not commence correction ofs such non-pertormance withinf five (5) days ofwritien notice anddiligently completet thec correctiont thereaner. Ont temination, McGII Associates willl be paldf for all authorized work performedu upt tot thet temination 9. Limltation of Llabilty: MoGII Assoclates llablity for Cllents damages wil, Ina aggregate, note exceedi thet total fees pald by the Clentfort the Scope of Services referenoed hereln or $50,000 whichever Is greater. This provision takes precedence over any conficting provision of thls Agreement or any  doouments Incorporatedl Intoltorn referencadbylt This Imitationofllatilty will apply whether MOGIIIA Assoolates labilty arses undert breach dfc contract orwarranty; tort, Including negligence; strict llabilty, statutory! llabilty, or any other cause of action, and shal Include McGiI Assoclates directors, oficers, employees and subcontractors. At additional cost, Client may oblain a higher limit prior to 10. Aseignabilty: Thls agreement shall not be: assigned or ctherwise transferred by elther McGIII Associates or the Cllent without the prior writen consent of the 11. Severability: The provisions oft this Consuning Services Agreement shal be deemed severable, and the Invalldry or enforoeablity of any provision shal not affecit the validity ore entorceabilty dt the other provisions hereot. lfany provislon of this consuling servioes agreement Is deemed unenforceable for any reason whatsoever, such proMslon shall be appropnately limited, and effect to the 12. Ownerahip of Documente: Al documents, calculations, drawings, maps and other Items generated during the performance of servioes shall be considered Intelectual property and remain the properly of MOGII Assoolates. Cilent agrees that the dallverables are Intended for the excluslve use and benento of and be relled upon fort this projecto only by the Cilent and wII not De used otherwise. cilent agrees that any prospective lender, buyer, seller or third who wishes to onany dellverable must first sign MOGIIA Assoolates' Cecondary Client Agreement. rey 13. Excusable Delay: Ir perfomanoe of service Is affected by causes MoGIII Assoclates control, project schedule and oompensaton shall be equiiably 14. Indemnincation: Client agrees to Indemniy, defend and hold MoGII Assoclates, Its aganls,employess, orfoers, directors and suboontractors harmless from any anda al dlalms, and cosis brought againstMOGIIA Assoolates which arseln whole or Inp part out ofthe fallure by the Cilent to prompty and completely perform Its obigations under this agreement, and as assigned In the Contract Proposal "Goope of Services" or from the hnacouracy or incompleteness of Infomation supplled by the Cilent and reasonably relled upon by MoGil Assoclates In performingits ditesorforunamorzad: use ofthe deliverables generatadbyMcai. Assoclates, Furhermore, MCGII agrees to indemnity, defend and hold the Cllent hamless from any dialms brought: againstt the Cllent as a resun of MoGIIIs work. 15. Cholce ofLaw: This Agreement shall De gowemed by thel Intemnall laws oft the 16. Entire Agreement This Agreement contains all of the agreements, representations and understandings, oft the partes hereto and supersedes any previous understandings, commiments, proposals, or agreements, whether oral or written, and may only be modifed or amended as haren provided; and: asr mulualy 1. Contract Proposal Including Scope of Services and B35ls of  the Clent prior top proceeding with thev work.  commencement ofs services. other.  rendered.  unless otherwise provded forl In this Agreement  oost  given  extent thatitr may be enforceable.  MOGIII Assoclates tOMCGIIA work under this  may beyond  party  adjusted.  may employ such services atthelr discretion.  these ophions.  State ofNorth Carollna.  agreed.  date plus reasonable projecto coseputoosis.  17. Attachments tot this document: compensation. McGill. Associates, PA. Marh Print Name: Mark Cathey, PE Title: Asbeville Office Manager Address: 551 Broad Street  Client: Macon Comty Solid Waste Authorized Signature: Print! Name: Chris Stahl Title: Director Address: 109: Sierral Drive  Gbhy  Franklin, North Carolina 28734  Asheville, North Carolina 28801    Shaping Communities Together  mcgill  BASIC FEE SCHEDULE JANUARY: 2020  PROFESSIONAL FEES Senior Principal Principal- Regional Manager-Director Practice Area Lead Senior Project Manager Project Manager Project Engineer Engineering. Associate Amer.onauar-Deer Engineeringlechnician CADOperator-GIS, Analyst Construction Services Manager Construction Administrator Construction Field Representative Environmental Specialist Surveyor Surveying Associate SurveyTechnician Survey Field Technician Administrative. Assistant 1. EXPENSES  III $210 $195 $195 $175 $140 $110 $135 $115 $95 $155 $120 $95 $100 $100 $80 $85 $70 $80  IV $215 $210 $200 $180 $145 $115 $150 $120 $100 $160 $125 $100 $105 $105 $85 $90 $75 $85  $225 $190 $160 $170 $155 $110 $95 $100 $90 $80 $130 $95 $85 $85 $90 $70 $75 $60 $70  $205 $170 $185 $165 $125 $100 $115 $105 $85 $145 $110 $90 $95 $95 $75 $80 $65 $75  a. Mleage-50.65/mile Robotics/GPS Equipment-525/hr. Survey Drone-$100/hr. receipt.  d. Telephone, reproduction, postage, lodging, and other incidentals shall be a direct charge per  2. ASSOCATEDSERVICES:  a. Associated services required by the project such as soil analysis, materials testing, etc., shall be  at cost plus ten (10) percent.  Revised January 2020    RESOLUTION EXEMPTING GEOTECHNICAL ENGINEERING SERVICES FOR MACON COUNTY SOLIDWASTE RECYCLING PROCESSING CENTER PROJECT IN MACON COUNTY, NORTH CAROLINA, FROM THE PROVISIONS OF ARTICLE 3D OF CHAPTER 143 OF THE NORTH CAROLINA GENERAL STATUTES WHEREAS, Article 3D of Chapter 143of the North Carolina General Statutes  establishes a general public policy regarding procurement of engineering services; and WHEREAS, North Carolina General Statutes Section 143-64.32 provides:  "Units of local government or the North Carolina Department of Transportation may in writing exempt particular projects from the provisions oft this Article in the case of proposed projects where an estimated professional fee is in an amount less than fifty thousand  dollars ($50,000)"; and  WHEREAS, Macon County is now in need of geotechnical engineering services for the proposed improvements to the Recycling Processing Center in Macon County, North Carolina;  and  WHEREAS, the estimated professional engineering fees for the required work for the proposed improvements to the Recycling Processing Center in Macon County, North Carolina  isin an amount less than fifty thousand ($50,000) dollars.  NOW,THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF MACON that the proposed engineering services for the proposed improvements to the Solid Waste Recycling Processing Center in Macon County, North Carolina, is hereby exempted in writing from the provisions of Article 3D of Chapter 143 of North Carolina General Statutes pursuant to the provisions of N.C.  Gen. Stat. $143-64.32.  Adopted this gth day of March, 2021.  James Tate, Chairman  Macon County Board of Commissioners  ATTEST: Clerk to the Board (COUNTY SEAL)    Proposed covered area. Crossbeam orientation. Existing dock outside of current structure. Proposed boring locations.  6595371587 MACON COUNTY 1-18/578    BUNNELL LAMMONS ENDINEERINU  BIE  January 25,2021 109 Sierra Drive Franklin, NC: 28734 Attention: Subject:  Macon Couty Solid Waste Management. Department  Mr. .M. Chris Stahl Director  Contract for GeotehnkalErploration-RPCBuling; Expansion  Macon CountyLandfill Franklin, North C'arolina Permit No. 5703-MSWLF-1997 BLE Contractl Number. J21-1101-17  DearMr. Stah!:  Bunnell-Lammons: Engineering, Inc. (BLE)ispleased to submit this contract tol Macon Countyl Landfill toj provide geotechnical services associated with thes subject Macon County facility, Thej pupose oft the scope of servicesi is to conducta a geotechnicale exploration in support oft thej plamed building expansion. Includedhereini is al briefdescription: oft thel backgroud projecti information, a general description ofour contract scope ofs services with related fee estimate, and authorizationi infonnation.  BACKGROUNDINFORMATION  The project infommation below was provided by Macon County via telephone call between Mr. Chris Stahl (Macon County) and our Mr.. Andrew Alexander and via email on. January 141 through 19, 2021. Additional information was obtained from our projectrecords from previous work performed by) BLE Macon County owns and operates arecycling center and solidwaste disposal facility at 1448Lakeside Drive in Franklin, North Carolina. The facility includes a Subtitle D mmicipal solid waste (MSW) landfill, convenience center, waste treatment andj processing facility, material recycling facility and an environmental education center. The facilityi is bordered by to the west and to the north by the Little The recycling and processing center (RPC) building is located near the center of thel Macon County facility. The ground surface aroud the building appears to be mostly gravel and intended for tractor trailer trafic and container storage. Concrete pads and ramps are located north oft the building in a Thel RPCbulding is an approximately 80-ftwide, 110-ftlong, 30-ftt tall, fabricatedi metall building with a smaller enclosed addition on the north edge. The addition is approximately 50-ft wide, 80-ft long, and 20-ft tall. We understand that the cuurent addition is) planned to be demolished inj preparation for construction of a larger building expansion in the same area. The proposed building expansion is approximately 90-ftwide, 90-ftlong, and 30-ft tall to meet thes sameroofelevation ofthel RPCI building.  at the site.  Temmessee River (Lake Emory).  trailer parking, material storage, and] loading dock area.  60041 Parders Cout. Srcervile. SC2 29615 6864.2841269 9542934420 Sinfostlercrpcun  BLECORP.COM    BE  Contactfor Georechnical. Exploration- RPC Building Expansion Macon Cowy Landfll, Frankin, North Carolina  January 25, 2021  HEhnAmh.l0  The expansion is assuumed tol be free-spanning with a double-pitch roof and metal framing and siding. We assume, for the purposes oft this proposal, that column and walll loads willi not exceed 501 kips and Historical topographic records indicate that a suurface water feature (stream) was present in the area where the RPC building is constructed. It appears the steam flow was from the south to the north through the approximate center oft thel RPCbuilding. The stream wasi relocated east oftheb building and the former stream bed was backfilled: for the construction of the RPC building. Thej pre-construction Macon County has requested that BLE develop and geotechnical exploration plan and prepare a  3kips per linear foot, respectively.  ground conditions, fill type, and fill placement methods are imknown.  contract to perfom the work.  SCOPE OF SERVICES  The objective of this project is to perform a geotechnical exploration for the planned building  expansion. The specific scope ofs services will include:  Contacting thel North Carolina One Call Center to locate undergroud utilities. Asite recomaissance and establishment of boring locations by as geoscience or engineering Mobilization ofad drill rigt to the site. Borings willl bej placed inl locations readily accessible the BLE proposes to explore subsuuface conditions at the site by performing four (4) soil test borings at the approximate comers of the planned building expansion. Borings will be advanced to depths ranging from 20 to 40 feet below the ground surface. At total linear footage of100f feetisproposed. for thisproject. Thes soil test! borings willl be drilled in general accordance with ASTM D 1586. Borings will be advanced to their specified depths or until Based 011 site reconnaissance photos provided by Mr. Stahl, two boring locations may be located on concrete pavement near the trailer parking and loading dock area. Offset locations in gravel areas (if available) will be considered to minimize the distubance of the concrete pavement. however, these offset locations are recommended to remain close to the footprint of Measurements of groundwater depths (if encoutered) will be obtained after borings are complete. The borings will be backfilled after groundwater measurements have been made.  staff, usinge existing site features and estimating distances.  drillr rig.  refusal, whichever occurs first.  the planned foundation.  Measurements willl bet time ofboring and my not be stabilized.  2of5    BI-E  Contractjor Geotechnicai Explonation- RPCBuilding! Expansion Macon Couy Landfll, Frankin, North Carolina  January 25, 2021  BLEF PrerAimbr.l-ld-7  All borings willl be backfilled with soil cuttings andj patched at the surface withl like material (concrete or soil). Its should be noted that these backfill soils and patched boreholes might eventually settle, thereby creating a depression at the surface and possibly creating a trip hazard. Itis beyond the scope of our services to retum to the site to adjust thel backfill level We will transport the samples to our laboratory where they will be examined1 by a geoscience professional and visually classified at the completion of drilling. Two soil samples will be selected for laboratory classification testing consisting of grain size distribution and Atterberg- Preparation ofa an engineering report that will generallyi include the following, in addition tot the  inl boreholes.  limits.  items outlined above:  1. As summary of our understanding oft the proposed construction, 2. As summary oft the exploration ande encountered subsurface conditions, 3. Assessment ofsubsurface conditions with respect to site grading and excavation, 4. Recommendations: for subgrade preparation fort theplanned asphalt and concrete pavement, 5. Recommended general design and construction criteria for the project foundations and retaining walls (ifplamed) considering thej provided site and structual information, 6. Seismic site class per Interational Building Code (IBC 2009) with North Carolina State  Building Code 2012. Amendments, and 7. Recommendations for construction observation and testing. rock or groundwater ofthe site is beyond the proposed scope oft this exploration.  Please note the assessment of site environmental conditions for the presence ofp pollutants in the soil,  CLIENTRESPONSIBILITIES  BLEI respecthllyrequests thatpersons knowledgeable ofany private or site-specific utilities that would not be located through the 811NC One Call service be made available to1 review the boring locations. We also understand that coordination to access the site will be made prior to BLE: mobilizing to the project site and that BLE/drill rig personnel will have reasonable access to the subject area such that site-related field activities may be conducted without significant intemuption or require  remobilization.  PLACEMENT OF BORINGS  The borings locations will be established using al hand-held GPS wit, andi referencing existing on-site features and estimated distances. Wehavei not made provisions tol locate proposed boring locations or recordas-built: locations with survey-gradeaccuracy. Ifthisi is required, pleasecontactus: sot thatwecan plan and incorporate the cost into our budget. Some of the borings may require offsetting from the locations shown on the attached figure to avoidutilities or other types ofinfrastruchure, existing waste,  or soil moundlstockpiles.  3of5    BE  Contractfor Georechnical. Exploration- - RPC Building Expansion Macon Compylandfll. Frankiin, North Carolina  January. 25, 2021  EP/mAAHION  ANTICIPATED SCHEDULE FOR GEOTECHNICAL EXPLORATION  Based on our present schedule, we can begin work on this project after we: receive your authorization  toproceed. Our anticipated implementation schedule is shown below:  Public Utility Location Drilling Services Geotechnical Laboratory Testing Preparation and Submittal of Geotechnical! Report Project completion  3weeks 0.5weeks 2weeks 2weeks 7.5weeks  The final project deliverables can be prepared and submitted within approximately 7.5 weeks after authorization. Receipt oft the data from all parties (including survey data, ifi necessary) isi required for  schedule compliance.  FEE ESTIMATE  BLE will complete the scope of services outlined in this proposal for a lump sum fee of $11,700. Invoices for services rendered will bei issued monthly on apercentage complete basis.  AUTHORIZATION  As our written authorization for the above scope of services, please execute the attached acceptance Any exceptions to this contract or special requirements: not coveredi in the contract should be attached to the retumed acceptance copy for the mutual consideration of both parties. Please note that the Tems and Conditions are apart oft this contract. Any Purchase Order issued to authorize this project should  sheet and retum the acceptance copy oft this contract to BLE.  reference this document (J21-1101-17).  4of5    BIE  Contractfor Goorchnicai. Exploration- RPCBuilding Expansion Macon Cowty Landfl, Frankin, North Carolina  January 25, 2021  BEPwwt/amh.laN-r  We appreciate the opportunity to serve as your geotechnical consultant at this site. If you have any  questions, please do notl hesitate to contact us at(864)288-1265.  Sincerely, Vle D. Vastag, E.IT. A StaffEngineer CC: Tyler W.Moody,PE-BLE  BUNNEIL-LAMONS: ENGINEERING, INC.  Aw Alaner Andrew W. Alexander, P.G.,RSM Consulting Hydrogeologist  Attachments: Proposal. Acceptance Sheet with Terms and C'onditions  phainayetnee coury landfl, 1el1101-17 ype building mpaion, gootech proposal connact for  mcifipe building gootech. 1101-17.docx  5of5    ACCEPTANCE SHEET WITH TERMIS. AND CONDITIONS    BUNNELL ENDINEERING  BE LAMMONS  PROPOSAL ACCEPTANCE SHEET  Thej pupose ofthis sheet ist to obtain your written authorization for our services and confim the terms and conditions under which these Compensation for seivices: rendered willl be based on the attached schedule off fees (or: as otherwise indicated below) which are pat of this work authorzation. Ifwe are requested to modify the scope ofwork ats your request or determine during the execution ofther work that a modification of scope is required, we will promptly seek and confimm in writing a1 mutually agreeable revision of the scope of work and: associated charges. All testing will be performed in accordance witht the applicable specifications unless otherwise noted: and  services are provided as shown below.  testresults apply only to the materials actually tested.  ProjectName and Proposal Number: Contract for a Geoteohnical Exploration- RPC Building Expansion  BLE Contract No.. J21-1101-17 Macon County Landfill Franklin, North Carolina  ProjectLoeationt,  WORK. AUTHORIZED BY:  Signature  Date  Print! Name and' Title- Signatory warants his/ler authorigy to bind the entip represented. here,  Company Name Address City  State  Zip Code  FORPAYMENT OF CHARGES: (BLE should: send invoices to)  Firm: Address: City, State:. Email Address:  Attention: Phone Number:. Fax Number:  Zip Code:.  SPECIALI INSTRUCTIONS,  6004 Ponders Court Oreerville, 50 29615 6064.200.1265 8064203,1430 sinfosoleterocon  BLECORP.COM  lof4    BE  TERASA ANDCONDITIONS  cfremoration duet to: anyr rlatedd dmageslidmymal: KCkatnpasLung such dimap, BLEnil dosea atmapprepriate: additicnal cest F4paerhaiagloitias: describedin BLEsrperter hown cn: ksthsimstasedon spocifici informationf furisbedb bys others ore eitinate: midei int the fsliby! BLEpericns!. Sach dimansions, depdhs or cleraticn: should be considared: as aproimation: unlos cherwise satedin BiE'propcsalo orn rupert. FIFLD: REPRESENTATIVE The pvante ofBLE ari is subcontractor's fuldparomnal, either fill-tine orpart-ima, may be jor bap purpos efproriding Fcjert aimimistration, au45mAnt., obseration and'or 6eld tpiting ci specifc aspects oft the gmjcasmtigtindt by Clisat. S-acssgminaaa byBLEbe invekedin de prject, Clisut wil adise such ccatractor(s) hat BLES sevices do not inchide superisica cr dirsction ofthe means, mebod: or actul wock ofte corhracter(s), it sployves ar agent. Cliant mill also infoms contricior that the presence of1 BLE fsls rprsentaive forp grojsctsiminitmtima.: assusmoant, obanaticnd aE sitinguillpotralss the ccactor ofit rsponsbilitss forp parferming ther merk inz accerdance witht thej plan; Ifa contracter (nots subccatactor ofBLE)is imokvedi int they prejert, Cliant agroes, in accordancev withs guoarally MwPcemttsyaxtaw, thattec contracter will bes solely andc complesaly raponsible forwocking ccnditicns caf thpjobs sitez and'cr SubjectPropary including sectriry and safuryofallp perens aadpeeparty duringparfermnce cithe work, and cempliance with al Clisnt safaty rquiremsnt: and OSHA rguations. Tbese rquirsnsens will apply ccutinuculy: andr miln notb bel limited: tor noral workingh hcurs. I: Bagved fat  will: aetberssponsitle forj jcbc cr sites safiy ors serurity cat tey preject. ctr than for BLE'S sepleyves and: vebcontrattor, and that! BLE dces nothaet thed daty crrightto stept thet wok ofte ccarctor, de Cliant or cther hird parties. UNFORESEEN CONDITIONS OR. OCCURRENCES. Itis posible that unfores coaditons or occuruaces my be ancountered at ts sis which cosd substanilly alser be necaury. snices ar the riks invohud in complting BLE sericvi. Ift this pceur, BIE mll promply potify ad comult wit Cliant, bat nill art badcuBLEs sclej judgmsat mice rik toE BLE perorali isinohud. Pouible sctions a. Completebscrigina Sccpe cfSurviresi ina accordancew widt thep procedurvi cdginally: buladbBlPpepal: pndalaasihypa-. b. Apw wifh Clipat to medify the Scope ofs Sanice: and the viimas of charge to: inchude shudy ofther unferson ccoditicns co ocranzes, wid mch: misico c. Teminatet thesenices cffectioc cat tbe dates spacifrdlyBIEbm nriting SANPLE DISPOSAL, Torts sperinens cr sample: guoarally spc ccasumed crsubitantially aherdd duringt teting andz any nanas ar dispesedoh immeditaly upon complatica ofwat. Kemsinng diling samplai andc cther spaciosns are dipcsed of30 days afar submissicn cfE BLE mport In bes pat that seits samples conbin toxic cr hazardous constimeats 2 dafined by sgçlicable! law, upcn cearleticn cfa any tsting and bemporary mpHEmiprdha.: staedprioca, BlEwillrtum schs samples 10. WASTEDISPOSAL IEClieatr requeti BLE to containsrire dillingn naite: andor fuid. produred ly BLE: artivity (Waste:"), Clant wil proise a se bemparary storage loration at cr ne1r te project site 1o1 prevaat umparing wifo such contingrired Wasv. Neu-hizardcus Wastoiwillbe dirposedofby BLif fara ans additions! chirge 2an appropriately licensd farility. Any hazardcus Wastu willl be dipesede cf under msrifents sxecutedly Cleatatz yproperly! licenid farility selcidh by Cliemt wif BLES assistance. Atne tims wil BLEtaket titlet tos such hazrdous Waster. IL. "CLIENTI DISCLOSURE. Cliant agoss to advise BLE poa ererutica cf this Agossant of ay hazudons sbstance or any coaditica, known ort that rossenably shculdbek Ancwnby Client, eristingi in, on crnaart thes sitet fhatprsents apctenisld danger bo hman! health, the sairommant, cr BLES squigroent Cheat: apeest to gronis BLE contiming rolzted infermtiona as ibercmses zailablet tothe Client. By trtue ofentaring intot this Agroanant cr proniting senion: barcunder, BIEd doo: nota assume ccutrol cfor rvapensiiitya a52 ano operster or otharwise far thes site ort they persons)in charge ofte sita, crundartaker responsibility ferr reporting to ary fodenal, state crl localp public Agenriei ary condtions att the sis thain may pants apotsatial danger to public heslth, safotyort the aoircansnt Clisat agvi unders advice cfits counsalt tor noify tho sEpropriata foderl, state or local gullic agencie: 2: rgind by! law; ar ctherwise to disclos, inat timaly mamar, anyi informsticat thtraytees:zys topraid daragotok Immnb bealt, safiy,  WHEREAS, CLIENT iss saking enginsaring andor anvirommental or cther consuting sarvicesi inmgardsb to: sanvicesa associatedw withz aproperty or F-ta/a5ktPey2 and'cr sarvices associated nithas sporific zctivity ora artirities; and Bmmell-Lammen: Enginosring, Inc., (harsinafar" BLE)minlpiie: ronsultant. Therofcre, CLENT andBIE( (coloctively, the' Partip:)agros a:fellows (be' Agoaen"). EAVIZESTOBEPAOVDED. BLEt tiroagh: andby its offcirs, anpleyves ands subcorincters, isani indepandanto conmltnt andz AEDe: toF prnide Cliunt ferin sole benefita and eachusives e, comulmmg snices seifcrhi inBIE's proposl Nod thirdparty PAYMENT TERMS. Cliant agroes to pay BLES invoice upcns scaipt If paymenti is actncahed within 30d days fomt the Clamirecaipto ofinvoica, Cliant apes topayas sanice chirge on the past d amoimt at the greater cf1.saper: maonin cr tbe allonzble legal: rs, inchuding attemay's fvo: and erpans if BLE fso is collacid tarcugh an attoroay. No deauction shall ber madet fromi imcice a accont ofliquidasd damagss unles exposly included in the Agomet. BLE: may supand sarvices umil paid 003 any project mhec pzymsant cfinvcicid amous nctr rezicnably in asusi is not receivedby BLEV within 60dayso ChahppaBlhada. Invcicesv willb bes sent STAMDARDOFCAKE BLEwillparfermi in snicest using that degveof cares and: illo ordinily sxercisedu under similay cenditions lyry:bblemambere OfBLE poissicn practcing i1 thes samos ars similarl locality at thpt tinse cfsenica NO OTHEF. WARRANTY, EXPRESS OR IMPLIED, IS MADE OR INTENDED BY BLE's PROPOSALO ORBYBIESORALORUAITTENKEPOATS, Notinginthss agrosment orint thes anicesp grmildlyBLEis intededto ciata, ner hallitbed constriedto aeste, afiduciaryr relaticuhip cwedt bys ebarpartyto 00e ancter. INSURANCE BLE: mainnin bnnnced covinges a follows: - Wocke's Corapensadonl Insurante. b.EmplyerIhatly; Invuranre. Commarcial Genera! Linbility! Inrurance. d. Profossion! Eren ando Oissicns Imnca Certificates of bvnno cH be provided ypon sccegance ofhis aprswrant ad ypcu PROFESSIONAL LIABILITY, FOR ADDITIONAL CONSIDERATION FROM BLE OF $10.00, RECEPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWZEDGED, CLIENT AGREES THAT BLES LIABILITY, AND THAT OF IS OFFICERS, DIRECTORS, EMPLOYTES, AGENTS AND SUBCONTRACTORS, TOCLIENT OR ANY THRDE PARTY DUE1 TO ANY! NEGLIGENT! PROFESSIONAL ACTS, ERBORS ORC OMISSIONS ORE BREACH OF CNTLCTBYBIEVILE LIMITED TO AN AGGREGATE OF 550,000 oR BLE'S TOTAL CHARGES, WHICHEVERI IS GREATER F CLENTPREFERS TOI HAVE HGHERIINITSOF FROFESSIONAL LIABILITY, BLE AGREES TO INCREASE THE. AGGREGATE LMT, UPTOAMANMIN OF $100,000, UPON CIIENTS WRITTEN REQUEST AT7 THE TME OF/ ACCEPTING! BLE'SE PROPOSAL, PROVIDED CLIENT AGREES TO PAY AN ADDITIONAL CONSIDERATION OF 560F TOTAL CHARGES, OF. 5500, WHICHEVERIS GREATER. THE/ PNCGTARRKS AEITYIDCTESYCAURIO: THE GREATER RISK ASSUMED! BYBLEAND ISNOT ACHARGEFORADDITONALPOFESIONALLIABLIT INSURANCE. IN ADDITION, CLIENT FURTHER AGREES THAT NEITHER BLE NORITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS ANDOR SUBCONTRACTORS SHALLBE LIABIE TO CLENTFOR SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT CF THIS AGREEMENT OF. OTHERWISE. THELINITATAONSS STOUTIENINSBALLNOT, APPLYTOTHE SITE OPERATIONS. Client millz amnge forr righ-of-entry to the preperty fert thpurpore FEsPSEy-s studies, twt ande waluticns gurvaant tod the amed seric. Chsatn represans thati itposasse:r ncmsry perait and licaaws BLE':Esld peremnels 1e bined toi iniriste Eeldto:ting, driling and'er samplingn mithina rascnable distanted ofeschd designzbedI locaticn. BIE: beldpercnnel nil zweid! hazard: crutilitiast whichz movisibletot thematthes site. IfBLEis achivdiw writingo aithep prosence orpctentily prossace ciu undarpcund ors abores goind cbstrurtions, sucha ail utilitiss, BLE wil ghv spscial imtrurtico: to BLE's fiold peronnel. BLEi notr reiponsible for my damageo or losd diet tot umdiclesedo loru unkonn suficed CE subariace coniticns onnedby Clien cr third partie:, axrept to tho axtunt surh damape crl los ia rlt cf BIE: negligence. Ouerwise, Clienta agoesfar tea aditicnal coasideratica cfs1.0, ther reraipt and vfirisnry baing barby arinewledgoi to defend, indennify andl hold BLE, ib diroctors, cffcers, cmplayvei, agat: and ubrentractor:) hurmluss, froms ary surh claim:, suits arlosv, including rohmdreascmabls: attorney's Ssoi. BLE will bke rssonsble pracmtion tos minimire danaget to bep proparty camsed byi it oparaticns. Vnlessobarise ssdinBlE:pgea., BiE' charges donoti includec cost  1.. 2.  7..  beneficiariest arsi inhodedby this igroemeat.  and pecifcaticas.  yproirastely moarhly fert thos wnicwiparformned.  3.  S. codi tclude:  4.  ng:ast 5.  aprodteinv writing: 9.  toClisatforg properdisposa.  EVTPTPAOHBITEDBYLNE, mgiviferi iba actvitesa atthes sfa  6.  crthe soirenment  2of4    BI-E 12.  ENVRONMENTALNDEMNITY. Inconnsctionn mitht toxico arhazardous subitanoes or constimant andto the maximm exteat permittad by) law: and fcr seprzhe and vahabla conidaration of $1.00, ths rcpt and suffirianey being harsky acnowledped, Cliant aFes to defeni hold harmlvss and indennify BLE bcm and againsta anyz and: aclaims, lishlits.ejugut, excepts so tbes axtemf fnallyd determined yeyathr-a CE wilfmiscndart,, msulting frcar Clienfs siclation d ary fodara., stato, cr local starute, rpulaticn or crdinance rolating to ther manigmsen cr disposl of soxic ar hazardoas subitance: or b. Clent's undectaking cf ar amngensat for the haniling. rmoral, trestoant, sterage. tranportaticn or diposal of toxic ar hazardcus substances or Toxic crb hirrdous substances or comtitants inroduced at the sh by Client or tirdperson: beiore, dring ora afuet thpc compleicaciBlEst serioes. d. Allgation: that BLE is al handler, ganentos, operator, tvatr, storw, transportar, cr dipoiaru under the Rescurce Comenaticn: and1 Recovsry Act ofl 1976 35 amsended or azy cthez similr federal, state cr) local rgaticn or law dues to tbe BLE: sarvicest unlvs pvilyrhainedly Clien fxes such serices. oz, Asy third, parly suit ar csim fer daragv sninst BLE alluging strict lizbility, personlis iny (ncluding death)cep preperty damaage frome eposuret too orrlesi ofsoe cr hzrdous substances orc ccastirens atar Écm bheprojecis siteb befcre, dring ara after conledcn dBLES senicess iadet dis Agosmant. 'EQUIPMENT CONTAMINATION. BLE will sadervar to dean ns labenatery and! foldc squipment mhich mxyb become conbmimatedi in thoc condicto CfBLE' sarvizes. Occasically, such egiymant cmotb be complely dacmbmihtwdlwams: of the ppe ofhazads enccuntred. Et this cecur, itwill be nscenary tod dispese ofbe squipmaat hsi mer simflrt to dhut indicabed far bazardcus samples or maie andb te chxg Chuatfortheless. Clizagwstopay baf fair macketsahe cfanys suche quipmoant 14. DOCUMENTS. BLE will firush Clisat thes agroed. pcun number cfwrirsn repocts aods supporting docmoant. Thessinstr.moauhe ofservices aref hmiledferClia's sschuivpinteral: ue andralincs, use cfChu'scoimli usp dtCliatigallrHaie (design serice caly) and for: rogalatcry sabainal in ccunscicn mito the Frojset or imniagmsitrbih/ Agvmeat butnctf fcracertising orofartypec cfdstibutcn, 2. Alldocumeass gaantedb by BIE under thi: Agosert shall: zurasin the sole proparty CIBLE Avy unwafborized use crd divaicn CIBLEe shall be at Clar's and recipisuts sole rik and withou liabiliry to BIE BLE may, rbin a cenbdential sle copyo ofiy wock product and: mlbed documaatsi itrecciswi cerliesu upcn b. IfClemd desirest torkas, arfrBLEtor previda, BlEprpatin purys sotd described: aboet far fhatparty's reliaee, BLEwilla agost to surhr relessey gruided BLErscaies 21 nritten: mquest Érom Clienta andau writan accoptance fcm such thirdp party tobe beund bya arceptable barms andc cendicions similar bo thi Agvenoent (s.g Seccndary Client Agosst). Reporti preridedf for disclosurs ofinferastica oaly wil: nctr require separate agoannt. Clisat: acknouiedgw andaposs toi inform sucht thirdpartyt thatBiE: mport)refects cenditicns caly 21 the tims ofthes seady: andr mary not roflect cenditicass at alatert tima Cliant! furthera acnoniedgest thats sachi roquest ferr mlezse costes posntal cenficto ofi interert fcr BLE: and by: mkings such areqaent, Clienty waite: anys such cimif c. Clivat Agoes faat all documsnt famishedt to Client cr Clisn's agants er dasigess, ifnot paid fer, wille be: renmed pca demand andnillz notbeu uedby Cliecto or my, other satiry fer any purpese utaboner. Clisnt furbar aproe fhat dorunsent preduredly/BIE, pursuant fothis Agrsment willnotbeudf fera ypojsctavtegealy peridedfrihis. Agsmaat nithcut BLEipricrnrinsn: yproral Client shall fumish docments ar informastica: rasscmably within Cliua's ccntol and deamsed: nacvitry by BLE farp propery perfomance ofBIEs serices. BLE mzy: rely upon Client-previded documenti in performms thes sarvices rquird: udert thi: Agsment boweisr, BLEame sorvapon:ibilitye orliability forthaira accurary. Cliaat- prcxided document will: remsin thep preperty ofclient but BLE: many: waind cenfdential Upca Clien's requst. BLE: work grodactz mary! boy providad car mignstc media ar vabmittad asctroically. By: surh rgusst, Clisnt age: that thet writaa ccpy robined by BLEi init fle shallbet the cfEcial bzed dorunsnt BLE make:: noT mamnty ar rupcoisaation! to Clien that ber nagstc olactronic copyi is accurato or cerplete. but wil carect in good! fnith any cmist son: cr emen brough to BLE' attention by Client. Amy mediiraticns civachm mgetiz copylelctrcaick by Client: shall be a Clienfsrik and  without lisbility tol BIE Suchi mgeir copyelectenici is sbjertto alo other condition: 15. CLAIMS. Thopariv agroet to atsaption rosolvos any disputr nifhoutresart tol litpticn, including DA of madiation, pricr to fling cf any suit. inchding use cf metistion priortof filing ofmys suit Hoover, inthep ment fatailaimmemiti inlrigation, then tbey pewrailing pty shal bes eatided tor recovur frcmt ter nen- pailing party the grvziling prty's reasonable logal foo: and spenv asociated with sach ltigtion EACH oF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TOTRIALBY! JURY INANYLEGAL PROCEEDING ARISINGOUTOFOR RELATING TO1 THIS. AGRFEMENT OR. THE TRANSACTIONS CONTEMPLATED 16. CPINIONS OF COST. lrquesed BLE will wp it: best effoct: and aparisnee 0n similr prejert: te proide ralistic cpinicn: ar eitimates of cost fc rsetiscon or ccastrurtion a ppropriate basd ca riscaably arailable dan, BLE: deiign: or BIEs reccnanition. Honever, such opinions arei inteded prinarily to groise inforaticn ont thec order cfmigitude cr scale cfych coit andar noti intunded for usi inf firl buiguting a ngctisticu umlus specifrally agoed ctherwise, inv writing with BLE Client understinds artal costs d sach woc depend benily co: regicnn eccnomirk, locil conitruction practicss, masrisl aallability, site ccnditicns, wuather conitons, ccatriciors skill, indn many cter facton byweBiEicantrol 17. TESTIMONY. SboaE BLE Cra ayl BLE saployue be cempelidbyl lato proriset bestinsery oro othar videncel bys ary party, wheher at deporition, braring, crb trisl, inrelationtos srices prexidedunder fris Agosmant, andBLElzptagary! inthe diputs, den BLE: shilbe ccmpenstedty Cliant fort thea assciatdruaisasble expanses andi ibor fu BLES prepantion andt sitimoay at aFpropriate unit rabes, Tet the ertant thep party compelling det tatimony ltimatalyp proideil BiE, wch sempensaticn, Client willr rcaie acdtor refad ca mny land dçublepsymsatitp! BLE CONFIDENTIALITY. BLET will minin 310 comfdentisl anyd docunsaats or informaticn prorided by Clant andy willp not relasse, distibate apublihs smet to: any third partys withouty priory perinion from Clisnt, uless compalledby! lawo ar order ciac couter rgulatoryl body ofcompatent) juriidiction 19. GOVERNINGLAW. This. Apmaat sha be gosued in all: mipect by thel lans cfte State ofScus Carolins. 20. FRIORITY OVER FORM AOREENTPIRCHASE ORDERS. The Pardvi aproet thatthag previsicns oftesetenst aodc condidons shall centrolovers anductbe superaedlya ay pronision cfay other dormants orT witing and: may bes amoanded caly by mritten imtumeats sipoed by bcth Clant and BIE. Chent mayi isne pachse crdertoE BIEts satisfy Cleisyathasing requirenats. Itisa agvad tmt thet tarms and cooidons included ins sch prchase orders shall bec ccnidend dektedi int their antirvy and vacht tems adc conditions shallbevoid. SURVIVAL. Ally pevvisicns oftis Agroamant for payment. idemmity or allocaticn of responsibility cr Hakility betwon Cliant and BLE shal! surive the complaticud cfthos sanicess anit theb berminsticns cftis Apument. SEVERABILITY, Inthe evat ary grorision ofthis. Agroementis foundto bevoid or mmanforceable under! law, thec court shalli instadr mfomc C: rplares ay void or unsnforcsabley previsicn witavalid: ande enfocresble prorision that pves mosaringtot the intanticn ofthey prositions Cr sha!l siket thp groiton fromt the Agomac. Ther remsining prorisicns sha!l contimne in full force andoffect. 23. ASSIGNMENT. hApwoatyahmpalybepyntbas thapicrpamisica cftec other. 24. CONSIDERATION. Tbapartivs apvet thatt thec Amk:slian suffciently adjustedt toi include any spscifc ccasideration pryable 1 Cheat under these barm: and ccuditicns. 25. INTEGRATION. This Agvemaut, the attached documsnt znd those incapented! harin constitule tho antirp Agvemant betupsa the partie: and camot be chingido exzepibyawrimsai instramnt sigedby bcap parties. 26. FORCEMAJEURE. Anyf failurs cfparfcrmance under this Aposmsat shall nctc comtihta brathifsaidt 6ihrofperimms: idosto zno mentore oveat beycadt the rasonible centrol of the Partivs ar eitbar oft fham; such aivat off force mjere sha!l includs, butnotbel limitadto, artsofGod, natural disain, war and strikes. Ifan vont offcrcez majaire occur, BLE: shall: zoify CLENT, idenify tes eento cffcrce majeure and specify the anicipati tine nhen the Woc can be ccatimed. Timsly tadaerdw- shall axtandt thot copleticn date cfuis Apemet forat tinos equlto sc centinuatione déaferarajezepha:: ary resscnable timer nscenary toroumse Werk. CLIENT: agcest topzy BLE6 forz alln reasomible costi incured: associsted withl labor: ani oqupmsnt, including wabcontracior: serices, necesaryt toreitms Wock.  cfthisA Apument.  ceastrsanh;  HEREBY.  contraants fomdo cridanifiodatt tes site;  13,  IS.  andrsavaable dipesalcosts.  and: 2 vabjectto the following  21, 22.  sot that BLE cans supporta andord defundinr werk.  BLEC conplies mitot ber rquest.  Ele copiss tos suppartinn mport  3of4    BL-E  27. CONFIDENTIALITY. BIE: and CLIENT recegnize thate esch oft thens mzy sacomber wrinan or uritten comfdentisli infomation: mparding the other Purty daring the coure oft the snice: setf ferthi it the Propcsal. Coafideatial infomation man all tachniral, eccacmic, fingncisl, pricing, miksing or othari infomsaticn that has notb bosn publshedz macrinstobarta: zailablet tomarberso oftheyablic andi includes, withou limitaticn, trado saets, prepristary infomation customer lists, sciantifir, bechnical and bainass stadies, analysei, Frocess, metboda, procedres, politiesz andi informaticn. The Prty mcahing such ccabdantial infommation agroe: tol hold 2 confdectiz! and nott to All dranings, specifiraticns, bechnical dorunsants of any aature, and copiss theroof, Feparedy furantt tot this Agrmement ball bet thep propertyo ofBLE and: zo* tobet tratedas ccafantial. Tbeya are nct to1 be disclosedb bo obars withoutE BLE priar writas appronal BLE: shall tratais ccafdantial alld documsats andr recaed: (ths" Dorunsant belenging! to CLIENT orat thirdparty chat BLE riens daringt they parformance cfs serviress setf forthi in the Properal. BLE shall: aot discloset the Documeats to: any thirdputy mithcut the price conssato ofthel Decumsnh' cwnraro onuers. Noz articles. Fapericrtasiws rolasd tocrina any, wzy associbed with thes serices sR forth it thel Proposal shall be submitisd ferputlicationt without BLE Frior writsa coasent. BIE: may: main cepies cialls such documeats for archivalyposs andtos sparto or defandini wock. The confdentiality ritricticns barein shlf acts apply soi infomaticn that (1) the Purties hdint thairy pessesion prior to disclosurp; ()beconesp publir koniedge droughno act arfulto ofter recehving Paty,) then moehng Purty lafully acquires Lomad thirdpurty uhich does nct hme a confderislity obligadon to dbe Pary 4o mhich thei indomaticn pertains: (): isi indepandenly deeloped by tbe rcaiving Paity or (S) mquirdt tobe discloredb by lzw. Witboutthe prw nritten consato CBLE, fis Arvmant aeasine ddv crl liklities ofE BIE to tird purtas wio mary rely cn be Wcr grovided ar the documants delivand! hecuander, The Partiv Apw tha althouyh CLENT: may gronide tgieiofBlEipar: teptopactiepropaty) puchsers mdteirs agun, moputyo other than CLIENT, in counsel o ayprogriate ryguatery bodiv msy: rely cat tbs coatents of 25. INDEMNITY. ICLENT or any dfins direcien, officers, shrhcldr, splcysas, agonts, attornsys, successors, asigi aadifiliass (ecllertvely, the" CLENT Afhias") beccnos sebjsct to ay liabiliiv, cblipasions, clainas, losas, penahies, artiona.j jripsnts, waits, ceitsa ande axpenses (including mithcur! limitation,  and disbursmats of atome and ccarulann) (collecthely,' "Claim:") arising fcm  30. WAIVER Wherbys sitha Party efany bams, prorision ord condition ofthi: Apromsent shall Dot con:tube 2 proedent ar bind aither party bo a naivu of any succosdingbrashe cfthe samecramyo ofhar barna proision cro condiion ofthis Arsement. 31. TERMINATION. This Agromment taminato: zubcmatically nben BLE complatei te: nicess setforhint thoF Proposal. EitherParty mzyt tamminals this Agvemeat yaéyr theo othePurty. htes ovent CLIENT requsst: berminsticn pricr bo ceapletion, CLIENT aproes te pay BLE for all resiomable cost: incudted dat andressonakle chrpissecitinih: sacht taminstion *Appliv caly if toxic or hozardous subsbnce cr contiruent ars snticipated or Ferarkinthe! Stateo ofGeorgin, daletet bmaw.prama-aN  discloses such infomaticn.  NOTES: ancounterd inPargraphs  wrirenc  aFpesr  END OFDOCUAIENT  PA5misail-011200  BLEirparts.  rolasdte ori i comacticas nith:  thet nfipanre, gos: sapliguace oET milfun miscondctel BLEorin direciori, cffcar, employses, subccntrattori, apsuts and aflines asiolaticn ofa surae or rgulation by BLE r i Fapreseeaéies: abeachefthis/ Apoment by: BLE ori Feprvnttvs.  (collectrely, the" Faptvenhthw:): and'cr  BLE shall indemmify and bold! harless CLIENT andi in Afilistes Ercm and: aginst mny andall Chins. Ferp purposes ofthe praciding santuace, p'igence" shal bed domedte includeb bochp negligsat: acts andomissicas, bu dhis indemnifiraticn shallcaly aiand tote preporicaal aBlFitaisaetsm, bavach Degliguacs arT millfu micondact LELE or any efin dirsctors, offirars, seplayos, sgeats, attorays, succesor, atig: and afflistes (ccllerthely, the 'BLE Aflatv) beccne subject to any labilides, obliptions, chins, losses, daraages. peaaltes, acticns, judgmant, mits, coits and spemes (inchang nitbout lininaticn, fos: and disburnnts cf atomeys znd canunu)Calkchwy, Chim:). arisingf from rolatedtoo orincomectionn nitn:  thoneglipanra, gos nipante Cr willFw: miscondact oi CLIENTCE ind directors, officars, shusholder, employses, subconcters, zgant ada afiliats (colsctivaly, b4" Reprsatatie: aviolaticn ofas stzhube arrsgulationbyC GETemlepueivs abarbefthis Apramsatby CLENT crit Represalativw;  and'or  CLIENT shalli indemmify and! boldb hamless BLE. andin Afiliats frcm anda again:tz ay and: all Chims. Ferpupeses ofthe praceding sanhace," 'negligence" shlbe dosmdte include bothp negligentz ct andomisticas, bud this indmnifiraticn: shallcaly axindtotbe Freporbona axtent of CLIENT's siclaticn cf lan, brach, nepligsace ar willfiul 29. NON-EXCLUSIVITY. BLE rocognize: and aprov that in: sanices  miscoadurt.  hersunder MpaucA  4of4    LEASE by and between  THE COUNTY OF MACON, NORTH CAROLINA  as Lessor and  THE MACON COUNTY BOARD OF EDUCATION  as Lessee  Dated as ofl March 1, 2021  (CS: 00075372.DOC)    LEASE  THIS LEASE, dated as of March 1, 2021, and entered into by and between the COUNTY OF MACON, NORTH CAROLINA, a political subdivision of the State of North Carolina, as lessor (the "Counly"), and THE MACON COUNTY BOARD OF EDUCATION, a body corporate which has general control and supervision of all matters pertaining to the public schools in the Macon County School Administrative Unit, its school administrative unit, and is duly organized and existing under the laws of  the State ofNorth Carolina (the "BoardofElacation").  ITNESSETH:  WHEREAS, the County and the Board of Education have determined to cooperate in a plan to finance the cost to provide for improvements to the Macon County Schools and to cause the construction of such improvements, including the construction of improvements to Macon Middle School (the "Project"), which has been found to be necessary and desirable to provide for improved public school  facilities and improved public education in the County;  WHEREAS, as a part ofs such plan, the County has entered into various agreements requiring the County to hold fee simple title to the property for financing, jurisdictional and other purposes, such that the County's Board of Commissioners may act as the agent of the Board of Education in carrying out the  Project; and  WHEREAS, the County hold fee title ownership of the site of the Project and all improvements thereon, as shown in the following two deeds, to-wit: that deed from Leonard Horn and wife, Leota M. Horn to the County, dated October 8, 1973, recorded in the Office of the Register of Deeds for Macon County in Deed Book W-9, page 161, and that deed from the Board of Education to the County, dated August 29, 1994, recorded in the Office of the Register of Deeds for Macon County in Deed Book 0-20, pages 160-163, and the County proposes to lease the site and the improvements thereon (collectively, the "Leased Property") to the Board of Education and the Board of Education has determined to lease the  Leased Property from the County;  NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein  contained, the parties hereto agree as follows:  ARTICLEI  DEFINITIONS; RULEOF CONSTRUCTION  All capitalized terms used in this Lease and not otherwise defined herein have the meanings assigned to them in the Agency Agreement and the Contract, unless the context clearly requires otherwise. In addition, the following terms have the meanings specified below, unless the context clearly  requires otherwise:  "Board Representative' means the Chairman of the Board of Education, the Superintendent of the Macon County Schools or any other person at the time designated, by a written certificate furnished to the County and signed on the Board of Education's behalf by its Chairman, to act on the Board of  Education's behalf for the purpose of performing any act under this Lease.  (CS:0075372DOC)  2    "Conveyance Date' means the date that the deed conveying the Leased Property from the Board ofEducation to the County was accepted for registration by the Register of Deeds for Macon County. "County Representative" means any person at the time designated, by a written certificate furnished to the Board of Education and signed on the County's behalf by the Chairman ofi its Board of Commissioners, to act on the County's behalf for thej purpose of performing any act under this Lease. "Event of Default" means one or more events of default as defined in Section 12.1. "Lease Term"means the term of this Lease as determined under Article IV.  "Lease" means this Lease, as it may be duly amended.  "Lease Year" means, initially, from the Conveyance Date through the succeeding June 30,  thereafter, means June 30.  the twelve-month period of each year commencing on July 1 and ending on the and, next  "Memorandum of Agreement" or "MOA" means the Memorandum of Understanding and Agency Agreement between the County and the Board of Education spelling out the roles and All references to articles or sections are references to articles or sections of this Lease, unless the  responsibilities oft the parties in carrying out the Project.  context clearly indicates otherwise.  ARTICLEII  REPRESENTATIONS,COVENANTSAND WARRANTIES  The County and the Board of Education each represent, covenant and warrant for the other's  benefit as follows:  (a) Neither the execution and delivery oft this Lease, nor the fulfillment of or compliance with its terms and conditions, nor the consummnation of the transactions contemplated hereby, results or will result in a breach of the terms, conditions and provisions of any agreement or instrument to which either is now a party or by which  either is bound, or constitutes a default under any of the foregoing.  (b) To the knowledge of each party, there is no litigation or proceeding pending or threatened against such party (or against any other person) affecting the rights ofs such party to execute or deliver this Lease or to comply with its obligations under this Lease. Neither the execution and delivery oft this Lease by such party, nor compliance by such party with its obligations under this Lease, requires the approval of any regulatory  body or any other entity the approval of which has not been obtained.  ARTICLEI III DEMISING CLAUSE  Section 3.1 Conveyance of leasehold. The County hereby leases the Leased Property to the Board of Education and the Board of Education hereby leases the Leased Property from the County, in accordance  with the provisions of this Lease, to have and to hold for the Lease Term.  (CS: 00075372.DOC)  3    Section 3.2 Priority of Deed of Trust. Notwithstanding anything in this Lease to the contrary, the Board of Education's rights to possession of the Leased Property and all its other rights under this Lease are subordinate to the rights ofthe beneficiary under the Deed ofTrust dated as of March 1,2021, granted by the County to secure its financing obligations with respect to the Project. Any judicial sale of, or foreclosure on, the Leased Property pursuant to the Deed of Trust terminates all the Board of Education's  rights under this Lease.  ARTICLEI IV LEASE' TERM  Section 4.1. Commencement. TheLease Term commences on the Conveyance Date. Section 4.2 Termination. The Lease Term terminates on the earlier of the following dates or (a) the later of either () the date on which the improvements are completed as agreed by the parties, or (ii) the date on which the County has paid or made provision for all Installment Payments (as defined in the Contract) and all other payments due  events:  under the Contract in accordance with its terms; or  (b) an Event of Default and termination oft this Lease under Article XII.  ARTICLEV QUIET ENJOYAIENT,TRANSFER  Section 5.1 Quiet Enjoyment; Transfer. The County hereby covenants that the Board of Education shall, during the Lease Term, peaceably and quietly have and hold and enjoy the Leased Property without suit, trouble or hindrance from the County, except as expressly required or permitted by this Lease. The County shall not interfere with the quiet use and enjoyment oft thel Leased Property during the Lease Term. The County shall, at the Board of Education's request, join and cooperate fully in any legal action in which the Board of Education asserts its right to such possession and enjoyment, or which involves the imposition of any taxes or other governmental charges on or in connection with the Leased Property. In addition, the Board of Education may at its own expense. joini in any legal action affecting its possession and enjoyment of the Leased Property, and shall bej joined (to the extent legally possible and at The provisions of this Section 5.1 are subject to rights to inspect the Leased Property granted to parties under a contract for financing, ifa any, and to the right hereby reserved to the County to inspect the  the Board of Education's expense) in any action affecting its liabilities hereunder.  Leased Property at any reasonable time.  Section 5.2 Transfer Upon Leuse Termination. At the end of the Lease Term under Section 4.2(a), the County hereby agrees to execute, deliver and record a Limited Warranty Deed transferring title to the Leased Property to the Board ofE Education, together with such other documents as are necessary to convey to the Board of Education good and marketable title to the Leased Property, subject only to (a) Permitted Encumbrances and (b)a any encumbrance or imperfection caused or  attributable  by  to the Board of] Education.  ARTICLE VI CONSIDERATION FOR LEASE  (CS: 00075372.DOC)  4    Section 6.1 Use of Leased Property; Assumption of Obligations. The Board of Education hereby agrees to use the Leased Property for public education purposes in fulfillment ofi its shared by the County, to provide for improved public school facilities and improved public education obligation, in the County. In addition, in consideration ofits rights under this Lease, the Board ofl Education undertakes the obligations imposed on it hereunder, including those imposed by Section 8.1.  ARTICLE VII  CONSTRUCTION. AND OTHER ACCOMPLISHNENT OFTHE PROJECT, AND CERTAIN RELATED COVENANTS  Section 7.1 Construction and Other Accomplishment of the Project. The County has provided in the Memorandum of Agreement for the construction and other accomplishment oft the Project by the County, working as the Board of Education's agent. Pursuant to the Memorandum of Agreement, the parties shall in good faith review and approve all provisions concerning the construction and other accomplishment of the Project. The Board of Education shall take possession of the Leased Property on the Conveyance Date ofthis Lease. Title to the Leased Property shall be held by the County, subject only  toP Permitted Encumbrances.  Section 7.2 Maintenance, Repair, Taxes and Assessments.  (a) Maintenance; Repair. The Board of Education shall use, or cause to be used, the Leased Property in a careful and proper manner, in compliance with all applicable laws and regulations, and, at its sole expense, shall service, repair, maintain and insure, or cause to be serviced, repaired, maintained and insured, the Leased Property sO as to keep the Leased Property in good condition, repair, appearance  and working order for the purposes intended, ordinary wear and tear excepted.  (b) Taxes and Assessments. The Board of Education shall also pay, or cause to be paid, all taxes and assessments, as applicable, including, but not limited to, utility charges, of any type or nature levied, assessed or charged against any portion of the Leased Property, provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period ofyears, the Board of Education shall be obligated to pay only such installments as are required to be  as  and when the same become due.  paid  (c) Contests. The Board of Education may, at its sole expense and in its name, in good faith contest any such taxes, assessments, utility and other charges, as applicable, and, if any such contest occurs, may permit the taxes, assessments or other charges sO contested to remain unpaid during the period of such contest and any appeal therefrom, but before such nonpayment it shall consult with the County and, if the County requires, furnish the County with the opinion ofa counsel acceptable to the County, to the effect that, by nonpayment of any such items, the interest of the County in the Leased Property will not be materially endangered and that the Leased Property will not be subject to loss or forfeiture. The County will cooperate fully in such contest on the request and at the expense ofthe Board  ofEducation.  Section 7.3 Modification of Leased Property, Liens.  (a) Additions, Modifications and Improvements. The Board of Education shall, at its own expense, have the right to make, or cause to be made, additions, modifications and improvements to any portion of the Leased Property if such additions, modifications or improvements are beneficial for the use of such portion of the Leased Property. Such additions, modifications necessary and improvements shall thereafter comprise part of the Leased Property and be subject to the provisions of this Lease. Such additions, modifications and improvements shall not in any way damage any portion of  or  (CS: 00075372.DOC)  5    theLeased Property or cause it to be used for purposes other than those authorized under the provisions of State and federal law or in any way which would cause the interest components of the Installment Payments to be includable in gross income for purposes of federal income taxation under Section 103 of  thel Internal Revenue Code of1 1986, as amended.  (b) Liens. The Board of Education will not permit any mechanic's or other lien to be established or remain against the Leased Property for labor or materials furnished in connection with any additions, modifications or improvements made by the Board of Education under this Section, but filed or established and the Board of Education first notifies, or causes to be notified, the County of the Board ofl Education's intention to do so, the Board of Education may in good faith contest any lien filed or established against the Leased Property and in such event may permit the items sO contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom and shall provide the County with full security against any loss or forfeiture which might arise from the nonpayment of any such item, in form satisfactory to the County. The County will cooperate  such lien is  ifany  fully in any such contest on the request and at the expense oft the Board of Education.  Except as provided in this Article and except as the County may consent thereto, which consent shall not be unreasonably withheld, the Board of Education shall not, directly or indirectly, create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to the Leased Property, other than the respective rights oft the Board of Education and the County as herein provided. Except as provided in this Article or otherwise with the County's consent, the Board of Education shall promptly, at its own expense, take such action as may be necessary to duly discharge or remove any such mortgage, pledge, lien, charge, encumbrance or claim for which it is responsible, if the same shall arise at any time; provided that the Board of Education may contest such liens, charges, encumbrances, or claims ifit desires to do SO. The Board of Education shall reimburse the County for any expense incurred by the County in order to discharge or remove any such mortgage, pledge, lien,  charge, encumbrance or claim.  ARTICLE VIII  BOARDO OF EDUCATION'S ASSUMPTION OF COUNTY'S OBLIGATIONS  Section 8.1 Assumption of Obligations. The Board of Education agrees to maintain general liability and casualty insurance with respect to the Leased Property; provided, however, that this term shall be satisfied as to general liability, at the Board of Education' 's election to sO participate, by virtue of the Board of Education's participation in the North Carolina School Boards Trust or equivalent non- insurance risk pool; and as to casualty insurance it shall be satisfied through the North Carolina School Insurance Fund. It is expressly understood that the Board of Education shall not assume the County's obligation under current or future financing contracts involving the Leased Property, if any, to pay the Installment Payments and that the Board of Education shall not indemnify the County or any other  contracts tos such installment payments.  for third-party claims asserted against any party to same relating to the payment party of  Section 8.2 Transfer of Obligations. The Board of Education shall carry out the County's obligations under applicable contracts with respect to the construction of the Project as set forth in the Section 8.3 Board of Education's General Covenant. The Board of Education further undertakes not to take or omit to take any action the taking or omission of which would cause the County to be in default in any manner under applicable contracts, including as applicable making any use oft the Leased Property that would cause the County's obligations to make installment payments under such contracts to be "private activity bonds" within the meaning of the Internal Revenue Code of 1986, as  Memorandum of Agreement.  (CS: 00075372.DOC)  6    amended. If the Board of Education takes or omits to take any such action, then the Board of Education shall proceed with all due diligence to take such action as may be necessary to cure such default. Section 8.4 County's Cooperation. The County shall cooperate fully with the Board of Education in filing any proof of loss or taking any other action under this Lease. Neither the County nor the Board of Education may voluntarily settle, or consent to the settlement of, any proceeding ofany insurance claim with respect to the Leased Property without the other's written consent. arising Section 8.5 Advances; Performance of Obligations. If the Board of Education fails to any amount required to be paid by it under this Lease, or fails to take any other action required ofit under pay this Lease, then the County may (but is under no obligation to) pay such amount or perform such other obligation. The Board of Education agrees to reimburse the County for any such payment or for its costs  out  incurred in connection with performing such other obligation.  ARTICLE IX  DISCLAIMER OF WARRANTIES; OTHER COVENANTS  Section 9.1 Disclaimer of Warranties. THE COUNTY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MIERCHANTABILITY ORI FITNESS. FOR Al PARTICULAR PURPOSE OR FITNESSFOR/ APARTICULAR USEOFTHE LEASED PROPERTY OR ANY PART THEREOF OR ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE LEASED PROPERTY OR ANY PART THEREOF. The County is not liable for any direct or indirect, incidental, special or consequential damage in connection with or arising out oft this Lease or the existence, furnishing, functioning or use by anyone ofany item, product or serviçe provided for herein. Section 9.2 Further. Assurances; Corrective Instruments. The Board of Education and the County agree that they will, from time to time, execute, acknowledge. and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required for correcting any inadequate or incorrect description of the Leased Property hereby leased or  intended sO tol be, or for otherwise carrying out the intention hereof.  Section 9.3 Board of Education and County Representatives. Whenever under the provisions hereof the approval oft the Board ofEducation or the County is required to take soine action at the request of the other, unless otherwise provided, such approval or such request is to be Board of Education by the Board Representative and for the County by the County Representative, given and the Board of Education and the County are authorized to act on any such approval or request of such  for the  representative oft the other.  Section 9.4 Compliance with Requirements. During the Lease Term, the Board of Education and the County shall observe and comply promptly with all current and future orders of all courts having jurisdiction over the Leased Property or any portion thereof (or be diligently and in faith contesting such orders), and all current and future requirements of all insurance companies' written good  policies covering the Leased Property or any portion thereof.  ARTICLE: X  TITLETOLEASED PROFEATELANTATONSONI ENCUMBRANCES  Except for personal property purchased or leased by the Board of! Education at its own title to the Leased Property and any and all additions and modifications to or replacements of any expense, portion of the Leased Property shall be held in the County's name, subject only to Permitted Encumbrances, until conveyed as provided in this Lease, notwithstanding (a) the occurrence of any event of damage,  (CS: 00075372.DOC)  7    destruction, condemnation or construction or title defect or (b) the violation by the  of County any  provision of this Lease.  The Board of Education has no right, title or interest in the Leased Property or additions modifications to or replacements of any portion oft the Leased Property, except as any set forth and  this Lease.  expressly  in  ARTICLEXI  SUBLEASING ANDI INDEMNIFICATION  Section 11.1 Board of Education's Subleasing. The Board of Education  not County, permitted by  sublease the Leased Property, in whole or inj part, without the prior written consent oft the may assign which or  consent shall not be unreasonably withheld.  Section 11.2 Indemmification. Except as provided in Section 8.1, to the extent law, the Board of Education agrees to indemnify and save the County, its officers, harmless against and from all claims by or on behalf of any person, firm, corporation employees or other and agents arising from the operation or management of the Leased Property by the Board of Education legal entity Lease Term, including any claims arising from: (a)any condition of the Leased Property, (b) during the negligence of the Board of Education or of any ofi its agents, contractors or employees or violation any act of law by the Board of Education or breach of any covenant or warranty by the Board any of Education of hereunder; or (c) the incurrence of any cost or expense in connection with the construction and other accomplishment ofthe Project in excess oft the moneys available for the School and Construction Fund. The Board of] Education shall be notified promptly by Project the or proceeding brought in connection with any claims arising out of circumstances described County in any action  in the of Acquisition (a), (b) or  (c) above.  ARTICLE XII EVENTS OF DEFAULT  Section 12.1 Events of Default. Each of the following is an "Event Lease and the term "Default" means, whenever it is used in this Lease, any one or of more Defaull" of  under this the following  events:  (a) The Board of Education's or the County's failure to observe and perform any covenant, condition or agreement on its part to be observed or performed for a period of30 days after written notice specifying such failure and requesting that it be remedied has been given to the defaulting party by the non-defaulting party, unless the non- defaulting party agrees in writing to an extension of such time before its expiration; but if the failure stated in such notice cannot be corrected within the applicable period, the non- defaulting party shall not unreasonably withhold its consent to an extension of such time if corrective action is instituted by the defaulting party within the applicable period and diligently pursued until such failure is corrected and, further, ifby reason of any event or occurrence constituting force majeure the defaulting party is unable in whole or in part to carry out any of its agreements contained herein (other than its obligations contained in Section 6.2 or 8.1 hereof), the defaulting party shall not be deemed in default  the during  continuance ofs such event or occurrence.  (b) The dissolution or liquidation of the Board of Education, the Macon County Schools or the County or the voluntary initiation by thel Board of Education or the County of any proceeding under any federal or state law relating to bankruptcy,  (CS: 00075372.DOC)  8    insolvency, arrangement, reorganization, readjustment ofdebt or any other form of debtor relief, or the initiation against the Board of Education or the County of any such proceeding which shall remain undismissed for 60 days, or the entry by the Board of Education or the County into an agreement of composition with creditors or the Board of Education's or the County's failure generally to pay its debts as they become due. Section 12.2 Remedies on Default. Whenever any Event of Default has happened and continuing, the non-defaulting party may terminate this Lease or take whatever action at law or in is may appear necessary or desirable, including the appointment ofa a receiver, to collect the due, or to enforce performance and observance of any obligation, agreement or covenants amounts then  equity under this  Lease.  Section 12.3 No Remedy Exclusive. No remedy herein conferred on or reserved isi intended to be exclusive, and every such remedy is cumulative and in addition to every other remedy and every remedy now or hereafter existing at law or in equity. No delay or omission given to exercise right or power accruing on any default impairs any such right or power, and such may be exercised from time to time as may be deemed expedient. It is not any to right power order to be entitled to exercise any remedy reserved in this Article XII, other necessary than such give notice any notice in  hereunder and any as may be  required in this Article XII.  Section 12.4 Waivers. If any agreement contained herein is breached  thereafter waived by the other party, such waiver is limited to the be deemed to waive any other breach hereunder.  breach by either party and SO waived and will not  particular  Section 12.5 Waiver of Appraisement, Valuation, Stay, Extension and The Board of Education and County agree, to the extent permitted by law, that in the case Redemption ofai termination Laws. of the Lease Term by reason of an Event of Default, neither the Board of Education nor the any one claiming through or under either of them shall or will set up, claim or seek to take County nor of any appraisement, valuation, stay, extension or redemption laws now or hereafter in force advantage in order to prevent or hinder the enforcement of any remedy provided hereunder; and the Board of Education and County, for themselves and all who may at any time claim through or under either oft waives, to the full extent that it may lawfully do sO, the benefit ofsuch laws.  each the them, hereby  ARTICLE XIII MISCELLANEOUS  Section 13.1 Notices. All notices, certificates or other communications hereunder are have been received five business days after deposit in the United States mail prepaid, in certified be deemed to  sufficiently given if given by United States mail in certified form, postage  and will  prepaid, as follows:  form, postage  (a) Ifintended for the County, addressed to it at the following address:  County ofMacon, North Carolina 5West Main Street Franklin, North Carolina 28734 Attention: County Manager Macon County Schools  (b) Ifintended for the Board of Education, addressed to it at the following address:  (CS:0075372.DOC)  9    1202 Old Murphy Road Franklin, North Carolina 28734 Attention: Superintendent  Section 13.2 Binding Effect. This Lease is binding on and inures to the benefit of the Board Section 13.3 Net Lease. This Lease is a "net lease, " and the Board of Education shall  ofEducation and the County, subject, however, to the limitations contained in Article XI. absolutely net during the Lease Term all other payments required hereunder, free of  pay  without abatement or setoff.  any deductions, and  Section 13.4 Payments Due on Non-Business Days. Ifthe date for making the last day for performance of any act or the exercising of any right, as provided in this any payment is not or business day, such payment may be made or act performed or right exercised on the next. succeeding Lease, thati is a business day with the same force and effect as ifc done on the nominal date provided int this Lease. day Section 13.5 Severability. If any provision of this Lease, other than the requirement of the County to provide quiet enjoyment of the Leased Property, is held invalid or unenforceable of competent jurisdiction, such holding shall not invalidate or render unenforceable other by any  a  court provision  hereof.  any  Section 13.6 Execution in Counterparts. This Lease may be simultaneously executed  several counterparts, each of which is an original and all of which constitute but one  in  instrument.  and the samie  Section 13.7 Applicable Law. This Lease is governed by and to be construed in accordance Section 13.8 Captions. The captions or headings herein are for convenience only and in Section 13.9. Amendments and Further. Instruments. The County and the Board of] Education may, from time to time, execute and deliver such amendments to this Lease and such further instruments as may be required or desired for carrying out the expressed intention of this Lease, to the extent amendments are in compliance with contracts pertaining to use of the Leased Property for financing such Section 13.10. Memorandum of Lease. The County and the Board of Education before the Conveyance Date, file this Lease or a memorandum of this Lease legally sufficient shall, to on or with the relevant provisions of the North Carolina General Statutes with the Maçon  with the laws of the State ofl North Carolina.  way define, limit or describe the scope or intent of any provisions or sections of this Lease.  no  purposes, ifany.  comply  Deeds.  County Register of  Section 13.11 Effective. Date. This Lease is effective as oft the Conveyance Date. IN WITNESS HEREOF, the parties hereto have caused this Lease to be executed their by their duly authorized officers, all as ofthe day and year first above written.  names  in  corporate  Remainder of Page Intentionally Left Blank!  (CS: 00075372.DOC)  10    COUNTY OF MACON, NORTH CAROLINA  By:  [SEAL] Attest: Derek Roland  Jim Tate  Chairman, Board of Commissioners  Clerk to the Board of Commissioners STATE OF NORTH CAROLINA COUNTY OFMACON  I,al Notary Public of the County and State aforesaid, certify that Derek Roland (the personally came before me this day and acknowledged that he is the Clerk to the Board of Commissioners "Signatory") the County of Macon, North Carolina and that by authority duly given and as the act of said County, for foregoing instrument was signed in its name by the Chairman oft the Board of Commissioners oft the Macon, North Carolina and attested by him as Clerk to said Board of Commissioners. Icertify that the Signatory personally appeared before me this day, and  the County of  (check one ofthe following)  (Ihave personal knowledge of thei identity oft the Signatory); or identification with the Signatory's photograph int the form of: (ac credible witness has sworn to thei identity of the Signatory).  (IH have seen satisfactory evidençe of the Signatory's identity, by a current state or federal  (check one ofthef following) adriver's license or int the form of  ;or  The Signatory acknowledged to me that he voluntarily signed the foregoing document  stated therein and ini the capacity indicated.  for the purpose  Witness iny hand and official stamp or seal, this the  day ofMarch 2021. Notary Public  Print: Name:  [Note: Notary Public must signe exactly as on notary seal)  My Commission Expires: é [NOTARY SEAL] (MUST BE  Preaudit Statement Act.  FULLYLEGIBLE)  Thisi instrument has been preaudited in the manner required by the Local Budget and Fiscal Control  Lori M. Carpenter, County Finance Director  (CS:00075372.DoC)  II    [Counterpart: S signature page to the Lease]  THE MACON COUNTY BOARD OF EDUCATION  [SEALJ Attest: Dr. Chris Baldwin  By:  Jim Breedlove, Board Chair  Ex Officio Secretary to the Board of Education STATE OF NORTHCAROLINA COUNTY OF MACON  ) 1  I,al Notary Public of the County and State aforesaid, certify that Dr. Chris Baldwin (the Signatory"? personally came before me this day and acknowledged that hei is thel Ex Officio Secretary oft the Macon Board of Education (the "Board of Education' ) and that by authority duly given and as the act of said County Board ofl Education, the foregoing instrument was. signed ini its name by the Chairman of said Board of Education and  attested by him as Ex Officio Secretary ofs said Board of Education.  Icertify that the Signatory personally appeared before me this day, and (Ihave personal knowledge of the identity of the Signatory); or dentification with the Signatory'sp photograph in the form of: (ac credible witness has sworn to the identity of the Signatory).  (check one oft thej following) (check one ofthef following) adriver's license or in the form of_  (I have seen satisfactory evidence of the Signatory's identity, by a current state or federal  ;or  The Signatory acknowledged to me that she voluntarily signed the foregoing document for the  purpose stated therein and in the capacity indicated.  Witness my hand and official stamp or seal, this the  day of February 2021. Notary Public  Print: Name:  [Note: Notary Public must signe exactly as on notary seal] 8 [NOTARYSEAL) (MUST BE FULLY LEGIBLE)  My Commission Expires:  Preaudit Statement Act.  This instrument has been preaudited in the manner required by the School Budget and Fiscal Control  Angie Cook, School Finance Officer  (CS:0073372.DOC)  12    EXHIBIT A  LEGAL DESCRIPTION OF THE: SITE  BEING all oft that property comprising the Macon Middle School property, described in the following deeds, to-wit: that deed from Leonard Horn and wife, Leota M. Horn to the October 8, 1973, recorded in the Office oft the Register ofl Deeds for Macon County in County, Deed Book page 161, and that deed from the Board of Education to the County, dated August 29, the Office oft the Register ofl Deeds for Macon County ini Deed Book 0-20, deeds reference is hereby made for a more particular description.  dated recorded W-9, 1994, to which in  pages 160-163,  This conveyance is made subject to any easements of record for utilities and public roads.  (CS:0075372DOC)  13    STATE OF NORTH CAROLINA COUNTY OF MACON  LEASE. AGREEMENT  THIS AGREEMENT made and entered into this  day of March, 2021 by and  between the Macon County, a body politic and corporate ofthe State ofNorth Carolina, hereinafter called "County" and the Trustees of Southwestern Community College, a body corporate, which has general control and supervision ofall matters pertaining to Southwestern Community College with its principal place ofbusiness located in Sylva, North Carolina (referred  to. herein as "SCC").  WITNESSETH:  WHEREAS, The County and the Community College have previously agreed to cooperate in a plan (the "Project") for the purpose of providing space for SCC tol house and carry on educational and training for EMS, Fire/Rescue, Basic Lawl Enforcement(BLET), National Park Service Park Ranger Law Enforcement Academy (NPS-PRLEA), Detention Officer Certification Course (DOCC), In-service Training/Continuing Educations, and Specialized Training programs for the citizens ofMacon County and Western North Carolina (hereafter "Project").  WHEREAS, Pursuant to N.C. Gen. Stat. $153A-158.2 the County proposes to lease the Armory property, as described on Exhibit A (the Premises") under the following terms to SCC,  sO that SCC can operate the Project.  WHEREAS, SCCI has indicated a desire to accept the lease upon the terms hereof. WHEREAS, the County and SCC desire to enter into the Lease Agreement to outline their respective rights and responsibilities in the use oft the Premises for the Project. NOW THEREFORE for and in consideration of the mutual promises and agreements hereinafter set forth to be done and performed, it is understood and agreed as follows:  I.  GENERALLY. A. Use. Ownership. Access.  1. County hereby grants to SCCal Lease of the Premises for the purposes ofand upon the condition that SCC conducts its educational and training ofa and for EMS, Fire/Rescue, Basic Law Enforcement (BLET), National Park Service Park Ranger Law Enforcement Academy (NPS-PRLEA), Detention Officer Certification Course (DOCC), In-service Training/Continuing: Educations, and Specialized Training programs. SCC is prohibited from using the property in any other  manner unless iti is specifically approved by the County.    2. County is the owner in fee simple ofall property comprising the Premises and shall have reasonable access at all times to the buildings and premises subject to  the right of quiet enjoyment ofs SCC.  B. Term. The term of this Lease shall be for a period commencing on  2021 (the "commencement date") and terminating at midnight on the  same date twenty-five (25) years from the commencement date, unless otherwise terminated  before that date as set hereinafter. C. Independent Contractor.  SCC is an independent contractor, and not as an employee, partner, or agent of County. Nothing contained herein, shall be deemed to create a relationship of employment, association, partnership orj joint venture between SCC and County. SCC shall have no authority hereunder to take any action, create any obligation, make any commitment, incur any indebtedness, or enter into any contract on behalfofCounty  without County's express prior written consent.  D. Termination. Termination ofthis Lease shall be at the earlier ofany oft the following events, at which time SCC shall immediately surrender possession oft the Premises to the  County:  1. The end oft the term as set out inj paragraph B hereinabove; or 2. By the mutual written consent of the Parties; or  3. At least 180 days from prior written notice to the other in the event ofa breach of the terms oft this Agreement; provided that the breaching party shall have been given notice oft the alleged breach and shall have 120 days in which to cure such 4. At least 120 days from the date that the Premises are not used by SCC for the  breach, ifcurable; or  purposes specifically set out herein.  II. RESPONSIBILITIES OF COUNTY. Its shall be the responsibility of the County to:  A. Renovations: The County shall provide for and complete the renovations of the Armory Building in the ways and in the manner the County deems necessary and reasonable for B. Condition ofl Property, Maintenance and Repairs: County shall be responsible for reasonable and necessary maintenance oft the Premises, including, but not limited to HVAC maintenance and repair; however, SCC: shall reimburse the County for the cost of any repairs resulting from actions, or failures to act, or intentional acts ofSCC, its agents, C. Utilities: The County shall be responsible for the normal and customary utilities necessary and reasonable for SCC's use and purposes stated herein.  SCC's use of the Premises for the purposes stated hereinabove.  employees, servants and invitees.    D. During the term oft the Lease, County shall, at its sole expense, obtain and maintain the  following commercial insurances:  1. Fire insurance for the structure(s), fixtures, and equipment owned by the County; 2. Workers' compensation coverage at the statutory limits in compliance with applicable state and federal laws fori its own employees related to work to be 4. Nothing herein shall constitute a waiver ofg governmental immunity under North  performed in the two preceding paragraphs; 3. Liability coverage with policy limits of$1,000,000.  Carolina law.  III. RESPONSIBILITIES OFS SCC. Its shall be the responsibility of SCC to:  A. SCC will be responsible to pay fori items required fori its training programs associated with its stated Emergency Services Academic Program, including, but not limited to, teachers, B. Alterations and Improvements. SCC may, at SCC's expense, have the right, upon being granted County's express prior written consent, and which consent may be denied fora any or nor reason, to remodel, redecorate, and make additions, improvements and replacements ofand to all or any part oft the Premises from time to time as SCC may deem desirable, provided that the same are. made in a workmanlike manner and utilizing good quality materials. County may, at its sole discretion, require public bidding for contracts and/or Any such additions, improvements and replacements of and to all or any part ofthe Premises shall become and be considered a part oft the Premises and shall become the property ofCounty, its successors and/or assigns. Provided, however, such additions, improvements and repairs shall not be subject to county'smaintenance obligations. C.S SCC shall have the right to place and install personal property, equipment and other temporary installations associated with its Emergency Services Academic Program in and upon the Premises. AIl personal property, equipment, and temporary installations, whether acquired by SCC at the commencement oft the Lease term or placed ori installed in the Premises by SCC thereafter, shall remain SCC's property free and clear of any claim by County. SCC: shall have the right to remove the same at any time during the term(s)o of this Agreement provided that all damage to the Premises caused by such removal shall be D. During the term of the Lease, SCC shall, at its sole expense, obtain and maintain the  burn materials, training materials/books, etc.  require performance and payment bonds for the project.  repaired by SCC at SCC'sexpense. following commercial insurances:  1. Workers' compensation coverage at the statutory limits in compliance with applicable state and federal laws for SCC employees. SCC shall ensure that any    subcontractors also have workers compensation coverage at the statutory limits. Employer's liability coverage with minimum limits of$ $1,000,000 each accident/51,000,000 disease each mployee'51,00,000 disease policy limit; 2. Commercial general liability insurance covering all operations performed by SCC with minimum policy limitsof$1,000,000 per occurrence and $3,000,000 3. Business Automobile liability insurance for all owned, hired, and non-owned vehicles used in connection with this Agreement. The minimum combined single limit per occurrence shall be $1,000,000 and ifapplicable, shall include ninsured/underinsured motorist coverage per NCGS 20-279-21; 4. Professional liability insurance covering SCC'sacts, errors, or omissions ona claims-made basis with a minimum limit of$1,000,000 and $3,000,000 aggregate; 5. SCC: shall provide the County with certificates ofinsurance evidencing the above amounts. All liability certificates shall name Macon County as additional insured 6. SCC: shall not be obligated to maintain property insurance on its furnishing, fixtures, equipment and personal property. All furnishings, fixtures, equipment, and property ofevery kind and description ofSCC and of persons claiming by, through or under SCC which may be on the Premises grounds or in or about Premises shall be at the sole risk and hazard of SCC and no part of loss or damage tos such property from whatever cause shall be charged to, or borne by, County.  aggregate;  under the policies;  E. SCC shall maintain the Premises in a clean, neat and orderly condition, including but not limited to: general housekeeping, operation and maintenance of] Premises to insure that the property will appear attractive and inviting to the public; keeping the interior and exterior ofthe building in a clean and orderly condition; provide for trash collection and removal; insure that all recyclable materials including but not limited to plastic bottles and aluminum cans are separated from the regular trash and placed ini the appropriate recycling receptacle; cleaning of all restrooms and furnish supplies.  F. The County may notify the SCC ofany objectionable or unsightly conditions with regard tot the Premises and SCC shall have three (3) working days following notification to G.I Itis understood and agreed that if the property becomes idle and unused for any period of H. SCC agrees its use oft the Premises during the term oft this Agreement shall be done in  correct the deficiency.  time exceeding 120 days, this Agreement shall become null and void.  compliance with all federal, state and local laws.  IV. MUTUAL INDEMNITY.    The Parties shall, to the extent permitted by applicable law, at all times indemnify, defend, and save the other Party harmless from, any and all damages, losses, claims, including claims and actions relating to injury to or death of any person or damage to property, demand, suits, recoveries, costs and expenses, court costs, attorney fees, and all other obligations by or to third parties, arising out ofo or resulting from the other Party's action or inaction ofi its obligations under this Agreement on behalfofthe indemnifying Party, except in cases of gross negligence or intentional wrongdoing by the indemnified Party. Nothing herein shall serve to abrogate or waive any sovereign or governmental immunity enjoyed by either or both oft the Parties and ift this paragraph is construed by a court of competent jurisdiction to be such, such paragraph or provision shall be void.  V. FIRE OR OTHER CASUALTY.  If, during the term oft this Lease, the Premises shall be or become damaged by fire, the elements, or any other casualty, such damage shall be repaired by the County, unless the structure/building located on said Premises is destroyed to the extent that substantial alteration or reconstruction ofthe building shall, in the County's sole opinion, be required, at which time the County may terminate this Lease. In no event shall County be required to repair any  damage to any property installed by or owned by SCC.  VI. MISCELLANEOUS.  A. Assignment and Subleasing. SCC shall not transfer or assign all or any interest in this Agreement. SCC shall have no right to sublet all or any part oft the Premises. B. Taxes and Assessments. County shall pay any taxes, assessments, charges, fees or Leases attributable to its use oft the Premises, including any increase in real property taxes and . Mechanics Liens. SCC shall not suffer or permit any mechanic's, laborer's, or materialman' s lien to be filed against the Premises by reason or work, labor, services, of materials requested and supplies claimed to have been requested by SCC; and ifsuch lien shall at any time be SO filed, within fifteen (15) days after notice oft the filing thereof, SCC shall cause it to be cancelled and discharged of record. Int the event SCC does not cause such lien to be cancelled and discharged oft record, County may terminate this Lease. and D. Ownership of Improvements: During the Term all currently existing Improvements shall be solely the property of the County. All other Improvements which may be added by SCC (which do not constitute replaçements ofe existing Improvements) shall be the property of SCC, but at the end ofthe Term, all then-existing Improvements shall be the property oft the County. However, upon expiration or earlier termination ofthis Lease, SCC: shall have the right to remove all movable equipment, furniture, furnishings and other personal property that it purchased or provided and located in the Premises and other items not permanently attached to the Premises provided that SCC repairs any damages  any use, occupancy, and/or personal property taxes.  proceed in accordance with applicable law.  caused by the removal of such items.    E. Notice. The parties hereby acknowledge that all written notices relative to this Lease shall be served upon the parties in writing and shall be deemed properly served only when delivered by one ofthe following methods: hand delivered, overnight courier, or posted by certified United States mail, return receipt requested, addressed to the party to whom directed at the following addresses or at such other addresses as may be from time to time  designated in writing: To County:  County ofMacon 5 West Main Street Franklin, NC 28734 Attn: County Manager  ToSCC:  Southwestern Community College  447 College Dr. Sylva, NC28779 Attn:  F. Governing Law. Claims, disputes and/or other matters in question between the parties that are. not resolved by mediation shall be heard in the North Carolina General Courts of Justice in Franklin, Macon County, North Carolina, which said Court shall have jurisdiction to hear any dispute between the parties arising out ofthis agreement. The Parties hereby agree that this paragraph establishes exclusive and solej jurisdiction for any  legal proceeding in Macon County, North Carolina.  G. Mediation.  1. Any claim, dispute, or other matter in question arising out of or related to this Agreement shall be subject to voluntary non-binding mediation as a condition precedent to the institution ofl legal or equitable proceedings by either party. Ifthe parties are unable to agree upon a certified mediator to hear their dispute, the Resident Superior Court. Judge for Macon County shall name a mediator for the 2. The parties shall equally share the mediator's fee. The mediation shall be held in Franklin, NC at a location designated by the mediator selected to mediate the  matter. matter.  H. Severability. Should any provision or provisions contained in this Lease be declared bya a court ofcompetent jurisdiction to be void, unenforceable or illegal, such provision or provisions shall be severable and the remaining provisions hereofshall remain in full . Entirety. This Lease contains the entire Agreement of the parties and may not be modified, except by an instrument in writing and signed by both parties.  force and effect.        IN WITNESS WHEREOF, the parties hereto have executed and attested this Agreement their  officers thereunto duly authorized as of the day and year first written above.  by  [Signature Pages Follow]  This the  day of March, 2021  THE TRUSTEES OF SOUTHWESTERN COMMUNITY COLLEGE  [SEAL] Attest:  By:  Chairperson oft the Board of Trustees  President and Ex-Officio Secretary Approved as to Form:  Dean Shatley SCC Attorney    [Counterpart signature page to the Agreement  This the  day of March, 2021  COUNTY OF MACON, NORTH CAROLINA  [SEAL]  James P.Tate Commissioners  Chairman oft the Macon County Board of  Attest:  Mike Decker  Clerk to the Board ofCommissioners  Approved as to Form:  Kimberly N. Carpenter  Macon County Interim County Attorney    [Counterpart signature page to the Agreement]  Exhibit "A" Description of Premises  Macon Co. PIN: Location:  A portion of6574539519 192 Industrial Park Loop Franklin, NC  Macon Co. PIN: Location:  A portion of 6574539519 192 Industrial Park Loop Franklin, NC  Being aj portion of the property known as the "National Guard Armory" property described in a deed recorded in Deed Book 0-39, Page 516, Macon County Public Registry and more particularly being the 2.98 acres, "Tract A" as shown on a survey dated March 12, 2020, as revised on March 2, 2021 to add Tracts A and B, by Sprinkle Surveying, PA, PLS, NCBELS License No. C-1665 entitled "Survey for Macon County National Guard Armory Site PIN This leasehold interest is made and given subject to a right of way easement for access to and from Industrial Park Look (SR 1171) for the benefit oft the leaseholder ofTract B (2.50 acres), which easement is more particularly shown and described as the "Paved Drive/Parking" areas on  6574539519" and as recorded in Plat Cabinet  Macon County Public Registry.  the above referenced recorded plat.    THE TRUSTEES OF SOUTHWESTERN COMMUNITY COLLEGE  COUNTY OF MACON, NC    STATE OF NORTH CAROLINA COUNTY OF MACON  LEASE AGREEMENT  THIS AGREEMENT made and entered into this  day ofMarch, 2021 by and  between the Macon County, a body politic and corporate ofthe State ofNorth Carolina, (hereinafter referred to as "County") and the Trustees of Southwestern Community College,a body corporate, which has general control and supervision ofall matters pertaining to Southwestern Community College with its principal place ofb business located in Sylva, North  Carolina (hereinafterreferred to herein as "SCC").  WITNESSETH:  WHEREAS, SCC has obtained an approved NCCCS: 3-1 form on  for the  purpose ofthe construction ofa Class A/B pre-fabricated training/burn building on SCC owned  property;  WHEREAS, since that time, the County pursuant tol N.C. Gen. Stat. $153A-158.2 has agreed to lease lands to SCC for the purposes of the construction ofand use ofthe above referenced training/burn building for training and educational purposes (the "Project") on the premises described in Exhibit A hereto (the "Premises")c contingent upon an approved NCCCS 3-  1form for the Project upon the Premises herein described;  WHEREAS, SCC has indicated a desire to accept the lease upon the terms herein provided and contingent upon an approved NCCCS 3-1 form reflecting the approval ofand funding for the construction oft the training/burn building located upon the Premises referenced  herein;  WHEREAS, the County and SCC desire to enter into the Lease Agreement to outline their respective rights and responsibilities in the use oft the Premises for the Project. NOW THEREFORE for and in consideration of the mutual promises and agreements hereinafter set forth to be done and performed, it is understood and agreed as follows:  I.  GENERALLY. A. Use. Ownership. Access.  1. County hereby grants to SCCal Lease of the Premises for the purposes ofsCC's construction and use ofa Class A/B pre-fabricated training/burn building located on the property described in Exhibit A, use oft the outbuilding located thereon and tol have access to said lands for training and educational purposes carried out by SCC. SCC is prohibited from using the property in any other manner unless itis  specifically approved by the County.    The parties hereto understand and agree that this lease is contingent upon the appropriate approval ofa NCCCS 3-1 reflecting the funding for the Project referenced herein which includes the construction oft the training/burn building located upon the Premises within 180 days from the signing oft this Lease 2. County is the owner in fee simple ofall property comprising the Premises and shall have reasonable access at all times to the buildings and premises subject to  Agreement.  the right of quiet enjoyment ofsCC.  B. Term. The term of this Lease shall be for aj period commencing on  2021 (the "commencement date") and terminating at midnight on the  same date twenty-five (25)years from the commencement date, unless otherwise terminated  before that date as set hereinafter. C.I Independent Contractor.  SCCi is an independent contractor, and not as an employee, partner, or agent of County. Nothing contained herein, shall be deemed to create a relationship of employment, association, partnership orj joint venture between SCC and County. SCC shall have no authority hereunder to take any action, create any obligation, make any commitment, incur any indebtedness, or enter into any contract on behalfofCounty  without County's express prior written consent.  D. Termination. Termination ofthis Lease shall be at the earlier ofany of the following events, at which time SCC shall immediately surrender possession oft the Premises to the  County:  1. The end of the term as set out inj paragraph B hereinabove; or 2. By the mutual written consent of the Parties; or  3. At least 180 days from prior written notice to the other in the event ofal breach of the terms oft this Agreement; provided that the breaching party shall have been given notice oft the alleged breach and shall have 120 days in which to cure such 4. At least 120 days from the date that the Premises are not used by SCC for the 5. Within 180 days from the signing ofthis Lease Agreement in the event there is no appropriate approval ofar revised NCCCS 3-1 reflecting the Project contemplated herein which includes the construction oft the training/burn building located upon  breach, ifo curable; or  purposes specifically set out herein; or  the Premises.  II. RESPONSIBILITIES OF COUNTY. Itshall be the responsibility oft the County to: following commercial insurances:  A. During the term oft the Lease, County shall, at its sole expense, obtain and maintain the    1. Firei insurance fort the structure(s), fixtures, and equipment owned by the County; 2. Workers' compensation coverage at the statutory limits in compliance with applicable state and federal laws for its own employees related to work to be 4. Nothing herein shall constitute a waiver ofgovermmental immunity under North  performed in the two preceding paragraphs; 3. Liability coverage with policy limits of$1,000,000.  Carolina law.  III. RESFOASIBLITISOFsCC. Its shall be the responsibility ofsCC to:  A. SCC will be responsible construction of any and all improvements as set out in the approved NCCCS3-1 form for the project referenced herein in accordance with the 3-1. B. SCC shall have the right to place and install personal property, equipment and other temporary installations associated with its use oft the Premises for training and educational C. During the term of the Lease, SCC shall, at its sole expense, obtain and maintain the  uses as set out herein.  following commercial insurances:  1. Workers' compensation coverage at the statutory limits in compliance with applicable state and federal laws for SCC employees. SCC shall ensure that any subcontractors also have workers compensation coverage at the statutory limits. Employer's liability coverage with minimum limits of$1,000,000 each accident/$1,000,000 disease each mployee/1,000,000 disease policy limit; 2. Commercial general liability insurance covering all operations performed by SCC with minimum policy limits of$1,000,000 per occurrence and $3,000,000 3. Business Automobile liability insurance for all owned, hired, and non-owned vehicles used in connection with this Agreement. The minimum combined single limit per occurrence shall be $1,000,000 and ifapplicable, shall include uminsured'underinsured motorist coverage per NCGS 20-279-21; 4. Professional liability insurance covering SCC's acts, errors, or omissions ona claims-made basis with ai minimum limit of$1,000,000 and $3,000,000 aggregate; 5. SCC shall provide the County with certificates ofinsurance evidencing the above amounts. All liability certificates shall name Macon County as additional insured 6. SCC shall not be obligated to maintain property insurance on its furnishing, fixtures, equipment and personal property. All furnishings, fixtures, equipment, and property ofevery kind and description of SCC and of persons claiming by,  aggregate;  under the policies;    through or under SCC which may be on the Premises grounds or in or about Premises shall be at the sole risk and hazard of SCC and no part of loss or damage tos such property from whatever cause shall be charged to, or borne by, County.  E. SCC shall maintain the Premises ina ac clean, neat and orderly condition, including but not limited to: general housekeeping, operation and maintenance ofPremises to insure that the property will appear attractive and inviting to the public; keeping the interior and exterior oft the building in a clean and orderly condition; provide for trash collection and removal; insure that all recyclable materials including but not limited to plastic bottles and aluminum cans are separated from the regular trash and placed in the appropriate recycling receptacle; cleaning of all restrooms and furnish supplies. F.T The County may notify the SCC ofa any objectionable or unsightly conditions with regard tot the Premises and SCC shall have three (3) working days following notification to G. Itis understood and agreed that ifthe property becomes idle and unused for any period of H. SCC agrees its use ofthe Premises during the term ofthis Agreement shall be done in  correct the deficiency.  time exceeding 180 days, this Agreement shall become null and void.  compliance with all federal, state and local laws.  IV. MUTUAL INDEMNITY.  The Parties shall, to the extent permitted by applicable law, at all times indemnify, defend, and save the other Party harmless from, any and all damages, losses, claims, including claims and actions relating toi injury to or death ofa any person or damage to property, demand, suits, recoveries, costs and expenses, court costs, attorney fees, and all other obligations by or to third parties, arising out of or resulting from the other Party's action or inaction ofits obligations under this Agreement on behalf ofthe indemnifying Party, except in cases of gross negligence ori intentional wrongdoing by the indemnified Party. Nothing herein shall serve to abrogate or waive any sovereign or governmental immunity enjoyed by either or both oft the Parties and ift this paragraph is construed by a court of competent jurisdiction to be such, such paragraph or provision shall be void.  V. FIRE OR OTHER CASUALTY.  If, during the term ofthis Lease, the Premises shall be or become damaged by fire, the elements, or any other casualty, such damage shall be repaired by the County, unless the structure/building located on said Premises is destroyed to the extent that substantial alteration orr reconstruction of the building shall, in the County'ss sole opinion, be required, at which time the County may terminate this Lease. In no event shall County be required to repair any  damage to any property installed by or owned by SCC.  VI. MISCELLANEOUS.    A. Assignment and Subleasing. SCC shall not transfer or assign all or any interest in this Agreement. SCC shall have no right to sublet all or any part ofthe Premises. B. Taxes and Assessments. County shall pay any taxes, assessments, charges, fees orl Leases attributable to its use oft the Premises, including any increase in real property taxes and C. Mechanics Liens. SCC shall not suffer or permit any mechanic's, laborer's, or materialman's lien to be filed against the Premises by reason or work, labor, services, of materials requested and supplies claimed to have been requested by SCC; and ifs such lien shall at any time be sO filed, within fifteen (15) days after notice ofthe filing thereof, SCC shall cause itt to be cancelled and discharged of record. In the event SCC does not cause such lien to be cancelled and discharged ofr record, County may terminate this Lease and D. Ownership ofI Improvements: During the Term all currently existing Improvements shall be solely the property ofthe County. All other Improvements which may be added by SCC (which do not constitute replacements of existing Improvements) shall be the property ofsCC, but at the end oft the Term, all then-existing Improvements shall be the property ofthe County. However, upon expiration or earlier termination ofthis Lease, SCC shall have the right to remove all movable equipment, furniture, furnishings and other personal property that it purchased or provided and located in the Premises and other items not permanently attached to the Premises provided that SCC repairs any damages E. Notice. The parties hereby acknowledge that all written notices relative to this Lease shall be served upon the parties in writing and shall be deemed properly served only when delivered by one ofthe following methods: hand delivered, overnight courier, or posted by certified United States mail, return receipt requested, addressed to the party to whon directed at the following addresses or at such other addresses as may be from time to time  any use, occupancy, and/or personal property taxes.  proceed in accordance with applicable law.  caused by the removal ofs such items.  designated in writing: To County:  County of Macon 5 West Main Street Franklin, NC 28734 Attn: County Manager  ToSCC:  Southwestern Community College 447 College Dr. Sylva, NC 4 28779 Attn:  F. Governing Law. Claims, disputes and/or other matters in question between the parties that are not resolved by mediation shall be heard in the North Carolina General Courts of Justice in Franklin, Macon County, North Carolina, which said Court shall have    jurisdiction to hear any dispute between the parties arising out oft this agreement. The Parties hereby agree that this paragraph establishes exclusive and solej jurisdiction for any  legal proceeding in Macon County, North Carolina.  G.N Mediation.  1. Any claim, dispute, or other matter in question arising out of or related to this Agreement shall be subject to voluntary non-binding mediation as a condition precedent to the institution of legal or equitable proceedings by either party. Ifthe parties are unable to agree upon a certified mediator to hear their dispute, the Resident Superior Court Judge for Macon County shall name a mediator for the 2. The parties shall equally share the mediator's fee. The mediation shall be held in Franklin, NC. at a location designated by the mediator selected to mediate the  matter. matter.  H. Severability. Should any provision or provisions contained in this Lease be declared by a court ofcompetent jurisdiction to be void, unenforceable ori illegal, such provision or provisions shall be severable and the remaining provisions hereof shall remain in full I. Entirety. This Lease contains the entire Agreement oft the parties and may not be modified, except by an instrument in writing and signed by both parties.  force and effect.  IN WITNESS WHEREOF, the parties hereto have executed and attested this Agreement  by theirofficers thereunto duly authorized as ofthe day and year first written above.  [Signature Pages Follow]    This the  day ofMarch, 2021  THE TRUSTEES OF SOUTHWESTERN COMMUNITY COLLEGE  [SEAL] Attest:  By:  Chairperson oft the Board ofTrustees  President and Ex-Officio Secretary Approved as to Form:  Dean Shatley SCC Attorney  [Counterpart signature page to the Agreement    This the  day of March, 2021  COUNTY OF MACON, NORTH CAROLINA  [SEAL]  James P. Tate Commissioners  Chairman of the Macon County Board of  Attest:  Mike Decker  Clerk to the Board of Commissioners  Approved as to Form:  Kimberly N. Carpenter  Macon County Interim County Attorney  [Counterpart signature page to the Agreement    Exhibit"A" Description of Premises  Macon Co. PIN: Location:  Aj portion of6574539519 192 Industrial Park Loop Franklin, NC  Being a portion oft the property known as the "National Guard Armory" property described in a deed recorded in Deed Book 0-39, Page 516, Macon County Public Registry and more particularly being the 2.50 acres, "Tract B" as shown on a survey dated March 12, 2020, as revised on March 2, 2021 to add Tracts A and B, by Sprinkle Surveying, PA, PLS, NCBELS License No. C-1665 entitled "Survey for Macon County National Guard Armory Site PIN This leasehold interest is made and given together with a right of way easement for access to and from said Premises described above from Industrial Park Loop (SR 1171), over and across other lands of Macon County and more particularly shown and described as the "Paved Drive/Parking"  6574539519" and as recorded: in Plat Cabinet  Macon County Public Registry.  areas on the above referenced recorded plat.    THE TRUSTEES OF SOUTHWESTERN COMMUNITY COLLEGE  COUNTY OF MACON, NC    RITTER ARGIITECTURE. PA.  COMMERCIAL  INDUSIRIAL  RETAIL  HOSPITALITY  7February 2021 5 West Main Street Franklin, NC 28734  P.0. Box 668 Franklin, NC28744 Ph: 828-369-6611 Fax: 828-369-6619 omuriterarchrecture com  Macon County Board ofCounty Commissioners  Re: Proposed Macon Transit Facility Expansion Franklin, Macon County, North Carolina Architect's! Project Number 20-92358  38 PennellLane  Attn: Mr.. Jack Morgan Agent for Owner Dear Mr. Morgan:  In response to your request, RITTER ARCHITECTURE, P.A., is pleased tos submit this proposal for comprehensive Architectural and Engincering Services relative to the  aforementioned project. PROPOSAL/SCOPE OF WORK:  GENERAL: 1)  Meet with Owner's Representative to discuss and determine project parameters  and project intent. (meeting occurred September 9, 2020)  ARCHITECTURAL: 1)  Provide Comprehensive Architectural and Engineering Bid and Construction documents for the proposed 1,200 square foot, single story, facility expansion to bel located on the existing Macon County Transit property in Franklin, Macon  County, North Carolina. Facility to include:  a. Approximately 698 square foot mult-Purpose/raining room, b. Approximate 240: square foot Executive Office, d. Public Toilet Room and Waiting Room for Transit patrons. Minor adjustments to appliances and cabinetry within the existing Covered Porte-Cochere for Patron Transfer Station.  C. Interior Storage Room, Breakroom.    2) 3)  Construction documentation to comply with the current version oft the North  Carolina State Building Code (2018) Construction documentation to include: Foundation Plan b. Ground Floor plan, Exterior Elevations, d. Building Sections and Wall Sections,  Detail, General Notes, Outline Specifications, and Miscellaneous Schedules. Structural Engineering design and detailing, as necessary. to allow load distribution from ridge to grade below. A shallow foundation system, reinforced concrete floor slab, wood framed exterior bearing walls, non- load bearing wood framed interior walls, and common pre-enginecred wood roof russes are anticipated to be included at this time.  Mechanical, Electrical and Plumbing Engineering Drawings and Specifications. as necessary, to depict design intent and product  incorporation.  4.) Architect'smonthly Application for Payment reviews and approvals based upon 5.) Bid Coordination / Construction Contract Administration and shop drawings reviews based upon an anticipated 4 month (120day) Construction Schedule.  in a ticipated A nonth (120dmy)Cosiruction schedule.  6.) Miscellaneous:  A. Architect shall comply with the e-verification requirements of Article? 2 of Chapter 64 ofthe General Statutes. Further, ifit utilizas a subcontrecion, Architect shall require the subcontractor to comply with the e-verification requirements of Article 2 ofChapter 64 of the General Statutes. 3, That notwi.hstanding anything to the contrary conteined herein, the Construction Contract Documents to be provided by Architect shall includea non-bindingn mediation agreement which preserves the option of either party 10 go to court asrequired by N.C. Gen, Stat. 8 143- 123(1)andi this provision . Architect shall teke all: steps ecessary to cause Oyerte completely comply with the provisions ofC Chapter 143, Article 8 ofthe North Carolina General Stetutes in conneation with Project which is the subjeutrettercfihis Agreement and will assist Legal Counsel for Owner in making any required certifications t0 the N.C. Local Government Commissicn or Lenders in D. Architect shal! take all steps necessary to insure E-Verification compliance by Building Contractor in all contract documents specificd by this  shall control.  connection with the same.  Agreement.  RITTER AGIITECTLRE. PA.    TERMS OF PROPOSAL:  This offer shall remain outstanding. fora acceptance. for a period ofthirty (30) days from the date lip poposal may beterminated by either party, with cause, upon seven( (7) days written notice to the other party, should such party fail to perform its obligations in accordance with the terms thereof. In the avent oftermination. Architect shal! be compensated fer services performed to Ithis proposa! meetswith your approval, please sign on the line providad below. This office will then prepare: a formalizad AIAOaner/Archiect agreement. which is: satisfectory to boih parties  hereof.  mination date, including miscellancous expenses then due.  fereto, ferexecurion PRE-AUDIT CERTIFICATE: and Fiscal Control Act. Thist the  This instrument bas heen pre-audited in the mannor required by the Loellavemment Budget  dayof  2021.  Macon County Finance Officer  Sincerely.  NITT/ARCIYIC/LRE. P.A,  pakk  Thomas E. Ritter. sijsrvAehi etofR.ccc  Siyane  Title  Date  RITTER ARCIIECTURE. PN.    PROPOSEO FACIUTY ADDITION FOR MACONICOUNTY TRANSIT xXX: PENNELL: LANE FRANKUN, MACON COUNTY, NORTH CAROLINA    AJ PROPOSED FACILITY ADDITION FOR: : MACON COUNTYTRANST xxx PENNELL LANE FRANKLIN, MACON COUNTY, NORTH CAROUNA    STATE OF NORTH CAROLINA  DEPARTMENT OF TRANSPORTATION  ROY COOPER GOVERNOR  J.I ERIC BOYETTE SECRETARY  March 1,2021  Macon County Commissioners James Tate, Chairman Courthouse Annex 5 West Main Street Franklin, NC28734 Attention: Mr. James Tate  Re: SR1659, Dowdle Mtn. Rd. Proposed. Abandonment  Dear Mr. Tate:  Property owner Mark Berry ofl BB&R LLC has contacted our Andrews District Office and requested North Carolina Department ofTransportation abandon 275 feet oft the old Dowdle Mountain Road, SR1659, from the State Maintained Road System in Macon County. Our office has investigated this request and found no adverse effects to the remaining and adjacent State Iam, therefore, requesting the Macon County Board of Commissioner's consideration in adopting a1 resolution to abandon the proposed segment of SR1659, beginning at survey station 10+35 and ending at survey station 13+10, from the State Maintained Road System in Macon  Highway System resulting from this proposed abandonment.  County.  Supporting documentation and mapping are attached for your reference.  Please feel free to contact me at 828)321-4105 should you have any questions concerning this  matter. Sincerely, AMPY RUSEULRE. Andy Russell, P.E. District Engineer  cc: Mrs. Wanda Austin P.E., Division Engineer  Mr. Mitchell Bishop, P.E., Division Construction Engineer Mr. Mark Hill, P.E., Macon County Maintenance Engineer Mr. Austin Phillips, Transportation Engineering Associate  Mailing Address: NCI DEPARTMENT OF1 TRANSPORTATION ANDREWS DISTRICT OFFICE 1911 ROBBINSVILLEROAD ANDREWS, NC28901  Telephone: (828)321-4105 Fax: (828)321-3228 Customer Service: 1-877-368-4968 Website: WwW. ncdot. gov  191  Location: ROBBINSVILLEROAD ANDREWS, NC28901    RESOLUTION REQUESTING ABANDONMENT OFSTATEROAD1659 ALSO KNOWN AS DOWDLE MOUNTAINI ROAD  North Carolina CountyofMacon  Road Description: State Road 1659, Dowdle Mountain Road  WHEREAS, Mr. Mark Berry has submitted a North Carolina Department ofTransportation (NCDOT) Abandonment Petition, requesting that the North Carolina Department of Transportation abandona section of what was previously Dowdle Mountain Road and remove it from the state maintained road WHEREAS, Mr. Berry is the only property owner ont this section of Dowdle Mountain Road; and WHEREAS, pursuant to $153A-241, County Boards of Commissioners have no authority to close roads that are under the control and supervision of the department ofTransportation, and public WHEREAS, the Macon County Board of Commissioners is in support of Mr. Berry'srequest: for the THEREFORE, the Macon County Board ofCommissioners respectfully request the North Carolina Department ofTransportation abandon this section of State Road 1659, Dowdle Mountain Adopted by the Macon County Board of Commissioners at a regular meeting on the  system; and  NCDOTabandonment of SR1659.  and Road, day of  remove  it from the State Maintained Road System.  2021.  James Tate, Chairman  Macon County Board of Commissioners  Derek C. Roland, County Manager Official Clerk to the Board OFFICALSEAL    qo-heW  PLNIDONS dIz GNE 6 680I+99 'VIS SS+29 o/S Id -SA- 19 SA BE OU -24- 8y  0 0 E86 a zou  3N7  IOLIS A19S    S    PDA RCAECO    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - CONSENT AGENDA  MEETING DATE: March 9,2021  Item 12A. Minutes from the February 4, 2021 continued session. are Item 12B. Budget Amendments #185-189 are attached for your review and Item 12C. Approval of a refund in the amount of $4,000 to Dr. Nathan Brenner stemming from the purchase of a panoramic X-ray machine. Mr. Roland polled the board members individually regarding this matter and received a consensus allowing the refund. Supporting documentation is Item 12D. Approval of tax releases in the amount of $858.15 for the month Item 12E. A copy of the ad valorem tax collection report, which shows and overall 96.17 percent collection rate as of February 28, 2021. No action is  attached for your review and approval. (Mike Decker)  approval. (Lori Carpenter)  attached.  ofFebruary 2021. (Teresa McDowell).  necessary. (Teresa McDowell)    MACON COUNTY BUDGET AMENDMENT AMENDMENT# 185 FROM: FINANCE DEPARTMENT: TRANSIT EXPLANATION: ACCOUNT 11-3839-4850-00 11-4935-5565-03  Insurance Claim DESCRIPTION Insurance Settelment  INCREASE DECREASE $ 3,093.00  Vehicle Repairs and Maintenance $ 3,093.00  REQUESTED BY DEPARTMENT HEAD: RECOMMENDED BY FINANCE OFFICER: APPROVED BY COUNTY MANAGER:  Kim Angel  Cprafpato  ACTION BY BOARD OF COMMISSIONERS: 39paLmertinyg  APPROVED AND ENTERED ON MUNIS DATED:  CLERK:    MACON COUNTY BUPGETAMENDMENT AMENDMENT # 186 FROM: LindsayLeopard DEPARTMENT: Sheriff'sOffice  EXPLANATION: Appropriate donations for lunches for the COVID-19 Call Center staff and officers.  ACCOUNT 113850-445800 113344-435015 114310-568300  DESCRIPTION Donations Calendar Sales Meals  INCREASE $1,600.00 $2,000.00 $3,600.00  DECREASE  REQUESIEDBYDEPARIMENTHEAD. RECOMMENDED! BYFINANCEOFFICER APPROVED BY COUNTY MANAGER  -  6  ACTION BY BOARD OE. COMMISSIONERS 3/4/3021 mertly  APPROVEDAND ENTERER! ON MINUTES DATED  CLERK    MACON COUNTYBUDGET. AMENDMENT  AMENDMENT# DEPARTMENT EXPLANATION ACCOUNT  187 SOIL &V WATER  Appropriate! $92,513 ofE EEG funds for Cove Branch Project.  DESCRIPTION  INCREASE  DECREASE 92,513 92,513  113850 44572ENV/RONMENTAL ENHANCEMENT GRANT 114940 56171,ENV/BONMENTAL ENHANCEMENT GRANT  REQUESTED BY DEPARTMENTHEAD RECOMMENDED BY FINANCE OFFICER APPROVED BY COUNTY MANAGER ACTION BY BOARD OF APPROVED CLERK  en  ATIy 3/912021  COMMISSIONERS & ENTERED ON MINUTESDATED  meeby    MACON COUNTY BUDGET AMENDMENT  AMENDMENT# DEPARTMENT EXPLANATION ACCOUNT  188 Elections  Appropriate $36,335 of 2020 HAVA funds awarded tot the Board of Elections under Election Security Grants int the federal Consolidated. Appropriations Act of 2020t toi improve the administration off federal elections.  DESCRIPTION  INCREASE  DECREASE 36,335 36,335  113850 45717REVENUESBOE 114170 561102EAPENOTURESSOE  REQUESTED BY DEPARTMENT HEAD RECOMMENDED BY FINANCE OFFICER BY COUNTY MANAGER ACTION BY BOARD OF COMMISSIONERS APPROVED & ENTERED ON MINUTES DATED  lpdaulb  APPROVED CLERK  ALAp 319/2021  merby    MACON COUNTYBUDGET AMENOMENT  AMENDMENT# DEPARTMENT EXPLANATION ACCOUNT  189 Housing Administration  Move budgeted funds intot the various line items  DESCRIPTION  INCREASE  DECREASE 76,351 1,176 5,931 19,354 86 7,931 1,551 3,265 249 1,550 117,444  514009 550001 SALARY 514009 550005LONGEVITY 514009 50201,MEDIARE/HCA 514009 50209HOSPTAUZATION 514009 550206LIFE INSURANCE 514009 SO/RETREMENIGENERAL 514009 50701/COUNTY401K 514009 555106/CONTRACTED: SERVICES 514009 556001OFFICE: SUPPLIES 514009 556009UNIFORMS 514009 S/OPSIGIPEAIMERAN 514009 558901 TRAVEL 514009 559202,TELEPHONE: EXPENSE 513981 980011,TRANSFERI FROM GENERAL FUND  REQUESTED BY DEPARTMENT HEAD RECOMMENDEDI BYF FINANCE OFFICER APPROVED COUNTY BY ACTION BY BOARD OF COMMISSIONERS APPROVED & ENTERED CLERK  pt melhag  MANAGER ONN MINUTES DATED  3/7/2021    Derek Roland From: Sent: To: Subject: Attachments:  Nathan Brenner <nathanbrennerdmd@gmail.com> Sunday, January 24, 2021 3:43 PM Derek Roland Dental Clinic Panoramic xray Scan_0126.pdf  Hey Derek, as per our conversation here is some supporting documentation from Henry Schein Dental about the inability toi install the panoramic xray machine Ip purchased from the Adult Dental Clinic. When the technicians arrived at my office, they first called the: manufacturer about some technical questions before even unwrapping the unit. That is when they immediately were informed that the unit had an end oflifeof12/31/19. So even if the unit could be integrated with our computers and. software, there would be zero support available or any services that could bej performed and no parts available. Therefore the technicians said they would absolutely not recommend trying to install or even attempt to use. So we kept everything wrapped upJ just as we received it and simply moved it out oft the front desk area. Ihope this information helps, as Iam very disappointed with not being able to make use of the unit and am therefore still without one and having to look at other options. Thank you for your help with this important matter, and please let mel knowify you or anyone else has  any questions.  Nathan Brenner, DMD    MACON COUNTY 5WMAIN STREET FRANKLIN, NC 28734  Bill of Sale Date: December17,2020  Asset ID: ParpteItPPPa  Panoramic: x-ray machine  se Year: 2,01), Meter: N/A Saleinformation  Make/Brand: CRANGx NoVUS Model: Title Restriction: YES NO  VIN/Serial: 322554  Sale. Amount: Date Paid:  $4,000.00 FS261  12.17.20  Payment Method: CHCLE  yer maton Name: Address: Email: Phone:  Nathan Brenner  443 Harrison. Ave., Franklin, NC28734 nathanbrennerdmd@gmal.com 828-342-3236  Asset is sold as is, where is and without warranty. Once the asset is removed from the: seller's  premises there is no refund of monies previously paid. Buyer/Agent Signature Hh  Print Name Date  Nutn Bmnner /7/o    SHIP TO: 01541567 Nathan, Brenner Franklin Family Dentistry 443 Harrison Ave Franklin, NC 28734-2580 BILL TO: 01541566 Nathan Brenner. Franklin, Family Dentistry 443 Harrison Ave Franklin, NÇ 28734-2580  HENRY  SCHEINE  SERVICE INVOICE  Nathan Brenner Franklin Family Dentistry 443 Harrison Ave Franklin, NC 28734-2580  ORDER NOTES:  SA#: SA20122801310 Date Of Service: 12/29/2020  Activity Type: Regular Service Repair: Installation Technician: Shawn Mastroni TAX QTY UNITPRICE Y  Problem: Installation Equipment Make: LINE ITEM#  Cause: Installation  Model:  Serial Number:  DESCRIPTION  TOTALPRICE 427.44  Labor Hours: 002:03  SA NOTBS: removed 2 pan xrays. installed 1/o exposure switch. newer 2d pan XTay  unable to be installed because the drivers were out of date and no longer  supported  11024312 Arrival Fee Problem: Installation Equipment Make:  1  25.00  25.00  SA#: SA20122801309 Date Of Service: 12/29/2020  Activity Type: Regular Service Repair: Installation Technician: Keith Metcalf Y  Cause: Installation  Model:  Serial Number:  Labor Hours : 002:00  331.14  SA NOTES: Removed Gendex 8500. could not install Cranex Pan as it is End of Life  with no Drivers available  REFERENCE# 99181179 INVOICE# 88111492 INVOICE DATE 01/04/2021 ORDER# SR20122800880  Page: 1  Continued on Next Page.  LP300    RUND DATE:: 3/2/20211 10:49A AM NAME 952 FRANKS, EHHEIRS 952 FRANKS. EHHEIRS 100166 SHEPHERD, GARRY DALE 700166 SHEPHERD. GARRYC DALE 700166 SHEPHERD, GARRY DALE 734214 COWART,KEITH 734214 COWART,KEITH NETRELEASES PRINTED: TOTAL TAXES RELEASED  RELEASES REPORT Macon County  BILLNUMBER 2019-58 DY: RP.0000201018 CLERICAL ERROR CLERICAL ERROR CLERICAL ERRORMINERAL INTEREST REMOVED. 2020-58 DY: RP 0000201018 CLERICAL ERROR CLERICAL ERRORMINERAL INTEREST REMOVED. 2011-45308 DY: PERSONAL PROPERTY CLERICAL ERROR CLERICAL ERROR CLERICAL ERROR CLERICAL ERROR Equipment romoved! tromm Macon 2012-45308 DY: PERSONAL PROPERTY Co-. CLERIÇAL ERROR CLERICAL ERROR CLERICAL ERROR CLERICAL ERROR Equipmonl Romovod! Irom MaconCounly 2013-45308 DY PERSONAL PROPERTY CLERICAL ERROR CLERICAL ERROR Equipment Removed! trom! 2020-52892 DY: PERSONAL CLERICAL ERROR CLERICAL ERROR CLERICAL ERROR. 2020-75007 DY: MHeposed_ RP.6585997063 CLERICALE ERROR CLERICAL ERROR CLERICAL ERROR MHUnsound. 858.15  OPER DATE/TIME LAS 12/31/9999 10:55:40AM LAS 1231899103626AW 20AMREBNT  DISTRICT VALUE G01A ADVLTAX 2,250.00 AO FFEEFEE 2,250.00 TOTAL RELEASES: G01A ADVLTAX 2,250.00 TOTALRELEASES: G01 PENFEE 66,760.00 G01 ADVLTAX 66,760.00 F05A ADVLTAX 66,760.00 FO5PENFEE 66,760.00 TOTALRELEA G01 ADVLTAX 66,760,00 F05 PENFEE 66,760.00 GO1P PENFEE 66,760,00 F05A ADVLTAX 66,760.00 TOTALRELEASES F05A ADVLTAX 25,800.00 GO1 ADVLTAX 25,800.00 TOTALRELEASES L01F FFEEFEE 5,030.00 F01A ADVLTAX 6,030,00 GO1A ADVLTAX 5,030.00 TOTALRELEASES LO1F FFEEFEE 13,100.00 G01 ADVLTAX 13,100.00 FO1ADVLTAX 13,100.00 TOTALRELEASES  AMOUNT 8.43 5.00 13.43 8.43 8.43 18.63 186.26 37.39 3.74 246.02 186.26 3,74 18.63 37.39 246.02 8.45 41.98 50.43 108.00 18.85 2.74 129.59 108.00 49.09 7,14 164.23 858.15  ZAD 123109923936PM  ZAD" 12319993.00,56PM ZAD 12319993030PM ZAD 123199930405PM  PApnSery.        MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - APPOINTMENTS  MEETING DATE: March 9, 2021  13A. Board of Equalization and Review: Tax Administrator Abby Braswell is recommending reappointment of the current members of the county's Board of Equalization and Review. Those members are Dwight Vinson, Donald Holland, Gary Drake, Kristine Flaig and Richard Lightner. 13B. Planning Board: Planning, Permitting and Development Director Jack Morgan is recommending the reappointment of Glenn Hedden and Carroll Poindexter to the Macon County Planning Board. Term of appointment would be for three years. Each individual has served one term  Term ofa appointment is for one year.  on the board. Copies oft their applications are attached.    Print Form  Application for Appointment to Macon County Authorities, Boards, Commissions and Committees The Macon County Board of Commissioners believes all citizens should have the opportunity to Participate in governmental decisions. The Board wants to appoint qualified, knowledgeable and dedicated people to serve on authorities, boards and committees. Ifyoul have an interest in being considered for an appointment to any advertised vaçancy, please thoroughly complete the form below before the advertised deadline and choose from the following options.  Mail to: County Manager's Office 5 West Main Street Franklin, North Carolina 28734  or FAX to: 828-349-2400  Any Questions, please call the County Manager's Office at (828)349-2025  Name of Authority, Board or Committee applying for: Name LGWTEn Address P.0.Bex 546 Telephone: Home (928520032  CivlFzsnyh  NCZip 1287414  Work  Occupation CCMRNC  Business Address 356 GmeTbR RMBNEAAS  Email Address  Briefly explain any anticipated conflict ofinterest you) may have ifappointed:  VO Educational Background Lkhe Ceplsn Business and Civic Experiences/Skills: NdNe MEAAneIk Areas of Expertisé and! Interest/Skills:  Tx. a Lsfkbon opRLan  List any Authorities, Boards, Commissions or Committees presently serving on:  Mrco d SIGNATURE:  Bask  DATE:  aB  3/3/2/    Print Form  Application for Appointment to Macon County Authorities, Boards, Commissions and Committees Thel Macon County Board of Commissioners believes all citizens should have the opportunity to Participate in governmental decisions. The Board wants to appoint qualified, knowledgeable and dedicated people to serve on authorities, boards and committees. Ifyoul have ani interest in being considered for an appointment to any advertised vacancy, please thoroughly complete the form below before the advertised deadline and choose from the following options.  Mail to: County Manager's Office 5 West Main Street Franklin, North Carolina 28734  or FAX to: 828-349-2400  Any Questions, please call the County Manager's Office at (828)349-2025 Name of Authority, Board or Committee applying for: Plauwy Bad  Name Corroll  Pondeyter  Adars/72o IVy Rol Telephone: Home 534-6757  CiyFrawklw  NÇZip 3P734 -  Work POP-34R-708  Occupation Balotng Contiactor  Business Address /30 TVY Rol Frowklw NC Briefly explain any anticipated conflict ofinterest your may have if appointed:  Email Address Nowe Educational Background  poinentayahoo. com  B  Sw Comwvity Collease  B-gg 12 g  Business and Civic Experiences/Skills: Areas ofl Expertise pwN and Interest/Skills: Business / Schadulngs  operafer Conttactor Bucwess NN shlanas  accountrs, Manage sk.Ils, dile 6C  Kc Fkcwiafars  hc. Home Juspechr  List any Authorities, Boards, Commissions or Committees presently serving on: Serveot oD plowpis Bootol dost 2 YRS  SIGNATURE: ACARLK  DATE: 92-23-209/