Kinston City Council  AGENDA  TUESDAY, JANUARY 2, 2024  Regular Meeting at 5:30 pm  Mayor Don Hardy  Mayor Pro Tem Antonio Hardy  Counclmembers Barbara Seaforth Felicia Solomon Chris J. Suggs Robert Swinson    Agenda Kinston City Council City Hall  207 East King Street Tuesday, January 2, 2024 Regular Meeting at 5:30 pm  This meeting will be held inj person and published electronicallyat tp/acehookcom/imstoncipylal Vailobie for viewing on the Tocal government chamels2: and 02  REGULAR MEETING  Call to Order-- Prayer- Pledge of Allegiance Council Members' Roll Call  Mayor Don Hardy  Pastor Michelle Gooding, Herring Grove FWB Church  CITIZEN COMMENT  Citizens must sign in before thes start oft the meeting ifthey wish to address the City Council.  Citizens shoulds state their name and address before beginning their comments andi may speak up for a maximum of3 minutes. Citizens seeking assistance or asking questions willl be contacted by ar member oft the Govering Body orb by appropriate City Staff  Adoption oft the Agenda  Ifac Councilmember wishes to revise the agenda, the Motion to add or delete an item will be entertained  before the Adoption ofthe Agenda.  Motion/Second  MINUTES  Consider approval oft the minutes oft the City Council meeting held on December 5, 2023  Debra Thompson  Motion/Second  PRESENTATIONS/RECOGNITIONS  1.J January 1,2024, Retiree Presentation--  -Tiffany Smith  Blaine Hargett - Recreation Supervisor, Kinston/Lenoir County Parks & Recreation Dept.  ACTION AGENDA  1. Consider adoption ofal Resolution to accept a $2 million grant from the NC Land & Water Fund for  construction oft the Adkin branch Flood Mitigation Project-- 2. Information only. Glen) Raven Milll Request for Proposals- 3. Discussion and Direction on Social Districts--  Steve Miller Elizabeth Blount Elizabeth Blount  Motion/Second  Motion/Second    Kinston City Council Agenda  Tuesday, June 6, 2023  4. Consider donation or license agreement for 808 N. East Street  -Mayor Don Hardy  Motion/Second  CITY MANAGER'S REPORT  1. Kinston 101 Update---  -Rhonda Barwick  CITY ATTORNEY'S REPORT  MAYOR AND COUNCILMEMBER REPORTS  CLOSED SESSION  1. Closed Session pursuant tol NCGS 143-318.11 (a)(3) to consult with the Attorney  ADJOURNMENT    City of Kinston City Council Agenda  OFSLIR  Meeting Date: Tuesday, January 02,2024  Agenda Section: Presemtaton/kerogntion Item Request: Information Only  Agenda Item to be Considered  Presenter: Tiffany Smith, Human Resources Director Subject: January 1,2 2024 Retiree Presentation  Action Requested: None  Supporting Documentation: None  Department Head's Approval X  City Manager's Approval xRB  Budgetary Impact:  R None  Budgeted  Needs Budget Ordinance  Presentation of one retiree who will retiree January 1,2024  Blaine Hargett- Recreation Center Supervisor, Kinston/Lenoir County Parks and Recreation Dept  Updated September 203.6    City of Kinston City Council Agenda  OSUI  Meeting Date: Tuesday, January 02, 2024  Agenda Section: Action Agenda Item Request: Resolution  Agenda Item to be Considered  Presenter: Steve Miller, Public Services Director Subject: NCLand & Water Fund Grant Acceptance  Action Requested: Consideradoption ofai resolution to accept a $2 million grant from thel NCLand & Water  Fund for construction of the Adkin Branch Flood Mitigation Project. Supporting Documentation: memo, resolution, agreement  Department Head's Approval  Ww  City Manager's Approval. RB  Budgetary Impact:  None  Budgeted  R Needs Budget Ordinance  Staff] Recommendation: Adopt Resolution  VpatadsApanbnt 2056    KINSTON PUBLIG SERVIGES Buildings & Grounds, Business Office, Eleciric, Engineering, Environmental Services, Fleet Maintenance, Meter Reading, Stormwater, Streets, Wastewater, and Water Kinston, the right plac. - Kinston Public. Servics, the right dhoice.  Kinston 2009  MEMORANDUM  TO: FROM: DATE: RE:  Rhonda Barwick, City Manager Steve Miller, Public Services Director  al  December 18, 2023 Acceptance of Grant Funding NCLand and Water Fund  2022-FRR26- - Kinston - Adkin Branch Flood Mitigation Phase IConstruction  In. July, 2022, the City ofKinston applied for grant funding from the North Carolina Land and Water Fund Flood Risk Reduction Grant Program (NCLM) for construction ofthe Adkin Branch Flood Mitigation Project. Thej program was established with an appropriation of$15 million by the State of North Carolina, with the goal to "reduce flood risks through the design, implementation, and Kinston was invited to submit ai full application in October, 2022 and was awarded $2 million in February, 2023. NCLM sent Kinston a grant contract last week, which will need to be executed online by the City Manager to accept the funding. A resolution is attached to accept the grant and authorize the City Manager to complete any required documents. I've also attached the grant contract which will  preservation ofr nature-based infrastructure."  be executed online by the City Manager upon the adoption oft the resolution.    RESOLUTION BY GOVERNING BODY OF APPLICANT  WHEREAS, the North Carolina Land and Water Fund ("NCLWF") was established by N.C.G.S. Chapter  143B, Article 2, Part 41 as a special revenue fund to be administered by the North Carolina Department of Natural and Cultural Resources ("NCDNCR"). The NCLWF receives revenue from the following sources and may receive revenue from other sources: (1) annual appropriations, (2) special registration plates under G.S, 20-81.12, (3) other special registration plates under G.S. 20-79.7, and (4) hazard mitigation funds from the Federal Emergency Management Agency and other agencies; and acting through its Board of Trustees solely in its official capacity pursuant to Part 41, Artlcle 2, Chapter 143B of the North Carolina General Statutes ("N.C.G.S."), hasoffered: a Flood Risk Reduction Grant in the amount of $2,000,000 for the Adkin Branch Flood  WHEREAS, the NCLWF, a division of the Department of Natural and Cultural Resources ("DNCR"),  Mitigation Phase IConstruction Project, and  WHEREAS, The City of Kinston intends to perform said project in accordance with the agreed scope  ofwork,  NOW THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF KINSTON:  That, the City of Kinston, does hereby accept the Flood Risk Reduction Grant offer of That the City of Kinston does hereby give assurance to the NCLWF that any Conditions That Rhonda Barwick, City Manager, and successors sO titled, is hereby authorized and directed to furnish such information as the appropriate agency may request in connection with such application or the project; to make the assurances as contained above; and to execute such other documents as may be required by the NCLWF. Adopted the 2nd day ofJ January, 2024 at Kinston, North Carolina.  $2,000,000.  orA Assurances contained in the Award Offer will be adhered to.  CERTIFICATION BY RECORDING OFFICER  The undersigned duly qualified and acting Deputy City Clerk of the City of Kinston does hereby certify: That the above/attached resolution is a true and correct copy of the resolution authorizing the filing of an application with the State of North Carolina, as legally adopted at a regularly convened meeting of the City of Kinston's City Council duly held on the 2nd day of January, 2024; and, further, that such resolution has been fully recorded in the journal of proceedings and records in my office. IN WITNESS  WHEREOF,1 have hereunto set my hand this 2nd day of January, 2024.  Althea Simmons, Deputy City Clerk    Docusign Envelope ID: 08613CAB-B5DE-4D2E-8FBA-94455C1E8169  STATE OFNORTH CAROLINA NORTH CAROLINA LAND. AND WATER FUND (FLOOD RISKI REDUCTION- GOVERNMENT)  GRANT CONTRACT- RESTORATION OFI DEGRADED STREAMS OR OTHDR WATERS  NCLWFPROJECT: GRANTOR:  2022-FRR26- Kinston- Adkin! Branch Flood Mitigation Phase I Construction North Carolina Land and Water Fund ("NCLWF),a division of the Department ofNatural and Cultural Resources ("DNCR"), acting through its Board of Trustees solely in its official capacity pursuant to Part 41, Article 2, Chapter 143B ofthe North Carolina General Statutes ("N.C.G.S.") Steve Bevington North Carolina Land and Water Fund 1651 Mail Service Center Raleigh, NC27699-1651 Phone: (919) 707-9478 Email; evelevngon@umctacgen City ofl Kinston, al North Carolina Local Government Unit ("Grant Recipient")  Grantor Contract Administrator:  GRANT RECIPIENT:  Grant Recipient Federal L.D. Number": 56-6001259 Grant Recipient Fiscal Year End) Date: June 30  Grant Recipient Contract. Administrator: Henry McLean, Engineering Project Manager  P.O Drawer 339 Kinston NC28502 Phone: (252)939-3240 Emai!: tymocm@eamtnna.s  GRANT AWARD DATE: February 28, 2023 ("Award Date")  CONTRACTEPPECTIVE: DATE: CONSTRUCTION CONTRACTDATK:  ("Effective Date")  CONTRACT EXPIRATION: DATE: November 30, 2026 ("Expiration Date")  DEADLINE FORI RECEIPT BY NCLWF OF] REIMBURSEMENTIPAYMENTREQUESIS:  December 14,2026 ("Reimbursement Date") GRANT AMOUNT: upt to! $2,000,000 ("Grant") COMPANY: 4602 ACCOUNT: 536403 CENTER:2009  City ofl Kinston (NCLWF 2022-FRR26 Adkin Branch Flood Mitigation Phase IConstruction)  Pageld of25    DocuSign Envelope ID:  THIS GRANT CONTRACT ("Grant Contract") is made and entered into as of the Effective Date by and between the NCLWF and the Grant Recipient. Thel NCLWF and the Grant Recipient may hereinafter be referred toi individually as a "Parly" or collectively as the "Parties."  WITNESSETH:  WHEREAS, the NCLWF was established by N.C.G.S. Chapter 143B, Article 2, Part 41 as a special revenue fund to be administered by the North Carolina Department of Natural and Cultural Resources ("NCDNCR). Thel NCLWF receives revenue from the following sources and may receive revenue from other sources: (1) annual appropriations, (2) special registration plates under G.S. 20-81.12, (3) other special registration plates under G.S. 20-79.7, and (4) hazard mitigation funds from thel Federal Emergency Management Agency and other agencies; and WHEREAS, the NCLWF is authorized by N.C.G.S. Chapter 143B, Article 2, Part 41 to use the revenue in thel NCLWF for any of the following purposes: (1) to acquire land for riparian buffers for the purposes of providing environmental protection for surface waters and urban drinking water supplies and establishing a network of riparian greenways for environmental, educational, and recreational uses; (2) to acquire conservation easements or other interests in real property for the purpose of protecting and conserving surface waters and drinking water supplies; (3)toc coordinate with other public programs involved with lands adjoining water bodies to gaint the most public benefit while protecting, and improving water quality; (4) to restore previously degraded lands to reestablish their ability to protect water quality; (5) to facilitate planning that targets reductions in surfaçe water pollution; (6) to finance innoyative efforts, including pilot projects, toi improve stormwater management, to reduce pollutants entering the State's waterways, toi improve water quality, and tor research alternalive solutions to the State's water quality problems; (7) to prevent encroachment, provide buffers, and to preserve natural habitats around military installations or military training areas, ori for State matching funds ofFederali initiatiyes that proyide funds to prevent encroachment, provide buffers, and preserve natural habitats around military installations or military training areas; (8)t to acquire land that represents the ecological diversity of North Carolina, including natural features such as riverine, montane, coastal, and geologic systems and other natural areas to ensure their preservation and conservation for recreational, scientific, educational, cultural, and aesthetic purposes; (9) to acquire land that contributes tot the development ofal balanced State program ofhistoric properties; (12) and toi restore floodplains and wetlands for the purpose ofs storing water, reducing flooding, improving water quality, providing wildlife and aquatic habitat, and providing recreational opportunities. (Note that numerals (10) and (11) have been omitted intentionally as they were. repealed by statute, See N.C.G.S. $143B-135.234); and WHEREAS, The North Carolina General Assembly appropriated $15,000,000 to the NCLWF and directed the Division of Land and Water Stewardship to use the funds to provide grants to counties, municipalities, nonprofit corporations, and other State agencies for projects addressing the purposes specified in N.C.G.S. 143B-135.2340/12) (See 2021-180 N.C. Sess.  Laws 30); and  WHEREAS, thel NCLWF uses thei revenue int thel NCLWF to award grants to eligible grant WHEREAS, the Grant Recipient is an eligible applicant as defined in N.C,G,S. $143B- WHEREAS, the Grant Recipient has submitted to thel NCLWF an application requesting  recipients in order lo fulfill its mission, goals and purpose; and  135,238(a); and  agrant of funds (the "Grant Application") for an authorized NCLWF purpose; and  City of Kinston (NCLWF 2022-FRR26 Adkin Branch Flood Mitigation Phase IConstruction)  Page 2 of25    DocuSign Envelope ID: OBCT3CAE-86DE4D2EOPUADHESCIEIG  WHEREAS, thel NCLWF approvedt the Grant) Recipient's Grant Application on the Award Date and has agreed to: make the Grant to the Grant Recipient pursuant to the terms and conditions WHEREAS, the Parties desire to enter into this Grant Contract and intend to be bound by NOW, THEREFORL, for andi in consideration of the Grant, the mutual promises each to the other made, and other good and valuable consideration, thei receipl and sufficiency of which is 1. Grant Contract) Documents. Ini the case of conflict, specific and special terms, conditions, and requirements shall control over general terms, çonditions, and requirements. The Grant Contract is not al binding agreement on all Parties until (I)alll Parties have executed this Grant Contract and alll Exhibits that require execution, and (2) the funds fort the Grant contemplated herein have been encumbered by the NCDNCR. This Grant Contract is subject to allocation and appropriation of funds tot thel NCDNCR fort the purposes set forthi int the contract, The Grant Recipient agrees that it is subject to and will comply with the terms, promises, and any other requirements appearing either directly or by reference in the following documents, which are attached hereto and incorporated by reference into this Grant Contract:  set forth in this Grant Contract; and  itst terms.  hereby acknowledged, the Parties mutually agree as follows:  (a) Exhibit A - Project Description (b) Exhibit B - Project Budget (c) Exhibit C-I Pre-Disbursement Checklist (d) Exhibit D - Does not apply (government) (e) Exhibit E- General Terms and Conditions oral and written statements or contracts.  This Grant Contract constitutes the entire contract between the Parties, superseding all prior 2. Grant Recipient's Duties. The Grant Recipient agrees to conduct the project approved by the NCLWF for the purposes ofand according to thel Project. Description in Exhibit. A ("Project"), pursuant to the Budget set forth in the attached Exhibit B,i in accordance with thet terms ofthis Grant Contract, in accordance with any other applicable statute or rule, and ina accordance with 3. NCLWF'sDuties. Subject tot the adherence to the requirements for disbursement, and subjcct tot the appropriation, allocation, and availability to thel NCLWF of Grant funds for thel Project, the NCLWF hereby agrees to pay the Grant funds to the Grant Recipient in accordance with 4. Contract Period. It is the responsibility of the Grant Recipient lo ensure that the Project is completed by the Expiration Date and that all costs to be reimbursed have been submitted to thel NCLWFbyt thel Reimbursement, Date. Aftert thel Expiration! Date, any Grant funds remaining under this Grant Contract will no longer be available to the Grant Recipient except to pay proper invoices for budgeted costs incurred by the Expiration Date and that are submitted to the NCLWF no later than the Reimbursement Date. The NCLWF's commitment to disburse Grant funds under this Grant Contract shall cease on the Reimbursement Date. The Grant Recipient is solely responsible for requesting an extension oft the Grant Contract if the Grant Recipient anticipates that the Project will not be completed by the Bxpiration Date. The request for an extension must give complete details oft the reasons why an extension is needed, propose a new expiration date for the Grant Contract, and be submitted via the City of Kinston (NCLWF 2022-FRR26 Adkin Branch Flood Mitigation Phase I Construction)  thei requirements of the NCLWF.  the Disbursement of Grant Fund Procedures set forth herein.  Page 3 of25    DocuSign Envelope ID: 08613CAB-B5DE-4D2E-8F8A-94455C1E8169  NCLWF's online grants management system. This request must be submitted to and received byt thel NCLWF at least sixty (60) days prior to thel Expiration Date. Approval of any requested extension is at the sole discretion of the NCLWF. The approval or denial of the requested extension will be based upon Project performance, among other factors. The NCLWF is not obligated to: send reminders or other notification of an approaching Expiration Date.  5. Disbursement ofGrant Fund Procedures.  a. Prior toi the disbursement of any Grant funds under this Grant Contract, the Grant Recipient shall deliver to the NCLWF all of the documentation described in b. Grant funds will not be disbursed during the first week of January, the last three (3) weeks of. June, the first weck of. July, or the last two (2) weeks of December. In addition, the State does not process payments on the last business day of any Thel NCLWF only agrees to pay or reimburse the Grant Recipient for reasonable costs actually incurred by the Grant Recipient that do not exceed the Grant funds d. The Grant Recipient may seek reimbursement for allowable Project costs incurred after the Award Date notwithstanding the fact that those costs may have been incurred prior to the Effective Date. The Grant Recipient may not be reimbursed for Project costs incurred prior to the Award Date; however, the Grant Recipient may use such costs toward match requirement if the costs were approved by the NCLWF's Board of Trustees on the Award Date as shown on Exhibit B. Proportionate Spending of Matching Funds. The NCLWF encourages a commitment of matching funds tol be contributedi to the Project from non-NCLWF sources, Information on the commitment of matching contribution is part of the Grant Application submitted by Grant Recipient. Matching contribution value is then calculated as a percentage of the total project cost and is considered by the NCLWF as a match percentage when awarding Grants. Once an award is made, the matching percentage is incorporated into the. Budget on Exhibit B. As funds are requested from the NCLWF, the Grant Recipient must provide documentation, sufficient tot thel NCLWF, showing how a proportionate expenditure of match will occur. The NCLWF will not make a disbursement of funds if the matching percentage falls below the original commitment of matching funds on ExhibitB. Requests for Payment. The NCLWF will not disburse Grant funds until receipt by the NCLWF's Contract Administrator of the Grant Recipient's requests for - Payment requests shall be accompanied by appropriate itemized documentation supporting all expenses claimed and clearly identifying each expenditure for which payment is requested. Supporting documentation must be organized in a manner that clearly relates expenditures in the supporting documentation to the line items on the payment request form. Any request for payment that does not clearly identify each expenditure or does not relate each expenditure to the line  Exhibits Cand D, as applicable.  month.  budgeted for thel Project as shown in Exhibit B.  payment. Payment requests shall conform tot thei following:  City ofKinston (NCLWF 2022-FRR26 Adkin Branch Flood Mitigation Phase IConstruction)  Page 4of25    Docusign Envelope ID: 08613CAB-B5DE-4D2E-8FBA-94455C1E8169  items on the payment request form will not be processed and will be returned to the Grant Recipient for correction and resubmittal. ii. Payment requests shalli identify any sales tax for which reimbursement has been or will be obtained from the North Carolina Department of Revenue ("NCDOR"). Thel NCLWF will not reimburse the Grant Recipient for such ili, Each payment request shall include a completed claim form and progress report submitted usingt the online grants management system. The progress report shall describe work accomplished on the Project and progress toward completing the Project Scope of Work in Exhibit A. Alternate Disbursement of Grant Funds. The NCLWF may, upon. request by the Grant Recipient, disburse Grant funds prior to the Grant Recipient's actual payment to its vendors if such expenditures are documented by vendors' third- party invoices. In order for the NCLWF to disburse Grant funds to the Grant Recipient based on unpaid third-party invoices, the Grant Recipient must submit The Grant Recipient shall acknowledge on the claim form that the claim contains unpaid expenses to third-party vendors. The Grant) Recipient shall also acknowledge that its shall comply with all terms ofthis Grant Contract ini incurring the expense, has reviewed and approvedt the unpaid third-party invoice, ands shall certify to thel NCLWF that the unpaidt third-party invoice willl bej paid within three (3) working days ofi receipt ofthe disbursed Grant ii. Payment requests shall be accompanied by appropriate itemized documentation supporting all expenses claimed and clearly identifying each expenditure for which payment is requested. Supporting documentation must be organized in a manner that clearly relates expenditures in the supporting documentation to the line items on the payment request form, Any request for payment that does not clearly identify each expenditure or does not relate each expenditure to the line items on the payment request form will not be processed and will be returned tot the Grant Recipient for correction and resubmittal. iii. Payment requests shall identify all amounts of sales tax for which the Grant Recipient and/or its vendors have or will obtain payment from the NCDOR. The NCLWF will not reimburse the Grant Recipient for such iv. Each payment request shall include a completed claim form and progress reports submitted usingt the online grants management: system. Thej progress report shall describe work accomplished as well as progress toward completing the Project Scope of Work in Exhibit A. V. The Grant Recipient shall confirm in writing to thel NCLWF within thirty (30). days of the disbursement of Grant funds, via the appropriate form provided on the NCLWF's online grants management system, that the  amounts.  the following documentation:  funds.  amounts.  required payment has been made to the third party.  City of Kinston (NCLWF 2022-FRR26 Adkin Branch Flood Mitigation PhaseIConstrucion)  Page 5of25    Docusign Envelope ID: 08613CAB-B5DE-4D2E-8F8A-94455C1E8169  h. Certification by Licensed Professional. At the option of the NCLWF, payments may be made only on the certificate and seal of an appropriately qualified licensed professional (.g, licensed Professional Engineer) that the work for which the payment is requested has been completed in accordance with approved plans and specifications. An estimale by the construction contractor setting forthi items to be paid oul oft the proceeds ofe each such payment shall be attached tot the certificate, The NCLWF, at its option, may further require a certificate from such appropriately qualified licensed professional that the portion of the Project completed as of the date ofthe request for payment has been completed according tos schedule and otherwise as approved byt thel NCLWF and according to: applicable standards and requirements. However, the NCLWF may, at its discretion, make payments without requiring such certificates or construction contractor's estimate, in which event the Grant Recipient shall furnish the NCLWF a list of and the amounts of items to be paid out of the payment, or such other evidence as the Payment Based on) Progress. The Grant Recipient agrecs toj proceed with diligence to complete the Project according to the schedule set out in Exhibit A and shall show appropriate progress prior to each payment by submitting a written report on the NCLWF's online grants management system. Payment may be withheld or delayed ifthe Grant Recipient fails toi make progress on the Project satisfactory to thel NCLWF, Amounts withheld. shalll be reimbursed with subsequent payments in the event that the Grant Recipient is able to demonstrate an ability to resume Proof of Payment. The Grant Recipient agrees to pay, as the work progresses, all bills for expenses incurred 011 the Project and agrees to submit to thel NCLWF all such receipts, affidavits, canceled checks, or other evidence of payment as may be requested from time tot time and, when andi ifrequested by the NCLWF, toi furnish adequate proof of payment of all debts incurred on thel Project. NCLWF Retaining Portion ofl Funds until Project Completion. Thel NCLWF may withhold payment from the Grant Recipient in the amount ofs200,000ofthe Grant until the Grant Recipient has satisfactorily: submitted its grant contract final report. Costs of Project Administration. The NCLWF agrees to reimburse the Grant Recipient for administrative costs consisting only of costs of labor for administrative work conducted exclusively on this Project. The Grant Recipient's requests for such payment shall bei made under thel Project Administration: linei item Costs allowable under the Project Administration line item shall be only reasonable costs of labor needed to comply with the general conditions of the Grant Contract (e.g., progress reports, payment requests, preparingt the grant contract final report, revisions to the Grant Contract). Allowable Project Administration labor costs may include any oft the following:  NCLWF may require.  satisfaciory progress toward completion oft the Project.  ofl Exhibit B and shall conform to the following:  a, compensation to the Grant Recipient's employees, plus the Grant Recipient's cost of paying benefits on such compensation (.e., employees' pay multiplied by an audited or auditable benefits multiplier);  City of Kinston (NCLWF 2022-FRR26 Adkin Branch Flood Mitigation Phase) IConstruction)  Page 6of25    DocuSign Envelope ID: 8513CAB-86DE4D2E8F8A9-46SCIE8109  b. compensation to the Grant Recipient's independent contractors (e.g, temporary offices support), payableatthe Grant Recipient's actual cost, without application of a cost of professional services contracted by the Grant Recipient (c.g., engineering firm or consultant), payable at the Grant Recipient's actual cost.  benefits multiplier; and/or  ii. Costs of any other work described int thel Project Scope of Work in Exhibit A are not allowable under the Project Administration line item.  6. Grant Withdrawal for Failure to Enter into a Construction Contract, Pursuant to N.C.G.S. $143B-135.238e), as amended by Session Law 2023-70, ift thel Project includes a construction component to be completed by a third party, this Grant award shall be withdrawn ifthe Grant Recipient fails to enter into a construction contract for the Project within one (1), year after the execution of this Grant Contract, unless thel NCLWF's Board ofTrustees finds that the Grant Recipient has good cause for the failure. If the Trustees find good cause for the Grant Recipient's failure, the Trustees shall set a new date by which the Grant Recipient must take action, or the Grant Recipient shall be deemed to have forfeited the Grant and the NCLWF shall be deemed to have no further obligations with regards to the Project. 7. Reversion of Unexpended Grant Funds. Any unexpended Grant funds shall revert to the NCLWF on the Reimbursement Date or upon termination of this Grant Contract, whichever 8. Reporting Requirements: Audit: Record Retention. The Grant Recipient must comply with all reporting requirements of N.C.G.S. $143C-6-21 through 143C-6-23, and Title 09, Subchapter 3M of the North Carolina Administrative Code ("N.C.A.C."), and any revisions thereof. The Grant Recipient must also provide the required documentation as set forth in Exhibits Cand D,i ifapplicable. All such required reports shall be filed in accordance with the applicable statutes and rules on the forms required by the Office of State Budget and Management ("OSBM") and the Office of the State Auditor ("OSA") and submitted to the The State Auditor and the NCDNCR Internal Auditors shall have access toj persons andi records as a result of all contracis or grants entered into by State agencies or political subdivisions in accordance with N.C.G.S $. 147-64.7. Additionally, as the State funding authority, the NCDNCR shall have access to] persons and records as a result ofall contracts or grants entered into by State agencies or political subdivisions. This access. includes buti is not limited to: ready access to persons and the abilily to examine and copy all books, records, reports, vouchers, correspondence, files, personnel files, investments, and any other documentation oft the Grant Recipient. The Grant Recipient shall retain completc accounting records, including original invoices, payrolls, Grant Contracts, working papers, or other documents clearly showing the nature of all costs incurred and expenditures made under this Grant Contract. The Grant Recipient agrees that the NCLWF, NCDNCR and OSA have the right to audit the books and reçords of the Grant Recipient pertaining to this Grant Contract both prior to Closing and for five (5) years after the completion or termination of this Grant Contract, or until all audit exceptions, ifany, have been resolved, or for such a period oft time allowed by) N.C.G.S. $147-  occurs first.  NCLWF.  64.7, whichever is longer.  City of Kinston (NCLWP202-FRR26, Adkin Branch Flood Mitigation Phase I Construction)  Page 7of25    DocuSign Envelope ID: 08613CAB-B5DE-4D2E-8F8A-94455C1E8169  lft the Grant Recipient is a State agency, all records shall be retained in accordance with the records retention and disposition schedules issued by the) Division of Archives and) Records of NCDNCR. The records retention and disposition schedule applicable to the Grant Contract at the time ofl Effective Date requires that records be retained until five (5)years after submission of the final report or until such time as no audit or litigation is pending or reasonably anticipated, whichever is longer. All such records shall be made accessible to the NCLWF, The definitions set forthi in N.C.G.S. Chapter 143C shall apply toi this Grant Contract except as otherwise provided! herein below. The definitions provided by 091 N.C.A.C. 03M shall apply to this Grant Contract to the extent they are not in conflict with N.C.G.S. Chapter 143C or this Grant Contract. Ini the event ofconflict between or among definitions, N.C.G.S. Chapter 143C shal! control over 09 N.C.A.C. 03M, and this Grant Contract shall control over N.C.G.S.  NCDNCR, OSBM, and OSA upon request.  Chapter 143C.  a. For purposes of this Grant Contract, a "Grantee," as defined in N.C.G.S. $143C- 6-23, and "Recipient," as defined in 09 N.C.A.C. 03M. .0102 and applicable to 09 N.C.A.C. 03M, shall also include the "Grant Recipient," and the term "Grantee" shall mean and refer to an entity that is thei recipient of an interest in real property. b. For purposes of this Grant Contract, a "Subgrantee," as defined in N.C.G.S. $143C-6-23, and "Subrecipient," as defined in 09 N.C.A.C. 03M .0102 and applicable to 091 N,C.A.C. 03M, shall be referred to asa"Sub-grant Recipient." "State agency" shall mean a unit oft the executive, legislative, orj judicial branch of State government, such as a department, institution, division, commission, board, council, or school within' The University ofNorth Carolina System. The term does nol include a unit ofl local government or a public authority. For purposes of this Grant Contract, both the North Carolina Department of Natural and Cultural Resources and the North Carolina Land and Water Fund are State agencies. d. "Grant" and "grant funds" as defined in N.C.G.S. $143C-6-23 means State funds disbursed as a grant by a State agency; however, the terms do not include any payment made by the Medicaid program, the State Health Plan for Teachers' and State Employees, or other similar medical programs. For purposes of this Grant Contract, both "grant" and "grant funds" shall be referred to as the Grant that is provided to the Grant Recipient to carry out the objectives ofthe Grant Contract, "Grantor" means an entity that provides resources, generally financial, to another entity in order to achieve as specified goal or objective. For purposes of this Grant Contract, the Grantor is the North Carolina Land and Water Fund.  9. Notice: Contract Administrators. All notices, requests, or other communications permitted or required to be made under this Grant Contract shall be directed to the respective Contract Administrator. Notices shall be in writing, signed by thel Party giving such notice. Notices shall be deemed received three (3) business days following the date when deposited in the mail, postage prepaid, registered, or certified mail, return receipt requested, unless another 10. Signature Warranty, Bach individual signing below warrants that he or shei is duly authorized to sign this Grant Contract for the respective Party and to bind said Party to the  formi is otherwise noted herein.  terms and conditions of this Grant Contract.  City of Kinston (NCLWF: 2022-FRR26 Adkin Branch Flood Mitigation Phase IConstruction)  Page 8of25    DocuSign Envelope ID:  IN WITNESS WHEREOF, the Grant Recipient and the NCLWF have agreed to conduct the execution oft this Grant Contract by electronic means. A final, signed version of the document shall be kept on file by the NCLWF. If there is any controversy as to the terms oft the final document, the final signed version oft the document kept on file by thel NCLWF shall control.  GRANTRECTPIENT: Unit By:  CITY OF KINSTON, a North Carolina Local Government  Name: Rhonda Barwick Title: City Manager Date:  GRANTOR:  NORTH CAROLINA LAND AND WATER FUND  By:  Name: John B. Wilson, Jr. Title: Chairman, Board ofTrustees  Date:  Docusipnedby: (MA SwMmr EHASBIPAA7E4F4. Name: William B. Summer Title: Executive Director 12/13/2023  By:  Date:  City of Kinston (NCLWF202-FRR26 Adkin Branch Flood Mitigation Phase IConstruction)  Page 9of25    DocuSign! Envelope ID: BOI3CAEBSDE4D7EGF8APAA6ACIEAI60  EXHIBITA PROJECT DESCRIPTION  Stream offhe Project Site: Adkin Branch, at tributary of thel Neuse River  Watershed and River Basin: Neuse County: Lenoir Amount Requested from NCLWE: $2,472,750 NCLWF approved grant amount up to: $2,000,000 Tofal Matching Contributions: $5,666,000 Tofal Proiect Budget: $7,666,000 Percent Match: 74% Grant Award Date: February 28, 2023 Related NCLWI-funded Projccts: None tol North Queen Street inl Kinston, North Carolina.  Project Location: Thel Project area is the 100-year flood: zone of Adkin Branch from Billl Fay Park Causes of Impairment: Frequent flooding events in and immendiately downsteam of the Project areal have limited road access toE and/or flooded 593 residential households, 241 businesses, 161 public buildings, and the University ofNorth Carolina Lenoir) Health Care Hospital. Project Summary: Restore 3,000 linear feet of the Adkin Branch stream and install a 100-foot- wide littoral bench to store floodwater, This work is designed to address home and road flooding inar residential community and a development containing several medical services facilities. Once implemented, peak flood elevations during a 10-year storm are estimated to be two feet lower than under current conditions and the Project would retain 10 acre-feet ofs stormwater, Conservation Agreements Required: A Declaration of Covenants and Restrictions will be recorded on the improved land at Bill Fay Park, The Grant Recipient is in discussions with the University ofNorth Carolina Lenoir Health Care Hospital to secure a permanent easement in the excavated floodplain area. Operation and maintenance will be conducted by the City of Kinston  Stormwater Division. Scope of Work:  The Grant Recipient shall conduct and complete the activities listed below: 1. Develop engineering plans and specifications to complete thel Project. 3. Engage construction firm(s) to complete thel Project work. bank stabilization using natural channel design techniques. 6. Manage the Project in tolal and report to thel NCLWE.  2. Obtain applicablel Federal and State permits for the construction oft the engineering design. 4. Construct thel Project per engineering designs and plans, including floodplain benching and 5. Obtain and record permanent conservation easements on the Project properties,  City ofl Kinston (NCLWF 2022-FRR26 Adkin Branch Flood Mitigation Phase I Construction)  Page 10 of25    DocuSign! Envelope ID: 86I3CAD850E4D2EUPAPA6SCIEBION  Special Grant Contract Conditions: Exhibit B are provided to thel Project. Property, or any other purpose not set forth) herein.  1. The Grant Recipient shall provide or otherwise ensure that the matching funds identified in 2. Grant funds may not be used for the purchase of any improvements, removal of debris on the 3. All Property must be restricted by one or more Conservation Agreement(s) that shall convey such rights and establish such restrictions on use and indemnifications deemed satisfactory to 4. All conservation agreement documents must be approved by the NCLWF before recordation. 5. All Conservation Agreements shall provide third party right of enforcement to the State of 6. The Grant Recipient will monitor the Conservation Agreement area at least annually. 7. Stream restoration, enhancement, stabilization, and nature-based flood detention designs and their implementation must provide for permanently vegetated riparian buffers and permanent legal protection oft the riparian buffers in accordance with the following: (a) Riparian buffer widths, areas, and vegetation. Except as otherwise provided in these Special Contract Conditions, riparian buffers must be vegetated with protected existing vegetation and/or new planted vegetation establishedi to become permanent over the entire Widths and areas of riparian buffers. The widths and areas of vegetated riparian buffers are given below in the Schedule of Properties for Legal Protection of  thel NCLWF. North Carolina.  buffer area in accordance with the following:  Riparian Buffers.  Schedule of Properties for) Legal Protection of Riparian Buffers  Stream) Right (LF) Width (acres) (feet) n/a 50 50 50  Stream) Left  Tract. Property Owner No. 1 LENOIRI MEMORIAL HOSPITAL 2 CITY OF KINSTON 3 KINSTON CITY BOARD 4526-04-4039  Identification Parcel  Stream Protected Protected Buffer Stream Protected Protected  Number (PIN) Frontage Buffer Area Frontage Buffer Buffer  (LF) Width Area (èet) (acres) 50 2.12 n/a n/a n/a n/a 2.12 50  4526-23-8579 4526-03-7574  n/a 625 592 Totals 1,217  n/a 0.60 0.50 1.10  1,867 n/a n/a 1,867  Average protected buffer widths  ii. Woody vegetation along stream banks. Along restored streambanks and protected existing streambanks, native woody vegetation must be protected or established at ac density such that vegetation will reach a survival rate ofat least 320 trees per acre. Native woody vegetation must be protected or established from the top of each protected or restored streambank outward to widths of at least fifly (50) feet (b) Permanent legal protection of riparian buffers. Property on which vegetated riparian buffers are to be established must be protected permanently by legal instruments conforming tol N.C.G.S. Chapter 121,Article4,a and? N.C.G.S. Chapter 143B, Article 2, Part 41"Conservation. Agreements."Real, properties ofthe Project Site and corresponding land areas to be permanently protected are given in the Schedule of Properties for Legal City ofKinston (NCLWF 2022-FRR26 Adkin) Branch Flood Mitigation Phase IC Construction)  perpendicular toi thes streambank.  Page 11 of25    Docusign Envelope ID; 08613CAB-B5DE-4D2E-8F8A-94465C1E8169  Protection of] Riparian Buffers,  (c) "Stream enhancement" means the process of implementing certain stream rehabilitation practices in order to improve water quality and/or ecological function. These practices typically are conducted on the streambank or in the flood prone area. An enhancement procedure mayi include fencing cattle out ofastream and reestablishing vegetation in order to provide streambank stability. These types of practices should be conducted only on a stream reach that is not experiencing severe aggradation or erosion. Enhancement also may include placing in-stream. habitat structures, provided that the in-stream structures do not affect the overall dimension, pattern, or profile ofa stream that isi in dynamic equilibrium. (d) "Stream restoration" means the process of converting an unstable, altered, or degraded stream corridor including adjacent riparian zone and flood prone areas, to its natural or referenced, stable conditions considering recent and future watershed conditions. This process also includes restoring the geomorphic dimension, pattern, and profile and biological and chemical integrity, including transport of water and sediment produced by (e) "Stream stabilization" means the in-place stabilization of a severely eroding streambank. Stabilization techniques thati include "soft" methods or natural materials (such as root wads, rock vanes, and vegetated crib walls) may be considered as part ofa restoration design. However, stream stabilization techniques that rely heavily on "hard" engineering, such as concrete-lined channels, ripr rap, or gabions, tos stabilize streambanks will not be considered "Nature-based flood delention" means the practice of using natural materials and/or engineered solutions to mimic natural processes or environments to temporarily: store flood waters in order to reduce peak flood discharge volume and maximum flood elevations 8. The Grant Recipient shall engage the City of Kinston ("Conseryation Agreement Holder")t to permanently restrict uses on each Property identified in the Schedule of Properties for Legal (a) Properties owned by the Conservation Agreement Holder, Permanent property restrictions needed toi implement thel Project shall bei in thei form of recorded. Declarations of Covenants of land-use restrictions that provide for the State of North Carolina to have rights of enforcement of the Declarations of Covenants. Declarations of Covenants shall be substantially in a form of the document approved and signed as-to-form by the NCLWF. The Grant Recipient is responsible for accomplishing and completing the following for these properties: submit tot thel NCLWPaLeerofhntent from the Conservation. Agreement Holder indicating its intent to enter into permanent land-use restrictions on Conservation Agreement Holder-owned properties identified in the Schedule of Properties for Legal Protection of Riparian Buffers to protect portions of properties needed to implement this Project. This letter shall describe the properties and the portions of the properties to be protected, shall state that the Conservation Agreement Holder intends to enter into permanent land-use restriction to protect land that is part ofthe Project Site, and shall be signed by the Conservation Agreement Holder. The NCLWI will approve the Grant Recipient's requests for payment of any costs only after receiving such a letter; prepare and execute a Declaration of Covenants of land-use restrictions for each property and record each executed Declaration with the Register of Deeds in the County in which the Properly is located; and provide a copy ofe each recorded Declaration to the NCLWE.The NCLWF will approve the Grant Recipient's requests for payment of any costs for City ofKinston (NCLWF 2022-FRR26 Adkin Branch Flood Miligation Phase IConstruction)  thes stream's watershed in order to achieve dynamic equilibrium.  to bes stream restoration or stream enhancement.  downstream,  Protection of Riparian Buffers, as follows.  Page 12 of25    DocuSign Envelope ID: DRI3CAEBGDE4D2EeFP8A9HASCIEBIOA  construction only after receiving all recorded. Declarations.  (b) Properties not owned by the Conservation Agreement Holder. Permanent property restrictions needed to implement the Project shall be in the form of recorded permanent Conservation Basements that provide for the State of North Carolina to have third-party rights of enforcement oft the permanent Conservation Basements, The Grant Recipient will the Grant Recipient shall be thel holder of Conservation. Easements acquired for the Project and shall monitor conditions on the land addressed in the Conservation ji.s submit to thel NCLWF a) Letter of] Intent from each property owner indicating each owner's intent to enter into aj permanent Conservation Easement to protect portions of properties needed to implement this Project. Such letters shall describe the Property and the portions of the Property to be protected, shall state that the owner intends to enteri into a permanent Conservation Basement to protect land that is part oft thel Project Site, and shall be signed by the property owner, The Grant Recipient shall submit the Letters of Intent to the NCLWF. The NCLWF will approve the Grant Recipient's requests for payment of any costs only after receiving such iii. prepare and execute a deed of Conservation Easement for each Property and record each executed deed with the Register of Deeds ini the County in which the Property is located; and provide a copy of each recorded deed of Conservation Easement to thel NCLWF.The) NCLWF will approve the Grant Recipient'si requests for payment ofany costs for construction only after receiving alli recorded deeds of Conservation  accomplish and complete the following for these properties: Easements at least annually, inj perpetuity;  letters;  Easement.  9, The Grant Recipient shall secure applicable Federal and State permits before the start of construction and submit copies of the permits to the NCLWF. The Grant Recipient shall also be responsible for seeking Environmental Review from the North Carolina Historic Preservation Office Environmental Review Branch. The NCLWF shall approve requests for payment of the Grant Recipient's construction costs only after receiving copies of applicable 10. In accordance with Water Quality Certification No. 3885, before construction begins the Grant Recipient shall submit al Pre-Construction Notification (PCN) form and three (3) copies of the Project plans and specifications tot thel North Carolinal Division of Water Resources (DWR)401 Certification Program for review. The Grant Recipient shall name thel NCLWF as the "agent" on the PCN form and shall send a copy oft the PCN form to the NCLWF at the same time the 11.1 In conducting this Project, the Grant Recipient shall employ principles for restoring streams that have been established by the DWR 401 Certification Program. The Grant Recipient shall work with staffoft the DWR 401 Certification Program to provide al Project Design that, to the extent practicable, re-establishes the structure, function, and self-sustaining behavior of the Project reach of stream to those that existed before the stream reach was disturbed. The NCLWF will release funds for reimbursing the Grant Recipient for construction only after veceiving al letter from thel DWR 401 Certification Program stating that either: (a) the Project design is capable of restoring the stream reach, or (b) if, in the opinion of the DWR 401 City of Kinston (NCLWF 2022-FRR26. Adkin Branch Floodi Mitigation Phasel IC Construction)  Federal and State permits and review memos.  form is sent to DWR.  Page 13 of25    Docusign Envelope ID: BGI3CAEB6DE4DAESFAAPAA69C1E8162  Certification Program, restoration of the full stream reach is not practicable but the Project Design is capable ofe enhancing portions of the reach that cannot be restored. IfDWR does not provide. such al letter within thirty (30) days fromi receiving the! PCN and Project Design (plans and specifications) from the Grant Recipient, thel NCLWF will deem that thel Design meets the  requirements oft thel DWR 401 Water Quality Certification Program.  12, Other conditions special to this grant: phase (30% to 60% complete).  Project engineering designs and plans to be provided to the NCLWF at the conceptual design  (The remainder oft this page isi intentionally left blank)  City ofl Kinston (NCLWF 2022-FRR26 Adkin Branch Flood. Mitigation Phase) IConstruction)  Page 14 of25    DocuSign Envelope ID; GICABBSDE4D2EEPBAPAA6SCIEAI00  EXHIBITB PROJECTBUDGET  Item  NCLWF Grant Funds' Matching Funds? Total Item Budget  1. Design and) Permitting 2. Construction (Including Observation: and Contingency) 3. Property/ /Conscrvation Agreement Acquisition Costs* 4. Monitoring, Data Collection, Data Evaluation, Analysis 5. Educational Materials/ Signage 6. Project Administration Total Project Budget % of'Total Projcct Budget Retainage: $200,000  $0 $2,000,000 $0 $0 $0 $0 $2,000,000 26%  $961,710 $3,500,000 $355,000 $429,290 $120,000 $300,000 $5,666,000 74%  $961,710 $5,500,000 $355,000 $429,290 $120,000 $300,000 $7,666,000 100%  Retainage is the amount of grant funds the NCLWF will withhold from the Grant Recipient until the Grant Recipient has satisfactorily fulfilled the requirements fort the final payment shown ini the table inl Exhibit Cbelow, which typically includes a final report and ai final field visit. 'Toobtain payment, the Grant Recipient must submit itemized documentation: substantiating direct ?Matching funds are contributed by: Golden Leaf Foundation ($250,000), North Carolina Emergency Management Transporation Infrastructure Resiliency Grant (NCEM-TIRG) Construction contingency funds allow thel Project to cover unanticipated construction costs, often resulting from unexpected conditions encountered during construction. Construction contingency funds shall not be used for work thati isi not construction (e.g, design or construction. administration) nor for construction that is not part of the Project scope of work (e.g., add-on work). Construction contingency funds may be disbursed only after the Grant Recipient has demonstrated to the NCLWF that it has expended 100 percent of funds in construction linei items, 100 percent oflocal matching funds, and atl least 90j percent ofallo other matching funds, including matching grant and/or *The value of a Conservation Basement (or other legal instrument acceptable to the NCLWF) donated to the. Project by aj property owner or acquired by the Grant Recipient may be claimed as matching funds contributed to the Project only after the Grant Recipient has provided to the  Notes:  costs incurred ini implementing thel Project. ($1,208,590), City ofKinston ($4,207,410).  loan funds,  NCLWFall of the: following information for that donated easement:  City ofKinston (NCLWF 2022-FRR26 Adkin Branch Flood Mitigation. Phase IC Construction)  Page 15of25    DocuSign Envelope ID: B6I3CABBSDE4D2E4F8A9A469C1E6160  (a) calculated area oft the easement;  (b) copy oft the easement document as recorded by the County Register ofi Deeds; and (c) basis fort the claimed value of the easement, which may be in the form of:  current property tax valuation assessed by the County Tax Assessor's Office showing total value of Jand and/or improvements, if any, with indicated year of the actual assessment. This option is available for land acquisitions for which the total price for any given parcel does not exceed $500,000. An appraisal is required if the total value of any given parcel exceeds $500,000. See additional details on appraisal requirements below; ii.i ifa reçent appraisal has been prepared, the appraisal summary may be  or  used, instead of thet tax valuation.  Appraisal Requirements. An appraisal is required ift the tolal value of any land or interest in land to bec donated as match exceeds $500,000. Appraisals must be: satisfactory toi thel NCLWF, performed by al North Carolina general certified appraiser in accordance with Uniform Standards of Professional Appraisal Praclice, and are subject to review by the State Property Office. All appraisals should be forwarded to the NCLWF as soon as possible, but no later than ninety (90) days prior to the anticipatedi recordation date, and the States should be included as ans authorized user ofalla appraisals. All appraisals should either reflect the market value ofthe) Property or Conseryation Agreement at the time of donation. At the discretion ofthe) NCLWF, the Grant Recipient may be required to amend or update the appraisal. The Grant Recipient specifically acknowledges that thel NCLWF's: acceptance oft the matching funds value for the land acquisition is contingent upon approval ofthe appraised value  byt the State Property Office.  (The remainder oft this page isi intentionally left blank)  City ofKinston (NCLWF2022-FRR26, Adkin) Branch Flood Mitigation. Phase I Construction)  Page 16 of25    DocuSign Envelope ID: 08613CAB-B5DE-4D2E-BF8A-94455C1E8169  EXHIBITC  PRE-DISBURSEMENTCHECKLIST disbursed under this Grant Contract:  The following documents must be submitted to thel NCLWF before any funds can be  Requirement 2. Easements,  Deseription/What to Submit  Submit before first request for payment  Matching funds' Proofofa availability of the matching funds which arei includedi int thel Project Budget. Declarations of Conservation Agreement that has been accepted by the NCLWF from all Covenants and/or property owners of parcels listed in Schedule of Properties for Legal Protection  (*See note below.)  Letters ofi intent to sign a Conservation Agreement, or a copy of the recorded Letter from the holder of the Conservation Agreement, as identified in Exhibit Documents as identified inj Exhibit A "Special Contract Conditions" (ifany) as Project engineering designs and plans to be provided to the NCLWF at the Copies of recorded Conservation. Agreement(s) for all properties in Schedule of  landowner land ofRiparian Buffers in Exhibit A, and  use contracts 3. Documents in Exhibit A  A, stating that it accepts this role and its responsibilities. required prior tot the release of Grant funds: conceptual design phase (30% to 60% complete).  Submit before first request for construction payment  4. Basements, landowner land use contracts 5. Construction contract  Declarations of Properties for Legal Protection of Riparian Buffers in Exhibit A. Each) Basement Covenants and/or and Declaration of Covenants is subject to review and acceptance by the Grant.  A copy of the construction contract signed by the Grant Recipient and the construction company that will complete thel Project work. Please note that there is a deadline to have a construction contract inj place for this Project, listed on the first page oft this document. If this deadline cannot be met, notice should be provided to the NCLWF as soon as possible sO that an Provide a copy ofe each applicable Federal or State permit issued for construction, or written documentation from the appropriate State agency. that construction of Within thirty (30) days of executing a construction contract for the Project, submit construction contract pricing information consisting of at Jeast a statement of the scope ofthe construction work, agreed-upon pricing for the construction work, and Documents as identified in Exhibit A "Special Contract Conditions" (if any) as Project finali report detailing Project deliverables and outputs, natural and/or cultural resource benefits achieved, and lessons learned during thel Project. closeout site visit. A closeout visit will include walking the Project site and surveying any constructed work, plantings, and: signage.  extension can be discussed.  6. Construction permits 7. Construction contract pricing information 8. Documents in Exhibit A 9. Grant contract final report visit  thel Project does not require al Federal or State permit. at total anticipated construction cost based on the pricing, required prior tot the release of NCLWF funds:  Submit before or accompanying request for final payment  10. Final closcout site Coordinate with the appropriate NCLWF Field Representative to perform a final  City of Kinston (NCLWF: 2022-FRR26 Adkin Branch Flood Mitigation Phasel IConstruction)  Page 17 of25    DocuSign Envelope ID: 6I3CABBSDE4D2E8F#APAAGSCIEBIO  11. Documents in Exhibit A  Documents as fidentified in Exhibit A "Special Contract Conditions" (ifa any) as  required prior to the release OfNCLWF funds:  'Bxamples ofj proof of availability ofi matching funds include: (a) grants from other sources: copy of grant agreement ii. copy of grant award letter (b) local agency matching funds: resolution oft the governing board matching funds fort the Project local funds for match the funds  ii. budget showing allocation ofi matching funds to thel Project, accompanied by a certified copy of board meeting minutes approving the budget or by a certified copy of board meeting minutes authorizing use of local il. certified copy ofboard meeting minutes attesting to the use and amount of iv. letters from other sources of matching funds attesting to contribution of current property's or properties' fair market tax valuations assessed byt the County Tax Assessor's Office, prorated to apply only to the areas oft the permanent Conservation Basements to be reçorded for this Project; or  (c) value ofConservation: Easements to be donated:  ii. appraisals as described in Exhibit B.  (The remainder of this page isi intentionally left blank)  City of Kinston (NCLWF 2022-FRR26 Adkin Branch Flood Mitigation Phase IConstruction)  Page 18 of25    DocuSign Envelope ID: 863CABBADE4D2E2AFA9A45SC1E8169  EXHIBITD  ASSURANCES FORI NON-FEDERALLY FUNDED CONTRACTS Exhibit D only applies to nonprofits and does not apply to this Grant Contract.  (The remainder oft this page isi intentionally left blank)  City ofl Kinston (NCLWF2022-FRR26 Adkin Branch Flood Mitigation Phasel IConstruction)  Page 19 of25    DocuSign Envelope ID; OI3CABBSDE4DAEAF4A9A6SC1EDI69  EXHIBITE  GENERALTERMS ANDCONDITIONS  (These General Terms and Conditions may be modified by Special Conditions in Exhibit A, which should be reviewed: for possible modifications to these General Terms and Conditions.) Title. Ift the property right to be acquired is fee simple absolute title, the Grant Recipient shall acquire good and marketable title free and clear of any liens, other charges, conditions or encumbrances that would materially affect the purposes oft this Grant Contract. 2. No Mitigation. The Grant Recipient shall not use the Project or any portion thereof to satisfy compensatory mitigation requirements under 33 U.S.C. $ 1344 or N.C.G.S. $143-214.11. 3. No Open Space Requtrements. The Grant Recipient shall not use the Project or any portion thereof to satisfy open space or density requirements of any cluster or other development 4. Right of) Entry and Iuspections. The NCLWF's representatives shall have the right to enter the Project area for inspection of the Project and to enter any other premises of the Grant Recipient associated with the activities oft the Grant Recipient pursuant to the Grant, including to review books and records in any way related to the Grant or the Project, 5. Useand) Rellance on Documentation.Toi the extent allowed by law, the Grant Recipient gives the NCLWF permission to use Grant documents and accompanying or related plans, specifications, estimates, procedures, maps and any other documents submitted to thel NCLWF 6. Signage. If the NCLWF's approval of this Project allows public access to and/or public education activities at thel Project Site, the Grant Recipient shall post signs at the public areas such as, buti not limited to, trailheads, parking areas, kiosks, andl boat ramps. The signs shall be posted in number, location, and manner satisfactory to thel NCLWF. Signs may be provided by the NCLWF or, if the Grant Recipient wishes to provide its own signs, the signs must acknowledge thel NCLWF as a funding partner, conform tot thel NCLWF's: sign guidance posted 7. Publicify, To the extent possible, the Grant Recipient will use its best efforts to appropriately publicize the Project's benefits to the general public, local government, and State representatives, including the role of the NCLWF in the funding and development of the Conflicts ofInterest, In accordance with) N.C.G.S $143C-6-23, every non-governmental. Grant Recipient shall file with the NCLWF a copy of that Grant Recipient's policy addressing conflicts ofinterest that may arise involving the Grant Recipient's management employees and the members of its board of directors or other governing body. The policy shall address situations in which any of these individuals may directly or indirectly benefit, except as the Grant Recipient's employees or nembers ofi its board or other governing body, from the Grant Recipient's disbursing of State funds, and shall include actions to be taken by the Grant Recipient or the individual, or both, to avoid conflicts of interest and the appearance of impropriety. The policy shall be filed before the NCLWF may disburse the grant funds. The Grant Recipient shall at all times comply with the Grant Recipient's conflict ofinterest policy. City of Kinston (NCLWF 2022-FRR26. Adkin Branch Flood Mitigation Phase 1Construction)  A. Affirmative Covenants  scheme or plan.  by the Grant Recipient after Award Date.  oni its website, and be approved by the NCLWF.  Project.  Page 20 of25    Docusign Envelope ID; 0GI3CAB8SDE4DENF8A9A4BSC1E6168  9. Compliancer with Lawsand) Legal Requirements. The Grant Recipient agrees toj perform and maintain the Project in compliance with all Federal, State, and local laws and regulations, including, without limitation, required permitting, environmental, zoning, historic preservation, and other land use laws, regulations, and requirements. The Grant Recipient agrees tot takei reasonable steps tos advise Project participants that they shall comply in the. same manner. The Grant Recipient shall comply with alll legal requirements applicable to the use of the Grant funds. As oft thel Effective Date ofthis Grant Contract, thel Project area, to the best of (a) contains no hazardous materials, substances, wastes or environmentally regulated substances (including, without limitation, any materials containing asbestos) located on, in, or under the) Project area or used in connection therewith; (b) contains no environmental condition that may prohibit ori impede the purposes set forth  the Grant Recipient's knowledge:  in this Grant Contract; and  (c) will not contain such uses or conditions in thet future.  10. Insurance. The Grant Recipient agrees to keep structures or improvements of any sort constituting the Project fully insured at all times during construction and to keep fully insured all building materials at any time localed on thel Project, The Grant Recipient will ensure that 11. No Pollution Credits, If the Project enables the Grant Recipient to qualify for credits by reducing the discharge of phosphorus, nitrogen, or any. other nutrient or pollutant below, or further below, applicable regulatory limits, or otherwise ("Pollution Credits"), the Grant Recipient shall nots sell, trade, assign,transfer or give to another person or entity that percentage of any resulting Pollution Credits achieved by the Project corresponding to the percentage of  all contractors furnish adequate payment and performance bonds.  the Project costs provided by the NCLWF.  B.) Representations and Warranties  In order to induce the NCLWF to enter into this Grant Contract and to make the Grant as herein provided, the Grant Recipient, after reasonable inquiry, makes the lowingreprsemtalions, warranties, and covenants, which shall remain in effect after the execution and delivery of this Grant Contract and the other Grant Documents, any inspection or cxaminations at any time made 1. NoA Actions. There are no actions, suits, or proceedings pending, or, to the knowledge of the Grant Recipient, threatened against ora affecting the Grant] Recipient before any court, arbitrator, or governmental or administrative body or agency that might affect the Grant Recipient's 2. No Unfrue Statements. Neither this Grant Contract nor any information, certificate, statement, orother document furnished by the Grant Recipient in connection with the Grant contains any untrue: statement ofa a material fact or omits disclosure ofai material: fact that affects thel Project, any. subsequent Conservation Agreement included in the Project, or the ability of the Grant 3. Zoning, Thej present andj proposed use oft the Project, including, without limitation, the purpose ofthe Conservation Agreement, isi in compliance with all: zoning ordinances, and all municipal and other governmental and regulatory approvals havel been or willl be obtained for the use and  by or on behalfoft the NCLWE, and the Acquisition by the Grant Recipient:  ability to observe and perform its obligations under this Grant Contract.  Recipient toj perform under this Grant Contract.  for operation of thel Project according to this Grant Contract.  City ofKinston (NCLWF 2022-FRR26 Adkin Branch Flood Mitigation Phase IConstruction)  Page 21 of25    DocuSign Envelope ID: B6I3CABSDE4D2EUPBAPH6SCIESIG  4. Tax) Exempt Status, As applicable, the Grant Recipient shall maintain tax-exempt status under Section: 501(c)(3)oft thel Internal Revenue Code of 1986, as amended (or any successor section), and ther regulations promulgated thereunder ands shallt notify the) NCLWF withint thirly (30) days upona any change ini its status under the Section: 501(c)(3) of thel Internall Revenue Codeof1986. 1. Termination for Cause. The happening of any of the following, if not cured within any applicable cure period, shall constitute an cvent of default ("Event(s) ofDefault")! by the Grant Recipient ofi its obligations to thel NCLWF, and shall entitle the NCLWF to exercisc all rights and remedies under this Grant Contract and as otherwise available at law or equity. (a) Project Area Unsuitable. A determination by the NCLWF, prior to disbursement of funds, that thel Project area is unsuitable for the purpose for which this Grant Contract (b) Unsuitable Use. Thel Project area is used in ai manner materially inconsistent with the purposes of this Grant Contract or the Conservation Agreement contemplated herein. (c) Default in Performance. Failure by the Grant Recipient in the observance or performance of any of the terms, conditions, covenants, or requirements of the Grant Contract, including, without limitation, a failure to satisfy any condition precedent to disbursement or reimbursement, provided, however, that the NCLWF shall provide written notice of the default to the Grant Recipient and allow a cure period oft thirty (30) days after the date of receipt of written notice of default during which Grant (d) Misrepresentation. Ifany representation or warranty made by the Grant Recipient in connection with the Grant or any information, certificate, statement, or report heretofore or hereafter made shall be untrue or misleading in any material respect at (e) Eligibility oft fhe Grant] Recipient. Ifthe Grant Recipient ceases tol be eligible tor receive (f) Failure to Monitor Conservation: Easement. Ifthe Project includes the conveyance or assignment ofa Conservation Easement to the State ofl North Carolina, and the Grant Recipient fails to notify the NCLWF of any potential violation of the Conservation Basement within a reasonable period of time sO as to minimize, avert or cure any (g) Abandonment of the Project. Ift the Grant Recipient abandons or otherwise ceases to continue to make reasonable progress toward the completion of thel Project. (h) Unacceptable Conflict of Interest Policy. A determination by the NCLWF that the Grant Recipient's Conflict ofl Interest policy insufficiently protects public monies. 2. Termination by Mutual Consent. The Parties may terminate this Grant Contract 1)by mutual written consent, or 2) with sixty (60) days prior written notice by the Party wishingt to terminate, or 3) by the NCLWF with written: notice to Grant Recipient reporting that an Event of Default by the Grant Recipient has occurred, or 4) as otherwise provided by law.  C.Termination: Events ofl Default  isr made.  Recipient shall be allowed to cure: said default.  thet time made.  Grant funds, is dissolved, or otherwise ceases to exist.  potential violation.  City ofKinston (NCLWF 2022-FRR26 Adkin Branchl Flood Mitigation Phase IC Construction)  Page 22 of25    DocuSign Envelope ID: 08613CAB-B5DE-4D2E-8F8A-94455C1E8169  D. Thel NCLWF's Rights and Remedies  Ifan) Event ofl Default shall occur, the NCLWF shall have all available legal and equitable rights and remedies as well as the following rights andi remedies, all of which are exercisable att the NCLWF's sole discretion, and are cumulative, concurrent, and independent rights. 1. Nonwaiver, No delay, forbearance, waiver, or omission of the NCLWF to exercise any right, power, or remedy accruing upon any Bvent of Default shall exhaust or impair any such right, power, or remedy or shall be construed to waive any such Event of Default or to constitute acquiescence therein. Every right, power, and remedy given to the NCLWF may be exercised 2, Projcet Termination, If an Event of Default occurs, the NCLWF may, at its discretion, suspend and/or terminate all obligations of thel NCLWF hereunder, If, in thej judgment ofthe NCLWF, such failure was due to no fault oft the Grant Recipient, amounts required to resolve, at minimum costs, any irrevocable obligations properly incurred by the Grant Recipient shall, in the discretion oft the NCLWF, be eligible for assistance under this Grant Contract. 3. Additional Remedies. If an Event of Default occurs, the NCLWF may take any. action consistent with its statutory authority including: (a) prevent any impairment of thel Project by any acts that may be unlawful or in violation of this Grant Contract or any other item or document required hereunder, (b) obtain title to or otherwise preserve or protect its interest in the Project and any property acquired with Grant funds, (c) compel specific performance of any ofthe Grant Recipient's obligations under this Grant Contract, (d) obtain return of all Grant Funds, including equipment ifapplicable and (e) scek damages from any appropriate person or entity. The NCLWF, or its designee, may also, at the NCLWF's sole discretion, continue to complete thel Project, or any portion thereof deemed appropriate byt thel NCLWF, and the Grant Recipient shall cooperate in the completion of the Project. The NCLWF shall be under no  at any time and as often as may be deemed expedient by thel NCLWF.  obligation to complete thel Project.  E. Miscellaneous  1. Modification, This Grant Contract may be rescinded, modified, or amended only by written agreement executed by all Parties. Any proposed modification of the Project shail be subject to approval by the NCLWF and, if applicable, the North Carolina Council of State. Only changes deemed non-material int type by thel NCLWF's Executive Director may be made to the Grant Contract without the consent of the NCLWF's Board ofTrustees. 2. Benefit. This Grant Contract is made and entered into for thes sole protection and benefit of the NCLWF, the State, andi the Grant Recipient, and their respectives successors and assigns. Except for the State, there shall be no third-party beneficiaries to this Grant Contract. 3. Further Assurance, In connection with and after the payment of Grant funds under this Grant Contract, upon the reasonable request of the NCLWF, the Grant Recipient shall execute, acknowledge, and deliver or cause to be delivered all such further documents and assurances, and comply witha any other requests as may bei reasonably required byt the NCLWF or otherwise appropriate to carry out and effectuate the Grant as contemplated by this Grant Contract and 4. ComplancelyOliers, The Grant Recipient shalll bei responsible for compliance witht thet terms oft this Grant Contract by any Sub-grant Recipient, including, but not limited to, a political subdivision, public agency, or eligible nonprofit corporation to which funds or obligations are transferred, delegated, or assigned pursuant to this Grant Contract, Delegation by the Grant City ofl Kinston (NCLWF 2022-FRR26 Adkinl Branch Floodi Mitigation Phase IC Construction)  the purposes of the Conservation Agreement.  Page 23 of25    Docusign Envelope ID: AGI3CAEBSDE4D2EOFUA9A63C1ES1e2  Recipient to a Sub-grant Recipient of any duty or obligation hereunder does not relieve the Grant Recipient of any duty or obligation created hereunder. Failure by such Sub-grant Recipient to comply with the terms oft this Grant Contract shall be deemed failure by the Grant Recipient to comply with the terms of this Grant Contract. Any such delegation of duties or obligations shalll bei in writing, signed by the Grant Recipient and the Sub- grant Recipient, shall be in accordance with Paragraph 7 ofthis Exhibit B, and: shall contain an affirmative covenant by the Sub-grant Recipient that its shall abide by thei rules set forth in' Title 09, Subchapter 03M 5. Independent Status ofthel Parties. Thel Parties arei independent entities, andt this Grant Contract shall not create a partnership orj joint venture between the Parties. Further, the Grant Contract shall noti in any way be interpreted or construed as making the Grant Recipient, its agents, or employees, to be agents or representatives of the NCLWE. The Grant Recipient is and shall remain an independent contractor in the performance of this Grant Contract and as such shall be wholly responsible for the work to be performed and for the supervision of its agents and employees. In no event shall the NCLWF be liable for debts or claims accruing or arising against the Grant Recipient. The Grant Recipient represents that it has secured, or shall secure at its oWn expense, all personnel required in the performance of this Grant Contract. Such employees shall not be employees of, nor have any indvidualcontractual relationship with, the Clean WaterManaçement Trust Fund. Pursuant tol N.C.G.S. $143B-135.2340), thel NCLWF 7. Binding Effect, Contract Assignable. The terms hereof shall be binding upon andi inure to the benefit of the successors, assigns, and personal representatives of the Parties, provided, however, that the Grant Recipient may not assign this Grant Contract or any of its rights, interests, duties, or obligations hereunder or any Grant proceeds or other moneys to be advançed hereunder in whole ori inj part without thej prior written consent ofthe NCLWF, which may be withheld for any reason and any such assignment (whether volunlary or by operation oflaw) without said consent shall be void. In the event assignment is allowed, neither the Grant Recipient nor the Sub-grant Recipient shalll be relieved of any of the duties and vesponsibilities of the Grant Contract. Further, the Sub-grant Recipient shall agree to abide by the all the requirements of this Grant Contract, and to provide all information needed in order for the 8. Indemnity. The Grant Recipient agrees, to the fullest extent permitted by law, to release, protect, indemnify, and hold harmless the State, thel NCLWF, its Trustees, employees, agents, and assigns against any and all claims, losses, liabilities, damages, and costs, including reasonable attorney fees, that result from or arise out of (a) damages or injuries to persons or property caused by the negligent acts or omissions of the Grant Recipient, its employees, or agents in use or management oft the Property; (b) use or presence of any hazardous substance, waste, or other regulated material in, under, or on the Property; or (c) the performance oft the Grant Recipient's duties under this Grant Contract. The obligations under this Section are independent of all other rights or obligations set forth herein. This indemnity shall survive the disbursement of the Grant funds, as well as any termination ofthis Grant Contract. 9. Due Diligence, Reasonable Care, Other Obligations. The Grant Recipient agrees (a) that it shall use due diligence and reasonable care, and shall require its employees, contactors, and agents to use due diligence and reasonable care, to avoid acts or omissions that cause damages orinjuries to persons or property related to the use, operation, maintenance, or management of the Project area and (b) that it shall be responsible for the use or presence of any hazardous City of Kinston (NCLWF 2022-FRR26 Adkin Branch Flood Mitigation PhaselConstnuction),  oft thel N.C.A.C.  NCLWF.  isa also known as the Clean Water Management Trust Fund.  Grant Recipient to comply with this Grant Contract.  Page 24 of25    DocuSign Envelope ID: 6I3CAEBSDE4DAESFAASA6XCIEI60  substance, waste, or other regulated material in, under, or on the Project area, and that the NCLWF has not undertaken any responsibility. for these things. The obligations under this Section are independent of all other rights or obligations set forth) herein and shall survive the disbursement of the Grant funds, as well as any termination oft this Grant Contract. 10. No Discrimination, The Grant Recipient shall ensure thal no person will be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity covered by this Grant Contract solely on the grounds of race, color, age, religion, 11. Governing Law, Construction and Jurisdiction. This Grant Contract and all matters relating thereto shall be governed by and construed and interpreted in accordance with the laws oft the State of North Carolina, notwithstanding the principles of conflicts of law. The headings and section numbers contained herein are for reference purposes only and shall not modify, define, limit, or expand the express provisions of this Grant Contract. The terms ofthis Grant Contract shall be construed according to their plain meaning, and not strictly construed for or against either Party hereto. The Grant Recipient hereby submits to the jurisdiction of the State and Federal courts located in North Carolina anda agrees that thel NCLWF may, at its option, enforce 12. Savings Clause. Invalidation of any one or more of the provisions of this Grant Contract, or portion thereof, shall in no way affect any of the other provisions hereofand portions thereof 13, Additional Remedies. Except as otherwise specifically set forth herein, the rights andt remedies provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies 14. Survival. Where any representations, warranties, covenants, indemnities, or other provisions containedi int this Grant Contract and/or any ofthe Grant Documents, byi its context or otherwise, evidence the intent oft thel Parties that such provisions should: survive the Closing, completion, expiration ort termination oft this Grant Contract, thej provisions shall survivet the Closing or any such termination, Without limiting the generality of the foregoing, the Parties specifically acknowledge and agree that the provisions of this Exhibit E and the conditions shown in Exhibit A shall survive any termination ofthis Grant Contract as well as any Closing. 15. Time ofthe] Essence, Time is oft the essence in the performance oft this Grant Contract.  sex, national origin, sexual orientation, gender identity, or disability.  its rights under the Grant Contract in such courts. whichs shall remain ini full force and effect. available in connection with this Grant Contract.  City of Kinston (NCLWF2022-FRR26 Adkin) Branch Flood Mitigation Phase IC Construction)  Page 25 of25    City of Kinston City Council Agenda  OFSIIVE  Meeting Date: Tuesday,.January 02, 2024  Agenda Section: OTHER  Item Request: Information Only  Agenda Item to be Considered  Presenter: Elizabeth Blount, Planning Director Subject: Glen Raven Mill Request for Proposals Action Requested: No Action Needed Supporting Documentation: Memo  Department Head's Approval  City Manager's Approval RB  Budgetary Impact: Staff Recommendation:  R None  Budgeted  Needs Budget Ordinance  Updated September2036    City of Kinston Post Office Box 339 Kinston, North Carolina 28502 Phone: 252.939.3110 Fax:252.919.3388  DONI HARDY Mayor Rhondal Barwick City Manager JAMESP. CAULEYIII City Attorney DEBRA THOMPSON City Clerk  OISuI  MEMORANDUM TO: FROM: DATE:  Honorable Mayor and City Council Elizabeth Blount, Planning Director December 18,2023  SUBJECT: Glen Raven Mill Request for Proposal  Planning Staff will publicize request for proposals for the redevelopment of Glen Raven Mill. We have received inquiries concerning the property. Requests will be advertised on the City's website, thel North Carolina Department of Administration website, and Kinston Free Press. Staff will also setup a Glen Raven Information page on the City ofKinston's website.  Action Requested: No Action    City of] Kinston City Council Agenda  COSIR  Meeting Date: Tuesday, January 02, 2024  Agenda Section: Action Agenda Item Request: Consensus  Agenda Item to be Considered  Presenter: Elizabeth Blount, Planning Director  Subject: Social District  Action Requested: Discussion and Direction  Supporting Documentation: Memo, General Statues 18b-300.1, 160A-205.4, Pros & Cons summation  Department Head's Approval  City Manager's Approval RB  Budgetary Impact: Staff Recommendation:  R None  Budgeted  Needs Budget Ordinance  Updated September2016    City of Kinston Post Office Box 339 Kinston, North Carolina 28502 Phone: 252.939.3110 Fax: 252.919.3388  DONI HARDY Mayor Rhonda Barwick City Manager JAMESP.CAULEYIN City Attorney DEBRA THOMPSON City Clerk  MEMORANDUM TO: FROM: DATE:  Honorable Mayor and City Council December 18, 2023  Elizabeth Blount, Planning Director & Brittany Best, LFNC Fellow  SUBJECT: Social District Results  Background: In 2021, the North Carolina General Assembly passed House Bill 890 (HB 890) allowing cities to establish social districts within their communities. A social district is a defined area in which aj person may consume alcoholic beverages sold by aj permittee. Planning Staff conducted two inj person and one virtual listening forum as well as surveyed downtown establishments. Citizens voiced that a social district could increase tourism, encourage people to enjoy downtown and increase economic development. Some concerns from citizens were the increased trash, rowdy behavior and abuse oft the district. Overall citizens were Action Requested: Direction from Council to pursue establishment of social district or forego Attachments: GS 18B 300.1, GS 160A-205.4, and pros and cons summation  ini favor ofas social district downtown.    Community Input Session: Social District Pros & Cons  Pros:  Increase in tourism  Encourages people to come to Kinston Increases foot traffic in Downtown - Encourages mobility Increases economic development Enhances community  Encourages people to enjoy Downtown and what it has to offer Keeps Kinston "up to speed" with trends and surrounding cities  Cons:  Potential overconsumption ofalcoholic beverages  Increase in rowdy behavior ones recommended or established) Gives businesses more to think about Increases cost for businesses Cups, decals, workers, etc. Possibly abuse of the district Increase waste Things to think about:  Businesses not being consistent with signage/suppliers (finding cheaper avenues than the  Who will be liable for accidents involving alcohol within the district?  Will the district be opened on Sundays? alcohol by minors or prohibited refills? Will this increase traffic on Herittage St? What about speed?  How will the City/district participants control the sharing & illegal consumption of    $18B-300.1. Authorization and regulation of social districts.  (a) Policy. - The intent of this section is to regulate open containers of alcoholic beverages that customers ofap permittee take from the permittee's licensed premises into another area where consumption of the alcoholic beverages is allowed. This section shall not in any way limit the consumption or possession ofalcoholic beverages otherwise allowed under this Chapter.  (b) Definitions. - The following definitions apply in this section:  (1) Customer.- = A person who purchases an alcoholic beverage from a permittee (2) Non-permittee business. = A business that is located in a social district and (3) Permittee. - An establishment holding any oft the following permits issued by a. An on-premises malt beverage permit issued pursuant to b. An on-premises unfortified wine permit issued pursuant to An on-premises fortified wine permit issued pursuant to A mixed beverages permit issued pursuant to G.S. 18B-1001(10). e. A wine shop permit issued pursuant to G.S. 18B-1001(16). A distillery permit issued pursuant to G.S. 18B-1100(5). (4) Social district. - A defined area in which a person may consume alcoholic beverages sold by a permittee. A social district may include both indoor and outdoor areas of businesses within or contiguous to the defined area during the days and hours set by the local government by ordinance pursuant to subsection (d) of this section. A social district may include privately owned property, including permittees and non-permittee businesses, and multi-tenant establishments, as defined in G.S. 18B-1001.5, and public streets, crosswalks, or parking areas whether or not the streets or parking areas are closed to  that is in a social district. does not hold any ABC permit. the Commission:  G.S. 18B-1001(1). G.S. 18B-1001(3). G.S. 18B-1001(5).  C. d. f.  vehicle traffic.  () Local Ordinances Authorized. = Pursuant to G.S. 153A-145.9, a county may adopt an ordinance designating one or more social districts in the parts of the county outside any city. Pursuant to G.S. 160A-205.4, a city may adopt an ordinance designating one or more social (d) Requirements for Designation. - A social district designated under this section shall (1) The social district shall be clearly defined with signs posted in a conspicuous location indicating which area is included in the social district, the days and hours during which alcoholic beverages may be consumed in the social district, the telephone number for the ALE Division and the local law enforcement agency with jurisdiction over the area comprising the social district, and a clear statement that an alcoholic beverage purchased from a permittee for consumption in as social district shall (i) only be consumed ini the social district and (ii) be disposed of before the person in possession of the alcoholic beverage exits the social district. The hours set by a city or county during which customer-purchased alcoholic beverages may be consumed in a (2) The city or county, ort the city's or county'sdesignee, shall establish or approve management and maintenance plans fort the social district and post these plans, along with a rendering of the boundaries of the social district and days and  districts.  meet all oft the following requirements:  social district shall bei in accordance with G.S. 18B-1004.  G.S. 18B-300.1  Page I    hours during which alcoholic beverages may be consumed in the social district, on the website for the city or county. The city's or county's designee may include a private entity, including a property owner or property owner's association. Any plan established under this subdivision shall be approved by the governing body of the city or county. The social district shall be maintained in a manner that protects the health and safety of the general public. The city or county may establish guidelines in the ordinance establishing the social district or in its management and maintenance plan to allow for suspension of regular days and hours of alcohol consumption in all or part of a social district during events requiring other permits pursuant to (3) Before allowing consumption of alcoholic beverages in a social district, the city or county shall submit to the Commission a detailed map of the social district with the boundaries oft the social district clearly marked, and the days and hours during which alcoholic beverages may be consumed in the social district. The city or county shall only be required to submit a revised map to the Commission if the city or county amends the geographic footprint of a social district. A permittee may be included in the social district even ifit chooses to exclude open containers of alcoholic beverages purchased from (4) The city or county, ort the city's or county's designee, shall develop or approve uniform signs indicating that a non-permittee business isi included in thes social district and allows alcoholic beverages on its premises when the social district isa active and distribute the signs to non-permittee businesses that are included in the social district. The city's or county's designee may include a private entity, including a property owner or property owner's association. The signs may bei in the form ofas sticker, placard, or other format as deemed appropriate by the city or county. A participating non-permittee business shall display the uniform sign at all times during the times when the social district is active. A customer may not bring an alcoholic beverage into a non-permittee business that does not display the uniform sign. No non-permittee business shall be required toj participate or be included in a social district or to allow customers  subsection () ofthis section.  other permittees in the social district.  to bring alcohol onto its premises.  (e) Open Containers Sold by Permittees. - A permittee located in a social district may sell open containers of alcoholic beverages and allow customers to exit its licensed premises to  the social district in accordance with the following requirements:  (1) The permittee shall only sell and serve alcoholic beverages on its licensed (2) The permittee shall only sell an open container of an alcoholic beverage for consumption in the social district and off the premises of the permittee in a a. The container clearly identifies the permittee from which the alcoholic b. The container clearly displays a logo or some other mark that is unique d. The container displays, in no less than 12-point font, the statement, The container shall not hold more than 161 fluid ounces.  premises.  container that meets all oft the following requirements:  beverage was purchased.  to the social district in which it will be consumed. The container is not comprised of glass. "Drink Responsibly- - Be21."  C. e.  G.S. 18B-300.1  Page 2    (3) Nothing int this subsection shall be construed to authorize the sale and delivery of alcoholic beverage drinks in excess of the limitation set forth in (f) Limitations on Open Containers. - Except where otherwise allowed by local ordinance, the possession and consumption of an open container of an alcoholic beverage in a  G.S. 18B-1010.  social district is subject to all ofthe following requirements:  (I) A customer may only possess and consume open containers of alcoholic beverages that were purchased from a permittee located in the social district. (2) Customer-purchased open containers of alcoholic beverages in the social district shall only be in containers meeting the requirements set forth in subsection (e) oft this section, except for open containers sold by a permittee (3) A customer may only possess and consume open containers of alcoholic beverages in the social district during the days and hours set by the city or county in accordance with subsection (b) of this section, not to exceed the hours for consumption authorized pursuant to G.S. 18B-1004. (4) A customer shall not possess at one time open containers of alcoholic beverages in the social district in excess oft the number ofa alcoholic beverages that may be sold and delivered by a retail permittee as set forth in (5) A customer shall dispose of any open container of an alcoholic beverage purchased from a permittee in the customer's possession prior to exiting the social district unless the customer is reentering the licensed premises of the permittee where the customer purchased the alcoholic beverage. (6) Notwithstanding G.S. 18B-300 and G.S. 18B-301, a permittee or non-permittee business may allow a customer to possess and consume on the business's premises alcoholic beverages purchased from a permittee in the  for consumption on the permittee's premises.  G.S.18B-1010.  social district.  (g) Limitations on Closed Containers. - A person, including a customer who is in possession of an open container of an alcoholic beverage authorized under this section, may possess alcoholic beverages in closed containers in a social district to the extent allowed by law. (h) Responsibilities ofNon-Permittee Businesses.- - A non-permittee business that is] part ofas social district and that allows customers to bring alcoholic beverages onto its premises shall not be responsible for enforcement oft this Chapter. All non-permittee businesses that are part of a social district and that allow customers to bring alcoholic beverages onto their premises shall clearly post signage on any exits that do not open to the social district indicating that alcoholic beverages may not be taken past that point. During the days and hours when the social district is active, a non-permittee business that allows customers to bring alcoholic beverages onto its premises shall allow law enforcement officers access to the areas of the premises accessible by (i) Multi-Tenant Establishments Located in a Social District. = Permittees and non-permittee businesses in a multi-tenant establishment located within a social district may participate in the social district regardless of whether the multi-tenant establishment has a () Interaction with Other Permits. = The Commission shall issue permits for special events occurring partially or entirely within the boundaries of a social district as follows: (I) The Commission may issue special one-time permits pursuant to G.S. 18B-1002(a)(2) or (a)(5) for events occurring on premises located partially or entirely within the boundaries of a social district. If the event is scheduled to occur during hours when alcoholic beverages may be consumed  customers.  common area entertainment permit.  G.S. 18B-300.1  Page 3    in the social district, the event permittee shall, in addition to obtaining such signed law enforcement notification as may be required under the Commission's rules, include in such notification.a statement that the event is to occur in a social district during days and hours designated for consumption (2) Aj permittee holding a winery special event permit, malt beverage special event permit, or spirituous liquor special event permit pursuant to G.S. 18B-1114.1, 18B-1114.5, and 18B-1114.7, respectively, may sell and serve products at special events taking place in a social district. (3) A permittee holding a mixed beverages catering permit pursuant to G.S. HP-ICmysmepintine liquor to guests at events taking place  ofalcoholic beverages.  inas social district. 2022-49,s.300.)  G.S. 18B-300.1  Page 4    S 160A-205.4. Authorization ofs social districts. with G.S. 18B-300.1. (2021-150, $.20.2;2022-49,: s.3 3(e).)  A city may adopt an ordinance designating one or more social districts for use in accordance  G.S. 160A-205.4  Page I    City of Kinston City CouncilAgenda  COSIIE  Meeting Date: Tuesday, January 02, 2024  Agenda Section: Action Agenda Item Request: Agreement  Agenda Item to be Considered  Presenter: Mayor Don Hardy  Subject: Donation Request from Act Now Community Development Corp. Action Requested: Consider donation or license agreement for 808 N. East St.  Supporting Documentation: Memos, Lettero of] Request, Draft License Agreement and related policies  Department Head's Approval  City Manager's Approval  D  Budgetary Impact: Staff Recommendation:  R None  Budgeted  LJ Needs Budget Ordinance  Updated September2036    City of Kinston Post Office Box 339 Kinston, North Carolina 28502 Phone: 252.939.3111 Fax: 252.939.3388  DONI HARDY Mayor RHONDAI BARWWICK City Manager JAMESP.CAULEYI City Attorney DEBRA THOMPSON City Clerk  sung  MEMORANDUM  TO: FROM: RE: DATE:  Mayor Hardy and Kinston City Council Rhonda Barwick, City Manager   Request to install Community Butterfly Garden - 808 N. East Street  December 28, 2023  Attached ist the original Agenda Item presented to Council in March of2023 regarding Mrs. Hernika Cannon's request on behalfofAct Now Community Development Corp. toi install a Community Butterfly Garden at 808 N. East Street. Aftera a few conversations around this time between Mrs. Cannon and the Council ultimately no agreement was reached. I understand Mayor Hardy had recent discussions with Mrs. Cannon and has requested it be placed on the. January agenda for additional  consideration. Action Requested:  Consider approval ofal License Agreement between the City of Kinston and Act Now Community  Development Corp for 808 N. East Street.  COUNCILMEMBERS: ROBERTA.SWINSON. IV.-FBLICIAS SOLOMON-ANTONIO, HARDY- -CHRIS]SUGGS-    City of Kinston Post Office Box 339 Kinston, North Carolina 28502 Phone: 252.939.3111 Fax: 252.939.3388  DON HARDY Mayor RHONDA BARWWICK City Manager JAMESP.CAULEYI City Attorney DEBRA THOMPSON City Clerk  11  MEMORANDUM  TO: FROM: RE: DATE:  Mayor Hardy and Kinston City Council Rhonda Barwick, City Managpr %  Request to install Community Butterfly Garden - 808 N. East Street  March 1,2 2023  Mrs. Hernika Cannon on behalfofA Act Now Community Development Corp. has requested the Council's approval to install a Community Butterfly Garden at 8081 N. East Street. Mrs. Cannon and her organization had been maintaining this lot through the former Adopl-A-Vacant Lot program through Kinston Teens. Herinitial request was for the City to donate the lot to Act Now. However, City lots are made available for sale to the highest bidder. After discussing her request with the City Attorney, Is suggest the Council consider approving a License Agreement with Mrs. Cannon for the specific purpose ofinstalling the Butterfly Garden at a cost of $1.00 per year. Her request which includes plans for the garden are attached. The only structures she plans toi install are pressure treated fences along two sides. Should the lot become in disrepair the Agreement can be terminated by the  City at any time.  The following documents are attached for your reference:  1. Draft License Agreement  2. Summary oft the Adopt-A-Vacant Lot program from Kinston Teens website 3. Council's recently adopted policy on the sale ofCity-owned properties  Action Requested:  Consider approval ofal License Agreement between the City of Kinston and Act Now Community  Development Corp for 808 N. East Street.  COUNCILMEMBERS: ROBERTA A.SWINSON,! V.-SAMMYCAIKEN- -FELICIA: SOLOMON- ANTONOMADY-GIRSSUG:    TNOW  9121 Pamela Drive] P.O. Box 95, Kinston, NC 28502] saaNsmsimisn  July 11, 2022 City of Kinston 207 E. King Street Kinston, NC 28501  Dear Mayor and Members of the Kinston City Council: This letter is to introduce Act Now Community Development Corporation, Inc., and our request for the donation of the vacant lot we adopted during the Adopt-A-Vacant Lot program located at 808 Act Now CDC, Inc., is a 501c3 tax-exempt nonprofit organization with a mission to connect citizens of Lenoir County to community assets while providing initiatives that will assist them to recognize and develop their ability and potential to become self-supporting with the hopes of improving their quality of life. Act Now CDC, Inc. is anchored by four pillars, which are:  N. East Street, Kinston, NC 28501.  Community Connect (focuses on Community and Family Initiative to Thrive (focuses on Economic and Workforce Visions of Home (focuses on Housing options with levels of Transformation Initiative (focuses on citizens becoming and being the very best versions of themselves).  Engagement), Development), support), and the  Our adopted lot is nestled under the Community Connect pillar, entitled the "Oasis of Hope" Community Butterfly Garden. The objective of this initial project is to inspire hope for a beautiful, thriving, and vibrant community that will offer benefits such as  Action Creates Transformation, Nowi is thet time to spread your wings and fly!!!    ASINPKY  912 Pamela Drive [P.O. Box 95, Kinston, NC ANSte beautification of an unused vacant lot, educational supplement to assist with science lesson plans and a serene environment to  motivate mindfulness and meditation.  We would like to proceed with our vision of transforming the vacant lot to a Community Butterfly Garden. The garden will have a pressure-treated cedar fence on two sides of the lot with shrubbery aligning the fence. Four butterfly benches, two trash receptables, an educational metamorphosis display and the focal point of the project will be a butterfly-shaped garden composed of a variety of visually stimulating plants with a butterfly feeder in the center that will be dedicated to our Board Member, Mrs. Evernell Pittman. For your convenience, we have enclosed a diagram of our vision as well as Although, the Adopt-A-Vacant Lot Program has ended we have faithfully continued the upkeep of the vacant lot to ensure a pleasant appearance for our citizens and visitors especially during We would like to request that the City Council vote during this month's meeting, if possible. Our first order of business after conveyance of the property if approved will be to get the lot surveyed to ensure our fence doesn't encroach on our neighbor's Your time and consideration are greatly appreciated. If anyone has any questions, please feel free to contact me at (252)268-6005 or by  current photos of the lot.  the summer months.  property.  email at actnowcdcegmal.com  Take good care, CHemik3P@mm Hernika P. Cannon Founder Act Now CDC, Inc.  Action Creates Transformation, Now is the time tos spread your wings and fly!!!    I A  I  I f C -  N  C 3 m  GBAINGER  AVENUE    a S  : 8 S E 9 5 0 B E A à oO - - -    hrhen inuthy Community (velopment Corporation, Inc.    Property Address:  LICENSE AGREEMENT  NORTH CAROLINA LENOIR COUNTY  ME  THIS LICENSE, (License) is given and entered into this. day of  2023, by a corporation  and between the City of Kinston, a North Carolina Municipal Corporation located in Lenoir doing business in Kinston, North Carolina, (whether one or more, "Licensees");  County, North Carolina ("Licensor")and  WITNESSETH:  WHEREAS, Licensor is the owner oft the real estate described as 808 N. East Street, Kinston, NC, map attached hereto and incorporated herein by reference (the "Premises"); and  WHEREAS, Licensee is a corporation doing business at  such  property being adjacent to the Premises; and  WHEREAS, Licensee desires access to the Premises for the purpose of planting a Community Butterfly Garden which will be maintained by the Licensee, and Licensor has agreed to give license to the Premises tol Licensee subject to the terms and conditions hereinafter set forth. NOW,THEREFORL, inc consideration ofthej payment stated herein and covenants, terms, and conditions hereinafter set forth, Licensor does hereby give License to the land described on  Appendix I.  This License is executed upon the following terms and conditions:  1.This License is Not an Estate in] Land. This License is not an estate and creates no substantial interest nor right in the Premises in favor of the Licensee other than those enumerated herein; instead, this License merely serves to give the Licensee(s) the right to perform the acts herein stated upon the Premises. Licensee(s) shall not attempt to act in any way beyond the scope ofthis License, which is intended to merely create a revokable personal privilege for the use of the Premises. Sucha acts beyond the scope ofthis License include any act consistent with the ownership ofan estate in land, such as an attempt to assign, mortgage, pledge or otherwise convey an interest  in the Premises. This License shall end upon the death  ofthel Licensee(s).  1of6    2. Duration. This License shall commence on the execution hereof by all parties (the Commencement Date") and unless sooner terminated asl herein provided, shall exist and continue fora period dofone( (1)yeart thereafter, (the "Expiration! Date"); provided, however, notwithstanding any other provision of this License, Licensor shall have the right to terminate this License at any time upon not less than seven (7) days written notice tol Liçensee. Such notice oft termination shall specify a termination date, which shall not be less than seven (7) days from the date the notice is 3. Payment. Licensee shall pay Licensor the amount of one dollar lyear ($1.00) for the use of 4. Renewal. This License shall automatically renew for successive terms of one (1) year each unless one party shall have notified the other in writing ofi its desire to terminate this License not 5. Licensor's Obligations. Licensor is allowing use of the Premises to Licensee in an "as is condition" and makes no representations, express or implied, that the Premises is suitable for the use permitted by this License, or any other use. Licensor shall have no obligation of any kind, sort, or nature with regard to the Premises, nor shall Licensor have any obligation to make any payment or invest any money in, or take any other action with respect to the Premises. 6. Use of the Premises. The Premises are to be used and occupied by Licensee solely as open space and for no other purpose. Licensee shall at all times fully and properly comply with all laws, ordinances, and regulations governing the use oft the Premises enacted or adopted by every lawful 7. Rules Governing the Use of the Premises. The following rules and regulations shall govern  given, and this License shall terminate on the date so specified.  the Premises.  less than thirty (30) days prior to the end of the then current term.  authority havingjurisdiction over the same, the use ofthe Premises by Licensee:  a. b. C. d.  Licensee shall only use the Premises for the purpose of installing a Community Licensee shall not place any fully enclosed structures on the Premises. Licensee must properly maintain any structure placed on the Premises, such that at all times the structure is in compliance with all applicable State, County and City Licensee shall not build any fires or permit any burning on the Premises and shall not cause or permit any use that will in any way increase the possibility of fire or other casualty, nor shall Licensee allow or permit the use of any firearms or Licensee shall not cause or permit any improper noises on the Premises or allow any unpleasant odors to emanate from the Premises or otherwise annoy in any way  Butterfly Garden.  building codes.  explosives on the Premises. other residents int the area.  e.  2of6    f. g.  Licensee agrees to maintain the Premises by regular mowing and pruning vegetation to a standard that is consistent with the property maintenance of Licensee's adjacent property and to the reasonable satisfaction ofLicensor. Licensee shall not cause or permit Hazardous Material (as hereinafter defined) to be brought upon, kept or used in and about the Premises by Licensee, his/her, or their agents, employees, contractors, or invitees. As used herein the terms "Hazardous Material' means any hazardous or toxic substance, material or waste, including, but not limited to, those substances, materials, and waste listed in the United States Department of Transportation Hazardous Materials Table (49 CFR 172.01) or by the Environmental Protection Agency as hazardous substance pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of1980 as amended (42 U.S.C. $ 601 et seq.), and any regulations promulgated thereunder and amendments thereto, and shall include all substances, materials, and waste that are or become regulated under any other applicable local, state, or federal law. Hazardous Material shall also extend to and include any substançes prohibited under standard forms of fire insurançe policies.  8. No Rights of Use Create a Coupled Interest. It is the intent of both parties that none of Licensee'sri rights regarding the use ofl Premises as set out herein, be construed as creatingaLicense Coupled with an Interest. The parties intend that this License remain revokable under the terms 9. Release and Indemnity. To the fullest extent permitted by law, Licensee shall release, indemnify, and! keep and savel harmless Licensor,1 Licensor'sagents, officials, and employees, from any and all responsibility or liability for any and all damage or injury of any kind or nature whatever (including death resulting therefrom) to all persons, whether agents, officials, and employees of Liçensor, Licensee, or third persons, and to all property (including the property of Licensee) caused by, instituted, resulting from, rising out of, or accruing in connection with, directly or indirectly, the use or occupancy of the Premises by Licensee (or by any person who may be acting for Licensee or for whom Licensee is or is alleged to be in any way responsible), whether such claim may be based in whole or inj part upon contract, tort (including alleged active or passive negligence or participation in the wrong), or upon any alleged breach of any duty or obligation on the part ofL Licensee, Licensee's agents, employees, ori invitees, or otherwise. The provisions ofthis paragraph shall include any claim for equitable relieforc damages (compensatory or punitive) against claimant and shall include any and all losses, damages, injuries, settlements, judgments, decrees, awards, fines, penalties, claims, costs, ande expenses. Expenses as used herein shall include, without limitation, the cost incurred by Licensor, Licensor's agents, officials, and employees, in connection with investigating any claim or defending any action, and shall also include attorneys' fees by reason of the assertion of any such claim against Licensor, Licensor's agents, officials, or employees. Licensee expressly understands and agrees that any insurance protection required by this License, or otherwise provided by Licensee, will in no way limit  and procedures contained herein.  3of6    Licensee's responsibility to release, indemnify, keep and save harmless and defend Licensor as provided herein. The intention of the parties is to apply and construe this release and Indemnity 10. Insurance At Licensee's expense, Licensee agrees to procure and maintain (i) liability insurance, at its own expense, insuring Licensee, with the Licensor named as additional insured, for bodily injury or death to any persons or property damage in an amount of not less than a combined single limit of $1,000,000.00, made by or on behalfofany person, firm or corporation arising from the operation of Licensee's business at the Premises and (ii) hazard insurance (with standard deductibles, in Licensee's discretion) insuring the Premises for fire, casualty and extended coverage up to the full replacement value of the Premises. Licensee shall provide annually to Licensor written evidence of the existence of the same. Such insurance will not be subject to cancellation except after at least thirty (30) days prior written notice to Licensor. Notwithstanding the foregoing, Licensee's insurance may be in the form of "umbrella" coverage and in a form otherwise reasonably acceptable to Licensor. Licensee may insure its personal property and fixtures located at the Premises in such amounts as Licensee deems appropriate. 10. Default. Licensee'sf failuret to (i) use thel Premises as provided int the License, (ii) comply with the rules and regulations governing the use of the Premises, (iii) provide and keep in force the required insurance, or (iv) comply with any other term or condition ofthis License shall constitute an Event of] Default. Upon the occurrence of an Event of Default Licensor shall notify Licensee in writing ofsuch default andi ift the Event of Default has not been cured or corrected within fifteen (15) days oft the giving of such notice this License shall automatically terminate. 11. Notices. All notices given hereunder shall be made in writing, Such notices shall be deemed given when personally delivered or deposited in the United States mail, certified or registered mail, postage prepaid, addressed to the respective party at the address shown below, unless a different  broadly ini favor ofLicensor.  address shall have been provided in writing:  Ifto Licensor:  City of] Kinston P.O. Box 339  Kinston, North Carolina 28502  Ifto Licensee:  4of6    12. No Waiver. Licensor's failure to enforce or delay in enforcing any oft the provisions, rights, orremedies in this) License shall not be a waiver nori in any way affect the validity ofthis License or any part hereof, or the right of Licensor to enforce each and every provision, right, or remedy contained herein. No waiver ofa any breach of any provision oft this License shall bel held to be a 13. Entire Agreement. This License set forth all the covenants, promises, agreements, conditions, andi understandings between Licensor and Licensee concerning thel Premises. Licensee shall make no claim on account of any alleged representations contained in prior discussions, correspondence, or other documents, nots set forthi int this License. ThisLicense shall not be altered, amended, or changed except by a written document executed by Licensor and Licensee. 14. Time is of the essence. Time is of the essence in this Liçense and the performance of all IN WITNESS WHEREOF, Licensor and Licensee have executed this License as oft the day  waiver ofany other subsequent breach of the same or any other provision,  obligations hereunder. and year first written above.  LICENSOR CITY OF KINSTON  By:  Don Hardy, Mayor  ATTEST:  Debra Thompson, City Clerk  (SEAL)  LICENSEE(S)  (SEAL) (SEAL)  NORTH CAROLINA LENOIR COUNTY  5of6    al Notary Public oft the County and State aforesaid, do hereby  certify that Debra Thompson personally appeared before me this day and acknowledged that she is City Clerk ofthe City ofl Kinston, a North Carolina municipal corporation, and that by authority duly given and as the act of the municipal corporation, the foregoing instrument was signed in its name by its Mayor, sealed with its corporate seal, and attested by herself as its City Clerk,  Witness my hand and official stamp or seal, this the.  day of  2023.  Notary Public  My Commission Expires: (OFFICIALSEAL)  NORTH CAROLINA LENOIR COUNTY certify that_  aN Notary Public oft the County and State aforesaid, do hereby  Licensee(s) of the City of Kinston, personally  appeared before me this day and acknowledged the due execution ofthe foregoing instrument.  Witness my hand and official stamp or seal, this the  day of  2023.  Notary Public  My Commission Expires: (OFFICIAL SEAL  6of6    KINSTON TEENS  312521522-5012  home oboulvs evenls ovrp progroms joinvs! donale con  communily messogeb board I  ADOPT-A-VACANTIOT  Transforming vacant spaces into beneficial community amenities!  TheA AigAlaxowlahiegon- wosoplatp progromfion 2016 unt12 2019 loollowo chorches, foriies, businenesonde ohergroupitoo odoptc city-owned varonteuondvenlove" heminobeo.siv communty omenires DaCly ofknsion ond) Kinyon Teense envisionedo owide ronge oivest fori lhisp progron. Exomple projecsc coni includes smollascole forms, comnynilys gordens ondr recreoton oreos. Sor  ideo::  Adasanyentpaepaaeyp-watalmabshsan)-ahapergpata AyAep-haapeaihAsanyeWahmepsaa. slendo osolong-l lermf fundroiser fort theird orgonizotion. AMiglhohosmikvloo,ovoramlabaidet theirh hone locreoleo" ivingfence," orjutiomointoinih thep propenylokepiicson.  Whilerh mhep piogramhorended. y-mt-saeDaeN RESOURCES  tort thec  nfictre.ne AVLP Progromy wosr modep posibleb byagtonte coatribuionl from WellsF Forgoc ondihel Vnieds Stoles Conferencec  Moyorsin2 2016.1 Toserved osoresourcek loc otherd orgonizofions ond commvniriesy Mamylinendalbanget similorp progrom, belowyovy willfndo ourP Process OverviewondA Applicotion. lnteresed  AVIProcess Overview- Usel Wadeemualboyepbyamp. overviewofthe Adap.Aocomilalegon. howivoisondhowyour: orgonizotiontoke, portinit,  AVL Application- Clickl here! lor thei initoloppicolonfory yourc commwnihyotgarizoionk lo odoptolotih throvgh he AVLF Progiom. Appicolions cono olsob be loundo otthe) Kinslon Teenso ollice ork Kinslor lyou arei interestedino aequiringavacan!! lotink Kinston,) you cand contach the Kinsion Planning Papamamel2PPa29en. thel Lenoir Counly Tox Departmento at! (252)  PlonningDeporment  527-7174t0learnr more obout dremdwwyeatpyn andy whal slepsyovllneedto! toke.    Kinston Teens gpepebalygorcmny wwwinstonteensors  OSLIZE  Adopt-a-Vacant Lot Program  Thank you for your interest in the Adopt-A-Vacant Lot Program! We're grateful to offer this positive initiative in our city that encourages community beautification and civic responsibility. The Adopt-A- Vacant Lot Program allows churches, families, businesses and other groups to adopt city-owned These underutilized spaces present tremendous potential for neighborhood improvement and we'd  vacant lots and transform them into beautiful community amenities.  love for you to take advantage oft them!  How It Works  Preliminary  1. Like any great project, it: starts with a great idea. AVL Adoption Application to Kinston Teens.  2. Your church, family, business or organization chooses an available lot, and then submits the  a. lfapproved, the application is sent to the City of Kinston's Planning Department for  review and final approval. b. The application may be returned to youi if:  thel lot is no longer available, and you need to choose another lot; ii. the application needs clarity or more information; or ii. the application does not fit into the program vision.  Your Application Was Approved!  3. After your application has received final approval, you then complete an AVL License Application. This application asks for more technical and legal information regarding your organization, and 4. Once processed, the AVLI License for the requested lot is issued to your adopting organization.  must be notarized.  This license gives you clearance to begin working on your lot.  The Lot is Adopted  5. Once you've received your AVL License, you're expected to get the ball rolling on your project. 6. Your organization is encouraged to host a groundbreaking or project kickoff event with representatives from Kinston Teens, the City of Kinston and the Chamber of Commerce! Just 7. Aty your expense, you can purchase water or electric utilities from Kinston Public Services. 8. Kinston Teens and Kinston Planning representatives will conduct project reviews twice per year tor monitor the progress of adopted lots, to ensure regular maintenance is occurring and to 9. Continue your work to beautify this lot and take pride in our community! The Gity of Kinston reserves the right to terminate an AVL License at anyt time at the discretion oft the Kinston City  reach out to us and we'll help you make it happen!  determine program compliance.  Council.    Kinston Teens ROawyerumny wwwlinstonteensorg  S00  Adopt-a-Vacant Lot Program  Program Grants  Once an organization has received an AVLI License and given the "OK" to begin work on their lot, they are eligible to apply for a Project Grant from Kinston Teens. Organizations can submit a Project Grant Request for up to $750, to assist with supplies for the completion ofa a project on their adopted lot, Requests for funding willl be reviewed byt the Kinston Teens Board of Directors within  four weeks of submission. After Two-Year Adoption Period  1. After two years, thel lot is reviewed by Kinston Teens for success and positive maintenance, 2. Kinston Teens then makes a recommendation to the Kinston Planning Department to:  a. Renewt the AVL License for another two years;  b. Graduate the project from the adoption program because of its success; or  Suspendt the AVL License.  3. The Kinston Planning Department then reviews AVL License recommendations for approval. 4. Ift the lot has been successfully and positively maintained for two years, it may be graduated' 5. Once graduated, the City of Kinston can, in accordance with applicable state laws, choose to convey the lot to your adopting organization for free (if the loti is used for a not-for-profit 6. Kinston Teens and Kinston Planning representatives will submit a recommendation for sale or conveyance of the lot, and your organization will present the success of your project for review  Community Acquisition of Lot from the program.  purpose) or sell it at fair market value. at a meeting oft the Kinston Gity Council.  7. The Kinston City Council will deliberate and vote on the recommendation.  Where to Find Lots  You can: spot lots eligible for adoption by the "Adopt-A-Vacant Lot" sign located on the lot, or visiting www.kinstontens.org for al listing and digital map of available lots.  Where to Find Forms & More Information  Forms and more information on the Adopt-A-Vacant Lot program can be found at the office of  Kinston Teens, on the Kinston Teens website, or at Kinston Gity Hall.  Kinston Teens, Inc, (252) 522-8012 327 N. Queen Street, Suite 111 Kinston, NC: 28501 inl@Ainstonteens.orgy  Gity of Kinston Planning Department (252) 939-3269 207 E. King Street Kinston, NC: 28501 planning@danstonncus    POLICYSTATEMENT ON ADVERTISING CITY OWNED PROPERTIES AND DESIRED MINIMUM BIDS FOR THE UPSET BID PROCESS WHEREAS, the City of Kinston owns some parcels of real property that hold no purpose or use in City government functions; and the City ofl Kinston desires to relieve itself of these properties by ençouraging interested parties to submit offers to acquire these properties; and WHEREAS, acquisition of these properties by private individuals, businesses, or organizations will encourage economic growth and community development, especially in distressed WHEREAS, acquisition of these properties by private individuals, businesses, or organizations will allow for the City of Kinston and Lenoir County to collect tax revenues from these properties; WHEREAS, North Carolina General Statute $160A-269 permits the City of Kinston to sell WHEREAS, the City of] Kinston incurs costs associated with the acquisition, maintenance, weed abatement, advertisement, and sale of these properties, and seeks to increase its return on these NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OFKINSTONI DECLARES THAT: 1. The City Council directs City staff to develop al list of City-owned properties that bear no use or purpose towards City goverment functions and present this list to the Council by 2. This list ofproperties shall NOT include parcels that are: reserved for City-led community or economic development projects, are in a FEMA designated flood zone, or were purchased using FEMA Hazard Mitigation Grant Program, HUD buyout funds, or other 3. Once this list has been approved by the City Council, City staff shall advertise this list on the City of Kinston' 's official website, social media pages, and by sending aj press release to local media outlets. This list shall also be made available for public inspection in the 4. The City Council requires that initial offers for the upset bid process to be, at minimum, 5. The City Council requires that the deposit amount be not less than the full amount of the 6. The City Council requires that the high bidder cover the advertising costs for any bids 7. The City Council reserves the right to accept or reject bids at its discretion in accordance  neighborhoods; and  and  property by upset bid; and  costs;  December ofeach year for approval.  state or federal flood mitigation funds,  City Clerk's Office and in the City's Planning Department. 15% oft the appraised tax value oft the property. bid for any bids under $1,000. under $1,000.00.  with North Carolina General Statute $160A-269.    POLICY STATEMENT ON ADVERTISING CITY OWNED PROPERTIES AND DESIRED MINIMUM BIDS FOR THE UPSET BID PROCESS  ADOPTED this the Sayerk /DeTa8A.,2022.  k -  a  Debra Thompson,  Ddlee  2    City of Kinston City Council Agenda  IORLI  Meeting Date: Tuesday, January 02, 2024  Agenda Section: City Manager's Report Item Request: Information Only  Agenda Item to be Considered  Presenter: Rhonda Barwick, City Manager Subject: Kinston 101 Update Action Requested: None  Supporting Documentation: Email  Department Head's Approval  City Manager's Approval  K  Budgetary Impact: Staff Recommendation:  None  B Budgeted  Needs Budget Ordinance  Updatad September 2016    Page 1 of1  Rhonda Barwick Kinston 101 From: Elizabeth Blount To: Barwick, Rhonda Date: 12/20/2023 11:15. AM Subject: Kinston 101 Cc:  Simmons, Althea; Best, Brittany  Hello Rhonda,  This email is to inform you that Kinston 101 will begin Wednesday, January 17, 2024 at 6 pm in the Council Chambers. Planning staff is super excited to begin this 9 week series designed to give citizens a broad but comprehensive understanding of city operations and opportunities to be involved in government work. We currently have six (6) enrollees and have spots available for more. Citizens interested in participating can fill out an application on the Planning Department page on the City's website or by contact our North  Carolina Lead Fellows Brittany Best at 252-939-4021,  Elizabeth Blount, CZO Planning Director City of Kinston 252-939-3271 (0) 252-939-312Z(F) Okinstonplanning www.c.kinston.ncus  flelICUsers/usetr/ppDatwLoalTempXPOmpWisel6se/6582CCDECHPOI1001356B31. 12/20/2023    City of Kinston City Council Agenda  COIIE  Meeting Date: Tuesday, January 02, 2024  Agenda Section: Closed Session Item Request: Other  Agenda Item to be Considered  Presenter: Tim Carraway, City Attorney  Subject: Closed Session pursuant to NCGS 143-318.11 (a) (3) to consult with the Attorney.  Action Requested:  Supporting Documentation:  Department Head's Approval  City Manager's Approval  Budgetary Impact: Staff Recommendation:  None  - Budgeted  Needs Budget Ordinance  Updated September 2016