Town of PRINCETON 1873  July 10, 2023  BOARD OF COMMISSIONERS - BOARD MEETING AGENDA  1. Call to order  2. Invocation & Pledge of Allegiance 4. Adopt the Consent Agenda  3. Adopt Agenda for the. July 10, 2023 Board Meeting  A. Minutes for the. June 12 2023 Board Meeting B. Minutes for. June 29, 2023 Board Meeting  C.R Resolution For Approving Water shortage Response Plan  5. Persons to be Heard 6. Public Hearing  A. Charles Eason - Rezoning @ 9468 US 70 Hwy E. B. Request from Richard D. Braswell - Exempt Annexation  Close Public Hearing  7. Budget Ordinance Amendment (Correction) 8. KS Bank Auto Loan (Public Utilities Truck) 10. Façade Grant (Tippy Toes Dance Studio) 11.J J&N Developers (Adjustment Request) 13. Comments from Mayor and Commissioners  9. (left blank)  12. Princeton Community Building - Environmental Study to submit to USDA  14. Adjourn  Next meeting is August 7, 2023 at 7:00pm    4a  Town of Princeton Board/Budget meeting. June 12, 20237:00PM  Present: Mayor Don Rains, Mayor Pro Tem Mike Rose, Comm. Walter Martin, Comm. Mike Holmes, Comm. Broderick Others: TAI King, TC April Wiliamson, Asst. Town Clerk Emily Caughron, PWS Michael Hardie, Chief Michael Smiley, Stacy  Robinson  Johnson, Kim Haddock, Randy Summerlin. Mayor Rains called the meeting to order at 7:00PM.  Comm. Martin led thei invocation and Comm. Holmes led the Pledge of Allegiance. motion, Comm. Holmes seconds the motion. Motion passes unanimously.  Mayor Rains asks if there is a motion to adopt the agenda for the. June 12, 2023 meeting. Comm. Martins makes a Mayor Rains asks if there is a motion adopt the consent agenda whichi include the minutes from the May 31, 2023 meeting and the volunteer applications for the planning board. Comm. Martin makes a motion to adopt the consent Persons to be heard, Kim Haddock does present her questions regarding the new golf cart ordinance. Kim states that she isat town resident that has a golf cart that she rides around often. She says that she is aware of some young children that have been seen reckless driving around town and: she understands rules and regulations for safety but she does not understand why she will have to payf fee, she believes this issue is a police issue. Kim says that she does not agree with thei fee due to being one of the citizens that does follow the rules. She states thati is just not fair to the citizens that do abide byt the rules and safety, iti feels that they are being punished. Mayor Rains thanks her for her comments and makes her aware that this topici is on the agenda and they will go into more detail when we get to that item to hopefully Mayor Rains announces iti is now 7:05PM and we will open our public hearing starting with the FY23-24 budget fee schedule, budget ordinance, budget amendment and then we will go into the rezoning recommendations. The budget has been reviewed multiple times in the previous recent meetings thet town has had. Mayor Rains comments that there is no increase in property tax and there is significant fund balance in the water and sewer to address future water and sewer projects when needed. Mayor Rains states that the Police Department is getting a new vehicle as well as the Public Works department. Mayor Rains asks the board or the public if they have any questions or would like to goi into detail on the budget and no one speaks at this time. Mayor Rains says ifr no one has any comments or wants to speak Thei first rezoning recommendation is Stacy. Johnson with J&N Developers for 501 S. Pearl Street. They will be rezoning from I-1 to C3 to allow for outdoor storage units. Stacy. Johnson presents to the board the layout and idea of these units will look like. Stacy states that they have about 5 acres in that area and they do not need all! 5 and with doing this it would help them, customers and possibly even thet town. Stacy says they plan to just start with just one building of units and see how they rent out and then from there they will add more. Mayor Rains asks if anyone from the public or the board would like to comment or ask any questions, Mayor Pro Tem Mike Rose does ask Stacy about the size of the buildings and Comm. Martin asked how many units there would be at the end oft the project if they weret to complete all 41 buildings, Stacy states hel believes he has figured up about 260-300 depending on big they are. No more comments Randy Summerlin with Summerlin Builders is there to present the recommendation for rezoning from C31 to R4 to allow for multi-family for 401, 403, 405 & 407 N Pine Street. Mr. Summerlin explains the layout of where the new highway would come in and hes states that that will have no impact on their plans. They would like to rezone to go from apartments to at town house classification. Mayor Rains asks if anyone from the public or thei town board has any  agenda and Comm. Holmes seconds the motion. Motion passes unanimously.  answer her questions and concerns.  against the budget he will not close the hearing but he will move ont to the next hearing.  were made at this time.  questions or comments, no one speaks at this time.    Charles Eason is not present for the meeting but is on the agenda for rezoning from R2 to C31 to allow for auto sales and a pawn shop at the location of 9468 US Hwy 70 E. Thel board has multiple questions regarding this recommendations and are unable to get answers due to Mr. Eason not being there. The board decides to table this conversation until next Golf Cart ordinance adoption is the last fori the public hearing. Chief Michael Smiley presents the new ordinance and goes into detail on what the ordinance will state for golf cart owners. Chief Smiley states that they have received multiple complaints about the golf carts that have been seen driving around town, some drivers under age and some over age but driving recklessly. Chief reviews the North Carolina General Statue that allows towns to authorize the authority to enact warnings sO that they can regulate operation of golf carts on public streets within the municipalities for speed limits of 35 miles per hour or less. Smiley says that with the ordinance it will require the golf cart owners to carryl liability insurance and have an annual inspection. The police department will do thei inspections and those inspections will include headlights/rear lights, break lights, front and rear turn signals, mirrors, seatbelts, brakesa windshield and will be limited to a maximum of three rows of seats. Each driver must also be 16 years or older with a driver's license. Chief Smiley says that when these inspections are done the citizen will receive a sticker showing to put ont the cart showing that it has been inspected. For these inspections and registration thei fee will be $40.00 and the renewal fee would be $20.00. Chief Smiley does say that these can be changed if needed, this isj just what he put together to start with. Comm. Martin questions why Chief is going for putting the ordinance in place and not just enforcement of the current North Carolina General Statue, Chief Smiley replies withi it is because the General Statue actually exempts golf carts soi iti is al little harder to enforce when they are exempting the state law. Chief states that this isv why the state has let the municipalities enact their own ordinance. Mayor Rains comments on the ordinance and states that it does need to be addressed regardless what the fee ends up being and he feel like the town is moving in the right direction with putting this ordinance in place. Comm. Martin comments that with the registration he believes that this is the only way that Chief or the police department will be able to determine or not whether the citizen has had the insurance and inspection. Comm. Holmes comments that he does not disagree with the registration or the insurance but he does not agree with the street legal part due to the money most oft the citizens will have to put into their golf cart because majority oft them are not street legal already. Holmes says he also does not agree with the 16y years or older with a driver's license. Mayor Rains states they will make the changes when the public hearing is over. The public Mayor Rains asks if there is a motion to adopt the FY23-24 fee schedule. Comm. Martin makes a motion to adopt the Next is the motion to adopt the FY23-24 budget ordinance. Mayor Rains comments that there has been significant work done since thet first budget meeting. Mayor Rains thanks TA King, Nany Medlin and TC April Williamson for all of the hard work that they put into completing the budget. Comm. Martin makes a motion to adopt the FY23-24 budget ordinance To adopt the FY22-23 budget amendment Mayor Rains asks if anyone has any questions or comments regarding the budget. Mayor Pro Tem Mike Rose does comment that he was pleased with what has been put together and he is glad to see that the employees received the 8% cost of living raise and some money will be added to contingency as well for the next year. Comm. Martin makes a motion to adopt the FY22-23 budget amendment and Comm. Robinson. Motion The first rezoning recommendation was Stacy. Johnson with. J&N Developers for 501 S. Pearl Sti to allow storage units. Mayor Rains asks if anyone has any comments, Comm. Martin) just comments that he does not see any reason for these changes to be made. No other comments were made at this time. Comm. Martin makes a motion to approve this rezoning recommendation: and Mayor Pro Tem Mike Rose seconds the motion. Motion passes unanimously. The second rezoning recommendation was Randy Summerlin with Summerlin Builders to rezone to allow for townhomes. Mayor Rains asks if anyone has any questions, no one speaks at this time. Comm. Martin makes a motion to approve this rezoning recommendation: and Comm. Robinson seconds the motion. Motion passes unanimously.  month.  hearing ends at 7:48 PM.  FY23-24 fee schedule and Comm. Holmes seconds the motion. Motion passes unanimously.  and Comm. Robinson seconds the motion. Motion passes unanimously.  passes unanimously.    The third recommendation was Charles Eason, the board decided to table this conversation until Charles could be Thet fourth public hearing topic was the adoption for the golf cart ordinance. With all oft the input the board decides to advertise this ordinance until August 1, 2023 to make the citizens and golf cart owners aware. Each golf cart must have headlights, tailights and seatbelts, you must be 16 year of age to drive, the registration fee will be $20.00 and the renewal fee will be $10.00. Each golf cart owner will have the cart inspected by the police department and they will receive a sticker withi the approval date on it. Mayor Pro Tem Mike Rose makes a motion to approve the adoption for the golf cart ordinance, Comm. Martin seconds the motion. Comm. Holmes and Robinson are against the motion, Mayor Aimiee Louvierre with the Princeton Library is here to present "A New Home for the Princeton Public Library." Aimiee has a print out for the board to follow along with ini the packet. Aimiee states that she is here to present this because shei is aware that home on Pearl Street will be vacant by the end of the month and the library was there to aski ifito could be in consideration for the library to move into that home when it does become vacant. Aimiee says that this will allow the library to have more room and not have to worry about the shared space they are in now with the school. The board does question the work that would be need to be done int the house to meet the correct codes like bathrooms and entrance. Aimiee says that she has actually already reached out to ai few people about those things and she was working on getting some answers. Mayor Rains says if she continues to get thisi information by the. July meeting she can come Mayor Rains asks if anyone on the board has any questions, no one speaks at this time. Comm. Holmes makes a motion  present to answer the questions that they had.  Rains passes the motion. Motion passes unanimously.  back and present morei information.  to adjourn and Comm. Robinson seconds the motion. Motion passes unanimously.  Meeting is adjourned.  Don Rains, Mayor  Emily Caughron, Asst. Town Clerk    46  June 29, 2023 Called Meeting Via Zoon  Present: Mayor Don Rains, Comm. Mike Rose, Comm. Michael Holmes, Comm. Broderick Robinson, TA King, April Williamson Clerk, Marla Ashworth TRC, Luke Baker TRC, Stacy. Johnson  J&N Developers, Jeff Sheffield Citizen. Absent: Comm. Walter Martin  Meeting called to order by Mayor Rains at 7:05pm. Pledge of allegiance was led by Comm. Mayor Rains opened the meeting and welcomed everyone. He asked if all board members were present. TAI King stated Comm. Martin and Comm. Robinson were not present. Mayor Rains stated he would proceed. Mayor Rains stated he had two other items to discuss if all other board members were present. Budget ordinance amendment and Environmental study. TA King stated that. JYMCO won the bid award for the Beaver Dam Project coming in under budget. He stated that Luke emailed a letter out with the figures. TA King then turned the meeting over to TRC Luke Baker. Luke Baker presented the award to. JYMCO and said they hope to start on the project ini the next few months. Luke explained the letter and the project was bid. June 1 and we did not get enough bids but did get two bids today. The winning budget came in under budget by around $100,000. Luke stated he needs the board to approve TAI King to move forward on signing all documents fori this project. Mayor Rains asked if all the paperwork and qualifications were met. Luke Baker stated, yes, everything looks good. Comm. Rose stated he had no questions as long as the price was under budget. Comm. Holmes has no questions. Luke Baker stated there is enough funds to cover the project. This was a StRAP grant and. Johnston Co. grant. The funds have come from grants. Mayor Rains asked if any members oft the public wanted to comment. Jeff Sheffield asked what the total amount oft the grants were. Luke Baker stated $702,000 total. After services there was about $595,000 for1 the project. Mayor Rains asked for a motion to move forward on this project. Comm. Rose made a motion to accept the bid from JYMCO. He also asked when the start date would be. Luke Baker said a couple months. Comm. Rose asked if there was an amount of time given to start. Luke Baker said 90 days. No other commissioners have. joined at this time. Comm. Holmes had no questions. Mayor Rains asked TAI King to call Martin and Robinson. No answers. Comm. Holmes 2nd the motion by Comm. Rose. All in favor, approved. Mayor Rains discussed the budget ordinance amendment, vehicle loan and environmental study would be heard at the. July 10 meeting. TA King stated there was at formula error on the budget ordinance that has been correct and there wasno errors or changes to the actual budget. He explained the loan options as well. Comm. Robison has joined the meeting at this time. He was fine with the approval of the bid to. JYMCO. Comm. Rose stated he wanted to see the vehicle loan for 3 years not 4 but understood this was something new. He said he would like to see the town save enough money annually to  Holmes. Invocation was led by Comm. Rose.    purchase vehicles without al loan. He said the interest had gone up but hopefully we can save in house. TA King stated KS Bank offered the better loan. He would explain it at the. July 10 meeting. Mayor Rains discussed the environmental study that TRC would doi for $15,000 for the new community center. He explained the study briefly. It was a requirement for the town to get financing for the community center through USDA. Mayor Rains asked for a motion to adjourn. Comm. Robinson reminded the board he will be out oft town at the. July meeting but will join in  There was no comment from the board on this.  virtually.  Motion to adjourn by Comm. Rose, 2nd by Comm. Holmes.  Meeting adjourn at 7:26pm.    4c  POI Box 67 Princeton NC2 27569 Phone: (919) 936-8171 Fax: (919)936-2918  Town of Princeton  Memo  To: Board of Commissions From: AprilWillamson CC: Date: 6/26/2023 Re: Consent Agenda Item 4b  The attached Resolution was adopted 05/31/2023; titled, Local Water Supply Plan After review byt the Department of Environment: and Natural Resources, Division of Water Resources, they requested the title be changed to Resolution for Approving Water shortage Response Plan. No  other changes were made tot the document. Thel Deadline for resubmission is Friday June 20, 2023.  April Williamson    RESOLUTION FOR APPROVING WATER SHORTAGE RESPONSE PLAN WHEREAS, North Carolina General Statute 143-355 (1) requires that each unito of local government that provides public water service and eachl large community' water system shall develop and implement water conservation measures tor respond to drought or other water shortage conditions as set outi ina al Water Shortage Response Plan and submitted to the Department for review and approval; and WHEREAS, as required by the statute andi in the interests of sound local planning, a Water Shortage Response Plan for The Town of Princeton, has been developed and submitted tot the Board of WHEREAS, the Board of Commissioners finds that the' Water Shortage Response Plan isi in accordance with the provisions of North Carolina Generat Statute 143-355 () and that ity will provide appropriate guidance for the future management of water supplies for The Town of Princeton as well as useful information to the Department of Environment and Natural Resources for the development ofa NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners oft the Town of Princeton that the Water Shortage Response Plan entitled, 2022 Water Shortage Response Plan dated 06/26/2023, is hereby approved and shall be submitted to the Department of Environment and Natural BE IT FURTHER RESOLVED that the Town of Princeton intends that this plan shall be revised to reflect changes in relevant data and projections at least once every five years or as otherwise requested  Commissioners for approval; and  state water supply plan as required by statute;  Resources, Division of Water Resources; and  byt the Department, in accordance witht the statute and sound planning practice.  This the_ ale _day of Juno  20_3  Rans  NameDoneld B. Title: MQyon Spnalme MBuk  A  ATTEST:    ba  Town of Princeton Princeton, NC27569 (919)936-2842 www.myprneetomac.com SPECIAL USE MINOR SUBDIVISION MAJOR SUBDIVISION  Town of PRINCETON Est1873 ZONING PERMIT LAND, WATER & SEWER USE PERMIT LAND USE PERMIT CERTIFICATE OF OCCUPANCY  PO Box 67-503 Dr. Donnie H Jones Jr West Phone 919)936-8171 Fax  APPLICATION  CONDITIONAL USE VARIANCE AMENDMENT (REZONE) CHANGE OFUSE APPLICANT INFORMATION  NAME OF APPLICANT/PETTIONER: CHARLES E. EASON, JR TELEPHONE: 9196340145 EMAIL: CEASONMANAGEMENT@GMAILCOM OWNER'S NAME(S): JC PRINCETONLLC TELEPHONE: 9199861462 EMAIL: ONIOANSTONEGMALCON PARCEL ID: 04Q08012H  MAILING ADDRESS OF APPLICANT: 34 WOODALL FARM LANE, PRINCETON, NC 27569  FAX:  PROPERIYINFORMATION  MAILING ADDRESS OF OWNER: 1724 S. SAUNDERS STREET, RALEIGH, NC: 27603 SITE ADDRESS: 9468 US HWY 70E EAST, PRINCETON, NC: 27569  ZONINGINFORMATION SIGN  BUILDING  LAND  ZONING DISTRICT: COMMERICAL CURRENT USE: COMMERCIAL C-3 PROPOSED USE: C-3  CURRENT ZONING: R-2/C-3 PROPOSED. ZONING: C-3  CHANGE REQUEST INFORMATION  REQUESTED CHANGE(S): PROPERTY WILLE BE OCCUPIED BY TWO BUSINESSES. 1-CARLOT 2-PAWN SHOP  DATE TO BE OCCUPIED: AUGUST: 2023  CONDITIONS WHICH. JUSTIFY APPLICATION: ONE PARCEL OF LANDI IS NOT CURRENTLY. ZONED C-3A ANDI WE ARE WANTING TO USETHE  WHOLE PROPERTY FOR COMMERCIAL USE (SEE ATTACHED)  MAJOR/MINOR. SUBDIVISION NAME:  CERTFEDSTATEMENT  Ihereby certifyt that the statements made herein aret true and that myproposed use oft thel land or building will comply witht the Zoning Ordinance  of the Townd of Princeton. Iwill nota allowt the: structure tot be ocupfluntlarertficate of occupancyi is received.  Date:    STAFF USE  PETITION NUMBER: DATES PUBLIC HEARING ADVERTISED: DATER PUBLIC HEARING SCHEDULED: PETITION: APPROVED  FEEPAID:$ DENIED  DATE:    RBVMwIL  9468 US 70 East Princeton NC  Site Plan  05/22/2023  Charles E. EasonJr. JCF Princeton LLC 1724 S Saunders Street    Raleigh, N.C.27569  Overview  JCF Princeton LLC is filing a zoning permit request and a special use permitin order to operate two commercial businesses on the property. These two  businesses are a Pawn Shop and a Used Car Dealership.  Goals  1. Bring a different business to the Princeton area and its residents  2. Contribute to the tax basis of Princeton  3. Contribute to the job growth of the Princeton area and its residents 4. Carry unique items not readily available in the Town of Princeton, nor  its surrounding areas.  Specifications  The Pawn shop that JC Princeton LLC intends to own and operate will carry higher end items such as collectibles (sports, graded coins, etc.).jewelry, precious metals (bullion gold, silver,etc.), and firearms. The Pawn Shop also intends to only take in the above listed items for pawn slips. Prior to opening, we intend to secure permits from the Town of Princeton and State of North Carolina for the Pawn Shop, to include a Pawn Brokers License. We also intend to apply for, and hold, a precious metal dealers license and a Federal Firearms License. These licenses will allow us to do business in the respective With the Pawn Shop selling and acquiring unique and collectible items, we plan to also use ecommerce to drive our business and develop interest in the Town of Princeton and surrounding area, Our ecommerce sales will focus on  retail categories listed above.  sports collectibles and collectible/graded monies/Coins.    2  The Pawn Shop will be operated out of the main brick structure (1967 sqft) on the property, and will have parking spaces on the asphalt in front of the building, as well as inside the gated area of the property towards the rear of the building. All parking spaces will conform to the Town of Princeton codes The Used Car Dealership that) JC Princeton LLC intends to own and operate on the property will operate in the metal structure (720 sqft) on the property adjacent to the main brick building on the property (Pawn Shop). We intend to operate a "buy here pay here" and outside financing used car dealership. The fenced portion of the property behind the metal structure will be used by the car lot as storage for vehicles that will be for sale. This area will also be used to rent spots to residents of the Town and County to alleviate any HOA fines or for convenience. We intend to let vehicles, boats, RV's, and campers As the fenced portion of the property is going to be used for storage, it has privacy slits already installed, to keep the motoring public from seeing inside. The gate on the front of the fenced portion will also be secured when we open the property up for business. Along with a secured gated and well lit property, the property will also be under 24/7 monitoring via numerous surveillance cameras that will be installed on the property. This portion of the Used Car Dealership will operate under any applicable Town Ordinances and JCI Princeton LLC also intends to rent space to food truck vendors on the property. We feel this will also bring food vendors to the area and bring new patrons to our property and the surrounding businesses in The Town of Princeton. The space to be rented is the portion of asphalt and gravel on the  and ordinances.  be stored inside the fenced portion on a rented space.  North Carolina State Law.  west portion of the main brick structure (Pawn Shop).    3  Summary  Itis our hope that these two businesses promote healthy business traffic into the Town of Princeton and surrounding businesses. We believe the unique items that our Pawn Shop will carry along with the Used Car Dealership will help to acquire patronage from different areas inside and outside our State.    ZONING PERMIT Permit Number: Issue Date: Fee(s): Check ALL that Apply:  Town of Princeton POI Box 67 503 Dr. Donnie H.. Jones Jr. W. Princeton, NC27569 (919)936-8171  Town of PRINCETON  Est 1873 Swimming Pool  Rezoning Spl Use Per (SUP) New Construction 04Q08012H Residential  Accessory Bldg/Structure  MultiFamily/Duplex Property! 9468 US HWY 70 EAST Address: PRINCETON, NC: 27569  Other:  APPLICANT AND SITE INFORMATION  Property Parcel/ID  #:  Commercial orl V Commercial Residential? Business Owner:JC PRINCETONLLC Business Owner Address: Business Owner DNJ.JOHNSTON@GMAIL.COM Email Address: Area in SQFT:1967 Property Owner(s):JCI PRINCETON LLC Mailing Address: Email Address:  Business Name:  1724 S. SAUNDERS STREET, RALEIGH, NC27603  Business Owner Parking Spaces (#)  Phone: (919)986-1462  Property Owner) 1724 S. SAUNDERS STREET, RALEIGH, NC: 27603  Property Owner DNJ.JOHNSTON@GMAIL.COM Applicant Name: CHARLES E. EASONJ JR  Property Owner  Phone: (919) 986-1462  Applicant Mailing 34 WOODALL FARML LANE, PRINCETON, NC 27569  Address:  Applicant Email: CEASONMANAGEMENT@GMAILCOM Applicant Phone:(019)634-0145  ZONING INFORMATION Side Setback (Min) 10 Stormwater Detention Required?  Current Zoning C-3  Front Setback (Min) 25  Rear Setback (Min) 25  Street Side:  Within 100 Yr Floodplain?  Site Plan Required? YES SUP File #: BOTH  Town or ETJ? ETJ  Proposed Use: Rezoning/Change in Use Spl Use Permit  MIXED  YES Town to Supply:  YES WATER SEWER  SUP Approval Date:  NONE  Ifnot supplied by the Town, provide source.  COMMENTS AND CONDITIONS APPROVAL: 1.)ZONING PERMIT ONLY. BUILDING PERMITS TOE BEI ISSUEDE BY JOHNSTON COUNTY BUILDING INSPECTIONS. 2.)PROJECT SHALL BEE BUILTI INA ACCORDANCE WITHA ATTACHED: SITE PLAN AND/OR: SIGN DRAWINGS. 3.)PROJECT SHALL BE CONSTRUCTED INA ACCORDANCE) WITH ALL1 TOWNOF THE APPLICANT. AGREES TOCOMPLY WITH ALLI BUILDING. ANDZ ZONING REGULATIONS AND OTHERI LAWS APPLICABLE1 TOT THE USEC OF1 THIS STRUCTURE. ANDFACILITIES REFERENCED TOH HEREIN. THE PERMITI INSUREDI FORI WORK SHALLE EXPIRE BYL LIMITATION: SIX MONTHSA AFTER1 THE DATE OF ISSUANCEIFTHE WORK AUTHORIZEDI HAS NOT BEEN COMMENCED. IFA AFTER COMMENCEMENT THE WORK/Is DISCONTINUED FORA APERIOD OF: 121 MONTHS, THE PERMIT THEREFORE IMMEDIATELYI EXPIRES. NOI WORK AUTHORIZEDI BYA APERMIT THAT! HAS EXPIREDS SHALLTHEREAFTERI BEF PERFORMEDI UNTILAN NEW PERMIT HASE BEEN SECURED. UNDERSTAND, ANDA ACCEPT THE  PRINCETON REGULATIONS ANDS STANDARD! DETAILSA ANDS SPECIFICATIONS.  SIGNATURE BLOCK  TERMS OF1 THIS PERMIT.  Owner Signature: Print Name: Approved By:    Date: Date:  Mo 2,2023  d  Signed & Completed Forms May Be Emailed to mlsewPlincetonNCcon or Dropped Off at the Town Hall    CERTRCATE oF ROCOWAY NFORMATION. TE PPOPERTY PICM OCATED NA FEMA CESICNATED 00 ZONE FLOCO HAZARD PANEZ. 3720265200X CIVE DATE  2018 at nnss L-05-22  THS SURVEY OR CHANGE EGSTNG a.3 owe denf 21:25:3822 COORDNATE SCOT PLS 4731 DATE RAME.. HEREBY CERTFY FRON CTUAL SURVEY SNG PRECISION ON THATDes MTH GS 47-30 ACCORDANCE THS WAPIS ONLY INTENDED PARTES AND SHOWN. FE MAPIS NOT FOR RECORDATON. NOnnE AY MSIBLE ARE SHOWN HEREON. N3520257 170.56' nE PIN 789 $34010w 178.49'  CENERAL NOTES DISTANCES HORIZONTAL CRCUND DISTANCES Ww SURVEY FEET UNLESS CTHERMSE NOTED. 2AREAS SHOAN HEREONY WERE COMPUTED USNG THE UNES NOT ARE AS DASHED SURVEY. INFORMA REFERENCED ON THE FACECF S BE SUBECT TO ANY/ALL ENTAT THE LAND PLATTED CORRECT AND OR DEEDED AND BEEN GS o LAW, DUT FULL TITLE EPORT. REQUREMENTS NOATH CONSULIED UCEMSED CORRECT OMNE BE AND REVEALED B BY AND OTHER mnE QUESTONS mLE  MCINITY MAP (NTS) ECEND RON PIPE ROO CABLE EDESTAL PEDESTAL -WATER METER OP-EDGE OFF PAVEMENT R/M-RICHT OF WAY  MWAH MONO $309735W 11248  PN2  N32531E  N324525E  WRAK REALTY_LLC DB-4919 PG 770 PARCEL ID 04008012H PIN 265200-52-8349 129,191.24_SF 2.97 ACRES  CARQZ SEAL L4731  DP syosw 4.  N3158'33E 213.90 BASE CLADYS MRGNA BELCH LEE AS 285200-82-1165 REFERENCE PROPERTY 9468us HWY PRINCETON, N.C. 245 BOON HLL TOWNSHP TOWN OFF EJT JOHNSTON COUNTY N.C ZONING-COW Boundary Survey for: David. Johnston 17245. Saunders Street Raleigh. N.C.2 27603  N314307E 81.29  Project: 94681 US 701 East Drawn By: S.1 Frame Scale: I"=60 Date: 01-05-2022  Scot, A.Frame P.L.S. 1350 Young Rd. Angier, N.C.2 27501 919-639-6284 Office 919-586-2251 Mobile    9  B)  00>    8.7.2  Dimensional requirements: Minimum dimensional requirements for C2 districts.  Lota area Lot width Lot depth Minimum Setbacks Front yard Rear yard Sideyerd Building height  Nor minimum required Nor minimum required Nor minimum.equired Nor minimug required No minimum required No minimum required 351 feet  Section 8.8 8.8.1  C3, Neighborhood & Highway Commercial District  Purpose: Thisdistrict is designed to provide appropriate areas for intensive, high impact commercial activities that serve the needs,ofthe community ands surrounding region, and expand the economic tax base oft the Town. This district is alsodesigned.top provide appropriate locations for higher density multifamily residential housing opportunities. Activities allowed" within this district will typically generate large volumes ofheavy-truck traffic and require! high visibility. Therefore, these activities are bests suited forl location alongr major highways. The regulations ofthis district are desigpediominiminealfie congestionand hazards, and to eliminate blight.  8.8.2  Dimensional requirements:Mimimumdimensional requirements for C3 districts:  MinimumLot. Area Minimum Lot Width Minimum Lot Depth Minimum Setbacks Front Rear Side  10,000 square feet; overall density for multifamily residential may not exceed 10 dwelling units per acre.  1001 feet 100 feet - Q 25f feet 25 feet 10.f feet  Maximum Building height 35f feet; for multifamily residential structures, no more  than 2 occupied floors/stories.  Section 8.9 8.9.1  M,Lightindustrial District  Purpose: This district is designed itop provide appropriate locations for light industrial, warehousing activities, and certain heavy commersial activities thatdo not generate noticeable amounts ofnoise, dust, odor, smoke, or glare outside the bundinein which these activities are. located. The regulations of this district are intended minimize the external impact these activities may have on the surrounding  neighborhood.  8-3  Town of Princeton, N.C.  Zoning Ordinance Adopted December 5, 2005    8.11.2 Dimensional requirenents: Minimum dimensional requirements for Pdistricts:  Lota area Lot width Lot depth Front yard setbagk Rear yard setback Side yard setback Building) eight  7500 square feet 75 feet 1001 feet 251 feet 25feet 10f feèt 35f feet  Section 8.12  Table of Permitted Uses  All uses shall be permittedia as indicated ini the followingi table, and pursuant to. ARTICLE15: Administrative Procedures.F For purpose oft this section the followinga abbreviations shall have the following meanings: P= Permitted by right(subjectt to Zoningl Enforcement Officer approval);S= Special use permitted by Town Board upon preliminary review by thel Planning Board; Adash ()-Notpermited. Uses not listed are prohibited.  PRINCETON  Est 1873  8-5  Town of Princeton, N.C.  Zoning Ordinance Adopted December 5, 2005    TABLE OF PERMITTED USES  P= PERMITTED USE S= SPECIAL USE -=NOTE PERMITTED  SPECIFICUSE REFERENCE 11.4.1 11.3.1 11.3.2 11.3:3 11.4 10.5.4 10.5.4 10.5.3 10.5.14 Article6 6.3.1 10.3  USE Residential uses Single-amilydweling Manufactured Home Accessory Modular home Manufactured home, Class/ A Manufactured home, Class B Manufactured home, Class C Manufactured! home, Family Two-family dwelling Mull-amiydwelling. Townhouse Family care! homes Upper floor residential Home occupations Accessory Structures Accessorybuldings Agricuitural uses Crop production (farming) Forestry and! logging Greenhouse, nursery, and floriculture Bonaf fide farms Commerclaluses ABCs store Administrative offices Agricultural supplys store Antique shops. Art dealers, supplies, sales and service Arts, entertainment, and recreation facilities Automobile dealerships Automobile parking! lots Automobile parts and accessories Automobile repair service Bakery Barbershop or Beauty Salon Bars or drinkinge establishments Bed and breakfast inns Bicycle, motorcycle, ATVs sales and service Billboard (off premise)s signs Billiards, bowlinge establishments Boata andi marine craft dealership sales ands service Bookstores Camera and photographic: supply store Carv washes Car, truck, RVr rental establishments  STANDARDS R1 R2 R3 R4 R5 C1 C2  C3 I1 12  P P P P C C C P P P P P P = S S S S P P P P - P P P P C C C P P P P P P P P  P P P P S S  S S  P P P P P P P P P P P P P P P P P P P P P P P P P S P S P P S P P S S S P P P P P P P P P P P P P  8-6  Town of Princeton, N.C.  Zoning Ordinance Adopted December 5, 2005    TABLE OF PERMITTED USES  P=F PERMITTED! USE S=S SPECIAL USE -= NOT PERMITTED  SPECIFICUSE REFERENCE  USE  STANDARDS R1 R2 R3 R4 R5 C1 C2 C3 I1 12  Caterers Clothing and apparel Commercial andi industrial machineryrental Commercial communicationt towers Communication: andI Information Computer stores, (hardware! and software) Convenience store, wlo gas station Cosmetic: and'b beautysupplies Credita andf finance establishments Daycare centers Department: stores, warehouse clubs. superstores Dry cleaners and laundries Electronic and appliance sales and service Electronic Gaming Operations/ Internet Sweepstakes/Gaming Facilities Existing Structure Relocation Extermination. and pesto control Financial institutions Fitness centers and gyms Flear markets Florists and gift shops Furniture or home furnishings (no outside storage) Furniture orh home furnishings (with outside storage) Gasolines service station, Grocerys store ors supermarket Hardware andl home centers Heating andp plumbing equipment Hotels, andi motels, and accommodations numcertaiteaisers Investment banking and brokerages Janitorials services Jewelry and watch sales and repair Kennel Lawn and gardens supplies Lumberyards and! building supplies Town of Princeton, N.C.  P P P P P P S S S S S P P P P P P P P P P P P P P P P P P P P P P C C P P P P P P S S P P P P P S P P P P P P P P P P P P P P P P P P P P P P S S S P P S P P  S S S S -  P P  P  10.5.15 10.5.16  C C C  10.5.6  8-7  Zoning Ordinance Adopted December 5, 2005    TABLE OF PERMITTED USES  P=F PERMITTED USE S=S SPECIAL USE =I NOT PERMITTED  SPECIFICUSE REFERENCE  USE  STANDARDS R1 R2 R3 R4 R5 CI C2  C3 I1 12 P P P P P P P P P P P P P P P P P P P S S S S P P P P P P P P P P P P - P P - P P S P P P P P P P P P P P P P P P P P P P P P P P P P P P S S S P S S P P  Manufactured home sales Medical offices, clinics Miniature golf establishment Mini-warehouse Museums Newspaper offices Personals service establishment Peto orp pet supplys store Pharmacy or drugs store Private recreationt facilities Professional: service offices Properymanagement: services Radio andt television! stations Real estate offices Real estate, and rentala and! leasing Restaurants w/i no drive thru Restaurants, drive-thru Retails sales ands services Rooming, tourist, boardingh home Service establishments Shoe sales andr repair Skating rinks Sportings goods, musical instruments Toys stores, Travela agencies Veterinaryservices Videoa arcades Institutionalu uses Educational institutions Colleges and universities Privates schools Publics schools Mobile classrooms (as accessory top publics schools) Technical ort trades schools Public administrative offices  S S S S  S S S S S S S S S S S S - S S P P  P P P  8-8  Town of Princeton, N.C.  Zoning Ordinance Adopted December 5, 2005    TABLE OF PERMITTED USES  P=F PERMITTEDI USE S=S SPECIAL USE -=N NOT PERMITTED  SPECIFICUSE REFERENCE 10.5.10 10.5.11 10.5.11 10.5.10 10.5.11  USE  STANDARDS R1 R2 R3 R4 R5 CI C2  C3 I1 12 P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P - P P P P P P P P P P P P P P P P P P P P P P P P P S P P P P  Publicr recreation1 facilities Publics safety Public utilities Electrical power Natural gas, petroleum, fuel, etc Sewert treatment and disposal facilities Telephone and other wired telecommunications Water supply, storage, and treatment facilities Ambulatory and outpatient: services Cemeteries ando cremation services Churches and accessorybulidings Civic, social, and fratemal clubs andl lodges Funeral homes and services Hospitals Industrialuses Manufacturing andy wholesale trade Alliedp products Chemical, plastic, and rubber products Electrical equipment and appliances Fooda and beverages Furniture and related products Machineymanufactuting Medicals supplies Metalr manufacturing Nonmetallicmineral Opticalg goods Paper andp printing materials Petroleum: and coal products Professional, scientific, and photographic, products Salvage (Junk)yards Textiles Warehouse: and storage facilities  P P P P S S S S S S S S P P P P P P P P P P P P P P P P P P P P P P  S S  10.5.2  - P  -  10.5.5  8-9  Town of Princeton, N.C.  Zoning Ordinance Adopted December 5, 2005    TABLE OF PERMITTED USES  P= PERMITTED USE S= SPECIAL USE -= NOT PERMITTED  SPECIFICUSE REFERENCE  USE  STANDARDS R1 R2 R3 R4 R5 CI C2  C3 11 I2 P  Wholesalet trade establishments Wood products emponatocammncton, utilities Construction-relatedbusinesses Buildinga and general contracting Heavyo construction contractors Special trade (carpentry, painting, electrical, etc.) Mining ande extraction establishments Metals (iron, copper, etc.) Quarryinga ands stone cutting Sanitary! landfill, non-hazardous Bulk storage ofo oil, petroleum Plannedi Developments Clusters subdivision Commercial: shopping centers Manufaçtured homep parks Overburden: storagel berm Planned unit developments Watershed Regulations Commercial New Development Commercial Expansions to Existing Development  P P P P P P P P P P P P P P P P S S S S S S S S S S P P -  10.5.12 10.5.1  S P  S S S  11.5 5.8.5 10.5.9 9.8.1 9.8.1  S a *  / S S  S S S S S S  8-10  Town of Princeton, N.C.  Zoning Ordinance Adopted December 5, 2005    bb  Town of PRINCETON  Donald B. Rains Mayor  Est 1873  Michael King Town Administrator  July 10, 2023  To: Princeton Town Board From: TA King  Subject: Exemption Request from Annexation  Richard D. Braswell 515 Martin Livestock Rd. Princeton, NC 27569 Parcel: 04012027D  Richard D. Braswell has petitioned to be exempt from annexation within the town cooperate limits requesting water and future sewer services. This property is part of Lakeview Estates and cannot be de-annexed from that development. Lakeview was developed prior to the annexation before the services extended policy. Under this unique circumstances, I would ask that the board allow Mr. Braswell to be exempt from the policy and all him to be  an out of town customer and pay the out of town rates.  Thank You, Michael King Town Administrator  "Peaceful, Pleasant, Progressive, and Proud" Townd of Princetoni isa anE Equal Opportunity Providera and Employer wwwmyprincetonnccom 503 Dr. Donnie H.J Jones, Jr. Blvd West, Princeton, NC27569 Office: (919) 936-8171 Fax: (919)936-2842 Office Hours: M-F 8AM-5PM    PETITION REQUESTING EXEMPTION ON ANNEXATION TO BECOME  ATOWN WATER & SEWER CUSTOMER  June 29, 2023 To the Town of Princeton:  1, ,Richard D. Braswell respectfully acknowledge that Parcell ID: 04012027D, 5151 Martin Livestock Rd. Princeton, NC27569, is not contiguous to the current primary corporate limits of the Town of Princeton. Thus, the Town cannot annex the lot as statutes prohibit satellite annexation of al lot or lots out ofa a subdivision where other lot owners arenot 2. Idol however wish to have access to Town water & sewer at thel lot and agree to pay the  requesting annexation. out oft townr rate. Please acceptr myrequest. POhBup Richard D. Braswell 515 Martin Livestock Rd. Princeton, NC27569 ofJ June, 2023. Donald B. Rains, Mayor  The Town of Princeton Board of Commissioners grants/denies the above request ont this 26th day  April Williams, Town Clerk    SNORELINEDR  EINIWSSLGM,    7  Town of PRINCETON  Donald B. Rains Mayor June 29, 2023  Est 1873  Michael King Town Administrator  Reference: Budget Ordinance Amendment FY23-24 To: Princeton Town Board From: Michael King, Town Administrator  Board,  Please accept this amended budget ordinance for FY23-24. There was a clerical typo errori in the General Fund  figures. The budget did not change, it was simply an incorrect typo. This leaves the Parks & Recreation at $16,300 and contingency at $0. Again, no changes to the budget, just a clerical correction.  Thank You, Michael King Town. Administrator  CC; Nancy Medlin, TJCOG April Williamson, Town Clerk  "Peaceful, Pleasant, Progressive, and Proud" Towno of Princeton isa anE Equal Opportunity Provider and Employer wwmyprincetonnccon 503 Dr. Donniel H.J Jones, Jr. Blvd West, Princeton, NC27569 Office: (9191936-8171 Fax: (9191936-2842    April Williamson From: Sent: To: Subject:  Michael King mengempincetomcom Wednesday, June 28,20235.02PM 'April Williamson' FW: Forgot  Here is the reason for the budget amendment. Remind me to tell the board this as well.  Thanks Michael  From: Nancy Medlin maltommedinevcogors Sent: Wednesday, June 28, 20234:59PM To: Michael King m.king@myprincetonnc.com>  Subject: Re: Forgot  We budgeted a revenue for recreation feesi in lieu and a corresponding expenditure for the same amount in 7 the recreation department. Unfortunately the formula in.the.expenditures did not pick up the corresponding  expenditure and made our budget numbersoff.  Nancy Medlin Accounting Manager Triangle JC Council of Governments 4307 Emperor Blvd., Suite 110/ Durham, NC: 27703 (o) 95599/09941891 nmedlin@ticog.org www.ticog.org  TJCOG Announces Transition to Central Pines Regional Council  CENTRAL 5 PINES  REGIONAL COUNCIL  From: Michael King <m.xing@myprincetonnc.com> Sent: Wednesday, June 28,20234:57PM To: Nancy Medlin mmedlin@ticogorg>  Subject: RE: Forgot    Sax Mucg  Town of Princeton Fiscal Year 2023-2024 Budget Ordinance  BE IT HEREBY ADOPTED BY THE BOARD OF COMMISSIONERS FOR THE TOWN OF PRINCETON, NORTH CAROLINA that the following shall be the Fiscal  Year 2023 - 2024 Budget:  Section 1: The following amounts are hereby appropriated in the General Fund for the operation of the town government and its activities for the fiscal year beginning July 1, 2023 and ending June 30, 2024 in accordance with the chart of accounts  heretofore established for this town:  General Government Planning & Zoning Police Fire Streets & Powell Bill Community Building Parks & Recreation Maintenance Special Appropriations Debt Service Contingency Total  268,271 23,534 683,035 143,049 396,647 2,500 16,300 30,400 87,690 0 1,651,446  Section 2. Itis estimated that the following revenues will be available in the General Fund for the fiscal year beginning July 1, 2023 and ending June 30, 2024:  Ad Valorem Taxes State Shared Revenues Intergovernmental Permits & Fees Sales & Services Miscellaneous Other Financing Sources  710,307 432,745 133,373 48,420 214,500 12,101 100,000 1,651,446  Total    Section 3. The following amounts were hereby appropriated in the Water and Sewer Fund for the operation of the water and sewer utilities for the fiscal year beginning July 1, 2023 and ending June 30, 2024 in accordance with the chart of accounts heretofore  approved for the Town:  Water Operations Sewer Operations Water & Sewer Maintenance Debt Service Capital Reserve ntergovernmental Water & Sewer Administration  197,840 75,660 69,169 55,130 78,034 141,171 188,083 805,087  Total  Section 4. Itis estimated that the following revenues will be available in the Water/Sewer Fund for the fiscal year beginning July 1, 2023 and ending June 30, 2024:  Sales and Service Permits and Fees Miscellaneous Total  730,387 73,650 1,050 805,087  Section 5. There is hereby levied a tax at the rate of sixty-one cents ($0.61) per one hundred dollars ($100) valuation of property as listed for taxes as of January 1, 2023 for the purpose of raising the revenue listed as "Ad Valorem Taxes" in the General Fund in Section 2 of this ordinance. This rate is based on estimated real property valuation for the purposes of taxation of $104,598,462 and an estimated rate of collection of 99.57%. The estimated rate of collection is based on the fiscal year 23-24 collection rate of 99.57%. The estimated vehicle property valuation for the purpose of taxation is $12,295,082. There is hereby levied a Municipal Vehicle Tax at a rate of $30 per Section 6. The Town Administrator is hereby authorized to transfer appropriations with the exception of amounts in line item for Contingency as contained herein under the  vehicle registered as of July 1, 2023.  following conditions:  a.  The Town Administrator may transfer amounts between line item expenditures within a department without limitation and without a report being required. These changes should not result in increases in recurring obligations such as salaries.    b.  The Town Administrator may transfer amounts up to $1,000 between departments, including contingency appropriations, within the same fund. He must make an official report on such transfers at the next regular meeting of the Town Board of Commissioners. The Town Administrator may not transfer any amounts between funds except as approved by the Town Board of Commissioners in No expenditure or transfer shall be made from line item for the Contingency without express, prior approval by the Board of  C. d.  the Budget Ordinance, as amended.  Commissioners.  Section 7. There is hereby adopted a revised list of fees and charges as referenced in Copies of this Budget Ordinance shall be furnished to the Clerk, the Town of Board of Commissioners, the Town Administrator to be kept on file by them for their direction in  attachment (A).  the disbursement of funds.  Duly adopted this 12th day of June 2023 while in regular session.  Donald B. Rains  Mayor  ATTEST:  April Williamson, Town Clerk    8  Town of PRINCETON  Donald B. Rains Mayor  Est 1873  Michael King Town Administrator  June 29, 2023 To: Princeton Town Board From: TAI King  KS Bank has offered the most reliable options for financing. See below.  Public Utilities Truck- $36,728.07 over 4 years at an annual payment of $10,275.75 (4.75%)= =$ $41,103.12 We budgeted in the upcoming FY23-24, $45,000 which has an annual budgeted payment of $10,876.50overs years. Our actual payment with KS Bank willl be $591.71 less than our budgeted payment of $10,87.50overas If we were to pay the truck offi in 3 years the annual payment would be $13,423.73 which would require a budget amendment and reducing al linei item. ($40,271.19 or $831.93 less than the 4 year loan)  year loan. This will save $2,366.84 overall for1 the 4 year loan.  Other options were: Truist-5y years at 5.95% First Citizens- - 5 years at! 5.75%  These had higher rates/longer terms. KS Bank offers the better option. We also have a great working relationship with KS Bank. I understand that typically, we finance vehicles for 3 years and moving forwardl would suggest we budget to' "pay ourselves": annually sO that we can pay cash for a vehicle VS financing as the I'd like the board to accept the terms with KS Bank: so I can complete the financing process with the bank.  rates have gone up.  Thank You, Michael King Town Administrator  "Peaceful, Pleasant, Progressive, and Proud" Town of Princetoni is anE Equal Opportunity Provider and Employer wwwmwptincetomnccon 503 Dr. Donnie H.J Jones, Jr.E Blvd West, Princeton, NC27569 Office: (919) 936-8171 Fax: (919)936-2842 Office! Hours: M-F 8AM-5PM    Date: Salesperson: Jeffrey Hill Manager: Robby Braswell Customer ID# #: 1546503  6/21/2023  leacolones  Gh I  FORI INTERNAL USE ONLY  CUSTOMER TOWN OF PRINCETON POBOX67 Address: PRINCETON, NC: 27569 JOHNSTON E-Mail: MASHWORTHOMYPRINCETONNG.COM  Home Phone: (919) 936-8171 Work Phone: Cell Phone: (919) 915-0693 Mileage: 10 35,524.00 30.00 1,066.62 107.45 .00 36,728.07  VEHICLE Stock #:7300311 Vehicle: 2023 Ford F-150 Type:  New /Used: New VIN:1FTMF1CB1CB1PKE65291  Color: OXFORD WHITE F1C  Market Value Selling Price Taxable Fees (Estimated) Tax Non Tax Fees Cash Deposit Balance  Customer Approval:  Management Approval:  Bysigning this authorzation lorm, youc certily thal the above personali information! Is correct anda accurate, anda authorze Information. By: signing above, provide to! thec dealorship andi ls afiliates consent to communicale withr mez aboutn verbal: andw written communicationsi including! butnot! limiled toe eMail, textr messaging. SMS, phone calls andd  Fori information Only. Thisi is no: and offerc ard contract for sale.  E  Toolbas  Tveluces  Spreylinw    o  Town of PRINCETON  Est 1873  DOWNTOWN FAÇADE GRANT PROGRAM  PROGRAM GUIDELINES AND APPLICATION PROCESS  2019  ELIGIBILTY  Who: Applicant must be the  property owner or a tenant with permission from the property owner.  What: improvements must meet  all standards in the Princeton Zoning Ordinance and State Building Codes.  Where: improvement site must be  within the Downtown Business Improvement  District.  tpaIdiaIve.TTaNhasmes-amd properyowerstostoassstthemim gtccmatmmireiTmiSATADIReANCTAKcAuTAeaTIARte mprovements,OradtsAttrctvesBIsgetothcPrinceton Downtown Business! ImprovemcntDstrict:    Grant Objective:  To provide financial incentives to business and property owners to assist them in façade preservation and restoration that demonstrates enhanced appearance, makes visual aesthetic improvements, oradds  attractive signage to the Princeton Downtown Business Improvement District.  Eligible xterorimprovements Exterior lighting Repair or purchase of new awnings Exterior painting Storefront or façade repair Window repair or replacement Masonry repair  Transom glass repatr/replacement ofarchitectural details or materials signage that is visible at nighta tand thati is aesthetically pleasing Costs related to the design, fabrication and installation ofsigns.  Adding lighting to existing signage to enhance the pedestrian experience with preference given to Building signage that enhances the pedestrian experience and clearly identifies the business  For the downtown façade grant program, façade is defined as an individual storefront orl building side which faces the public right-of-way or is otherwise visible to the general public. For the purpose ofthis grant program, separate addresses within a single building may qualify as separate facades ofone or more ofthe: spaces tenants are applying fora grant(s) subject to the guidelines oft the program. NOTE: Projects completed prior to submittal ofapplication are not eligible; however, a project can begin  prior to application approval. WhoCan Applv: 1. Property Owner Grant Deadline:  2. Commercial Tenants with the Property Owner's written permission  The grant deadline will be on a monthly basis. Applications may be submitted on the 15th day ofeach month. Applications are accepted on a first come, first tserved basis. Applications submitted on or before the 15th ofe each month will be reviewed by the Princeton Board of Commissioners ati its next regularly  scheduled meeting.  An applicant/Dusiness may submit an application up to twice per year. rawarded, the  applicant/business cannot reapply for the remainder of the fiscal year. This provision will not prohibita new business owner: from applying for a façade grant for the same property within the same fiscal year. The Eamcamountsunuosio,SAORETIODBIDNIPONEN/ Applicant project costs must total more than $2,000 in order to receive the maximum grant amount. Grants will be awarded throughout the fiscal year until allocated funds are exhausted. Funds not awarded in the current fiscal year will carry overi into the next fiscal year. The continuation of the façade grants program will be based  Grant Amount:  on allocated funds available ini the budget.  Application:  The application will be one pagei in length and made accessible to the public. Completed applications will consist of: 1) completed and signed application; 2) detailed and itemized project budget with cost    breakdowns; and 3) Photos of property/projectarea. Applications may be submitted via email to  mangenyptinctomcon Application Review Process:  1. Town Staffwill review the application for compliance and completeness.  2. Princeton Board of Commissioners review application and Town Stalfrecommendations  to prior  award decision.  3. Town Staff notifies applicant of award decision. 4. Grantee secures any necessary permits, ifapplicable.  5. Upon work completion, grantee must complete a Payment Requisition Form with copies of cancelled checks and/or contractor paid invoices as well as pictures of the completed 6. Town Staff will visitreview request and perform a site visit to ensure compliance with all 7. Grant reimbursement will be mailed to grantee within 30 days oft receipt of Payment Requisition  Pictures ofthe completed project will also be required.  project.  rules and permits. Form.  Decision Factors for Grant Approval: 1. Project Review Checklist:  a. Completed application due by 15th ofthe month b. Project proposes eligible exteriorimprovementts)  2. Extra consideration shall be provided to: a. New commercial businesses; - Recently expanded businesses; and/or  b. Removal of metal awnings and/or replacement off fabric awnings  d. Projects thatare creative or offer enhanced improvements or aesthetic appeal or translates  toi increased customer visitation or experiences in the downtown area.  3. Site visit and review of existing conditions;  4. Strength ofthe application and support materials submitted with theapplication will be judged  against otherapplications received in the same month;  5. Project costs; 6. Available program funds; 7. Grants previously awarded to property.  OverallGuidelines:  1. General maintenance guidelines may not be included in the grant application. 2. All improvements not listed under eligible improvements shall be considered ineligible 3. Projects must begin no later than three months after approval of the grant and completed within 4. Work shall confirm to all applicable ordinances and building codes. Grantees are required to 5. All work must be in keeping with the. specifications approved as part oft the grant application. 6. Approval or denial ofall applications by the town will be submitted in writing to the applicant  improvements. six months of grant award. secure any required permits. within two weeks of the decision.    DOWNTOWN FAÇADE GRANT PROGRAM  DOWNTOWN FACADEGRANT) PROGRAM APPLICATION  Town of PRINCETON  503 Doctor Donnie H Jones Ir Blvd W, PO Box 67,Princeton, NC: 27569  019936817/3mwemypanctomnccom  Est 1873  APPLICANT INFORMATION NAME: Leslie Ingram PHONE: 9196319941 EMAIL:  misiesiecuppytocsdancestudlio.com PROPERTY OWNER OR' TENANT! INFORMATION  NAME: Leslie Ingram ADDRESS: CIT: Prinsston OWN/RENT:  VEARSOINED/IEASED: PHONE: 9196319941 7IP: 27569 IFRENT,OWMERA APPROVAL. ATTACHED:  19  POI Box 220 02SoShest  STATE: NC  OWN  RENT  ES  PROPOSED IMPROVEMENTS DESCRIPTION:  New window units installedt toi improve not only the appearane oft thes comer ofl Pine and Edwards buet tot update duet boage.  TOTALESTIMATEDPROECICUSIR GRANT AMOUNTAPPLIEDE FOR: (BASED ONS 50/50N MATCH)  $8825. max  ww.myprninctonnc.com I (919)936-8171 I mashworin@myprincetonne.com    CONVENIENT GLASS SERVICE, INC.  901 U.S. Hwy 117 South Goldsboro, NC27530 Ph. (919)736-4505 Fax (919)736-1406  September 26. 2022  Re: 104 Pine St. Princeton. NC Attn: Jon Flemer  Email: jonflemer@yahoo.com  Convenient Glass Service proposes to furnish and install YES45TU2'x44 thermal aluminum storefront and entrance systems with narrow stile 3'6" wide door and dark bronze anodized finish by YKK. AP America. Window: glass shall be manufacturer's standard 1" bronze Low E and door glass shall be %" bronze tempered. Wewill furnish and install our manufacturer's: standard finish hardware toi include offset pivots, surface mounted closers. hookbolt latches. thumbturns. surface mounted sweeps and I-inch round push/pulls. Elevation drawings showing our proposed storefront are attached Workist to be performed during normal business hours (Monday thru Friday - 8. AM to 5 PM). We exclude final keying. engineered sealed drawings and final metal and glass cleaning. Our quote is based on curent market prices and is subject to change due to the volatility ofmarket costs.  for your review and approval.  Our price to perform the above work is.  $6.900.00  Irit is determined that high performance glass is required. we will need tO adjust our quote to reflect Peryour request. we offeras separute price to replace (6) pieces of%"window glass. Our priceto Iyou would like for us to proceed with this work, please sign & date below and return a copy ofthis  the additional costs. perform this work is.. -proposal to us. Kim Smith Estimator Accepted By  $750.00  Date    CONVENIENT GLASS SERVICE, INC.  901 U.S. Hwy 1175 South Goldsboro, NC27530 Ph. (919)736-4505 Fax (919)736-1406  September 28. 2022  Re: 104 Pine St.- REVISED Princeton. NC Attn: Jon Flemer  Email: jonflemerdyaho.com  Convenient Glass Service proposes to furnish and install YES45TU2'x +%" thermal aluminum storefront and entrance systems with narrow stile 36" wide door and dark bronze anodized finish by YKK AP. America. Window glass shall be manufacturer's: standard I"b bronzeLow E: and doors glass shall be %" bronze tempered. Wewill furnish and install our manufacturer's: standard finish hardware toir include offset pivots. surface mounted closers. hookbolt latches. thumblurns. surface mounted sweeps and I-inch round push/pulls. Elevation drawings showing our proposed storefront are attached Workis Lo be performedduring normal business hours (Monday thru Friday - 8AMISPMD. We exclude linal keying. engineered sealed drawings and final metal and glass cleaning. Ourquote is based on current market prices and is subject to change due to the volatiiity ofmarket COSIS.  foryour review: and approval.  Our price 10 perform the above Mork is..  58.825.00  sIfilis determined that high performance glass is required. we willl need to adjust our quote to reflect Peryour request. we offera separate price to replace (6) picces ofwindow glass. Our price to Ifyou would like for us to proceed with this work. please sign & date below: and return a copy ofthis  the additional costs. perform this work is.. proposal to us. Kim Smith Estimator Accepted By  $750.00  Date    A20    ERAE    II  Town of PRINCETON  DONALD B. RAINS MAYOR To: From:  Est 1873  MICHAEL KING TOWN ADMINISTRATOR  Town of Princeton, Board of Commissioners  J&N Developers, LLC 501 S. Pearl St Princeton, NC27569 RVCenAIccORERcON (919)921-2642  Subject: Date Submitted: Date of Review:  Adjustment- - Princeton Zoning Ordinance  June 22, 2023 June 29, 2023  Applicant is requesting to add storage units and pave aj portion oft the parcel ofl land located at 501 S Pearl St. The parcel ID is 04006013, and the NCPIN # is 264216-93-6392.JAN Developers, LLC is requesting an adjustment in the watershed percentage oft the developed land. According to the Zoning Ordinances,  the Town Board is responsible for the following:  Inc commercial: zoning districts, new development and expansions to existing development may occupy up to 10 percent oft the protected area of the watershed with up to 70 percent built-upon area on a proecl-by-proect basis when granted a. special use permit by the Town Board. Projects must, to the maximum extent practical, minimize built-upon surface area, direct storm water away from. surface waters, and incorporate Best Management Practices to minimize water quality As demonstrated in the attached map, the property has a current impervious total of 53%. By adding storage units and additional paving, this will move impervious total up to 68%, a change of 15%. This  impacts.  additional 15% consists ofa 0.72 acre increase.  See attached.  "PEACEFUL, PLEASANT, PROGRESSIVE, AND PROUD" Town of Princetoni isa an! Equal Opportunity Provider and Employer wwymyprincetonnes com 503 Dr. Donniel H.. Jones, Jr. Blvd West, Princeton, NC27569 Office: (919)936-8171 Fax: (919)936-2842 Office Hours: M-F8AM-SPM    Additional Pavement Storage Unit 30'x270  Storage Unit 30'x270  Storage Unit 30'x270  WEonendED9 EFIS Rds  64677  E.1820.987    12  TRC  114 Edinburgh! 5. Drive, Ste. 200 T919.827.0864  Cary, NC: 27511  TRCcompanles.com  June: 28, 2023 Michael King Town Administrator Town of Princeton 503 Dr. Donnie H.. Jones, Jr., Blvd. .W PO Box 67 Princeton, NC 27569  RE: Proposal for Professional Services-Environmental Due Diligence  Princeton Community Center TRC Proposal No.: Pending  Dear Mr. King,  On behalf of TRC Companies (TRC), thank youf for the opportunity to present our proposal to the Town of Princeton (Client) for professional services for the Princeton Community Center project located in  Princeton, North Carolina. 1.  PROJECT DESCRIPTION  The Client isi in the process of preparing ai funding application to the United States Department of Agriculture, Rural Development (USDA-RD) office. TRC proposes the following services to support the  application.  TASK A. PhaselEnvironmental Site Assessment  TASKB. Environmental Assessment in accordance with the National Environmental Policy Act  (NEPA) under USDA-RD Categorical Exclusion requirements  The scope of services and fee proposal provided herein are provided for Johnston County parcel #s 265209-05-5656, 265209-05-6686, 265209-05-7652, 265209-05-7535, 265209-05-9506 and 265209-05- 76521 totaling approximately 2-acres and located between N Center Street and Pearl Street int the Town of Princeton and based on our in-depth knowledge of and past experience int the Town and experience with similar projects. We are pleased to present the following for your review and approval.  A. - PhaselEnvironmental Site Assessment  TRC will conduct al Phase IEnvironmental: Site Assessment in general accordance with EPAI requirements for All Appropriate Inquiry (AAI) (environmental due diligence) for the approximately 2-acre project area consisting of. Johnston County parcel #s 265209-05-5656, 265209-05-6686, 265209-05-7652, 265209-05- 7535, 265209-05-9506 and 265209-05-7652, located between N Center Street and Pearl Street int the Town of Princeton. Toward meeting those requirements, the study will be conducted in general accordance with ASTM Practice E1527-21, Standard Practice for Environmental Site Assessments: Phase  Environmental Site Assessment Process (ASTM).    Michael King Town Administrator June 28, 2023 Page 2of5  The purpose of such an assessment is to identify "recognized environmental conditions" (RECs) as defined by ASTM. RECs meant the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property (1) due to ar release to the environment, (2) under conditions indicative ofarelease to the environment, or (3) under conditions that pose a material threat ofaf future release to ASTM Practice E: 1527-21 does not encompass a variety of environmental conditions that may nonetheless affect the suitability of a property fors specific development (for example indoor air quality, potential asbestos-containing materials, potential lead-based coatings, potential wetlands, threatened or endangered species, radon, or historic resources either on or adjacent to the subject property). However, during the site reconnaissance, ifi information is revealed or features observed that indicate the potential presence of one or more of these conditions at the site and not previously noted, it willl be documented and communicated. Ifadditional services are required to assess any of these conditions further Draper Aden Associates can provide at fee estimate as al lump sum or provided on at time and Deliverables and Schedule: We will prepare a Phase IESA Report, presenting thet findings of the study using a format that we deem most efficient for addressing thei issues identified by ASTM Standard Practice E: 1527-21. TRC will provide a digital version of the report (.PDF). We will complete and submit B.NEPA Environmental. Assessment in accordance with USDA RD Categorical Exclusion Guidelines Per requirements of the National Environmental Policy Act (NEPA) an Environmental. Assessment (EA) will be completed for this project in general, applicable accordance with US Department of Agriculture (USDA) Rural Development regulations and guidelines. Duet the nature and: size of the site disturbance associated with this project al NEPA EA is required. We will complete the NEPA EA (report) and with your review and approval submit to USDA RD State Environmental Coordinator's office fort their review andi further internal processing. Our scope of work under this proposal willl be complete with the submission of the EA1 to USDA RD, and one round of typical revisions if requested by USDAI RD. Additional rounds of revisions and/or additional activities (e.g., threatened and endangered (T&E) species review, intrusive site studies for historical or archeological resources) are above and beyond the typical baseline NEPA EAI review process anticipated fora a site of this current nature and condition and are noti included in our proposal; howeveri ift they become required wes stand ready to complete these  the environment. De minimis conditions are not RECs.  materials basis.  the PhaselESA within 3-4 weeks ofy your authorization to proceed.  additional tasks with your prior written approval.  Work Activities: Specific work activities include thet following efforts:  1. 2. 3. 4  Preliminary outreach and meeting with USDA-RD Project Officer and affirm specific Completion and submittal of Environmental Scoping Form for NC Clearinghouse. Initiate all State, Tribal, and Federal agency outreach required under the NEPA EA process Conduct desktop reviews supported by field reconnaissance for alli items required to be completed under the NEPA EA process for USDA-RD Categorical Exclusions.  expectations.  for USDA-RD Categorical Exclusions.    Michael King Town Administrator June 28, 2023 Page 30 of5 5. 6. 7. 8.  Prepare requisite NEPA EA documentation and supportingi information for submittal to  USDA-RD.  Submit to client for review and approval. Submit the NEPA EA document to USDA RD Project Officer.  Address one round of USDA-RD review comments, revise and resubmit EA document.  Assumptions: Thei following assumptions were considered for preparation ofi this scope:  The project should qualify for USDA-RD Categorical Exclusion with Environmental Report, and thei feesi in Section II below are based on this assumption. This cannot be guaranteed and is entirely dependent on USDA-RD's review and decision. Per telephone call on. June 28, 2023, with TownStaff and USDA-RD Project Officer Tobias Fullwood, we will provide Mr. Fullwood witha project description for this determination prior to start of work. The Client and or Central Pines Client to provide necessary information as needed for completion of Environmental Scoping  will provide TRC with project details necessary for this determination.  form. One site visit. and USDAI RD.  Client to provide access to all interior and exterior areas of the project site.  One projects scoping meeting and otheri incidental virtual meetings and discussions with Client Desktop reviews supported field reconnaissance for NEPA analysis is sufficient (noi in-depth field Desktop reviews and screening will not constitute formal agency reviews or acquisition of permits, outside of agency outreach and responses as noted in the Work Activities. Any required in-depth field studies, assessments, delineations or surveys will be conducted by We will complete and: submit the NEPA EA document within 75-90 days ofy your authorization top proceed; however, if responses from agencies that we contact are not received within 30 days of our outreach to those agencies, that may affect this proposed timeline. Alternatively, andi in consultation with the USDA-RD, we may conclude the EA document and submit to USDA-RD Public participation process including requisite advertising, meetings, outreach, and comment review from the publici is excluded from our current scope this cost estimate. Ours scope of work under this project for this task item finishes with the completion of the above  studies, assessments or surveys).  TRC or others and will require additional fees.  noting the pending agency responses. Assumes one round of comments from the USDA-RD.  described work.  II. FEES AND CONTRACTTERMS  We propose to provide the services described in Section Ila as outlined below, on a Time and materials  (T&M) basis billed monthly based on actual time and materials expended.  TASKS A and B:  15,000    Michael King Town Administrator June 28, 2023 Page 4of5  III. ADDITIONAL SERVICES  Our general terms and conditions are attached. Our current scope does noti include items unless specifically described herein. Any additional: services requested can be undertaken on a time and material basis or negotiated lumps sum feel based on your requirements in addition tot the fees outlined herein. Ifa any additional services should become necessary or desirable, al Request for Additional Wet thank you for giving us the opportunity to provide our proposal for professional: services. Ifthis proposal meets with your approval, please sign the Authorization to Proceed below and return itt to us. We look forward to working with you on this project. Please do not hesitate to contact us ify you have any  Services will be submitted.  Please keep a copy oft the proposal fory your records. questions or require any additional information.  Sincerely, TRC XSE Sril Nathella, PE Environmental Division Manager Attachments:  TRC General terms and conditions    Michael King Town Administrator June 28, 2023 Page 50 of5  AUTHORIZATION TO PROCEED  Environmental Due Diligence Princeton Community Center  I/We agree and accept TRC proposal to provide the above-described. services, as initialed below. We understand the Scope of Services as provided herein and agree to thei fees estimated for these services. Wet further acknowledge that TRC will provide a proposal for any change ini the Scope of Services described herein and that as signed agreement to provide those additional services will be executed prior  to any work being performed.  A. PhaselEnvironmental Site Assessment.  B. NEPA Environmental Assessment (Categorical Exclusion)  Printed Name  Title  Signature  Date:    TRC  TRC PROPOSAL TERMS AND CONDITIONS  These Terms and Conditions arei incorporated into the proposal to whicht these Terms and Conditions are attached (the "Proposal"). Thet term "TRC" herein shall mean the entity submitting the proposal. The term "Client" herein shall mean the person ore entity for whom the Work will be performed. Sometimes herein Client and' TRC: are referred to individually as a "Party" and collectively as the "Parties." As used herein, the term "Affiliate" means any direct or indirect, current orf future, subsidiary ofal Party, or any other entity whichi is controlled by al Party, or which controlsa al Party directly ort through one orr more intermediary. Thet term "control" as usedi int the priors sentence means possession, directly or indirectly, of at least fifty percent (50%) of the voting equity of another entity (or other comparable interest for an entity other than a corporation), or the power to direct or cause the direction oft the management or policies of ane entity, whether through ownership ofs securities, 1.1 Work. Deliverables. Materials. TRC will perform the consulting, engineering, and/or other professional services (the "Work"), provide the Deliverables (defined belowin Section 12.1), and/or procure the materials and/or equipment ("Materials"), as set forth 1.2 Agreement Documents. These Terms and Conditions, together with the Proposal, form the Agreement pursual to which TRC will perform. IfClient issues aj purchase order ors similar document authorizing the Work ("Client Authorization"), any pre-printed terms included in: any Client Authorization shall be ofr no effect: and are expressly excluded from this Agreement. 1.3 Interpretation. Int the event of any conflict ori inconsistency between or among any oft the Agreement Documents, these Terms and Conditions shall take precedence, followed by thel Proposal, unless expressly statedo otherwise herein ori int the Proposal. Int the event of any conflict or inconsistency between or among the terms or conditions established in a Change Order or amendment andt the Agreement, the terms of such Change Order or amendment will take precedence over those of the Agreement. No other terms or 1.4 Defined Terms. Some capitalized terms used in the Agreement may be defined in the Proposal. Any term defined in the Proposal will have the same meaning throughout the Agreement, and any term defined int the Agreement will have the same meaning in the  by contract, or otherwise.  ARTICLEI. WORK, AGREEMENT DOCUMENTS, AND PROJECT INFORMATION  inc detail int the Proposal.  conditions shall be applicable tot the Work.  Proposal. As used herein, the term "day" means "calendar day." Compensation. Clients shall pay the Contract Price set forth in the Proposal. invoices for Work rendered ande expenses incurred int the prior month.  ARTICLE2. COMPENSATION ANDI INVOICING  2.1  2.2 Invoicing. TRC will bill for its Work, and Client shall compensate TRC, as provided in the Proposal. TRC will submit monthly (a) Time and Expense. Any Work performed on: a time and expense or time and materials basis will bei invoiced as follows: (i) Rates shall be as set forth in the Proposal. Rates are subject toi increase on an annuall basis. (ii) TRC willl keep accurate and daily records of all labor, equipment, and materials furnished. TRC will summarize daily records ona a weekly and/or monthly basis and will submit for review upon Client's written request.  (iti) Reimbursable Expenses:  Project Expenses. Expenses reasonably incurred in connection with the Work will bei invoiced at 6% ofL Labor (includes in-house reproduction, office materials, telecommunications, standard software, postage, computer Insurance. A charge of2 2% willl be: applied to: alli invoiced amounts for the cost OfTRC's insurance coverage. Subcontractors. A fee of1 15% will be added tot the invoice cost ofs subcontracts managed by TRC Client Requested Expenses. Outside services such: as, but not limited to, outside reprographic: services, materials, Mileage. Personal automobile travel from portal to portal or between locations willl be charged at current IRS Travel Expenses. Airfare, car rental, taxi, parking, tolls, and incidental expenses will be invoiced at cost plus D on aj per diem basis, usingt the GSA per diem rates found! here: htrs/Aowsgovltraelplat-boolner. diem-rates. When lodging: and meals are charged on: aj per diem basis, a flat per diem rate will be charged  expenses, and field expendables).  and equipment, will bei invoiced at cost plus 10%. 10%, with receipts provided for any expense over $25.00. Lodging and Meals. Lodging and meals will be charged either: o ato cost plus 10%, with receipts provided for any expense over $25.00, or and receipts will not be provided for actual lodging and meale expenses.  mileage rates per mile.  (iv) Unless otherwises stated, the Contract Price does not include: any present orf future federal, state, orl local property, license, privilege, sales, use, excise, gross receipts or other like taxes or assessments which may be applicable to, measured by, (b) Lump Sum or Unit Prices. If Work is performed on a lump sum or unit price basis, TRC will invoice on the schedule provided for int thel Proposal or, ifnoi invoicing schedulei isi included int the Proposal, based on percentage ofo completion of (c) Disputed Invoices. IfClient objects to all or any portion of ani invoice, it must notify TRC in writing detailing the nature of the objection within seven (7) days from the date ofr receipt oft thei invoice, and must pay any undisputed portion of the invoice as provided in Section 2.3 below. The Parties will confer immediately after Client advises ofa dispute and the Parties will make every effort to immediately resolve the disputed portion of the invoice. If the Parties fail to reach  imposed upon, or resulting from the performance ofthe Work. Work or number oft units completed, as applicable.  TRC  Page lof8  P-01 ver. 2023.06.01    agreement att the project level on: a disputed invoice within thirty (30) days oft the date oft the invoice, either Party has the  option of proceeding in accordance with. Article 15, Dispute Resolution. in Section 16.121 below nol later than thirty (30) days after the date oft the invoice.  2.3 Payment Terms. Except as provided in Section 2.2(c) above, Client must pay all invoices as set forthi int the remittance instructions 2.4 Failure to Pay. Except as provided in Section 2.2(c) above, interest will accrue on all delinquent payments at the rate of1.5% per month, or the highest rate permissible under applicable law, whichever is less, starting on the 315 day after the date of an invoice. Additionally, if Client does not pay TRC within forty-five (45) days oft the date of an invoice, then, upon seven (7) days' written notice to Client, TRC may suspend performance oft the Work and any Deliverables until itr receives payment of the amount owing. Additionally, Client will reimburse TRC for all reasonable costs incurred by TRC in collecting any overdue payments and related interest, including, without limitation, reasonable attorneys' fees, other legal costs, court costs, ando collection agency fees. 2.5 Records/Audit- TRC will keep complete and accurate records in accordance with generally accepted accounting practices with respect to all amounts invoiced by TRC under this Agreement. TRC willl keep such records pertaining to each invoice for two (2) years aftert the date oft thei invoice. Ifan audit is commenced within such two (2), year period, Client must provide TRC with advance written notice oft the audit, such audit may only be performed during normal business hours, and such audit shall note extend to TRC's overhead, markups, profit/loss information, fixed rates, unit prices, prices expressed as percentages, efficiency in performing Work, 3.1 Time for Performance. TRC will use commercially reasonable efforts to perform the Work within the Contract Time stated in the Proposal to the extent consistent with the terms oft this Agreement, the Standard of Care defined below, and the orderly progress of 3.2 Completion. TRC's Work will bec considered complete att the earlierof: () the date when TRC's! Deliverables aret reasonably accepted by Client; or (ii) thirty (30) days aftert the date when the last ofTRC's Deliverables are submitted for final acceptance ifClient does notr notify TRC in writing withins such 30-day period that the Deliverables fail to conform tot the requirements oft the Agreement. 4.1 WorkAdedorChangedl by Client. Client shally provide TRC with ane equitable adjustment inc compensation: and time forp performance for any Work added or changed by Client. Any changes or additions tot the Work shall be set forth ina a written document signed by both! Parties("Change Order").T TRCI hasr noo obligation top proceed with changed ora additional work until the Partiese execute a Change 4.2 Force Majeure Events. No Party will be liable or responsible to the other Party, nor be deemed to have defaulted under this Agreement, for any failure or delay in fulfilling or performing any term oft this Agreement (except for any obligations to make payments tot the other Party hereunder), to the extent such failure or delay is caused by a Force Majeure Event. The term "Force Majeure Event" means any event which: (a) is not within the reasonable control oft the affected Party; and (b) causes the affected Party to be delayed inj performance of, or unable to perform, its obligations under this Agreement. Subject to the foregoing, Force Majeure Events include, but are not limited to: drought; fire; flood; extreme weather conditions; earthquake; lightning; epidemic; war (whether declared or undeclared); acts oft terrorism, or damage resulting therefrom; acts of God or the publice enemy; explosion; rebellion; riot; civil disturbance; sabotage; vandalism; actions ofthird parties; actions ofac court or other governmental entity; actions of, or failure to act by, regulatory agencies; strikes or other concerted acts of workers; accidents in shipping or transportation; and the closing or congestion (beyond reasonably foreseeable levels) in any harbor, dock, port, canal, or other adjunct of the shipping or navigation ofo or within any place; or pandemic, epidemic, org governmental: activity inr response to such pandemic or epidemic that impacts a Party's ability top perform. Thel Party affected by a Force Majeure Event: (i)r must promptly notify the other Party by email; (ii) isr relievedf from fulfillingi its contractual obligations during the continuance ofthel Force Majeure Event tot the extent the inability top perform is caused by the Force Majeure Event; (iii) ass soon as reasonably possible after the Force Majeure, must fulfill or resume fulfillingi its obligations hereunder; (iv) must promptly notify the other Party bye email ofthec cessation or partial cessation of the Force Majeure Event; and (v) will be entitled to equitable compensation and ane equitable adjustment oft the Contract Time to neutralize the effect of the Force Majeure Event. Within a reasonable time after cessation of the Force Majeure Event, any Party claiming additional time and/or compensation must provide the other Party with supporting information to substantiate its position. Ift the Parties fail to reach agreement at the project level on an amendment or a Change Order within thirty (30) days of the submission of supporting information, either Party has the option of proceeding ina accordance with. Article 15, Dispute Resolution. 4.3 Impacts to the Work. TRC will be entitled to equitable compensation for, and an equitable adjustment oft the Contract Time, tot the extent the Work isi impacted by any additional or changed Work as a result of any actions or circumstances not the fault OfTRC, including, but notl limited to: at failure ofC Client toj perform or cause performance ofits obligations in accordance witht the Agreement, including, but not limited to, failure to provide necessary access or Information (defined below); failure to provide necessary comments inc connection with the development ofa any Deliverables (defined below); interference with or delay of any Work caused by Client, or other party for whom Clienti is responsible; any error, omission, or ambiguity in Information; changes ins site conditions; delays in obtaining, or the absence, suspension, termination, or failure of renewal of, any permit, license, or governmental 4.4 Notice ofl Impacts to the Work. Whenever TRC discovers an event or a condition has impacted its Work so as to constitute a basis fora changei inc compensation ors schedule," TRC willr notify Client! by emailp promptly after discovery ofthee evento or condition, advising Client of the nature of the impact and requesting a Change Order. Within a reasonable time thereafter, TRC will provide Client supporting information to substantiate TRC's position. Ifthe Parties fail tor reach agreement at the project level on a Change Order request within thirty (30) days' of TRC's submission of supporting information, either Party has the option of proceeding in 4.5 DelaysbyTRC. Ifthe Worki isr not progressing ina accordance with the project schedule due tol TRC's fault, TRC willt take: appropriate corrective: measures to recover the schedule at" TRC's expense, tot the extent the delays are caused by" TRC's fault.  ora any trade secrets. ARTICLE3. TIMEI FORI PERFORMANCE the Work.  ARTICLE4. ADDITIONAL AND CHANGED WORK, DELAYS  Order.  authorization; and encountering any unforeseen conditions.  açcordance with Article 15, Dispute Resolution.   TRC  Page 20 of8  P-01 ver. 2023.06.01    ARTICLE5. CLIENT'SI RESPONSIBILITIES  5.1 Client Intormation. Client will furnish to TRC: all existing studies, reports, surveys, inspections, Project Site evaluations, data, and other information available ort that becomes available to Client and pertinent to TRC's pertormance oft the Work ("Information"), authorize TRC to obtain additional Information: as required; and furnish the services of others where necessary for the performance ofthe Work. TRC will be entitled to use and rely on the completeness and accuracy of all such Information. 5.2 Access. Where necessary for performance ofthe Work, Client will arrange for TRC: access to any site orp property. 5.3 Subsurface Investigations. Ifthe Work involves subsurface investigation, excavation, or drilling, Client must provide TRC with assistance in locating underground structures or utilities int the vicinity of any such activities. If despite commercially appropriate practices neither Client nor TRC can confirm the location of such underground structures or utilities, Client agrees that TRCi is not responsible for any costs associated with, and accepts alll liability ando costs associated with, the repair, replacement, or restoration of 5.4 Communication. Client will designate an authorized representative who will be responsible for communications and consultation 6.1 Standard ofCare. TRC will perform the Work consistent with the professional skill and care ordinarily provided by the same type of professional, for aj project ofs similar size, scope, and complexity during the time which the Work is provided, and in a similar 6.2 Warranty for Materials. Int the event TRC procures Materials pursuant tot this Agreement, TRC warrants to Client that thel Materials 6.3 Remedies. IfTRC's Work fails tor meett the Standard ofCarc"Nomsenforming Work"), ori ifany Materials fail to meet the Warranty ("Defective Materials"), and if Client provides written notice to TRC ofsuch failure no later than one (1) year after completion of the Work ("Correction Period"), at" TRC's option TRC will within a reasonable time after receipt of written notice: (a) re-perform the Non-conforming Work; (b) repair or replace the Defective Materials; or (c) refund the amount ofo compensation paid to TRC for such Non-conforming Work and/or Defective Materials. Client will provide TRC: access to the Project Site so TRC can perform its 6.4 Warranty Limitation. THE STANDARD OF CARE IS NOT A WARRANTY OR GUARANTEE, AND TRC HAS NO SUCH OBLIGATION, EXPRESS OR IMPLIED, WITH RESPECT TO PROFESSIONAL SERVICES. NOTHING IN THIS AGREEMENT WILL: BEI INTERPRETEDTO: REQUIRE TRC TO PERFORM PROFESSIONAL: SERVICES TO ANY HIGHER STANDARD OR HAVE. ANY OBLIGATION IN THE PERFORMANCE OF PROFESSIONAL SERVICES IN EXCESS OF WHAT IS REQUIRED BY THE STANDARD OF CARE, AND THIS SECTION WILL CONTROL OVER ANY CONTRARY PROVISION. OTHER THANTHE! EXPRESS WARRANTIES CONTAINEDHEREIN, TRCI DISCLAIMS. ALL WARRANTIES, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESSI FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE INTRADE. SUBJECTTO TRC'SI LIABILITY UNDER: SECTION! 9.2, CLIENT'S! EXCLUSIVE! REMEDIES. ANDTRC'SONLY OBLIGATIONS ARISING OUT OF A CLAIM FOR NONCONFORMING WORK AND/OR DEFECTIVE MATERIALS FOLLOWING: SUBSTANTIAL COMPLETION OF THE WORK WILL BE THOSE STATEDI INTHIS ARTICLE6. 6.5 Licenses. TRC will obtain in TRC's name the known licenses, permits, or other approvals from any governmental agency or 6.6 Resources. TRC will obtain all tools, equipment, materials, software, and licenses that are necessary for TRC toj perform the Work. 6.7 Employees. TRC will employ, discharge, pay, control, and direct its employees. TRC will employ only skilled professionals for 6.8 Inspections. Ifthe Work includes inspections during or after construction based upon TRC-prepared drawings or specihications, nothwithstanding anything to the contrary herein, consistent with the Standard of Care, TRC will visit the Project Site at intervals appropriate tot the state oft the contractor's operations, or as specifically provided in TRC's Work, (I) to become generally familiar with and to keep Client informed about the progress and quality oft the portion of the construction work completed, (2) to endeavor tog guard Client against defects and deficiencies int the construction work, and (3) to determine in general ift the construction work is being performed ina a manner indicating that, when fully completed, will bei in accordance with the applicable contract documents, but the sole responsibility for compliance with drawings and specifications will be with the entity performing the construction. TRC shall not have control of, nor be in charge of, nor shall be responsible for, the means, methods, techniques, sequences, procedures, construction, or safety precautions and programs in connection with any construction work, as these are solely the construction contractor's sI rights andi responsibilities. Furthermore, TRC: shall not be responsible for the failure ofClient, ora any party under contract with Client, including, but not limited to, any architect, engineer, consultant, contractor, ors subcontractor, to carry out their respective 6.9 Communication. TRC will designate an: authorizedi representative who willl be responsible for communications: and consultation with Client and who willl have the authority tor make decisions necessary for TRC to perform its Work. TRC will advise Client atr regular 7.1 Confidentiality Agreement. The Party receiving Confidential Information may include that Party's Representatives ("Recipient"). The term Representatives" means a Party's Affiliates and their respective employees, agents, subcontractors, and advisors. Recipient is not permitted to reveal Confidential Information (defined in Section 7.2 below) to any third party without written consent from an authorized representative of the Party disclosing the Confidential Information ("Discloser"). Notwithstanding the foregoing, Client acknowledges that TRC'sreview ofClient's Confidential Information will inevitably enhance TRC'sknowledge. and understanding ofClient'sb business inay way that cannot bes separated from TRC's other knowledge, and Client agrees that this Agreement shall not restrict TRC: in connection with the purchase, sale, or consideration of, or decisions related to,  any damage caused by the performance oft the Work. ARTICLE6. TRC'S OBLIGATIONS. AND WARRANTY  with TRC and who will have the authority to make decisions necessary for TRC top perform its Work.  locality, unders similar circumstances ("Standard of Care"). will ber new and free of defects in workmanship (Warranty").  obligations under this Section 6.3.  regulatory body that are necessary for TRC to perform the' Work.  Work requiring special qualifications.  responsibilities in accordance with their legal and contractual obligations.  intervals ofthe status ofthe Work. ARTICLE7. CONFIDENTIALITY  otheri investments. TRC  Page 3of8  P-01 ver. 2023.06.01    7.2 Confidential Information. The term "Confidential Information" includes: (i) all non-public information, materials, or products developed pursuant to this Agreement; and (ii) information about a Party's or its Representatives' business affairs, employees, finances, client and supplier relationships, rates,pricing, means and methods or work, services, intellectual property, trade secrets, and other sensitive, marketing, or proprietary information, whether disclosed orally ori in written, electronic, or other form or media. Notwithstanding the foregoing, however, Confidential Information shall not include the following: (i) information which at the time ofdisclosure is or becomes publicly available other than asa a result ofac disclosure by an act or omission ofF Recipient; (ii)i information which is or becomes available to Recipient on a nonconfidential basis from a source (other than from Discloser) which is not prohibited from disclosing such information pursuant to a legal, contractual or fiduciary obligation to Discloser; (iii) information which was already knownt tol Recipient; or (iv) information whichi isi independently developed! by Recipient. 7.3 Legal Obligation to Disclose. If Recipient is required by applicable law, regulation, or legal process to disclose any of the Confidential Information, Recipient will notify Discloser promptly so Discloser may (i) seek aj protective order or other appropriate remedy, (ii) take action to assure confidential handling of suchi information, and/or (in)i ini its sole discretion, waive compliance with the terms of this Agreement. Int the event such protective order ord otherr remedy ist not obtained, orl Discloser waives compliance with the terms! hereof, Recipient () may So disclose only that portion ofthe Confidential Information whichi itisl legally required to disclose and shall, upon request, reasonably assist Discloser with Discloser's efforts to obtain reliable assurance that confidential treatment will be afforded such Confidential Information, and (ii) shall not be liable for such disclosure. Notwithstanding the foregoing, Client acknowledges that one or more of TRC's Affiliates is a registered investment adviser and that TRC may be subject to routine examinations, investigations, regulatory sweeps, or other regulatory inquiries by applicable regulatory and self-regulatory authorities. Client agrees that TRCI may make such disclosures as may be requested by any such authority (or examiner thereof) and will not be required to comply with the process described in this paragraph; provided thati ifthe request by such authority (ore examiner thereof) iss specifically targeted at Client, TRC will notify Client (to the extent not prohibited by such authority or examiner or by applicable 7.4 Remedy. Each Party agrees the actual or threatened disclosure or use of any Confidential Information, other than as permitted under this Agreement, will causei irreparable harm tol Discloser, and Discloser willl bee entitled, without prejudice or limit to any other 7.5 Communications with Third Parties. To the extent the Work requires TRC to communicate with any third party including, but not limited to, owners oft the Project Site or other locations, former employees, current employees, org government authorities, TRCs shall soi inform Client. Fora alls such communications, Client releases TRC from claims ofbreach of confidentiality, waiver ofp privilege, or 8.1 Required Insurance Coverage. TRC will obtaina and maintain insurance oft the types: and amounts set forth herein. The insurance will bei ine effect before Work commences, and will remain ine effect until completion oft the Work. TRC will require any subcontractors to obtaina and maintain coverages appropriate tot their scope ofv work. TRC willl have the following insurance coverage: (a) Worker's Compensation Insurance and Employer's Liability Insurance as required by the law of the state in which the Project is located, but Employer'sL Liability coverage will bei int the amount of$1,000,000 each accident; Automobile Liability Insurance int the amount of$1,000,000 combined single limit per accident; (d) Commercial General Liability Insurance in the amount of$ $1,000,000 each occurrence, $2,000,000 general aggregate, and (e) Professional Liability Insurance int the amount of$1,000,000 each claim and $2,000,000 annual aggregate. 8.2 Additional Insured. TRC: shall provide additional insured coverage to Client under" TRC's auto and CGL policies coverage usingl ISO 8.3 Certificatsoflnsumnee Prior to commencing Work, TRC will furnish Client with certificate(s) ofinsurance evidencing compliance with thei insurance requirements herein. Renewal certificates will be provided to Client upon the expiration of any required insurance policies. No policy will be cancelled orr not renewed without thirty (30) days' prior written notice to Client. (a) "TRC Group" means TRC and its subcontractors of all tiers, and each oft their Affiliates, and all their officers, directors, and (b) "Client Group" means Client and its Affiliates, and all their officers, directors, and employees. (c) "Losses" means any and all damages, costs, or expenses, including, but not limited to, reasonable attorneys' fees, expert fees, (a) TRC WILL INDEMNIFY. AND HOLD HARMLESS CLIENT GROUP FROM ANY AND ALL LOSSES ARISING OUT OF CLAIMS TO THE EXTENT SUCHI CLAIMS ARE CAUSED BY TRC's NEGLIGENT ACTS, ERRORS, OR OMISSIONS IN THE PERFORMANCE OF ITS (b) WITH THE ENCEPTION OF CLAIMS ARISING UNDER SECTION 9.2(a), TRC WILL INDEMNIFY AND HOLD HARMLESS CLIENT GROUP FROM LOSSES, AND WILL DEFEND CLIENT GROUP FROM CLAIMS, DUE TO BODILY INJURY, DISEASE, DEATH, OR PROPERTY DAMAGE TO THE EXTENT SUCH BODILY INJURY, DISEASE, DEATH, OR PROPERTY DAMAGE IS CAUSED BY THE 9.3 CENT'SINDENNITY OBLIGATIONS. CLIENT WILL INDEMNIFY. ANDI HOLDI HARMLESS TRÇ GROUP FROMI LOSSES ARISING OUTOF CLAIMS DUE TOE BODILY INJURY, DISEASE, DEATH, OR PROPERTY DAMAGE1 TO THE EXTENT! SUCH BODILY INJURY, DISEASE, DEATH, OR PROPERTY DAMAGE IS CAUSED BY THE NEGLIGENCE ORI INTENTIONAL MISCONDUCT OF CLIENT IN THE PERFORMANCE OF1 THIS AREMETADOTIONALNROTMTISTARONGA ANYTHING1 TOTHECONTRARYI HEREIN, IN7 THE EVENTTRCPERFORNS INTRUSIVE GROUND EXPLORATIONS OR INVESTIGATIONS, INCLUDING BUT NOT LIMITED TO, ENCAVATION, DRILLING, BORING, OR PROBING  rule, regulation, orl law) as promptly as practicable following such request. remedy, to obtain injunctive relieft to prevent such unauthorized use or disclosure.  otherwise associated with any such communications.  ARTICLE8. INSURANCE  (c)  $2,000,000 products-completed. operations aggregate; and,  endorsement form CG20 101 1219.  ARTICLE9. INDEMNITY 9.1 Definitions.  employees.  and expenses and costs ofl litigation.  (d) "Claims" means allt thirdp party claims, lawsuits, demands, or actions. PROFESSIONALSERVICESUNDER THIS AGREEMENT.  9.2 IRCAhBTrONGaTONs  NEGLIGENCEORI INTENTIONALI MISCONDUCTOFTRCITNE. PERFORMANCE OFITSWORK.  TRC  Page 4of8  P-01 ver. 2023.06.01    ("SUBSURFACE INVESTIGATION") AS PART OF THE WORK, CLIENT WILL INDEMNIFY TRC GROUP FROM AND AGAINST LOSSES RESULTING FROM, OR ARISING OUT OF, CLAIMS FOR DAMAGES TO SUBSURFACE OR UNDERGROUND UTILITIES OR STRUCTURES, INCLUDING BUT NOT LIMITED TO, GAS, TELEPHONE, ELECTRIC, WATER, OR SEWER UTILITIES, WHOSE LOCATIONS WERE NOT DESIGNATED ORI IDENTIFIED1 TOTRCP PRIOR TOTHE COMMENCEMENT OF ANY SUBSURFACEI INVESTIGATION. 9.4 RISK OF Loss TO THE WORK. ADDITIONALLY, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IT IS UNDERSTOOD. AND AGREED1 THAT CLIENT BEARS ALLI RISK OF LOSS OF ORI DAMAGE1 TOTHE WORK AND7 THE FACILITIES WHICHA ARE THE SUBJECT OF1 THE WORK INCLUDING. ALL MATERIALS AND EQUIPMENT TO BE INCORPORATED THEREIN, AND CLIENT HEREBY RELEASES, AND: SHALLDEFEND, INDEMNIFY,AND! HOLDTRCGROUP HARMLESSI FROMA ANYSUCHLOSS ORI DAMAGE, HOWEVERSUCH 9.5 CONDITIONS PRECEDENT. EACHI PARTY AGREESTHATA ASAC CONDITIONI PRECEDENT1 TOITSO OBLIGATIONS TOI INDEMNIFY, ANDI HOLD HARMLESS,THE INDEMNIFIED! PARTY MUST GIVE PROMPT WRITTENI NOTICE' TO1 THE INDEMNIFYINGI PARTY OF ANY CLAIM COVERED BYA ARTICLES96 OR1 10, OR ANY OTHERI INDEMNIFICATION: CLAUSE INTHIS AGREEMENT. ASANA ADDITONALCONDTION PRECEDENT, FOR ANY CLAIM OTHER THAN A CLAIM ARISING OUT OF TRC's ALLEGED PROFESSIONAL NEGLIGENCE, THE INDEMNIFIED PARTY MUST ALLOW THE INDEMNIFYING PARTY1 TOREPRESENT THEI INTERESTS OFI EVERY INDEMNITEE INI DEFENDING. AND SETTLING SUCH CLAIM. IN THE EVENT ANY INDEMNITEE FAILS ORI REFUSES TO1 TENDER THE DEFENSE OF ANY: SUCH CLAIM TO1 THE INDEMNIFYING PARTY, SUCH PARTY's DEFENSE, HOLD HARMLESS, AND INDEMNITY OBLIGATIONS RELATED TO THAT CLAIM WILL BE NULL AND 9.6 APFORTIONMENT OF ATTORNEVS' FEES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, AFTER RESOLUTION OF A CLAIM UNDER ARTICLES! 9 OR 10, OR ANY OTHER PROVISIONI HEREIN PROVIDING FOR ONE PARTY TOI PROVIDE. A DEFENSE, IF THE NEGLIGENCE OR OTHER LEGALI FAULT OF ANY INDEMNITEE ISI DETERMINED! EITHERI BYI MUTUAL AGREEMENT OF1 THE PARTIES, OR BYF FINALADIUDICATION, TO HAVE BEENAC CONTRIBUTING CAUSE OF THE LOSSES RELATED1 TOSUCHO CLAIM, THENT THE INDEMNIFIED PARTY MUST REIMBURSE THE DEFENDING PARTY FOR1 THE COSTS, ATTORNEYS' FEES, OTHER LEGALI EXPENSES, AND EXPERT FEES EXPENDEDI FORI DEFENSE IN7 THE SAME PROPORTION, ASTHE INDEMNITEES' PROPORTION OFN NEGLIGENCE OR OTHER LEGALFAULT. 10.1 Pre-existing Conditions. Client and TRC acknowledge that, prior to the start of this Agreement, TRCI has not generated, handled, stored, treated, transported, disposed of, or in any way taken responsibility for any toxic or hazardous substance, including any contaminated soils, wastes, or substances, as defined by law ("Hazardous Substances") at the Project Site. Any Hazardous Substances originating with or generated by Client, or any pre-existing Hazardous Substances which are in, on, under, or migrating from the Project Site, ora any Hazardous Substances introduced to the Project Site by any party other than TRC Group (collectively, "Non-TRC Hazardous Substances"). shall, as between TRC: and Client, remain the sole and exclusive property of Client, it being the intention of the Parties that Client be solely responsible for such Non-TRC Hazardous Substances and shall be regarded as the owner and generator of all such Non-TRC Hazardous Substances for the purposes of this Agreement and all Work performed 10.2 Hazardous Substances Encountered During the Work: Disposition ofSamples. IfTRC encounters unexpected Hazardous Substances during performance oft the Work, andi if, in1 TRC's sole ande exclusive. judgment, such Hazardous Substances impede the performance ofthe Work, the Parties shall proceed as provided above in Section 4.4, and TRC shall suspend performance oft the Work until such Hazardous Substances are properly contained and/or removed. When containerization and labeling of Hazardous Substances is included in TRC's original scope of Work ori is added by Change Order, TRC will appropriately contain and label such materials; and leave the containers on the Project Site for proper, lawful removal, transport, and disposal by Client. All samples of soil, groundwater, waste, rock, or other materials collected from the Project Site will remain the property of Client and will ber returned to Client by TRC within thirty (30) days after submission of TRC's report, unless applicable law requires the retention or other disposition ofs such samples. All costs associated with the disposition orr returning ofs samples will be charged to Client. TRC will not sign any hazardous waste manifests orb bills ofl lading, anda all such manifests and generator numbers willl bei int the name of, ands signed by, Client. Nothing contained in this Agreement willl be construed or interpreted as requiring TRC, its officers, agents, servants, or employees to assume the status ofa generator, storer, treater, transporter, or disposer of! hazardous substances, or an arranger for disposal of hazardous substances, or a disposal facility as those terms appear within the Resource Conservation Recovery Act, 42 USCA, Section 6901, et seq. (RCRA), or withina any state statute ofs similar effect governing the treatment, storage, transportation or 10.3 TRC INDEMNITY FOR HAZARDOUS SUBSTANCES AND POLLUTION. To: THE FULLEST ENTENT PERMITTED BY LAW, TRC SHALL ASSUME. ALLI RESPONSIBILITY FOR, INCLUDING CONTROL. AND REMOVALOF, AND: SHALLI RELEASE, DEFEND, INDEMNIFY, ANDI HOLD HARMLESS, ALLI MEMBERS OF CLIENT GROUP FROM ANDA AGAINST ANYI LOSSES ARISING OUTO OF ORE RELATINGTO ANY HAZARDOUS 10.4 CUENTINDENNTYFORI HAZARDOUS SUBSTANCES AND POLLUTION. TOTHEE FULLEST ENTENTPERMITTED BYI LAW,CLIENT: SHALL RELEASE, DEFEND, INDEMNIFY,ANDI HOLD TRCC GROUP HARMLESS FROMA AND AGAINST, ANY LOSSES ARISING OUT OF ORI RELATING TO1 THE PRESENCE. AT THE PROJECT SITE OF NON-TRC HAZARDOUS SUBSTANCES. CLIENT SHALL ASSUME ALLI RESPONSIBILITY FOR, INCLUDING CONTROL AND REMOVAL OF, AND SHALL RELEASE, DEFEND, PROTECT, INDEMNIFY AND HOLD HARMLESS ALL MEMBERS OF TRC GROUP FROM AND AGAINST ANY LOSSES ARISING OUT OF OR RELATING TO, ANY NON-TRC HAZARDOUS SUBSTANCES DISCOVERED AT, BROUGHT TO, OR RELEASED AT THE PROJECT SITE, OR LEFT ON THE PROJECT SITE AFTER 11.1 Client's Separate Contractors. The Parties expressly acknowledge and agree that unless otherwise expressly provided for in the Proposal, during the pertormance of the Work TRC shall not (a) supervise, direct or control Client's other contractors or subcontractors at any tier; (b) have authority over or responsibility for the means, methods, techniques or sequences of work performed by such other contractors or subcontractors; (c) be responsible for job site safety or enforcement oft federal, state, local or other safety requirements in connection with the work performed by such other contractors ors subcontractors; (d) be responsible for  LOSS ORI DAMAGE! SHALLOCCUR.  VOID.  ARTICLE10. HAZARDOUS SUBSTANCES. ANDI POLLUTION  hereunder.  disposal of waste.  SUBSTANCES BROUGHTTO OR RELEASED, AT THE PROJECT! SITE BY TRC GROUP.  CONTAINERIZATION. BYTRC. ARTICLEI1. ALLOCATION OF RISK  TRC  Page5of8  P-01 ver. 2023.06.01    inspecting equipment ort tools used by such other contractors ors subcontractors; (e) bel liablef for any failure ofs such other contractors ors subcontractors to comply with applicable laws, rules, regulations, ordinances, codes, permit stipulations, or orders; or (f) bel liable for the acts or omissions of such other contractors or subcontractors including their failure to perform in accordance with their 11.2 Mutual Waiver ofConsequential Damages. Notwithstanding anything tot the contrary int this Agreement, TRC: and Client waive any and all claims against each other and each other's Affiliates, and under no circumstances shall either Party or its Affiliates be liable to the other, for incidental, consequential, special, multiple, and punitive damages arising out of or relating to this Agreement, regardless of whether such damages were foreseeable and whether or not the culpable Party was advised oft the possibility ofs such damages, and regardless of whether al Party's claim against the other Party is based in contract (including contract termination), indemnity, warranty, tort (including negligence), strict! liability or otherwise. This mutual waiver includes, but ist not limited to, rental expenses, loss oft use, loss of production, loss ofi income, loss of profit (except profit arising directly fromt the Work), loss off financing, 11.3 Limitation ofLiability. To the fulleste extent permitted by law, the total liability in the aggregate ofTRC and its Affiliates, and each oft their employees, officers, directors, subcontractors, ors suppliers to Client and anyone claiming by, through or under Client, on all claims of any kind arising out of or in any way related to TRC's Work, from any cause or causes whatsoever, including, but not limited to, negligence, errors, omissions, strict liability, indemnity, or breach of contract, will not exceed the compensation received by TRC undert this Agreement. All such liability will terminate upont the expiration oft the Correction Periods specified in Section 6.3. THIS SECTION SETS FORTH TRC'S SOLE LIABILITY AND ENTIRE OBLIGATION AND CLIENT'S EXCLUSIVE 12.1 Ownership of Deliverables. All Deliverables shall become the sole and entire property of Client after TRC receives payment for such Deliverables. As used herein, the term "Deliverable" means completedi instruments ofp professional services prepared: solely and exclusively for Client pursuant to the requirements of this Agreement, such as stamped reports, drawings, designs, completed calculations, recommendations, and evaluations in association with the Project, which are provided in PDF format or via email or other format required by the Agreement. The term Deliverable" does not apply to TRC'si internal notes or documentation, field data, laboratory test data, calculations, estimates, or any work-in-progress except to the extent the Agreement requires submission of preliminary or progress designs. Notwithstanding anything to the contrary herein, to the extent any Deliverables include proprietary information thati is not prepared: solely and exclusively for Client, such proprietary information shall remain the exclusive property ofTRC, but Client will have unrestricted and non-exclusive rights and license to use such information. TRC's proprietary information, includes, but ist not limited to, its seal, stamp, or certification; know-how; methodologies; techniques; processes; tools, pre-existing documents; trade secrets, patents, patents pending, standard details, templates, figures, or specifications; computer programs; software; inventions; intellectual property; ors systems (a) utilized ord developed priort tot the effective date ofthe Agreement; (b) developed for work being provided to: any person ore entity other than Client, and/or (c) owned or duly licensed by TRC and used int the performance oft the Work and/or embedded int the Deliverables; (d)i improved, modified, developed, or created by TRC in the course of or as a consequence of performing the Work. Furthermore, Client understands and agrees that TRC is a developer of computer software and that" TRC may use its own proprietary software, as well as others properly licensed to TRC, int the performance ofthe Work, and may develop other proprietary software during the course ofp performing the Work, which may include preliminary database formats ands spreadsheets: as well asp programming procedures and code. Client understands and agrees that alls suchp programs, 12.2 Use ofl Deliverables. Any Deliverable willl be prepared solely for use of Client for this Project. The Deliverables are not intended or represented tol be suitable tol be reused by Client, or used or relied upon by others outside of Client or one extensions oft the Project or on any other project. In the event Client, its employees, permitted assigns, successors, consultants, or contractors subsequently reproduces or otherwise uses the Deliverables or creates a derivative work based upon the Deliverables, unless prohibited by law, Client must remove or completely obliterate the original professional seals, trademarks, logos, and other indications on said Deliverablesoft thei identity OfTRC, its employees, ands sub-consultants. TRCwill be entitledt to equitable compensation inc connection with documenting any consent for Client ort third parties to rely ont the Deliverables for any purpose other than the purpose for which 12.3 Unauthorized Use of Deliverables. Client is prohibited from providing examples of TRC's Work to any individual or entity known by, or that reasonably should be known by, Client to be a competitor OfTRC for the purpose of reducing ore eliminating the Work associated with this Agreement. Furthermore, Clienti is prohibited fromp providing any statistical sampling information ona assessment issues, including but not limited tos statistical sampling information on production rates, remedy rates, numbers of pole change outs, types of violations, etc., thati is provided to Client by TRC, all of which must bet treated! by Client as Confidential Information. Int the event any Deliverables are utilized or disclosed by Clienti in any manner outside the: scope of, or prohibited by, this Agreement, TRC reserves the right to notify directly any third party of the limitations of its unauthorized use of the Deliverables. Client expressly acknowledges that this reservation by TRCi is necessary to protect and preserve TRC's professional reputation with respect to its 13.1 Client's Safety Requirements. Client must inform TRC of any written safèty procedures and regulations applicable tot the Project Site known to Client, as well as any special safety concerns or dangerous conditions att the Project Site. TRC andi its employees will 13.2 Project Site Safety. TRC commits to providing a safe and healthy work environment for its personnel and will require the same of its subcontractors. TRCs shall be responsible for the health and safety ofi its employees and be responsible fori its activities, ands shall ata all times conduct its operations undert this Agreement ina a manner to avoidr risk ofendangerment to thel health and safety of persons and property. Unless expressly included in the scope of Work, TRC will not have any responsibility for overall jobs safety for the Project or att the Project Site. IfTRC determines that its field personnel are unable to access required locations or perform required  contractual responsibilities.  loss ofbusiness, andl loss of reputation.  REMEDY FOR. ANY ACTION BROUGHT AGAINSTTRCI INI RELATION" TO THIS AGREEMENT.  ARTICLE12. DELIVERABLES  efforts, and materials are and willl be the exclusive property OfTRC (and/or third parties).  TRC prepared them.  work product. ARTICLE 13. SAFETY  adhere to the written safety procedures andi regulations provided by Client.  > TRC  Page 6of8  P-01 ver. 2023.06.01    Work in conformance with applicable safety standards, TRC may suspend performance until its personnel can safely perform their work. TRC will promptly provide Client with written notice of the location and nature of the unsafe conditions. If Client fails to provide safe access within a reasonable time, TRC may terminate ors suspend its performance in: accordance with Article 14. 13.3 Reporting of Incidents. In the event TRC isi involved in any loss, injury, or damage on Client's premises, ori ifs such injury, loss or damage involves property, equipment, or personnel of Client, or ifsuch accident involves any third party ina any manner whatsoever while TRC isp performing any duties within the scope oft this Agreement, TRC will promptly report such injury, loss, or damage to the attention of Client's s designated representative. Ift the matter involves loss ofli life, serious injury, or substantial property loss or damage, this report willl be made by telephone call, followed immediately by a report in writing sent via email. Ifthe matteri is ofa less serious nature, notification. may be made by email or by letter posted in regular United States mail. Alli injuries, loss or damage must be reported. Ther reporting of any such matter will noti imply any admission ofl liability ont the parto ofTRC. 14.1 Termination for Default. Int thee event ofar material breach ofthis Agreement by either Party, the nonbreaching! Party may give written notice to the breaching Party oft the nature of the default and demand for cure. Ift the breaching Party fails to cure or materially commence to cure within ten (10) days from receipt of the default notice, the non-breaching Party may provide a written notice of 14.2 Termination or Suspension for Convenience. Either Party mayt terminate ors suspend this Agreement, in whole ori inp part, by providing 14.3 Termination for Insolvency. Either Party has the right toi immediately terminate the Agreement, by providing written notice tot the other Party, int the event that (a) the other Party becomes insolvent, entersi into receivership, ist the subject ofay voluntary ori involuntary bankruptcy proceeding, or makes an assignment for the benefit of creditors; or (b) a substantial part of the other Party's property 14.4 Payments Due Post-Termination. TRC will be entitled tor receive payment for all Work performed prior to the effective date oft the suspension or termination, plus all reasonable costs associated with the suspension or termination, including, but not limited to, demobilization costs, re-stocking fees, cancellation fees, and costs incurred with respect to non-cancellable commitments. Ift the suspension or termination is the result of TRC's breach, prior to paying TRC Client will be entitled to offset its reasonable, direct, documented lossest tot the extent caused by" TRC'sbreach. Ifthe suspension ort termination is the result of Client's breach, in addition to all other compensation to which" TRCi is entitled, TRC will be entitled tor receive payment for its reasonable, direct, documented 15.1 Negotiation by Executives. The Parties will attempt in good faith to resolve any dispute, controversy, or claim arising out of or relating tot the Project or the Agreement or the breach thereof ("Dispute"), promptly by negotiation. When either Party determines it has exhausted its efforts to resolve a Dispute at the Project level, that Party may provide written notice to the other Party of the Dispute. Within fifteen (15) days after the date ofs such notice, executives oft both Parties who have authority toa agree to a settlement oft the Dispute and who are at a higher level of management than the persons with direct responsibility for administration oft this Agreement will meet at a mutually acceptable time and place (or, otherwise, at the Project Site), and thereafter as often as they reasonably deem necessary, to attempt tor resolve the Dispute. All negotiations pursuant to this subsection are confidential and will be treated as compromise and settlement negotiations for purposes of applicable rules ofe evidence. Ifthe Parties do not resolve the Dispute within sixty (60) days ofal Party notifying the other of the Dispute, unless extended by mutual agreement, either Party may 15.2 Governing Law, Jurisdiction. Venue. Unless otherwise required by law, this Agreement, and any act ort transactions to whichi it will apply, or which are contemplated hereby orl hereunder, will be governed by, and construed and interpreted in accordance with, the laws of the State ofConnecticut without regard to choice ofl law or conflicts ofl law principles. This choice ofl lawe expressly includes the applicable statutes of limitation. Venue for all actions under the Agreement willl bei ini Hartford, Connecticut. 15.3 Prevailing Party. Int the event of any binding dispute resolution proceeding, declaratory or otherwise, brought by al Party arising out ofc or relating to this Agreement, including but not limited to any breach or default of the Agreement, the prevailing Party will be entitled tor recover from the otherl Party: any and all expenses of litigation, court costs, expert and consultant fees, employee time and expenses, and reasonable attorneys' and other legal fees associated with such proceedings (collectively, "Litigation Expenses"), accruing as ofc commencement oft the proceeding andi including execution and collection ofa any award or judgment. Notwithstanding the foregoing, ifa written offer of compromise is made by either Party that is not accepted byt the other Party within thirty (30) days after receipt and thel Party not accepting such offer fails to obtain a more favorable judgment or award, the non-accepting Party will not bee entitledt tor recoveri itsl Litigation Expenses (eveni ifitist the prevailing Party): and willl be obligated to payt thel Litigation Expenses 16.1 Independent Contractor and Waiver ofBenefits. TRC is ani independent contractor and will not be regarded as ane employee or agent of Client. TRC agrees that it will not receive, and is not eligible to participate in, any employee benefit plan, insurance program, disability plan, medical benefits plan, or any other fringe benefit program sponsored and maintained by Client fori its regular active 16.2 Compliance with Laws. TRC will observe all applicable provisions oft the federal, state, and local laws and regulations, including 16.3 Severability. Ifany term, covenant, condition, or provision oft this Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder oft this Agreement will remaini in fullf force and effect, and will inr no way be affected, 16.4 Waiver. No waiver of any provision oft this Agreement, or consent to any departure therefrom, shall be effective unless in writing and signed by the waiving Party, and then such waiver or consent shall be effective only int the specific instance and for the specific purpose for whichg given. No failure or delay on the part of any Party ine exercising any right, power or remedy hereunder shallo operate  ARTICLE! 14. TERMINATION, ANDS SUSPENSION  termination oft the Agreement to the breaching Party.  written notice tot the other! Party atl least thirty (30) days priort to the effective date of termination. becomes subject to any levy, seizure, assignment or sale for orb by any creditor or government agency..  losses tot the extent caused by Client'sb breach. ARTICLE 15. DISPUTE RESOLUTION  commence litigation.  oft the offering Parly. ARTICLE16. MISCELLANEOUS  employees, and' TRC hereby waives any rights or claims related thereto. those relating to equal opportunity employment. impaired, ori invalidated thereby.  TRC  Page 7of8  P-01 ver. 2023.06.01    asa waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or furthere exercise 16.5 Assignment. Neither Party willa assign or transfer this Agreement without the prior written consent oft the other Party. Moreover, as a condition of any such written consent, such assignment willl be subject to the terms and conditions herein and no greater rights or remedies will be available to the assignee. In the event of an assignment by Client, Client will provide TRC with the information necessary for notices and invoicing (as applicable) prior to the effective date oft the assignment. Client hereby agrees that TRC may subcontract. and/or assigns some ora allo oft the Workt to one or more ofi its Affiliates tot the extent necessary to provide sufficient staffing 16.6 Captions. The captions oft the articles and sections int this Agreement are intended solely for the convenience of reference and will 16.7 Integration. This Agreement represents the entire understanding and agreement between the Parties and supersedes any and all prior or contemporaneous agreements, whether written or oral, and may be amended or modified only by a written amendment signed by 16.8 Amendments. This Agreement may be modified only by a Change Order or ana amendment executed in writing by a duly authorized 16.9 No Third Party Beneficiaries. Except as otherwise specifically provided for herein, this Agreement shall not be construed to confer any benefit ona any third party nota a Party tot this Agreement, nor shall itp provide any rights tos such thirdp party to enforce its provisions. Notwithstanding the foregoing, alll liability-limiting provisions ofthis Agreement shalle extend and inure to the benefitofalln members 16.10 Signatures. The Proposal may be executed electronically and/or in counterparts, each of which will be deemed an original, and all ofwhich together will be deemed to be one andt thes same instrument.. A copy oft the Proposal delivered ofelectronic transmission will be deemed toi have the same legal effect as delivery ofa manually signed original. Each person executing the Proposal warrants that 16.11 Notices. Any notice permitted to be given by email shall be sent tot the below representative. Any other notice required to be given pursuant to this Agreement must be in writing and sent by overnight delivery via USPS or a nationally recognized courier and Any notice so given will be deemed effective upon receipt. Either Party may change its representative or address effective ten (10)  thereof or the exercise ofa any other right, power or remedy hereunder.  and/ort too comply with applicable insurance or professional licensing requirements.  not define, limit, ora affect in: any way the provisions, terms, and conditions hereof or their interpretation.  both Parties. representative for each Party.  ofTRC.  he/shei isa authorized to dos So onl behalfo oft the Party for whom he/she signs the Proposal.  delivered tot the address setf forthi int the first paragraph above tot the attention oft the representative below: Ifto TRC, send tot the attention of: the person signing the Proposal Ifto Client, sendt tot the attention of: the recipient ofthe Proposal  days after written notice thereof tot the other Party.  16.12 Remittance Information. TRC remittance information for making payments is as follows:  U.S. Postal Service: TRC Lockbox POE Box 536282 Pittsburgh PA 15253-5904 Overnight Packages: TRCI Lockbox Attn: 536282 307: 23rd Street Extension, Suite 950 Pittsburgh, PA 15215 877-550-5933 Beneficiary Account Name: Beneficiary Account Number: Bank Codes:  Wire Instructions (PREFERREDI METHOD OF PAYMENT)  TRC Companies, Inc. - Concentration 2232037090 011500120 (Wires only) 211170114 (ACHonly) CTZIUS33 Citizens Bank AtictltsamanissN Dawn Dostie 207-660-7222  ABA Number: Routing Number: Swift Code: Bank Name:  Remittance Detail Email: TRC Contact: Contact Phone Number:  TRC  Page 8of8  P-01 ver. 2023.06.01