CITY OF DUNN 1887 NORTH CAROLINA Where community begins! Dunn City Council Regular Meeting Tuesday, September 10, 2024 6:30 p.m., Dunn Municipal Building AGENDA Call to Order - Mayor William P. Elmore, Jr. Invocation Pledge of Allegiance 1) Adjustment and Approval of the September 10, 2024 meeting agenda. 3) Special Event Permit - Get Out to Vote Rally- on City Hall Steps 4) Special Events Permit - Temporary Blocking of Streets - NC Cotton Festival 5) Acceptance of Lead Service Line Replacement Program Funding Offer ITEMS FOR DISCUSSION AND/OR DECISION 2) Proclamation - Constitution Week 2024 6) Paving Project 7) Consideration of Offer to Purchase City Property 8) Closed Session - If called, the General Statute(s) allowing the Closed Session will be cited in the motion ADJOURNMENT "This institution is an equal opportunity provider and employer" Adjustment and Approval Ofthe September 10, 2024 Meeting Agenda Recommendation: Motion to adopt the September 10, 2024, meeting agenda as presented. Or Motion to adopt the September 10, 2024, meeting agenda as presented with the following changes: Additions: (Assign Number on the Agenda such as 28A) Removal ofthe following items(s): Move Item of Business from one section to another section (such as moving item from Consent Items to Items for Discussion and/or Decision). CITY OF DUNN NORTH CAROLINA 1887 City Council Agenda Item Meeting Date: September 10, 2024 SUBJECTTITLE PRESENIENDEPARIMENT ATTACHMENT/S) PUBLIC HEARING PUBLISH DATES PURPOSE: Constitution Week City Clerk Proclamation Tor recognize Constitution Week, September 17-23, 2024 in the City of Dunn as requested by the Daughters of the American Revolution. 2 1 BACKGROUND: S BUDGET IMPACT: RECOMMENDED REQUESTED OF COUNCIL MOTION/ACTION For the Record. DUNN *** ** All-AmericaCity 1989 2013 CITY OF DUNN NORTH CAROLINA 18877 Broclamation Constitution WeeR2024 WHEREAS: September 17, 2024, marks the two hundred and thirty-seventh anniversary of the drafting oft the Constitution of the United States of America by the Constitutional Convention; and WHEREAS: Iti is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary; and to the patriotic celebrations which will commemorate the occasion; WHEREAS: Public Law 915 guarantees the issuing of a proclamation each year by the President oft the United States of America designating September 17th through 23d as Constitution Week. NOW, THEREFORE I, William P. Elmore, Jr., by virtue of the authority vested in me as Mayor oft the City of Dunn, North Carolina, do hereby proclaim the week of September 17th through 23rd as and Constitution Week in the City of Dunn and ask our residents to reaffirm the ideals of the framers that the constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. Sot proclaimed thist the 10f day of September, 2024. William P. Elmore Jr. Mayor ATTEST: Melissa R. Matti, CMC City Clerk Where community begins! CITY OF DUNN NORTH CAROLINA 18877 City Council Agenda Item Meeting Date: September 10, 2024 SUBJECT TITLE PRESENTERIDEPARTMENT ATTACHMENT/S) PUBLIC HEARING PUBLISH DATES PURPOSE: 7:15p.m. Special Event Permits - Permission to Gather on City Hall steps for Get Out & Vote Rally City Manager Neuschafer Permit Application Request to gather on City Hall steps for event on Thursday, September 26, 2024 from 5:30 p.m. until This event is to encourage participation in the upcoming election, raise social awareness about gun- violence, and to build peace. BACKGROUND: - bb 1 A BUDGET IMPACT: RECOMMENDED REQUESTED OF COUNCIL MOTION/ACTION Motion to approve the Special Event Permit for the Get Out & Vote rally as DUNN *** All-AmericaCity 1989 *2013 requested. Recuyed 926/4 L 25c Rec #R00097149 SEP-1824 Special Event Permit ApplitgtionPage3 Event Type of Event: Information Mw Festival Concert Run/Walk Parade Mother-Type Gat 0u1 sh Vol Pallg Name of Event and Sponsoring Organization: Yho Faglfalosh np NatL CAwlrA Point of Contact for this Event: Name Floyd WH/G, Telephone_9ro) 403-3>97 Email eAHAlspare yahoo.vom Purpose of Event_ Encovrase Parlicipatio L upagg llemipnaiy pstinl halopea vlt g-ywlere Peace Event Location: The aty Oung Mnrepw Bl-Steps Build Event Date(s) Septb, 26,3024 Setup Date(s). Setup/Assembly Hours_ Actual Event Hours 5:30 - 7:00/ 6:00 - 7:15 Pommission 4 gathe a 55:30 Dismantle Date and Time_ 30mip Projected Attendance 35-30 Will there be the use of fireworks at this event?. Ves ENo alcohol be served or sold? Yes No Ifyes, please provide required documentation. Will Tent(s) be installed? Ves ENo Will If yes, Size Number of Tents If, applicable, please attach Tents/Temporgry Membranes Permit Application. Will Inflatables be used? Yes No lfyes, please attach Tents/Temporary Membranes Permit. Ifyes, please attach Temporary Sign Permit Application. Do you need access to city electrical outlets? Ves No Do you need access to water for your event? Yes MNo Will this event require signs/banners? Elyes ENo Hardkly argr Additional Fees may apply, for water and electricity. You will be contacted to discuss. Special Event Permit Application, Page4 Applicant should include a detailed Traffic a and Parking Plan. Will your event require the closing of any City streets or parking lots? Ves ENo Ifyes, the application must be received 60 days in advance of the event. Request to close any state-mdintained roads must be handled through the NC Department of Transportation List any street(s) and parking lots tol be closed. Include street name with date and time to be closed and reopened. Also include: a detailed Map showing streets to be closed. Golha Na -pd 9 cty [Bull fs atape 1o pdyo cb. Please attach map/drawing accurately depicting proposed locations, activities, and traffic flow, As a condition to the issuance of a temporary Special Event Permit, the permittee shall indemnify and hold the City harmless from claims, demand or cause of action which may arise with proposed parking plan. from activities associated with the special event. By signing this permit, I acknowledge that I have read completely including all necessary ordinances and answered all questions truthfully and understand that the event should NOT Submittal of an application does NOT guarantee approval and the $25 Fee is Non-Refundable. Violations could result in forfeiting the right to apply for future Special Events for a minimum be promoted until a Special Event Permit has been issued. of two (2) years. Signature_ Date 8/26/24 Please Retue_completed with Fees to: of Dunn City Planning Department 102 N Powell Ave PO Box 1065 Dunn NC: 28335 Telephone (910): 230-3505 Pg Special Event Permit Application, Page5 Checklist for Attachments Please make sure allr required permits andi information with necessary, permit payments are included. Check or mark n/a ABC Permit (if alcohol is tol be served or sold) Tents/Temporary Membranes Permit Application LNoisel Permit Temporary Sign Permit Proof ofl Insurance or Signed Waiver street closures, parking and traffic patterns. FOR OFFICE USE: Planning Department: Inspections Department: Please be sure to include Map(s) or Drawing(s) showing location of event, activities, requested Ma Ma Police Department: City Clerk, if required: City Manager, if required: Date Received: B/24/2034 Date Approved/Denied: Date of Notification to Applicant: Staff Name Staff Signature 306eGBIE90ESE £9L90984- Aes %6 C DOD9 D0D9 (COFLU POLICE Dunn Police Department Permit to Exceed Noise Limits Name of Applicant: FRoyd WKk, Address: 14(0 Holehen Pnwt Fagelanal NC Contact number: 00)405-3597 Type pofactiviy/deseripion: Gat Outds Voto ) - Sfp dh Visleru Pouu Rully Date ofEvent: 9/26/24 Proposed Start time: 600-715 Proposed place: Demm Ct (RO Number of People: 35-30 Proposed End time: 7:15 Name of person in charge of the event: Reverore Fenyd wG Address: 14(0 toberhm Onie Contact number: 4)403-3797 Date application submitted: /26/04 Signature of Applicant: 722 E-Mail Address tiapsaplerAllows, Lr218s Eyahov. **Department Use Only* Application Received: Date: Time: Approved Approved (with stipulations) Disapproved 401 East Broad St. * Dunn, NC 2834*910-892-2399 YOELVNA POLICE Signature (City Manager): Signature (ChiefofPolice) LISTANISTIPULATIONS BELOW 401 East Broad St. * Dunn, NC 28334 * 910-892-2399 CITY OF DUNN NORTH CAROLINA 1887 City Council Agenda Item Meeting Date: September 10, 2024 SUBJECT TITLE PRESENIENDEPARIMENT ATTACHMENT/S) PURPOSE: Temporary Blocking of Streets - Cotton Festival-Saturday, November: 2 City Clerk Special Event Permit Applications PUBLIC HEARING PUBLISH DATES N/A Council is being asked to approve the following Temporary Blocking of Streets as follows: October31,2024 at7 7:00p p.m. ridest tobe dropped off November 1,2 2024 2,2 2024, at7:00p.m. 2, 2024, at7:00 p.m. November: 2,: 2024, at7 7:00p.m. November: 2, 2024, at7:00p.m. 2,2 2024, at7:00 p.m. November2, 2024, at7 7:00 p.m. November2, 2024, at7 7:00p.m. Cityof Dunn Public Parkingl Lot! behind Sherry's Bakery: 12:00 p.m. untill Noyember2,2024, E.E Edgerton St.1 fromt thes alleywaytos S. Clinton Ave.1 12:00p p.m. -5:00 p.m. fore amusement - a Lucknow Squaret from thee entrance ofT Truist Bank tov W. Broad St. -6:00p.m. untill November Broad St.t from Fayetteville) Ave. tos S. Clinton Ave. (USHwy 301)-6:00 p.m. until November Fayetteville Ave. from! E. Cumberland: St. (US Hwy 421)toW.E Edgerton St. -6:00 p.m. until E.E Broad St. (Block: 300)f from S. Clinton Ave. (USH Hwy: 301)t tol Magnolia Ave. 3:00 p.m. until Edgerton: St.f from RaitroadA Ave. tos. Clinton Ave. (USHwy301)-6:00 p.m. until November Wilson Ave. from E. Cumberland: St. (USH Hwy 421)toE. Harnett: St.- 6:00p p.m. until Railroad/ Ave. from E. Cumberland: St. (US! Hwy4 421)toE. Harnetts St.- 6:00 p.m. until E S BACKGROUND: BUDGET IMPACT: None RECOMMENDED COUNCIL DUNN ** All-AmericaCity 1989 2013 MOTION/ACTION Motion to approve the Temporary Blocking oft the Streets and Parking Lot as REQUESTED OF requested for the Cotton Festival activities. Pdl a500 CCH003918 Rec# 104554 aplpt Event Information Special Event PermitApalicationy Page3 5 SEP-19-34 Type of Event: other-Type MFestival Concert Run/Walk Parade Name of Event and Sponsoring Organization: NOVIL (AVOlnA CDMn ReStival- - oww RVCA TWVIS Avmpvity Point of Contact for this Event: Name_ (visty BMMOV Telephone.AD-PAL-SA1 Email_ORFLL e Awnniownsm.ovq osry @ dunnpwsm.0Yg Purpose of Event_Cnmmwnihy, even Event Location: Dowyoww DMnn Event Date(s)_ NONEWLY 1 2,2024 Setup Date(s)_ OciDbtY 31, NovCM 181,104 Actual Event Hours 3DDpm . 1000pm (NO.1,2024) * 10-000- OymNN1.104) Setup/Assembly Hours OAADVIN 31 a MONRAMLY 1- AM day, NwmeY 1 wODAm Dismantle Date and Time_ B00pm NoNMbY 2,2074 Will there bet the use of fireworks at this event? Ves No Will alcohol be served or sold?, Jyes MNo Ifyes, please provide required documentation. Will Tent(s) bei installed? Myes No Sreet Closure ST Reimet Tacis/HE Projected Attendance M0DD+ Ifyes, Size. NAYlows 1*15 AD40, 1Dx1L Number of Tents wwynown SKAUIY If, applicable, please attach Tents/Temporary Membranes Permit Application. Will Inflatables be used? Vyes No Ifyes, please attach Tents/lemporary Membranes Permit. Will this event require signs/banners? Myes No lfyes, please attach Temporary: Sign Permit Application. Doy you need access to city electrical outlets? Vyes Do you need access to water for your event? V_Ves No No Additional Fees may apply for water and electricity. Your will be contacted to discuss. Special Event Permit Application, Page4 Applicant should include a detailed Traffic and Parking Plan. Will your event require the closing of any City streets or parking lots? Myes No Ifyes, the application must be received 60 days in advance of the event. Request to close any state-mdintained, roads must be handled through the NC Department of Transportation List any: street(s) and parking lotst tol be closed, Include street name with date and time to be closed and reopened. Also include a detailed Map showing streets to be closed. *s OHAURLA SMLIS foy SLI COSWKCS $ mo Please attach map/drawing accurately depicting proposed locations, activities, and traffic flow, As a condition to the issuance of a temporary Special Event Permit, the permittee shall indemnify and hold the City harmless from claims, demand or cause of action which may arise with proposed parking plan, from activities associated with the special event. By signing this permit, I acknowledge that I have read completely including all necessary ordinances and answered all questions truthfully and understand that the event should NOT Submittal of an application does NOT guarantee approval and the $25 Feei is Non-Refundable. Violations could result in forfeiting the right to apply for future Special Events for a minimum be promoted until a Special Event Permit has been issued. oft two (2) years. Signature_ Date_812:14 Please Return Completed Application with Fees to: Gf City of Dunn Planning Department 102 N Powell Ave POI Box 1065 Dunn NC: 28335 Telephone (910)230-3505 Street Closures October 31,2024 City of Dunn Public Parking! Lot behind Sherry's Bakery: 12:00 p.m. until November2, 2024, E. Edgerton St. from the alleywayt to S. Clinton Ave. 12:00 p.m. - 5:00 p.m. for amusement at7:00 p.m. rides to! be dropped off November 1, 2024 Lucknow Square from the entrance of Truist Bank to W. Broad St. - 6:00 p.m. until November Broad St. from Fayetteville Ave. to S. Clinton Ave. (US Hwy 301)-6:00 p.m. until November Fayetteville. Ave. from E. Cumberland St. (US Hwy 421)toW. Edgerton St.- -6:00 p.m. until E.B Broad St. (Block 300) from S. Clinton Ave. (US Hwy 301) to Magnolia Ave. - 3:00 p.m. until Edgerton St. from Railroad Ave. to S. Clinton Ave. (USI Hwy: 301)-6 6:00 p.m. until November Wilson Ave. from E. Cumberland St. (US Hwy 421)to! E. Harnett St. 6:00 p.m. until Railroad Ave. from E. Cumberland St. (US Hwy 421) to E. Harnett St. 6:00 p.m. until 2, 2024, at? 7:00 p.m. 2, 2024, at? 7:00 p.m. November 2, 2024, at 7:00 p.m. November 2, 2024, at 7:00p.m. 2, 2024, at 7:00 p.m. November 2, 2024, at 7:00 p.m. November 2, 2024, at 7:00 p.m. Special Event Permit Application, Page5 Checklist for Attachments Please make sure all required permits and information with necessary permit payments are included. Check or mark n/a with weymittd businesses, ABC Permit (ifa alcohol is tol be served or sold) - SOCAI disvict Tents/Temporary Membranes Permit Application SWPPlying mcix Own peymits MNoise Permit MTemporarys Sign Permit VProof ofl Insurance or Signed Waiver street closures, parking andi traffic patterns. FOR OFFICE USE: Planning Department: Inspections Department: Ma MPlease be sure to include Map(s) or Drawing(s) showing location of event, activities, requested Ma Police Department: City Clerk, if required: City Manager, if required: Date Received: Date Approved/Denied: Date of Notification to Applicant: 9/3/2024 Staff Name_ Staff Signature_ TOE MMH a 3 274 tr) yeR VOITY 162A. EMEEHE ISTMyVeIA EHEBE y8VI EPPRROnnaban nahnaa FEEAE HoPI EHE arolina MDUNN city afdunn sotar cmyly salters TEMPORARY SIGN PERMIT APPLICATION The following conditions are listed for the convenience oft the temporary: sign permit applicant. Refer to the current fiscal year adopted fee schedule for permit costs. Sec 22-296 (3). Portable signs. a. Size: Portable signs shall not exceed thirty-two (32) square feet in surface area, a maximum height of six (6) feet, andt the total aggregate fora alls signs for as single project shall note exceed sixty-four (64) square feeti in b.7 Time limit: Permits for portable signs may be: approved for one (1) tot thirty (30) days. No signo or other form of advertisement: shall be exhibited for moret than seven (7) days prior to the day ofas sale or activity ist to C. Removal of signs: Signs shall be removed at the close oft the special event or activity and shall not be displayed d. Additional regulations: No more than one (1) portable sign, with or without wheels, shall be permitted ona A permit fora a portable sign may not bei issued againi for the same business or occupancy fora a period of twelve (12) Section 22-296 (6). Banners and windblown signs. Initial business opening, sale, or special event: a. Size: Each sign shall note exceed thirty-two (32) square feet int total aggregate. Each parcel shall be alloweda maximum of 3 signs witha at total square footage not to exceed forty-eight (48) square feet. b. Time limit: Permits for banners or windblown signs may be approved for one (1) to thirty (30) days. No signo or other form of advertisement. shall be exhibited for more than: seven (7) days prior to the day of openingas store C. Removal ofs signs: Signs shall be removed at the close oft the special event or activity and: shall not be displayed d. Additional regulations: Such signs may be freestanding or attached to any part of the building wall. Banners surface area. Alls signs not attached tol building structures shall bes self-supporting. commence. after the expiration of the permit or the close oft thes special event or activity. parcel ofl land for ag grand opening, special sale, special event or similar activity. calendar months. or activity ist to commence. after the expiration of the permit ort the close oft thes special event or activity. and windblown signs shall! be issued once a quarter each calendar year.. Ihereby certify that lunderstand thel listed conditions and will comply with all requirements and conditions. Signature of applicant Date Name of Business: Nowh (yolina CoMby FCPINAI I Owwn ANCA Towvism AVMDYY Business Address: 103 L. AMDWIAA S. DMM,NL 19334 Owner/Manager Name: (I9Y. BWIow Contact Phone Number:, AID-891-3192 Type, Number, & Square Footage of Sign(s): NAVIDAS AVASI, A WAWMS : VAMMINS Dates for Sign Placement: OUDbw 1- NoNtMlow 6 N pyywwoVA) Sians, DWww 21 - NWVMILV 2 hy VeMAwing C Approved by: Date: Receipt #: ACORD CERTIFICATE OF LIABILITY INSURANCE DATE MMDDPYY) 8/26/2024 THIS CERTIFICATE IS ISSUED AS AI MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED IMPORTANT: Ift the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. IFSUBROGATION IS WAIVED, subject to the terms and conditions oft the policy, certain policies may require an endorsement. A statement on REPRESENTATIVE ORI PRODUCER, AND' THE CERTIFICATE! HOLDER. this certificate does not confer rights to the certificate holder In lieu of such endorsementts). PRODUCER Snipes Insurance! Service, Inc. PO Box 1165 Dunn, NC, 28335 INSURED TOURISM POE BOX310 DUNN, NC, 28335 COVERAGES TR NSR A Sarah Algood HONE VC. No.Ext: (910) 892-2121 ADDRESS: mranempshnsuamacem INSURERA: West Bend) Insurance Company KENO (910) 892-5228 INSURER(S) AFFORDING COVERAGE NAICE 15350 INSURERB: INSURERC: INSURERD: INSURERE: INSURERF: DUNN AREA1 TOURISM AUTHORITY &AVERASBORO TOWNSHIP CERTIFICATE NUMBER: 1724702680534 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXGLUSIONS AND CONDITIONS OFS SUCHPOLICIES. LIMITS SHOWNI MAYI HAVEE BEENF REDUCEDE BYF PAID CLAIMS. TYPEOFINSURANCE x COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GENL AGGREGATELIMIT APPLIES PER: X poucy SECF LOC OTHER: AUTOMOBILEUABILITY ANYAUTO OWNED AUTOS ONLY AUTOSO ONLY UMBRELLALIAB EXCESS LIAB DED RETENTIONS WORKERS COMPENSATION ANDEMPLOYERS LIABILITY YPROPRIET (Mandatory! NH) yes, under DÉSCRIPTION OFOPERATIONS! below ADDLISUBR INSDWVD POLICYNUMBER B651926 POLICYEFF POLICYEXP 5/4/2024 11/4/2024 EACHOCCURRENCE LIMITS 1,000,000 100,000 Excluded 1,000,000 2,000,000 2,000,000 DAMAGE PREMISES TORENTED (Eag occurrence) S MEDE EXP (Any onep person) $ PERSONAL &A ADVI INJURY GENERAL AGGREGATE PRODUCTS- COMPIOPA AGG $ COMBNEDSNGLEIMIT $ BODILYINJURY (Perperson) $ BODILYI INJURY (Pereocident) $ PROPERIY DAMAGE EACHOCCURRENCE AGGREGATE TATUTE " ELEACHACCIDENT EL DISEASE- -EAEMPLOYEE! EL DISEASE- -POLICYLIMIT SCHEDULED AUTOS AUTOSONLY NON-OWNED OCCUR CLAIMS-MADE Y/N, NIA $ CLUDED? DESCRIPTIONG OF OPERATIONS /LOCATIONS VEHICLES (ACORD 101,Additional Remarkss Schedule,n mayt bea attachedifn mores spacelsr requlred) 2024 Block Party8 &: 2024 Cotton Festival CERTIFICATE HOLDER For Information Only XXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXX CANCELLATION SHOULD ANY OF1 THE ABOVE DESCRIBED! POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCOMDANICEMPMTEPCUCTN PROVISIONS. AITIONEDREPAEBCITAIME DCORPORATION. reserved. All rights Sad ACORD: 25 (2016/03) The ACORDI name andl logo are registered marks ofA ACORD RCLL POLICE CAZEA Dunn Police Department Permit to Exceed Noise Limits Name of Applicant: NoYw CAYDVA (ptwA FCTiVAL Dwm RVCA Towvim Avvwviry Address: 13 E. MLVIAMA S. DAMM,NG 18324 Contact number: A10-901-3192 Type ofattivtydeseriptiomt GDMyVwiy, (vont Date of Event: NON. 1 9 NON.2,202 Proposed Start time: NA.1-10:0DAm Proposed place: DONYOyM pwMn Number of People: 10,00D+ NDV. 1-700pm NOV.I-10:00 ym Proposed End time: N.1-40ym Name of person in charge of the event: iry BVlock - MMn AVA TMVim AMMoviy Address: 1D3 L. WMwIANA S owwn, NL 18334 Contact number: Ap-041-3142 Date application submitted: 9224 Signature of Applicant: E-Mail EB Address_ DEsu C dmntpwrsm.on ****** * ***Department Use Only* Application Received: Date: Time: Approved Approved (with stipulations) Disapproved 401 East Broad St. * Dunn, NC: 28334 * 910-892-2399 CEQVRR POLICE Signature (City Manager): Signature (ChiefofPolice): LISTANYSTIPULATIONS BELOW 401 East Broad St. * Dunn, NC 28334 *910-892-2399 CITY OF DUNN NORTH CAROLINA 18877 City Council Agenda Item Meeting Date: September 10, 2024 SUBJECT TITLE PRESENIENDEPARIMENT ATTACHMENT/S) NCDEQ Lead Service Line Replacement Program Funding NCDEQ Funding Offer; Resolution to Accept Offer and 5 Offer City Manager Neuschafer Acceptance documents PUBLIC HEARING PUBLISH DATES n/a PURPOSE: Toconsider approval of the North Carolinal Department of Environmental Quality (NCDEQ)Lead BACKGROUND: On October 20, 2023, NCDEQ's Division of Water Infrastructure's (DWI) State Water Infrastructure Authority (SWA) issued al Letter ofl Intent to Fund (LOIF) $500,000 for the City's usei in its Lead Service Line Replacement Project [No. SRF-D-LSL-0013). The project is to conduct an assessment and inventory (A&I) of lead and copper water lines throughout the City as required by the Environmental Protection Agency's (EPA) Lead and Copper Line Rule Revisions. On March 26, 2024, Council approved a Capital Project Ordinance for the project and retained KCI and Associates of North Carolina to conduct the On August 22, 2024, NCDEQ issued its formal funding offer to the City of Dunn approving total funding of $500,0001 for this project. The funding isi ini thet form ofa al loan where upt tos $300,000 of thel loan will bet forgiven and the remaining $200,000 of the loan will be repayable at 0% interest for a maximum of five (5) years. A loan fee of 2% ($10,000) will be invoiced by NCDEQ after the bids have been received. Funds will not be BUDGET IMPACT: Fundingi is provided by thel NCDEQ as noted above and future loan repayments will be Service Line Replacement Program Funding Offeri in the amount of $500,000. - Lead Service Line Inventory. The initial inventory is due October 16, 2024. disbursed until the offer is accepted. - budgeted int the Water and Sewer Fund and paid with water service fees. DUNN * RECOMMENDED COUNCIL MOTION/ACTION Motion to approve the attached Resolution accepting the August 22, 2024, NCDEQ -AIT cily REQUESTED OF Lead Service Line Replacement Program Funding Offer of $500,000. 1989 2013 CITY OF DUNN NORTH CAROLINA 1887 RESOLUTION TO ACCEPT FUNDS FROM THE DRINKING WATERSTATE REVOLVING FUND WHEREAS, on April 11, 2023, the City Council oft the City ofl Dunn, North Carolina, authorized staff to submit a grant application to the North Carolina Division of Water Infrastructure (NCDWI) foral lead service line inventory; and, WHEREAS, the City of Dunn received a letter from the North Carolina Division of Environmental Quality, Division of Water Infrastructure (NCDEQ/DWI) dated October 20, 2023, approving a Lead Service Line Replacement project as eligible to receive at total funding amount ofa $500,000 loan from the Drinking Water State Revolving Fund (DWSRF) Bipartisan Infrastructure Law (BIL) Lead Service Line Replacement Funds; and, WHEREAS, on August 22, 2024, the City of Dunn received a funding offer from the NCDEQ/DWI, formally approving the funding assistance referenced in the October 20, 2023, letter; and, WHEREAS, the terms of the loan funding allows for sixty percent, up to a maximum of WHEREAS, the completion of this inventory must occur before October1 1, 2024, NOW,THEREFORE, BEI IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF DUNN: That the City of Dunn does hereby accept the DWSRF BILI loan funding of $500,000; and, That the City of Dunn does hereby give assurance to the NCDWI that any Conditions or Assurances contained in the Funding offer and Acceptance award offer will be adhered to and that the City has substantially complied, or will substantially comply, with all federal, State of North Carolina (State), and local laws, rules, regulations, and ordinances applicable to the project; and to federal and State That the City Manager, and successors sO titled, is hereby authorized and directed to furnish such information as the appropriate State agency may, request in connection with this project; to make the assurances as contained above; and to execute such other documents as may be required by the $300,000, to be forgiven and the remainder: repayable at zero percent interest; and, grant and loan terms pertaining thereto; and, North Carolina Department ofl Environmental Quality, Division of Water Infrastructure. Adopted this 10ch day of September. 2024. William P. Elmore Jr. Mayor ATTEST: Melissa Matti City Clerk Where community begins! Docusign Envelope ID: 38F05DOB-D69D-48D/-AC05-8F948DF01916 ROY COOPER Governor ELIZABETHS.I BISER Secretary SHADIESKAF Director NORTH CAROLINA Environmental Quality August 22, 2024 Mr. Steven Neuschafer, City Manager CityofDunn POI Box 1065 Dunn, NC 28335 SUBJECT: Lead Service Line Replacement Program Funding Offer City ofl Dunn Lead and Copper Service Assessment Project No.: SRF-D-LSL-0013 Dear Mr. Neuschafer: The City ofDunn has been approved for funding assistance according to the subject funding offer. This offer is made subject to the Assurances and Conditions attached to this document. Upon your acceptance, please submit the following items to the Division, via email at 1. One (1)c copy oft the original Offer and Acceptance Document executed by the Authorized Representative for the project, along with the Conditions and A resolution adopted by the governing body accepting the funding offer and making the applicable Conditions and Assurances contained therein. A sample of DEO.DWIFundingonfer@deg.negove Assurances. Retain a copy for your files. 2. as suggested format is enclosed. 3. The Federal Identification Number and Unique Entity ID Number oft the Recipient (UEID required for federally funded projects) Sales-Tax Certification (form enclosed) 4. Please note that closing costs for the current loan are 2% of the total loan amount, which The enumerated items above as well as the payment of closing fees are due before disbursements can begin. Disbursement requests are to be submitted via Laserfiche at the following link: htps/edocsdegncgov/fomDW.Daument-Upload-Fom. is-$10,000. Please use the attached invoice to remit payment. NorthCarolinal Department ofE Environmental Quality Division of Waterl Infrastructure DEQ 512N. Salisbury Street 11 1633Mails Service Center I Raleigh, North Carolina: 27699-1633 919.7079160 Docusign Envelope ID: B8F0s00BD8D-4807-AC4F9480F01916 IVIT. oieven Neuscnaicr, CILy Manager City ofDunn August 22, 2024 Page 2of2 Areference copy ofthe Disbursement Request Form (also found on the DWI website) Please note that disbursement of loanj funds is contingent upon debt approval by the Local Government Commission (LGC). You may coordinate debt approval directly has been enclosed for your convenience. with the LGC by e-mail at v/@nctreasurer.com: On behalfoft the Department of Environmental Quality, I amj pleased to make this funding offer. Should youl have any questions concerning this offer of funding, or any of the stipulations outlined ini this offer package, please contact Jim Morrison, P.E., either by telephone at 919.707.9157 or by e-mail atj mmorson@aegmego. Sincerely, Docusignedby: Styanit Suur ShadFEskr"Director on behalf of Division ofWater Infrastructure, NCDEQ Enclosures: Offera and Acceptance Document Assurances & Conditions Federal ID: and UEID Number Request Memo Resolution to Accept Funding Offer (suggested format) Sales-Tax Certification Form Disbursement Request Form Site Certification Capital Project Ordinance (sample) Closing Fee Invoice ec: Kevin Richards, P.E., The Wooten Company krchards@tnewootencompany.com, Mark Hubbard, P.E. (via DocuSign) Renee Parkman, P.E. (via DocuSign) Jim Morrison (via DocuSign) Carrie Shortt (via DocuSign) Teresa Tripp (via DocuSign) DEO.DWIFundingoffer@deg,negoy DWI Agreement ID: 200070459/COMLLOX) Docusign Envelope ID: 38F05DOB-D69D-48D7-AC05-8F948DF01916 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER INFRASTRUCTURE Funding Offer and Acceptance Legal Name and Address of Award Recipient Project Number: SRF-D-LSL-0013 Assistance Listing Number: 66.468 Unique Entity IDI Number: MLLCTPVM8A39 City of Dunn PO Box 1065 Dunn, NC28335 Funding Program Drinking Water Stormwater Wastewater X Additional Amount for Previous Total Total Offered Funding Increases BIL-DWSRF-LSLR Fund Repayable Loan BIL-DWSRF-LSLR Fund Principal Forgiveness State Reserve Loan State Reserve Grant State Reserve Earmark (S.L. 2023-134) American Rescue Plan Act- - Choose an item. Project Description: Lead and Copper Service Assessment K X $200,000 $300,000 Total Financial Assistance Offer: Total Project Cost: Estimated Closing Fee**: For Loans Interest Rate: Maximum Loan" Term: $500,000 $500,000 10,000 0% Per Annum 5) Years Federal conditions and requirements will also apply to S.L. 2023-134, projects co-funded with) federal funds. ** Estimated closing fee calculated based on grant and loan amount. Pursuant to North Carolina General Statute 159G: The applicant is eligible under Federal and State law, The project is eligible under Federal and State law, and The project has been approved byt the Department of Environmental Quality as having sufficient priority to The Department of Environmental Quality, acting on behalf of the State of North Carolina, hereby offers the financial receive financial assistance. assistance described int this document. For The State of North Carolina: DocuSignedby: Stuplanit Swur -ECDB3F178E434D9: Signature On Behalf of: Name of Representative in Resolution: Title (Type or Print): Shadi Eskaf, Director, Division of Water Infrastructure North Carolina Department of Environmental Quality on behalf of Shadi Eskaf 8/22/2024 Date City of Dunn Lt the undersigned, being duly authorized to take such action, as evidenced by the attached CERTIFIED COPY OF AUTHORIZATION BY THE APPLICANTS GOVERNING BODY, do hereby accept this Financial Award Offer and will comply with the attached Assurances and the Standard Conditions. Signature Date Docusign Envelope ID: B8F05DOB-D69D-48D7-AC05-8F948DF01916 APPLICABLE STANDARD CONDITIONS* Project Applicant: City of Dunn Project Numbers: SRF-D-LSL-0013 1. Social Authorities: Title VI of the Civil Rights Act of 1964, Section! 504 of the Rehabilitation Act, The Age Discrimination Act of 1975, Section 13 oft the Federal Water Pollution Control Act Amendments of 1972, and Equal Employment Opportunity (Executive Order No 11246, as amended) which prohibits activities that are intentionally discriminatory: and/or have a discriminatory effect based on race, color, religion, sex, sexual 2. Environmental. Authorities: National Environmental, Act, National Historic Preservation Act, Archeological and Historic Preservation Act, Protection of Wetlands, Flood Plain Management, Farmland Protection Policy Act, Coastal Zone Management Act, Coastal Barriers Resources Act, Wild and Scenic Rivers Act, Endangered Species Act, Essential Fish Habitat and the Safe Drinking Water Act applicability will be determined upon submittal of an 3. Acquisition of Real Property must comply with all applicable provisions of the Uniform Relocation and Real Property Acquisition Policies Act of 1970 (PL 92-646), as amended. The applicant shall certify that it has or will have at fee simple or such other estate or interest in the site of the project, including necessary easements and rights-of-way, to assure undisturbed use and possession for the purpose of construction and operation for the 4. Specific MBE/WBE (DBE) forms and instructions are provided that are to be included in the contract specifications. These forms will assist with documenting positive efforts made by recipients, their consultants and contractors to utilize disadvantaged businesses enterprises. Such efforts should allow DBES the maximum feasible opportunity to compete for subagreements and subcontracts to be performed. Documentation of efforts made to utilize DBE firms must be maintained by all recipients, and construction contractors, and made 5. Debarment and Suspension, Executive Order No. 12549: Subrecipients shall fully comply with Subpart Co of20 CFR Part: 180 entitled, Responsibilities of Participants Regarding Transactions Doing Business with Other Persons,"as implemented and supplemented by 2 CFR Part 1532. Recipient is responsible for ensuring that any lower tier covered transaction, as described in Subpart B of2CFRF Part 180, entitled "Covered Transactions," includesat term or condition requiring compliance with Subpart C. Recipient is responsible for further requiring the inclusion ofa similar term or condition in any subsequent lower tier covered transactions. Subrecipients may access: suspension and debarment information at: http/www.sam.goy. This system allows subrecipients to perform searches 6. The construction contract(s) requires the contractor to adhere to Davis Bacon and Related Acts Provisions and Procedures as listed in the Code of Federal Regulations Chapter 29 Part 5 Section 5 (29 CFR 5.5). Public Law pertaining toi thisi is also enacted in Title 40, United States Code, Subtitle IIS Section 3141 through Section 3148. 7. Asre required by! H.R. 3547, "Consolidated Appropriations Act, 2014" Section 436, Division G, Title IV, this project is subject to American Iron and Steel provisions. The State provides detailed requirements to be included in the 8. Section 603(d)(1)(E) of the Federal Water Pollution Control Act requires subject projects to develop and implement a Fiscal Sustainability Plan (FSP) for projects that involve the repair, replacement or expansion of publicly owned treatment works. Note that FSPs are not required for new treatment works. The certification 9. Section 602(b)(14) of the Clean Water Act requires projects receiving CWSRF funding to comply with Federal engineering procurement guidelines. The State provides a certification form that must be completed prior to orientation, gender identity, or national origin. Environmental Information Document (EID) during the Engineering Report review process. estimated life of the project using a certification form provided by DEQ. available upon request. determining whether an entity ori individual is excluded from receiving Federal assistance. construction contract specifications. provided must be submitted regarding compliance with this section oft the Act. receiving funds for any engineering services covered under this funding offer. Docusign Envelope ID: B8F05DOB-D69D-48D7-AC05-8F948DF01916 10. Pursuant to 2 C.F.R. S 200.216, subrecipients cannot obligate SRF funds to: (1) procure or obtain; (2) extend or renew a contract to procure or obtain; or (3) enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services (as described in Public Law 115-232, Section 889) as a substantial or essential component of any system, or as a critical *Note:1 1 does not require anything tol bes submitted. 8and9apply tot the CWSRF only. Details ond all oft these conditions can bej found the EPA Cross- technology as part of any system. Cutter handbook. ASSURANCES Project Applicant: City of Dunn Project Numbers: SRF-D-LSL-0013 1. The Applicant intends to construct the project or cause it to be constructed to final completion in accordance The recipient acknowledges that in the event a milestone contained in the most recent Clean Water State Revolving Fund Intended Use Plana and/or the Letter of Intent to Fund is missed, the Department of Environmental with the Application: approved fori financial assistance by the Division. Quality will rescind this Funding Offer. 2. The Applicant is responsible for paying for the costs ineligible for SRF funding. applicable requirements of State and local laws and ordinances. 3. The construction of the project, including the letting of contracts in connection therewith, conforms to the 4. As of the acceptance of this Funding Award Offer, steps A-D in the SRF Guidance will be complete. These Assurances, likewise, incorporate the most recent version oft the SRF Guidance, and the Applicant hereby certifies by accepting this Funding Award Offer that it will adhere tot the subsequent steps in the SRF Guidance document. The remaining steps generally govern project design, bidding, contracting, inspection, disbursements, closeout and repayment. 5. The Applicant will provide andi maintain adequate engineering supervision and inspection. 6. The recipient agrees to establish and maintain a financial management system that adequately accounts for revenues and expenditures. Adequate accounting and fiscal records will be maintained during the construction of the project and these records will be retained and made available for a period of at least three years following 7. AII SRF funds loaned shall be expended solely for carrying out the approved project, and an audit shall be performed in accordance with G.S. 159-34. Partial disbursements on this loan will be made promptly upon request, subject to adequate documentation ofi incurred eligible costs, and: subject to the recipient's compliance with the Standard Conditions of this Award. The Applicant agrees to make prompt payment to its contractor, 8. The applicant will expend all of the requisitioned funds for the purpose of paying the costs of the project within three (3) banking days following the receipt of the funds from the State. Please note that the State is not a party tot the construction contract(s) and the Applicant is expected to uphold its contract obligations regarding timely 9. The applicant acknowledges that loan funds contained in this Funding Offer require approval from the North completion of the project. and to retain only such amount as allowed by North Carolina General Statute. payment. Carolina Local Government Commission before they can! be disbursed. CITY OF DUNN NORTH CAROLINA 1887 Council Item City Agenda Meeting Date: September 10, 2024 SUBJECTTITLE PRESENTENDEPARIMENT ATTACHMENT/S) Paving Project Steven Neuschafer- - City Manager PUBLIC HEARING PUBLISH DATES n/a PURPOSE: To review the 2021 Citywide Pavement Condition Survey Report and update the City Council BACKGROUND: In2 2021, the City retained SEPI Engineering and Construction, Inc. (SEPI), to perform a Pavement Condition Survey on the City's street system. The Report was presented to the City Council on November 15, 2021. Utilizing the then-existing Powell Bill map of the City's 66 miles of paved streets, the Report found that 3% (2.01 miles) were in Excellent condition, 26% (17.27 miles) were in Good condition, 67% (44.18 miles) were in Fair Condition, 3% (2.27 miles) in Poor Condition, and 1% (0.39 mile) in Failed condition. Based on these findings, SEPI recommended a Pleservation/Prevenlive strategy for the Good roads and a Rehabilitation strategy for the Poor and Fair roads. The estimated cost to execute these strategies was $15,717,120, therefore SEPI suggested implementation of aj pavement management system Int the Spring of 2023, ani initial phase of the paving project wasi implemented. This $1,200,000 project was On August 6, 2024, the Cityi issued al Request for Qualifications (RFQ) fore engineering services for the design and implementation of a paving rehabilitation project based on the findings of the 2021 SEPI study. The selected firm will be responsible for finding the most tcost-effective wayt tor maximize the use of available funds earmarked for the project and the scope of services will include project design, budget development, construction administration, and other services relevant to oversight of the paving project. BUDGET IMPACT: Itis anticipated that the City will apply for al USDA loan to fund the paving project and use the revenues from the 2025 ad valorem tax rate increase for debt service on thel loan. on how the recommendations within the report can be further implemented. top prioritize the work. funded by as $1,000,000 loan with the balance from the City's general fund reserves. DUNN RECOMMENDED MOTION/ACTION REQUESTED OF COUNCIL 1989 *2013 CITY OF DUNN NORTH CAROLINA 1887 Council Item City Agenda Meeting Date: September 10, 2024 SUBJECT TITLE PRESENTENDEPARINENT ATTACHMENTIS) PUBLIC HEARING PUBLISH DATES Offer to Purchase 19.68 Acres of City Property Billy Godwin - Assistant City Manager Letter of Intent to Purchase; Resolution; GIS; Survey PURPOSE: To consider al Letter of Intent from NVR to Purchase 19.68 acres of City property. BACKGROUND: On August 30, 2024, the City of Dunn received from NVR, Inc., a Letter of Intent to Purchase (LOIP) 19.68 acres of City property located on the souths side of East. Johnson Street. The property is further identified as Harnett County PIN 1526-08-5581.000 and is also that 20.00 acres (net) shown on Map 2004, Page 1244, Hamett County Registry. The property is currently zoned as R-20. The LOIP is attached but its principal terms include: Purchase Price of $250,000 with a $12,500 Earnest Money Deposit. $5,000 Due Diligence Fee and a 90 Day Due Diligence Period (if high bidder). Closing to be within 30 Days of Construction Drawing Approval. G.S. 160A-269 provides that when a city proposes to accept an offer to purchase real property, the Council shall require a bid deposit of 5% and publish a Notice of the Offer that contain a general description of the property, the amount and terms of the offer, and a notice that within 10 days any person may raise the bid by not less than ten percent (10%) of the first one thousand dollars ($1,000) and five percent (5%6) of the remainder. If al bid is raised (ie. upset), the new bidder must deposit with the city clerk five percent (5%) of thei increased bid, and the clerk readvertises the offer at thei increased bid. This procedure is repeated until no further qualifying upset bids are received, at which time the Council may accept the offer and sell the Ift the Council proposes to accept the offer, the next step would be to adopt a Resolution Authorizing Upset Bid and to direct the clerk toy publish the Notice of Sale by Upset Bid. After the upset bid period expires and the Council elects to accept the offer of the highest bidder, the City and buyer would execute a formal property tot the highest bidder. The Council may at any time reject any and all offers. purchase agreement binding the parties. BUDGET IMPACT: Proceeds of the sale of this property would go to the General Fund. RECOMMENDED Motion to () adopt the Resolution Authorizing Upset Bid Process for the real MOTION/ACTION property identified as Harnett County PIN 1526-08-5581.000: and, (i) to direct the *** REQUESTED OF City Clerk to advertise the Notice of Sale by Upset Bid oft that property. DUNN APAI COUNCIL 1989 *2013 CITY OF m DUNN 1887 NORTH CAROLINA Resolution Authorizing the Upset Bid Process WHEREAS, the City of Dunn owns certain property, identified as follows: Being that 19.68 acres of City property located on the south side of East Johnson Street and further identified as Harnett County PIN 1526-08-5581.000 and is also being that 20.00 acres (net) shown on Map 2004, Page 1244, Harnett County Registry. WHEREAS, North Carolina General Statute S 160A-269 permits the City to sell property by WHEREAS, the City has received an offer to purchase the property described above, in the WHEREAS, NVR, Inc., has paid the required five percent (5%) deposit on the offer, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUNN RESOLVESTHAT: 1. The City Council authorizes sale of the property described above through the upset bid procedure of North Carolina General Statute S 160A-269. 2. The City Clerk: shall cause a notice of the proposed sale to be published. The notice shall describe the property and the amount of the offer and shall state thet terms under which 3. Persons wishing to upset the offer that has been received shall submit a sealed bid with theiroffer to the office ofthe City Clerk within 10 days after the notice ofs sale is published. Att the conclusion oft the 10-day period, the City Clerks shall open the upset bids, ifany,and the highest such bid will become the new offer. If there is more than one upset bidi in the 4. Ifa qualifying higher upset bid is received, the City Clerk shall cause a new notice of upset bid to be published, and shall continue to do so until a 10-day period has passed without any qualifying upset bid having been received.. At that time, the amount of the final high 5. A qualifying higher upset bid is one that raises the existing offer by not less than ten percent (10%) oft the first $1,000.00 of that offer and five percent (5%) of the remainder 6. Aqualifying higher upset bid must also bea accompanied by a deposit int the amount of five percent (5%) of the bid; the deposit may be made in cash, cashier's check; or certified check. The City will return the deposit on any! bid not accepted and will return the deposit on an offer subject to upset ifac qualifying higher bid is received. The City will return the upset bid, after receipt of an offer for the property; ;and amount of $250,000, submitted by NVR, Inc. the offern may be upset. highest amount, the first such bid received will become the new offer. upset bid shall be reported to the City Council. of that offer. deposit oft the final high bidder at closing. 7. The terms oft the final sale are that -the City Council must, ifit decides to accept the final high offer, approve the final high offer before the sale is closed, which it will do within 30 days after the final upset bid period has passed, and -thel buyer must pay with cash at the time of closing. 8. The City reserves the right to withdraw the property from sale at any time before the final high upset bidi is: accepted and further reserves the right to reject at: any time alll bids prior 9. Ifno qualifying upset bid is received after the period in the initial public notice, the City Council may accept the initial offer set forth above without further published notice. For an accepted bid, the appropriate city officials are authorized to execute the instruments toa accepting any bid. necessary to convey the property to Buyer. Adopted this 10th Day of September, 2024. William P. Elmore Jr. Mayor ATTEST: Melissa Matti City Clerk Where community bgins! Business Use Only NVR NVR August 30, 2024 City of Dunn POI Box 1065 Dunn, NC: 28335 Re: Intent to purchase -/+: 19.68-acre: site PIN#: 1526-08-5581 Please accept this correspondence as NVRS/Purchaser" Letter of Intent to enter into a Raw Land Purchase agreement to purchase the property located in Harnett County under thet followingt terms and conditions: 1. Property: The Property will consist of approximately +/-19.68 acre. PARCELI D#1526-08-5581 2. Total Purchase Price: a. Purchase Price: b.Closing: approval. c.D Deposit: outlined below: The Purchase Price for the parcel noted will be two-hundred fifty thousand dollars ($250,000). The Purchaser shall close on the Property within thirty days (30 days) of Construction Drawing (CD's) The Purchaser shall deliver to the Seller at total of 5% of the purchase price for a total of Twelve thousand five-hundred dollars ($12,500) as an Earnest Money deposit. The Earnest Money deposit willl be staged as Within five (5) business days after the City of Dunn Town Council accepts the bid Twelve thousand five- After the public bid process is completed and Town Council accepts the offer by NVR, Inc. Five- thousand-dollar ($5000) non-refundable Due Diligence fee is to be taken from the initial Earnest hundred dollars ($12,500) shall be deposited in escrow. money in escrow. 3. Feasibility Period: Purchaser shall have Ninety Days (90) for thel Due Diligence (the "Feasibility Period"). All inspections shall be accomplished at Purchaser's expense, provided that Sellers shall cooperate with Purchaser as necessary. All deposits paid during the Feasibility Period shall remain refundable during the term of the Feasibility Period other than the Due Diligence fee of five-thousand dollars ($5000). 4. Title: Title to the Property shall be good and marketable, free of liens and subject only to "permitted exceptions" as determined by the Purchaser during the Feasibility Period. Business Use Only NVR NVR- Confidential 5. Assignment Purchaser shall have the right to assign the Agreement of Sale for the Property to an experienced investor and/or developer in the reale estate industry. 6. Brokerage Commission Any claim of commission or fees due shall be the obligation of Sellers int the event Sellers have procured such Oncet these terms are accepted, please sign below andr return a copyt to me. Iwillt then engage counsel to preparea Rawl Land Purchase agreement for your review and approval. Wel look forward to entering into a mutually beneficial brokerage services through separate agreement. Raw Land Agreement with you. Sincerely, Jackie Grissett Jackie Grissett General Manager- Land Raleigh Region Cc:L Lou Baker Accepted and acknowledged by: Date_ Harnett COUNTY NORTH CAROLINA Harnett County GIS PID: 02151720110025 PIN: 1526-08-5581.000 Account Number:1 1400013173 Owner: DUNN CITYOF Mailing Address: PO BOX1 1065 DUNN, NC: 28335-1065 Physical Address:E EJ JOHNSON: STNCac Description:: 21.49ACS SHAMROCKI DENANINGMPI200A-1244 Surveyed/Deeded. Acreage:: 20 Calculated Acreage: 19.68 Deed Date: 1104296400000 Deed Book/Page: 2026- -0104 PlatfSurvey)! Book/Page:- Last Sale: 2004- 12 Sale Price: $0 Qualified Code: Vacanto or Improved:V Transfer ofs Split:T Actual Year Built: Heated Area: :SqFL Bullding Count: :0 1001 Building Value: $0 Parcel Outbuilding Value: $0 Parcell Land Value: 77930 Market Value: $77930 Deferred Value: $0 TotalA Assessed Value: $77930 Zoning: R-20 SINGLE FAMILY- 19.68 acres (100.0%) Zoning. Jurisdiction: Dunn Wetlands:' Yes Within1 1mlc of Agriculture District: No Elementary School: Dunn Elementary Middle Schoo!: Dunn! Middle High School: Triton! High Fire Department: Dunn EMS Department: Medic 15, D15E EMS Law Enforcement: Dunn Police Voter Precinct: EastA Averasboro County Commissioner: Barbara! McKoy School Board Member: Sharon Gainey FEMAFlood: 100) Year Flood Plain,500 Year Flood Plain,Minimal Flood Risk cESSOENNS / OZIE .9SPDZN 133HIS NOSNHOF ET COU ORTN CARDIE KIMBERLY S. HARGROVE REGISTER OF DEEDS, HARNETT 305 W CORNELIUS HARNETT BLVD SUITE 200 LILLINGTON, NC 27546 PLEASE RETAIN YELLOW TRAILER PAGE Iti is part of reçorded document, and must be submitted with original for re-recording and/or cancellation. Flled For Registration: 12/09/200401:30:17 PM Book: PLAT 2004 Page: 1244-1245 Document No.: 2004022896 MAP 2PGS $21.00 Recorder: ELMIRA MCLEAN State of North Carolina, County of Harnett KIMBERLYS.HARGROVE,REGISTER OF DEEDS By:. Ehus MLsan DeputyiAsint Register of Deeds 2004022896 CLOSED SESSION CRITERIA (Specify one or more of the following permitted reasons for closed sessions) Move that we go into closed session in accordance with: Prevent the disclosure of privileged information [N.C.G.S. 143-318.11(a)(1)1 Under the North Carolina General Statutes or regulations. Under the regulations or laws of the United States. I [N.C.G.S. 143-318.11(a)/(2) [N.C.G.S. 143-318.11(a/3) Consult with the Attorney Prevent the premature disclosure of an honorary award or scholarship To protect the attorney-client privilege. administrative procedure, or judicial action. To consider and give instructions concerning a potential or actual claim, To consider and give instructions concerning a judicial action titled T VS [N.C.G.S. 143-318.11(a)(4)1 area served by this body. [N.C.G.S. 143-318.11(a)5)) To discuss matters relating to the location or expansion of business in the To establish or instruct the staff or agent concerning the negotiation of the price and terms of a contract concerning the acquisition of real property To establish or instruct the staff or agent concerning the negotiations of the amount of compensation or other terms of an employment contract. To consider the qualifications, competence, performance, condition of appointment of a public officer or employee or prospective public officer or To hear or investigate a complaint, charge, or grievance by or against a located at (OR) [N.C.G.S. 143-318.17(a)6) employee. (OR) public officer or employee. [N.C.G.S. 143-318.11(a)071 criminal conduct. To plan, conduct, or hear reports concerning investigations of alleged School violence 143-318.11(a)8) and potential terrorist activity (9). To discuss and take action regarding plans to protect public safety.