AGENDA Sawmills Town Hall Tuesday, May 21, 2019 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 7. Recognitions: A. Recycle Rewards 8. Financial Matters: 9. Discussion: 10. Public Comment 11. Updates:  Mayor. Johnnie Greene Pastor Jeff Lambert Mayor Johnnie Greene Mayor Johnnie Greene Mayor Johnnie Greene Mayor Johnnie Greene Mayor. Johnnie Greene Mayor. Johnnie Greene  A. April 16 19,2019 Regular Meeting Minutes B. April 16, 2019 Closed Session Minutes  A. Presentation ofFY2019-2020 Budget and Call for Public Hearing Mayor Johnnie Greene  A. Veteran's Memorial Park Lease  Mayor Johnnie Greene Mayor Johnnie Greene Mayor Johnnie Greene Town Administrator Christopher Todd Mayor Johnnie Greene Mayor Johnnie Greene  A. Code Enforcement Report B. Town Administrator Updates C. Council Comment 12. Adjourn    April 16,2019  TUESDAY, APRIL 16, 2019  TOWN OF SAWMILLS REGULAR COUNCIL MEETING  6:00 PM  COUNCIL PRESENT Mayor Johnnie Greene Keith Warren Rebecca Johnson Joe Norman Clay Wilson Jeff Wilson  STAFF PRESENT Christopher Todd Terry Taylor Julie A Good  CALL TO ORDER: Mayor Johnnie Greene called the meeting to order.  INVOCATION: Pastor Devin Severt 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 April 16, 2019 Rebecca Johnson made a motion, and Clay Wilson seconded, to adopt the April 16, 2019  Agenda.  Agenda. All were in favor.  APPROVE MARCH 19, 2019 REGULAR MEETING MINUTES: Mayor Johnnie Greene asked for a motion to approve the March 19, 2019 regular meeting minutes. Joe Norman made a motion, and Rebecca Johnson seconded, to approve the March 19,2019  regular meeting minutes. All were in favor.  APPROVE MARCH 19, 2019 CLOSED SESSION MINUTES: Mayor Johnnie Greene asked for a motion to approve the March 19,2019 closed session minutes. Rebecca Johnson made a motion, and Joe Norman seconded, to approve the March 19,2019  closed session minutes. All were in favor.  APPROVE MARCH 26, 2019 SPECIAL MEETING MINUTES: Mayor Johnnie Greene asked for ai motion to approve the March 26, 2019 special meeting minutes. Joe Norman made a motion, and Keith Warren seconded, to approve the March 26, 2019  special meeting minutes. All were in favor.    April 16, 2019  PUBLIC COMMENT: Mayor Johnnie Greene asked if anyone had any questions or Tom Blanton of Russell Dr stated that he was present at the March 26, 2019 special meeting and wanted to speak to Council regarding contracting a deputy. Mr. Blanton stated that a Town this size should have its own police force and the proposal from the Caldwell County Diane Blanton of Russell Dr stated that she was disappointed with the Council fornot adding the Caldwell County Sheriff's Department proposal for a part-time deputy to the budget for this year. Mrs. Blanton also stated that she was not happy about that the Town is considering  comments at this time.  Sheriff's Department is a good first step in that direction.  dropping recycle from the Town'ss services.  RECOGNITIONS:  RECYCLE REWARDS WINNER: Mayor. Johnnie Greene announced Mr. Paul Blair as the April Recycle Rewards winner. A credit of thirty-two dollars ($32.00) will be added to his  sanitation bill.  No Council action was required. FINANCIAL MATTERS:  BAD DEBT WRITE OFF: Mayor Johnnie Greene stated that the Town had a list of2015 accounts that have gone unpaid for Utility and Sanitation services. The Town does not expect to collect payment for these accounts and recommends that Council approve the write off of the accounts. The total amount of these accounts is five thousand four hundred two dollars and eleven cents ($5,402.11). Mayor Johnnie Greene also advised Council that included in the list are thirty-five (35) accounts the Town has submitted to the NC Debt Setoff Program for Collection. Mayor Johnnie Greene stated the Town had recovered five thousand five hundred twenty-eight dollars and thirty-five cents ($5,528.35): from previous years. Thereare Joe Norman made a motion, and Jeff Wilson seconded, to approve staff to write off the 2015 list ofbad debts accounts in the amount of five thousand four hundred two dollars and eleven  sufficient funds in the budget to cover this.  cents ($5,402.11). All were in favor. PLANNING MATTERS:  RE-APPOINIMENT PLANNING BOARD MEMBERS: Mayor Johnnie Greene stated that there are two (2) seats on the Planning Board that expired in September 1,2018. Steve  Duncan and David Powell have both agreed to serve another term.    April 16, 2019  Clay Wilson made ai motion, and Joe Norman seconded, to reappoint Steve Duncan and David  Powell to another term on the Planning Board. All were ini favor.  BOARD OF. ADJUSTMENT) VACANCIES: Town Administrator Christopher Todd stated that the Sawmills Board of Adjustments has an in town vacant seat due to Board Member Todd Hess moving out of the city limits and there is an out of town seat vacant. Alternate Board Member Reed Lingerfelt has agreed to be a permanent Board Member. Town Administrator Christopher Todd stated that there is an out oftown permanent seat and an alternate seat vacant if Council knows of anyone in the public that wants to serve. Joe Norman made a motion, and Keith Warren seconded, to appoint Reed Lingerfelt from Alternate Board of Adjustment Member to Board Member. All were in favor. WPCOG PLANNER/CODE ENFORCEMENT OFFICER AGREEMENT: Mayor Johnnie Greene stated that the current contract with the Western Piedmont Council of Governments (WPCOG) for planning services will expire on June 30, 2019 and will need to ber renewed. The renewal of the services would be for twenty-three thousand seven hundred thirty dollars ($23,730.00) and billed in twelve (12) monthly payments of one thousand nine Keith Warren made a motion, and Joe Norman seconded, to accept the contract with the WPCOG for a total oft twenty-three thousand seven hundred thirty dollars ($23,730.00). All  hundred seventy-seven dollars and fifty cents ($1,977.50).  were in favor.  WPCOG STORM WATER DISCHARGE PROGRAM AGREEMENT: Town Administrator Christopher Todd stated that the current agreement between the Cityo ofLenoir and the Town of Sawmills for storm water discharge expires on June 30, 2019. The City of Lenoir will no longer be offering a Storm Water program. The Western Piedmont Council of Governments (WPCOG) will offer a Storm Water Discharge Program. The Storm Water Discharge Program between the WPCOG and the Town of Sawmills will be effective July 1, 2019 and expire June 30, 2020. The cost the Town would pay the WPCOG to continue responsibility of the plan is in the amount of twenty-three thousand six hundred ninety-eight  dollars ($23,698.00).  Clay Wilson made ai motion, and. JeffWilson seconded, to approve the Storm Water Discharge Program Agreement covering the period ofJuly 1,2019 through June 30, 2020 in the amount oft twenty-three thousand six hundred ninety-eight dollars ($23,698.00). All were in favor.  PUBLIC COMMENT: No one wished to speak.    April 16, 2019  APRIL CODE ENFORCEMENT REPORT: There are four (4) code enforcement cases  open:  Chaney Carter, owner of 4361 Sawmills School Rd. Overgrown vegetation. Town Planner stated that a letter was sent on July 19, 2018, with a deadline of August 3, 2018. Town Planner stated that the nuisance was abated by the Town on August 10, 2018. Town Planner stated that a lien will be placed on the property for the cost of Jessie Kristian Smith, 4215 Trojan Ln. Fowl running loose. Town Planner received a written complaint from adjacent property owner stating that resident at 4215 Trojan Ln had approximately one (1)t to: fifteen (15) chickens and six (6) ducks running loose. Traveling public along Trojan Ln are consistently having to stop to wait on ducks to cross the road or sunning in the road. School buses have needed to blow horns to get them to move. Also, the chickens are digging up the neighbor's property. Town Planner stated that a certified letter was sent to home owner on February 21, 2019. Town Planner stated that she visited the site and there were fowl running loose in the back yard and roosting. There are also materials accumulation surrounding the home, Carolyn Bray/Robyn Brittian, 2570 Baker Circle. Abandoned mobile home. Town Planner Hunter Nestor states that he is working with Town Attorney Terry Taylor to Horror Fields, Kiser-Sawmills, Helena St. Fence/buffer. Town Planner Hunter Nestor stated that a complaint was received on April 10, 2019. Town Planner Hunter Nestor stated that the property is not in compliance with the conditions set in CUP. Town Planner Hunter Nestor stated that a NOV letter was sent out on Aprill 11,2019, with a  the mowing;  which looks as though property owners are building a fence;  abate;  deadline of May 10, 2019.  No Council action was required.  TOWN ADMINISTRATOR UPDATES: Town Administrator Christopher Todd stated that the Lights at Baird Park are up and running and that the lights look and work great. COUNCIL COMMENT: Mayor Johnnie Greene asked if anyone on the Council had any Joe Norman stated wanted to thank everyone for coming out and he hoped everyone came  questions or comments at this time.  back.  Keith Warren wanted to thank everyone for coming out.  Rebecca Johnson wanted to thank everyone for coming out and hoped everyone would come Jeff Wilson wanted to let everyone know that the April meeting would be his last meeting. Jeff Wilson stated that he and his wife are moving out of state. Jeff Wilson wanted to thank  back.    April 16, 2019  everyone for the experience he has had during his time on the Sawmills Town Council. CLOSED SESSION: ATTORNEY CLIENT PRIVILEGE: Mayor Johnnie Greene asked Clay Wilson made a motion, and Jeff Wilson seconded, to go into closed session at Clay Wilson made a motion, and Keith Warren seconded, to come out of closed session at  for a motion to go into closed session. approximately 6:24 pm. All were in favor. approximately 6:36pm. All were in favor.  COUNCIL ADJOURN: Mayor Johnnie Greene asked for a motion to adjourn.  Jeff Wilson made a motion, and Keith Warren seconded, to adjourn the meeting. All were in  favor.  The meeting was adjourned at approximately 6:37pm.  Johnnie Greene, Mayor  Julie A. Good, Town Clerk    AGENDA ITEM7A  MEMO DATE: SUBJECT:  May 21,2019 Recognition: Recycle Rewards Program  Discussion:  The Town of Sawmills would like to congratulate Mr. Michael Rabon on winning the Recycle Rewards Program for the month ofMay. 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 8A  MEMO DATE: SUBJECT:  May21,2019 Financial Matters: Presentation of FY 2019-2020 Budget and Call for a Public Hearing  Discussion:  As required by state law, the proposed FY 2019-2020 budget is balanced and staff will present it Included in the agenda packet is a copy ofthe proposed fee structure, the budget message, the  during the. June Council Meeting.  budget ordinance and a copy ofthe proposed FY 2019-2020 budget.  Recommendation:  Staffrecommends Council call for a public hearing to bel held on June 18, 2019 at 6:00 pm to  adopt the proposed FY 2019-2020 budget.    BD-Ddorine  BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF SAWMILLS, NORTH  CAROLINA:  The following anticipated fund revenues, departmental expenditures, and interfund transfers are approved and appropriated for the Town of Sawmills' operations for the Fiscal Year  beginning July 1,2019 and ending June 30, 2020.  SECTION1- General Fund  Revenues: Property Tax Local Sales Tax Powell Bill Allocation Solid Waste Fee State Shared (Utlity/Franchise) Other Fund Balance Appropriated Planning/Zoning Fees Expenditures: Governing Body Administration Finance Public Works Streets and Highways (Powell Bill) Sanitation/Recrycling Community Development Parks and Recreation  484,100 1,037,500 142,000 200,000 203,358 7,750 0 750 $2,075,458  Total Estimated General Fund Revenues  50,450 461,258 90,000 457,400 62,000 259,950 123,850 376,550 194,000 $2,075,458  Interlocal Transfer to Caldwell County Total Estimated General Fund Expenditures    SECTION2- Utility Fund  Revenues: Water Sewer  787,500 235,750 $1,023,250  Total Estimated Utility Fund Revenues  Expenditures: Water Sewer  787,500 235,750 $1,023,250  Total Estimated Utility Fund Expenditures SECTION3-Ad Valorem Taxes  An Ad Valorem tax rate of $0.20 per one hundred dollars ($100) valuation of taxable property, as listed for taxes as ofJanuary 1, 2019, is hereby levied and established as the official tax rate for the Town of Sawmills for Fiscal Year 2019 - 2020. The rate is based upon a total projected valuation of $256,376,500 and an estimated collection rate of93.8%. The purpose of the ad valorem tax levy is to raise sufficient revenue to assist in financing  necessary municipal government operations in Sawmills.  SECTION4- Documentation  Copies oft this ordinance will be kept on file at Town Hall and shall be furnished to the Town Clerk and Finance Director to provide direction in the collection ofrevenues and disbursement  ofTown funds.  SECTION5- Special Authorization, Budget Officer A. The Town Administrator shall serve as Budget Officer.  B. The Budget Officer shall be authorized to reallocate departmental appropriations among C. The Budget Officer is authorized to effect interdepartmental transfers of minor budget amendments not to exceed ten percent (10%) of the appropriated funds for the department's allocation which is being reduced. Notification of all such transfers or amendments shall be made to the Town Council at their next regular meeting of that body  the various expenditures within each department.  following the transfers.    SECTION 6- Restrictions  A. Interfund transfers of monies shall be accomplished only by authorization from the B. The utilization of any contingency appropriation, in any amount, shall be accomplished only by the authorization from the Town Council. Approval of a contingency appropriation shall be deemed a budget amendment, which transfers funds from the  Town Council.  contingencya appropriation to the appropriate object of expenditure.  SECTION7-) Budget Amendments  Thel North Carolina Local Government Budget and Fiscal Control Actallow the Town Council to amend the budget ordinance any time during the fiscal year, SO long as it complies with the North Carolina General Statutes. The Town Council must approve all budget amendments, except where the Budget Officer is authorized to make limited transfers. Please review sections 5 and 6, which outline special authorizations and restrictions related to budget  amendments.  SECTION 18-1 Utilization ofBudget and Budget Ordinance  This ordinance and the budget documents shall be the basis for the financial plan ofthe Town of Sawmills during the 2019-2020 Fiscal Year. The Budget Officer shall administer the budget. The accounting system shall establish records that are in consonance with this budget and this ordinance and the appropriate statutes of the State ofNorth Carolina.  Adopted this the  day of  2019.  Mayor Johnnie Greene  Christopher Todd, Town Administrator  ATTEST:  Clerk    Annual Budget for the 2019-2020 Fiscal Year  Honorable Mayor Johnnie Greene And Members oft the Town Council:  Town Staffi is pleased to present the proposed budget for Fiscal Year 2019-2020, beginning July 1,2019 and ending June 30, 2020. The budget is balanced in its entirety as required by the North The Town of Sawmills' overall budget for FY 2019-2020 totals $3,098,708 reflecting an overall  Carolina Local Government Budget and Fiscal Control Act. decrease of$477,086, or 13.34% decrease from FY 2018-2019.  The proposed budget includes: no tax increases; 0% increase oft the sewer rates;  an appropriation of Water and Sewer Fund reserves will be made this fiscal year; reduces current levels of service by discontinuing curbside recycling collection;  maintains current levels ofbenefits for employees  Below is al briefbudgetary summary of the various funds for the Town:  General Fund:  The proposed ad valorem tax rate for FY 2019-2020 is to remain at 20 cents per $100 valuation with a collection rate of93.8%. Each penny oft the Town's property tax rate generates  approximately $20,767.00.  The General Fund currently remains debt free. The Town of Sawmills attempts to pay for capital outlay items from actual revenue sources and/or reserves rather than issuing bonds or borrowing funds and paying interest on debt. The Town will not need an appropriation of General Fund Anticipated State collected local revenues have been calculated utilizing data supplied by the North Carolina League ofN Municipalities and local economic data. The Town is anticipating small increases in most of these revenue sources as aresult of the slowly improving local, state  unrestricted reserves in order tol balance the budget.  and national economy.  Some highlights ini the General Fund Departmental budgets include: purchase ofnew modern ADA Inclusive Playground Equipment purchase ofai radar sign to help aid in traffic and speed enforcement maintaining employee benefits at current levels; a0%-5% merit increase for employees;  continued participation in the Caldwell County Sales Tax Reinvestment Program in the  amount of$194,000  General fund revenues and expenditures are balanced at $2,075,458 This amount represents a decrease of $469,277, or a decrease of18.44%, from the previous 2018-2019 Fiscal Year  Budget.  5    Enterprise Fund:  Due to the increased cost of service and desire to maintain our infrastructure, the Town Council and Staffannuallyreview: the water and sewer rate structure. For the upcoming fiscal year there are no recommended increases. This recommendation balances both the need to continue providing the highest quality service possible, with the desire to provide the most economical In light of the need to maintain Enterprise Fund reserves to address anticipated system improvements, maintain solvency and meet unanticipated emergencies, both staff and the Town Council are urged to: maintain adequate financial planning for the future. This may require The Water Department, reflects a total of $260,000 in expenses for the replacement of the Revenues for the Enterprise Fund for FY 2019-2020 are approximately y51,023250reflecting a  cost to our customers.  adjusting water and sewer rates in the 2020-2021 Fiscal Year's Budget.  Russell Drive and Mission Road waterlines  decrease of7,859, or 0.76%, from the FY 2018-2019 budget.  Water Rates: Water Base Rate: $20.60  Water Volumetric Rate: $6.00 per 1,000 gallons 1,000-1 10,000 gallons Water Volumetric Rate: $7.00 per 1,000 gallons 10,001 - 20,000 gallons Water Volumetric Rate: $4.50 per 1,000 gallons 20,001 - 30,000 gallons Water Volumetric Rate: $3.50 per 1,000 gallons > 30,000 gallons  Sewer Rates: Sewer Base Rate: $27.15 Conclusion:  Sewer Volumetric Rate: $7.60 per 1,000 gallons  Iti is with great pride, and a lot ofhard work, that we present the proposed budget for FY2019- 2020. The total budget estimates for FY 2019-2020 (across all funds) totals $3,098,708 versus $3,575,794 for FY 2017-2018. Staff did a great jobi in realizing the Town's monetary parameters and making adjustments accordingly. General Fund balance percentage is anticipated to improve Iwould like to thank the dedicated employees oft the Town for their hard work and good stewardship oft the Town's resources. These people work hard and take pride in carrying out their duties. I would like to thank the Mayor and Council for their dedication in carrying out their responsibilities inj providing leadership and guidance in these times of budgetary stress and  this year.  economic uncertainty. Respectfully, Christopher Todd Town Administrator  6    Town of Sawmills Fee Structure FY 2019-2020 7/01/2019 - 6/30/2020  Public Works:  Items not picked up - building materials, electronics and automobile parts. Small brush pick up fee: Large brush pick up fee: White goods pick up fee: Special (bulky item) pick up fee: Purchase of Speed Limit or other Traffic signs: Water/Sewer Department: Water Deposit Sewer Deposit Water Tap (3/4 inch tap) Water Tap (3/4 inch tap) Water Tap (2 inch or greater) Water Tap (2 inch or greater) Sewer. Tap (4-6 inch) Sewer Availability Fee ***NO OUTSIDE SEWER TAPS*** Water Rates (Inside Town)  No charge (30 minutes or less) $75.00 No charge No charge $75.00 $100.00 $100.00 $750.00 $1,500.00 $750.00 plus 15% $1,500.00 plus 15% $1,000.00 $27.15 (current rate)  (per hour)- see policyfor guidelines  IfSS# provided $50.00 (a 50% discount) IfsS# provided $50.00 (a 50% discount)  Inside Town Outside Town Inside Town Outside Town Inside Town  $20.60 min charge per month up to $6.00 per each additional 1,000 gals up $7.00 per each additional 1,000 gals from 10,001 gals to 20,000 gals $4.50 per each additional 1,000 gals from 20,001 gals to 30,000 gals $3.50 per each additional 1,000 gals $41.20 min charge per month up to $12.00 per additional 1,000 gals up to $14.00 per each additional 1,000 gals from 10,001 gals to 20,000 gals $9.00 for each additional 1,000 gals from 20,001 gals to 30,000 gals $7.00 for each additional 1,000 gals $27.15 min charge per month up to $7.60 per additional 1,000 gals  2,000 gals to 10,000 gals  after 30,000 gals 2,000 gals 10,000 gals  Water Rates (Outside Town)  after 30,000 gals  Sewer Rates (Inside Town) ***NO OUTSIDE SEWER*** Meter Tampering Fee  2,000 gals $75.00 $150.00  Fire Hydrant Access Deposit (Contractors Only)    Sanitation Department: Sanitation Deposit Sanitation Fee  $20.00  $8.00 per month $96.00 per year $70.00 (per can) $8.00 per month  Extra Trash Can (rental fee) Sanitation Availability Fee  Planning: Zoning Permit: Zoning Permit - Accessory structures Rezoning Application: (Includes Public Notice Adverusingcertitied letters) Special Use Permit: Family or Minor Subdivision Review: Major Subdivision Review: Copy of Subdivision Ordinance: Request for Variance: Encroachment Fee Parks and Recreation Baird Park - Baseball Fields  $25.00 $5.00 $200.00 $150.00 $25.00 $200.00 $10.00 (per copy) $200.00 $750.00  (plus $5.00 per lot after 25 lots)  $150.00 per field $250.00 both fields $300 multi day tournament $100.00 per field $175.00 both fields  Veterans Park - Baseball Fields  $225.00: multi day tournament  Soccer Field  $100.00 $150.00 .10 per page .20 per page $30.00 fee)  Farmers Market Field Miscellaneous Fees Black & white copies: Color copies:  Insufficient Funds (NSF Check Return)  ($25.001 bank fee + $5.00 processing    Town of Sawmills Annual Budget Estimates Revenues Fiscal Year: 2019-2020 Summary  Budget Page: Budget 2019-2020 Estimate $2,075,458 $1,023,250  Last' Year  Current Year Actual to $1,542,918 $661,470  Estimated Entire Year $2,123,650 $991,298  Fund General Fund Utility Fund  Fund# Actual 2017-2018 Budget 2018-2019 February 2019  1 2  $2,502,519 $1,089,192  $2,164,685 $1,422,109  TOTALS:  $3,591,711  $3,586,794  $2,204,388  $3,114,948  $3,098,708    Town of Sawmills Annual Budget Estimates Revenues Fiscal Year: 2019-2020 General Fund  Budget Page: 2 Budget 2019-2020 Estimate $409,000 $20,000 ($250) ($12,000) $500 $65,000 $100 ($500) ($3,000) $5,000 $250 $500 $250,000 $62,500] $320,000 $255,000 $150,000 $20,000 $2,000 $142,000 $0 $25,000 $150,000 $150 $750 $0 $4,000 $100 $3,358 $200,000 $3,000 $500 $500 $1,000 $1,000 $0 $0 0 $0 $0 $2,075,458  Fund1 Last' Year 1-00-3101 1-00-3102 1-00-3103 1-00-3104 1-00-3105 1-00-3110 1-00-3111 1-00-3112 1-00-3113 1-00-3114 1-00-3115 1-00-3116 1-00-3229 1-00-3230 1-00-3231 1-00-3232 1-00-3233 1-00-3316 1-00-3319 1-00-3323 1-00-3324 1-00-3340 1-00-3351 1-00-3831 1-00-3833 1-00-3834 1-00-3835 1-00-3836 1-00-3837 1-00-3839 1-00-3841 1-00-3842 1-00-3845 1-00-3889 1-00-3990  Current Year Actual to $406,953 $31,010 $0 ($11,183) $2,984 $39,177 $16 ($219) ($1,392) $4,637 $144 $390 $181,802 $40,648 $205,675 $163,128 $99,756 $11,121 $820 $146,007 $0 $13,452 $75,519 $100 $440 $0! $2,830! $101 $3,358 $122,866 $1,922 $425 $0 $348 $85 $0 $0 $0 $0 $0 $0 $1,542,918  Estimated Entire Year $409,000 $31,800 $0 ($11,500) $3,100 $40,200 $50 ($275) ($1,500) $6,400 $200 $600 $250,000 $65,000 $320,000 $250,000 $150,000 $20,000 $2,500! $146,007 $0 $25,000 $150,000 $125 $750 $0 $3,200 $125 $3,358 $200,000 $3,500 $410 $0 $400 $1,200 $0 $0 $0 $0 $54,000 $0 $2,123,650  Account Name Ad Valorem Current Year AdV Valorem Prev Year AdV Valorem Refunds Adv Valorem Collection Fees Vehicle Interest Vehicle Taxes Vehicle Taxes Prev Year Vehicle Refunds Vehicle Collection Fees Interest on Ad Valorem Ad Valorem Late List Rev NSF fees Hold Harmless Article 44 1/2% Sales tax Article 39 1% Sales Tax Article 401/2 % Sales Tax Article 42 1/2 % Sales Tax Sales Tax on' Telecommunications 1-00-3234 Excise Tax on Piped Natural Gas 1-00-3235 Powell Bill Funds Weliness Grant Cable Franchise Fees Ultility Franchise Fees Veteran's Memorial Engraving/Misc 1-00-3333 Planning &Z Zoning Fees Sale of Recyclable Materiais Investment Earnings Investment Earnings Powell Bill 1-00-3832 Mowing/Snow Removal Solid Waste Fee Solid Waste Revenue Parks/Rec (Misc) Parks/RecFee Miscellaneous Revenue Farmers Market Fees Veteran's Park/Rec Fee Over/Under Cash Reconciliation 1-00-3843 NC Debt Setoff Transfer from Capital Reserve 1-00-3860 Powell Bill Reserve Fund Balance Appropiated TOTALS:  Account # Actual 2017-2018 Budget 2018-2019 February 2019  $408,964 $15,301 $0 ($10,634) $548 $70,244 $98 ($564) ($3,016) $4,225 $282 $690 $291,147 $65,930 $324,676 $260,516 $157,502 $21,243 $3,060 $146,798 $1,460 $27,815 $152,254 $75 $950 $192 $4,492 $154 $3,358 $210,045 $3,425 $450 $275 $1,918 $1,245 $2,400 $0 $0 $335,000 $0 $0 $2,502,519  $405,000 $20,000 ($250) ($15,000) $150 $55,000 $100 ($500) ($3,000) $5,000 $300 $400 $250,000 $46,000 $315,000 $255,000 $150,000 $15,000 $500 $146,000 $0 $15,000 $150,000 $250 $750 $0 $2,750) $127 $3,358 $185,000 $3,000 $500 $500 $1,500 $1,000 $2,250 $0 $0 $0 $54,000 $100,000 $2,164,685    Town of Sawmills Annual Budget Estimates Revenues Fiscal Year: 2019-2020 Utility Fund  Budget Page: 3 Budget 2019-2020 Estimate $787,500 $235,750  Fund2 80 90  Last Year  Current Year Actual to $535,248 $126,221  Estimated Entire Year $791,298 $200,000  Department Dept# Actual 2017-2018 Budget 2018-2019 February 2019  Water Sewer  $888,865 $200,327  $783,709 $638,400  TOTALS:  $1,089,192  $1,422,109  $661,470  $991,298  $1,023,250    Town of Sawmills Annual Budget Estimates Revenues Fiscal Year: 2019-2020 Utility Fund- Water Department  Budget Page: Budget 2019-2020 Estimate $21,000 $655,000 $5,000 $2,500 $15,000 $2,000 $1,000 $0 $86,000 $0 $0 $0 $787,500  Fund2 1-00-3120 2-00-3710 2-00-3711 2-00-3713 2-00-3714 2-00-3831 2-00-3839 2-00-3845 2-00-3850 2-00-3861 2-00-3990  LastYear  Current Year Actual to $21,239 $440,519 $5,250 $1,450 $11,883 $2,040 $1,151 $0 $0 $51,715 $0 $0 $535,248  Estimated Entire Year $21,239 $660,000 $5,250 $2,000 $15,000 $2,100 $1,500 $O $0 $84,209 $0 $0 $791,298  Account Name Water Tank Cell Tower Lease Water Sales Water Taps & Connections Reconnection Fees Late Charges Investment Earnings Miscellaneous Revenue NC Debt Setoff Capital Contributions AIA Grant- Waterlines GIS Operating Transfer from General Fund 2-00-3900 Appropriated Net Assets TOTALS:  Account # Actual 2017-2018 Budget 2018-2019 February 2019  $6,440 $767,388 $4,750 $2,200 $15,047 $2,887 $4,153 $0 $86,000 $0 $0i SOL $888,865  $19,000 $655,000 $5,000 $2,500 $15,000 $2,000 $1,000 $0 $0 $84,209 $0 $0 $783,709    Town of Sawmills Annual Budget Estimates Revenues Fiscal Year: 2019-2020 Utility Fund - Sewer Department  BudgetPage: Budget 2019-2020 Estimate $200,000 $0 $0 $35,750 $235,750  Fund2 2-00-3750 2-00-3751 2-00-3850  Last Year  Current Year Actual to $126,221 $0 $0 $0  Estimated Entire Year $200,000 $0 $0 $O  Account Name Sewer Charges Sewer Tap & Connections Capital Contributions Sewer Net Funds Appropriated 2-00-3991  Account # Actual 2017-2018 Budget 2018-2019 February 2019  $200,327 $0 $0 $0  $187,000 $0 $100,000 $351,400 $638,400  TOTALS:  $200,327  $126,221  $200,000    Town of Sawmills Fiscal Year: 2019-2020 Summary  Annual Budget Estimates Expendtureslxpenses  Budget Page: 6 Budget 2019-2020 Estimate $2,075,458 $1,023,250  Last Year  Current Year Actualto $1,711,433 $448,803  Estimated Entire Year $2,274,627 $658,685  Fund General Fund Utility Fund  Fund # Actual 2017-2018 Budget 2018-2019 February2019  1 2  $1,905,873 $767,832  $2,544,685 $1,031,109  TOTALS:  $2,673,705  $3,575,794  $2,160,236  $658,685  $3,098,708    Town of Sawmills Annual Budget Estimates Expenditures Fiscal Year: 2019-2020 General Fund  Budget Page: Budget 2019-2020 Estimate $50,450 $461,258 $90,000 $457,400 $123,850 $376,550 $62,000.00 $259,950.00 $0.00 $194,000.00 $2,075,458  Last Year  Current Year Actual to  Estimated Entire Year $35,759 $351,229 $78,350 $420,250 $89,381 $638,613 $195,000.00 $272,045.00 $0.00 $194,000.00 $2,274,627  Account Governing Body Administration Finance Public Works Community Development Parks and Recreation Streets &Highways Sanitation and Recycling Operating Transfers Interlocal Transfer to Caldwell County TOTALS:  Dept # Actual 2017-2018 Budget 2018-2019 February: 2019  10 20 30 40 45 46 50 60,70 00 20  $39,936 $381,135 $74,380 $330,179 $66,993 $130,938 $229,530.69) $458,782.62 $0.00 $194,000.00 $1,905,873  $49,450 $419,100 $82,450 $506,185 $96,200 $663,450 $200,000.00 $333,850.00 $0.00 $194,000.00 $2,544,685  $26,391 $239,381 $52,785 $261,591 $71,894 $483,446 $202,681.00 $179,264.60 $0.00 $194,000.00 $1,711,433    Town of Sawmills Annual Budget Estimates Expenses Fiscal Year: 2019-2020 Utility Fund  Budget Page: 8 Budget 2019-2020 Estimate $787,500 $235,750  Last Year  Current Year Actual to  Estimated Entire Year $440,781 $217,904  Dept Water Sewer  Dept # Actual 2017-2018 Budget 2018-2019 February 2019  80 90  $520,201 $247,632  $783,709 $247,400  $310,678 $138,125  TOTALS:  $767,832  $1,031,109  $448,803  $658,685  $1,023,250    Town of Sawmills Annual Budget Estimates - Expenditures Fiscal Year: 2019-2020 General Fund- Governing Body  Budget Page: 9 Budget 2019-2020 Estimate $14,000 $200 $1,150 $1,000 $16,000 $7,000 $500 $500 $100 $5,000 $500 $3,000 $1,500 $50,450  Fund1 Account # Actual 2017-2018 1-10-4100 1-10-4104 1-10-4106 1-10-4109 1-10-4110 1-10-4111 1-10-4125 1-10-4126 1-10-4130 1-10-4131 1-10-4225 1-10-4295  Last Year  Current Year February2019 Entire Year $9,200 $53 $704 $0 $15,100 $0 $0 $0 $0 $44 $0 $1,289 $0! $26,391  Budget2018- Actual to 2019 $14,000 $200 $1,150 $1,000 $16,000 $7,000! $500 $500 $100 $5,000 $500 $3,000 $500 $49,450  Estimated $13,800 $53 $1,056 $1,000 $16,000 $0 $0 $250 $50 $50 $0 $3,000 $500 $35,759  Account Name  Wages Workers Compensation FICA & Medi Taxes Community Assistance Program Donations Payments Board of Elections Uniforms Office Supplies Freight IN Travel & Schools Fuel Miscellanous Exp TOTALS:  $13,800 $108 $1,056 $1,000 $15,500 $5,241 $0 $173 $102 $40 $0 $2,916 $0 $39,936  Town Promotion Materials & Supplies 1-10-4515    Town of Sawmills Annual Budget Estimates - Expenditures Fiscal Year: 2019-2020 General Fund- - Administration  Budget Page: 10 Budget 2019-2020 Estimate $140,000 $500 $55,000 $2,000 $9,500 $15,000 $40,000 $4,408 $1,000 $8,000 $2,500 $1,500 $0 $750 $10,000 $8,500 $6,500 $1,000 $36,000 $1,000 $7,000 $1,000 $21,000 $15,000 $500 $1,000 $0 $1,000 $36,000 $1,000 $0 $500 $1,000 $100 $8,000 $25,000 $461,258  Fund1 1-20-4100 1-20-4101 1-20-4103 1-20-4104 1-20-4106 1-20-4118 1-20-4119 1-20-4120 1-20-4125 1-20-4126 1-20-4127 1-20-4128 1-20-4129 1-20-4130 1-20-4131 1-20-4132 1-20-4133 1-20-4134 1-20-4135 1-20-4136 1-20-4137 1-20-4138 1-20-4145 1-20-4148 1-20-4149 1-20-4150 1-20-4151 1-20-4170 1-20-4180 1-20-4181 1-20-4199 1-20-4225 1-20-4243 1-20-4244 1-20-4295 1-20-4760  Last) Year  Current Year Actual to $90,290 $0 $32,788 $401 $1,721 $11,100 $16,935 $0 $0 $2,067 $730 $O $0 $73 $2,308 $2,409 $3,243 $170 $8,191 $452 $2,810 $0 $16,979 $13,023 $01 $639 $0 $381 $19,408 $151 $0 $128 $669 $0 $1,071 $11,2451 $239,381  Estimated Entire Year $140,000 $0 $40,000 $500 $3,500 $11,100 $35,000 $0 $500 $5,000 $1,500 $0 $0 $150 $5,000 $3,500 $5,500 $250 $12,000 $1,000 $4,000 $0 $16,979 $14,000 $0 $1,000 $0] $750 $28,000 $750 $0 $250 $1,000 $0 $2,000 $18,000 $351,229  Account  Account# Actual 2017-2018 Budget 2018-2019 February 2019  Wages Overtime Employee Benefits Workers Compensation FICA&N Medi Taxes Professional Fee's/ Accounting Professional Fee'sLegal Professional Fee's Engineer Uniforms Office Supplies Office Equipment Wellness and Health Safety Equipment and Materials Freight IN Travel & Schools Telephone Utilities Permits and Fees Repairs & Maintenance Postage Advertising Printing Insurance and Bonds Dues and Subscriptions Unemployment Benefits Non Refundable Taxes Expense Capital Outlay Bank Service Charge Computer Expense Town Website Maintenance Prior Year Expenditures Fuel Leases & Maint Caldwell Railroad Commission Miscellanous Exp Contract Services TOTALS:  $136,074 $6 $30,178 $581 $2,972 $10,710 $29,567 $1,208 $515 $3,825 $2,651 $0) $1,500 $116 $2,333 $3,491 $4,668 $390 $16,699 $618 $1,817 SO $14,999 $12,287 SO $924 $63,442 $583 $23,102 $544 $0 $102 $455 $0 $2,191 $12,587 $381,135  $140,000 $500 $50,000 $5,500 $5,000 $15,000 $40,000 $1,000 $1,000 $8,000 $2,500 $0 $0 $1,000 $12,000 $4,500 $6,000 $1,000 $16,000 $1,000 $4,000 $1,000 $21,000 $14,000 $500 $1,000 $0 $1,000 $33,000 $1,000 $0 $500 $1,000 $100 $8,000 $23,000 $419,100    Town of Sawmills Annual Budget Estimates - Expenditures Fiscal Year: 2019-2020 General Fund - Finance  Budget Page: 11 Budget 2019-2020 Estimate $58,000 $0 $20,000 $5,000 $1,000 $1,000 $100 $2,500 $100 $300 $0 $1,000 $1,000 $90,000  Fund1 1-30-4100 1-30-4101 1-30-4103 1-30-4106 1-30-4126 1-30-4127 1-30-4130 1-30-4131 1-30-4134 1-30-4148 1-30-4149 1-30-4180 1-30-4295  Last Year  Current Year Actual to  Estimated Entire Year $55,000 $0 $17,000 $4,000 $1,000 $700 $0 $100 $50 $0 $0 $500 $0 $78,350  Account  Account: # Actual 2017-2018 Budget 2018-2019 February 2019  Wages Overtime Employee Benefits FICA & Medi Taxes Office Supplies Office Equipment Frieght IN Travel & Schools Permits and Fees Dues and Subscriptions Unemployment Benefits Computer Expense Miscellanous Exp TOTALS:  $51,331 $0 $16,821 $3,927 $919 $0 $0 $517 $50 $320 $0 $496 $0 $74,380  $55,000 $0 $17,000 $4,250 $750 $500 $100 $2,500 $50 $300 $0 $1,000 $1,000 $82,450  $36,522 $0 $11,722 $2,794 $639 $630 $0 $25 $50 $0 $0 $404 $0 $52,785    Town of Sawmills Annual Budget Estimates - Expenditures Fiscal Year: 2019-2020 General Fund- Public Works  Budget Page: 12 Budget 2019-2020 Estimate $188,000 $2,000 $0 $72,000 $7,000 $15,000 $1,000 $21,000 $6,000 $17,700 $300 $1,000 $2,500 $8,000 $0 $11,000 $400 $44,000 $11,500 $0 $3,000 $1,000 $13,000 $5,000 $0 $27,000 $457,400  Fund 1 1-40-4100 1-40-4101 1-40-4102 1-40-4103 1-40-4104 1-40-4106 1-40-4120 1-40-4124 1-40-4125 1-40-4129 1-40-4130 1-40-4131 1-40-4132 1-40-4133 1-40-4134 1-40-4135 1-40-4151 1-40-4180 1-40-4199 1-40-4225 1-40-4243 1-40-4295 1-40-4515 1-40-4559 1-40-4760  Last Year  Current Year Actualt to $102,070 $1,233 $0 $36,662 $6,067 $7,903 $0 $8,909 $1,098 $1,062 $314 $363 $1,165 $4,176 $0 $24,950 $540 $42,633 $360 $0 $2,069 $178 $5,911 $2,966 $0 $10,961 $261,591  Estimated Entire Year $170,000 $2,500 $0 $65,000 $6,067 $13,000 $0 $18,000 $2,000 $3,500 $400 $500 $2,000 $8,000 $0 $40,000 $600 $42,633 $2,000 $0 $2,750 $300 $8,000 $10,000 $12,000 $11,000 $420,250  Account  Account# Actual 2017-2018 Budget 2018-2019 February 2019  Wages Overtime Wages Part Time Employee Benefits Workers Compensation FICA & Medi Taxes Professional Fee's Engineer Steets and Lights Uniforms Equipment and Materials Freight IN Travel & Schools Telephone Utilities Permits and Fees Repairs & Maintenance Non Refundable Taxes Expense 1-40-4150 Capital Outlay Computer Expense Prior Year Expenditures Fuel Leases &I Maint Miscellanous Exp Materials & Supplies Paving-Speed humps Contract Services TOTALS:  $160,709 $1,742 $0 $63,024 $5,847 $12,4281 $0 $15,914 $1,460 $5,351 $222 $194 $1,822 $7,903 $0 $3,157 $420 $35,807 $1,623 $0 $1,668 $0 $7,057 $3,114 $0 $718 $330,179  $180,000 $3,400 $0 $65,000 $6,500 $13,750 $1,000 $21,000 $6,000 $4,000 $300 $1,000 $2,500 $8,000 $0 $65,000 $400 $44,000 $11,500 $0 $3,000 $1,000 $13,835 $15,000 $12,000 $28,000 $506,185    Town of Sawmills Annual Budget Estimates- Expenditures Fiscal Year: 2019-2020 General Fund-SitestsHighways  Budget Page: Budget 2019-2020 Estimate $0 $0 $0 SO $0 S0 $20,000 $0 $0 $0 $0 $0 $0 $0 $175,000 S0 $195,000  Fund 1 1-50-4100 1-50-4101 1-50-4103 1-50-4104 1-50-4106 1-50-4117 1-50-4130 1-50-4135 1-50-4151 1-50-4295 1-50-4515 1-50-4558 1-50-4559 1-50-4600  Last Year  Current' Year Actual to $0 $0 $0 $0 $0 $0 $25,000 $0 $0 $0 $0 $0 $0 $0 $175,000 $0 $200,000  Estmated Entire Year $0 $0 $0 $0 $0 $0 $8,417 $0 $200 $1,815 $01 $01 $6,892 S0! $185,357 SO $202,681  Account Wages Overtime Employee Benefits Workers Compensation FICA&N Medi Taxes Equipment Purchases Professional Fee's Engineer 1-50-4120 Safety Equipment and Materlals 1-50-4129 Freight IN Repairs & Maintenance Capital Outiay Miscellanous Exp Materials & Supplies Drainage Paving Righto of Way TOTALS:  Account# Actual 2017-2018 Budget 2018-2019 February 2019  $0 $0 50 $0 $0 501 $10,719 $0 $209 $23,871 $9,374 $0 $185,357 $0 $229,531  $10,000 $20,000 $20,000 s0J $12,000 $62,000    Town of Sawmills Annual Budget Estimates Expenditures Fiscal Year: 2019-2020 General Fund- Sanitation  Budget Page: 14 Budget 2019-2020 Estimate $75,000 $500 $0 $35,000 $4,000 $7,000 $100 $0 $200 $50 $50,000 $3,600 $1,000 $0 $0 $50,000 $16,000 $1,000 $5,000 $1,000 $0 $10,500 $0 $259,950  Last Year  Current Year Actualto  Estimated Entire Year $50,000 $0 S0 $18,000 $3,476 $4,000 $100 $1,000 $50 $0 $30,000 $3,750 $1,000 $0 $0 $69,419 $0 $14,000 $1,000 $750 $500 $0 $7,000 $68,000 $272,045  Actual 2017-2018 Budget 2018-2019 February 2019  Wages Overtime Wages Part Time Employee Benefits Workers Compensation FICA & Medi Taxes Recycie Rewards Equipment and Materials Freight IN Permits and Fees Repairs & Maintenance Postage Printing Unemployment Benefits Non Refundable Taxes Expense 1-60-4150 Capital Outlay Capital Reserve Fuel Allowance For Bad Debt Miscellanous Exp Materials & Supplies Contracted Services Landfill Expenses TOTALS:  1-60-4100 1-60-4101 1-60-4102 1-60-4103 1-60-4104 1-60-4106 1-60-4110 1-60-4129 1-60-4130 1-60-4134 1-60-4135 1-60-4136 1-60-4138 1-60-4149 1-60-4151 1-60-4152 1-60-4225 1-60-4285 1-60-4295 1-60-4515 1-60-4760 1-60-4761  $45,703 $264 $0 $16,286 $3,603 $3,516 $100 $0 $58 $0 $17,914 $3,445 $0 $0 $0 $281,432 $0 $13,409 $978 $510 $80 $0 $6,391 $65,096 $458,783  $70,000 $1,000 $0 $30,000 $3,000 $6,000 $100 $1,200 $200 $50 $50,800 $3,500 $4,000 $0 $0 $70,000 $0 $16,000 $1,000 $1,000 $1,000 $0 $7,000 $68,000 $333,850  $32,260 $0 $0 $11,287 $3,476 $2,468 $100 $870 $13 $0 $5,870 $1,445 $143 $0 $0 $69,419 $0 $8,825 $0 $17 $106 $0 $4,154 $38,812 $179,265  Contracted Services Recycle 1-70-4762    Town of Sawmills Annual Budget Estimates. Expenditures Fiscal Year: 2019-2020 General Fund. Community Development  Budget Page: 15 Budget 2019-2020 Estimate $200 $0 $50 $100 $100 $300 $2,000 $20,000 $100 $1,500 $15,000 $1,000 $27,000 $0 $56,500 $0 $123,850  Fund1 1-45-4100 1-45-4104 1-45-4106 1-45-4126 1-45-4130 1-45-4133 1-45-4134 1-45-4135 1-45-4136 1-45-4152 1-45-4295 1-45-4515 1-45-4559 1-45-4760 1-45-4980  Last Year  Current' Year Actual to  Estimated Entire Year  Account  Account# Actual 2017-2018 Budget 2018-2019 February: 2019  Wages Workers Compensation FICA& Medi Taxes Office Supplies Freight IN Utilities Permits and Fees Contractors Postage Capital Reserve Miscellanous Exp Materials & Supplies Paving Contract Services Plat &Zoning Fees TOTALS:  $75 $0 $6 $0 $110 $282 S0 $0 $26 $1,583 $0 $193 $20,770 $0 $43,948 $0 $66,993  $200 $0 $50 $0 $100 $250 $0 $10,000 $100 $1,500 $0 $1,000 $27,000 $0 $56,000 $0J $96,200  $50 $0 $4 $0 $90 $232 $0 $20,596 $0 $1,321 $0 $570 $14,510 SOJ $34,522 $O $71,894  $100 $0 $10 $0 $100 $300 $0 $20,596 $25 $1,500 $0 $750 $21,000 $0 $45,000 $0 $89,381  Advertising Community Development 1-45-4137    Town of Sawmills Annual Budget Estimates Expenditures Fiscal Year: 2019-2020 General Fund - Parks & Recreation  Budget Page: 16 Budget 2019-2020 Estimate $67,000 $1,000 $0 $35,000 $3,500 $6,000 $1,000 $1,000 $0 $500 $500 $20,000 $0j $25,000 $0 $50 $200,000 $4,000 $1,000 $10,000 $1,000) $0] $376,550  Fund1 1-46-4100 1-46-4101 1-46-4102 1-46-4103 1-46-4104 1-46-4106 1-46-4129 1-46-4130 1-46-4132 1-46-4133 1-46-4134 1-46-4135 1-46-4149 1-46-4151 1-46-4152 1-46-4225 1-46-4295 1-46-4515 1-46-4558 1-46-4760  Last Year  Current Year Actualto  Estimated Entire Year $61,000 $500 $0 $31,000 $650 $5,500 $75 $750 $6,558 $100 $480 $20,000 $0 $10,000 $0 $0 $490,000 $0 $3,500 $500 $7,500 $500 SO $638,613  Account  Account# Actual 2017-2018 Budget 2018-2019 February 2019  Wages Overtime Wages Part Time Employee Benefits Workers Compensation FICA & Medi Taxes Veteran's Memorial Engraving 1-46-4122 Veteran's Park Flood Lights 1-46-4124 Equipment: and Materials Freight IN Telephone-Cell phone Utilities Permits and Fees Repairs & Maintenance Unemplayment Benefits Non Refundable Taxes Expense 1-46-4150 Capital Outlay Capital Reserve Fuel Miscellanous Exp Materials & Supplies Water Purchases Contract Services TOTALS:  $59,548 $147 $0 $29,420 $801 $4,566 $0 $578 $0 $15 $527 $19,230 $0 $8,403 $0 $0 $0 $0 $3,034 $100 $4,193 $377 $0l $130,938  $63,000 $1,250 SO $35,000 $2,000 $6,000 $1,000 $1,000 $0 $500 $650 $20,000 $0 $25,000 $0 $50 $490,000 $0 $4,000 $3,000 $10,000 $1,000 $0 $663,450  $41,492 $291 $0 $20,297 $650 $3,197 $75 $188 $6,558 $60 $280 $11,031 $0 $4,199 $0 $0 $390,419 $0 $2,494 $0 $1,865 $349 $0 $483,446    Town of Sawmills Annual Budget Estimates- - Expenditures Fiscal Year: 2019-2020 General Fund- Operating Transfers  Budget Page: Budget 2019-2020 Estimate $0 $0 SO $0 S0  Fund1 1-00-4490 1-00-4493 1-00-4494 1-00-4495  Last Year  Current Year Actual to  Estimated Entire Year $0 $0 $0 $0! S0  Account  Account # Actual 2017-2018 Budget 2018-2019 February 2019  Operating Transfer to Water/Sewer Operating Transfer to CapitalF Projects Operating' Transfer to CDBG Operating Transfer TOTALS:  $0 $0 $0 $0 $0  $0 S0 $0 $0 $0  0 $0    Town of Sawmills Annual Budget Estimates Expenditures Fiscal Year: 2019-2020 General Fund- - Interlocal Transfer  Budget Page: 18 Budget 2079-2020 Estimate $194,000 $194,000  Fund 1  Last' Year  Current Year Actual to $194,000 $194,000  Estimated Entire Year $194,000 $194,000  Account  Account # Actual 2017-2018 Budget 2018-2019 February 2019  Interlocal Trans Caldwell County 1-20-4296  $194,000 $194,000  $194,000 $194,000  TOTALS:    Town of Sawmills Annual Budget Estimates Expense Fiscal Year: 2019-2020 Utility Fund- -Water Department  Budget Page: 19 Budget 2019-2020 Estimate $55,000 $3,000 $0 $23,000 $5,000 $5,000 $5,000 $30,000 $7,000 $500 $1,000 $1,000 $750 $5,000 $324,000 $7,500 $7,000 $0 $150 $15,000 sO $5,000 $400 $0 $8,500 $5,881 $0 $100 $5,000 $3,500 $20,000 $216,219 $10,000 $18,000 $787,500  Fund2 2-80-4100 2-80-4101 2-80-4102 2-80-4103 2-80-4104 2-80-4106 2-80-4119 2-80-4120 2-80-4129 2-80-4130 2-80-4131 2-80-4132 2-80-4133 2-80-4134 2-80-4135 2-80-4136 2-80-4138 2-80-4149 2-80-4151 2-80-4152 2-80-4170 2-80-4180 2-80-4199 2-80-4225 2-80-4275 2-80-4280 2-80-4285 2-80-4295 2-80-4515 2-80-4558 2-80-4560 2-80-4760  Last Year  Current Year Actual to  Estimated Entire Year $51,000 $3,000! $0 $15,000 $3,611 $4,500 $5,000 $10,000 $5,000 $250 $250 $1,000 $500 $3,000 $20,000 $7,000 $6,500 $0 $100 $54,659 so $5,000 $0 $0 $8,000 $5,881 $0 $30 $4,000 $1,500 $10,000 $195,000 $3,0001 $18,000 $440,781  Account Name  Account# Actual 2017-2018 Budget 2018-2019 February 2019  Wages Overtime Wages Part Time Employee Benefits Workers Compensation FICA&N Medi Taxes Professional Fee'sLegal Professional Fee's Engineer Equipment and Materials Freight IN Travel & Schools Telephone Utilities Permits and Fees Repairs & Maintenance Postago Printing Unemployment Benefits Non Refundable Taxes Expense 2-80-4150 Capital Outlay Capital Reserve Bank Service Charge Computer Expense Prior Year Expenditures Fuel Debt Service Payment-Cajah's Mtn W2-80-4270 Penalties and Interest Cash Over/Short Allowance For Bad Debt Miscellanous Exp Materials & Supplies Water Purchases Tech Support Contracted Services TOTALS:  $48,258 $2,695 $0 $11,261 $1,792 $3,741 $0 $21,150 $0 $39 $540 $633 $969 $5,258 $162,370 $6,034 $5,834 $0 $0 $5,311 $0 $4,690 $0 $0 $7,663 $5,881 $0 $42 $3,541 $3,604 $14,055 $189,106 $2,150 $13,585 $520,201  $70,000 $4,000 so $35,000 $5,000 $6,000 $5,000 $20,000 $30,000 $500 $1,000 $1,500 $1,500 $5,000 $50,000 $8,000 $10,000 $0 $709 $88,500 $100,000 $3,500 $400 $0 $7,000 $6,000 $0 $100 $5,000 $5,000 $25,000 $260,000 $5,000 $25,000 $783,709  $32,411 $1,262 $0] $13,304 $3,611 $2,576 $0 $7,945 $3,955 $195 $0 $678 $173 $2,765 $10,356 $3,631 $3,441 $0 $77 $54,659 $0 $3,166 $0 $0 $4,783 $01 $0 $30 $0 $22 $5,426 $141,984 $738 $13,489 $310,678    Town of Sawmills Annual Budget Estimates Expense Fiscal Year: 2019-2020 Utility Fund- Sewer Department  Budget Page: 20 Budget 2019-2020 Estimate $34,000 $2,000 $0 $16,000 $2,000 $4,000 $0 $5,000 $2,500 $500 $500 $2,300 $12,000 $10,000 $17,000 $0 $0 $200 $0 $0 $0 $2,000 $500 $1,500 $0] $123,750 $0 $235,750  Fund2 2-90-4100 2-90-4101 2-90-4102 2-90-4103 2-90-4104 2-90-4106 2-90-4119 2-90-4120 2-90-4129 2-90-4130 2-90-4131 2-90-4132 2-90-4133 2-90-4134 2-90-4135 2-90-4136 2-90-4149 2-90-4150 2-90-4151 2-90-4152 2-90-4199 2-90-4285 2-90-4295 2-90-4515 2-90-4760 2-90-4558 2-90-4600  Last Year  Current Year Actual to  Estimated Entire Year $32,000 $2,000 $0 $13,000 $1,204 $2,500 $0 $0 $4,000 $100 $100 $2,200 $11,000 $500 $15,000 $0! $oj $200 $27,000 $01 $0 $1,500 $100 $500] $0] $105,000 so $217,904  Account Name  Account# Actual 2017-2018 Budget 2018-2019 February 2019  Wages Overtime Wages Part1 Time Employee Benefits Workers Compensation FICA&! Medi Taxes Professlonal Fee's Legal Professional Fee's Engineer Equipment and Materials Freighti IN Travel & Schools Telephone Utilities Permits and Fees Repairs & Maintenance Postage Unemployment Benefits Non Refundable Taxes Expense Capital Outiay Capital Reserve Prior Year Expenditures Allowance For Bad Debt Miscellanous Exp Materials & Supplies Contracted Services Sewer Charges Sewer Easemenis/Row TOTALS:  $29,190 $1,724 $0 $12,021 $1,500 $2,365 $0 $36,971 $0 $385 $0 $2,124 $9,749 $180 $13,092 $200 $0 $196 $0 $86,000 $0 $904 $88 $1,315 $0 $49,627 $0 $247,632  $32,500 $2,000 $0 $13,000 $1,500 $2,500 $6,000 $10,000 $4,000 $500 $500 $2,200 $10,000 $1,000 $30,000 $0 $0 $200 $27,000 $0 $0 $2,000 $1,000 $1,500 $0 $100,000 $0 $247,400  $20,591 $626 $0 $8,285 $1,204 $1,623 $0 $0 $0 $0 $0 $968 $7,526 $390 $12,856 $0 $0 $173 $17,891 $0 $0 $0 $21 $26 $0 $65,946 $0 $138,125    AGENDA ITEM 9A  MEMO DATE: SUBJECT:  May21,2019 Discussion: Lease  Veteran's Memorial Park  Discussion:  The Town of Sawmills currently lease the property known as Veteran's) Memorial Park through an agreement with Duke Energy. There are currently twelve (12) years remaining on the current lease agreement. Duke Energy offers this agreement in order to meet its Federal Energy FERC and Duke Energy entered into a new 40-year agreement outlining Duke Energy's requirements to operate as an energy provider in 2015. Since 2015, Duke and Energy and FERC have been working to draft lease agreements that met the: new requirements. Attached is the new lease and memorandum oflease provided by Duke Energy which addresses their current FERC requirements. This new lease would with duke would be effective from the time approved until the year 2055. The new lease would allow the town to continue to operate the park as currently designed and would not change the general operations of the facilities. Additionally, by having more than 20 years on the lease, the town will become eligible for more Included in this lease is the construction ofa a walking path encircling the park property, which will be provided by and paid for by Duke Energy. This project is expected to begin in 2020-  Regulatory Commission (FERC) requirements as an energy provider.  recreation-based grants at Veteran's Memorial Park.  2021.  Recommendation:  Staffrecommends Council approve the lease as drafted extending the lease until the year 2055.    PREPARED BY: Karol P.: Mack, Deputy General Counsel, Duke Energy Corporation  Mail To: Duke Energy Corporation c/ol Kimberly Walton (DEC 45A) 550 South Tryon Street Charlotte, North Carolina 28202 STATE OF NORTH CAROLINA COUNTY OF CALDWELL  Site: 008310 Land Unit: 0060680 Project No.: 008310-459421  MEMORANDUM OF LEASE  Conley Creek Access Area  Lake Rhodhiss, FERC Catawba-Wateree Project (2232)  KNOW ALL MEN BY THESE PRESENTS, that for and in consideration of the: rents and covenants set forth in a certain Lease Agreement (the "Lease") by and between DUKE ENERGY CAROLINAS, LLC, a North Carolina limited liability company ("Lessor"), and TOWN OF SAWMILLS, ai municipality of the State of North Carolina ("Lessee"), Lessor has leased to Lessee that property located in Caldwell County, North  Carolina, hereinafter referred to as the "Leased Premises" to wit:  All that tract of land containing 67.90  acres (comprised of 63.48 acres and 4.42 acres), lying within and adjoining Lake Rhodhiss, as shown and described on that certain plat entitled "Composite Map of Conley Creek Access Area," dated 1991 & 1997, marked Project Number: The Leased Premises may be used by Lessee for the development, maintenance and operation of a The Leased Premises is part tofLessor's Catawba-Wateree Hydroelectric Project (FERC NO. 2232) (the "Project"), for which Lessor holds a license to operate (the "License") and which Project is subject to  8310, attached! hereto as Exhibit A and incorporated herein by reference.  public park and/or public recreation area.  regulatory oversight by the Federal Energy Regulatory Commission ("FERC").  The Lease shall begin on  20 (the "Effective Date"), and shall expire at the  end of the term of the License granted to Grantor by the FERC effective November 1, 2015 (including any extension periods of the License as may be granted by the FERC through annual licenses or otherwise, but not including the next new or subsequent license the FERC may issue after the expiration of the License), unless    terminated sooner pursuant to Paragraphs 28, 29 or 31 of the Lease, Lessor may terminate the Lease at any time if directed to do so by FERC or its successor agency having jurisdiction over hydroelectric reservoirs that  are subject to the Federal Power Act or ifnecessary to comply with FERC requirements.  The provisions set forth in the aforementioned Lease are hereby incorporated in this Memorandum as IN WITNESS WHEREOF, the parties hereto have duly executed this instrument under seal as of this  though stated herein.  day of  20  LESSOR:  Duke Energy Carolinas, LLC aNorth Carolina limited liability company  By: Name: EricJ J. Rouse  Title: Manager, Leasing and Property Management  STATE OF NORTH CAROLINA  COUNTY OF  Icertify that the following person personally appeared before me this day, acknowledging to me that he  signed the foregoing document: Eric J. Rouse  Date:  Notary Public Notary Name Typed/Printed  My Commission Expires: (Notary Seal)  [Signatures Continue on Following Pagel  2    LESSEE: Town of Sawmills  an municipality oft the State ofNorth Carolina  By: Print Name: Title:  STATE OF NORTH CAROLINA  COUNTY OF  Icertify that  personally appeared before me this day, acknowledging  to: me that he or she signed the foregoing Memorandum ofLease.  Date:  Notary Public Notary Name Typed/Printed  My Commission Expires: (Notary Seal) Certified by: By: Print Name:  Title: Town Clerk of Sawmills  3    PREPARED BY: Karol P. Mack, Deputy General Counsel, Dukel Energy Corporation  Site: 008310 Land Unit: 0060680 Project No: 008310-459421  STATE OF NORTH CAROLINA COUNTY OF CALDWELL  PUBLIC ACCESS AREA LEASE. AGREEMENT WITH TOWN OF SAWMILLS  Conley Creek Access Area Lake Rhodhiss, FERC Project Number 2232  THIS LEASE is made and entered into by and1 between DUKE ENERGY CAROLINAS,LLC, aNorth Carolina limited liability company ("Lessor"), and' TOWN OFSAMALISammpiy ofthe State ofNorth  Carolina ("Lessee");  WITNESSETHE  WHEREAS, Lessor holds a license ("License") from the Federal Energy Regulatory Commission ("FERC") to operate the Catawba-Wateree Hydroelectric Project, FERC Project No. 2232 ("Project"), which impounds the waters oft the Catawba River, including Lake James, Lake Rhodhiss, Lake Hickory, Lookout Shoals Lake, Lake Norman, Mountain Island Lake and Lake Wylie in] North Carolina and including Fishing Creek Lake, Cedar Creek Lake, Great Falls Lake, Lake Wateree and Lake Wylie in South Carolina, and which Project is  subject to regulatory oversight by the FERC; and  WHEREAS, Lessor owns that certain property described herein lying within and adjoining the bed of  Lake Rhodhiss (the "Lake") in Caldwell County, North Carolina, which is part oft the Project; and  WHEREAS, Lessee desires to lease a portion of said Project on the Lake for the purpose of constructing and: maintaining a public park and/or publicr recreational area, containing 67.90  acres (comprised of63.48 acres and 4.42 acres), lying within and adjoining the Lake as more particularly shown on that certain plat of survey entitled "Composite Map of Conley Creek Access Area," dated 1991 & 1997, marked Project Number: 8310, attached hereto as Exhibit A and incorporated herein by reference (the "Leased Premises"), and as described in detail on the Site Plan attached hereto as Exhibit B and incorporated herein by reference; and  Form. Revised. 9/11/2018    WHEREAS, Lessor desires to accommodate Lessee's construction, operation and maintenance of a public park and/or public recreation area provided such use does not interfere with Lessor's ability to operate and maintain the Project in accordance with its operating license, other FERC requirements, and its business  operations; and  WHEREAS, Article 411 of the License for the Project grants Lessor (as the licensee of the Project) the authority to grant permission for certain types of use and occupancy of Project lands and waters and to convey certain interests in Project lands and waters for certain types of use and occupancy as long as the proposed use and occupancy is consistent with the purposes of protecting and enhancing the scenic, recreational and  environmental values of the Project.  NOW,THEREFORE, the Lessor, for and in consideration oft the covenants and agreements hereinafter expressed to be kept and performed by Lessee, hereby leases to Lessee and Lessee hereby leases from Lessor, subject to the exceptions and reservations and upon the terms and conditions and for the purposes in this  instrument set out, the Leased Premises.  1) Term: This Lease shall begin on the  day of  20 (the "Effective Date"),  and shall expire at the end oft the term ofthel License granted to Grantor by the FERC effective November 1,2015 (including any extension periods of the License as may be granted by the FERC through annual licenses or otherwise, but not including the next new or subsequent license the FERC may issue after the expiration of the License), unless terminated sooner pursuant to Paragraphs 28, 29 or 31 ofthis Lease. Lessor may terminate this Lease at any time if directed to do sO by the FERC or its successor agency havingjurisdiction over hydroelectric reservoirs that are subject to the Federal Power Act or, ifnecessary, to comply with FERC requirements.  2) Warranties: In order to induce Lessor to enteri into this Lease, Lessee warrants and: represents that itl has authority to enter into this Lease under or by NCGS Chapter 160A, Article 19. Lessor represents that it has full and lawful authority to enter into this Lease for lands dedicated to public use by terms of the License for the  Project issued by the FERC pursuant to the Federal Power Act.  a) Disclaimer of Warranties of Condition: Lessee accepts the Leased Premises "AS IS." Lessor makes no warranties or representations as to the conditions of the Leased Premises or any improvements thereon, whether open and obvious or concealed. Lessormakes. no representation or warranty, express or implied, and will bear no responsibility as to the existing or future water  2  Form. Revised 9/11/2018    quality or quantity in Lake Rhodhiss or its tributaries, or the sufficiency or suitability of the b) Assignment of Contractor and Vendor Warranties: Lessor agrees to Lessee's rights under all assignable contractor or vendor warranties relating in any way to any building, fixture or other improvement located on the Leased Premises, as permitted by the terms and conditions of  Leased Premises for use as aj public park and or public recreation area.  contractor or vendor warranties.  3) Rent and/or Other Consideration: The consideration flowing to Lessor for this Lease is the Lesse'sassumptiono ofresponsibility. for construction, maintenance and operation of present and future recreation facilities permitted under the terms of the License. Failure by Lessee to maintain and operate the permitted facilities and the Leased Premises to the standards reasonably required by the FERC shall constitute a default under the terms of this Lease pursuant to Paragraph 28 herein. Should the FERC require additional public recreation facilities within the Leased Premises, Lessor and Lessee shall hold a meeting to discuss the  requirement. The procedures set forth in Paragraph 6, Site Plan, shall be followed.  4) Permitted Uses: The Leased Premises may be used by Lessee for the development, maintenance and operation ofa public park and/or public recreation area and for no other purpose unless itis a compatible use, such as the provision of recreation-related goods and services, which may be permitted on site when authorized in advance in writing by Lessor. Any public park and/or public recreation area may include, but is not limited to,  the following types ofarea development:  a) Public Park or Recreation Areas -  Areas that have developed recreational facilities, such as picnic tables, picnic pavilions, swimming beaches, bath houses, restrooms, campgrounds, concessions, waste pump out facilities, challenge courses, maintenance and related structures or facilities that directly support park operations and maintenance, and other related facilities or amenities; and ii) Recreation uses such as picnicking, tent camping, hiking, wildlife viewing, boating, b) Access and/or Trail Areas areas that enable water access via boat launches or piers, or land  fishing, swimming, and other related outdoor activities.  access via pedestrian, bike or horse trails.  3  Form. Revised 9/11/2018    c) Nature Preserve/Research Areas - areas that provide land for and promote the development of cooperative partnerships to enable preservation activities, conservation easements and/or  research.  5) Public Use of Facilities: Use of any and all public park and/or public recreation area facilities, including such public service/convenience facilities as restrooms, water faucets, public communications equipment, trash receptacles, etc., constructed orj placed on the Leased Premises by the Lessee will be open to use by boaters, bank fishing persons and all other public recreation users of the public recreation facilities, during the times and for the applicable fees stipulated in] ExhibitB. Lessee shall allow public boat launching at thei required public boating access areas free of charge, except where fees have been agreed upon with Lessor.  6) Site Plan: The Site Plan submitted by the Lessee for development of recreation facilities on the Leased Premises, attached hereto as Exhibit B, shall be implemented by Lessee. Any changes to the Site Plan require prior written approval of the Lessor. Additions to, modifications or removal of any facilities will require the submittal to Lessor of detailed plans, including but not limited to, construction plans and elevation drawings. Majoradditions, modifications or removal may require review by other entities and may require FERC approval, as provided in Article 411 of the License and the FERC approved Catawba-Wateree Recreation Management  Plan.  If, as part oft this Lease, Lessor approves construction ofnew facilities, such facilities must be constructed within the timelines set out in the Site Plan. Aone (1): year or other appropriate time extension may be considered ift the Lessee files a written request with Lessor atl least 60 days prior to the construction deadline for any specific facility or facilities, setting forth ther reasons why the facility or facilities will not be completed within the allotted timeframe. If an extension of time to complete construction of the facilities is granted by Lessor, additional requirements may be required ofLessee to meet revised regulations or shoreline development guidelines.  Should FERC require additional recreation facilities to be located at the Leased Premises, Lessor will contact Lessee and arrange a meeting to discuss the required additional recreation facilities. At the meeting the specifics of what facilities must be added, where the facilities can be added, an estimated cost for adding the facilities, and thet timing gofadding additional facilities should be determined. Lessor and] Lessee will then evaluate their available resources to determine how and when the required additional recreation facilities will be  4  Form. Revised 9/11/2018    constructed, and if those resources will be in dollars, 'in-kind' services or a combination thereof. Arevised Site Plan will be developed based on the results of the meeting. Once Lessor and Lessee are in agreement with the revised plan, at Lessor's option, Lessor and Lessee shall enter into ai revised lease or amendment to lease.  7) User Fees and Hours ofOperation: Lessee agrees that Lessor's employees, third party contractor employees, local law enforcement officials, local environmental and public health officials, and local emergency response crews operating in his/her official capacity will be exempt from user fees. Any proposed changes in the schedule of fees orl hours ofoperation by the Lessèe must be submitted in writing to the Lessor at least sixty( (60) days prior to proposed implementation and must be approved in writing. Contracts or leases between Lessee and third parties regarding the sale of goods or services on the Leased Premises must be submitted to Lessor at least sixty (60) days prior toj proposed implementation; and must: not be executed until Lessee receives written approval from the Lessor. Lessee agrees that user fees as well as any proceeds it collects from third party contracts or  leases associated with the Leased Premises will be used exclusively to:  a) offset Lessee's costs of operation, maintenance, and capital improvements of the Leased Premises or other public recreation facilities for which Lessee is responsible that are also within or adjoining the Project Boundary or within or adjoining a free-flowing section of the Catawba b) offset Lessee's cost of improving its own public recreation department in specific areas that benefit public recreation users of the Project or the aforementioned free-flowing section of the  River, or  Catawba River, or  Lessee agrees to submit an Annual Operational Report to assist Lessor ini its reporting on shoreline activities and  planning efforts to the FERC.  8) Joint Annual Inspection: Lessor and Lessee will perform ajoint annual physical inspection oft the Leased Premises each year for the term ofthis Lease to ensure the Leased Premises are being maintained ina asafe  manner and to the maintenance levels mutually acceptable to Lessor and Lessee.  9) Entry by Lessor: Lessor, its agents and representatives, at all reasonable times may enter the Leased Premises to examine same, and any such entry by or on behalf of Lessor shall not be or constitute an eviction, partial eviction or deprivation of any right of Lessee and shall not alter the obligations of the Lessee  5  Form. Revised 9/11/2018    hereunder or create any right in Lessee adverse to the interest oft thel Lessor. Ini the event that Lessee: is temporarily unable to operate the recreation facilities, Lessor shall have the right to enter thel Leased Premises and operate the recreation facilities until such time as Lessee is able to resume operation. Any such entry by or on behalf of Lessor for temporary operation shall not be or constitute an eviction, partial eviction or deprivation of any right ofLessee and shall not alter the obligations of the Lessee hereunder or create any right in Lessee adverse to the  interest oft the Lessor.  10) Maintenance: Lessee recognizes it has the continuing responsibility to ensure the constructed and placed facilities are maintained in good repair, including, but not limited to, maintenance of those facilities in the Site Plan and proper erosion control within the Leased Premises and along the shoreline, and agrees to take all reasonable steps necessary to meet this responsibility. Lessee is to maintain all structures and improvements within the Leased Premises in a sound condition and in neat appearance and pay all costs for said maintenance. In the event Lessee fails to properly maintain all buildings and improvements or Lessee fails to obtain budgetary appropriations for the maintenance of the Leased Premises, then Lessor may terminate this Lease and retake  possession oft the Leased Premises, as set forth in Paragraphs 28 and 29.  Lessor has entered into a Public Access Area Agreement with the North Carolina Wildlife Resources Commission, attached hereto as Exhibit D for the maintenance of certain portions of established public access areas including the Leased Premises and for the provision of additional public recreation facilities of such areas. Lessee understands and agrees that Lessee shall not have exclusive control of the Leased Premises and shall coordinate with the Lessor and the North Carolina Wildlife Resources Commission for the operation and  maintenance ofthe Leased Premises.  11) Signage: Lessor willj provide tol Lessee all information required for signage at the entrance tol boat access ramps or other signage as required by the License. Lessee shall erect the signs within 30 days ofreceipt  ofs said information and maintain the signs during the term oft this Lease.  12) Improvements: Lessee shall have the right at its own expense to make additions or modifications to those facilities and improvements existing upon the Leased Premises at the commencement of the Lease term. However, Lessee shall submit to Lessor for Lessor's review detailed plans, including but not limited to construction plans and elevation drawings of all proposed material alterations or improvements and receive the  6  Form. Revised 9/11/2018    written approval ofLessor prior to initiating work on proposed alterations or improvements. Dependent on the scope and substance of the proposed alterations or improvements, modification ofthe Site Plan may be required. Additionally, certain substantive changes may require the approval ofapplicable local, state and federal agencies prior to submittal of the request to Lessor and in certain situations the Lessor will need to submit Lessee's  application to the FERC for approval, prior to issuance of approval by Lessor.  13) Illegal and Prohibited Uses: Lessee shall not: make or permit to be made any illegal or prohibited use of the Leased Premises or any use thereof constituting a public nuisance, and shall keep the Leased Premises in ai neat and orderly manner and shall comply with all applicable building codes and health regulations and with the rules and regulations ofa any and all applicable governmental authorities. All water and sanitary sewer: facilities shall be designed, installed, constructed, maintained and operated only with the approval of the applicable governmental authority. Prohibited uses under the terms oft the Lease include but are: not limited toi the following:  a) Sale of alcoholic beverages or drugs;  b) Gambling (e.g., installation of video gaming machines that pay off, etc.);  c) Creation ori installation of firearm or shooting ranges;  d) Charging excessive fees;  e) Establishing predetermined user groups that use specific facilities; and  Excluding any user on the basis of age, sex, race, color, religion, national origin,  handicap/disablity, or familial status.  14) Fire Protection: In the event ofa fire within or threatening to the lands or facilities of any park or recreation area which is a part of this Lease, Lessee agrees to assist Lessor with the protection of the park or  recreation area against such fire.  15) Leased Premises Subject to FERC Oversight: Lessee agrees its use of the Leased Premises will comply with FERC Order No. 313, attached hereto as Exhibit C, and all regulations or directives issued by the FERC. Lessee's use of the aforesaid lands will not endanger health or safety, create a nuisance or otherwise be incompatible with the overall recreational use oft the Project. Failure byl Lessee to maintain and operate the FERC required facilities and the Leased Premises to the standards reasonably required by the FERC shall constitute a default under the terms of this Lease pursuant to Paragraph 28. If the Lessee becomes temporarily unable to operate FERC required recreation facilities, the Lessor retains the right to enter the Leased Premises and operate,  7  Form Revised. 9/11/2018    or arrange for the operation of, Project-related recreation facilities in accordance with the FERC approved Catawba-Waterce License and Recreation Management Plan. Lessee must obtain written approval from Lessor to take out of service any non-Project recreation facility, operated as part of the Access Area Improvement  Initiative, for any period oft time other than as required for routine maintenance.  16) Compliance with State, Federal and Local Laws: Lessee agrees that its use ofthel Leased Premises as herein provided shall be consistent with all applicable state, federal and local laws as well as all ordinances, rules, regulations and sanctions of any regulatory body or governmental agency (state, federal or local) having jurisdiction in the Leased Premises, and Lessee's use of the Leased Premises shall comply with all applicable Duke Energy Shoreline Management Guidelines and the Shoreline Management Plan. Upon request by Lessor, Lessee shall re-enter the Leased Premises at any time after thet termination or expiration ofthis Lease and perform such operations necessary for compliance with then applicable law, ordinances or regulations at the termination date. Lessee shall be relieved of any responsibility for compliance under this Paragraph 16 if during the Lease term Lessor causes noncompliance by changing conditions upon the Leased Premises, including but not limited  to, land use pattern, or causing or allowing any third party to do SO.  17) Protection of Environment: All necessary precautions shall be taken during construction and subsequent operation and maintenance of the facilities to protect and enhance the scenic, environmental,  recreational and cultural values of any affected lands and waters ofthe Project.  18) Archaeological Resources: Lessee shall comply with the cultural resources consultation requirements specifiedi in the Lessor'sHistoric Properties Management Plan for the Project regarding any ground- disturbing activities, inadvertent discoveries, treatment of human remains and funerary objects or significant modifications tot the leased facilities and lands. Ifanyarchaeological resources are discovered during construction or maintenance activities, such activities shall be halted and the State Historic Preservation Officer shall be contacted to determine what measures, ifany, are needed to protect or salvage the resources and the Lessor shall be notified. Written notice shall be given to Lessor and all other appropriate agencies of any such discovery and  the measures being implemented, ifa any are: required.  19) Utility Easement: Lessor for itself, successors and assigns, reserves an easement to build, construct, maintain and operate electric listribution/ransmision lines on, over, under, along and above the  8  Form. Revised 9/11/2018    Leased Premises. Lessor also reserves the right, privilege and easement to erect, construct, reconstruct, replace, maintain and use towers, poles, wires, crossarms and other appliances and fixtures for the purpose oftransmitting or distributing electric power, forl Lessor's communication purposes, and for any other purpose that is, in Lessor's sole discretion, consistent with its business operations, together with the right to keep said lines, appliances, and fixtures free of structures, trees and other objects that may endanger or interfere with same. Lessor will notify and consult with the Lessee as to the plans for the construction of any buildings or structures to be placed within  the Leased Premises, necessary to conduct Lessor's business.  20) Reservation ofUse: The right to use the Leased Premises for Project purposes (not inconsistent  with the activities and purposes of this Lease) is hereby reserved to the Lessor, its successors and assigns.  21) Reservation of Authority: No terms or conditions herein contained shall be construed as limiting or affecting in any way the authority of Lessor in connection with its exercise of proper protection and  administration of the Public Access Areas ori its License.  22) Response to Increase in Recreation Use: Lessor will in good faith, for the included lakes aforementioned ini the Project, endeavor to accommodate future increases inj public recreation use oft the lakes by arranging for the designation of lands for recreation use that are or may become available for such purposes and when such land areas are consistent with the Shoreline Management Plan and/or the operation of Lessor's  business.  23) FERC License Conflicts: This Lease is subject to the terms and conditions oft the License for the Project. In the event of any conflict between the terms and conditions oft this Lease and the terms oft the License,  itis agreed that the terms oft the License shall prevail.  24) Transfer or Assignment: The Lessee may not transfer or assign this Lease or let or sublet the  whole or any part of the Leased Premises to anyone without the prior written consent oft the Lessor.  25) Insurance by Lessee: Lessee agrees that, at its own cost and expense, it shall obtain and maintain  in: force during the term of this Lease the following insurance coverage and minimum insurance limits:  9  Form. Revised 9/11/2018    a)  Commercial General liability insurance from a reputable insurance company authorized to do business in North Carolina, providing coverage for any and all risks of liability associated with Lessee's occupancy and use of the Leased Premises and the activities authorized hereunder, with limits of at least $2,000,000 per occurrence.  b) Workers' Compensation (including U.S. Longshoremen & Harbor Workers Act) meeting c) Employers' Liability Insurance (including Maritime Employers Liability) of not less than d) Automobile Liability Insurance of not less than $1,000,000 each occurrence.  statutory limits  $1,000,000 each accident.  The Lessee must meet the following additional insurance-related requirements:  1. Insurance coverage must be from the State Insurance Reserve Fund, or where applicable and authorized, with insurance companies with a minimum A.M. Best Rating of A-VII. 2. Lessee shall deliver to Lessor certificates ofinsurance prior to the beginning of the Lease and within 30 days of each insurance renewal. The certificates ofinsurance shall list the coverages and limits, the expiration dates and terms of policies and all endorsements whether or not required by Lessor, and! listing all carriers issuing said policies. Lessor shall not be obligated to review any of Lessee's certificates of insurance, insurance policies and/or endorsements or advise the Lessee of any deficiencies in such documents, and any receipt of copies or review by Lessor shall not relieve the Lessee from or be deemed a waiver of Lessor's right to insist on strict fulfillment of the Lessee's obligations. The Lessee shall deliver a certified copy of each insurance policy including all endorsements 3. Lessee shall name Lessor as an additional insured, using Insurance Services Office, Inc. (ISO) additional insured (CG20 10) or equivalent, under all required policies of liability insurance. (Except Worker's Compensation Insurance). All policies shall include waivers of any right of subrogation of the insurers using standard ISO forms. The certificate(s) of insurance shall specifically confirm the "waiver of subrogation" and "additional insured" 4. All insurance policies shall each contain a provision that coverage will not be cancelled, not renewed or materially modified unless at least thirty (30) days' prior written notice has  upon request by Lessor.  obligations.  10  Form. Revised 9/11/2018    been given but, in any event, ifLessee becomes aware of any such cancellation, reduction in coverage or non-renewal, Lessee shall provide written notice to Lessor of such action within ten (10) days of receipt ofnotice of any such action from its carrier. All policies of insurance required shall be endorsed or shall otherwise provide that Lessee's insurançe shall be primary with respect to their own acts or omissions and not be in excess of, or contributing with, any insurance maintained by Lessor. Lessee will be responsible for their own respective deductibles, self-insured retentions, and self-insurance under its insurance 5. Should Lessee fail to provide or maintain any required insurance, Lessor shall have the right, but not the obligation, toj provide or maintain any such insurance, and to invoice the cost to theLessee whereupon] Lessee shall reimburse Lessor annuallywithin forty-five(45) 6. Upon Lessee's contracting with an entity for the purpose of constructing any facilities on the Leased Premises, Lessor shall be named as an additional insured on a policy of insurance covering the scope of such activity prior to the commencement of any activity by Lessee, its agents or contractors. All policies shall include waivers of any right of subrogation of the insurers using standard ISO forms. Any contractor or subcontractor performing work on property that is the subject of this Lease shall have in place prior to commencement of any activity and during the performance of any activity, the following  program.  days following the request for payment.  types ofinsurance and minimum coverage limits:  Commercial General Liability Coverage - $2 million per occurrence.  Workers Compensation = Within statutory limits. Employer's Liability - $1 million each accident. Automobile Liability- $1 million per occurrence.  26) Hazard Insurance: Lessee shall also, at all times during the term of this Lease, keep all improvements which are now or hereafter a part of the Leased Premises insured against loss or damage by fire and the extended coverage hazards for one hundred percent (100%) of the full replacement value of such improvements ofl like kind and quality. Any loss adjustment shall require the written consent ofboth Lessor and Lessee. In the event any improvements upon the Leased Premises shall be damaged or destroyed by fire or other casualty, then Lessee shall promptly restore same to the condition existing before such loss or damage.  11  Form. Revised 9/11/2018    27) Hazardous Materials: The following items are to be implemented by the Lessee for the Leased a) Lessee shall not bring to orl handle, store, dispense, transport or locate on or about the Leased Premises any chemical substances, oil, gasoline, other petroleum products, formaldehyde, PCBs, or any toxic, carcinogenic, radioactive or hazardous wastes, materials, substances or contaminants (known collectively "Hazardous Materials") for purposes other than construction, maintenance or repair of the recreation facilities, without Lessor's prior written authorization. Notwithstanding the foregoing, Lessee shall not bring to or handle, store, dispense, transport or locate on or about the Leased Premises any materials that contain asbestos, methylene chloride, or hexavalent chromium. For primers or coatings suspected of containing lead, Lessee shall ensure the lead content of such products or materials is no more b) While handling, transporting or storing any Hazardous Materials on or about the Leased Premises, Lessee shall act in full compliance with all applicable federal, state and local laws, c) Lessee shall give Lessor immediate written notice of any problem, spill, discharge or threatened discharge of or relating to Hazardous Materials on or about the Leased Premises, and of any private or governmental investigation relating to Hazardous Materials on or about the Leased Premises. Lessor shall have the right to participate in and approve any environmental assessment or environmental clean-up plan for the Leased Premises. Lessee, its employees, agents and contractors, shall fully cooperate with any and all federal, state and local governmental officials having jurisdiction over the Leased Premises in resolving any d) Lessee's: failure to comply strictly with the provisions and mandates ofthis Paragraph 27 shall constitute a breach of this Lease, entitling Lessor to terminate this Lease and to exercise any  Premises:  than the current Consumer Product Safety Commission threshold.  ordinances and regulations.  environmental problem.  other rights and remedies available to Lessor hereunder or otherwise.  28) Events of Default: Termination:  a) The following events shall be deemed to be events of default by Lessee under this Lease (each  singularly referred to herein as an "Event ofl Default"):  12  Form Revised 9/11/2018    IfLessee fails to comply with any term, provision or covenant of this Lease other than the payment of any sum ofmoney, and shall not cure such failure within sixty (60) days after due written notice thereof to Lessee; provided, however, if Lessor, in its sole discretion, determines that such failure cannot be cured within sixty (60) days, Lessee shall be in default under this Lease ifLessee fails to commence to cure such failure within the same sixty (60) day period or thereafter fails to act to diligently and promptly cure such failure; i) IfLessee voluntarily discontinues or voluntarily ceases to use the Leased Premises and the improvements for thej permitted use or closes its operations on the Leased Premises fora any i) If Lessee fails to satisfy the timelines established in the Site Plan or if an extension is granted by Lessor, Lessee fails to meet the extended timeline and any requirements set by Lessor as a condition of the extension, and fails to notify Lessor and follow the iv) Any other event of default as specifically addressed in the paragraphs contained herein. b) Upon the occurrence of an Event ofDefault hereunder, Lessor shall be entitled to pursue any 1) Terminate this Lease and Lessee's right of possession of the Leased Premises in which event Lessee shall immediately surrender the Leased Premises to Lessor, and if Lessee fails to do sO, Lessor may, without prejudice to any other remedy which it may have for such Event of Default, enter upon and take possession of the Leased Premises, and expel or remove Lessee and any other person or entity who may be occupying the Leased Premises or any part thereof, by force, ifnecessary, without being liable for prosecutionor I) Without having terminated this) Lease, terminate Lessee'si rightof possession ofthel Leased Premises, by force, if necessary, without being liable for prosecution of any claim for damages therefore, and perform Lessee's obligations under this Lease, and Lessee shall reimburse Lessor upon demand for any expenses which Lessor may incur in effecting compliance with the terms of the Lease and Lessor shall not be liable for any damages  or  period greater than ninety (90) days; or  requirements as set out in this Lease; or  one or more oft the following remedies without notice or demand:  any claim for damages therefore;  resulting to Lessee from such actions;  13  Form Revised 9/11/2018    ii) Bring suit for the collection of any amounts for which Lessee is then in default, or for the performance of any other covenant or lease by which Lessee is bound, with or without C) In the event Lessor elects to terminate this Lease by reason of the occurrence of an Event of Default, this Lease shall terminate and come to an end as ift that were the date originally fixed herein for the expiration of the term hereof. Notwithstanding such termination, Lessee shall be liable for and shall pay to Lessor all indebtedness accrued hereunder to the date of such d) Inc case ofany Event ofDefault or breach by Lessee, Lessee shall also bel liable for the costs of removing and storing Lessee's or any other occupant's personal property and all expenses incurred by Lessor in enforcing or defending Lessor's rights and/or remedies, including  entering into possession or terminating this Lease.  termination.  reasonable attorneys' fees.  Lessee acknowledges that, upon the termination of this Lease by Lessor upon an Event of Default or termination by the Lessee, the FERC has authority to reclassify non-Project recreation facilities permitted by this Lease (as identified on Exhibit B) as Project facilities and to require the Lessor to operate and maintain all recreation facilities. In such event, all buildings, improvements, fixtures and other items of real property shall become the property of the Lessor. At the option ofLessor, Lessee shall remove all personal property ofLessee located upon the Leased Premises. IfLessee shall not have removed its personal property within thirty (30) days of the termination or expiration of the Lease as directed by Lessor, Lessor may at its option retain and use any portion of same or remove and dispose of any portion of same without liability to Lessor and shall ber reimbursed  by Lessee for its cost thereof.  29Termination for Lack ofF Funding: Notwithstanding any other provision of this Lease, itist understood and agreed by and between the parties that in the event Lessee is unable to obtain funding by appropriation or otherwise to operate and maintain the recreational facilities herein provided beyond the end of any then-current State fiscal year and sO notifies Lessor thereof within sixty (60) days of the final approval of Lessee's appropriations for that coming fiscal year, this Lease shall be considered canceled. Such cancellation shall cause the Lease to terminate as ift that was the date originally affixed herein for the expiration of the term hereof and shall not constitute an "Event of] Default" as defined herein. Notwithstanding such cancellation, Lessee shall be liable for and shall pay to Lessor all indebtedness accrued hereunder to the date of such cancellation. Lessee  14  Form Revised 9/11/2018    agrees to utilize its best efforts throughout the term of this Lease to obtain adequate appropriations or other  funding to accomplish the purposes of this Lease.  30)Surrenderoflease The voluntary or other surrender ofthis Lease byLessee, orai mutual cancellation thereof, shall not work a merger and shall, at the option ofLessor, terminate all or any existing subleases or sub tenancies, or may at the option of Lessor, operate as an assignment to it of any or all such subleases or sub  tenancies.  31) Condemnation: If the whole or any part of the Leased Premises is taken or condemned by any competent authority for any public use or purpose, then this Lease shall automatically terminate as to the portion taken as oft the date said title shall be taken. Ifaportion oft the Leased Premises shall be taken sO as to render the remainder thereof unusable for the purposes for which the Leased Premises were leased, then this Lease shall terminate as of the date said title shall be taken. In the event that any portion of the Leased Premises shall be taken or this Lease shall be terminated as a result of a taking of the whole or a portion of the Leased Premises, Lessee shall have no claim against Lessor for the value of any unexpired portion of the Lease term. Lessor shall be entitled to the entire award given, including any special damages, except that, as to any portion of payment received by way of just compensation which is attributable to the value, if any, of any capital improvements, taken or damaged, Lessee shall be entitled to receive a pro-rata share thereof based on the percentage that its funding contribution therein bears to the total capital costs thereof. In the event that either party should disagree with the valuation given within any award to anyimprovements taken or damaged, or be unable to agree between themselves as to such value, the parties agree to arbitrate such question of valuation and to apportion their award sO as to separately set forth the contributing value, if any, of each improvement taken or damaged.  32) Severability: The provisions hereof are independent covenants and should any provision or provisions contained in this Lease be declared by a court or other tribunal of competent jurisdiction to be void, unenforceable ori illegal, then such provision or provisions shall be severable and the remaining provisions hereof  shall remain at Lessor's option in full force and effect.  33) Flooding: Lessor reserves the unlimited right to back or flood the waters of the Project, the Catawba River and its tributaries from time to time and at any and all times over and upon the Leased Premises or any portion of the same, to such extent the flooding may be necessary or convenient in connection with the  15  Form. Revised 9/11/2018    practical operation ofi its hydroelectric power plants located or tol be located in the future upon the Catawba River. Lessee agrees that any damage it may suffer as a result of such flooding shall not be claimed or charged against Lessor. Lessee hereby waives all claims against Lessor for damages resulting from floods that may occur on the  Catawba River or any tributary thereof.  34) FERC Project Restoration: Lessor shall be under no obligation to Lessee to maintain or continue to operate the Project and should said Project be damaged, destroyed or removed, the Lessor shall be under no obligation to restore or rebuild same, and Lessee hereby waives all claims against Lessor for damages to or  destruction or removal of the Project.  35) Parties Bound: The covenants and conditions herein contained shall, subject to the provisions as to assignment, transfer and subletting, apply to and bind the heirs, successors, executors, administrators and assigns of all the parties hereto; provided, however, that neither this Lease nor any provisions therein may be  assigned by Lessee except with the prior written consent oft the Lessor.  36) Survival: Provisions of this Lease for Termination (Paragraph 28) and Survival (Paragraph 36)  shall survive the termination or cancellation of this Lease and shall remain in effect.  37) Notices: Wherever in the Lease it shall be required or permitted that notice be given by either party to this Lease to the other, such notices must be in writing and must be given personally or forwarded by  certified mail addressed as follows:  ToLessor: Duke Energy Carolinas, LLC  Director - Public Safety & Recreation Strategy Planning Services Water Strategy, Hydro Licensing and Lake Services - EC12K  526 South Church Street Charlotte, NC 28202  With copy to: Duke Energy Carolinas, LLC  Attn: Real Estate, Leasing & Property Management 550 South Tryon Street, DEC: 22A Charlotte, North Carolina 28202 Attn: Christopher Todd 4076 US Highway 321-A Sawmills, North Carolina 28630  ToLessee: Town of Sawmills  16  Form. Revised 9/11/2018    and  Town of Sawmills Attn: Terry Taylor 858 2nd Street NE Suite 200 Hickory, North Carolina 28601  Such addresses may be changed from time to time by notice given hereunder.  38) Recordation: In no event shall this Lease be recorded in any Public Registry or other public records by Lessee or on Lessee's behalf. Violation ofthe provisions in the immediately preceding sentence shall entitle Lessor to terminate the lease rights granted herein. Lessor and Lessee acknowledge and agreel Lessor shall record a Memorandum of Lease in the Public Registry in the county where the Leased Premises is located, and  Lessor shall provide Lessee with a recorded-copy of said Memorandum ofI Lease.  39) Existing Lease Amended and Superseded: Beginning on the Effective Date, this Lease shall amend, restate, replace and supersede all previous leases or other agreements between Lessor and Lessee, or their respective predecessors in interest, for the use ofthe Leased Premises, and such prior leases or other agreements  are ofr no further force or effect.  (Signatures on Following Page)  17  Form. Revised 9/11/2018    IN WITNESS WHEREOF, the parties hereto have caused this instrument tol be executed by their duly  authorized officials this the day and year first above written.  LESSOR:  Duke Energy Carolinas, LLC al North Carolina limited liability company  By:  Print Name: Eric J. Rouse  Title: Manager, Leasing and Property Management  LESSEE: Town of Sawmills  amunicipality oft the State ofNorth Carolina  By: Print Name: Title: Certified by: By: Print Name:  Title: Town Clerk ofs Sawmills  18  Form. Revised 9/11/2018    DORNE Ovos SXBOM: H3LVW 2 SMOTOA "kd        FERC Order No. 313  TITLE 18 - CONSERVATION OF POWER AND WATER RESOURCES CHAPTER: I-) FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT  OF ENERGY  SUBCHAPTER, A- GENERAL RULES  PART2-GENERAL POLICY AND INTERPRETATIONS 2.7-R Recreational development at licensed projects.  The Commission will evaluate the recreational resources of all projects under Federal license or applications therefor and seek, within its authority, the ultimate development of these resources, consistent with the needs of the area to the extent that such development isi not inconsistent with the primary purpose oft thej project. Reasonable expenditures by a licensee for public recreational development pursuant to an approved plan, including the purchase ofland, will bei included as part oft the project cost. The Commission will not object to licensees and operators ofrecreational facilities within the boundaries ofa project charging reasonable fees to users of such facilities in order to help defray the cost of constructing, operating, and maintaining such facilities. The Commission expects the licensee to assume the following responsibilities: (a) To acquire in fee and include within the project boundary enough land to assure optimum development of the recreational resources afforded by the project. To the extent consistent with the other objectives oft the licensé, such lands to be acquired in: fee for recreational purposes shall include thel lands adjacent to the exterior margin of any project reservoir plus all other project Iands (b) To develop suitable public recreational facilities upon project lands and waters and to make provisions for adequate public access to such project facilities and waters and to include therein consideration oft the needs of persons with disabilities in the design and (c) To encourage and cooperate with appropriate local, State, and Federal agencies and otheri interested entities in the determination ofj public recreation needs and to cooperate in the preparation of plans to meet these needs, including those for sport fishing and (d)To encourage governmental agencies and private interests, such as operators of user- fee facilities, to assist in carrying out plans for recreation, including operation and (e) To cooperate with local, State, and Federal Government agencies in planning, providing, operating, and maintaining facilities for recreational use of public lands  specified in any approved recreational use plan for the project.  construction of such project facilities and access.  hunting.  adequate maintenance ofr recreational areas and facilities.  administered by those agencies adjacent to the project area.    (f)(1) To comply with Federal, State and local regulations for health, sanitation, and public safety, and to cooperate with law enforcement authorities ini the development of (2)To provide either by itself or through arrangement with others for: facilities to process adequately sewage, litter, and other wastes from recreation facilities including wastes from watercraft, at recreation facilities maintained and operated by the licensee or (g)' To ensure public access and recreational use of project lands and waters without (h) To inform the public of the opportunities for recreation at licensed projects, as well as ofrules governing the accessibility and use ofrecreational facilities. [Order 313, 30FR16198, Dec. 29, 1965, as amended by Order 375B, 35 FR6315, Apr. 18, 1970; Order 508, 39 FR 16338, May 8, 1974; Order 2002, 68FR51115, Aug. 25,  additional necessary regulations for such purposes.  its concessionaires.  regard to race, color, sex, religious creed or national origin.  2003]    STATE OF NORTH CAROLINA COUNTIES OF ALEXANDER, BURKE, CALDWELL, CATAWBA, GASTON, IREDELL, LINCOLN, MCDOWELL. AND MECKLENBURG  1 ) )  DUKE ENERGY CATAWBA- WATEREB PUBLIC ACCESS AREA AGRBEMENT  NORTH CAROLINA WILDLIFE RESOURCES COMMISSION DUKE. ENERGY CATAWBA-WATEREE FERCHYDROELECTRICPROJECT THIS PUBLIC ACCESS AREAS AGREEMENT (this "Agreement") is made this day of 2008, between DUKE ENERGY CAROLINAS, LLC, a North Carolina limited liability company (hereinafter referred to as "Grantor"), and the NORTH CAROLINA WILDLIFE RESOURCES COMMISSION (NCWRC), an Agency of the State of North Carolina (hereinafter referred to as "Grantee") and which may be  referred to individually or collectively as' "Party" or "Parties";  WITNESSETHE  WHEREAS, Grantor has been licensed by the Federal Energy Regulatory Commission (FERC), to operate the Catawba-Wateree Project (License Number 2232), which impounds the waters of the Catawba River, including Lake James, Lake Rhodhiss, Lake Hickory, Lookout Shoals Lake, Lake Norman, Mountain Island Lake and Lake Wylie in North Carolina; and, which may be referred to individually or collectively as the "Project" or "Projects;" WHEREAS, Grantor has entered into a Comprehensive Relicensing Agreement with the signatory stakeholders dated October 20, 2006, which provides the terms, conditions, and limitations specific to resolution of all of the material matters at issuei in the FERC relicensing of the Catawba-Wateree Project; and, WHEREAS, Grantor's existing license to operate the Project will expire on August 31, 2008, and Grantor isi in the process of seeking a new license from the FERC authorizing Grantor to continue operation of the Project WHEREAS, Grantor owns, leases, or has a current operational agreement with the owner of the tracts of land, referred to as "Public Access Areas" (hereinafter referred to as "Public Access Areas"), more specifically described on Exhibit A attached hereto, adjacent to the Project waters and rivers which provide access for public WHEREAS, Grantor desires to lease portions of thel Public Access Areas that it owns or leases to state and local governmental agencies, commercial vendors or other interested parties, through its "Access Area Improvement Initiative", which is designed to ensure the development and maintenance of a variety of high quality recreational WHEREAS, Grantee agrees to: (1) enforce the laws and regulations of the State of North Carolina within its subject matter jurisdiction on the Public Access Areas; and (2) maintain those portions of the Public Access Areas designated by Grantor, in coordination with Grantee, including those portions of Public Access Areas that have been or may be leasedi in the future by Grantor to another entity, so long as the Public Access Areas continue to  and,  for an additional term (the "New License"); and,  recreation; and,  opportunities for the general public;  be open to the public; and,  WHEREAS, the terms of this Agreement shall be binding upon and inure to the benefit of Grantor and  Grantee and their respective successors and assigns.  NOW, THEREFORE, in consideration of the premises and the mutual covenants herein, the Parties agree as  follows:  NC Wildlife Resource Commission Access Area Agreement  May 30, 2008  Page 1    1. Term: This Agreement shall become effective on July 1", 2008 and shall expire at the end of the term of the New License, including any extension periods of the New License as may be granted by the FERC through annual Licenses or otherwise, but not including the next new subsequent license that the FERC may issue after the expiration of thel New License unless terminated sooner pursuant to Paragraph 5 of this Agreement. This Agreement may bei renewed ift the Parties mutually agree, but neither Party shall not be obligated to renew. 2. Previous Agreements: Except for "authorization to act as agent" agreements between Grantor and Grantee, this Agreement replaces and supersedes any and all prior agreements between Grantor and Grantee for maintenance and enforcement activities on any of the Public Access Areas for the Projects, and such prior 3, FERC License Conflicts: This Agreement is subject to the terms and conditions of the licenses issued by the FERC for the Project. In the event of any conflict between the terms and conditions of this Agreement and the Project license, it is agreed that the terms of the applicable Project license shall prevail. In addition, in the event of any conflict between thet terms and conditions of this Agreement and the Catawba-Wateree Comprehensive Relicensing Agreement, itis agreed that the terms of the Comprehensive Relicensing Agreement shall prevail. 4. Amendments: Amendments to this Agreement may be proposed by either Party upon thirty (30) days written notice to the other. Such amendments, when agreed to by both Parties, shall become effective on the 5. Termination: This Agreement or any part thereof may be terminated by either Party upon one hundred and twenty (120) days written notice to the other. Grantor may also terminate this Agreement at any time if directed to do sO by the FERC or its successor agency having jurisdiction over hydroelectric reservoirs which are subject to the Federal Power Act. Upon termination or expiration of this Agreement, Grantee shall have the right to remove its personal property and any and all buildings, apparatus and materials supplied by it for the purpose of this Agreement for aj period of one hundred and eighty (180) days. If Grantee does not remove such items within this period, such items shall become the property of the Grantor.  Agreement(s) shall be of no further force or effect.  date such Amendment is last signed by the Parties hereto.  6. Public Access Facilities: Grantor will provide public access facilities where such facilities are 7. Changes to Public Access Areas: Grantor reserves the right to move, alter or change thel location, boundaries or layout of any Public Access Area or private road access to any Public Access Area, wherever and whenever it shall become necessary, in order to insure full public utilization of the area or to prevent any noxious or offensive use of any area, or whenever the land then occupied by such Public Access Area or road is necessary to the operations of Grantor. In the event the relocation of any Public Access Area becomes necessary, Grantor will provide a minimum of 30 days notice to Grantee and will attempt to relocate the affected Public Access Area on land owned or leased by Grantor and at al location satisfactory to the Grantee. Subject to approval by the FERC and consistent with the Catawba-Wateree Comprehensive Relicensing Agreement, Grantor may add, remove or close all or any portion of any Public Access Area, at any time, after providing a minimum of 30 days notice of the proposed 8. Leases of Portions of the Public Access Areas: Grantor reserves the right to lease or sublease portions of the Public Access Areas to state or local agencies, third parties, or individuals for the provision of additional public recreation facilities, and the terms of this Agreement shall be incorporated into the lease or 9. Notice of Changes to Design or Operation: Grantor will provide written notice to Grantee of all new orders issued by the FERC that may impact the existing or future design and/or use of the Public Access Areas. 10. Response to Increase in Recreation Use: Grantor will in good faith endeavor to accommodate future increases in public recreation demand on any or all of the Projects consistent with the provisions of the Catawba-Wateree Comprehensive Relicensing Agreement and the operation of Grantor's business.  indicated on Exhibit A, for the duration of this Agreement.  action to Grantee.  sublease for said portions of the Public Access Area, subject to the approval of all parties.  NC Wildlife Resource Commission Access Area Agreement  May 30, 2008  Page 2    11. Compensation for Maintenance: Grantor agrees to pay Grantee $210,000 per year, as adjusted annually per Paragraph 4 to update Exhibit A as new Public Access Areas or amenities are provided, and as adjusted annually per Paragraph 14, to maintain the Public Access Areas which are the subject of this Agreement 12. Cost-Share Funding for Capital Improvement: Grantee agrees to provide up to $210,000 per year toward capital improvements, major repairs or replacement (see Paragraph 16) for the Public Access Areas, provided that Grantee has sufficient funds and matching funds are available to Grantee on a"50-50" matching basis. Any portion of Grantee's cost-share funding that was available in a given year but was not utilized will not accumulate for potential use at a later date. Matching funds may come from numerous sources, including but not limited to (1) Grantor, (2) a state, local, or other non-federal governmental agency, (3) a third party lessee, or (4) donation from an individual or organization. That portion of the funding provided for capital improvements to match Grantee's funds may only be utilized for improvements that directly benefit boating access users or public fishing area users. The annual cost-share amount can exceed $210,000 if the Grantee has additional funds available for improvements to the Public. Access Areas. Further, to insure Grantee retains the potential to utilize "U.S. Fish and Wildlife Sportfish Restoration Funds", the source of matching funds shall not be ai federal government source. All capital improvements constructed with these matching funds that are located within the physical boundaries of the portion of the Public Access Area maintained by Grantee must remain accessible and free of charge to boating access facility users and public fishing area users for the duration of this Agreement, except as provided for in Paragraph: 30. The Grantee's contribution towards capital improvements, (which may include materials and/or labor in lieu of dollars), will be described in detail in an annual report which must be submitted to Grantor prior to the Annual Coordination Meeting (see Paragraph 26). If Grantee's contribution will be in materials and/or labor, such 13. Additional Services: In the event that Grantor requests in writing that the Grantee perform services or provide products over, above, and beyond the basic services described in this agreement, then the Grantee may be paid for such additional services as herein provided. Additional services, for which additional compensation may be allowed, must first be agreed upon by both parties in writing and will be billed by Grantee to 14. Adjustment for Inflation /Deflation: Unless otherwise indicated in this Agreement, all costs or payment amounts. in this Agreement that are specified in dollars shall remain in effect until January 1,2009 at which time these dollar amounts shall be adjusted on an annual basis starting on January 1, 2009 and January 1 of each  ("Maintenance Fee").  activities may not] proceed until approved by Grantor.  Grantor as "Additional Services".  following year according to the following formula: AD=( (Dx( (NGDP))/IGDP Where:  AD: = Adjusted dollar amount as of January 1 of the year in which the adjustment is made (or, in the case of  the first adjustment, 2009). D=Dollar amount prior to adjustment. adjustment, 2008). first adjustment, 2007).  NGDP = GDP-IPD for the third quarter of the year before the adjustment date (or, in the case of the first IGDP: = GDP-IPD for the third quarter of the year before the previous adjustment date (or, in the case of the "GDP-IPD" is the value published for the Gross Domestic Product Implicit Price Deflator by the U.S. Department of Commerce, Bureau of Economic Analysis in the publication "Survey of Current Business" (being on the basis of 2000: = 100), in the third month following the end of the applicable quarter. If that index ceases to be published, any reasonably equivalent index published by the Bureau of Economic Analysis may be substituted. If the base year for GDP-IPDis changed or ifj publication of thei index is discontinued, the Licensee shall promptly make adjustments or,  NC Wildlife Resource Commission Access Area Agreement  May 30, 2008  Page 3    ifr necessary, select an appropriate alternative index to achieve the same economic effect. Adjusted amounts will be 15. No Commitment of Government Funds: Nothing in this Agreement shall be construed as obligating Grantee to expend in any fiscal year any sum in excess of appropriations made by Congress or the North Carolina legislature or administratively allocated for the purpose of this Agreement for the fiscal year or to involve Grantee in any contract or obligations for the future expenditure of money in excess of such appropriations or allocations nor shall it be construed to require the transfer or use of any government lands or other resources  rounded to the nearest whole dollar.  (including personnel) except as authorized by law.  16. Maintenance: Grantee shall provide routine maintenance and repairs at all the Public Access repaired on an as needed basis to ensure that a good quality surface and drainage are maintained. Repairs may include, but are not limited to: repairing asphalt and maintaining gravel drives clear of ruts by grading and/or adding stone, keeping side ditches, water bars and culverts clear of water flowi impediments, painting lines, and b. Parking Lots and Turnarounds: Parking lots and turnarounds are to be maintained in a safe condition and repaired on an as needed basis to ensure good drainage. Repairs may include, but are not limited to: repairing asphalt, repainting faded lines and letters, painting new lines and letters, repairing curbing, applying asphalt sealer, maintaining gravel areas clear of ruts, ensuring proper drainage by grading and/or C. Courtesy Docks and Fishing Piers/Platforms: Courtesy docks and fishing piers/platforms are to ber maintained in a safe condition andi repaired as needed to ensure user safety. Repairs may inçlude, but are not limited to: replacing broken or defective parts, replacing broken or loose pilings, replacing defective floats, insuring dock sections remain attached to each other, maintaining stone level around dock abutments and ramps, insuring nails and fastening devices are flush with dock surfaces, ensuring reflectors and boat bumpers d. Boat Launch Ramps: Boat launch ramps are tol be maintained in a safe condition and repaired as needed to ensure user safety. Repairs may include, but are not limited to: removal of debris and silt or any items that could hinder boat launching, maintaining stone at as sufficient level along edges and ends of ramps to e. Drainage Control Devices: Drainage control devices provided to eliminate or minimize erosion problems are to! be maintained. in a safe condition andi repaired as needed to ensure good drainage. Repairs may include, but are not limited to: correcting erosion problems and keeping drainage ditches and culverts clear of f. Access Area Shoreline: The entire shoreline of all Pubic Access Areas is to be maintained in a safe condition and repaired as needed to ensure safety of recreation users and to maintain effective erosion control. Repairs may include, but are not limited to: maintaining or adding erosion control materials and removing brush or trees that threaten to displace erosion control materials or threaten the integrity of the bank. Maintenance and construction activities along the shoreline will comply with the FERC-approved Shoreline Management Plan and Guidelines. All such activities will be designed and carried out such that the g. Dead or Diseased Tree Removal: All dead or diseased trees or fallen tree and limbs that impact or could impact the use or maintenance of the Public Access Areas are to be removed in a timely manner. In accordance with the Shoreline Management Plan and Guidelines, the trees should be added to the lake or  Areas, including but not limited to, those items specified in 'a' through 'p' below.  Entrance Road: Entrance roads are to be maintained in a safe, open, and clear condition and  repairing guardrails.  adding stone, and keeping all areas clear ofdebris, weeds, trees, and grass.  remain ins sound condition, and maintaining handrails free of any rough or sharp areas.  ensure safety, and repairing any holes ini ramps.  all debris, trees, and other drainage impediments.  environmental resources of the: shoreline are protected.  shoreline toj provide fish and wildlife habitat.  NC Wildlife Resource Commission Access Area Agreement  May 30, 2008  Page 4    h. Tree Maintenance: Ensure that all trees bordering parking areas, roads and/or walkways do not block driver vision,; do noti interfere with the: movement of pedestrians, vehicles, and boats; and do not impede mowing and maintenance oft the Public Access Area. Trees that may block vision or interfere with vehicle and boat movement or that have dead limbs that could injure recreation users ift they fall willl be promptly removed from the site. In accordance with the Shoreline Management Plan and Guidelines, the trees should be added to sanitary condition and must be' sized to adequately handle the volume of debris normally disposed of in the area. All trashi receptacles should be emptied on apredetermined schedule so that the accumulation of trash and refuse generated by regular and customary use of the Public. Access Area does not present a safety or health hazard. Heavily used Public Access Areas may require more frequent trash removal and frequency of trash removal may need to be increased during peak recreation seasons. All refuse and trash scattered around the Public Access Areas should be removed as often as needed to ensure a safe and hazard free area. needed throughout the Public Access Areas and should be maintained in a safe, environmentally sound, and aesthetically pleasing condition. Mulch and/or grass areas should be maintained at a height of not less than three (3)i inches and not more than eight (8) inches. Where appropriate, native plants and grasses may be used as ground cover as an altemative tot turf grass. Such areas would be allowed to exceed the height specifications. All refuse and trash should be removed from the grounds before mowing. Turf grass is to be mowed to the ditch or tree line along roadways, to the treel line around parking lots and to the tree linei in open areas. Mowing an additional four (4) feet (or one mower width of at least three [31 feet) on the opposite side of the ditch line should be done in May, August and November or whenever appropriate to maintain sufficient water flow k. Use of Herbicides: Environmentally acceptable herbicides approved by the Environmental Protection Agency and/or the North Carolina Department of Agriculture may be utilized in Public Access Areas as needed to control unwanted vegetation in driveways, parking lots, turnaround areas, designated foot paths, stabilized shoreline areas and on boat launch ramps, Except in areas that may be designated as "Do Not Spray". Herbicide may be applied to the first 6 (six) inches of grass around the edges of the parking lots, turnarounds and roads and around signposts, trash can pads, light polès and culverts and other structures to Useof Fertilizer: Use of fertilizer is permitted on a seasonal basis as needed. Grassed portions of Public Access Areas should be fertilized twice per year or at the times recommended and with the type of fertilizer recommended by the manufacturer for the type and location of material being treated. m. Use of Grass Seed: The timing of, preparation for, and application of grass seed will be dependent on the mahaurirommenaton for the type of seed being applied. n. Signage: All signage provided by the Grantee must be approved by both parties prior to installation and may be submitted in electronic mail or letter with the correct spelling of the text, translation if other than English and a description of the sign. All signs must be maintained in safe and readable form. 0. Lighting and UlilityLines: All lighting will be shielded and otherwise designed to minimize any negative impacts toi fish and wildlife resources to the maximum extent feasible. All lighting willl bei installed by Grantor in conformance with current building and electrical code requirements. Grantee shall assume all post- installation costs associated with any lighting and its maintenance, including but not limited to, payment of power bills. To the maximum extent practicable, new or modified utility lines and/or boating facilities should be designed so that overhead utility lines do not cross boat access roads, parking lots, turn-around. areas, or boat launch ramps. Any overhead utility lines that have no other practical alternative to being located within the areas defined above, must be designed with the height clearances required by the then current National Electric Safety Code or any other applicable electrical safety codes, whichever is the most restrictive and provides for  the lake tol provide fish and wildlife habitat.  Trash Removal: Trash receptacles placed in Public Access Areas will be maintained in a safe and  Grass and Ground Cover: Ground cover, such as shrubs, grass, or mulch, will be provided as  through the ditch and control woody vegetation.  minimize the amount of trimming needed.  the greatest height.  NC Wildlife Resource Commission Access Area Agreement  May 30, 2008  Page 5    P. SanitaryFacilities Pump-and-Haul toilets willl bei installed by Grantor at) Public Access. Areas as designated onl Exhibit A. Grantor shall assume all post-installation costs associated with Pump-and-Haul toilets and their maintenance, including but not limited to periodic pumping as needed. Grantee shall assume all installation costs and shall assume all post-installation costs associated with any portable sanitary facilities and their maintenance, including but not limited to periodic pumping as needed. Atl Public. Access Areas where the Grantor arranges for the construction of conventional sanitary facilities (building, toilets, sinks, water system and septic system) the Grantor shall assume all post-installation costs associated with the çonventional sanitary 17. Major Repair or Replacement Costs: When major "non-routine" repairs or replacement of any facilities becomes necessary, Grantor and Grantee will consult to identify the resources necessary to make such repairs, and then determine the availability of the necessary resources and/or funding including the cost-share funding as defined in Paragraph 12. Approval by both Parties will be required prior to work being initiated. Major repairs may include, but are not limited to repair or replacement of docks, piers, boat launch: ramps, access roads, or 18. Improvements: Grantee shall have the right, at its own expense, to make additions or modifications to facilities at the Public Access Areas, to change operating hours of such facilities, and to implement or modify user fees consistent with the purpose of the Public Access Areas. However, Grantee shall submit such requests in writing to Grantor and shall receive written approval from Grantor prior to initiating any construction or equipment mobilization or instituting changes to the hours or user fees at the Public Access Areas. Additions to or modifications of any facilities will require the submittal of detailed plans, including but not limited to, construction plans and elevation drawings. Major additions or modifications may require the approval of applicable local, state, and federal agencies prior to submittal of the request to Grantor. In certain situations, Grantor will need to submit Grantee's written request to the FERC for approval, prior to issuance of approval by Grantor. All proposals by the Grantee to construct improvements at the Public Access Areas must include, among other things, descriptions of how the proposed improvements (a) comply with the requirements of the Americans with Disabilities Act and (b) use reasonable best efforts to implement Low Impact Development practices for storm water management. 19. Protection of Environment: Grantee shall take all required precautions during the Grantee's construction, modification, operation and maintenance of facilities at the Public Access Areas to protect and enhance 20. Cultural Resources: If any cultural resources are discovered during the Grantee's construction, modification or maintenance of facilities at the Public Access Areas, the construction, modification or maintenance work shall be halted, and Grantee shall contact the State Historic Preservation Officer and Grantor to determine what measures, if any, are required to protect or recover the resources. Written notice shall be given by Grantee to Grantor and all other appropriate agencies informing them of any such discovery and identifying the protective or 21. Wildlife Protection Access: Grantee, its agents and assigns, shall have the right of ingress and egress upon all of the Public Access Areas at any and all times for the protection and propagation of fish and 22. Law Enforcement: Grantee shall enforce the laws and regulations of the State of North Carolina 23. Fire Protection: In the event ofa fire within or threatening to the lands or facilities of any of the 24. Transfer or Assignment: Grantee shall not transfer or assign this Agreement to any other party or 25. User Fees: Grantee may charge user fees at the Public Access Areas only under the following  facilities.  parking Iots.  the environmental values of affected lands and waters of the Project.  recovery measures being implemented, if any are required.  wildlife.  within its subject matter jurisdiction, on all portions of the Public Access Areas. Public Access Areas, Grantee agrees to: assist Grantor with fire protection.  entity. conditions:  NC Wildlife Resource Commission Access Area Agreement  May 30, 2008  Page 6    a. Lawful Authority: Grantee must be given Authority by the North Carolina General Assembly to promulgate rules allowing Grantee to impose user fees at areas managed by Grantee prior to the imposition of any fee. As of the date of the execution of this agreement, Grantee does not have such b. Review Process: Should Grantee receive authority to impose user fees as described in subparagraph a., Grantee shall provide Grantor a copy of the proposed administrative rule imposing ai fee schedule at least sixty (60) days prior to initiation of the public hearing process. Such proposed rule shall describe how the fees will be collected and how the proceeds will be distributed and utilized. Grantor agrees not to propose any rule that would not utilize proceeds from user fees for site improvements or other C. Prior Written Approval Required: Rulemaking may not be initiated until Grantor has provided written approval, Once approval has been given and rulemaking has been initiated, Grantor shall accept any rulei ini its final form as adopted by Grantee that does not impose an overall higher fee than that d. Review of User Fees: User fees established for the Public Access Areas must be a reasonable and customary amount and are subject to review and approval by the FERC to ensure Project license e, Exemptions from User Fees: Grantor's employees, Grantee's employees, third party lessee's employees, local law enforcement officials, local environment and public health officials, and local emergency response crews, or any other official representing the Grantor, Grantee or a governmental entity that require access to the facilities while operating in his/her official capacity must be exempt from user 26. Coordination Meeting and Reporting: Each Party will prepare a report during the first quarter of each calendar year that summarizes expenditures and accomplishments during the previous calendar year. Subsequent to the report preparation, Grantor and Grantee will meet to discuss and coordinate development plans and schedules for mprovements to the Public Access Areas or any proposed leases to third parties. Additionally, the Parties will assess the overall performance of this Agreement and adjust it as necessary based on experience and any new information or changes to the FERC Licenses, Shoreline Management Plan and recreation plans for the Project. Decisions must be acceptable tol both Grantor and Grantee in order to be implemented. 27. Joint Inspection: Grantor and Grantee will perform an annual joint physical inspection of each of the Public Access Areas to insure the Public Access Areas are being maintained in a safe manner and to the leveis 28. Signage: Grantor and Grantee will work together to develop all information required for signage at the entrance of each Public Access Area, as set forth in the Project License or Catawba-Wateree Comprehensive Agreement. All signs shall be consistent with the National Water Safety Congress and FERC Public Safety Guidelines and will include international signage symbols where appropriate. Grantor and Grantee will erect and 29. Temporary Closures: If, in the opinion of either Grantor or Grantee, it becomes necessary to temporarily close any Public Access Area or any portion thereof (e.g. ifa lake level is too low to safely use the access area, if a boat ramp has failed, or for any other reason), Grantor or Grantee will provide written notice through electronic mail or by letter to the other party of such condition, and the Parties will jointly determine the 30. Public Use of Facilities: Grantee shall allow any recreational user of any leased portion of the Public Access Areas to cross and use the portion of the Public Access Area under the control of Grantee, for the purpose of viewing the lake or river or any other lawful recreation activity, so long as it does not interfere with the  authority.  enhancements to the Public Access Areas.  which was initially proposed.  compliance.  fees.  mutually acceptable to Grantor and Grantee.  maintain all signage specific to each party's purpose and directives.  appropriate course of action, including methods for closure, and public notification.  intended uses oft the access area. NC Wildlife Resource Commission Access Area Agreement  May 30, 2008  Page 7    31. Bank Fishing: The Parties shall ensure that the shoreline of alll Public Access Areas remains open for bank fishing for the term of this Agreement, except for those minimal shoreline areas where bank fishing is restricted for safety: reasons, management problems or to avoid conflicts with other Public Access Area users. The Grantee, in consultation with Grantor, shall designate with appropriate signage those portions of shoreline at the 32. EntrybyLessees: Lessees, their agents and representatives, who lease or sublease aj portion of the Public Access Areas as provided in Paragraph 8 above, may at all: reasonable times enter, cross and use the portion of the Public Access Areas maintained by the Grantee, for the purpose of installing and maintaining utility lines, roads and trails consistent with the previously approved facilities improvement plan for thel Public Access Areas. 33. Reservation of Use: Grantor reserves for itself, subsequent FERC project licensees, and its successors and assigns, the right to temporarily use the Public Access Areas for Project purposes and for any other purpose consistent with Grantor's business operations. If such future change in use of the Public Access Areas eliminates or otherwise limits the full public use of the area, Grantor will replace the lost site or function elsewhere 34. Reservation of Authority: No terms or conditions herein contained shall be construed as limiting or affecting in any way the authority of Grantor in connection with its exercise of proper protection and 35. Utility Easement: Grantor reserves an easement to build, construct, maintain and operate electric distribation/ransmision lines on, over, under, along and above the Public Access Areas. Grantor also reserves the right, privilege and easement to erect, construct, reconstruct, replace, maintain and use towers, poles, wires, crossarms and other appliançes and fixtures for the purpose of transmitting or distributing electric power, for said Grantor's communication purposes, and for any other purpose that is, in Grantor's sole discretion, consistent with Grantor's business operations, together with the right to keep said lines, appliances, and fixtures free of structures, 36. Flooding and Drawdown: Grantor reserves the unlimited right to back, flood or drawdown the waters or tributaries of the Project, from time to time and at any and all times, over and upon the Public Access Areas or any portion of the same, to such extent the flooding or drawdown may be necessary or convenient in connection with the practical operation ofi its hydroelectric power plants located or to be located in the future on the Catawba-Wateree chain and to the extent such flooding or drawdown is consistent with Grantor's obligations under its FERC licenses, other applicable easements and agreements, and applicable law. Grantee agrees that any damage 37. FERC Project Restoration: Except as provided for by the Catawba-Wateree Comprehensive Relicensing Agreement, Grantor shall be under no obligation to Grantee to maintain or continue to operate the Projects and should said Project be damaged, destroyed or removed, Grantor shall be under no obligation to restore or rebuild same. Grantee hereby waives all claims against Grantor for damages to or destruction or removal of said 38. Compliance with Federal, State and Local Laws: Grantee agrees that its use of the Public Access Areas as herein provided willl be consistent with all FERC orders and regulations regarding recreation opportunities and development at FERC licensed hydro projects. Grantee agrees that its use of the Public Access Areas as herein provided will be consistent with all other applicable state, federal and local laws as well as all ordinances, rules, regulations and sanctions of any regulatory body or governmental agency (state, federal or local) having jurisdiction in the subject premises. Grantee's use of the aforesaid subject premises shall comply with all applicable Duke Energy Lake Services requirements and will not endanger health or safety, create a nuisance or otherwise be 39. Indemnity: Grantee, to the extent allowed by applicable North Carolina (State) law, specifically as may be authorized by the General Statutes of North Carolina, Article 31, Chapter 143-291, entitled "Tort Claims Against State Departments and Agencies", covenants to indemnify and save harmless Grantor from and against any and all claims, liability, loss or damage, arising from any conduct, work or thing done under the terms of this  Public. Access. Areas where bank fishing is prohibited.  within thel Project or at another appropriate site.  administration of the Public Access Areas or the Project.  trees and other objects that may endanger ori interfere with same.  iti may suffer as a result of suchi flooding shall not be claimed or charged against Grantor.  Project.  incompatible with the overall recreation use of the Projects.  NC Wildlife Resource Commission Access Area Agreement  May 30, ,2008  Page 8    Agreement, to include injury or damage to any person or persons, including Grantor, or to the property of any person, or persons or corporations occurring on or within the Public Access Areas which are the subject of this Agreement, as the result of any activity of Grantee, its agents, employees, or any other person or entity under the direction of the Grantee, and for any protection, mitigation and enhancement measures or activities required by FERC or its suçcessor agency in connection with the activities conducted by Grantee hereunder. Upon the State contracting with an entity for the purpose of constructing any facilities on the Public Access Areas that are the subject of this Agreement, Grantor shall be named as an insured or an additional insured on a policy of insurance covering thes scope ofs such activity prior to the commencement of any activity by the State, its agents or contractors. Any contractor or subcontractor performing work on property that is the subject of this Agreement shall have in place prior to commencement of any activity and during the performance of any activity, the following types of  insurance and coverage limits:  General Liability Coverage -1 Two million dollars per occurrence. Auto Liability one million dollars per occurrence. Workers Compensation within statutory limits. Employer'sLiablity: = fivel hundred thousand dollars each accident. Contractor's) Pollution Liability Coverage - one million dollars per occurrence.  40. Limitation of Liability: Grantor and Grantee agree and warrant that any and all work performed within the Public Access Areas will be performed with professional thoroughness and using acceptable standard business practices. Grantor's total cumulative liability to Grantee for claims of any kind whether based on contract, tort (including negligence and strict liability and excluding willful misconduct), under any warranty or otherwise, for any loss or damage relating to this Agreement, shall in no case exceed the cost of completing the work in accordance with acceptable business practice, and Grantee releases Grantor from all further liability in excess of this amount for any work performed under this Agreement. Grantee further releases Grantor from any and all liability resulting from any injury of any employee of Grantee or anyone performing any service at the direction of Grantee on the Grantee's total cumulative liability to Grantor for claims of any kind whether based on contract, tort (including negligence and strict liability and excluding willful misconduct), under any warranty or otherwise, for any loss or damage relating to this Agreement, shall in no case exceed the cost of completing the work in accordance with acceptable business practice, and Grantor releases Grantee from all further liability in excess of this amount for any work performed under this Agreement. Grantor further releases Grantee from any and all liability resulting from any injury of any employce of Grantor or anyone performing any service at the direction of Grantor on the Neither Party shall be liable, whether based on contract, tort (including negligence and strict liability), under any services or work performed relating to this Agreement, for any consequential, indirect, special, or incidental loss or damage, any damage (except to the extent damage resulted from willful misconduct) to or loss of This limitation of, or protection against liability shall also protect directors, officers, employees, agents, consultants, suppliers, subcontractors, and affiliated entities and their directors, officers, employees, agents, consultants, suppliers, subcontractors, parents, subsidiaries and affiliates of the Grantor or Grantee and shall apply regardless of the fault (excluding willful misconduct), negligence or strict! liability of the respective party.  Public. Access Areas, excluding any acts of willful misconduct by the Grantor.  Public. Access Areas, excluding any acts of willful misconduct by the Grantee.  any property or equipment.  The limitation of liability in this provision shall apply notwithstanding any other provision of this 41. Non-warranty: Grantor makes no representation or warranty, express ori implied, and will bear no responsibility as to the existing or future water quality or quantity in the lakes and rivers associated with the Project or the sufficiency or suitability of the Public Access Areas for use as a public park and/or public recreation site.  Agreement.  NC Wildlife Resource Commission Access Area Agreement  May 30, 2008  Page 9    42. Survival: Provisions of this Agreement for Termination (Paragraph 5), Limitation of Liability (Paragraph 40), Survival (Paragraph 42) and Indemnity (Paragraph 39) shall survive the termination or cancellation 43. Recovery of Fees and Costs: If any action is taken by either Party to enforce any provision, covenant or agreement contained in this Agreement or if either Party is required to retain an attorney to enforce any provision, covenant or agreement contained in this Agreement (including, without limitation, the removal of an encroachment constructed by Grantee on the Public Access Areas in violation of this Agreement), then the aggrieved Party shall be entitled to: recover from the other Party all aggrieved Party's reasonable costs, including but not limited to attorneys' fees and court costs inçurred: in such action and/or enforcement. In the occurrence of same, Grantee shall be entitled to recover from Grantor all of Grantee's reasonable costs, including but not limited to 44. Severability of Terms: Unless provided otherwise in this Agreement, should any term of this Agreement or part thereof be held under any circumstances in any. jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of any other term of this Agreement or 45. Notices: Wherever in this Agreement it shall be required or permitted that notice be given by either Party to this Agreement to the other, such notices must be in writing and must be given personally, provided  ofthis Agreement and shall remain ine effect.  attorneys' fees and court costs incurred in such action and/or enforcement,  other part of such term.  by e-mail, or forwarded by certified mail addressed as follows: To Grantor: Duke Energy Carolinas, LLC  Attn: Lake Services EC12Q P.O. Box 1006 Charlotte, NC28201-1006 Division of Engineering Services Attn: Division Chief 1720 Mail Service Center Raleigh, NC27699-1720  To Grantee: North Carolina Wildlife Resources Commission  NC Wildlife Resource Commission Access Area Agreement  May 30, 2008  Page 10    IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be executed this the day  and year first above written.  GRANTOR DUKE ENERGY CAROLINAS,LLC By:. Name: Steven D.. Jester  Title: Vice President, Hydrol Licensing and Lake Services  STATE OFNORTH CAROLINA COUNTY OFMECKIENBURG  a Notary Public: for said County and State, certify that  personally came before me this day and acknowledged that he is  of  Duke Energy Carolinas, LLC, al North Carolina limited liability company, and that he, as. being authorized to do so, executed the foregoing on behalf of the company,  WITNESS. my hand and official seal, this the.  day of  200_  [SEALI  My Commission Expires:  Notary Public  GRANTEE  NORTH CAROLINA WILDLIFE RESOURCES COMMISSION  Attested By: Title:, STATE OFNORTH CAROLINA COUNTY OF I,.  By: Name: Fred Harris Title: Executive Director  al Notary Public for the above State and County, hereby certify that personally came before me this day and acknowledged that s/he is oft the North Carolina Wildlife Resources Commission and that by authority duly  given and as the act of said corporation, the foregoing and annexed instrument was signed in its name by  its  sealed with its corporate 200_  seal and attested by. My Commission: Expires:  asits day of Notary Public  WITNESS my hand and official seal, this the  NC Wildlife Resource Commission Access Area Agreement  May 30, 2008  Page 11    EXHIBIT. A  DUKE ENERGY CATAWBA-WATEREE AREA PUBLIC ACCESS AREAS AGREEMENT  Note: Items in italics have not been installed as of January 1,2008. Items identified by  asterisk (*)to be maintained by others.  LAKEJ JAMES 1) Black Bear Acçess_Area Six boat launch ramps; Three courtesy piers; Restrooms; Onej fishing pier, or; Bank fishing trail*; Trails*; Overnight cabins*; Primitive camping*; Picnic areas*; Paved parking area with lights; and Onel hundred sixty five trailer parking spaces Linville Access Area with the following amenities: Two boat launch: ramps; One courtesy pier; Restrooms*; Picnic facilities*; Paved parking area with lights; and Sixty trailer parking spaces 3) New] Linville Access Area (Undeveloped) New Linville Access Area with the following amenities: Twoi boat launch ramps; One courtesy. pier; Vault Toilet*: Picnic. Area*;  Black Bear Access Area with the following amenities:  2) Linville Access Area  Paved parking area with lights; and Undetermined trailer parking spaces Bridgewater Access Area with the following amenities:  4) Bridgewater Access Area Fishing Pier Boat launch ramp; Restrooms*; Picnic area*; Parking area with lights; and Undetermined additional trailer parking spaces  NC Wildlife Resource Commission Access Area Agreement  May 30, 2008  Page 12    5) Muddy Creek Access Area (undeveloped) Muddy Creek. Access Area with the following amenities: Canoe/RayakAccess; Parking area; and Approximately 10parking spaces LAKE: RHODHISS 6) Johns River Access Area Johns River Access Area with the: following amenities: Onel boat launchi ramp; One courtesy pier; Paved parking area with lights; Fifteen trailer parking spaces; and Six car parking spaces 7) Corpening Bridge Access Area (undeveloped) Corpening Bridge with the following amenities: Boat launch ramp; Gravel parking area; and Ten trailer parking spaces 8) Huffman Bridge Access Area Huffman Bridge Access Area.with the following amenities: Bank Fishing Area Paved parking area with lights; and 24 parking spaces 9) Castle Bridge Access Area Six boat launch ramps; Three courtesy piers; Restrooms*; Paved parking area with lights; and Onel hundred forty nine trailer parking spaces Conley Creek Access. Area with the: following amenities:  Castle Bridge Access Area with the following amenities:  10) Conley Creek Access Area (Sawmills Veterans Park leased by Town of Sawmills.NC)  Twol boat launch ramps; One courtesy pier; One fishing pier; Paved parking area with lights; and Seventy trailer parking spaces 11) Rhodhiss Access Area Twol boat launch ramps; One courtesy pier; Restrooms*; Pavedj parking areas with lights; and Onel hundred trailer parking spaces  Rhodhiss Access Area with the following enhancements:  NC Wildlife Resource Commission Access Area Agreement  May 30, 2008  Page 13    LAKEI HICKORY 12) Gunpowder Access Area Gunpowder Access. Area with the following amenities: Two boat launch ramps; Oné courtesy pier; Paved parking area with lights; and Sixty trailer parking spaces 13) Lovelady Access Area Lovelady Access Area with the: following amenities: Two boat launch ramps; One courtesy pier; Onej fishing pier; Paved parking area with lights; Forty trailer parking spaces; and Ten car parking spaces 14) Wittenburg Access Area Six boat launch ramps; Three courtesy piers; Two fishing platforms; Restrooms*; Picnic area*; Swimming Area*; Thirty four car parking spaces Two boat launch ramps; One courtesy pier; One trash bin; One mile oft trail*; Restrooms*; Paved parking area with lights; and Forty trailer parking spaces 16) Oxford Access Area Four boat launch ramps; Two courtesy piers; Bank fishing*; Primitive camping*; picnic area*; Trails*; Restrooms"*; Swimming Area*;  Wittenburg Access Area with the following amenities:  Paved parking area (add additional undetermined, paved parking); One hundred: sixty four trailer parking spaces with lights; and 15) Dusty Ridge Access Area (leased by Alexander County) Dusty Ridge Access. Area with the following proposed amenities:  Oxford Access Area with thei following proposed amenities:  Paved parking area with lights (additional paved parking to be added); and  One hundred twenty trailer parking spaces  NCWildlife Resource Commission Access Area. Agreement  May 30, 2008  Page 14    17) Oxford Tailrace Fishing Area Fishing platform; and Parking area with lights LOOKOUT: SHOALSLAKE  Oxford Tailrace Fishing Area with the following proposed amenities:  18) Upper Lookout Shoals Access Area (undeveloped) Upper Lookout Shoals Access Area with the following amenities:  Boat launch ramps; Primitive camping*; Restrooms*; Paved parking area; and Undetermined trailer parking spaces Sharon Access Area with the following amenities: One boat launch ramp; One courtesy pier; One trash bin; Paved parking area with lights; and Twenty eight trailer parking spaces Lookout Access Area with the following amenities: Two boat launch ramps; One courtesy pier; Restrooms*; One trash bin;  19) Sharon Access Area  20) Lookout Access Areas  Paved parking area with lights; and Fifty three trailer parking spaces 21) Lookout Shoals Tailrace Fishing Area Fishing platforms; and Gravel Parking area with lights  Lookout Shoals Tailrace Fishing Area with the following proposed amenities:  LAKE NORMAN 22) Long Island Access Area  Long Island Access Area with the following amenities: Two boat launch: ramps; One courtesy pier; Paved parking area with lights; and Forty eight trailer parking spaces 23) Island Point Access Area (undeveloped) Island Point Access Area with the following amenities: Boat launch ramps; Courtesy piers; Trails*;  NC Wildlife Resource Commission Access Area Agreement  May 30, 2008  Page 15    Pier or bank fishing Swimming area*; Restrooms*;  Paved parking area with lights; and Undetermined trailer parking spaces Pinnacle Access Area with the following amenities: Five boat launch ramps; Two courtesy piers; Four trash bins; Paved parking area with lights; One hundred thirty one trailer parking spaces; and Nine car parking spaçes 25) McCrary Creek Access Area McCrary Creek. Access Area with the following amenities: Four boat launch ramps; Two courtesy piers; Three trash bins; Paved parking area with lights; and Ninety eight trailer parking spaces Marshall Fishing Area with the following amenities: One to two portable toilets; Four trash cans; and Gravel parking area 27) Hager's Creek Access Area Four boat launch ramps; Two courtesy piers; Trails*; Bankj fishing*; Picnic area*; Restrooms*; Fishing pier; Twot trash bins  24) Pinnacle Access Area  26) Marshall Fishing Area  Hager's Creek Access Area with the following amenities:  Paved parking area with lights (additional paved area to be constructed); and  One hundred twenty trailer parking spaces Little Creek. Access Area with the following amenities:  28) Little Creek Access Area  Two boat launch ramps; One courtesy pier; Restrooms*; Fishing pier(possibly maintained by leasee); Picnic. shelter*; Two trash bins; Fifty nine trailer parking spaces  Paved parking area with lights (additional paved area to be constructed); and  NC Wildlife Resource Commission Access Area. Agreement  May 30, 2008  Page 16    29) Beatty'sl Ford Access Area Four boat launch ramps; Two courtesy piers; Picnic area*; Fishing pier (possibly. maintained by leasee); Swimming area*; Restroom*; Four trash bins; Paved parking area with lights; and One hundred twenty trailer parking spaces  Beatty's! Ford Access Area with the following amenities:  MOUNTAIN ISLANDI LAKE 30) Hwy 73 Access Area  Hwy 73 Access Area with the: following amenities: Canoe Kayak access area; Gravel parking area; and Ten parking spaces 31) Neck Road Access Area Neck Road Access Area with the following amenities: Two boat launch ramps; One courtesy pier; Paved parking area with lights; and Sixty one trailer parking areas Riverbend Acçess Area with the: following amenities: Four boat launch ramps; Two courtesy piers; Fishing pier (possible maintained. by leasee); Bank) fishing*; Restroom*; Swimming area*; One trash bin;  32) Riverbend Access Area  Paved and gravel parking areas with lights; and One hundred trailer parking areas plus additional parking Mountain Island' Tailrace Fishing Area with the following amenities: One or two portable toilets (seasonal); Two fishing platforms with. ADA trail; and Gravel parking area  33) Mountain Island Tailrace Fishing Area  LAKE WYLIE 34) Allen Fishing Area  Allen Fishing Area with the following amenities: Two fishing platforms with. ADAt trail; Paved parking area with lights; and NC Wildlife Resource Commission Access Area Agreement  Restrooms*;  May 30, 2008  Page 17    Twenty seven parking areas 35) South] Point Access Area Six boat launch ramps; Four courtesy piers; Trails*; Bank fishing*; Fishing pier; Picnic area*; Swimming area*; Restrooms*; Eight trash bins; Paved parking area with lights; and One hundred sixty five trailer parking areas  South Point Access Area with the following amenities:  NC Wildlife Resource Commission Access Area Agreement  May 30, 2008  Page 18    AGENDA ITEM 11A  MEMO DATE: SUBJECT:  May 21,2019 Updates: Code Enforcement Monthly Report  Discussion: the town. Recommendation: No Council action required.  The attached report shows the progress that Planner Hunter Nestor continues to make throughout