AGENDA Sawmills Town Hall Tuesday, December. 17,2024  Regular Meeting of the Sawmills Town Council  6:00 pm  1. Call To Order 2. Invocation 3. Pledge of Allegiance 4. Adopt. Agenda 5. Approve Meeting Minutes 6. Public Comment 7. Recognitions: A. Recycle Rewards 8. Financial Matters: 9. Discussion:  Mayor Keith Warren Mayor Keith Warren Mayor Keith Warren Mayor Keith Warren Mayor Keith Warren  A. November 19,2024 Regular Meeting Minutes B. November 19, 2024 Closed Session Minutes  Mayor Keith Warren Mayor Keith Warren Mayor Keith Warren Mayor Keith Warren  A. Adopt Budget Workshop Schedule A. Caldwell County Tax Revaluations B. Ripple Fiber, LLCI Encroachment Agreement  10. Public Comment 11. Updates:  A. Code Enforcement Report B. Manager Updates .Council Comment  Mayor Keith Warren Town Manager Chase Winebarger Mayor Keith Warren Mayor Keith Warren Mayor Keith Warren  12. Closed Session: N.C.G.S. $143-318.11(a)3)  13. Adjourn    November 19, 2024 Page 1 of6  TUESDAY,NOVEMBEK 19,2024  TOWN OF SAWMILLS REGULAR COUNCIL MEETING  6:00PM  COUNCIL PRESENT Mayor Keith Warren Melissa Curtis, Mayor Pro Tem Joe Wesson Rebecca Johnson Bobby Mosteller COUNCIL ABSENT Clay Wilson  STAFF PRESENT Chase Winebarger Julie A Good Terry Taylor Kelly Melton  CALL TO ORDER: Mayor Keith Warren called the meeting to order at approximately  6:00pm.  INVOCATION: Landon Hines gave the invocation.  PLEDGE OF ALLEGIANCE: Landon Hines led the Pledge of Allegiance.  ADOPT AGENDA: Mayor Keith' Warren asked forai motion to adopt thel November 19,2024 Melissa Curtis made a motion, and Bobby Mosteller seconded, to adopt the November 15,  Agenda.  2024 Agenda. All were in favor.  APPROVE OCTOBER 15, 2024 REGULAR MEETING MINUTES: Mayor Keith Warren asked for ai motion to approve the October 15, 2024 regular meeting minutes. Joe Wesson made ai motion, and Rebecca. Johnson seconded, to approve the October 15,2024  regular meeting minutes. All were in favor.  PUBLICCOMMENT: Mayor Keith Warren asked ifanyone had any questions or comments  at this time.  Jody McRary spoke about his code enforcement citation letter. Sue Hall spoke about code enforcement citations beside her property.    November 19, 2024 Page 2 of6  Ann Oakley spoke about her zoning violation.  RECOGNITIONS:  NOVEMBER RECYCLE REWARDS WINNER: Mayor Keith Warren announced Kenneth Hodge as the November Recycle Rewards Winner. A credit of forty dollars ($40.00)  will be added to the current sanitation bill. No Council action was required.  DISCUSSION:  ORDINANCE DIRECTING TOWN OFFICIALS TO DEMOLISH THE PROPERTY HEREIN DESCRIBED AS AN IMMINENT DANGER TOTHE: PUBLIC AND DIRECTING THAT Al NOTICE BE PLACED THEREON THAT THE SAME MAY NOT BE OCCUPIED: Mayor Keith Warren stated that Town Code Enforcement Officer Curt Willis has served the Owner(s) of2514 Crest Lane regarding the minimum housing complaints and held a hearing for the complaints. Mayor Keith Warren stated that Town Code Enforcement Officer Curt Willis has drafted an Ordinance Directing Town Officials to Demolish 2514 Crest Lane As An Imminent Danger To The Public And Directing That A Rebecca Johnson made a motion, and Melissa Curtis seconded, to approve the Ordinance Directing Town Officials to Demolish 2514 Crest Lane As An Imminent Danger To The Public And Directing That A Notice Be Placed Thereon That The Same May Not Be  Notice Be Placed Thereon That The Same May Not Be Occupied.  Occupied as written. All were in favor.  ADA TRANSITION PLAN: Averi Ritchie, with the Western Piedmont Council of Governments (WPCOG) stated that the Town was presented with aj proposed ADA Transition Plan at the regularly scheduled October 15, 2024 Council meeting and a comment period oft thirty (30) days has been posted. Averi Ritchie stated that there have  been no public comments made ini the thirty (30) day period.  Rebecca Johnson made a motion, and Melissa Curtis seconded, to adopt the proposed. ADA  Transition Plan as written. All were in favor.  FINANCE:  CSLFRF GRANT PROJECT BUDGET AMENDMENT: Finance Officer Kelly Melton stated that the Grant Project Ordinance foe the Town of Sawmills American Rescue Plan Act of 2021: Coronavirus State and Local Fiscal Recovery Funds adopted April 5, 2022    November 19, 2024 Page 3 of6  established a budget for a project to be funded by the Coronavirus State and Local Fiscal Recovery Funds of H.R. 1319 American Rescue Plan Act of 2021 (CSLFRF). The total allocation is one million six hundred fifty-three thousand seven hundred twenty-one dollars and four cents ($1,653,721.04). The TownofSawmills: received the first tranche in the amount of eight hundred twenty-six thousand eight hundred sixty dollars and fifty-two cents ($826,860.52) of CSLFRF funds in July 202land the second tranche in the amount of eight hundred twenty-six thousand eight hundred sixty dollars and fifty-two cents ($826,860.52)of CSLFRF funds in July 2022. All grant funds have been expended as ofOctober 2023. The funds were deposited into an interest-bearing account which produced interest income in the amount of one thousand eighty-eight dollars and twenty cent ($1,088.20). The purpose of the budget amendment is of recognizing the interest proceeds as additional revenue and appropriating the revenue to Administration Salaries expenditures.  Rebecca Johnson made a motion, and Bobby Mosteller seconded, to approve the CSLFRF Grant Project Budget Amendment and move one thousand eighty-eight dollars and twenty cents ($1,088.20) the interest-bearing account to Administration Salaries expenditures. All  were in favor.  Finance Officer Kelly Melton stated that the Fiscal Year 2023/2024 audit has not been completed due to Hurricane Helene and a ransomware attack on the offices of the auditors. Finance Officer Kelly Melton stated that the audit will bet turned in late, but she doesn'texpect any problems with the auditors turning the audit in to the LGC soon. Finance Officer Kelly Melton stated that she spoke with the LGC and informed them oft the circumstances and why  the Town of Sawmills audit will be late.  FUBLICCOMMENT: Mayor Keith Warren askedi ifanyone had any questions or comments  at this time. No one wished to: speak. UPDATES:  NOVEMBER CODE ENFORCEMENT REPORT: Town Code Enforcement Officer Curt Willis stated that there are three (3) code enforcement cases that are open.  No Council action was required.  TOWN MANAGER UPDATES: Town Manager Chase Winebarger had the following  updates:  Town Manager Chase Winebarger stated that the speed humps have been installed on Waterworks Road and signs have been installed. It was recommended that the speed    November 19, 2024 Page 4 of6  humps not be painted for at least one (1) week. The speed humps will be painted Town Manager Chase Winebarger stated that all flag football games are now being played at Veterans Park on1 the football field. Town Manager Chase Winebarger stated that it has been brought to staff's attention that there is not enough parking for all the flag football games. Town Manager Chase Winebarger stated that starting next week that that games will be staggered farther apart for some of the parking to be cleared out to help with the parking situation this season and Town Manager Chase Winebarger stated that he would liket toj put lights up on the walking trail between the upper and lower parking lots in the off season SO that the lower parking lot can be Town Manager Chase Winebarger stated that the flag football jerseys were not delivered from FedEx for the start of the season. Town Manager Chase Winebarger stated that during the last week said jerseys were posted on Facebook Marketplace for sale. As of Monday, November 18, 2024 a FedEx employee was fired and arrested to stealing the flag football jerseys. The NFLI Flag Football League overnighted the Town Town) Manager Chase Winebarger stated that the real Christmas Tree that was planted at the Farmers Market Field is now dead. Town Manager Chase Winebarger stated that he would like to add money to the Fiscal Year 2025/2026 Budget to buy a Christmas Tree and other miscellaneous Christmas items toj put upi fori next Christmas. Town Manager Chase Winebarger stated that Caldwell County's brush removal contract deadline is approaching. Town Manager Chase Winebarger stated that he is not sure if or when Caldwell County will renew the contract. Town Manager Chase Winebarger stated that he will keep Council informed as he learns the information. Town Manager Chase Winebarger stated that the Dingo purchased for Parks and Recreation came in last week and is helping tremendously with the cleanup of the Town Manager Chase Winebarger stated that the North Carolina Forestry Service came to do a chainsaw class with stafftoday. Town Manager Chase Winebarger stated that overall, the class went well and there were lots of debris that was cleared off the Town Manager Chase Winebarger stated that Christmas in the Market is Saturday, November 23, 2024 from 2:00pm to 8:00pm at the Farmers Market Field. Town Manager Chase Winebarger stated that there are forty-six (46) vendors, food trucks, an ugly sweater contest beginning at 4:00pm, Santa will be arriving at 5:00pm, the Christmas Treel Lighting at 5:30pm, and Christmas Carols from area churches directly after the Christmas Tree Lighting. Town Manager Chase Winebarger also stated that the event company has their own snow machine and will mei running the snow: machine Town Manager Chase Winebarger stated that the: scoreboards at Veterans Park willl be installed the end of this week or the beginning of next week. Town Manager Chase Winebarger also stated that the grass infield at Veterans Parkl has now been completed.  withing the next week.  utilized for more parking.  new flag football jerseys.  waling trail at Veterans Park.  walking trail at Veterans Park.  throughout the event.    November 19, 2024 Page 5of6  Town Manager Chase Winebarger stated that the TimberKings baseball team announced they were coming to the Town of Sawmills on November 1.  COUNCIL COMMENTS:  Melissa Curtis wanted to thank everyone for coming to the meeting.  Bobby Mosteller wanted tot thank everyone: for coming to the meeting and thank Landon Hines  for the great jobl he did on1 the prayer.  Rebecca Johnson water to thank everyone for coming to the meeting.  Joe Wesson wanted to thank everyone for coming to the meeting. Joe Wesson stated that the Veterans Ceramony turned out good. Joe Wesson asked Mayor Keith Warren to thank the singers from Sunrise Baptist Church for the singing of God Bless America and to let them know they did a great job. Joe Wesson thanked Jason and Landon Hines for all their help Mayor Keith Warren wanted toi thank everyone for coming tot the meeting and wanted tot thank Town Manager Chase Winebarger for the great jobl he is doing for the Town and for having a good mouth on him. Mayor Keith Warren also wanted to thank Landon Hines for great jobl he  during the Veterans Ceramony.  did on the prayer.  CLOSED SESSION PURSUANT TO N.C.G.S. $143.318-11(A)03): Mayor Keith Warren Melissa Curtis made a motion, and Bobby Mosteller seconded, to go into closed session pursuant to N.C.G.S. S 143.318-11(a)(3) at approximately 7:18pm. All were in favor. Rebecca Johnson made a motion, and Bobby Mosteller seconded, to come out of closed  asked for a motion to go into closed session.  session at approximately 7:48pm. All were in favor.  AFTER COMING OUTOF CLOSED SESSION, Town Manager Chase Winebarger stated that the Town Hall, Public Works and Parks and Recreation will be closed Wednesday, November 27, 2024 beginning at 11:30am until Monday, December 2, 2024 at 8:00am. Town Manager Chase Winebarger stated that the state closing schedule for Christmas is Tuesday, December 24-Thursday, December 26 2024. Town Manager Chase Winebarger stated that Council has given town employees an extra day for the Christmas holidays in the past, which would be Friday, December 27, 2024. Town Manager Chase Winebarger stated that the town employees would be working only one day during the week of Christmas, which would be Monday, December 23, 2024. Town Manager Chase Winebarger stated that, with Council approval, he would like to offer the employees the option of taking Monday, December 23, 2024 as long as eight (8) hours vacation is taken by the employee. Town Council informed Town Manager Chase Winebarger to let employees have Monday, Town Manager Chase Winebarger stated that the Town of Sawmills employee Christmas  December 23, 2024 as a holiday also.    November 19, 2024 Page 6of6  lunch will be on Friday, December 20, 2024 at 11:00am. Town Manager Chase Winebarger stated that he will inform Council of the location as soon as it is determined.  COUNCIL ADJOURN: Mayor Keith Warren asked for ai motion to adjourn.  Joe Wesson made amotion, and Rebecca Johnson seconded, to adjourn the meeting. All were  in favor.  The meeting was adjourned at approximately 7:58pm.  Keith Warren, Mayor  Julie A. Good, Town Clerk    AGENDA ITEM 7A  MEMO DATE: SUBJECT:  December 17,2024 Recognition: Recycle Rewards Program  Discussion:  The Town of Sawmills would like to congratulate Margaret Rice on winning the Recycle Rewards Program for the month ofDecember. She will be presented with a Certificate of Appreciation. A forty dollar ($40.00) credit will be added to the current sanitation bill.  Recommendation: No Council action is required.    AGENDA ITEM 8A  MEMO DATE: SUBJECT:  December 17,2024 Financial Matters: Adopt Budget Workshops Schedule  Discussion:  Enclosed with this memo is a copy of the proposed FY 2025-2026 budget workshop schedule. The annual Council budget retreat is scheduled for February 4th, 2024, from 9:00 am to 4:00 pm,  at Sawmills Town Hall Council Chambers.  As presented, the budget schedule includes three (3) budget workshops.  Recommendation:  Staff recommends Council adopt the FY 2025-2026 budget workshops schedule.    Sarala  FY2025-2026 Budget Retreat and Workshop Schedules  December 17th at 6:00 pm Regular Council Meeting February 4th from 9:00-4:00 Special Council Meeting April 1st from 5:00-7:00 Special Council Meeting April 15th from 5:00-6:00 Special Council Meeting May 6th from 5:00-7:00 Special Council Meeting May 20th at 6:00 pm. Regular Council Meeting June 17th at 6:00 pm Regular Council Meeting  Adopt FY 2025-2026 Budget Retreat and Workshop Schedules  (Sawmills Town Hall Council Chambers) Annual Council Budget Retreat (Sawmills Town Hall Council Chambers) Budget Workshop Number 1 (Ifneeded) (Sawmills Town Hall Council Chambers) Budget Workshop Number2 (Sawmills Town Hall Council Chambers) Budget Workshop Number: 3 (Ifneeded) (Sawmills Town Hall Council Chambers) Presentation of] FY 2024-2025 Budget and Call a Public Hearing (Sawmills Town Hall Council Chambers) Public Hearing and Adoption ofFY: 2024-2025 Budget (Sawmills Town Hall Council Chambers)  *As required by law all meetings are open to the public.  Town of Sawmills 4076 US Highway 321-A * Sawmills NC * (828)396-7903 * (828)396-8955 fax  wwwioumohawmilscom    AGENDA ITEM 9A  MEMO DATE: SUBJECT:  December 17,2024 Discussion: Caldwell County Tax Revaluations  Discussion: Year 2025/2026.  Caldwell County Tax Administrator Josh Angle will discuss property revaluations for Fiscal  Recommendation: No Council action is required.    AGENDA ITEM 9B  MEMO DATE: SUBJECT:  December 17, 4 2024 Discussion: Ripple Fiber, LLC Encroachment Application  Discussion:  Ripple Fiber, LLC: sent an encroachment application on October 1, 2024. Ripple Fiber, LLC has been working with Town Attorney Terry Taylor to finalize the Encroachment Agreement. Town Attorney Terry Taylor has the signed, notarized Encroachment Agreement ready for filing with  Council approval. Recommendation:  Staff recommends Council approve the Encroachment Agreement with Ripple Fiber, LLC.    Dustin Millsaps From: Sent: To: Cc: Subject:  Jason Fajerski asonerpplenbercom, Tuesday, August 27, 20244:45 PM Dustin Millsaps; Chase Winebarger Deidra Hickcox RE: Ripple Fiber  Thanks guys. Can we try the Tuesday the 3rd at 1:30pm? PLLs send a Teami invite out now and if anyone has any  problems, just let me know. Much appreciated, Jason  Jason Fajerski Director of Government Affairs T: 800-359-5767 M: 980-210-6699  - RIPPLE FIBER  From: Dustin Millsaps Panning@townofsawmilsnc.com> Sent: Tuesday, August 27,20244:36PM Cc: Deidra Hickcox Deaenpperiper.om,  To: Chase Winebarger- manager@townoisawmilsnc.com>; Jason Fajerski asonerpperiber.com>  Subject: RE: Ripple Fiber  lam good with those dates and times as well except fori the morning on the 5th.  Thanky you, Dustin W. Millsaps, MPA, CZO Planning Director Town of Sawmills, NC 4076 US Hwy 321-A Sawmills, North Carolina 28630 Office: (828)396-7903 I Fax: 828)396-8955 www.townofsawmils.com  7m E0D oammls    Under: the provisions of G.S. 132-1.4 & 160A-168, thei information contained herein may be confidential and not a public record, and isi intended only for1 the use oft the individual ore entity named above. Ifyou are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or reproduction of this communication is not permitted. Ify you have received this e-mail in error, please delete all electronic copies, destroy alll hard copies, and notify mei immediately. Your cooperationy will be  appreciated.  From: Chase Winebarger manager@townoisawmisnc.com>  Sent: Tuesday, August 27,20244:28PM Cc: Deidra Hickcox Dedaenpperpercon  To: Jason Fajerski asonerpperper.om> Dustin Millsaps Planningorownotsawmilisnc.com>  Subject: RE: Ripple Fiber  Just quickly glancingt to give us a starting spot, I'mi free 29th 10-4, 30th 10-4, 3-6"h anytime.  Best Regards,  D. Chase Winebarger, MPA Town Manager Town of Sawmills, NC 4076 US Hwy 321-A Sawmills, North Carolina 28630 Office: (828)396-7903 I Fax: (828)396-8955 wwwtownolawmilscon  7m OEADD oammas  Under the provisions of G.S. 132-1.4 & 160A-168, the information contained herein may be confidential and nota a public record, and is intended only for the use of the individual or entity named above. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or reproduction oft this communication is not permitted. Ify you have received this e-mail in error, please delete all electronic copies, destroy all hard copies, and notify  me immediately. Your cooperation willl be appreciated. From: Jason Fajerski asonerpplenbercom> Sent: Tuesday, August 27,20242:19PM Cc: Deidra Hickcox Detaerppelpercom  To: Chase Winebargers <manageretownosawmilsnc.com>: Dustin Millsaps Panning@townofsawmilsnc.com>  Subject: RE: Ripple Fiber Hello Chase and Dustin,  Thank youy very much fori the outreach. It's very exciting that Dustin has his Sawmills email now! Yay e  2    If we can even just jump on aTeams, that would be great. Ify you can provide somei times, Deidra and Iwill make it work.  Sincerely, Jason  Jason Fajerski Director of Government Affairs T:800-359-5767 M: 980-210-6699  R RIPPLE FIBER  From: Chase Winebarger managererowno'sawmilsnc.com>  Sent: Friday, Augus:23,2024503PM. Cc: Deidra Hickcox Dedaerpperber.cony Subject: RE: Ripple Fiber Jason,  To:. Jason Fajerski asonerppefpercom> Dustin Millsaps Planning@townofsawmilsnc.com>  thinklcaught what was happening. I've given this to Dustin to: set up and drive but the email you hadi ini the chain was his old onet that he used when we contracted with him. I've added his newe email address to this message. He and Iwere, just talking about you and Iwent backt through my emails and seen this. Sorry about that andl Ipromise  we will meet soon! Best Regards,  D. Chase Winebarger, MPA Town Manager Town of Sawmills, NC 4076 US Hwy 321-A Sawmills, North Carolina 28630 Office: (828)396-7903 I Fax: (828)396-8955 wwwiownolswmiscon  (2 Toum OEDD aMIL / 16  Under the provisions of G.S. 132-1.4 & 160A-168, the information contained herein may be confidential and nota a public record, and is intended only for the use of the individual or entity named above. Ify you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or reproduction oft this communication is not  3    permitted. If youl have received this e-mail in error, please delete all electronic copies, destroy alll hard copies, and notify  me immediately. Your cooperation will be appreciated. From: Jason Fajerski asonerpplenbercom> Sent: Friday, August 16, 20241:53PM Cc: Deidra Hickcox Dednerppefiperom Subject: RE: Ripple Fiber Thanks Chase! We can be available: Mon: 1-2pm and 4-5pm Tues: 930-1030 and after 330 Wed: 10-1130 and anytime after 1pm  To: Chase Winebarger manageretownolsawmiisnc.com>; Dustin Millsaps dustin.millsaps@wpcog.org>  Ithink 30 mins should be enough time, unless you disagree.  Hoping we can fit something in those periods. Ifr not, letr me know and we'll check Thurs/Fri.  Have a greaty weekend, Jason  Jason Fajerski Director of Government: Affairs T: 800-359-5767 M: 980-210-6699  < RIPPLE FIBER  From: Chase Winebarger manageretownolsawmiisnc.com>  Sent: Friday, August 16, 202410:07AM Cc: Deidra Hickcox Deuraerpperper.con Subject: RE: Ripple Fiber  To: Jason Fajerski asonerpperber.com, Dustin Millsaps dustin.millsaps@wpcog.org>  Sounds like a plan to me.. Just shoot me: some times you are available and we will put it together.  Best Regards,  D. Chase Winebarger, MPA Town Manager Town of Sawmills, NC 4076 US Hwy 321-A Sawmills, North Carolina 28630 Office: (828) 396-7903 I Fax: (828)396-8955 wwwiownohawmils.con    Towre 00 aums  Under the provisions ofG.S. 132-1.4 & 160A-168, the information contained herein may be confidential and nota a public record, and isi intended onlyf fori the use oft thei individual or entity named above. Ifyou are not the intended recipient of this e-mail, you: are hereby notified that any dissemination, distribution or reproduction of this communication is not permitted. Ify you! have received this e-mail in error, please delete all electronic copies, destroy alll hard copies, and notify  me immediately. Your cooperation will be appreciated. From: Jason Fajerski Bionerppeibercom> Sent: Wednesday, August 14, 20241:48PM Cc: Deidra Hickcox Decaerppehper.om>  To: Dustin Millsaps <dustin.milsaps@wpcog.org>; Chase Winebarger manager@townofsawmilisnc.com>  Subject: RE: Ripple Fiber Hi Chase and Dustin,  Thanks for the outreach last week Chase!. Apologies for delay as we've had af few people out of office and Can we get everyone together on a call soon (Teams?) to discuss thet town's processes to submit  transitioning, just like Sawmills! e permit/construction apps, etc...?  We are looking to ramp up our efforts int the County as we now! have much of our lower level design (and therefore engineering drawings) ready to submit to appropriate. jurisdictions. We are already submitting with NCDOT: and We definitely want to be partners with our local communities to ensure that the construction process goes as We want people to want to become Ripple Fiber customers, both because the internet service is high speed and reliable ANDI because they knowwe'llp provide them a quality customer experience and service!  will be doing sO withi the local municipalities in the very nearfuture.  smoothly as possible!  Thanks Jason  Jason Fajerski Director of Government Affairs T:800-359-5767 M:980-210-6699  RIPPLE FIBER  From: Jason Fajerski asonerppenbercon> Sent: Tuesday, July 30, 20242:29PM  5    To: Dustin Millsaps <dustin.millsaps@wpcog.org>; Chase Winebarger manager@townolsawmilisnc.com>  Cc: Deidra Hickcox Pedaerpperper.com  Subject: RE: Ripple Fiber Hello again e  The 6th would also worki for us, at least for av video call or conference call. Deidra can make in personwork onthe Regarding right of way and encroachment, permitting/authorty, ify you can get me in contact with thet town attorney Per NC lawf for broadband providers, see attached copy of specific statute, we are hoping to get permits withina reasonable time frame while ensuring the town is assured that we arei financially capable of proper construction,  6thorthe 7th and a call on the gth.  to discuss any documentation they mayy want, it would be appreciated.  insurance, bonding and restoration. Happy to discuss with anyone (town attorney?).  Have a great week and let me knowi if any specific time works better next week fory you,  Sincerely, Jason  Jason Fajerski Director of Government Affairs T:8 800-359-5767 M: 980-210-6699  R) RIPPLE FIBER  From: Dustin Millsaps <dustin.milsaps@wpcog.org> Sent: Friday, uy26,202411.04AM: Cc: Deidra Hickcox Pedaerppefipercon Subject: RE: Ripple Fiber need to shoot for the 6th.  To:. Jason Fajerski asonerppehper.om? Chase Winebarger manageretownolsawmilisnc.com>  We still need to make sure that is a good day with Chase if he wants to come. Also it will be my first day SO we might So that would be something we would enteri into with the Lawyer of Sawmills and I would still need to figure out her  process.  Dustin W. Millsaps, MPA, CZO Community and Regional Planner  Western Piedmont Council of Governments Creative Regional Solutions Since 1968  Cell Phone: (828) 999-7108 Office Phone: (828). 485-4218 EXT.4218  6    Mailing Address: P.O. Box 9026] Hickory, NC: 28603 Physical Address: 1880: 2nd. Avenue NWI Hickory, NC: 28601 From: Jason Fajerski asonerpperibercom Sent: Wednesday, July 24,202411:53AM Cc: Deidra Hickcox Dedaerppefper.om  www.wpcog.org  To: Dustin Millsaps usinnlapewpsoP) Chase Winebarger managerorownotsawmilsnc.com>  Subject: RE: Ripple Fiber  Thisis an external email. Please be cautious before clicking any links or attachments. Ifyou have questions about this email, please contact a WPCOG IT Staff Member or forward this message to spam@wpcog.org. Thanks Dustin, that all sounds good. We can be available on the! 5thj ift that works or whatever is next availabletime. Int the meantime, is there any documentation or explanation (just high-level!) on your encroachment processi in  Sawmills? Thankyou Jason  Jason Fajerski Director of Government Affairs T:800-359-5767 M:980-210-6699  R) RIPPLE FIBER  From: Dustin Millsaps CusinnsnewpaEOP Sent: Wednesday, uy24,202411.50AM Cc: Deidra Hickcox Dedaerpplefiber.com,  To: Jason Fajerski Bonenpperpercom> Chase Winebarger managererownonsawmilsnc.com>  Subject: RE: Ripple Fiber  Anything that would be using our right of ways would need to go through an encroachment process.  That sounds good to me. Iwill be there Friday and then be out fora a week on vacation. When Icome back on the! 5thof August Iwill be at full time Sawmills employee so Ican meet anytime from then on out. The managers first day back will be ont the! 5th as well (I think), which would probably work best unless he does not want to be there.  Dustin W. Millsaps, MPA, CZO Community and Regional Planner  Western Piedmont Council of Governments 0OT Creative Regional Salutions Since 1968  EXPERIENCE  Cell Phone: (828) 999-7108 Office Phone: (828) 4854218EXT.4218  7    Mailing Address: P.O. Box 90261 Hickory, NC: 28603 Physical Address: 1880: 2nd Avenue NWI Hickory, NC: 28601 From: Jason Fajerski asonerpplenbercom> Sent: Tuesday, Jy23,202410.03AMI Cc: Deidra Hickcox Dedaerppefper.om Subject: RE: Ripple Fiber  www.wpcog.org  To: Dustin Milsaps-dustin.millsas@wpcorrp Chase Winebarger manger@townotsawmilisnc.com>  This is an external email. Please be cautious before clicking any links or attachments. If you have questions about this email, please contact a WPCOG ITS Staff Member or forward this message to spam@wpcog.org. Regarding your question, we intend to utilize public rights of way, via underground and aerial construction. For UG portions of the build, we would expect to get permits to utilize the road owner's right of way- whether NCDOT, the We are very familiar with permittingy with NCDOT andi towns, acknowledging that each town (or Countyif applicable) might! have differing processes/procedures/requrements. For private areas, we have a team that For aerial construction, we have a pole attachment agreement with Duke Energy and arei finalizing one with Blue Ifp possible, Iwould love to) jump on a call with you about your permitting processes aty your convenience. Plbring my VP of Design/Engineering. Harrison Golson, and our Permit Manager, Deidra Hickox. We can describe more in- We have begun submitting permits to NCDOT and should be readyi imminently for permitting with our local municipal partners sO whenever we can discuss how Sawmills wants that to proceed would be great.  Morning Dusting- great to meet you, too!  Town of Sawmills or private.  negotiates with the landowner for access to those areas.  Ridge, as well.  depth our design, engineering and construction process.  Have a great day, Jason  Jason Fajerski Director of Government Affairs T:8 800-359-5767 M: 980-210-6699  RIPPLE FIBER  r  From: Dustin Millsaps ustinmisnewpoto Sent: Tuesday, July 23,20249:55AM Cc: Deidra Hickcox Dedaerpp-efpercom Subject: RE: Ripple Fiber  To: Chase Winebarger manager@townofsawmilsnc.com>; Jason Fajerski asonerppleibercom  Good to meet you. Jason. So we would have a zoning permitting process for sure.  8    Iguess my first preliminary question is how do you plan to lay the fiber optic cables? Have you established your own  right of ways? Do you plan on using ours? Are you using NCDOT's right of ways?  Dustin W. Millsaps, MPA, CZO Community and Regional Planner  Western Piedmont Council of Governments UD Creative Regional Solutions Since 1968  EXPERIENCE  Cell Phone: (828) 999-7108 Office Phone: (828): 485-4218 EXT.4218 Mailing Address: P.O. Box 9026 Hickory, NC: 28603 Physical Address: 1880 2nd Avenue NWI Hickory, NC 28601 www.wpcog.org From: Chase Winebarger manager@townolsawmilsnc.com> Sent: Friday, July 19,20244:11PM To:. Jason Fajerski asonerppetbercom Subject: RE: Ripple Fiber  Cc: Dustin Millsaps qustinnlspeptoP, Deidra Hickcox Detaerppefpercom  This is an external email. Please be cautious before clicking any links or attachments. Ify you have questions about this email, please contact a WPCOG IT Staff Member or forward this message to spam@wpcog.org. No worries, unfortunately we are going to delay again. Dustin is currently out of the office until next week andl leave on Sunday for two weeks. He is goingt to bey your best point of contacti fort that information. However, Iwould  be glad to meet when get back. ILE be back in the office 8/5.  Best Regards,  D. Chase Winebarger, MPA Town Manager Town of Sawmills, NC 4076 US Hwy 321-A Sawmills, North Carolina 28630 Office: (828)396-7903 I Fax: (828) 396-8955 wwiowposwmiscon  7oun 06 0A ammuls  Under the provisions ofG.S. 132-1.4 & 160A-168, the information contained herein may be confidential and nota a public record, and is intended only for the use of the individual or entity named above. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or reproduction oft this communication is not  9    permitted. Ify you have received this e-mail in error, please delete all electronic copies, destroy alll hard copies, and notify  me immediately. Your cooperation will be appreciated. From: Jason Fajerski asonerppenbercom> Sent: Thursday, July 18, 20243:45PM To: Chase Winebarger manager@townolsawmilisnc.com> Subject: RE: Ripple Fiber Hello Chase,  Cc: Dustin Millsaps <dustin.millsaps@wpcog.org>; Deidra Hickcox Dedagrppefper.om  Sorryf for delay in responding myself! Imissed this as Iwas traveling last week and had: some challenges int that travel with my vehicle. Itotally understand how hectic it can get at times. e And great to meety youvia email, Dustin. I'mv very excited about this project tol bring high speed fully fiber service toi the Town. We can make whatever works for Sawmills work for Ripple Fiber, to be sure. We: should have some low level  designs, including permit and construction drawings, readyverysoon.  Is there any specific process Sawmills follows? mention whenever works foryou?  Wouldi it be possible to share these documents with you and Dustin and then schedule the discussiony you We're pretty flexible withi the objective of getting started as soon as reasonably possible. I've added our Permit Manager, Deidra Hickox, to the email, as she'll bet the ones submitting for any permits with the Town.  Thankyou Jason  Jason Fajerski Director of Government: Affairs T: 800-359-5767 M: 980-210-6699  R) RIPPLE FIBER  From: Chase Winebarger manager@townolsawmilisnc.com> Sent: AdM,YID,DAISA To:Jason Fajerski asonerppeibercon> Cc: Dustin Millsaps <dustin.milsaps@wpcog.org> Subject: RE: Ripple Fiber Jason,  Sorry it has taken me sO long to get back to you but between the end/start of the FY, training, travel, work load, etc. itj just been "Fun" we will say. We would be glad to help in anyway. I'm adding my planner to this email as he will come on1 full time with us thet first of August and will havel heavy involvement ini this. Ihave another training scheduled the last week of. July and thet first week of August and will be out of Town but other than that I'm open. It may be easier to wait until the week of August 12-16 as that will bet thei first week Dustin and myself will be! backi in  the office together. Just let me know what worksi for you.  10    Best Regards,  D. Chase Winebarger, MPA Town Manager Town of Sawmills, NC 4076 US Hwy 321-A Sawmills, North Carolina 28630 Office: 828)396-7903 I Fax: (828)396-8955 wwiowpolswmiscon  70m 60 oammls  Under the provisions of G.S.1 132-1.4 & 160A-168, the information contained herein may be confidential and not a public record, and is intended only for the use of the individual or entity named above. Ify you are not the intended recipient of thise e-mail, you are hereby notified that any dissemination, distribution or reproduction of this communication is not permitted. Ifyou have received this e-mail ine error, please delete all electronic copies, destroy all hard copies, and notify  mei immediately. Your cooperation will be appreciated. From: Jason Fajerski asonerpplenbercom Sent: Friday, June 28, 202410:12AM To: Chase Winebarger manager@townoisawmillsnc.com> Subject: Ripple Fiber  Happy Friday Manager Winebarger,  Hopey you are doingverywell. Ripple Fiber has been hard at work getting our design and engineering plans I'm happyt to share that we have completed much of our high-level design and some of our low-level design, Therefore, I'm hoping we set up a conversation as soon as is convenient for Sawmills to discuss howt to get permits I'm excited as Sawmills, along) with Hudson and Cajah's Mountain, aret the first areas for construction. I'd addi that Please let me knowi ift there is anyone else we should include in these discussions and when they might be ablei to  completed to construct our Fiber to the Home networki in Caldwell County.  including permit and construction drawings.  toa access the public right of way as part oft the construction process. wel have: submitted some NCDOT permit applications alreadyi in the area, too.  occur. Jason  Thank you and have a great weekend,  11    Jason Fajerski Director of Government Affairs T:8 800-359-5767 M: 980-210-6699  R) RIPPLE FIBER  12    Dustin Millsaps From: Sent: To: Cc: Subject: Attachments:  Jason Fajerski asonerpplenbercom> Friday, September 13, 202411:43/ AM Chase Winebarger; Dustin Millsaps Ripple Fiber Groundbreaking Event  Emily Adams  Ripple Fiber Caldwell County Sroundbratng9,424pat  Hello Chase and Dustin, lhopey you'rel both doing well!  I'm excited to share that we've started to get back some encroachment: agreements from NCDOT and are ready to start construction: in parts oft the County, including with Jonathan Greer: and the Town of Hudson. As you're of course aware, we are also working to get plans to Sawmills to get started there soon as well! Thanks for your We've scheduled a Groundbreaking Event at Hudson's HUB Station, see attached, for Tuesday, Sept. 24th at 10am with coffee and pastries. Itwill be a Golden Shovel event as we are not actually breaking ground int that part oft the lwanted to thank you both again for your support andi invite you both, as well as any other Town employees or friends oft the Town, thatyou'd like to have attend. As we'd liket to at least have ar rough count of attendees fort the food/drink, ify you could RSVP1 to myself or Emily, it would be greatlya appreciated. Of course, ify you have last minute Jonathan is aware of all of this and lexpect he'll attend and hoping the Mayor and Commissioner of Hudson can attend as well. We'll also bei inviting our other communities in the project (Granite Falls, Gamewell, Cajah's Mountain, and Rhodhiss). Additional invites will go to ourr new partners, the Caldwell County Chamber of Commerce, which we've) joined as al Bronze Member. I've also alreadyinvited Donald Duncan and Ashley Bolick Ripple Fiber is very excited to become a member of the Sawmills community and are eager to bring amazing high- Wel believe strongly in being partners with our communities and that thel biggest waves start with al RIPPLE! e  support in that endeavor.  town but we are starting construction in other parts of the project.  availability and can attend, please dos sO as the more: the merrier!  from the County and Anthony and" Teresa from the WPCOG.  speed fiber interneti to significant portions of the County at large at affordable prices.  Have a great weekend, Jason  Jason Fajerski Director of Government Affairs T:8 800-359-5767 M: 980-210-6699  - RIPPLE FIBER    Dustin Millsaps From: Sent: To: Subject: Attachments: Good Morning,  Deidra Hickcox Dedraenppelpercom, Tuesday, October 1, 20249:06AM Dustin Millsaps; Chase Winebarger Ripple Fiber Encroachment Plans CaldwellSawmils.Phasel.FDA10.PD.Rev2.pdr  Please see attached plans for Ripple Fiber.  ALL NCDOT roads will be permitted though NCDOT and we will gain permission for any private roads  listed in the package as well.  Ifyou need any acditionalintormation, please share.  Thanks,  Deidra Hickcox Permitting Manager T: 704-620-7279 M: 704-620-7279  R) RIPPLE FIBER    Dustin Millsaps From: Sent: To: Subject: Attachments: Good Morning,  Deidra Hickcox Dedaenpperiper.om, Tuesday, October 1, 202410:33AM Dustin Millsaps; Chase Winebarger Ripple Fiber Encroachment: Application adhelSawmilesPhselDA2PD.Reapat  Please see attached plans for Ripple Fiber.  ALL NCDOT roads will be permitted though NCDOT and we will gain permission for any private roads  listed in the package as well.  Ifyou need any additionalin information, please share.  Thanks  Deidra Hickcox Permitting Manager T:7 704-620-7279 M: 704-620-7279 +  R RIPPLE FIBER  a    Dustin Millsaps From: Sent: To: Subject: Attachments: Good Morning,  Deidra Hickcox Dedaerppeliver.om, Tuesday, October 1, 2024 10:41AM Dustin Millsaps; Chase Winebarger Ripple Fiber Encroachment Application CALDWELLSAWMILESPDASPDREVS (1).pdf  Please see attached plans for Ripple Fiber.  AlL NCDOT roads will be permitted though NCDOT and we will gain permission for any private roads  listed int the package as well.  Ifyou need any addtiona.ntormation, please share.  Thanks  Deidra Hickcox Permitting Manager T: 704-620-7279 M: 704-620-7279  R) RIPPLE FIBER    Dustin Millsaps From: Sent: To: Subject: Attachments: Good Morning,  Deidra Hickcox Decaorpperiber.om, Tuesday, October 1, 2024 10:43AM Dustin Millsaps; Chase Winebarger Ripple Fiber Encroachment Application caldwel_Sawmils.Phase0.FDA08.PD.REV2.pdr  Please see attached plans for Ripple Fiber.  AlL NCDOTI roads will be permitted though NCDOT and we will gain permission for any private roads  listed int the package as well.  Ifyou need any additionalinformation, please share.  Thanks  Deidra Hickcox Permitting Manager T:704-620-7279 M:704-620-7279  R RIPPLE FIBER  1    Dustin Millsaps From: Sent: To: Subject: Attachments: Good Morning,  Deidra Hickcox Dedaerpperiper.om, Tuesday, October 1, 2024 10:44 AM Dustin Millsaps; Chase Winebarger Ripple Fiber - Encroachment. Application adwelSswmis.PhaseDAL,P0.ReApdt  Please see attached plans for Ripple Fiber.  AlL NCDOTI roads will be permitted though NCDOT and we will gain permission for any private roads  listed in the package as well.  Ifyou need any adarionalintormation, please share.  Thanks  Deidra Hickcox Permitting Manager T: 704-620-7279 M: 704-620-7279  R) RIPPLE FIBER    Dustin Millsaps From: Sent: To: Subject: Attachments: Good Morning,  Deidra Hickcox Dedraenpperpercom> Tuesday, October 1, 2024 10:51AM Dustin Millsaps; Chase Winebarger Ripple Fiber Encroachment: Application CALDWELLSAWMILLES,PHASELFDA6,PD.REVS.pdr  Please see attached plans for Ripple Fiber.  AlL NCDOT roads will be permitted though NCDOT and we will gain permission for any private roads  listed int the package as well.  Ifyour need any additonalinformation, please share.  Thanks  Deidra Hickcox Permitting Manager T:704-620-7279 M: 704-620-7279  R RIPPLE FIBER    Dustin Millsaps From: Sent: To: Subject: Deidra,  Dustin Millsaps  Monday, October 7, 20242:21PM Deidra Hickcox; Chase Winebarger RE: Ripple Fiber Encroachment Plans  Sorryt for the delayi in getting back with you. Just wanted to let you know that these were received on the 1slandlhave started a conversation with the attorney toi take the next steps with the encroachments.  Thanky you, Dustin W. Millsaps, MPA, CZO Planning Director Town of Sawmills, NC 4076 USI Hwy 321-A Sawmills, North Carolina 28630 Office: 828)396-7903/Fax: 828)396-8955 www.townofsawmills.com  Zosere aumus  Under: the provisions of G.S. 132-1.4 & 160A-168, the information contained herein may be confidential and not a public record, and is intended only for1 the use of the individual or entity named above. Ifyou are not the intended recipient oft this e-mail, you are hereby notified that any dissemination, distribution orreproduction of this communication is not permitted. If you have received this e-mail in error, please delete all electronic copies, destroy all hard copies, and notify me immediately. Your cooperation will be  appreciated.  From: Deidra Hickcox Dedraenpperiper.om, Sent: Tuesday, October: 1, 20249:06AM Subject: Ripple Fiber- Encroachment Plans  To: Dustin Millsaps Panning@townoisawmilsnc.com>; Chase Winebarger manageretownosawmilsnc.com>  Good Morning,  Please see attached plans for Ripple Fiber.    AlL NCDOT roads will be permitted though NCDOT and we will gain permission for any private roads  listed in the package as well.  Ify you need any additional information, please share.  Thanks,  Deidra Hickcox Permitting Manager T: 704-620-7279 M: 704-620-7279  R) RIPPLE FIBER  2    Dustin Millsaps From: Sent: To: Cc: Subject:  Terry M Taylor Terylencoyawcom, Monday, October 28, 20245:14PM Dustin Millsaps; Benjie Thomas; Chase Winebarger CMC NCCMC. Julie A. Good goodetomposawmiscom RE: Ripple Fiber, LLC Master Encroachment Agreement  Benji and his folks are going over the maps and checking to see how they match up with utility lines and Town Owned property. Then we will need to put the Master Encroachment Agreement on the Agenda aftert the maps are approved. If you want to forward to me the point of contact I can send them the draft of the Agreement sO they can be  reviewing that. Did you have any comments on1 the proposed. Agreement?  Terry M. Taylon Partner  Young, Morphis, Bach & Taylor, LLP FirstLawyers Building atl North Park: 858 2nd Street NE, Suite 200 (28601) Post Office Drawer 2428 Bickory, North Carolina 28603 (828)322-4663 (828)322-2023 (facsimile).  Email: ervyt@hckov/aw.com I Web: www.hickorylaw.com  PRIVILEGED AND CONFIDENTIAL This email and any attachmentis) contain information from the law firm of) Young, Morphis, Bach &1 Tavlor,LP, and maycontain! information thati is privileged on contidential. The informationis intended solely for the intended recipient. Use by any other party is not authorized. If you have received this communication in erron please notify thes sender immediately and delete this: message from your device. FDCPA: A portion of thel law firm's practice invoives the collection of debts. Pursuant to the Fair Debt Collection Practices Act, youareadvisedt this office may bes attempting tos collecta debt against you and any information This email has been scanned for Viruses and malware, and mayhavebeen automatically archived by our emallands sypers security vendon Mimecast. From: Dustin Millsaps Panningetownotsawmilisnc.com> Sent: Monday, October 28, 20244:29PM manager@townotsawmusnc.com>  obtained willl bes used for that purpose.  To: Benjie Thomas bthomas@west-consutantis.com); Terry M Taylor erylencoryew.om, Chase Winebarger  Cc: CMC NCCMC. Julie A. Good podelowobawmliscom, jgood@townofsawmils.com>  Subject: RE: Ripple Fiber, LLC Master Encroachment Agreement Caution: This message is from an external sender.  1    Just checking backi in on this, Ripple has contacted me a couple of times wanting to know the status.  Thank) you, Dustin W. Millsaps, MPA, CZO Planning Director Town of Sawmills, NC 4076 US Hwy: 321-A Sawmills, North Carolina 28630 Office: 828)396-7903 IF Fax: (828)396-8955 www.townofsawmis.com  2 Towre OE0D ammls  Under: the provisions of G.S. 132-1.4 & 160A-168, the information contained herein may be confidential and not a public record, and isi intended only for1 the use oft the individual ore entity named above. Ifyou are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution orreproduction of this communication is not permitted. Ify you have received this e-mail in error, please delete all electronic copies, destroy alll hard copies, and notify me immediately. Your cooperation will be  appreciated.  From: Benjie Thomas bthomas@west-consulrants.com> Sent: Tuesday, October 15, 20241:17PM manager@townoksawmiisnc.com>  To: Dustin Millsaps Panning@townoisawmilsnc.com>; Terry M Taylor erptencson.e.con? Chase Winebarger  Cc: CMC NCCMC. Julie A. Good (good@townofsawmils.com) good@townofsawmils.com>  Subject: Re: Ripple Fiber, LLC Master Encroachment: Agreement  Dustin  Ireceived all 6. We will start reviewing them.  Benjie Thomas 828-522-4728  From: Dustin Millsaps Planning@townofsawmilisnc.com> Sent: Tuesday, October 15, 20249:15:40AM manager@townotsawmilsnc.com>  To: Benjie Thomas pthomas@west-consutants.com>; Terry MI Taylors erpiencona.cn? Chase' Winebarger  Cc: CMC NCCMC. Julie A. Good Epelpanesmiscon good@townofsawmils.com>  Subject: RE: Ripple Fiber, LLC Master Encroachment Agreement  2    Benji,  lam going to send you six emails in a rowt that have six different sets of plans (6 of6) fori this  encroachment that were sent to me by Ripple. Letn me knowifyoul have anyi issues.  Thankyou, Dustin W. Millsaps, MPA, CZO Planning Director Town of Sawmills, NC 4076 US Hwy 321-A Sawmills, North Carolina 28630 Office: (828)396-7903 IF Fax: 828)396-8955 www.townofsawmis.com  7 Towre OEDD oammuls  Under: the provisions of G.S. 132-1.4 & 160A-168, thei information contained herein may be confidential and not a public record, and is intended only for the use of the individual or entity named above. Ifyou are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution orr reproduction oft this communication is not permitted. Ify you have received this e-mail in error, please delete all electronic copies, destroy all hard copies, and notify me immediately. Your cooperation will be  appreciated.  From: Dustin Millsaps  Sent: Tuesday, October 15, 20249:14A AM manageretownotsawmilsnc.com)>  To: 'Benjie Thomas' bthomas@west-consutants.com>; Terry M Taylor' Terptencton.a.con? Chase Winebarger  Cc:' 'CMC NCCMCJ Julie A. Good poteloapolswmiscon jgood@townofsawmils.com>  Subject: RE: Ripple Fiber, LLC Master Encroachment Agreement  Benji,  l'am, going to send you six emails in a rowi that have six different sets of plans (5 of6) fori this  encroachment that were sent to me byF Ripple. Letme know if youl have anyi issues.  3    Thank you, Dustin W. Millsaps, MPA, CZO Planning Director Town of Sawmills, NC 4076 US Hwy 321-A Sawmills, North Carolina 28630 Office: (828)396-7903 I Fax: 828)396-8955 www.townofsawmills.com  Toueire amlle  Under the provisions of G.S. 132-1.4& 160A-168, thei information contained herein may be confidential and not a public record, and is intended only for1 the use of thei individual or entity named above. Ifyou are not the intended recipient oft this e-mail, you arel hereby notified that any dissemination, distribution orr reproduction of this communication is not permitted. Ifyoul have received this e-mail in error, please delete all electronic copies, destroy all hard copies, and notify mei immediately. Your cooperation will be  appreciated.  From: Dustin Millsaps  Sent: Tuesday, October1 15, 20249:14AM manager@townotsawmilsnc.com>  To: Benjie Thomas <bthomas@west.consultants.com>; Terry M Taylor erptenson-a.cn Chase Winebarger  Cc: CMC NCCMC. Julie A. Good pdelpwohsmiscon <jgood@townofsawmils.com>  Subject: RE: Ripple Fiber, LLC Master Encroachment Agreement  Benji,  lam going to send you six emails in a rowi that have six different sets of plans (4 of6 6) forthis  encroachment that were sent to me by Ripple. Let me knowi if you have anyi issues.  Thank you, Dustin W. Millsaps, MPA, CZO Planning Director Town of Sawmills, NC 4076 US Hwy 321-A Sawmills, North Carolina 28630  4    Office: (828)396-7903 I Fax: (828)396-8955  www.townofsawmills.com  Tore  saumuus  Under the provisions of G.S. 132-1.4 & 160A-168, the information contained herein may be confidential and not a public record, and isi intended only fort the use of the individual or entity named above. Ifyou are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution orr reproduction oft this communication is not permitted. Ifyou have received this e-mail in error, please delete all electronic copies, destroy all hard copies, and notify me immediately. Your cooperation will be  appreciated.  From: Dustin Millsaps  Sent: Tuesday, October 15,20249:13AM manager@townolsawmilsnc.com>  To: 'Benjie Thomas' bthomas@westconsultants.com>: Terry M Taylor' erplencson-aw.con? Chase Winebarger  Cc:' 'CMC NCCMC. Julie A. Good mpodPlowmolsawnliscon sopdetowndhsumscon  Subject: RE: Ripple Fiber, LLC Master Encroachment Agreement  Benji,  lam going to send you six emails in a row that have six different sets of plans (3 of 6) fori this  encroachment that were sent tor me by Ripple. Let me knowify you have anyissues.  Thankyou, Dustin W. Millsaps, MPA, CZO Planning Director Town of Sawmills, NC 4076 US Hwy 321-A Sawmills, North Carolina 28630 Office: (828)396-7903 Fax: (828)396-8955 www.townofsawmills.com  5    Statala  Under the provisions of G.S. 132-1.4 & 160A-168, the information contained herein may be confidential and not a public record, and isi intended only for the use oft thei individual or entity named above. Ifyou are not the intended recipient oft this e-mail, you are hereby notified that any dissemination, distribution orr reproduction oft this communication is not permitted. Ify you have received this e-mail in error, please delete all electronic copies, destroy all hard copies, and notify mei immediately. Your cooperation will be  appreciated.  From: Dustin Millsaps  Sent: Tuesday, October 15, 20249:12AM manager@townolsawmiisnc.com>  To:' Benjie Thomas' <bthomas@westconsutants.com>; Terry M Taylor' Terytenctonlaw.com, Chase Winebarger  Cc: 'CMC NCCMC. Julie A. Good tetoatoswnliscn jgood@townofsawmils.com>  Subject: RE: Ripple Fiber, LLC Master Encroachment Agreement  Benji,  lam going to send you six emails in a rowthat have six different sets of plans (2 of6)f fori this  encroachment that were sent to me by Ripple. Let me knowi if you have anyi issues.  Thank you, Dustin W. Millsaps, MPA, CZO Planning Director Town of Sawmills, NC 4076 US Hwy 321-A Sawmills, North Carolina 28630 Office: (828)396-7903 I Fax: (828)396-8955 www,towposamis.con  Touere 06 aumuls  6    Under the provisions of G.S. 132-1.4 & 160A-168, the information contained herein may be confidential and not a public record, andi is intended only for the use of the individual or entity named above. Ifyou are not the intended recipient oft this e-mail, you are hereby notified that any dissemination, distribution orr reproduction of this communication is not permitted. Ifyou have received this e-mail in error, please delete all electronic copies, destroy all hard copies, and notify me immediately. Your cooperation will be  appreciated.  From: Dustin Millsaps  Sent: Tuesday, October 15, 20249 9:11AM <manager@townohsawmilisnc.com>  To: 'Benjie Thomas' <bthomas@west.consulrants.com>; Terry M Taylor Terptencionlaw.com? Chase Winebarger  Cc: CMC NCCMC Julie A. Good sedelowmoisnlizen) good@townotsawmills.com>  Subject: RE: Ripple Fiber, LLC Master Encroachment Agreement  Benji,  lam going to send you six emails in a rowi that have six different sets of plans (1 of1)forthis  encroachment that were sent to me by Ripple. Let me know if you have anyissues. Thank you, Dustin W. Millsaps, MPA, CZO Planning Director Town of Sawmills, NC 4076 US Hwy 321-A Sawmills, North Carolina 28630 Office: 828)396-7903 Fax: (828)396-8955 www.townofsawmils.com  Torne aus  Under the provisions of G.S. 132-1.4& 160A-168, the information contained herein may be confidential and not a public record, and is intended only fort the use oft the individual or entity named above. Ifyou are not thei intended recipient ofi this e-mail, you are hereby notified that any dissemination, distribution orr reproduction oft this communication is not permitted. Ifyou have received this e-mail in error, please delete all electronic copies, destroy all hard copies, and notify mei immediately. Your cooperation will be  appreciated.  7    From: Benjie Thomas <bthomas@west-consultants.com> Sent: Monday, October 14, 202411:10PM sexdelowmdbsunliscon  To: Terry M Taylor erylencionew.om> Chase Winebarger <manager@townotsawmisnc.com> Cc: Dustin Millsaps Planning@townolsawmilsnc.com>; CMC NCCMC. Julie A. Good spodPtowmolswniscon  Subject: RE: Ripple Fiber, LLC Master Encroachment Agreement  Julie,  Can you email me the plans, or upload them to a shared folder? Or doy you only have paper copies? If so, Ican borrow  them and scan them. Thanks, Benjie Thomas (828)522-4728  From: Terry M Taylor erptenc.onvew.om Sent: Monday, October 14,20242:47PM To: manager@townofsawmilisnc.com  Cc: planning@townolsawmilsnc.com; CMC NCCMC. Julie. A. Good oxdPlowoswmiscon jgoodOtownofsawmils.com>; Benjie Thomas bthomas@west.consultants.com>  Subject: Ripple Fiber, LLC Master Encroachment Agreement  Attached is a draft of the Master Agreement for your review. Julie ify you would send Benjie a copy of all of each set of the plans just so hel has all of them for the Town and he will want to just make sure that the proposed locations don'tinterrupt or interfere with any current Town Street, Water or Sewer Construction Project thati is underway. Iwould think you would also want Benjie to check the proposed utility locations as theyi impactTown owned property (ie parks, newi town hall, public works office, fire dept etc.) )soy you make sure the fiber locations are where you want them to bet for1 those town owned locations. Idid also increase the Insurance requirements SO we may want to amend our policy to match  these new amounts. Let me know any questions.  Terry M. Taylor I Partner Young, Morphis, Bach & Taylor, LLP First Lawyers Building at North Park 858 2nd Street NE, Suite 200 (28601) Post Office Drawer 2428 Hickory, North Carolina 28603 (828)322-4663 (828)322-2023 (facsimile)  Email: erytehickonylaw.com I Web: w.nickorylaw.com  PRIVILEGED AND CONFIDENTIAL: This email and any attachment(s) contain information from the law firm of Young, Morphis, Bach & Taylor, LLP, and may contain information that is privileged or confidential. The information is intended solely for the intended recipient. Use by any other party is not authorized. If you have received this communication in error, please notify the sender immediately and delete this  message from your device.  8    FDCPA: A portion of the law firm's practice involves the collection of debts. Pursuant to the Fair Debt Collection Practices Act, you are advised this office may! be attempting to collect a debt againsty you and This email has been scanned for viruses and malware, and may have been automatically archived by our  anyinformation obtained will be used fori that purpose. email and cybersecurity vendor Mimecast.  ----Original Message-----  From: apetsencxony/aw.com Klawyers@hickorylaw.com>  Sent: Monday, October 14, 20242:51PM To: Terry M Taylor Tetpylenc.oy.aw.com Subject: Young Morphis Bach & Taylor  This E-mail was sent from ANP5838798C6AB8 (IM 7000).  Scan Date: 10.14.2024 14:50:52 (-0400) Queries to: anersenckon.ew.com  Disclaimer  The information contained in this communication from the sender is confidential. Iti is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast, al leader in email security and cyber resilience. Mimecast integrates email defenses with brand protection, security awareness training, web security, compliance and other essential capabilities. Mimecast helps protect large and small organizations from malicious activity, human error and technology failure; and tol lead the movement toward building a more resilient worid. To find out more, visit our website.  taking action in relation of the contents of this information is strictly prohibited and may be unlawful.  Disclaimer  The information contained in this communication from the sender is confidential. Iti is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast, a leader in email security and cyber resilience. Mimecast integrates email defenses with brand protection, security awareness training, web security, compliance and other essential capabilities. Mimecast helps protect large and small organizations from malicious activity, human error and technology failure; and to lead the movement toward building a more resilient world. To find out more, visit our website.  taking action in relation of the contents of this information is strictly prohibited and may be unlawful.  9    Dustin Millsaps From: Sent: To: Cc: Subject: Deidra,  Dustin Millsaps  Tuesday, October 29, 20248:21AM Deidra Hickcox; Chase Winebarger Jason Fajerski; Kayla Houde RE: Ripple Fiber - Encroachment Plans  Treached outto the attorney again about a timeline, and she just thought it would be best thatlsend her your email sO she can send you some stuff. However, she did say that the engineers are going over the  maps and doing the stuff that they need to do ati the moment.  Thank) you, Dustin W. Millsaps, MPA, CZO Planning Director Town of Sawmills, NC 4076 US Hwy 321-A Sawmills, North Carolina 28630 Office: (828)396-7903 I Fax: (828)396-8955 www.townofsawmills.com  Zm Sarlb  Under the provisions of G.S. 132-1.4& 160A-168, the information contained herein may be confidential and not a public record, and is intended only fori the use of the individual or entity named above. Ifyou are noti the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution orr reproduction of this communication is not permitted. Ifyou have received this e-mail in error, please delete all electronic copies, destroy all hard copies, and notify me immediately. Your cooperation will be  appreciated.  From: Deidra Hickcox Dedraerpperiper.om, Sent: Monday, October 28, 20242:05PM Subject: RE: Ripple Fiber- Encroachment Plans  To: Dustin Millsaps Panningetownolsawmilsnc.com>; Chase Winebarger manager@townoisawmilsnc.com>  Cc: Jason Fajerski asonenpperpercomo, Kayla Houde Kayla.Houde@rippleriber.com>  Hi Dustin,  1    Wanted toi follow up on this. We want to ensure we have everything in place for our build.  Thanks,  Deidra Hickcox Permitting Manager T:704-620-7279 M:704-620-7279  R RIPPLE FIBER  From: Dustin Millsaps Planning@townofsawmiisnc.com> Sent: Wednesday, October2 23,20242:23PM Cc:. Jason Fajerski Bsonerppelber.com> Subject: RE: Ripple Fiber- Encroachment Plans  To: Deidra Hickcox Dedaenpperbercon? Chase Winebarger manager@townotsawmlisnc.com>  The engineers arel lookingi it over at the request oft the attorney was the last thing have heard ont this.  That was late last week. Thank) you, Dustin W. Millsaps, MPA, CZO Planning Director Town of Sawmills, NC 4076 US Hwy 321-A Sawmills, North Carolina 28630 Office: (828)396-7903 IF Fax: (828)396-8955 www.townofsawms.com  AAmGARR oarmuls  Under the provisions of G.S. 132-1.48 & 160A-168, the information contained herein may be confidential and not a public record, and isi intended only for the use of the individual or entity named above. Ifyou are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution orr reproduction of this communication is not permitted. Ify you have received this e-mail in error, please delete all electronic copies, destroy all hard copies, and notify me immediately. Your cooperation will be  appreciated.  2    From: Deidra Hickcox Deaerppeiper.on> Sent: Tuesday, October 22,20243:22PM Cc: Jason Fajerski asonerpplefbercom> Subject: RE: Ripple Fiber- Encroachment Plans  To: Dustin Millsaps Panningetownoisawmilisnc.com>; Chase Winebarger manager@townolsawmilsnc.com>  Afternoon,  Wanted to follow up on this agreement.  Thanks,  Deidra Hickcox Permitting Manager T:704-620-7279 M:704-620-7279  RIPPLE FIBER  From: Dustin Millsaps Planning@rownofsawmilsnc.com> Sent: Monday, October 7,20242:21PM Subject: RE: Ripple Fiber- Encroachment Plans  To: Deidra Hickcox Dedaenppenbercom, Chase Winebarger <manager@townolsawmilsnc.com>  Deidra,  Sorry for the delayi in getting back withy you.. Just wanted to lety you know that these were received on1 the 1"andIhave started a conversation with the attorney to take the next steps with the encroachments.  Thank you, Dustin W. Millsaps, MPA, CZO Planning Director Town of Sawmills, NC 4076 US Hwy 321-A Sawmills, North Carolina 28630 Office: (828)396-7903 I Fax: 828)396-8955 w.DwIOsAwmIs.com  C Torre EpD oamms  3    Under the provisions of G.S. 132-1.48 & 160A-168, the information contained herein may be confidential and not a public record, and isi intended only for the use oft the individual or entity named above. Ifyou are not the intended recipient oft this e-mail, you are hereby notified that any dissemination, distribution or reproduction of this communication is not permitted. Ifyou have received this e-mail in error, please delete all electronic copies, destroy all hard copies, and notify me immediately. Your cooperation will be  appreciated.  From: Deidra Hickcox Deaerpperpercom Sent: Tuesday, Otober1,2024906AM Subject: Ripple Fiber- Encroachment Plans  To: Dustin Millsaps Panningetownoisawmilsnc.come; Chase Winebarger manager@townoisawmilisnc.com>  Good Morning,  Please see attached plans for Ripple Fiber.  AlLI NCDOT roads will be permitted though NCDOT and we will gain permission for any private roads  listed ini the package as well.  Ifyou need any dditionalinformation, please share.  Thanks,  Deidra Hickcox Permitting Manager T: 704-620-7279 M: 704-620-7279  RIPPLE FIBER  4    Dustin Millsaps From: Sent: To: Cc: Subject:  Caleb Griswold Caleb.Griswold@rpplenber.com> Friday, December 6, 202410:46AM Tery/@nickoyaw.com: Dustin Millsaps; Chase Winebarger; scoonse@townoisawmils.com; eneweiconuluniscon good@townofsawmilcomgpodelownoisawmilscom, poteet@west- consultants.com; bthomas@west-consultants.com RE: Ripple Fiber, LLC Plan changes  Good morning. Ourt team is working on the requested changes, and we hope to have the updated plans backt to you as soon as possible. Ifwe have specific questions regarding the changes who isi the best contact?  Thanky you.  Caleb Griswold OSP Engineer T:864-412-3338 M: 864-412-3338  @ RIPPLE FIBER  From: Deidra Hickcox Dedra@nppehiper.om, Sent: Monday, Derember2,2024434PM To: Caleb Griswold Caleb.Griswold@rippletiber.com> Subject: FW: Ripple Fiber, LLC Plan changes  Deidra Hickcox Permitting Manager T:704-620-7279 M:704-620-7279  RIPPLE FIBER  From: Terry M Taylor erpyencaonaw.omy Sent: Tuesday, November: 26,20242:45PM To: Deidra Hickcox Dedaerpperper.om> Subject: FW: Ripple Fiber, LLC Plan changes  Cc: panningetownoisawmilsnc.com; CMC NCCMC. Julie A. Good spoetownolsmiscom  <jgoodOtownofsawmils.com>; manager@townofsawmilsnc.com    You don'toften gete email from ternyt@nckonylaw.com. Learn whyt this isi important  Looks like these are the requested changes to the Plans. will send along the Master Encroachment Agreement next for  your review. Terry M. Taylor Partner  Young, Morphis, Bach & Taylor, LLP FirstLawyers Building at North Park 858 2ns Street NE, Suite 200 (28601) Post Office Drawer 2428 Hickory, North Carolina 28603 (828) 322-4663 (828) 322-2023 (facsimile)  Email: ervt@hickon/aw.com I Web: www/.hickorylaw.com PRIVILEGED AND CONFIDENTIAL This email and any attachment(s) contain information from the law firm of) Young, Morphis, Bach & Tavlor, LLP and may.contain information that is privileged on confidential, Thei informationis intended soiely for the intended recipient. Use by any other party is not authorized. lfyouhave received this communication in errory please notify thesender immediately and delete this message from your device. FDCPA: Aportion of the law firm's) practice invoives the collection of debts. Pursuant to the Fair Debt Collection Practices Act, yous are advised this office may bes attempting to collect a debt against yous and any information This emaill has been scanned for viruses and malware, and may have been automatically archived by ourt emaila and cyben security vendors Mimecast.  obtained willl bes used for that purpose.  From: Chris Ervin <cervin@west-consultants.com> Sent: Monday, November 25, 20242:09PM  To:Terry M Taylor erytenson-awcon Dustin Millsaps Panningetownoisawmisnc.com>; Chase Winebarger Cc: CMC NCCMC. Julie A. Good aedeloamoismlson igood@townofsawmils.com>,Todd' Poteet tpoteet@west-consultants.com>; Benjie Thomas <bthomas@west-consulrants.com>  manager@townolsawmisnc.com>, scoonse@townofsawmils.com Subject: Re: Ripple Fiber, LLC Master Encroachment, Agreement  Caution: This message is from an external sender.  Iset down and reviewed all maps with Steve Coonse, Public Works Director. The attached report are the changes,  by project map, we believe need to ber made to the proposals for where the fiber is run.  Let us know ify you have any questions.  Chris Ervin, EIT Staff Engineer  2    West Consultants, PLLC 405 South Sterling Street Morganton, NC: 28655 Phone: 828-433-5661  Direct Dial Number: 828-522-4729 Email: cervin@west-consultants.com  nd technology failure; and to lead the movement toward building a more resilient world. To find out more, visit our website.  Disclaimer  Thei information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast, a leader in email security and cyber resilience. Mimecast integrates email defenses with brand protection, security awareness training, web security, compliance and other essential capabilities. Mimecast helps protect large and small organizations from malicious activity, human error and technology failure; and to lead the movement toward building a more resilient world. To find out more, visit our website.  taking action in relation of the contents of this information is strictly prohibited and may be unlawful.  3    Dustin Millsaps From: Sent: To: Cc: Subject:  Terry M Taylor Terylencoyewcom, Monday, December 9, 20243:51PM  Josh Runyan; Dustin MEegs.RON  Chase Winebarger; Sherry A. Hollar; Deidra Hickcox; Lance van der Spuy; Harrison Golson; Bobbie Gilbert; Greg Wilson; Benji Thomas bthomas@west-consultants.com;  Chris Ervin  RE: FW: Sawmills Encroachment Agreement/ Ripple Fiber  Looks Great-Thanks! Terry M. Taylor 1 Partner  Young, Morphis, Bach & Taylor, LLP First Lawyers Building at North Park 858 2nd Street NE, Suite 200 (28601) Post Office Drawer:2428 Hickory, North Carolina 28603 (828)322-4663 (828) 322-2023 (facsimile)  Emails ervt@hckonlaw.com I Web: www. hickorylaw.com  PRIVILEGED AND CONFIDENTIAL This email and any attachments) contain information from the law firm of Young, Morphis, Bach & Tavlor,LLP, and may contain information thati is privileged or confidential. Thei informationis intended solely for the intended recipient. Use by: any other party is not authorized. Ify you have received this communication in error, please notify thes sender immediately and delete this message from your device. FDCPA: A portion of the law firm's practice involves the collection of debts. Pursuant to the Fair Debt Collection Practices Act, you ares advised this office may be attempting to collecta a debt against your and any information  obtained willl be used fort thatp purpose.  This email has beens scanned for viruses andi malware, and mayhave been automatically archived by ouremail and cybers security vendor Mimecast.  From: Josh Runyan osherppleriper.com> Sent: Monday, December 09, 20243:48PM goodetownosawniscon  To: Dustin Millsaps Panning@townolsawmilisnc.com>; Terry M Taylor Tety/encoryw.om,  Cc: Chase Winebarger managererownoisawmilsnc.com>; Sherry A. Hollar mermencovaw.com, Deidra Hickcox Dedraenpperbercom, Lance van der Spuy anceerpperiber.como, Harrison Golson Mairsonerppetbercom, Bobbie Gilbert opeenpperber.com), Greg Wilson gregerpperber.como, Benji Thomas (bthomas@west- consultants.com) <bthomas@west-consulrants.com>; Chris Ervin cervin@west-consultants.com>  Subject: RE: FW: Sawmills Encroachment Agreement/ Ripple Fiber    Caution: This message is from an external sender.  Terry,  Itwas great speaking withy you just now.  As discussed, please see a revised Exhibit. A1 to attachi to the document.  Thanks, Josh  Joshua Eric Runyan, Esq. CHIEF LEGAL OFFICER M: 704-989-3217  RIPPLEFIBER  This message and any included attachments are intended to be private and confidential: andr may bel legally privileged. Ifyoua arer not the intended recipient, or have received this message in error, please delete this message anda anyi included attachments from) your system and notify the sender immediately. Any disclosure, copying, distribution or action  taken or omitted to be taken by an unintended recipient inr reliance on this messagei is prohibited andr may be unlawful.  From:. Josh Runyan  Sent: Thursday, December 5, 20242:29PM oodetowolswmiscen  To: Dustin Millsaps Panningotownoisawmilsnc.com); Terry M Taylor ervlensson.aw.com>  Cc: Chase Winebarger managerotownolsawmisnc.com>; Sherry A. Hollar erpnensorawcom, Deidra Hickcox Dedaenpeiberon>, Lance van der Spuy lanceerpperper.om> Harrison Golson arisonerppetber.om> Bobbie Gilbert oncenppetbercon? Greg Wilson gregerpperibercomo Benji Thomas bthomas@west- consultants.com) <bthomas@west-consultants.com>; Chris Ervin cervin@west-consultants.com>  Subject: RE: FW: Sawmills - Encroachment Agreement/ Ripple Fiber  6of6  PLEASE NOTE: The design attached here comprises trade secrets as definedinN.C.G.S.566-1523.and are protected from disclosure pursuantt ION.C.GS.51321.2.AccninMarguesthnatsuchdesien  not be included in the puplclyavalahleAgenda orMinutes.  Joshua Eric Runyan, Esq. CHIEF LEGAL OFFICER M: 704-989-3217  RIPPLEFIBER  This message and any included attachments arei intended to be private and confidential and may bel legally privileged. Ify you are not the intended recipient, or have receivedt this message ine error, please delete this message anda any includeda attachments from your system andi notify thes sender immediately.. Any disclosure, copying, distribution or action  taken or omitted to bet taken by an unintended. recipient in reliance ont this message is prohibited andr may be unlawful.  2    From: Josh Runyan  Sent: Thursday, December 5, 202411:37AM oodetownoswniscon  To: Dustin Millsaps Planning@townolsawmilsnc.com>; Terry M Taylor ervlenconw.con?  Cc: Chase Winebarger manager@townofsawmilsnc.com>; Sherry A. Hollar erpnehsonawcom, Deidra Hickcox Dedaerppetbercom, Lance van der Spuy anceerppehpercom> Harrison Golson farisonerppelber.om> Bobbie Gilbert poppeenppeierson". Greg Wilson gregerpplerbercom> Benji Thomas bthomas@west- consultants.com) <bthomas@westconsutants.com); Chris Ervin cervin@west-consultants.com> It's being overnighted today, and I'u be sending emails of everything today as well.  Subject: RE: FW: Sawmills - Encroachment Agreement/ Ripple Fiber  @Terry M Taylor, please see the language of Exhibit A, attached, and confirm thaty you're comfortable  withi it. Thanks, Josh  Joshua Eric Runyan, Esq. CHIEF LEGAL OFFICER M: 704-989-3217  RIPPLE FIBER  This message and anyi included attachments are intended to be private and confidential: and may bel legally privileged. Ify you are not the intended recipient, or have received this message in error, please delete this message anda any included attachments from yours system and notify thes sender immediately.. Any disclosure, copying, distribution ora action  taken or omitted tob bet taken by an unintended recipient in reliance ont this message is prohibited andr may be unlawful.  From: Dustin Millsaps Planning@townofsawmilsnc.com> Sent: Thursday, December 5, 20248:21AM  To: Terry M Taylor <TerryT@hickorylaw.com>;Josh! Runyan psnerpperber.com> soodetownosawnison Cc: Chase Winebarger manager@townoisawmiinc.como:Shery, A. Hollar Srernenconewcom, Deidra Hickcox Deuaenpebercom> Lance van der Spuy lanceerppehper.om> Harrison Golson arrsoneropelberom, Bobbie Gilbert obpeerppetbercon? Greg Wilson gregerpperber.com> Benji Thomas bthomas@west consultants.com) bthomas@westconnsutants.com>; Chris Ervin cervin@west-consultants.com>  Subject: RE: FW: Sawmills Encroachment Agreement/ Ripple Fiber Will this be done by Monday? Julie will need it by then for her agenda.  Thankyou, Dustin W. Millsaps, MPA, CZO Planning Director Town of Sawmills, NC 4076 US Hwy 321-A Sawmills, North Carolina 28630 Office: (828)396-7903 IF Fax: (828)396-8955 www.townofsawmus.com  3    7bm a6 OD oaumls  Under the provisions of G.S. 132-1.4 & 160A-168, the information contained herein may be confidential and not aj public record, and is intended only for the use of the individual ore entity named above. Ify you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution orr reproduction of this communication is not permitted. Ifyoul have received this e-mail in error, please delete all electronic copies, destroy all hard copies, and notify me immediately. Your cooperation will be  appreciated.  From: Terry M Taylor Terytenconvaw.om Sent: Tuesday, December: 3, 202412:24PM  To: Josh Runyan osherpplefiber.come opdetownolsmiscon  Cc: Dustin Millsaps Planning@townoisawmilsnc.com>; Chase Winebarger manager@townolsawmiisnc.com>; Sherry A. Hollar herphehconewcom, Deidra Hickcox Dedaenpeiber.com>, Lance van der Spuy lanceerppehipercom> Harrison Golson atisonenpetiptrcon, Bobbie Gilbert opeerppetpetcom, Greg Wilson gregerpperber.com> Benji Thomas bthomas@west-consultants.com) <bthomas@west-  consultants.com>; Chris Ervin cervin@west-consultants.com> Subject: RE: FW: Sawmills - Encroachment Agreement/ Ripple Fiber  That sounds fine. Tenry M. Taylor Partner  Young, Morphis, Bach & Taylor, LLP FirstLawyers Building at North Park 858: 2nd Street NE, Suite 200 (28601) Post Office Drawer 2428 Hickory, North Carolina 28603 (828) 322-4663 (828) 322-2023 (facsimile)  Email: erpt@nckoylw.com I Web: www hickorylaw.com PRIVILEGED AND CONFIDENTIAL: This email and any attachmentis, contain nformation from the law firm ofYoung, Morphis Bach & Taylor,LLP and maycontaint informationt thatisprivileged or confidential. The informationis intended solsly for the intended recipient Use by anv pthen party is not authorzed you have received thiss communication in eros please notify enderimmECHN and delete this-message fromvours device FOCPAS Aporcnofthe aw firm's practices voives theicol ection of debts Pysvatother F3-Debt Coliection Pracoces Acss Yous ae acvisedi this oiticemazber astempung tocoilect a sep6 3E etwovs arviptor sason T58Tg bysscared oErasss 310 3Te 315. SVELE  SbEaMsTua.bs usedifon that punase SRSA Pahived sur a Ssans 3  4    From:. Josh Runyan osheriplefiber.com> Sent: Tuesday, December 03, 202412:20PM  To: Terry M Taylor erplencon-w.Om>, scodetowmoawmison  Cc: planning@townofsawmilsnc.com; manager@townofsawmilsnc.com; Sherry A. Hollar sherpnenconewcom? Deidra Hickcox Dedaerppenber.com>, Lance van der Spuy anceerppefpercome Harrison Golson arionenpebercom, Bobbie Gilbert oppcerppeiber.com", Greg Wilson gregerppleibercomo Benji Thomas bthomas@west-consultants.com) pthomas@west-consultants.com>; Chris Ervin <cervin@west-  consultants.com>  Subject: RE: FW: Sawmills - Encroachment Agreement/ Ripple Fiber  Caution: This message is from an external sender.  HiTerry,  We're good with that approach. In an effort to (i) save time, and (ii) give effecti to the below, cany we incorporate the town requests as an addendum to our build map, with the caveat that int the event of DOT refusal to accommodate any specific request despite Ripple Fiber's best efforts, the build mapy will  control as to suchr request?  Thanks, Josh  Joshua Eric Runyan, Esq. CHIEF LEGAL OFFICER M: 704-989-3217  RIPPLEFIBER  This message anda any included attachments arei intended to be private and confidential. andi may be! legally privileged. Ify you are not the intended recipient, or have received this message in error, please delete this message anda anyi includeda attachments from) your system andi notify thes sender immediately.. Any disclosure, copying, distribution ora action  taken or omitted tob bet taken bya an unintended recipient in reliance ont this message is prohibited andr may be unlawful.  Josh Runyan Chief Legal Officer T: 980-306-5091 M: 704-989-3217 f  m  RIPPLE FIBER  From: Terry M Taylor ervtenc.orvew.om Sent: Tuesday, December: 3, 202410:39AM  To: Josh Runyan dosherppleriber.com> oodetownoswmison  5    Cc: planning@towno'sawmilisnc.com; manager@townofsawmilisnc.com; Sherry A. Hollar shernensonawcon? Deidra Hickcox Dedraenpelber.om>, Lance van der Spuy lanceerppelpercom> Harrison Golson arisonenppeipercom, Bobbie Gilbert opeenppeiber.como, Greg Wilson gregerpperbercome Benji Thomas bthomas@west.consultants.com) <bthomas@westconsulrants.com>; Chris Ervin <cervin@west  consultants.com>  Subject: RE: FW: Sawmills - Encroachment Agreement/ Ripple Fiber You don't often get emailf from ternytehckorylsw.com: Learn whyt thisi isi important  Joshlspoke with the Town's Engineers about the DOT Road Situation. While the Town does not control what is done in the DOT road rights of way the Town also has Utility Lines in those rights of way and wants to minimize the conflicts or damages done tot the Town systems. We would respectfully request that you honor those requests and make the necessary plan modifications and resubmit them then to request DOT approve the alternate locations. Ifthey do not approve all the changes--- then the Town will abide by what is approved--but requests that you make this effort first.  Terry M. Taylor 1 Partner  Young, Morphis, Bach & Taylor, LLP FirstLawyers Building at North Park 858 2nd Street NE, Suite 200(28601) Post Office Drawer 2428 Hickory, North Carolina 28603 (828)3 322-4663 (828)322-2023 (facsimile)  Email: ervtenckoryaw.com I Web: www. hickorylaw.com PRIVILEGED ANDI CONFIDENTIAL This email andany attachment(s contain information from. the lawi firm of Young, Morphis, Bach & Taylor,LLP and maycontain information thati is privileged on confidential, Thei informationis intendedi solely for the intended recipient Uses by any other party) is not authorized. fyoul havereceived this communication in error, please notify thes sender immediately and delete this message from yours device. FOCPA Aportion of the law firm's practice invoives the collection of debts. Pursuant to the Fair Debts Collection Practices Act yous ares advised this office may. be attempting to collect a debt against yous and any information Thise email has been scanned for viruses and malware, and mayhave been automatically archived by our email and cyber security vendor Mimecast.  obtained willl be used for that purpose.  From:. Josh Runyan psnerpperper.com> Sent: Monday, December 02, 20245:24PM  To:j soodetoanafsammiscon: Terry M Taylor Terrtencon/ew.om  Cc: planning@townoisawmilisnc.com; manager@townofsawmilsnc.com; Sherry A. Hollar nerpnenconewcom, Deidra Hickcox Deuaenppebercon? Lance van der Spuy anceerppeiper.om>, Harrison Golson arisonerpperpercom, Bobbie Gilbert opgenppetpercom, Greg Wilson gregerpperbercom>  Subject: RE: FW: Sawmills- - Encroachment Agreement/ Ripple Fiber  Caution: This message is from an external sender.    DearTerry,  Thank you sO much for making the corrections sO quickly. Attached is a scanned copy of the signed and notarized agreement. Our engineering team is working on updating the plans to attach as Exhibit A. When With respect to the requested changes we received, as reflected in the attached file titled "Sawmills Ripple Fiber Encroachment Review," our team had at fewt things to point out with respect to several oft the roads, ini thatt they are DOTI roads for which we've already received permits from the DOT1 to construct as  done, Iwille email them and overnight the hardcopy agreement and exhibit.  located in our originally submitted plans. These locations are: (1) US HWY 321A, found in FDA 5, FDA6, FDA 8, and FDA9; (2) Sawmills School Rd, found in FDA7and FDA 9; (3) Mission Road, found in FDA6; (4) Sartain Drive, found in FDA 6; and (5) Horseshoe Bend Road, found FDA10.  How: should wel handle the above instances of DOT roads?  All the best, Josh  Joshua Eric Runyan, Esq. CHIEF LEGAL OFFICER M: 704-989-3217  RIPPLEFIBER  This message and any included attachments arei intended to be private ando confidential: andi may be legally privileged. Ifyou are not thei intended recipient, or have receivedt this message in error, please delete this message anda any includeda attachments from your system andr notify thes senderi immediately. Any disclosure, copying, distribution or action.  taken or omitted tob bet taken by an unintended. recipient in reliance ont this message is prohibited andr may be unlawful.  Josh Runyan Chief Legal Officer T: 980-306-5091 M:704-989-3217  R RIPPLE FIBER f  n a  From: soetownoiswniscon ogPloNdsmIsen  Sent: Monday, December: 2, 202412:10PM To: Terry M Taylor Terpyienconaw.com" A. Hollar shernenconlw.com  Cc:. Josh Runyan osherppefiber.com> planning@townofsawmilsnc.com; selonhsnlacen Sherry  Subject: RE: FW: Sawmills - Encroachment Agreement/ Ripple Fiber  7    You don'to often gete email fromj codelowndsamiscon Learn whyt thisi isi important the 16th, sO the agendas will need tol be out by the 10th. Ifyou have any questions, please feel free to contact me.  Actually Terry, In need tol have the agendas out by the 10thofDecember. I will be out oft town from the 11th to  Sincerely, Julie A Good, CMC, NCCMC Town Clerk Town of Sawmills 4076 US Highway 321A Sawmills, NC28630 Telephone: (828)396-7903 Facsimile: (828)396-8955 ----Original Message-----  From: "Terry M Taylor" emyI@nckoplawcom Sent: Monday, December 2, 2024 12:03pm To: josh@ripplefiber.com" josh@ripplefiber.com"  Cc: Planningl@townolsamilisnc.com" Panning@townolsawmilisnc.com>, jgood@townofsawmills.com) jgood@townofsawmills.com>, "Sherry A. Hollar"  manager@townofswmilisnc.com manager@townofsawmilisnc.com>", "CMC NCCMC. Julie. A. Good  sherp.ahckopla.sem  Subject: FW: Sawmills - Encroachment Agreement/ Ripple Fiber  Josh, It was a pleasure speaking with you this morning. Ihave made the corrections to the Agreement that we discussed. Ifall appears to meet your approval ifyou will have the Agreement signed and notarized and the Exhibit A map attached with the modifications that were requested that will be great. You can overnight the original to me and I will deliver to the Town Clerk to have this then put on the next agenda. Iwill need to receive it by the 12th to have this on the next Agenda for December 17th meeting. Ifafter that ----then it will  be on the January Agenda. Let me know any questions at all.  Terry M. Taylor I Partner  Young, Morphis, Bach & Taylor, LLP FirstLawyers Building atNorth Park 858 2nd Street NE. 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Hollar sherryh@hickorylaw.com> Sent: Monday, December 02, 202411:53AM To: Terry M Taylor IeryiIghckopawcm Subject: Sawmills - Encroachment Agreement  obtained willl be used for that purpose.  Sherry A. Hollar, NCCP I Paralegal to Terry M. Taylor  Young, Morphis, Bach & Taylor, L.L.P. First Lawyers Building at North Park 858: 2nd Street NE, Suite 200 (28601) Post Office Drawer 2428 Hickory, North Carolina 28603 (828): 322-4663 (828) 324-2023 (facsimile) Email: nerpn@ncxoylw.com Web: www.hickorylaw.com Monday- Thursday: 00a.m.-s.00pm; Friday: B00am.-330pm. recipient, please delete this message and any attachments and notify the senderi immediately.  Hours of Operation:  CONFIDENTIALITY NOTICE. This message is sent by an attorney's office and may contain information that is privileged or confidential. Ify you are not the intended  *** WARNING! WIRE FRAUD ADVISORY: Wire fraud and email hacking/phishing attacks are on the increase! 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If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast, a leader in email security and cyber resilience. Mimecast integrates email defenses with brand protection, security awareness training, web security, compliance and other essential capabilities. Mimecast helps protect large and small organizations from malicious activity, human error and technology failure; and to lead the movement toward building ar more resilient world. To find out more, visit our website.  taking action in relation of the contents of this information is strictly prohibited and may be unlawful.  Disclaimer  The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. Ify you are not the recipient, you are hereby notified that any disclosure, copying, distribution or This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast, a leader in email security and cyber resilience. Mimecast integrates email defenses with brand protection, security awareness training, web security, compliance and other essential capabilities. Mimecast helps protect large and small organizations from malicious activity, human error and technology failure; and to lead the movement toward building a more resilient world. To find out more, visit our website.  taking action in relation of the contents of this information is strictly prohibited and may be unlawful.  10    Prepared by and return to: Terry M. Taylor, Attorney Post Office Drawer 2428 Hickory, North Carolina 28603 STATE OF NORTH CAROLINA CALDWELL COUNTY  ENCROACHMENT AGREEMENT TOWN RIGHT OF WAY  THIS ENCROACHMENT AGREEMENT ("Agreement") is made and entered into Carolina municipal corporation having a mailing address of 4076 US Hwy 321A, Sawmills, North Carolina 28630 (the "Grantor"), and RIPPLE FIBER LLC, a South Carolina limited liability company having a mailing address of 6000 Fairview Rd., Suite 300, Charlotte, NC  this  day of  2024, by and between the TOWN OF SAWMILLS, a North  28210 (the "Grantee").  WITNESSETHE  WHEREAS, the Grantee desires to encroach on certain public streets and/or street right of ways (hereinafter collectively "ROW") under the Grantor's jurisdiction for the purposes of constructing, installing and maintaining telecommunications facilities, including but not limited to fiber optic cables and associated conduit (hereinafter Telecommunications Facilities") and the parties wish to memorialize any such permission and conditions through this Agreement  rather than individual permits or approvals; and  Page 1of12  Town ofs Sawmills Encroachment Agreement  295578.1    WHEREAS, the Grantor is willing to grant the Grantee a non-exclusive, revocable (subject to applicable law) permission to encroach on the ROW in locations approved by the Grantor pursuant to plans approved for the purposes described in this Agreement.  NOW, THEREFORE, IT IS AGREED that the Grantor grants to the Grantee, its successors, and assigns, the right and privilege to make this encroachment as shown on the  attached plans (the Encroachment"), upon the following conditions:  1.  Permission to Encroach. Upon the approval of specific construction plans by the  Grantor, the Grantor hereby grants the Grantee permission to encroach at the locations described in construction plans in accordance with this Agreement. Encroachments are for the purpose of constructing, installing, maintaining, operating and if necessary removing Telecommunications Facilities. The Telecommunications Facilities may consist of aerial or underground fiber optic cables, lines, or strands; underground conduits, vaults, access manholes and handholes; electronic equipment; power generators; batteries; pedestals; boxes; cabinets; huts; and other similar facilities (hereinafter "Network Facilities"). A general route and proposed design of Grantee's Telecommunications Facilities is attached as Exhibit A. Grantee understands and agrees that, notwithstanding any language in this Agreement to the contrary, the Grantor grants permission only to the extent authorized by law and the terms of the conveyance of the right of way, fee, easement, or other property interest to the Grantor in the ROW or public street. Nothing in this Agreement shall constitute or create an assignment to Grantee by the Grantor of any easement or license held by the Grantor or of any rights under any easement or license held by the Grantor. Nothing herein contained shall be construed to confer on Grantee an exclusive right to encroach on ROW or public streets or confer any rights to any third party. This Agreement also does not grant usage of Grantor poles or conduits by the Grantee.  Construction plans that are approved by the Grantor and show an encroachment shall be added as exhibits to this Agreement and shall be governed by the terms and conditions of this Agreement. Each such approved plan shall have a sequential Exhibit number included on the plan. All such construction plans that show an encroachment shall reference this Agreement and provide that any such installation, operation, or maintenance shall be governed by and  incorporated into this Agreement.  2.  Pre-Existing Interests. This Agreement and the rights granted hereto are  subordinate and subject to the Grantor's continuing right to use and control the ROW in accordance with North Carolina law. Nothing in this Agreement shall be interpreted to restrict, impair, or affect the Grantor's right to construct, install, operate, maintain, repair, or remove roadways, sewers, water pipes, storm drains, gas pipes, utility poles, overhead and underground  electric lines, and any other associated facilities or utility and municipal uses.  Grantee's rights are subject to all pre-existing easements, restrictions, conditions, covenants, claims of title and other property interests in the ROW. Grantee shall obtain any permission or rights necessary to accommodate such pre-existing property interests.  3. Grantee's Obligations. The Grantee, its contractors, employees, agents,  successors, and assigns shall:  Page 2 of12  Town of Sawmills Encroachment Agreement  295578.1    (a) take all necessary steps, including but not limited to, contacting North Carolina 811 at least three (3) days prior to any digging or excavation to ensure that any activity or operation by Grantee will not interfere with, damage, disrupt, or interrupt any utility (b) notify the Grantor at least five (5) business days before commencing work at a Grantor ROW location and at least three (3) days before work begins, take reasonable steps to notify residents of buildings in the area of the affected ROW that work will be performed. Failure to provide the notifications outlined in this Agreement may, in the Grantor's discretion, result in suspension or termination ofthis Agreement. Grantee shall not begin work until approval to proceed has been provided by the Grantor. Approval may be provided through electronic mail and shall not be unreasonably withheld. Approvals will be provided by a representative designated by the Grantor. Approval or objections will be provided by the Grantor within two (2) business days of receipt of (c) in the event Grantee will be placing Network Facilities in the ROW within the tolerance zone (as defined in Section 87-117 of the North Carolina Underground Utility Safety and Damage Prevention Act) (hereinafter "NC811 Law") of a Grantor water or sewer line or any other Grantor-owned utility line, Grantee shall follow NC811 Law (d) provide proper traffic control devices in conformance with the latest Manual on Uniform Traffic Control Devices for Streets and Highways ("MUTCD"), including but not limited to signs, signal lights, and flagmen for the protection of traffic and amendments or supplements thereto during any installation or maintenance of the Network Facilities pursuant to this Agreement; Grantee shall provide at least five (5) business days' notice to the Grantor of any work which will require lane closure or traffic control measures lasting more than twenty-four hours; Grantee shall follow all federal, state, and local accessibility regulations, including the MUTCD and the Americans with (e) install, operate, repair and maintain the Network Facilities at Grantee's sole cost and expense and in accordance with federal, state, and local law, and any other regulations, ordinances and standards imposed by the Grantor, as may be amended from time to time. Construction, installation, operation, and maintenance of Network Facilities shall not endanger, inhibit, prevent, or interfere (i) with use of a ROW as a way of passage except in conformance with paragraph 3(d) above, (ii) with traffic on any ROW except in conformance with paragraph 3(d) above, (ii) with the maintenance of any ROW, (iv) with operation or maintenance of any Grantor-owned infrastructure located within or adjacent to the ROW, including but not limited to electric lines or poles, underground fiber, and water or sewer lines, or (v) with operation or maintenance of any  located int the ROW, above or below ground;  Notice;  requirements for excavating within that tolerance zone;  Disabilities Act;  other infrastructure or equipment lawfully located within the ROW;  Page 3of12  Town of Sawmills Encroachment Agreement  295578.1    (f) in the event Grantee damages any existing gas, electric, communications, water, sewer, or other utility facilities, Grantee shall immediately cease work and notify the Grantor and the affected utility company of the damage. Grantee will not resume work where damage has occurred until the Grantor determines that the danger to the public and (g) promptly repair any damage to the ROW, all Grantor-owned infrastructure, and all other areas disturbed during installation, operation, repair and- maintenance of the Network Facilities, including but not limited to pavement, sidewalk, curb and gutter, drainage systems, signs, pavement markings, underground fiber, utility poles, electric lines, and water or sewer lines, and shall restore same to the condition existing prior to Grantee's disturbance, re-establishing grass cover with seeding and spreading ofs straw for finishing, all to the Grantor's satisfaction which shall be based on the industry standards (h) comply with all Grantor ordinances, rules, and regulations regarding stormwater discharge and soil erosion and sedimentation control as well as the Grantor's regulations, ordinances, standards and specifications for roadway and utility construction; (i) reimburse Grantor for any reasonable costs or expenses of Grantor for any repairs or maintenance to the ROW, any Grantor-owned infrastructure, or other Grantor-owned structures resulting from or related to Grantee's negligence or willful misconduct in performing the installation, operation, maintenance, repair, or existence of the Network Facilities following receipt of invoices from the Grantor detailing those costs and/or expenses, including supporting documentation evidencing them, if requested and G) in the event that Grantor, its employees, agents, or contractors, in Grantor's sole discretion, need to conduct work in the ROW for a legitimate governmental purpose that will conflict with the Network Facilities, Grantee shall within a commercially reasonable time, remove or alter the Network Facilities at its cost, unless applicable law provides otherwise. The Grantor will use due diligence when approving Grantee's construction plans to avoid a potential foreseeable conflict between the proposed Network Facilities and the need for work in the ROW by the Grantor. In the event of a public emergency that creates an imminent threat to the health, safety, or property of the Grantor or its residents, the Grantor may remove or relocate any applicable Network Facilities without notice to Grantee, provided, however, that Grantor will make best efforts to provide prior notice to Grantee before making an emergency removal or relocation. Grantor will provide Grantee a detailed description of any emergency removals or relocations of Network Facilities. If Grantee abandons any portion of its Network Facilities, Grantee shall notify the Grantor and remove the Network Facilities at Grantee's expense, provided, however, that Grantor and Grantee shall discuss whether underground facilities may be abandoned in place or transferred to Grantor at the mutual agreement of Grantee  the utility facilities has been eliminated;  for such activity;  available;  and Grantor;  Page 4of12  Town of Sawmills Encroachment Agreement  295578.1    (k) understand and agree that damage or destruction may occur to Network Facilities and other property of Grantee in the course of Grantor's operations and that Grantor has no obligation to take extraordinary measures to protect Grantee, Grantee's property, or Network Facilities or to minimize, mitigate, or avoid any such damage; and release, waive, and discharge any legal rights or claims to seek payment or relief of any kind from the Grantor, its elected officials, boards, commissions, and employees, for any damages resulting from Grantor's operations, maintenance, or other use of the ROW under its () understand and agree that permission provided by this Agreement is non- exclusive, that additional encroachments by others may currently exist and be permitted int the future in the ROW ("Third Party Encroachments"), and that Grantor is not liable for any damage to Network Facilities that arise from the installation, operation, maintenance, or existence of Third Party Encroachments; and that any recourse for such (m) release, waive, and discharge any legal rights to seek payment or relief of any kind from the Grantor, its elected officials, boards, commissions, and employees, for any (n) hold the Grantor, its officers, employees, and elected officials harmless from any and all liability arising out of the construction, installation, maintenance, repair, or existence of the Network Facilities and associated restoration activities in the ROW; that it will defend the Grantor, its officers, employees, and elected officials, and pay reasonable attorney fees in any and all actions brought as a result of such; and that it will indemnify the Grantor, its officers, employees, and elected officials against any and all loss sustained by reason of negligence, recklessness, or intentional wrongful conduct of Grantee arising out of the installation, maintenance, operation, repair, removal, location, or existence of Network Facilities, provided, however, that indemnification relating to personal injury of employees will not apply to any claims made by Grantor's employees that are covered under applicable workers' compensation laws, and provided, further, that Grantee's indemnification and defense obligations shall not extend to liability to the (0) comply with all applicable Federal, State, and local laws and regulations. Grantee, and all subcontractors, shall comply with Article 2, Chapter 64, of the North Carolina (p) maintain valid general liability insurance in the combined single limit (bodily injury and property damage) amount of $5,000,000 general aggregate, commercial automobile liability insurance in the minimum amount of $2,000,000, and provide certificates of such insurance naming the Grantor as an additional insured by endorsement to the policies. Grantee shall maintain an umbrella excess policy in the minimum amount of $3,000,000 over primary insurance. Additionally, Grantee shall maintain and show proof of workers' compensation within the NC statutory limits and employer's liability insurance in the minimum amount of $1,000,000. Grantee shall  prior and continuing right to use the ROW;  damage must be from the Third Party Encroacher;  damages due to or resulting from Third Party Encroachments;  extent caused by the negligence or willful misconduct of Grantor;  General Statutes; and  Page 5of12  Town of Sawmills Encroachment Agreement  295578.1    provide notice of cancellation, non-renewal orI material change in coverage to the Grantor within 10 days of their receipt of notice from the insurance company. All required certificates ofinsurance, endorsements, and blanket additional insured policy provisions are attached and considered part of this document. Notwithstanding the foregoing, neither the requirement of Grantee to have sufficient insurance nor the requirement that the Grantor is named as an additional insured, shall constitute waiver of the Grantor's governmental immunity in any respect, under North Carolina law. All insurance certificates, endorsements, coverage verifications and any other items required pursuant  tot this Agreement will be mailed directly to:  Town of Sawmills Attn: Town Manager 40761 US Hwy 321A Sawmills, North Carolina 28630  4.  Microtrenching. Installation of Network Facilities through the use of  microtrenching (installing conduits within the edges of sidewalk or roads) that in any way impacts any Grantor-owned street, road, sidewalk, curb, gutter, or infrastructure of any kind is prohibited under this Agreement unless first approved in writing by the Grantor. Approval may  bej provided through electronic mail.  5. As-Built Maps. Grantee will maintain accurate as-built drawings and maps ofits Network Facilities located in the Grantor and provide them to the Grantor upon request and  subject to applicable confidentiality protections under North Carolina law.  6.  Required Relocation. In the event Grantee's Network Facilities would interfere  with the Grantor's use of the ROW for a legitimate governmental purpose, including but not limited to, construction or installation of water, sewer, or electric lines, or construction/relocation of a public road, Grantee will, upon written notice from the Grantor, relocate its Network Facilities at Grantee's expense to another location in the public ROW as may be agreed upon by the Parties. Relocation shall occur within a commercially reasonable time period after receiving notice from the Grantor, taking into account the urgency of the need for relocation, the difficulty  oft the relocation, and other relevant facts and circumstances.  7.  Contractors and Subcontractors. Grantee may retain contractors and  subcontractors to perform the work contemplated by this Agreement on behalf of Grantee. Grantee will notify the Grantor in writing of the identity of and contact information for each contractor and subcontractor performing any work for the Grantee in the Grantor prior to commencement of the work by the contractor or subcontractor. The contact information to be provided to the Grantor shall include the contractor's state license information and the name and telephone number of the contractorsubcontmactor representative with supervisory authority of the  work.  8. Term. This Agreement is effective on the date the last party to sign executes this Agreement ("Effective Date"). The initial term will be twenty (20): years from the Effective Date. At the end of the initial term, the Agreement shall automatically renew for successive five-year  Page 6of12  Town of Sawmills Encroachment Agreement  295578.1    terms unless terminated by either party in accordance with this Agreement or unless superseded by a new or amended agreement. Either party may terminate this Agreement without cause upon one hundred eighty (180) days written notice to the other party. In the event of termination of this Agreement, the Agreement will nevertheless continue to govern any construction plans approved by the Grantor and that are Exhibits to this Agreement prior to the effective date of termination. All provisions contained in Section 3 ofthis Agreement shall survive termination. Notwithstanding the foregoing, a grant of permission to encroach shall become void, and this Agreement terminated, as to any individual Grantor approved construction plans if the Grantee does not begin installation of the Facilities covered by that permit application in the relevant ROW within one (1) year of the date the plans are approved, unless the approval is updated in writing by the Grantor, and thereafter diligently pursue installation to completion. 9. Notice. Any notice, demand, request, or any other communication required, permitted, or desired to be given under this Agreement (collectively, "Notice") shall be in writing and sent via national overnight courier company (such as UPS or FedEx) or by depositing the Notice with the United States Postal Service, certified or registered mail, return receipt requested, with adequate postage prepaid, addressed to the appropriate party (and marked to a particular individual's or department's attention if SO indicated) as hereinafter provided. Each Notice shall be effective upon being delivered to the national overnight courier company or being deposited with the United States Postal Service, as the case may be, but the time period in which a response to any Notice must be given or any action taken with respect thereto shall commence to: run from the date ofreceipt oft the Notice by the addressee thereof, as evidenced by the national overnight courier company's records or by the return receipt of the United States Postal Service, as the case may be. Rejection or other refusal by the addressee to accept or the inability of the national overnight courier company or the United States Postal Service to deliver because of a changed address of which no Notice was given shall be deemed to be the receipt of  the Notice sent. The addresses of the Parties shall be as follows:  Ifto Grantor:  Town of Sawmills 4076 US Hwy 321A Sawmills, North Carolina 28630 Attention: Town Manager With a copy (which shall constitute notice) to: Terry M. Taylor Young, Morphis, Bach & Taylor, L.L.P. Post Office Drawer 2428 Hickory, North Carolina 28603 Ripple Fiber LLC 6000 Fairview Rd., Suite 300 Charlotte, NC28210 Attention: Lance van der Spuy  Ifto Grantee:  Page 7 of12  Town of Sawmills Encroachment Agreement  295578.1    Any Party shall have the right from time to time to change the Party's own address or individual or department' s attention to which Notices shall be sent or the address to which copies ofNotices shall be sent and to specify up to two additional addresses to which copies of Notices shall be sent by giving the other Party at least ten (10) days' prior written Notice thereof. 10. Mechanic's Liens. Grantee shall not permit or suffer any mechanic's or materialmen's or other liens of any kind or nature to be recorded and/or enforced against the Grantor, and Grantee shall indemnify and hold the Grantor harmless from and against any and all liens, claims, and expenses related to work done, labor performed, activities undertaken or materials furnished in connection with the Grantor's access to the encroachment area described  herein in accordance herewith.  11. Taxes. Grantee shall pay all taxes which may be levied, imposed or assessed upon or against the Encroachment, or any possessory interest right which Grantee may have in or to the Town ROW by reason of its use or occupancy thereof, and upon or against the Encroachment. Grantee agrees to pay all taxes, assessments, and charges on goods, merchandise,  appliances, equipment and property owned by it in or about the Town ROW.  12. Use at Permittee's Own Risk. In installing and constructing the Encroachment, Grantee agrees that it will, on its own behalf and on behalf of its contractors and subcontractors, and permitted guests and invitees, release, discharge and covenant not to sue the Town, its officials, officers, employees, volunteers and agents (collectively, the "Releasees") for any and all liability to Grantee, its contractors, subcontractors, employees, officers, guests, invitees, or assigns (the "Releasors"), for any loss or damage and any claim or demands therefore on account ofinjury or death to persons or injury or damage to property oft the Releasors resulting from and while Releasors are in, upon or about the Town ROW, or Encroachment, or any Network Facilities or equipment therein, unless such loss, damages, claim or demand is determined (by a court's final judgment after all appeals have been concluded or exhausted) to have been caused by the gross negligence or willful misconduct of the Releasees. Permittee accepts the Town's ROW, in its "AS-IS" condition as of the Effective Date of this Agreement and "WITH ALL FAULTS" AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED ON THE PART OF TOWN, OR ARISING BY OPERATION OF LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF CONDITION, HABITABILITY, MERCHANTABILIY, OR FITNESS FOR A PARTICULAR  PURPOSE OFTHE CITY-OWNED CONDUIT.  13. Recitals. The Recitals are incorporated herein.  14. Governing Law. This Agreement shall be governed by the laws of the State of North Carolina and the parties agree that the proper venue for all suits or actions related to  Agreement shall be in Caldwell County, North Carolina.  Page 8 of12  Town of Sawmills Encroachment Agreement  295578.1    15. Miscellaneous.  (a) Neither party waives any rights it may have under applicable law with respect to the subject matter in this Agreement, and no breach or non-pertormance of this Agreement shall be deemed to be waived by either party unless said breach or non-  performance is waived in writing and signed by the parties. (b) There are no third party beneficiaries to this Agreement. sO and binds the Grantee to the obligations set forth herein.  (c) The individual signing this Agreement warrants that he/she has the authority to do (d) Grantee acknowledges that records in the custody of Grantor are public records and subject to public records requests unless such records are exempt from disclosures under North Carolina law. The burden of claiming an exemption from disclosure shall rest solely with Grantee and Grantee shall comply with North Carolina law in asserting any such exemption. Grantor shall make reasonable efforts to notify Grantee of any requests made for disclosure of documents submitted under any claim of exemption from public records requests, and Grantee may take any appropriate actions, at its own (e) Nothing contained in this Agreement shall be deemed or construed sO as to (f) No elected official, agent, or employee of the Grantor shall be subject to any personal liability by reason of the execution of this Agreement. Such elected officials, agents, or employees shall be deemed to execute this Agreement in their official (g) Should any portion of this Agreement require judicial interpretation, it is agreed that the court construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any one party by reason of the rule of construction that a document is to be more strictly construed against the party who (h) This Agreement represents the entire agreement between the Parties with regard to the subject matter hereof and supersedes all prior negotiations, representations, or agreements, either written or oral, and may only be amended only by written amendment (i) In the event of conflict between the requirements oft this Agreement, the Grantor's ordinances, or the terms of any applicable construction plans, the more restrictive () The Encroachment shall not be enlarged or increased beyond that shown in any  expense, toj prevent disclosure of such material.  restrict or inhibit the Grantor's police powers or regulatory authority.  capacities only, and not ini their individual capacities.  prepared the documents.  in a writing signed by the both parties.  requirement shall apply.  individual approved construction plans.  Page 9 of12  Town of Sawmills Encroachment Agreement  295578.1    (k) Grantee binds itself, its successors, permitted assigns and legal representatives to the terms of this Agreement. This Agreement may not be assigned without the prior written consent oft the Grantor. In the event Grantee retains subcontractors to perform any activities covered by this Agreement, Grantee shall be and remain responsible for all activities and all required insurance. All entities performing the work must be North  Carolina licensed and bonded contractors.  This Space was Intentionally Left Blank. Signatures and Acknowledgments Appear on the  Following Pages.  Page 10 of12  Town of Sawmills Encroachment Agreement  295578.1    IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly  executed effective as oft the day and year written below.  THE TOWN OF SAWMILLS, al North Carolina Municipal Corporation  (Seal)  ATTEST:  Keith Warren, Mayor  Julie A. Good, Town Clerk STATE OFI NORTH CAROLINA COUNTY OF CALDWELL  I,  al Notary Public of said county and state, certify that Julie A.  Good personally came before me this day and acknowledged that she is Town Clerk ofthe Town of Sawmills, al North Carolina municipal corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was: signed in its name and by its Mayor, sealed  with its corporate seal and attested byl her as its Town Clerk. Witness my hand and notarial stamp or seal, this  day of  2024.  Notary Public  [AFFIX NOTARIAL SEAL] My Commission Expires:  Page 11 of12  Town of Sawmills Encroachment Agreement  295578.1    IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly  executed effective as oft the day and year written below.  RIPPLE By: Josha  STATE OF    PesylVan  COUNTY OPmgedNg L NANCY FMALKIP  a Notary Public of the County and State aforesaid,  certify that JESHOARUAYAN personally appeared before me this day and acknowledged that he or she is the manager for Ripple Fiber LLC, a South Carolina limited liability company, and being duly authorized to do SO, voluntarily executed the foregoing instrument for the  purposes stated therein on behalfofs said limited liability company. Witness my hand and official stamp or seal hisz-aye of Decemberr  2024.  [NOTARIAL SEAL]  LSnuLk  Notary Publie  My commission expires: elhoas  COMMONMEALTHOFP Nancy F MalkinNotary PEMASYLVANIA- Public NOTARYS SEAL My Commission Delaware Expires-10/14/2025 County Commission: # 1100867  Page 12 of12  Town of Sawmills Encroachment Agreement  295578.1    EXHIBITA  This Exhibit A contains the following general routes and proposed designs of Grantee's Telecommunications Facilities on file with the Town of Sawmills, North Carolina (the "Designs"), subject to the Sawmills Ripple Fiber Encroachment Review on file with the Town of  Sawmills, North Carolina (the Modifications"):  FDA5 FDA6 FDA7 FDA8 FDA9 FDA10  Grantee commits to incorporate the Modifications into its Designs, except where despite Grantee's best efforts to secure requested modifications ofj permits previously granted to Grantee by entities other than Grantor ("Outside Licensors"), such Outside Licensors are unwilling or unable to grant such modifications, or where the granting of such modifications is predicated on The Designs are trade secrets as defined in N.C.G.S. $ 66-152(3) and are protected from  placing unreasonable restrictions on Grantee. disclosure pursuant to N.CGSS132-1.2    AGENDAI ITEM11A  MEMO DATE: SUBJECT:  December 17,2024 Updates: Code Enforcement Monthly Report  Discussion:  The attached report shows the progress that Code Enforcement Officer Curt Willis continues to  make throughout the town. Recommendation: No Council action required.    3 a 2  -  & M 9 L 8 0  - 5 8