32  Tuesday, February 20, 2024 Minutes-City ofLenoir Council Meeting  LENOIR CITY COUNCIL TUESDAY, FEBRUARY 20, 2024  6:00 P.M.  PRESENT:  Mayor. Joe Gibbons presiding. Councilmembers present were. Jonathan Beal, Ike Perkins, Todd Perdue, Ralph Prestwood, Kimmie Rogers, Mayor Pro-Tem David Stevens, City Manager Scott Hildebran, City Clerk Shirley Cannon and City Attorney Timothy Rohr.  ABSENT: CITY STAFF:  Councilmember Crissy Thomas.  In attendance was Finance Director Donna Bean, Fire ChiefNorman Staines, Deputy Fire Chief] Kenny Nelson, Police Chief Brent Phelps, Planning Director Hannah Williams, Public Services Director Radford Thomas, Public Utilities Operations Manager. Jeff Church, Public Works Operations Manager. Jon Hogan, Main Street and Economic Development Director Kaylynn Horn, Downtown Event Coordinator Matthew Anthony and Communications  Director Joshua Harris. CALL TOORDER  A. The meeting was opened by a moment ofs silence and the pledge of allegiance as led by  Mayor Gibbons.  CONDOLENCES; PAIGE COUNTS FAMILY:  B. On behalf of City Council, Mayor Gibbons extended condolences to the family of Paige Counts and asked everyone to keep this family in their thoughts and prayers as Mrs. Counts husband, Charles, passed away unexpectedly over the weekend. Mrs. Counts is the Public Ina addition, Mayor Gibbons also asked everyone to keep Lester Whittington, Manager, Martin Luther King, Jr. Center in their thoughts and prayers as he is recovering from  Information Officer for Caldwell County.  surgery.  SPECIAL RECOGNITION; RADFORD THOMAS, PUBLIC SERVICES DIRECTOR:  C.On behalf of City Council, Mayor Gibbons presented Public Services Director Radford Thomas with a framed key to the City including City coins and read a resolution in honor of his dedicated and outstanding service to the City ofl Lenoir. Director Thomas will retire from the City ofL Lenoir effective March 1,2 2024. A reception was held prior to the Council meeting where a number of! his colleagues and Staff congratulated him. A copy oft the resolution is hereby incorporated into these minutes by reference. (Referto Mayor Gibbons commended Director Thomas for his service to local government and the City yofLenoir and stated Radford has served the City very well. Radford has over 30+  page 36.)    33  Tuesday, February 20, 2024 Minutes-City ofLenoir Council Meeting  years ofservice in local government. Mayor Gibbons thanked Radford for alll he means to the City and to City Council and noted hei is considered: a friend to everyone. Director Thomas introduced his family members] present and stated the City ofI Lenoir is fortunate to have the City Council that it has. He pointed out Council supports Staff and provides the resources needed to do their jobs. Director Thomas briefly shared several oft the projects and equipment purchases he has been a part of during his tenure. He commended Staffand remarked the Public Utilities Department isi in good hands. Director Thomas stated  he was honored to serve.  II. MATTERS SCHEDULED FOR PUBLIC HEARINGS  III. CONSENT AGENDA ITEMS  A. Minutes: Approval oft the minutes oft the Committee oft the Whole meeting ofTuesday, B. Public Hearing Request; Ordinance. Amendments: Staff recommends City Council call for a public hearing to be held on Tuesday, March 5, 2024 to consider ordinance amendments relating to Chapter 9 (Flood Damage Prevention) oft the Lenoir Code of Ordinances. The Planning Board is not required by current law to review these changes, as this chapter does C.R Resolution ofI Intent; Lease of City Property: Approval ofa Resolution of Intent for the Lease ofCity Property for a Term of Ten Years to Bernhardt Transportation, LLC: and Authorizing Staff to Initiate Public Notices Requirements. The City Council is considering: a lease ofthe Property described on the Council Action Form (CAF) included in the agenda packet to Bernhardt Transportation, LLC upon the terms and conditions set forth herein and described in the attached lease and authorizes the City Manager or his Designee, to execute all instruments necessary for City Council consideration oft the lease. A copy oft the lease agreement and resolution of intent is hereby incorporated into these minutes by reference. D.Resolution; Radford Thomas: Approval oft the resolution in honor and recognition of Public Services Director Radford Thomas upon his retirement from the City ofl Lenoir effective Upon a motion by Mayor Pro-Tem Stevens, City Council voted 61 to 0 to adopt items (A through D) on the Consent Agenda as described above and as recommended by City  January 23, 2024 as submitted.  not change any of the zoning requirements for the City.  Refer to pages 37-46). March 1,2 2024.  Manager Hildebran.  IV. REQUESTS AND PETITIONS OF CITIZENS V. REPORTS OF BOARDS AND COMMISSIONS  VI. REPORT. AND! RECOMMENDATIONS OFTHE CITYMANAGER  A. Items ofInformation  BUDGET RETREAT:  1.City Council will conduct a Budget Retreat on Friday, February 23 at 8:00 a.m. at  the. J. E. Broyhill Civic Center, Room 215.    34  PLANNING BOARD:  2. The Planning Board will meet on Monday, February 26 at 5:30 p.m. at the City/County  Chambers.  COMMITTEE OF  THE WHOLE: 3.The Committee oft the Whole will meet on Tuesday, February 27 at 8:30 a.m. at City Hall, Third  Floor.  FOOTHILLS REGIONAL AIRPORT AUTHORITY:  4. The Foothills Regional Airport Authority will meet on Wednesday, February 28 at the airport  facility at noon.  BLACK HISTORY MONTH:  5. The month of] February is celebrated as Black History Month and Councilmember Crissy Thomas stated events are ongoing at the Martin Luther King, Jr. Center.  B. Items for Council Action  AUTHORZATION FOR PROPERTY PURCHASE:  1. Staff Recommendation: 1). Approval of purchase ofa 0.235748-acre lot NCPIN274963586, Parcel ID 06-13-3-21)! located on College Avenue for $5,100 (the current tax value). The church owns 9/10th of the parcel, with all heirs but one signing over their interest ini the lot. It is anticipated that the balance oft the parcel can be acquired for $1,000. 3). Approval of purchase of a 0.234321-acre lot (NCPIN 2749656730, Parcel ID 06-13-3-22) located on Spainhour Street for $5,100 (the current tax value). 3) Authorize the City Attorney and City Manager toj proceed with the executing of the necessary documents to satisfactorily acquire the parcels at aj purchase not to exceed $11,200. The City anticipates the properties will be used for public parking. A copy oft the Council Action Form with the background is hereby incorporated into these  minutes by reference, not a Resolution. (Refer to page 47.)  City Manager Hildebran stated College Avenue Baptist Church contacted the City about buying the parcels and reported the full congregation was in agreement to sell the property. He shared the parcels are adjacent to a track the City currently owns. Mr. Hildebran reminded Council that the need for additional parking is included in the Downtown Master Plan. He reported City Attorney Rohri is doing a title search and there should be around 50+ more parking spaces  with the purchase ofthe two lots.  Upon a motion by Councilmember Perdue, Council voted 61 to 01 to authorize City Manager Scott Hildebran and City Attorney Timothy Rohr to proceed with executing the necessary documents to satisfactorily acquire lots #1 and #2 as described above and as recommended by City  Manager Hildebran.  VII. REPORT AND RECOMMENDATIONS OF THE CITY ATTORNEY VIII. REPORT AND RECOMMENDATIONS OF THE MAYOR    35  Tuesday, February 20, 2024 Minutes-City ofLenoir Council Meeting ESSENTIALS OF MUNICIPAL  GOVERNMENT: A. Mayor Gibbons thanked all oft the City Councilmembers that attended the Essentials of  Municipal Government course in Asheville.  CONGRATULATIONS:  TODD PERDUE: B. On behalfofCity Council, Mayor Gibbons congratulated Councilmember Todd Perdue upon  being appointed to serve on the NCLM's Risk Management Services (RMS) Board of  Trustees.  CONGRATULATIONS; JONATHAN BEAL:  C.On behalf ofCity Council, Mayor Gibbons congratulated Councilmember Jonathan Beal upon successfully completing the Advanced Leadership Training course at the UNC School  of Government in Chapel Hill, NC.  IX. REPORT AND RECOMMENDATIONS OF COUNCILMEMBERS  X. ADJOURNMENT  A. There being no further business, the meeting was adjourned at 6:24 p.m.  Shirley M. Cannon, City Clerk  Joseph L. Gibbons, Mayor    36  Tuesday, February 20, 2024 Minutes-City ofLenoir Council Meeting  CIVYANNAGER SCOTTEHLDEBRA  MVOR JOSEPHL. GIBBONS CIYCOURCIL J.7.0EAL TH.PERDUE J.LPERKINS RS.PRESTWOOD K.A.ROGERS D.ESTEVENS  CITY OFLENOIR NORTH CAROLINA  Resolution Honoring Radford L. Thomas G.D.THOMAS  WHEREAS, Radford Thomas began serving as the Public Utilities Director for the City of Lenoir on August 8, 2011, where he oversaw operations oft the City's water and wastewater systems, and he was promoted to Public Services Director in July 2022, where he was responsible for managing the City'sPublic Utilities and Public Works WHEREAS, Radford, a graduate and proud supporter of Appalachian State University, previously served as Manager for several North Carolina towns including Denton, Scotland Neck, Newton, Eden, and Marshville, as WHEREAS, in addition to his duties with Lenoir, Radford also served as a member oft the International City/County! Management. Association (ICMA) and North Carolina City/County Management Association, asaCity representative to the Catawba Wateree Water Management Group, and member on the City ofLenoir's Customer Service' Team, and obtained certifications in water distribution and wastewater collections, graduated from the UNC School ofC Government Public Executive Leadership Academy (PELA) in 2012, and completed WHEREAS, in 2015, Radford: spent two weeks in Timor Leste (East Timor) representing the City ofLenoir and ICMA as part of an exchange and fellowship program sponsored by the US State Department and ICMA; and WHEREAS, during his tenure as Department Director, Radford oversaw many projects and improvements to the City's water and wastewater systems including renovations to the Gunpowder Creek and Lower Creek wastewater treatment plants; replacement of more than 20,000 feet ofs sewer line; improvements to the George L. Bemhardt, Sr., Lake Rhodhiss Water Treatment Plant including two new filters, a new chemical storage building, and a mechanical pre-treatment unit; implemented the Advanced! Metering Infrastructure (AMI) project; began planning for the Lenoir/Valdese Water Interconnection project and Finley Area Water System Improvements; and oversaw WHEREAS, Radford Thomas has announced his retirement effective! March 1, 2024, with more than 36) years of public service, including 26 years in local government, to the citizens ofLenoir and North Carolina. NOW THEREFORE BEI IT RESOLVED, that] I, Joseph L. Gibbons, Mayor, on behalfoft the City ofLenoir Council and all the citizens, do hereby congratulate Radford on his retirement and commend him for the example BEI ITFURTHER RESOLVED, that Council and Iextend our sincere appreciation and deep gratitude for his  Departments; and  well as managing two nonprofits; and  ICMA's Gettysburg Leadership Institute in 2014; and  the EPA Brownfields program for the City; and  hel has set as a dedicated public servant; and  faithful and outstanding service and many contributions to the betterment of our City.  THIS, the 20" day ofl February 2024.  SEAL Lenoir, bd  Mayor  a Lencir  L  POST OFFICE BOX 958 LENOIR, NORTHI CAROLINA 23645-0958 a (828) 757-2200    37  Tuesday, February 20, 2024 Minutes-City ofLenoir Council Meeting  Prepared by: Wilson, Lackey, Rohr & Hall, P.C. STATE OF NORTH CAROLINA COUNTY OF CALDWELL  LEASE AGREEMENT  This Lease Agreement, made and entered into this  day of_  2024, by and between CITY OF LENOIR, al North Carolina municipal corporation of Caldwell County, North Carolina, (hereinafter called' "Lessor"), and RARDTTRASPORATON LLC, al North Carolina limited liability company, with its principal office located in Lenoir,  Caldwell County, North Carolina, (hereinafter called "Lessee");  1. Demise ofl Premises. Lessor leases untol Lessee the real property and the building and all improvements located thereon (hereinafter called "Premises") which is located in the City ofLenoir, Caldwell County, North Carolina, subject to thel Reservations set forth herein, and  described more particularly as follows:  Aportion of the improvements and lands described in Book 1094, atl Page 1690, and located northwest of the Public Works/Public Utilities Office Building and including the paved parking areas, the truck garage and wash bay and the rear parking area, but excluding the oil containment building. The leased areai is shown as the white dotted area on the attached' "Proposed New Facilityl Map Bernhardt Lease City ofLenoir," incorporated herein by reference and referred to hereafter as "ExhibitA." Lessor will use the Premises for maintenance oftrucks, trailers, and equipment necessary fori its 2. Term ofLease. The term oft this Lease is from January 1, 2025 until December 31, 2034. Ifeither party requests, the parties will execute a short-form Memorandum ofLease in recordable form containing such matters as the parties may agree upon but including ata  fleet operations and for no other purpose.  minimum the commencement: and expiration dates.  A. As an inducement forl Lessor to enteri into this Lease, Lessee agrees to build at its sole expense (a) a 20'x30' salt shed on the Premises and (b)a 50'x80' trash truck: shed on thel Lessor's adjacent property, each of which is shown on ExhibitA. Lessor and Lessee agree that the total cost ofs such construction will be at least $125,000 and need not exceed $140,000. The minimum specifications for each shed are shown on the attached Exhibit B. Prior to construction Lessee will provide the plans for the construction of the two structures to Lessor fori its approval. Subject to any delay caused by force majeure, Lessee is to begin construction on the two structures within 61 months ofLessee's execution of this lease. The two structures will be the Lessor's property. B. This lease is subject to certain Reservations by Lessor as set forth below: and equipment in the truck garage and wash bay on' Wednesday ofe each week or at  i.  Lessor retains the exclusive right and option to use the wash bay    38  Tuesday, February 20, 2024 Minutes-City ofLenoir Council Meeting  other times as the parties may agree. Lessee agrees to noti interfere with Lessor's use oft the truck garage and wash bay premises on Wednesdays. Lessor staff will exercise due care and diligence in the use oft the wash bay and equipment int the truck garage. Lessee will have no. liability with respect tol Lessor's or its agents', representatives, or employees'usage) pursuant to this paragraph excepti in the event oft the gross negligence or willful misconduct ofLessor, its agents, ii. Lessor retains the right to have secure storage of new rollout garbage carts on the demised premises. Such secure storage must bei inside as standard storage trailer at least 48 feet long (rather than the 40'x 20" dimensions shown on Exhibit A) whichl Lessee will provide tol Lessor at no cost to Lessor and which will bel Lessor'sproperty,] Lessee will putt the storage trailer in place within 60 days ofLessee's execution of this lease. Lessorstaffwill exercise due care and diligence in the use of the storage trailer. Lessee will have no liability with respect to Lessor's or its agents', representatives, or employees' usage pursuant to this paragraph except in the event oft the gross negligence or willful misconduct ofl Lessor, its agents, representatives or employees. 3. Rentals. Lessee will pay rent tol Lessor of $1,500.00 per month. Rent is due and Ina addition, Lessee will carry at its own expense policies ofproperty insurance with extended coverage insuring Lessee's personal property located on the premises against loss or damage to its furnishings, fixtures, inventory, equipment and other property situated or placed upon, in or 4. Acceptance of Premises. Lessee acknowledges that the act oft taking possession of thej premises constitutes acceptance thereofand conclusive evidencet that Lessee has inspected and examined the entire premises and utility installations and that the same were, and are, in  representatives or employees.  payable in advance on the first day ofeach month.  about the Premises with companies andi in amounts acceptable to itself.  good and satisfactory condition, and Lessee accepts the same "as is".  5. Assignment or Subletting. Lessee does not have the right to assign the Lease or to sublet the Premises in whole or in part without the prior written consent ofLessor. As Lessee is an entity, the passage of control ofl Lessee to parties other than those who presently control Lessee as of the date oft this Agreement constitutes an assignment of this Lease.  6. Compliance with Legal Requirements. Both parties will comply with all the legal requirements of any governmental or quasi-governmental body including City, County, State or Federal boards having. jurisdiction thereof, respecting any operation conducted or any equipment, installations or other property plaçed upon, in or about the Premises. Both parties will neither create nor permit the creation of any nuisance upon, in or about the Premises, and neither will  not make any offensive use thereof.    39  Tuesday, February 20, 2024 Minutes-City ofLenoir Council Meeting  7. Utilities. Lessee will pay for all water and sewer services consumed or usedon the Premises. Lessor will pay fore electricity and gas service to the premises. The lack of availability or failure ofutility service will not be deemed constructive eviction.  8. Additions, Alterations, Changes and Improvements. Lessee will not make nor have the right to make any alterations, changes, or improvements, structural or otherwise, inc orto the Premises without! Lessor's prior written consent. Ifsuch consent is given, Lessee will make all such alterations, changes and improvements in a workman-like manner, will promptly pay for them, and will not allow any liens to attach either to thel Premises or to Lessor'si interest therein, and they become the property ofLessor. Lessor may require Lessee to provide such assurances as Lessor reasonably requires (such as bonds, escrows, etc.) to protect Lessor against unpaid-for 9. Repairs. Lessor is not responsible for making any repairs including structural repairs and repairs ofa capital nature to the exterior walls and to the roof.. Lessee at its own expense will keep and maintain all thej premises and allj parts and systems thereofi including all repairs to windows and/or plate glass, and all utility installations and equipment (including repairs ofa capital nature), in good maintenance, replacement and repair, properly painted and decorated. Lessee will ensure that all repairs will be performed in aj prompt, workman-like manner, will promptly pay for them, and will not allow any liens to attach either to the Premises ort to Lessor'si interest therein. Other than as specifically stated herein, Lessor has no obligation to make any repairs. For the avoidance of doubt, Lessee will have no repair or maintenance obligations with respect to the 50'x80' trash truck shed or storage trailer described on Exhibit tA  work.  following acceptance thereof by Lessor.  10. Safe and Sanitary Conditions. Lessee will not) permit, allow, or cause any act or deed to be performed upon, in or about the premises which will cause or be likely to cause injury to any person or to the Premises, the building or improvements located thereon, or to any adjoining property. Lessee will at all times keep the premises in a neat and orderly condition and the premises and the entryways, parking areas, sidewalks, and delivery areas adjoining the premises clean and free from rubbish, dirt, snow, standing water, and ice.  11. Trade Fixtures. Lessee is permitted to install trade fixtures on the premises. In addition, Lessee is permitted to remove said trade fixtures installed during the term ofthis lease from the premises upon the termination of this Lease Agreement; provided that ifLessee does remove its trade fixtures, it will return the Premises to the same condition as existed at the time oft the original entry, ordinary wear and tear excepted. This provision is noti intended to allow Lessee to remove approved structural improvements by Lessee to the Premises. All such improvements belong to Lessor at the termination of the lease and are not to be removed or damaged by Lessee's removal ofits trade fixtures. If Lessee does not remove the trade fixtures at termination, Lessor has the option either to declare such fixtures abandoned, at which point they become the Lessor's property, or to demand that Lessee remove the same at its expense,  returning the Premises to the condition required herein.  12. Lessor Not Liable for Damages or Injuries. Lessor is not responsible tol Lessee or any other person, firm, partnership, association, or corporation for damages or injuries by virtue    40  Tuesday, February 20, 2024 Minutes-City ofLenoir Council Meeting  ofo or arising out of burst water pipes, leaks from sprinkler or air conditioning systems, leaks from ther roof, or by virtue of earthquakes, riots, windstorms, overflow ofwater from surface drainage, rains, water, fire or by the elements or acts ofGod, or by the neglect of any person, firm, partnership, association or corporation. Lessee will indemnify and hold Lessor harmless from any and all claims for damages toj person or property to the full extent permitted by law except to the extent caused by the gross negligence or willful misconduct ofLessor, its agents,  representatives or employees.  13.. Indemnification and Insurance. To the extent permitted by) North Carolina law, each party will indemnify and hold the other party harmless from the claims of any and all persons, firms, partnerships, associations, or corporations for personal injury and damage to property arising out of or in connection with the party's use and occupancy ofthe Premises. In addition, Lessee must and will carry public liability insurance in the minimum amount of $1,000,000.001 bodily injury per occurrence, and $500,000.00 property damage per occurrence. Lessee will deliver annually to Lessor a memoranda of thej policy ofs such coverage witha companysatisfactory tol Lessor and which names Lessor as additional insured therein. 14. Fire or Casualty. If, during the term of this lease, the Premises are partially destroyed by fire or other casualty, Lessee has the right to terminate this Lease. Agreement. If Lessee does note exercise this option, Lessor may ini its sole discretion effect the required repairs and reconstruction oft the Premises. IfLessor elects to make the repairs or reconstruction, during such time as said repairs or reconstruction are being made, the rentals hereinabove provided will not abate. Any other provisions contained herein notwithstanding, Lessor is required and obligated to effect repairs or reconstruction only to the extent of any sums of money, ifa any, which Lessor receives under insurance coverage as a direct result ofsaid fire or other casualty. 15. Waiver of Subrogation. Neither Lessee nor anyone claiming by, through, under, or onI Lessee's behalf may have any claim, right of action, or right of subrogation against Lessor based upon any loss caused by fire, explosion or any other casualty (not limited to the foregoing) relating to the premises or any property upon, in or about the Premises, whether such fire, explosion or casualty arises from the negligence ofLessor, its agents, representativesor  employees, or otherwise.  16. Subordination to Mortgages. This Lease. Agreement and the rights ofLesseeare subordinate to and will bes subordinate to the lien ofany mortgage or deed oftrust (hereafter called "Mortgage") whether such Mortgage is a lien on thel Premises or hereafter becomes a lien on the Premises and no further agreements or documents are to be required to render this Lease and Lessee's rights subordinate to such Mortgage. Lessee will at allt times upon request ofLessor promptly furnish documents stating that this lease is in full force and effect, that no defaults of Lessor exist, and such other matters as are customarily contained in what is known as an "estoppel letter"or a "good-standing letter". Should Lessee fail to deliver such documents within 10 daysofLessor'srequest therefor, Lessor may be deemed Lessesatomey-n-lact for the  purpose of executing such documents in the name ofLessee.  17. Inspection. Lessor has the right at all reasonable times to enter and inspect the  Premises.    41  Tuesday, February 20, 2024 Minutes-City ofLenoir Council Meeting  18. Condition ofl Premises Upon Termination. Upon the termination oft this Lease Agreement, Lessee will return the Premises to Lessor substantially in the same condition as when received, ordinary wear and tear and approved improvements excepted.  19. Holding Over. In the event Lessee remains in possession after the expiration of the' Term without the execution ofar new lease, Lessee will not acquire any right, title, or interest in or to the Premises. In such event, Lessee will occupy the Premises as a tenant from month-to- month and will otherwise be subject to all oft the conditions, provisions and obligations ofthis  Lease agreement insofar as the same is applicable.  20. Default. Each oft thei following events constitutes a default or breach ofthisl lease  by Lessee:  A. The filing ofaj petition in bankruptcy or insolvency or forreorganization under any bankruptcy act or the making of general assignment for the benefit ofcreditors. B. Involuntary proceedings under any bankruptcy or insolvency acti instituted against Lessee, ori ifareceiver or trustee is appointed for all or substantially: all ofthe property ofLessee and such proceedings are not dismissed, or the receivership or trusteeship vacated within 10 days after the institution or appointment;  C. Failure to pay rent when the same becomes due and a continuing failure to pay rent for IO days after notice thereof from Lessor tol Lessee. For these purposes, all funds due from Lessee constitute rental whether denominated as rental or otherwise  elsewhere herein;  D. IfLessee fails to fully perform and comply with each and every condition and covenant oft this Lease. Agreement, and such failure ofperformance continues fora  period of 30 days after notice thereof;  E. IfLessee vacates or abandons the Premises  F. Ift thei interest ofLesseei is transferred, levied upon, or assigned to any other person, firm, or corporation whether voluntary ori involuntary except as herein 21. Remedies Inl Event of Default. In the event of any default hereunder as set forth in the foregoing section, Lessor is entitled to re-enter and re-take the Premises and exercise alli its 22. Breach. Upon any breach hereof, regardless of what such breach is or ifs such breach becomes an "event of default,"either party is to be reimbursed by the other party for any  permitted;  rights under the laws oft the State ofNorth Carolina.  reasonable attorney's fees incurredi in connection with such breach.    42  Tuesday, February 20,2 2024 Minutes-City ofLenoir Council Meeting  23. Waiver. No failure to exercise any rights hereunder to which Lessor is entitled will be deemed a waiver of the right to subsequently exercise same. Lessee will gain no rights nor become vested with any right to remain in default under the terms hereofby virtue of Lessor's failure tot timelyassertrights. No waiver of an acceleration ofr rentals, regardless ofhow often occurring, whichLessor chooses to ignore byt thereafter accepting rental or other performance byLessee will constitute a waiver of the right to thereafter accelerate rentals. 24. Law/Applicable. This Lease is enteredi into inl North Carolina and is tol be 25. Severability. Thej provisions hereof are independent covenants and should any provision or provisions contained in thisl Lease be declared by a court or other tribunal of competent jurisdiction to be void, unenforceable or illegal, then such provision or provisions are severable and the remaining provisions remain at Lessor's option to bei in full force and effect. 26. Easements, Restrictions and Right of Way. Lessor rents the Premises subject to all 27. Binding Effect and Complete Terms. The terms, covenants, conditions and agreements herein contained are binding upon and inure to the benefit of and may be enforceable by the parties and their respective heirs, successors, and assigns. All negotiations and agreements ofLessor and Lessee are merged herein. No modification hereof or other purported agreement of the parties is enforceable unless the same is in writing and signed by thej parties. 28. Rental Payments.. All rental payments, unless otherwise designated. in writing, are to be made to Lessor at such place as Lessor may from time to time designate in writing. 29. Lessor's Performance ofLessee's Covenants. Should Lessee, after seven days' notice from the Lessor, fail to do any oft the things required to be done by it under the provisions ofthis Lease, Lessor, in addition to any and all other rights and remedies, may (but is not required to) do the same or cause the same to be done, and the amount of any money expended by Lessor in connection therewith constitutes additional rental due from Lessee to Lessor payable as rental on the next date for payment ofrentals following the expenditure.  construed under the laws, statutes, and ordinances of such jurisdiction.  easements, restrictions, and right ofway legally affecting the Premises.  30. Covenant ofTitle and Quiet Enjoyment. Lessor covenants and warrants to. Lessee that it has full right and lawful authority to enter into this Lease for the term hereof and provided Lessee is not in default hereunder, and no one claiming through Lessor will disturb Lessee's 31. Construction. This Lease Agreement is not to be construed more strictly against either party regardless of which party ist responsible for the preparation oft the same. 32. Notice. Any notice to aj party to this lease is to be given at the following address:  quiet andj peaceable enjoyment oft the Premises.    43  Tuesday, February 20, 2024 Minutes-City ofLenoir Council Meeting  Lessor: City ofLenoir Attn: City Manager Post Office Box 958 Lenoir, North Carolina 28645 AKbrAIQCLLENORNCUS BernhardtT Transportation, LLC Attn: Kevin McDougall, General Counsel 1839 Morganton Blvd. Lenoir, North Carolina 28645 kevinmedongalldll@bemhard.com  Lessee:  IN WITNESS WHEREOF, the parties have signed and sealed this Lease Agreement, this day and  year first above written. LESSOR: CITY OF LENOIR,  (SEAL)  al North Carolina municipal corporation  By: Scott Hildebran, Manager LESSEE:  BERNHARDTTRANSPORTATION, LLC (SEAL)  By: Title:    Proposed New Facility Map Bernhardt Lease City of Lenoir  Legend Notk leasedhyB Bemnherd LeasedbyB Bernharde CityofLenolr Parcete  Storage Area  Truck Garage WashBay, LeasedbyBemhardt  Storage Area Rear Parking Area  Public Works  Q2  Proposed Trashl Trucks Shed 50'x80'  Parking Area    45  Tuesday, February 20, 2024 Minutes-City ofLenoir Council Meeting  Exhibit B  Salt Shed: (Approx. 20'x30') Wood Pole and RoofFraming construction Sloped Flat Roof 7/16" OSB RoofMaterials High Temp Ice & Water Shield Galvalume Roofing and Trim Materials  o o a o o  Exterior Aluminum Siding Materials on (3) sides for weatherproofing (9)72"x24"x24" Concrete Blocks along back wall for scooping salt  Trash Truck Shed: (Approx. 50'x80") Steel Pole and' Truss construction 7/16" OSBI RoofMaterials High Temp Ice & Water Shield Galvalume Roofing and Trim Materials Concrete and/or asphalt floors Lighting and/or Power Circuits Site Grading Gutters and/or downspouts  @  Exclusions: > o    46  Tuesday, February 20, 2024 Minutes-City ofLenoir Council Meeting  RESOLUTION OF INTENT TO. AUTHORIZE THE LEASE OF Al PORTION OF PROPERTY LOCATED AT510 GREER. PLACES SW (DESCRIBED INI BOOK 1094, AT  PAGE 1690) TO BERNHARDTTRANSPORTATION, LLC  WHEREAS, the City ofLenoir ("City") owns at tract ofl land, approximately 7.89 acres, with various structures, warehouses and buildings located at 510 Greer Place SW in Lenoir (the WHEREAS, Bernhardt Transportation, LLC, al North Carolina corporation, has leased a portion oft the Property for over the past 30 years on an annual basis, and desires to continue its leasing ofaportion of the Property for aj parking area, a truck garage, a wash bay, and related uses; and WHEREAS, North Carolina General Statute $160A-272 gives the City the right and option to lease the Property upon such terms and conditions as it determines provided it also determines the Property will not be needed fort the term oft the lease and upon resolution adopted at a regular WHEREAS, the proposed lease would be fora a 10-year term, commencing on. January 1, 2025, at WHEREAS, the City will not otherwise need thel Property during thej proposed term; and WHEREAS, in consideration ofleasing the Property, Bernhardt Transportation, LLCI has agreed to lease the property for the aforementioned purpose and pay water ands sewer expenses incurred, NOW THEREFORE, BE ITI RESOLVED by the City Council for the City ofLenoir that it hereby authorizes the necessary publication oft the 30-day lease notice of the above referenced Property as follows: The City Council is considering al lease of the Property described above to Bernhardt Transportation, LLC upon the terms and conditions set forth herein and described in the attached lease, and authorizes the City Manager, or his Designee, to execute all instruments  "Property";and  council meeting following thirty 30 days' public notice; and arental rate of$1,500 per month and ending December 31, 2034; and  and the conditions outlined int the attached lease ofthe Property; and  necessary for City Council consideration oft the lease. Adopted this 20th day ofl February, 2024.  Joseph L. Gibbons, Mayor  Shirley M. Cannon, City Clerk    47  Tuesday, February: 20, 2024. Minutes-City ofLenoir Council Meeting  CITY OF LENOIR COUNCIL ACTION FORM  I.  Agenda Item: Authorize the City Attorney and City Manager to proceed with executing the necessary documents to satisfactorily acquire: #l-a0.235748-acre lot (NCPIN2749655863, Parcel D 06- 13-3-21) located on College Avenue from College Avenue Baptist Church. The church owns 9/10th ofthe parcel, with alll heirs but one signing over their interest in the lot. Iti is anticipated that #2-a0.23432l-acre lot (NCPIN 2749656730, Parcel ID 06- 13-3-22) located on  the balance oft the parcel can be acquired for $1,000. Spainhour Street from College Avenue Baptist Church, and atatotal purchase price for both parcels will not exceed $11,200.  II. Background Information: The City owns a 0.457019-acre tract adjacent to theset two parcels located along College Avenue. All oft these tracts are located across the street from Mack Cook Stadium and can provide land for future public off-street parking, as recommended in the recently adopted Lenoir Downtown Master Plan. College Avenue Baptist Church owns a 0.234321-acre lot (NCPIN: 2749656730, Parcel ID 06- 13-3-22) located on Spainhour Street. The Church also owns a 9/10th interest in 0.235748-acre Iot (NCPIN 2749655863, Parcel ID 06- 13-3-21) located on College Avenue, with all heirs but one signing over their interest in the lot. A tentative agreement has been reached with College Avenue Baptist Church to purchase both parcels for $10,200, their current tax value, subject to the approval of City Council. Iti is anticipated that the balance of the College. Avenue parcel from an  heir can be acquired for $1,000.  The total purchase price for both lots will not exceed $11,200. A tax map of all the tracts are enclosed for your information.  MI. StaffRecommendation: 1) Approval of purchase ofa0.235748-acre lot (NCPIN 2749655863, Parcel ID 06- 13-3-21) located on College. Avenue for $5,100 (the current tax value). The church owns 9/10th oft the parcel, with all heirs but one: signing over their interest in the lot. It is anticipated that the balance ofthe parcel can be acquired for $1,000. 2). Approval of purchase ofa 0.234321-acre lot (NCPIN 2749656730, Parcel ID 06- 13-3-22) located on Spainhour Street for $5,100 (the current tax value). 3) Authorize the City. Attorney and City Manager to proceed with the executing the necessary documents to satisfactorily acquire the parcels at a purchase price not to exceed $11,200. The City anticipates the properties will be used  for public parking. IV. Reviewed By: City Attorney: City Manager: