AGENDA Sawmills Town Hall Tuesday, March 15, 2022 6:00 pm  Regular Meeting of the Sawmills Town Council  1. Call To Order 2. Invocation 3. Pledge of Allegiance 4. Adopt Agenda 5. Approve Meeting Minutes 6. Public Comment  Mayor Pro Tem Clay Wilson Mayor Pro Tem Clay Wilson Mayor Pro Tem Clay Wilson Mayor Pro Tem Clay Wilson Mayor Pro Tem Clay Wilson Mayor Pro Tem Clay Wilson Mayor Pro Tem Clay Wilson Mayor Pro Tem Clay Wilson Mayor Pro Tem Clay Wilson Mayor Pro Tem Clay Wilson Mayor Pro Tem Clay Wilson Mayor Pro Tem Clay Wilson Mayor Pro Tem Clay Wilson  A. February 15, 2022 Regular Meeting Minutes B. February 15,2022 Closed Session Minutes  7. Public Hearing: Text Amendments A. Open Public Hearing B. Staff CommenyRecommendatons . - Public Comment D. Close Public Hearing E. Council Action 8. Recognitions: A. Recycle Rewards 9. Financial: 10. Discussion: 11. Public Comment 12. Updates:  A. American Legion Post 392 Donation Request  A. Town of Sawmills License Agreement for Cutting and Baling ofHay Mayor Pro Tem Clay Wilson  Mayor Pro Tem Clay Wilson Mayor Pro Tem Clay Wilson Town Manager Chase Winebarger Mayor Pro Tem Clay Wilson Mayor Pro Tem Clay Wilson Mayor Pro Tem Clay Wilson  A. Code Enforcement Report B. Town Manager Updates C. Council Comment  13. Closed Session: N.C.G.S. $143-318.11(a)3)  14. Adjourn    February 15, 2022 Page 1of6  TUESDAY, FEBRUARY 15, 2022  TOWN OF SAWMILLS REGULAR COUNCIL MEETING  6:00 PM  COUNCIL PRESENT Mayor Johnnie Greene Mayor Pro Tem Clay Wilson Keith Warren Melissa Curtis  STAFF PRESENT Chase Winebarger Julie A Good Terry Taylor Tanner Greene  COUNCIL ABSENT Joe Wesson Rebecca Johnson  CALL TO ORDER: Mayor Johnnie Greene called the meeting to order at approximately  6:04pm.  INVOCATION: Councilman Keith Warren gave the invocation.  PLEDGE OF ALLEGIANCE: Mayor Johnnie Greene led the Pledge of Allegiance.  ADOPT AGENDA: Mayor Johnnie Greene asked for a motion to adopt the February 15, Melissa Curtis made a motion, and Clay Wilson seconded, to adopt the February 15, 2022  2022 Agenda.  Agenda. All were in favor.  APPROVE FEBRUARY 8, 2022 REGULAR MEETING MINUTES: Mayor Johnnie Greene asked for a motion to approve the February 8, 2022 regular meeting minutes. Clay Wilson made a motion, and Keith Warren seconded, to approve the February 8, 2022  regular meeting minutes. All were in favor.  APPROVE FEBRUARY 8, 2022 CLOSED SESSION MINUTES: Mayor. Johnnie Greene asked for ai motion to approve the February 8, 2022 closed session minutes. Melissa Curtis made a motion, and Clay Wilson seconded, to approve the February 8, 2022  closed session minutes. All were in favor.    February 15,2022 Page 2of6  APRROVE FEBRUARY 8, 2022 BUDGET RETREAT MINUTES: Mayor Johnnie Greene asked for a motion to approve the February 8, 2022 budget retreat minutes. Clay Wilson made a motion, and Melissa Curtis seconded, to approve the February 8, 2022  budgetretreat minutes. All were in favor.  PUBLIC COMMENT: Mayor Johnnie Greene asked if anyone had any questions or  comments at this time. No one wished to speak RECOGNITIONS:  RECYCLE REWARDS WINNER: Mayor Johnnie Greene announced Sandra Helton, as the February Recycle Rewards winner. A credit of thirty-two dollars ($32.00) will be added  to the current sanitation bill. No Council action was required.  PLANNING:  CALL FOR PUBLIC HEARING FOR TEXT AMENDMENTS: Mayor Johnnie Greene stated that Municipalities are required to remove criminal (misdemeanor) language within their Town Codes, Zoning and Subdivision Ordinances specifically listed within senate bill 300 (SB300). Thej proposed amendments will affect the following sections oft the Town of  Sawmills Town Code:  Section 50.99 (Public Works penalties) Section 113.99 (Junkyard penalties) Section 153.999 (Zoning Ordinance) Section 152.999 (Subdivision Ordinance) Section 154.19 (Dwellings not in compliance) Section 154.54 (Housing standards)  The Town Council must hold a public hearing in order to change ordinance language. Clay Wilson made a motion, and Keith Warren seconded, to call for a public hearing for the proposed text amendment on March 15, 2022 at 6:00pm during the regularly scheduled  March meeting. All were in favor.  PUBLIC COMMENT: Mayor Pro Tem Clay Wilson asked if anyone had any questions or  comments at this time. No one wished to speak.    February 15, 2022 Page 3of6  UPDATES:  DECEMBER CODE ENFORCEMENT REPORT: Town Planner Dustin Millsaps stated  that there are thirteen (13) code enforcement cases open:  Wiley Fletcher, 2502 Crest Ln, Rubbish and Zoning Violation. Town Planner Dustin Millsaps stated that on November 23, 2021, a NOV letter was sent for rubbish being located sporadically on the property, as well as a zoning violation for the accessory buildings located on the property. Town Planner Dustin Millsaps stated that as of December 3, 2021, there had been no progress., Town Planner Dustin Millsaps stated that on February 8, 2022 the trash has been picked up out of the yard but it is not completely finished. Town Planner Dustin Millsaps stated that a final letter will be Steven Killian, 4801 Helton Rd, Rubbish. Town Planner Dustin Millsaps stated that a NOV letter, along with a copy ofthe Town'st trash pick up policy, was sent for rubbish sitting at the road. Town Planner Dustin Millsaps stated that as of December 3, 2021, rubbish had not been picked up but it seems that the rubbish has been covered with tarps. Town Planner Dustin Millsaps stated that a final letter willl be issued; David and Ashley Hoyle, 2465 Granville Dr, Rubbish. Town Planner Dustin Millsaps stated that on November 23, 2021, a NOV letter was sent. Town Planner Dustin Millsaps stated that as ofl December 3, 2021, it looks like there has been more: rubbish added. Town Planner Dustin Millsaps stated that on February 8, 2022, there were more rubbish added, along with a tent that is now located on the property. Town Planner Parker Cox, 2527 Sigmon Dr, Rubbish. Town Planner Dustin Millsaps stated that on November 23, 2021, al NOV letter was sent. Town Planner Dustin Millsaps stated that as ofDecember 3, 2021, the it has started to be cleaned, but there is still a substantial amount of rubbish remaining. Town Planner Dustin Millsaps stated that the property has been cleaned a little, but not enough to make a difference. Town Planner Dustin Gary Hicks, 2520 Sigmon Dr, Rubbish. Town Planner Dustin Millsaps stated that on November 23, 2021, a NOV letter was sent fpr dilapidated amd structures on the property. Town Planner Dustin Millsaps stated that the NOV: letter was returned to the Town on November 27, 2021. Town Planner Dustin Millsaps stated that he is trying Charles. J. and Candis S. Hagaman, 19101 Leah Dr. #13, Rubbish. Town Planner Dustin Millsaps stated that on October 29, 2021, he received a complaint from Public Works regarding various different properties on Leah Drive, some of which encroach on Town property. Town Planner Dustin Millsaps stated that there was al NOV letter sent out. Town Planner Dustin Millsaps stated that he went by the property on November 9, 2021 and there has been no progress on the issue. Interim Town Planner Alison Adams stated that she spoke to someone on December 15,2021 and was informed that they were hauling a trailer load off on December 16, 2021 and the remaining debris  issued;  Dustin Millsaps stated that a final letter will be issued;  Millsaps stated the a final letter will be issued;  to find different avenues to get the NOV letter to the right person;    February 15, 2022 Page 4 of6  will be taken care ofs shortly. Town Planner Dustin Millsaps stated that as of February 8, 2022, the property has not been cleaned. Town Planner Dustin Millsaps stated that Linda G. Wartko, 52991 Lakewood Dr., Rubbish. Town Planner Dustin Millsaps stated that on October 29, 2021, he received a complaint for stacks of newspapers and junk piled up around the yard. Town Planner Dustin Millsaps stated that he went by the home and observed numerous debris from the road in front, on the sides and all around thel home and sent al NOV letter out. Town Planner Dustin Millsaps stated that he went to the address on November 9, 2021 and there has been no progress on the issues. Town Planner Dustin Millsaps stated that he went by the property on December 3, 2021, and the problem still persists, ifnot worse, and it sees that the newspapers have been covered with newspapers and leaves. Town Planner Dustin Millsaps stated that asofFebruary 8, 2022 the newspapers have been moved to the back of the house and aj pile at the street. Town Planner Dustin Millsaps that a final letter will be issued; Ronald B and Cynthia H Herman, 4126 Shoun Dr. Rubbish. Town Planner Dustin Millsaps stated that he received a complaint and a NOV letter was sent out on September 28, 2021 for many different rubbish items in the yard (lawn mowers, appliances, etc.). Town Planner Dustin Millsaps stated that he went by the property on October 12, 2021 and the problem has started to be addressed, however, not completely. Town Planner Dustin Millsaps stated that he went by the property on November 9, 2021, and it looks that the property is almost completely clean. Town Planner Dustin Millsaps stated that he went by the property on December. 3, 2021, and the tenants seem to have accumulated more rubbish in the yard again. Town Planner Dustin Millsaps stated that as of February 8, 2022, the problem has gotten worse. Town Planner Dustin Millsaps stated that a final letter will be issued; Teresa Annas Compton, 4486 Sawmills School Road. Abandoned Mobile Home/Garbage and Rubbish. Town Planner Dustin Millsaps stated he received a complaint on January 13, 2020. Town Planner Dustin Millsaps stated that a NOV letter was sent out on January 23, 2020 with a deadline of February 10, 2020. Town Planner Dustin Millsaps stated that the trailer is not finished and located on the same property as the Compton house that the Town abated in 2018. Town Planner Dustin Millsaps stated that staff will investigate and work with attorney for possible courses of abatement. Town Planner Dustin Millsaps stated that one (1) of Ms. Compton's sons is scheduled to meet with staff in late February to work towards getting the property in his name and get the property cleaned up. Town Planner Dustin Millsaps stated that staff has is waiting for Ms. Compton's son to schedule a time to come in and speak with staffre regarding this property. Town Planner Dustin Millsaps stated that he went by the property on September 10, 2020 and the property is still in same condition with extremely high grass and would: recommend demolition. Town Planner Dustin Millsaps stated that he has been in contact with Town Attorney Terry Taylor and former Town Planner to get all the evidence for this property. Town Planner Dustin Millsaps stated that on February 19, 2021, the title search process had been started with Town Attorney Terry Taylor. Town Planner Dustin Millsaps stated that on March 11, 2021, there were three (3) heirs found from the title search process and  af final letter will be issued;    February 15, 2022 Page 5of6  letters had been sent out to all three (3) heirs. Town Planner Dustin Millsaps stated that as of May 11, 2021, fines have started to occur on this property. Town Planner Dustin Millsaps stated that as of. June 10, 2021, all information on this case has been handed over to Town Attorney Terry Taylor to explore all options that are left to close this case. Town Planner Dustin Millsaps stated that as of October 12, 2021 Town Attorney Terry Taylor is still engaged in the legal process oft trying to find heirs to the Edith Shatley, 2512 Crest Ln, Rubbish and Zoning Violation. Town Planner Dustin Millsaps stated that on November 23, 2021, a NOV letter was sent for rubbish and unpermitted accessory buildings, also of people living in at tent in the front yard. Town Planner Dustin Millsaps stated that as ofDecember 3, 2021, there had been no progress on the issues. Town Planner Dustin Millsaps stated that as of February 8, 2022, there Greene Properties, LLC, 4811 Helton Rd, Rubbish. Town Planner Dustin Millsaps stated that on November 23, 2021, a NOV letter, along with a copy of the Town's trash pick up policy, was sent for rubbish sitting at the road. Town Planner Dustin Millsaps stated that as ofDecember 3, 2021, the issue has been resolved; Charles J. and Candis S. Hagaman, 1910 Leah Dr. #12, Rubbish. Town Planner. Dustin Millsaps stated that on October 29, 2021, he received a complaint from Public Works regarding various different properties on Leah Drive, some of which encroach on Town property. Town Planner Dustin Millsaps stated that there was al NOV letter sent out. Town Planner Dustin Millsaps stated that he went by the property on November 9,2021 and there has been some progress on1 the issue. Town Planner Dustin Millsaps stated that on December 3, 2021, all of the debris has been cleaned, the only issue remaining is an old car that is neither the tenant's car nor the property owner. Town Planner Dustin Millsaps stated that property owner will need to get an attorney tol have Jose A Montes and Ana C Robles, 4321 Cherokee Ct. Rubbish. Town Planner Dustin Millsaps stated that he received a complaint and a NOV letter was sent out on October 5, 2021 for overgrown grass as well as rubbish all around the yard. Town Planner Dustin Millsaps stated that he went by the property on October 12, 2021, and November 9, 2021 and the problem still exists. Town Planner Dustin Millsaps stated Charles. J. and Candis S. Hagaman, 1910 Leah. Dr. #19, Rubbish. Town Planner Dustin Millsaps stated that on October 29, 2021, he received a complaint from Public Works regarding various different properties on Leah Drive, some of which encroach on Townj property. Town Planner Dustin Millsaps stated that there wasal NOV letter sent out. Town Planner Dustin Millsaps stated that he went by the property on November  property;  has been no progress on the issues;  the car removed;  that he recently learned that the property is in foreclosure;  9, 2021 and the issue has been resolved.  No Council action was required.  TOWN MANAGER UPDATES: Town Manager Chase Winebarger stated that he gave all    February 15, 2022 Page 6of6  his updates at the February 8, 2022 meeting.  COUNCIL COMMENTS:  Keith Warren wanted to thank everyone for coming to the meeting.  CLOSED SESSION PURSUANT TO N.C.G.S. 143.318-11(A)3): Mayor Johnnie Clay Wilson made ai motion, and Keith Warren seconded, to go into closed session pursuant tol N.C.G.S. $ 143.318-11(a)03) at approximately 6:09pm. All were in favor. Clay Wilson made a motion, and Keith Warren seconded, to come out of closed session at  Greene asked for ai motion to go: into closed session.  approximately 6:37pm. All were in favor.  BUDGET AMENDMENT AND ACQUISITION: Mayor Johnnie Greene stated that Council had advised staff to move ahead with the purchase of acreage, buildings and clean- up costs to not to exceed the amount of one hundred fifteen thousand dollars ($115,000.00). This amount will: need tol bei moved from the General Fund and Community Development into the Capital Outlay Fund, Contractors-Code Enforcement and Contingencies through al budget Clay Wilson madear motion, and Melissa Curtis seconded, to approve the Budget Amendment for the total amount of one hundred fifteen thousand dollars ($115,000.00) and first acquisition ofthe property portion in accordance with the Settlement Agreement and Contract attached hereto. The amount of the Budget Amendment will need to be moved from the General Fund and Community Development into the Capital Outlay Fund, Contractors-Code  amendment.  Enforcement and Contingencies. All were in favor.  COUNCIL ADJOURN: Mayor Johnnie Greene asked for a motion to adjourn.  Melissa Curtis made a motion, and Clay Wilson seconded, to adjourn the meeting. All were  in favor.  The meeting was adjourned at approximately 6:39pm.  Clay Wilson, Mayor Pro Tem  Julie A. Good, Town Clerk    -Orat-  SETTLEMENT AGREEMENT AND RELEASE  This Setflement. Agreement: and Release ("Agreement'): is made and entered into this thei day of February, 2022 by and betwéen the State of North Carolina on relation of the County of Caldwell, North Carolina (hereinafter "State ofNC"), Dustin C. Chester (hereinafter "D. Chester"), and Charlene P. Chester (hèreinafter "C. Chester") (State ofNC, D. Chester, and C. Chester are referred to hereinafter  collectively as the "Parties").  WITNESSETH  WHEREAS, D. Chester and C. Chester are the owners in interest oft the Property, located at 4110. Ardmore Lane, Hudson, Caldwell County, North Carolina (the "Property"). The Property is described in the Deeds duly recorded in the Déed Book 1202, Page 1550 and Book 2048, Page 857 in the Office oft the Caldwell County Register ofl Deeds and referenced as Caldwell County Parcel ID034127,03 WHEREAS, on December 17, 2021, the State ofNC: notified D. Chester and C. Chester formally that the State ofl NC contended that the ownership of the.  4127A, and034127B.  Property constituted a public nuisance.  WHEREAS, D. Chester and C. Chester deny that they or any of theirinvitees had prior knowledge of or acquiesced in or participated in any activities on the Property described herein that might constitute aj public nuisance.  WHEREAS, the Parties, recognizing the expense and uncertainty of litigation, desire to compromise and settle any and all disputes arising out of or in any way connected with the matters above and issues involved in the above-  described civil action;  THEREFORE, in consideration of the following terms and conditions, and other good and valuable consideration, the receipt and sufficiency ofwhich are  specifically acknowledged, the Parties agree as follows:  1. Cessation ofAlleged Nuisance Activities. D. Chester and C, Chester agree to use the good faith efforts outlined herein to abate the alleged nuisance upon the Property, together with and including all buildings and improyements thereon. Further, D. Chester and C. Chester agree that they shall not participate in  maintaining a nuisance on the Property.  2. TansferofOwnerahip Interest. D. Chester and C. Chester agree to sign a binding contract to sell their individual interest in the Property to the Town of Sawmills, a North Carolina Municipal Corporation. All parties understand that a portion oft the Property cannot be sold until the Estate of Charles Ronald Chester is 3. Limitations on Occupancy. D. Chester and C. Chester agree that immediately upon the signing oft this Agreement that no person other than  administered.  1    themselves and their respective significant other (Laura Mauney and Robert Gilbert) are to occupy any building or appurtenant curtilage oft the Property: D. Chester and C. Chester agree to sign a limited real estate power of attorney simultaneously with the signing oft this agréement in which they authorize the Sheriff of Caldwell County or his designees to enforce trespass laws with respect to the propèrty. Said limited power of attorney is not revocable until the ownership of this Agreement, D. Chester and C. Chester agree to vacate the Property and to remove any and all items of personal property. Failure to remoye any and all personal property within the specified time aforementioned, shall constitute a  the complete property is transferred.  4.  Requirement of Surrender. Within thirty (30) days oft the execution of  forfeiture of said personal property.  5.  CriminalActivity D. Chester and C. Chester agree that sO long as  they shall remain on the property, they shall not commit, nor allow others to commit the State ofNC not pursuing a Chapter 191 Nuisance Abatement action against D. Chester and C. Chester, and any non-compliance of Sections 1 through 5 by D. Chester and C. Chester, shall be considered a breach of this Agreement and the State of NC shall have the right to exercise and all legal recourse related to this 7. The State of North Carolina on relation of the County of Caldwell, North Carolina, for themselves, their representatives, officers, directors, boards, shareholders, employees, agents, contractors, subcontractors, affiliates, attorneys, successors, and assigns, hereby release and forever discharge and, by these presents, do release and discharge D. Chester and C. Chester, their representatives, offiçers, directors, boards, shareholders;, employees, agents, contractors, subcontractors, affiliates, attorneys, successors, and assigns ("Released Parties"), from any and all claims, demands, rights, damages, causes of action, costs, losses or expenses, economic and non-economic losses, indemnification and contribution, and/or liabilities of whatever nature that arise out of ori in any way relate to the alleged public nuisance described above, whether known or unknown, whether foreseen or unforeseen, whether pled or not) pled in the dispute described above, and whether accrued or not yet accrued, including any liability or responsibility that either D. Chester or C, Chester may have arising out oft the alleged public nuisance, or in any matter related thereto, from the beginning oft time until this date; subject to the provisions herein and the transfer oft the. Property. This Settlement Agreement and Release shall be binding upon all oft the Parties and their heirs and assigns, and shall inure to the benefit of all ofthe Parties and their successors, assigns, affiliates,  any criminal activity on thej property.  6.  Performance of Sections 1 through 5, above shall be consideration for  Property.  agents, employees and legal representatives.  2    8. Any notices required herein shall be addressed to D. Chester and C.  Chester at each of the following:  Dustin C. Chester (828)726-4849 Charlene P. Chester (252) 363-8113  2.823 Twin MendowsDriw, Hudsmn,Ne 28433 wtyaen 2754 Fairwpodocie, Hudis,NCZ8U3  9. The above recitations are material terms oft this Agreement and are 10. The Parties agree to the following miscellaneous provisions: a, The Parties agree to execute any and. all documents necessary to b. The Parties agree that should any of the Parties héreafter discover facts different from or in addition to those matters and things set forth abové or which aré currently known or currently believed by the Parties to be true, this Agreement shall nevertheless be and remain in This. Agreement constitutes thé entire agreèment oft the Parties and shall not be modified in any manner, except by written instrument d. The performance of any oft the terms set forth herein shall not be construed as an admission ofl liability on the. part of any party hereto. e. The provisions oft this Agreement shall inuré to the benefit of and shall bel binding upon the Parties hereto and their respective successors and The Parties attest that this Agreement is voluntarily made after ample opportunity to review the document with any individuals, The Parties warrant and represent that they are represented by counsel oft their choosing and that this Agreement is a result of negotiations between the. Parties, as a result oft the foregoing, no presumption shall be created ini favor for or against any Party with respect to the interpretation of any term or provision of this Agreement as a result oft the fact that this Agreement was prepared by or on behalf of one oft the Parties or their counsel. h. Ifany provision of this Agreementi is held to be illegal, invalid or unenforceable under present or future law; said provision shall be fully severable. This Agreement shall be construed and enforced as if  made à part hereof and are not: mere recitals.  effectuate the terms of this Agreement.  full force and effect in all respects.  signed by both parties.  assigns, as may be applicable.  advisors, and counsel sO desired.  3    said illegal, invalid or unenforceable provision had neyer comprised a part oft this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and be unaffected by said illegal, invalid or unenforceable provision or by its severance: from this agreement. Furthermore; in lieu of said illegal, invalid or unenforceable provision, there shall be automatically added to this Agreement a substitute provision as similar in terms to the severed provision as may be possible and yet remain legal, valid and Each party shall pay their own costs and attorney fees.  enforceable.  This Agreement shall be governed and interpreted by the laws oft the State of North Carolina and in the event of any dispute regarding this Agreement, the Parties agree that Caldwell County, North Carolina  shall be the proper venue.  [SIGNATURES ON FOLLOWING PAGES]  4    AGREEMENT FOR PURCHASE. AND SALE OFI REAL) PROPERTY  THIS AGREEMENT, including any and all addenda attached hereto ("Agreement"), is by and between TOWN OF SAWMILLS, North Carolina Municipal Corporation ("Buyer") and CHARLENE P. CHESTER, Single and DUSTIN C. CHESTER, Single FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE. HEREBY ACKNOWLBDGED, THE Section 1. Terms and Definitions: The terms listed below shall have the respective meaning given them as set forth adjacent to each  (collectively "Seller").  PARTIES HERETO. AGREE. AS FOLLOWS:  term.  (a) "Property Description": Adryleplcsrpwfit IDI No.)  4110. Ardmore Lane, Hudson, NC28638 PN:276.67200/Pameel IDI No. 03-41-2-7  Plat Reference: Deed Book 275 at Page 242, Caldwell County Registry.   Ifthis box is checked, "Property" shall mean that property described attached hereto and incorporated herewith by  reference.  Saleis"AsIs", "Where Is", with all faults. 4,6000 "Purchase Price" shall mean the sum of  /1001 Dollars.  payable on thej following terms: ort terms as follows:  $500.00  (0"Earnest Money" shall mean Fivel Hundred and No/100 Dollars.  Upon this Agreement becoming a contract in accordance with Section 14, the Earnest Money shall be made payable to Terry M. Taylor Trust Account and promptly deposited in escrow with Terry M. Taylor, Esquire, Young, Morphis, Bach & Taylor, LLP (name of person/entity with whom deposited), to be applied as part payment oft the Purchase Price oft thel Property at Closing, or disbursed as agreed upon under a ANY EARNEST MONEY DEPOSITED BY BUYER IN A TRUST ACCOUNT MAY BE PLACEDI IN ANI INTEREST BEARING TRUST. ACCOUNT, AND: (check only ONE box) a ANY INTEREST EARNED THEREON SHALL BE APPLIED AS PARTI PAYMENT OF THE PURCHASE PRICE OF THE PROPERTY AT CLOSING, OR DISBURSED AS AGREED UPON UNDER THE PROVISIONS OF SECTION 10 HEREIN. (Buyer'sTaxpayer. Identification Number a ANY INTEREST EARNED THEREON SHALL BELONG TO THE ACCOUNT HOLDER IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT  the provisions ofSection 101 herein.  is:.  ANDI RECORDS ASSOCIATED THEREWITH. (i)! Proceeds ofan new loani int the amount of  SN/A  Dollars fora at term of % of the loan  years, with an amortization period not to exceed  years, at an interest rate not to exceed  % per annum with mortgage loan discount points not to exceed  amount, or such other terms as may be set forth on Exhibit B if applicable. Buyer shall pay all costs (ii) Delivery of a promissory note secured by a deed of trust, said promissory note in the amount of installments of principal, together with accrued interest on the outstanding principal balance at the rate  associated with any such loan. being payable over at term of Seller hicpocc  $N/A  Dollars  years, with an amortization period of years, payable in monthly  Buyer Initials_    of  percent  %) per annum int the amount ofs_  with the first principal payment beginning on the first day of the month next succeeding the date of Closing, or such other terms as may be set forth on Exhibit. B. Ata any time, the promissory) note may be prepaid in whole or in part) without penalty and without further interest on the amounts prepaid from the date ofs such prepayment. (NOTE: In the event of Buyer's subsequent default upon a promissory note and deed of trust given hereunder, Seller's remedies may bel limited to foreclosure oft thel Property. If the deed of trust given hereunder is subordinated to senior financing, the material terms ofs such financing must be set forth on Exhibit B. If such senior financing is subsequently foreclosed, the (iv) Assumption of that unpaid obligation of Seller secured by a deed of trust on the Property, such under this Agreement are conditioned upon Buyer being able to assume the existing loan described above. If such assumption requires the lender's approval, Buyer agrees to use its best efforts to secure such approval and to advise Seller immediately upon receipt of thel lender's decision. Approval must be granted this Agreement for failure to be able to assume the loan described above by delivering to Seller written notice of termination by the above date, time being of the essence. If Buyer delivers such notice, this Agreement shall be null and void and Earnest Money shall be refunded to Buyer. If Buyer fails to deliver such notice, then Buyer will be deemed to have waived the loan condition. Unless provided otherwise in Section 3 hereof, Buyer shall pay all fees and costs associated with any such assumption, including any assumption fee charged by the lender. At or before Closing, Seller shall assign to Buyer all interest ofSeller in any current reserves or escrows held by the lender, any property management company and/or Seller, including but not limited to any tenant improvement reserves, leasing commission reserves, security deposits and operating or capital reserves for which Seller shall be credited said amounts at Closing (v) Cash, balance of Purchase Price, at Closing in the amount of  Seller may have no remedy to recover under the note.) obligation having an outstanding principal balance of$ and evidenced by a note bearing interest att the rate of per annum, and a current payment amount ofs_  $N/A  percent The obligations of Buyer  %)  on or before.  On or before this date, Buyer has the right to terminate  00  sla,0"  and /1001 Dollars.  (c) "Closing" shall mean the date and time of recording oft the deed. Closing shall occur on or before ten (10) days  after Examination Period.  (d) "Contract Date" means the date this Agreement has been fully executed by both Buyer and Seller.  (e) "Examination Period" shall mean the period beginning on the Contract Date and extending through thet thirty (30)  days.  such that a clear Title Insurance Commitment can be  obtained, whichever is required for sale. TIMEISOFTHE. ESSENCE. ASTOTHE EXAMINATIONI PERIOD.  (f)  "Broker(s)" shall mean: N/A ("Listing Agency"), Acting as: a Seller's Agent; and N/A ("Selling Agency"), Acting as: a Buyer's Agent;  ("Listing Agent" -I License #  Dual Agent  ("Selling Agent"-I License #  Seller's (Sub)Agent;  Dual Agent  Buyer Initials  Seller liafp Occ    (g) "Seller'sNotice Address" shall be as follows:  clo Angela Clark, Attorney Clark & Clark, P.A. 205) Ridge Street, NW Lenoir, NC28645  except as same may be changed pursuant to Section 12. (h) "Buyer's Notice Address" shall be as follows:  Town of Sawmills 4076 US Hwy. 321A Sawmills, NC2 28630  except as same may be changed pursuant to Section 12. draft conditions or contingencies to this Agreement.)  a (i) If this block is marked, additional terms of this Agreement are set forth on Exhibit B attached hereto and Section 2. Sale of Property and Payment of Purchase Price: Seller agrees to sell and Buyer agrees to buy the Property for the Section 3. Proration of Expenses and Payment of Costs: Seller and Buyer agree that all property taxes (on a calendar year basis), leases, rents, mortgage payments and utilities or any other assumed liabilities as detailed on attached Exhibit B, prorated of the date of Closing. Seller shall pay for preparation ofa deed and all other documents necessary to perform Seller's obligations under this Agreement, excise tax (revenue stamps), any deferred or rollback taxes, and other conveyance fees or taxes  incorporated herein by referençe. (Note: Under North Carolina law, real estate agents are not permitted to  Purchase Price.  shall be ifany,  as  required byl law, and the following:  Buyer sball pay recording costs, costs of any title search, title insurance, survey, the cost of any inspections or investigations  undertaken by Buyer under this Agreement and the following: Each party shall pay its own attorney's fees.  Section 4. Deliveries: Seller agrees to use best efforts to deliver to Buyer as soon as reasonably possible after the Contract Date copies of all information relating to the Property in possession of or available to Seller, including but not limited to: title insurance policies, surveys and copies ofall presently effective warranties or service contracts related to the Property. Seller authorizes (I)any attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorney's file tol Buyer and both Buyer's and Seller's agents and attorneys; and (2) the Property's titlei insurer or its agent to release and disclose all: materials in the Property's title insurer's (or title insurer's agent's) file tol Buyer and both Buyer's and Seller's agents and attorneys. IfBuyer does not consummate the Çlosing for any reason other than Seller default, then) Buyer shall return to Seller all materials delivered by Seller to Buyer pursuant to this Section 4 (or Section 7, ifapplicable), ifany, ands shall, upon Seller's request, provide to Seller copies of(subject to the ownership and copyright interests oft thej preparer thereof) any and all studies, reports, surveys and other information relating directly tot thel Property prepared by or att the request ofl Buyer, its employees and agents, and shall deliver to Seller, upon the release oft the Earnest Money, copies ofall ofthe foregoing without any warranty or representation byl Buyer as tot the contents, accuracy or correctness thereof. Section 5. Evidence of Title: Seller agrees to convey fee simple marketable and insurable title to the Property free and clear of all liens, encumbrances and defects of title other than: (a): zoning ordinançes affecting the Property, (b): Leases (if applicable) and ofrecord existing at the Contract Date that are not objected tol by Buyer prior tot the end oft the Examination Period ("Permitted Exceptions"); provided that Seller shall be required to satisfy, at or prior to Closing, any encumbrances that may be satisfied by the payment of a fixed sum of money, such as deeds of trust, mortgages or statutory liens. Seller shall not enter into or record that affects the Property (or any personal property listed on Exhibit A) after the Contract Date without the prior written Section 6. Conditions: This Agreement and the rights and obligations of the parties under this Agreement are hereby made expressly  matters instrument Buyer Initials  (c) any  consent of Buyer, which consent shall not be unreasonably withheld, conditioned or delayed.  Seller QOc    conditioned upon fulfillment (or waiver by) Buyer, whether explicit or implied) ofthef following conditions:  (a) New Loan: Thel Buyer must be able to obtain the loan, ifany,referencedi in Section I(b)(ii). Buyer must be ablet to obtain at firm commitment for this loan on or before N/A, effective through the date of Closing. Buyer agrees to use its best efforts to secure such commitment and to advise Selleri immediately upon receipt of lender's decision. On or before the above date, Buyer has the right to terminate this Agreement for failure to obtain the loan referenced in Section 1(b)(ii) by delivering to Seller written notice of termination by the above date, time being of the essence. If Buyer delivers such notice, this Agreement shall be null and void and Earnest Money shall be refunded to Buyer. If Buyer fails to deliver such notice, then Buyer will be deemed tol have waived the loan condition. Notwithstanding the foregoing, after the above date, Seller may request in writing from Buyer a copy oft the commitment letter. IfE Buyer fails to provide Seller a copy oft the commitment Ietter within five (5) days of receipt of Seller's request, then Seller may terminate this Agreement by written notice tol Buyer at any time thereafter, provided Seller has not then received a copy oft the (b) Oualification for Financing: IfE Buyer is to assume any indebtedness in connection with payment oft thel Purchase Price, Buyer agrees to use its best efforts to qualify for the assumption. Should Buyer fail to qualify, Buyer shall notify Seller in writing immediately upon lender's decision, whereupon this Agreement shall terminate, and Buyer shall receive ar return ofE Earnest Money. (c) Title Examination: After the Contract Date, Buyer shall, atl Buyer's expense, cause a title examination tol be made oft the Property before the end oft the Examination Period. In the event that such title examination shall show that Seller's title is not fee simple marketable and insurable, subject only to Permitted Exceptions, then Buyer shall promptly notify Seller in writing ofa all such title defects and exceptions, in no case later than the end oft the Examination Period, and Seller shall have thirty (30) days to cure said noticed defects. If Seller does not cure the defects or objections within thirty (30) days of notice thereof, then Buyer may terminate this Agreement and receive a return of Earnest. Money (notwithstanding that the Examination Period may have expired). IfE Buyer isto purchase titlei insurance, thei insuring company must be licensed to dol business in the state in which the Property is located. Title tot the (d) Same Condition: If the Property is not in substantially the same condition at Closing as of the date of the offer, reasonable wear and tear excepted, then the Buyer may () terminate this Agreement and receive a return oft the Eamest Money or (i) proceed to Closing whereupon Buyer shall be entitled to receive, in addition to the Property, any of the Seller's insurance proceeds (e) Inspections: Buyer, its agents or representatives, at Buyer's expense and at reasonable times during normal business hours, shall have the right to enter upon the Property for the purpose of inspecting, examining, performing soil boring and other testing, conducting timber cruises, and surveying the Property. Buyer shall conduct all such on-site inspections, examinations, soil boring and other testing, timber cruises and surveying oft the Property in a good and workmanlike manner, shall repair any damage to the Property caused by Buyer's entry and on-site inspections and shall conduct same in a manner that does not unreasonably interfere with Seller's or any tenant's use ande enjoyment of the Property. In thati respect, Buyer shall make reasonable efforts to undertake on- site inspections outside oft the hours any tenant's business is open to the public and shall give prior notice to any tenants of any entry onto any tenant's portion of the Property for the purpose of conducting inspections. Upon Seller's request, Buyer shall provide to Seller evidence of general liability insurance. Buyer shall also have a right to review and inspect all contracts or other agreements affecting or related directly to the Property and shall be entitled to review such books and records of Seller that relate directly to the operation and maintenance of the Property, provided, however, that Buyer shall not disclose any information regarding this Property (or any tenant therein) unless required by law and the same shall be regarded as confidential, to any person, except to its attorneys, accountants, lenders and other professional advisors, in which case Buyer shall obtain their agreement to maintain such confidentiality. Buyer assumes all responsibility for the acts of itself, its agents or representatives in exercising its rights under this Section 6(e) and agrees to indemnify and hold Seller harmless from any damages resulting therefrom. This indemnification obligation of Buyer shall survive the Closing or earlier termination of this Agreement. Buyer shall, at Buyer's expense, promptly repair any damage to the Property caused by Buyer's entry and on-site inspections. Except as provided in Section 6(c) above, Buyer shall have from the Contract Date through the end of the Examination Period to perform the above inspections, examinations and testing. IF BUYER CHOOSES NOT TO PURCHASE THE PROPERTY, FOR ANY REASON OR NO REASON, AND PROVIDES WRITTEN NOTICE TO: SELLER THEREOF PRIOR TO THE) EXPIRATION OF THE EXAMINATION PERIOD, THEN THIS AGREEMENT SHALLTERMINATE, ANDI BUYER SHALL RECEIVE Al RETURN OF THE EARNEST MONEY.  commitment letter, and Buyer shall receive ar retur of Earnest Money.  Property must be insurable at regular rates, subject only to standard exceptions andl Permitted Exceptions.  payable on account ofthe damage or destruction applicable to the Property.  Section 7. Leases (Check one of the following, as applicable):  I If this box is checked, Seller affirmatively represents and warrants that there are no Leases (as hereinafter defined)  affecting the Property. Buyer Initials_  Seller hiifpo QcC    DI Ifthis box is checked, Seller discloses that there are one or morel leases affecting the Property (oral or written, recorded or  not- -"Leases") and the following provisions are hereby made aj part ofthis Agreement.  (a) AIlLeases shall be itemized on Exhibit B, ifany;  (b) Seller shall deliver copies ofany Leases to Buyer pursuant to Section 4 as ifthel Leases were. listed therein; (c) Seller represents and warrants that as oft the Contract Date there are no current defaults (or any existing situation which, with the passage of time, or the giving of notice, or both, or att the election of either landlord ort tenant could constitute a default) either by Seller, as landlord, or by any tenant under any Lease ("Lease Default"). In the event there is any Lease Default as oft the Contract Date, Seller agrees toj provide Buyer with a detailed description of the situation in accordance with Section 4. Seller agrees not to commit a Lease Default as Landlord after the Contract Date, and agrees further to notify Buyer immediately in the event a Lease (d) In addition to the conditions provided in Section 6 oft this Agreement, this Agreement and the rights and obligations of the parties under this Agreement are. hereby made expressly conditioned upon the assignment of Seller's interest in anyl Lease tol Buyer in form and content acceptable tol Buyer (with tenant's written consent and acknowledgement, ifr required under the Lease), and Seller agrees to use its best efforts to effect such assignment. Any assignment required under this Section 7 shall be required tol be delivered (e) Seller agrees to deliver an assignment of any Lease at or before Closing, with any security deposits held by Seller under any Leases tol be transferred or credited tol Buyer at or before Closing. Seller also agrees to execute and deliver (and work diligently to obtain any tenant signatures necessary for same) any estoppel certificates and subordination, nondisturbance and attornment Section 8. Environmental: Seller represents and warrants that it bas no actual knowledge of thej presence or disposal, except as in accordance with applicable law, within the buildings or on the Property of hazardous or toxic waste or substances, which are defined as those substances, materials, and wastes, including, but not limited to, those substances, materials and wastes listed in the United States Department ofTransportation Hazardous Materials Table (49 CFRI Part 172.101) or byt the Environmental Protection. Agency as hazardous substances (40 CFR Part 302.4) and amendments thereto, or such substances, materials and wastes, which are or become regulated under any applicable local, state or federal law, including, without limitation, any material, waste or substance which is () petroleum, (i) asbestos, (i) polychlorinated biphenyls, (iv) designated as a Hazardous Substance pursuant to Section 311 of the Clean Water Act of 1977 (33 U.S.C. $1321) or listed pursuant to Section 307 of the Clean Water Act of 1977 (33 U.S.C. $1317),(v) defined as al hazardous waste pursuant to Section 1004 of the Resource Conservation and Recovery Act of1 1976 (42 U.S.C. $6903) or (vi) defined as a hazardous substance pursuant to Section 101 oft the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. $9601). Seller hast no actuall knowledge ofany contamination of the Property from such substances as Section 9. Risk of Loss/Damage/Repair: Until Closing, the risk of loss or damage to the Property, except as otherwise provided heréin, shall be borne by Seller. Except as to maintaining the Property in its same condition, Seller shall have no responsibility for the Section 10. Earnest Money Disbursement: In the event that any oft the conditions hereto are not satisfied, or in the event Buyer does not determine the property to be suitable for any reason whatsoever during the Examination Period, thei initial earnest money deposit will be returned by Buyer, or in the event ofa breach oft this Agreement by Seller, then the Earnest Money shalll be returned tol Buyer, but such return shall not affect any other remedies available to Buyer for such breach. In the event this offer is accepted and Buyer breaches this Agreement, then the Eamest Money shall be forfeited, buts such forfeiture shall not affect any other remedies availableto Seller fors such breach. NOTE: In the event ofa dispute between Seller and Buyer over the return or forfeiture of Earnest Money held in escrow by a licensed real estate broker, the broker is required by state law to retain said Earest Money in its trust or escrow account until it has obtained a written release from the parties consenting to its disposition or until disbursement is ordered by a court of competentj jurisdiction, or alternatively, the party holding the Earnest Money may deposit the disputed monies with the appropriate  Default arises ori is claimed, asserted or threatened tol be asserted by either Seller or a tenant under the Lease.  at orb before Closing by Seller in addition tot those deliveries required under Section 11 ofthis Agreement.  agreements in such form as Buyer may reasonably request.  may have been disposed of or stored on neighboring tracts.  repair oft thel Property, including any improvements, unless the parties hereto agree in writing.  clerk of court in accordance with the provisions ofN.C.G.S. $93A-12. Section 11. Closing: At or before Closing, Seller shall deliver to Buyer  deed unless otherwise specified on Exhibit  B and other Buyer Initials  documents  ASiy  customarily executed or delivered by a seller in similar transactions, including without limitation, ab bill ofsale  for any personalty listed on Exhibit A, an owner's affidavit, lien waiver forms and a non-foreign status affidavit (pursuant to the Foreign Investment inl Real Property Tax Act), and) Buyer shall pay to Seller thel Purchase Price. At Closing, the Earnest Money shall be applied as part of the Purchase Price. The Çlosing shall be conducted by Buyer's attorney or handled in such other manner as the  Seller hCpDcc    parties hereto may mutually agree in writing. Possession shall be delivered at Closing, unless otherwise agreed herein. Thel Purchase Price and other funds to be disbursed pursuant tot this Agreement shall not be disbursed until Closing hast taken place. Section 12. Notices: Unless otherwise provided herein, all notices and other communications which may be or are required to be given or made by any party to the other in connection herewith shall be in writing and shall be deemed tol have been properly given andi received on the date delivered inj person or deposited in the United States mail, registered or certified, return receipt requested, to the addresses set out in Section 1(g) as to Seller and in Section 1(h) as to Buyer, or at such other addresses as specified by written Section 13. Entire Agreement: This Agreement constitutes the sole and entire agreement among the parties hereto and no Section 14. Enforceability: This Agreement shall become a contract when signed by both Buyer and Seller and such signing is communicated to both parties; it being expressly agreed that the notice described in Section 12 is not required for effective communication for the purposes ofthis Section 14. This Agreement shall bel binding upon and inure to1 the benefit of the parties, their  notice deliveredi in accordance herewith.  modification ofthis Agreement. shalll be! binding unless in writing and signed by all parties hereto.  heirs, successors and assigns and their personal representatives. Section 15. Adverse Information and Compliance with Laws:  (a) Seller Knowledge: Seller has no actual knowledge of () condemnation(s) affecting or contemplated with respect to the Property; (ii) actions, suits or proceedings pending or threatened against the Property; (iii) changes contemplated in any applicable laws, ordinances or restrictions affecting the Property; or (iv) governmental special assessments, either pending or confirmed, for sidewalk, paving, water, sewer, or other improvements on or adjoining thel Property, and noj pending or confirmed owners' association special assessments, except as follows (Insert "None" or the identification of any matters relating to () through (iv) above, ifany): Note: For purposes of this Agreement, a "confirmed" special assessment is defined as an assessment that has been approved by a governmental agency or an owners' association for the purpose(s) stated, whether or not it is fully payable at time of closing. A "pending" special assessment is defined as an assessment that is under formal consideration' bya a governing body. Seller shall pay all owners' association assessments and all governmental assessments confirmed as of the date of Closing, if any, and Buyer shall take (b) Compliance: To Seller's actual knowledge, () Seller has complied with all applicable laws, ordinances, regulations, statutes,, rules and restrictions pertaining to or affecting the Property; (ii) performance of the Agreement will not result in the breach of, constitute any default under or result in the imposition of any lien or encumbrance upon the Property under any agreement or other instrument to which Selleri is aj party or by which Seller ort thel Property is bound; and (i) there are no legal actions, suits or otherl legal or administrative proceedings pending or threatened against the Property, and Seller is not aware of any facts which might result in Section 16. Survival of Representations and Warranties: All representations, warranties, covenants and agreements made by the parties hereto shall survive the Closing and delivery of the deed. Seller shall, at or within six (6): months after the Closing, and without further consideration, execute, acknowledge and deliver to Buyer such other documents and instruments, and take such other action as Buyer may reasonably request or as may be necessary to more effectively transfer tol Buyer the Property described herein in Section 17. Applicable Law: This Agreement shall be construed under the laws of the state in which the Property is located. This Section 18. Assignment: This Agreement is freely assignable unless otherwise expressly provided on) Exhibit B,i ifa applicable. Section 19. Tax-Deferred Exchange: In the event Buyer or Seller desires to effect a tax-deferred exchange in connection with the conveyance of the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchanging party shall be responsible for all additional costs associated with such exchange, and provided further, that a non-exchanging party shall not assume any additional liability with respect to such tax-deferred exchange. Seller and Buyer shall execute such additional Section 20. Memorandum of Contract: Upon request by either party, the parties hereto shall execute ar memorandum of contract in  None.  titles subject to allj pending assessments disclosed by Seller herein, ifany. Seller represents thatt the regular owners' association dues, ifa any, are $ N/A  any such action, suit or other proceeding.  accordance with this Agreement.  form has only been approved for use inl North Carolina.  documents, at no cost to the non-exchanging party, as shall be required to give effect to this provision.  Buyer Initials  Seller Initapa Occ    recordable form setting forth such provisions hereof (other than the Purchase Price and other sums due) as either party may wish to incorporate. Such memorandum ofcontract shall contain as statement thati it automatically terminates andt the Property isreleased from any effect thereby as ofa specific date to be statedi in the memorandum (which specific date shall be nol later than the date of Closing). Section 21. Authority: Each signatory to this Agreement represents and warrants that he or she has full authority to sign this Agreement and such instruments as may be necessary to effectuate any transaction contemplated by this Agreement on behalf of the Section 22. Brokers: Except as expressly provided herein, Buyer and Seller agree to indemnify and hold each other harmless from any and all claims of brokers, consultants or real estate agents by, through or under the indemnifying party for fees or commissions arising out oft thes sale of the Property to Buyer. Buyer and Seller represent and warrant to each other that: () except as to the Brokers designated under Section 1() ofthis Agreement, they have not employed nor engaged any brokers, consultants or real estate agents to be involved in this transaction and (ii) that the compensation of the Brokers is established by and shall be governed by separate EIES/SYNTHETIC STUCCO: If the adjacent box is checked, Seller discloses that the Property has been clad previously (either in whole or in part) with an "exterior insulating and finishing system" commonly known as "EIFS" or "synthetic stucco". Seller makes no representations or warranties regarding such system and Buyeri is advised to make its own independent determinations THE NORTH CAROLINA ASSOCIATION OF REALIORS, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE) LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOUI DOI NOT UNDERSTAND THIS FORM OR) FEEL THATI IT DOES NOT PROVIDE FOR YOUR: LEGAL NEEDS, YOU: SHOULD CONSULT. A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU  The cost ofrecording suchi memorandum ofc contract shall be borne by the party requesting execution ofsame.  party for whoml he or she signs andt that his or her signature binds such party.  agreements entered into as amongst the Brokers, the Buyer and/or the Seller.  withi respect to conditions related to or occasioned byt the existence ofs such materials at thel Property,  SIGNIT.  Buyer Initials  Seller laidpo Occ    BUYER: Business Entity TOWN OF SAWMILLS By: Johnnie Greene, Mayor Date:  SELLER:  (SEAL) (SEAL)  Cobn  Chester  Opao  Al C de  Dustin C. Chester Date:  The undersigned hereby acknowledges receipt of the Earnest Money set forth herein and agrees tol hold said Earnest  accordance with thet terms hereof.  Money in  Terry M. Taylor, Attorney for Young, Morphis, Bach & Taylor, LLP  Date:  By:  Buyer Initials  Seller wfp OcC    MINUTES OF CLOSED SESSION SAWMILLS TOWN COUNCIL FEBRUARY 15, 2022  On February 15, 2022, at approximately 6:09pm, during the regular meeting oft the Sawmills Town Council, upon motion followed by unanimous vote oft the Sawmills Town Council, the Council retired into closed session pursuant to N.C.GS.9143-318.11)0)regarding the  following:  Attorney/Client Privilege  The following council members were present: Mayor Johnnie Greene Mayor Pro Tem Clay Wilson Keith Warren Melissa Curtis  Also present was: Town Manager Chase Winebarger, Town Clerk Julie A. Good, Town Attorney Terry Taylor and Parks and Recreation Director Tanner Greene A) ATTORNEY/CLIENT PRIVILEGE: TAX FORECLOSURE  A discussion was held regarding the delinquent taxes for taxpayers in the Town of Sawmills. Council asked Town Attorney Terry Taylor to send delinquent letters out to the nine (9) accounts  that owe the most taxes in arrears.  B) ATTORNEYICLIENT PRIVILEGE: ARDMORE LANE PROPERTY Town Attorney Terry Taylor updated Council on1 the Ardmore Lane property. Attorney Terry Taylor stated that there is ai meeting scheduled on Thursday, February 17,2022, between herself, Attorney Angela Clark (who is representing the Caldwell County Sheriff's Department), the Town Manager and the two (2) heirs for 4100. Ardmore Lane. The Town Manager discussed with Council the necessary amounts (estimated) for property acquisition and clean-up ofthe property. Council gave direction for acquisition and clean-up costs to not exceed the budgeted amendment amount. Town Attorney Terry Taylor stated she will update Council on the meeting during the  March 15,2022, regularly scheduled Council meeting.    Clay Wilson made a motion, and Keith Warren seconded, to come out of closed session at  approximately 6:37pm. All were in favor.  Clay Wilson Mayor Pro Tem  Minutes Approved for Record: Terry M. Taylor, Town Attorney  Minutes Prepared By: Julie A. Good, Town Clerk    AGENDA ITEM 7A  MEMO DATE: SUBJECT:  March 8, 2022 Planning Matters: Adoption or Rejection ofText Amendment to Remove Criminal Language from the Sawmills Ordinance  Discussion:  Municipalities are required to remove criminal (misdemeanor) language within their Town Codes, Zoning and Subdivision Ordinances specifically listed within senate bill 300 (SB300). The proposed amendments will affect the following sections of the Town of Sawmills Town  Code:  Section 50.99 (Public Works penalties) Section 113.99 (Junkyard penalties) Section 153.999 (Zoning Ordinance) Section 152.999 (Subdivision Ordinance) Section 154.19 (Dwellings not in compliance) Section 154.54 (Housing standards)  The Town Council must hold a public hearing in order to change ordinance language. Staff proposes the public hearing be set for the next regularly scheduled Town Council meeting on  March 15, 2022. Recommendation:  Staff recommends Council proceed with adopting this text amendment to remove criminal  language out of our ordinance (which is now: mandated by the state).    Adopted: Date:  NORTH CAROLINA TOWN OF SAWMILLS  RESOLUTION: To Amend Section 152.999 of the' Town Code ofOrdinances (Penalty for the That whereas on September 2, 2021 Senate Bill 300( (S.L.-2021-138) was enacted that required changes to That whereas, North Carolina law mandates city ordinances may be enforced by a misdemeanor only if That whereas, this Resolution is intended to bring the Town of Sawmills Code of Ordinances into compliance with North Carolina law by providing an express explanatory statement in each code section NOW, THEREFORE, BE IT RESOLVED, that the Sawmills Town Council hereby amend Section  violation ofLand Usage ordinances) the Town of Sawmills Code ofC Ordinances; the city specifies such in the ordinances; and  enforceable by ai misdemeanor.  152.999 oft the' Town of Sawmills Code ofOrdinances asi follows:  Section. 152.999  PENALTY.  (A) Generally. Any person violating any provision ofthis chapter for which no specific (B) "a-w-"www-aalepmihale  penalty is prescribed shall be subject to $ 10.99.  GS-tIeASS (Ord. $110,passed 1-26-2007)  Add text: Civilpenalties. Violation of any provision ofthis chapter shall subject the offender to acivil penalty ini the amount of $50. to be recovered by the town in acivil action int the nature of debt ift the offender does not pay the penalty within aperiod of721 hours after being cited. Citation shalll bei in writing, signed by the Zoning Enforcement Officer.and shall be delivered or mailed to the offender either at his orl her residence or at his or her place ofbusiness or at the place  where the violation occurred.  270036.1    Adopted this the day of  2022.  TOWN OF SAWMILLS  By:  Mayor  ATTEST: Town Clerk  270036.1    Adopted: Date:  NORTH CAROLINA TOWN OF SAWMILLS  RESOLUTION: To Amend Section 153.999 of the' Town Code of Ordinances (Penalty for the That whereas, on September 2, 2021 Senate Bill 300 (S.L.-2021-138) was enacted that required changes That whereas, North Carolina law mandates no ordinance adopted under N.C. Gen. Stat. 160A-19, That whereas, this Resolution is intended to bring the Town of Sawmills Code of Ordinances into compliance with North Carolina law by removing the provision that would enforce an ordinance adopted NOW, THEREFORE, BE IT RESOLVED, that the Sawmills Town Council hereby amend Section  violation ofZoning ordinances)  to the Town of Sawmills Code ofOrdinances;  Planning Regulation of Development may impose a criminal penalty. underN.C. Gen. Stat. 160A-19, Planning Regulation of Development. 153.999 oft the Town of Sawmills Code of Ordinances as follows:  Section. 153.999  PENALTY.  (A) Generally. Any person violating any provision ofthis chapter for which no specific (B) Civilpenalties. Violation of any provision ofthis chapter shall subject the offender to a civil penalty int the amount of $50, to be recovered by the town in a civil action int the nature of debt ifthe offender does not pay the penalty within aj period of 721 hours after being cited. Citation shall be in writing, signed by the Zoning Enforcement Officer, and shall be delivered or mailed to the offender either at his orl her residence or atl his or her place ofbusiness or at the place where -EFimnatperdesfor-wolation-Anypersen-fimmercerpomtion-whe-vielated-the previsiens-efths-ehaplershalkuper-eenvietiemybeguilyefemmisdemeanerandsha.lbe-finedmet xeedimg-s0erimprisonedmet39.ay-Fchdaythatevehsesemisesste-existshalbe cemsideredasepantees.peviadhhsvoamionalisehaperipmotsomesnedwihim3-deys  penalty is prescribed shall be subjectt to $ 10.99.  the violation occurred.  Rerlienoiseoflhe-vahghe:  Ond-passe-4172912)  270376.1    Adopted this the day of  2022.  TOWN OFSAWMILLS  By:  Mayor  ATTEST: Town Clerk  270376.1    Adopted: Date:  NORTH CAROLINA TOWN OF SAWMILLS  RESOLUTION: To Amend Section 113.99 of the Town Code of Ordinances (Penalty for the That whereas on September 2, 2021 Senate Bill 300 (S.L.-2021-138) was enacted that required changes to That whereas, North Carolina law mandates no ordinance regulating and licensing businesses and trades That whereas, this Resolution is intended to bring the Town of Sawmills Code of Ordinances into compliance with North Carolina law by removing the provision that would enforce regulation of NOW, THEREFORE, BE IT RESOLVED, that the Sawmills Town Council hereby amend Section  violation ofordinances regulatingJunlyards) the Town of Sawmills Code of Ordinances; may impose a criminal penalty; and junkyards with a criminal penalty.  113.99 oft the Town of Sawmills Code of Ordinançes as follows:  Section. 113.99 PENALTY  Any person, firm, or corporation violating any of these provisions oft this chapter shall further be subject to the imposition by citation of a civil penalty as set forth in Section 10.99 of the Town of  Sawmills Code of Ordinances.  270068.1    Adopted this the day of  2022.  TOWN OF SAWMILLS  By:  Mayor  ATTEST: Town Clerk  270068.1    Adopted: Date:  NORTH CAROLINA TOWN OF SAWMILLS  RESOLUTION: To Amend Section 154.19 of the Town Code ofOrdinances (Penalties for Land That whereas on September 2, 2021 Senate Bill 30°(S.L.2021-138) was enacted that required changes to That whereas, North Carolina law mandates city ordinances may be enforced by a misdemeanor only if That whereas, this Resolution is intended to bring the Town of Sawmills Code of Ordinances into compliance with North Carolina law by providing an express explanatory statement in each code section NOW, THEREFORE, BE IT RESOLVED, that the Sawmills Town Council hereby amend Section Section. 154.19 DWELLINGS NOT IN COMPLIANCE BUT NOT UNFIT FOR HUMAN  Usage: Dwellings not in compliance but not unfit for human habitation)  the Town of Sawmills Code ofOrdinances; the city specifies such int the ordinances; and  enforceable by ai misdemeanor.  154.19 of the Town of Sawmills Code ofOrdinances as follows:  HABITATION  (A). In any case where thel Housing Inspector determines that a dwelling fails to fully comply with one or more but less than seven of the enumerated standards of dwelling fitness set forth in SS 154.30 through 154.39, the dwelling shall not be found to be unfit for human habitation and shall not be subject to the procedures and remedies as provided for in this chapter for dwellings unfit for human habitation. Each such failure of noncompliance, however, shall constitute a violation of the terms ofthis chapter and shall subject the violator to the penalties and enforcement procedures, civil or criminal, or both. Aj person, firm, or corporation subject to criminal enforcement for violating the provisions of this chapter shall, upon conviction, be guilty ofar misdemeanor and shall be fined not exceeding $50 and imprisoned not 30  days.  (B) In making the determination as described in this section, the Housing Inspector shall not be required to make notice and hold the hearing as called fori in $ 154.17, but the Housing Inspector may do so if the determination of the severity and classification of dwelling fitness is not clear to the Housing  Inspector upon preliminary investigation.  270024.1    Adopted this the day of  2022.  TOWN OF SAWMILLS  By:  Mayor  ATTEST: Town Clerk  270024.1    Adopted: Date:  NORTH CAROLINA TOWN OF SAWMILLS  RESOLUTION: To Amend Section 154.54 ofthe' Town CodeofOrdinances: (Alternative Remedies That whereas on September 2, 2021 Senate Bill 300 (S.L.-2021-138) was enacted that required changes to That whereas, North Carolina law mandates city ordinances may be enforced by a misdemeanor only if That whereas, this Resolution is intended to bring the Town of Sawmills Code of Ordinances into compliance with North Carolina law by providing an express explanatory statement in each code section NOW, THEREFORE, BE IT RESOLVED, that the Sawmills Town Council hereby amend Section  for Land Usage: Minimum Housing Standards) the Town of Sawmills Code ofOrdinances; the city specifies such int the ordinances; and  enforceable by a misdemeanor.  154.54 ofthe Town of Sawmills Code ofOrdinances as follows: Section. 154.54 ALTERNATIVE REMEDIES  (A) Nothing in this chapter nor any ofi its provisions shall be construed to impair or limit in any way the power of the town to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise nor shall enforcement of one remedy provided herein prevent the enforcement of any other remedy or remedies provided herein or in other ordinances or laws. In addition to the remedies provided herein, any violation of the terms of this chapter shall subject the violator to the penalties and remedies, either criminal or civil or both, as set forth in the penalty section of this code of the town. (see S 10.99). A person, firm, or corporation subject to criminal enforcement for violating the provisions of this chapter shall, upon conviction, be guilty of a misdemeanor and shall be fined not  exceeding $50 and imprisoned not 30 days.  (B) No dwelling shall be hereafter erected, altered, moved or changed in occupancy without a certificate of occupancy. In any case where the Housing Inspector, after notice and hearing as required herein, finds that a dwelling or dwelling unit is unfit for human habitation, he or she shall withhold issuance of a certificate of occupancy for the dwelling or dwelling unit until the time that he or she determines that it is fit for human habitation. In addition, in any case where thel Housing Inspector, after preliminary investigation as provided for herein, concludes, based upon that investigation, that a dwelling or dwelling unit is unfit for human habitation and believes that the occupancy of the or dwelling unit could cause imminent peril to life or property from fire or other hazards, he or she shall withhold issuance ofa certificate of occupancy for the dwelling or dwelling unit until the time that] he or she determines that  iti is fit forl human habitation.  270036.1    (C) If any dwelling is erected, constructed, altered, repaired, converted, maintained or used in violation of this chapter or of any valid order or decision of the Housing Inspector or Board made pursuant to any ordinance or code adopted under authority of this chapter, the Housing Inspector may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration or occupancy, to restrain, correct or abate the violation, to prevent the occupancy oft the dwellings, or to prevent any illegal act, conduct or use in or about the premises oft the  dwelling.  270036.1    Adopted this the day of  2022.  TOWN OF SAWMILLS  By:  Mayor  ATTEST: Town Clerk  270036.1    Adopted: Date:  NORTH CAROLINA TOWN OF SAWMILLS  RESOLUTION: To Amend Section 50.99 oft the' Town Code ofOrdinances (Penalty for the That whereas on September 2, 2021 Senate Bill 300 (S.L.-2021-138) was enacted that required changes to That whereas, North Carolina law mandates no ordinance regulating trees may impose a criminal penalty; That whereas, this Resolution is intended to bring the Town of Sawmills Code of Ordinances into compliance with North Carolina law by providing no criminal penalties may be issued for the sections of NOW, THEREFORE, BE: IT RESOLVED, that the Sawmills Town Council hereby amend Section 50.99  violation of Solid Waste ordinances) the Town of Sawmills Code of Ordinances;  and  this ordinance: regulating trees.  ofthe Town of Sawmills Code of Ordinances as follows:  Section. 50.99 PENALTY (A).Penalty not exclusive.  (1) The imposition of a penalty under the provisions of this code shall not prevent the revocation or suspension of any license, franchise or permit issued or granted under the  provisions oft this code.  (2) If any violation of this code is designated as a nuisance under the provisions oft this code, the nuisance may be summarily abated by the town in addition to the imposition ofa civil  monetary penalty ofr misdemeanor penalty.  (B). Liability for violations by corporations and other associations.  (1) Any violation of this code by any officer, agent or other person acting for or employed by any corporation or unincorporated association or organization, while acting within the scope of! his or her office or employment, shall in every case also be deemed tol be a violation  by the corporation, association, or organization.  (2) Any officer, agent, or other person acting for or employed by any corporation or unincorporated association or organization shall bes subject and liable to punishment as well as the corporation, unincorporated association or organization for the violation byi it ofany provisions of this code, where the violation was the act or omission, or the result of the act, omission or order,  of the person.  270071.1    (C)Criminal, prosecution. Any person, firm or corporation violating any oft thej provisions oft this chapter shall be guilty of a Class 3 misdemeanor pursuant to G.S. $ 14-4(a), and may be fined the court not more than $500. No criminal penalties shall be issued for acts that violate the sections of by this  chapter regulating trees. (D) Civil Penalty.  (1) Upon the determination that any provision of this code is  Enforcement Officer shall provide due notice to the  being violated, the Code  person(s) responsible for the violation,  the  nature of the violation and ordering the action necessary to correct it. Notice may include written indicating notice by registered mail tot the person(s). The notice shall provide the time period for abatement and shall state the penalties for noncompliance provided in this section. The provisions of this section are adopted pursuant to G.S. S 160A-175(c) and shall not constitute ai misdemeanor infraction pursuant to G.S. 14-4  unless the ordinance or code section provides otherwise.  $  (2) This section is enacted pursuant to G.S. S 160A-175, and may be enforced  appropriate equitable remedies issuing from a court of competent jurisdiction as more fully set out and by stated in G.S. $ 160A-175(d) and (e), incorporated herein by reference and as that statute  be may  subsequently amended.  (3) Violation of any provision of this code not corrected as provided in division  shall subject the offender to a civil penalty in the amount and as set forth in $ 10.99 of this code shall (D)(1) be in writing, signed by the Code Enforcement Officer, and shall be delivered to the offender either at his or  her residence, place oft business, or at the place where the violation occurred.  (4) Each day that a violation continues to exist shall constitute a separate and distinct  offense without multiple citations beingi issued.  (E) Orders of abatement and injunctive relief In addition to criminal prosecution or the imposition of civil penalties, the town may seek orders of abatement and/or mandatory or prohibitory injunctive reliefi in the General Court of] Justice to compel compliance with this chapter.  (F) Continuing Violation. Each and every day ofa continuing violation of any provision of this  chapter shall be deemed tol be a separate and distinct violation.  270071.1    Adopted this the day of  2022.  TOWN OFSAWMILLS  By:  ATTEST: Town Clerk  Mayor  270071.1    AGENDA ITEM 8A  MEMO DATE: SUBJECT:  March 15, 2022 Recognition: Recycle Rewards Program  Discussion:  The Town of Sawmills would like to congratulate Gerald Harvey on winning the Recycle Rewards Program for the month ofMarch. Mayor. Johnnie Greene will present him with a Certificate of Appreciation. A thirty-two dollar ($32.00) credit will be added to the current  sanitation bill.  Recommendation: No Council action is required.    AGENDA ITEM 9A  MEMO DATE: SUBJECT:  March 15,2022 Financial Matters: Request for a Donation To American Legion  Post 392  Discussion:  The Town has received ai request from Hudson American Legion Post 392 for a donation in the  amount of $200.00 (two hundred dollars).  There are sufficient funds in the budget for this request.  Recommendation:  Staffrecommends Council discuss this matter and decide how they wish to proceed.    RATED Town of Sawmills  Johnnie Greene, Mayor Chase Winebarger, Town Manager  Funding Request:  Name of Organization:  Phone  528-493-2099  amencas agat392 Permanent Address: 243 HegieRL  City:  State: C, Fed Tax ID: #:  Zip Code:  hudson  28638  Contact Name:  56-1530149  Amount Requested: *2000  Amount needed fori the Project:  od  *200  Date Funds Needed: apilibz022 Project Begin/End Dates: 47522 14-6-22  Complete description of project; Bock Ley Asoahcer de elo 7  lphol  Po 392    HAS  How will the funds be used?  furdy alhe usol sto hln aurlpea Laat fonla liz A ahas  GR  at    ChEbnao  How irheppii benefit h community?7  Tha MP halp aney  sches    Doahh  Official Town Use Only  Date application received: Date approved/denied (circle one): Date check written:  2linl22  Date presented to Council: sli5la2  Amount approved:  Available balance in Governing Body Expense Acct: 1450.00  Check #:  Amount:  This instrument has been preaudited int the manner required by thel Local Government Budget and Fiscal Control edawnclond    Rock Creek Coon Club  Fundraiser for  a -  American Legion Post 392  Friday April 15, 2022 (meals starting @ 5pm)  And Saturday April 16, 2022 (meals starting @ 5pm)  Meal Menu: BBQ, Slaw, Baked Beans, FF, drink and dessert $10  BBQ k Sandwich, FF, Drink and Dessert $8  Rock Creek Coon Hunting Club 3284 Bowman Road Granite Falls, NC 28630  Contact: Jo. Ann @ 828-728-7980 or 828-320-4275  Lorenzo Kelly 828-493-7048 Raffle Ticket: $5 each or 3 for $10 (DO NOT HAVE TO BE PRESENT TO WIN)  1st. Prize WinChester 30/30 Model 94 Cowboy Edition 2nd. Prize - Night Hunting Light ($300.00 Value)  3rd Prize - $100.00  Must Be Legally Able To Purchase A Firearm  Many other prizes  SPECIAL door prizes each night of hunt, must be present to win  US GI    AGENDA ITEM 10A  MEMO DATE: SUBJECT:  March 15, 2022 Discussion: Town of Sawmills License Agreement For Cutting and Baling  OfHay  Discussion:  Staff would like to. lease aj portion of the 4077 Baird Drive property for the cutting and baling of hay on a one (1), year lease, every year that portions oft the property are not being used, to free According to North Carolina General Statute S 160A-272(b): "No Public Notice is required by subsection (al) of this section need be given for resolution authorizing leases or rentals for terms of one (1) year or less, and the Council may delegate to the city manager or some other city administrative officer authority tol lease or rent city property for terms of one (1)3 year or less."  Public Works up to work on other issues.  Recommendation:  Staff recommends Council discuss this matter and decide how they wish to proceed.    $160A-272. Lease or rental of property.  (a) Any property owned by a city may be leased or rented for such terms and upon such conditions as the council may determine, but not for longer than 10 years (except as otherwise provided in subsection (b1) of this section) and only if the council determines that the property will not be needed by the city for the term of the lease. In determining the term ofaj proposed lease, periods that may be added to the original term by options to renew or extend shall be (al) Property may be rented or leased only pursuant to a resolution of the council authorizing the execution oft the lease or rental agreement adopted at a regular council meeting upon 30 days' public notice. Notice shall be given by publication describing the property to be leased or rented, stating the annual rental or lease payments, and announcing the council's intent (b). No public notice as required by subsection (al). of this section need be given for resolutions authorizing leases or rentals for terms of one year or less, and the council may, delegate to the city manager or some other city administrative officer authority to lease or rent (b1) Leases for terms ofi more than 10 years shall be treated as a sale of property and may be executed by following any oft the procedures authorized for sale ofr real property. (c) Notwithstanding subsection (b1) of this section, the council may approve a lease without treating that lease as a sale of property for any of the following reasons: (1) For the siting and operation of a renewable energy facility, as that term is (2) For the siting and operation of a tower, as that term is defined in G.S. 146-29.2(a)(7), for communication purposes for a term up to 25 years. (3) For the operation and use ofcomponents of a wired or wireless network, fora term up to 25 years; provided, however, that the lease is entered into with a private broadband provider or a cooperative in connection with a grant agreement pursuant to G.S. 143B-1373 and is for a discrete and specific project located in an unserved area of an economically distressed county seeking to provide broadband service to homes, businesses, and community  included.  to authorize the lease or rental at its next regular meeting.  cityproperty: for terms of one year orl less.  defined in G.S.62-133.8a)7, for at term up to 25 years.  anchor points not currently served.  (d) Notwithstanding subsection (a) ofthis section, any leasel by a city ofa any duration for components ofa wired or wireless network shall be entered into on a competitively neutral and nondiscriminatory basis and made available to similarly situated providers on comparable terms and conditions and shall not be used to subsidize thej provision of competitive service. (1971,c. 698, S. 1; 1979, 2nd Sess., C. 1247, S. 26; 2009-149, SS. 2,3; 2010-57, S. 2; 2010-63, S. 2(b);  2011-150,s.1 1;2014-120, $.34;2015-246,5 $9,20185,s37.10))  G.S. 160A-272  Page 1    STATE OF NORTH CAROLINA  TOWN OF SAWMILLS LICENSE AGREEMENT FOR CUTTING & BALING OF HAY  COUNTY OF CALDWELL  THAT WHEREAS, the Town of Sawmills, a municipal corporation ("Town") and desire to enter into this License Agreement ("License") according to the terms and conditions set  ("Licensee"), do hereby  forth below:  WITNESSETHE  THAT WHEREAS, the Town of Sawmills, ai municipal corporation of Caldwell County certain areas as designated on Exhibit A (Premise)according: to those terms and conditions set  does hereby grant unto forth herein below: 1.  ("Licensee") a License Agreement to cut  This License shall exist for a period of  months to begin on the  day of  2022 and to end on the  day of and  2022.  2.  This grant of license is exclusive to  may not be assigned. This License grants to Licensee the right to cut hay at times and according to schedule and fields that is applicable to at mutually agreed upon times and for fields as on the map attached hereto. The specific times of use, description of activities allowed and any scheduling changes of the activities allowed must be submitted by Licensee to the Town Manager and approved prior The Licensee shall not use or permit said Premises or any part thereof to be used for any purpose or purposes other than the fertilizing and improvement of the land The Licensee agrees to abide by all terms and conditions set forth in the Town of Sawmills Code of Ordinances and to the particular Rules that applies to this The Licensee shall indemnify and save harmless the Town and its officers, agents, and employees from and against all claims, demands, actions, suits and proceedings by others arising out of the exercise of this License Agreement, including, but not limited to, any liability for damages by reason of any individual taking part in the operation of the cutting of hay and/or running of equipment as well as guests and invitees of Licensee, including but not limited to any and all  to actual times of cutting.  3.  and cutting and baling ofl hay as approved herein.  4.  License as attached hereto.  5.  272243.1    other loss, costs or expense, including reasonable attorney's fees from any loss, cost or damages or operation of said Premises for hay cutting operations. Concurrently with the signing of this License, the Licensee shall file with the Town Clerk and all times thereunder, maintain in full force and effect for the terms of such license or any renewal thereof, a good and sufficient liability insurance policy providing coverage for personal injuries to each person; coverage for all personal injuries in each accident and coverage for all property damage in each accident at such amounts as have been agreed to by the Town. The policy shall name the Town, Council Members and employees as additional insureds. The Licensee does indemnify and hold harmless the Town, its council members and all staff from any and all costs, court costs and costs of defense for any action, including reasonable attorneys fees, from any cause of action, claim or demand for personal injury, death or property damage arising out ofthe use ofthe  6.  Town property.  7. The Licensee agrees that any and all individuals who will be cutting hay or on Town Property will have appropriate identification at all times and that a list of those SO authorized and any changes thereto will be provided to the Town  Manager.  MAINTENANCE AND ACCOUNTING FOR FUNDS  1.  The Licensee has inspected said Premises and accepts the same in its existing condition and agrees to maintain said Premises and return the Premises to the Town at the end of the use in the same condition as it is now less reasonable wear The Licensee agrees that any and all improvements, fixtures attached and repairs done to said Premises at the end of the license term shall become the sole and The Licensee agrees not to operate hay cutting operations in such a manner as to create a public nuisance or constitute a danger to the public health, safety or The Licensee shall pay the Town of Sawmills the sum of  and tear.  2.  absolute property ofthe Town of Sawmills.  3.  welfare ofothers.  4.  and /100ths Dollars ($  per  bale ofhay.  (Signatures appear on the Following Page)  272243.1    IN WITNESS WHEREOF, the parties have hereto caused this instrument to be duly  executed the day and year first above written.  TOWN OF SAWMILLS  By:  Town Manager  LICENSEE:  (Seal)  Name: Address: Phone: Email:  272243.1    AGENDA ITEM 12A  MEMO DATE: SUBJECT:  March 15, 2022 Updates: Code Enforcement Monthly Report  Discussion:  The attached report shows the progress that Planner Dustin Millsaps continues to make  throughout the town. Recommendation: No Council action required.