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100119wsa Agenda Package9:00 am 10:00 am 10:15 am 10:45 am 11 :00 am 11:30 am 12:00 pm Harnett County Board of Commissioners Work Session Tuesday, October 1, 2019 9:00 am Regional Greenway Initiative Discussion with Wake County Representatives Summerville Fire Department's request to purchase land, Larry Smith Harnett Regional Jetport Update, Barry Blevins Discuss proposed lease agreement with Wake Enterprise, Christopher Appel County Manager's Report: Clo sed session Adjourn Resolution Supporting Juvenile Crime Prevention Council Allocation Expansion Various project updates October 7, 2019 Regular Meeting Agenda Review Invitations and upcoming meetings 100119wsa HCBOC Page1 SUMMERVILLE BUNNLEVEL FIRE & RESCUE, INC. September 10, 2019 Mr. Larry Smith Emergency Services Director Harnett County Emergency Services PO Bo x 370 Lillington Delivered in Person Dear Larry, P.O. Box 1144 Lillington, NC 27546 www.summervillefire.org Summerville Bunn level Fire & Rescue Inc. is requesting the approval of the Harnett County Board of Commissioners to purchase land. The land will be used to build a new fire station to cover a portion of our district that is outside of 5 miles of our existing Summerville station. The portion of our district along the 210 North and 401 North corridors are the areas that will benefit from placement of this new sub-station. Currently, there are approximately 100 residents in the affected areas. As you are aware, r es id ents and businesses that are over 5 miles from a fire stations are not eligible for the insurance savings from our current ISO rating of a 5. We have received information from the Harnett County planning department of approximately 430 new re sidents in this 6-mile coverage area th at have been approved and are awaiting construction. The Board and Leadership of Summerville Bunnlevel Fire & Rescue Inc . feels that it is our responsibility to be proactive and to start the planning process of building a station that would bring these affected areas within 5 miles of a fire station and provide for the lowered insurance rates for both the existing and new customers . Summerville Bunnlevel Fire & Rescue Inc. has executed a signed option to purchase property located at 4043 NC Hwy 210 North of Lillin gton. We are proposing to buy all or a portion of a 3.35 acre parcel, at a price of $8,000 per acre. Summerville Bunn level Fire & Rescue Inc. has the funds to purchase this property from moneys set aside from our budget line item of Capital Reserve. At thi s time, we are awaiting Hal Owens & Associates to perform a soil and environmental test on the proposed site to ensure compliance with all local, st ate & federal regulations for proper waste disposal. Upon approval by the Harnett County Board of Summerville Station 111 East Harnett Street Lillington, North Carolina 27546 Bunnlevel Station 6825 US 401S Bunnlevel, North Carolina 28323 100119wsa HCBOC Page2 Sep tember 20, 2019 Commissioners to purchase the land and a satisfactory soils report, we will contract with Lester Stancil & Associates to survey the proposed site for a total acr eag e and to make application with Harnett County Planning Officials for rezoning the property from residential to commercial/industrial. We thank you and the Board of Commissions for considering this propos al. If there are any questions about this request, please let us know and we will provide you with the additional information. Sincerely Summerville Bunnlevel Fire & Rescue Inc. President, Board of Directors 100119wsa HCBOC Page3 100119wsa HCBOC Page4 I Connie Mack Wester, on August 27, 2019 do agree to give Summerville Bunnlevel Fire & Rescue Inc. the option to buy Parcel number :.106610025 in Harnett County North Carolina, 2.2 acres up to the total parce i amount of 3.35 acres. This option to buy is dependent on the following, approv al of the Summerville Bunnlevel Fire & Rescue Inc. Board of Directors, a :Jproval of the Harnett County Board of Commissioners, must be abie to pass a perc test by a certified soil simplest & must be able to be rezoned to Comme:·cia l or l ndustri a ! zoning. Option price of 8,000$ an acre. Sig~r J!~l/~ ~-~~ Melvin R. Yow CJ Flre Chief Summerville Bunnlevel Fire & Rescue Inc. Signed -L_ c~ /)1_ tJ._p1~- Connie M. Wester/Property Owner Witnessed ~~ Michael B. Heath Deputy Chief Summerville Bunnlevel Fire & Rescue Inc. 100119wsa HCBOC Page5 OFFER TO PURCHASE AND CONTRACT [Consult "Guidelines" (Standard Form 2G) for guidance in completing this fo1m] For vnluable consideration, the receipt aud legal sufficiency of which are hereby acknowledged, Buyer offers to purchase and Seller upon acceptance agrees to sell nnd convey the Property 011 the tenns and conditions of this Offer To Pmchase and Contract and any addendum or modification made in accordance with its terms (together the "Contract"). I. TERMS AND DEFINITIONS: The terms listed below shall have the respective meaning given them as set forth adjacent to each term. (a) "Seller": Connie Mack Wester, single (b) "Buyer": Summerville Bunnlevel Fire & Rescue, Inc. (c) "Property": The Property shall include all that real estate described below together with all appurtenances thereto including the improvements located thereon and the fixtures and personal properly listed in Paragraphs 2 and 3 below. NOTE: If the Prope11y will include a manufactured (mobile) home(s), Buyer and Seller should consider including the Manufactured (Mobile) Home provision in the Additional Provisions Addendum (Standard Form 2A 11-T) with this offer. Street Address: 4043 NC 210 N City: Ullin ton Zip: =2'-'-7~5..,_46"------- County: Harnett , North Carolina NOTE: Governmental authority over lnxes, zoning, school districts, utilities and mnil delivery may differ from nddress shown. Legal Description: (Complete ALL applicable) Pini Reference: Lot!U11it , Block/Section , Subdivision/Condominium ----------- --------------------, ns shown on Plat Book/Slide at Page(s) ____ _ The PlN/PID or other identification number of the Property is: PIO #11661 0025 {2.2 acres out of) Other description: 2 .2 acres from 3.35 acres Connie Wester Tract up to the full amount of the tract of land Some or all of the Property mny be described in Deed Book 738 at Page _2_1_5 ________ _ (d) "PUl'chase Price": $ 8k per acre $ 880.00 $ __________ _ $ _________ _ $ _______ _ $ __________ _ $ __________ _ $ 16,720.00 (approx) paid in U.S. Dollars upon the following terms: BY DUE DILIGENCE FEE made payable and delivered to Seller by the Effective Date. BY INITIAL EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph I (f) by O cash O personal check O official bank check 0 wire transfer, EITHER O with this offer OR O within five (5) days of the Effective Date of this Contract. BY (ADDITIONAL) EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph l(!) by cash or immediately available funds such as official bank check or wire transfer no later thnn , TIME BEING OF THE ESSENCE with regard to said date. BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a deed of trnst on lhe Property in accordance with the nllached Loan Assumption Addendum (Standnrd Form 2A6-T). I3Y SELLER FINANCING in accordance witl.J the attached Seller Financing Addendum (Standnrd Form 2A5-T). BY BUil.,DING DEPOSIT in accordnnce with the altached New Construction Addendum (Stnndnrd Form 2A3-T). BALANCE of the Purchase Price in cash al Settlement (some or all of which may be paid with the proceeds of a new loan). Should I3nyer fail to deliver either the Due Diligence Fee or any Initial Earnest Money Deposit by their due dates, or should any check or other funds pnid by Buyer be dishonored, for any reason, by the institution upon which the payment is drawn, Buyer shall ~ This form jointly approved by: ~ North Carolina Bal' Association Page 1 of 12 REALTOR" Nortl1 C::n-olina Asso_c iafi~n (REALTORS®, Inc. .· -r r J /J Al'! Buyer initials · 7:.;'< Mt '/ Seller initials / ./ /f/ 1 !,__) __ . __ _ I STANDARD FOR.ivl 2-T Revised 1/2015 © 1/2015 Real~· Shop& Property Manaicin, 624 NmDridg< SL Sui1e 400 /,ck>omill<. NC 285~0 Phone: (910)150-7780 fa,: (910)202-S5H Liu Dart,y Produced with zipfonnlll by ziplc,gix 18070 Fil!ccn I.Mc Road, Fraser, Michigan 46026 w1>w.zlnl.oq\>5.r.om Untitled 100119wsa HCBOC Page6 ACKNOWLEDGMENT OF RECEIPT OF MONIES Seller: Connie Mack Wester, single ("Seller'') Buyer: Summerville Bunnlevel Fire & Rescue, Inc . ("Buyer") Prope11y Address:------------------------------------("Properly") !ZJSELLER ACKNOWLEDGMENT OF RECEIPT OF DUE DILIGENCE FEE Paragraph l(d) of the Offer to Purchase and Contract between Buyer nnd Seller for the sale of the Property provides for the payment to Seller of a Due Diligence Fee in the amount of$ 880.00 , receipt of which Seller hereby acknowledges. s,11~ .&!Jr/{)() Date _________________ _ (Signature)-- Date _________________ _ Seller: --+-,,,-t ....... ~-~~.L.:;..., ~_..,__/IJ_1._...._,U-"-")~~qL!_.=~---'-:___...;_?: __ (Signature) 0ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF INITIAL EAR.J'IEST MONEY DEPOSIT Paragraph l(d) of the Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment to Escrow Agent of nn Initial Earnest Money Deposit in the amount of $ . Escrow Agent as identified in Pnragraph 1 (f) of the Offer to Purchase and Contract hereby acknowledges receipt of the Inilinl Enrnest Money Deposit and agrees to hold and disburse the same in nccordance with the terms of the Offer to Purchase and Contract. Date------------------Film:--------------------- By:------------------(Signature) (Print name) D ESCROW AGENT ACKNOWLEDGMENT OF RECEIPT OF (ADDITIONAL) EARNEST MONEY DEPOSIT Paragraph l(d) of tbe Offer to Purchase and Contract between Buyer and Seller for the sale of the Property provides for the payment lo Escrow Agent of an (Additional) Earnest Money Deposit in the amount of$ . Escrow Agent ns identified in Paragraph I (f) of the Offer to Purchase and Contract hereby acknowledges receipt of the (Addilionnl) Earnest Money Deposit and agrees to hold and di sburse the same in accordance with the terms of the Offer to Purchnse and Contract. Date _________________ _ Finn:--------------------- By:----------------------(Signature) (Print name) Page 12 of 12 STANDARD FORM 2-T Revised 1/2015 © 1/2015 Produced ,.,;lh 21pFormf9by ,;ploglx 18070 Fift een M!c Road, Froser, IA lchlgen 48026 ,w.w.,iol onlx .cqm Unlitlcd 100119wsa HCBOC Page7 ~t STATE OF NORTH CAROLINA ~~ MINERAL AND OIL AND GAS RIGHTS MANDATORY DISCLOSURE STATEMENT Instructions to Property Owners I. The Res idential Prope rty Disclosure Ac e (G.S. 47E) ("Disclosure Act'') requi res ow ne rs of cereain residenria l real estate such as single- fami ly homes, individual condominiums, cownhouscs, and ehe li ke, an d buildings with up co four dwell ing u n i cs, to furn ish purchasers a Mineral and Oil and Gas Righcs Disclosure Seatement ("Disclosure State m ent"). Th is fo rm is the only one approved for ch is purpose. 2 . A d isclosu re statemen t is nor required for some tran sac ti o ns. For a complete lis t of exe m ptions, see G .S. 47E -2 (a). A DISCLOSURE STATEMENT IS REQUIRED FOR THE TRANSFERS IDENTIFIED IN G.S. 47E-2(b), including uansfe rs involving the first sale of a dwelling neve r inhabi ted, lease with option co p urch ase contracts where the lessee occup ies or intends co occupy the dwelli ng, and transfers be tween par ries w hen both parties agree not co provid e the Resi d ential Property an d Owner's Association Disclosure Sca cemenr. 3. You must respond to each of th:: following by placing a check,/ in the appropriaee box. MINERAL AND OIL AND GAS RIGHTS DIS CLOSURE Mineral rights and/or oil and gas rights can be severed from the title to real property by conveyance (deed) of the m in eral righ ts and/or oil and gas rights from the owner or by reservation of the mineral rights and/or oil and gas rights by the owne r. If mineral rights and/or oil and gas rights are or will be severed from the property, the owner of those rights may have the perpe tual right t o drill, mine, explore, and remove any of the subsmface mineral and/or oil or gas resources o n or from the property e ither directly from the surface of the property or from a nearby location . With regard to the severance of mineral rights and/or oil and gas rights, Seller makes the following disclosures: B l/1Lni~!~ uycL@.s Ye s No N o R e presentatio n Buyer fniuals Bui!!!!& aJs Buff!!:ZaJs Bu1ff!.iials )I!(/ Buyer Initials I. Mineral rights were severed from the property by a previous owner. 2. Seller has severed the mineral rights from the property. 3 . Seller intends to sever the mineral rights from the property prior to transfer of title to the Buyer. 4. Oil and gas rights were severed from the property by a previous owner. 5. Seller has severed the oil and gas rights from tl1e property. 6. Seller intends to sever the oil and gas rights from the property prior to transfer of title to Buyer. Note to Purchasers 0 [Z] 0 0 [Z] D [Z] D [ZJ 0 D [Z] D [Z] If rhc owna docs nor give you a M in eral and Oil and Gas Rights Disclosure Scacement by che time you make your offer to purchase the properry, or exercise an option ro purchase t he property pu rsuant ro a lease wich an opeion to p u rchase, you may under ce reain condit ions cancel a ny res ul t ing coner act without pen alry co you as the purchase r. To cancel eh e contract, you must personal ly d eli ver or mail written notice of you r decisio n co cancel co the owner or the owner's agenc within th ree calendar days following yo u r receipt of this Disclosure Statemen t, or rhree calendar days following che d a ce of the contrace, whichever occurs fi rsc. Howev er, in n o evenr does che D isclosu re Ace pe r mit you co cancel a contract afte r setrlemem of t he tr ansact ion or (in the case of a sale or exchan ge) after you have occupied the property, whichever o ccurs first. Pro percy Address : 4043 NC 210 N, Lillington, NC 27546 Owner's Name(s): Connie Mack Wester Owner{s) ackno 1vledge having examined this D isclosu re Statement befo re signing a nd that all information is tme and correct ns of the date signed. X/~ . :fl ~ , ~ O wner Sign ature : ..L.A.. L_ /}!~ ,:=A( k(i)1,11,-<,R 1n . Owner Sign ature: Dace , __ Purchaser(s) acknowledge receipt of a copy of this Disclosu re Statement; tha t they have examined it before sign ing; that they understand that this is not a wanm1ty by owner or owner 's agent; and that the representations are made by the owner and not the owner's agent(s) or subagent(s). 0~ , /) OJ P u rchaser Signature:---.!.~ -I / ~¥ ~~ Dace Purchaser Signacure: ___________________________ Dace ____ , __ REC 4.25 I/J/15 100119wsa HCBOC Page8 NORTH CAROLINA HARNETT COUNTY LEASE AGREEMENT THIS LEASE AGREEMENT ("Lease"), made and entered into this _ day of _______ 2019, by and between Wake Enterprises, Inc., a private nonprofit corporation (hereinafter referred to as "LESSEE") and the County of Harnett, a body politic and political subdivision of the State of North Carolina, (hereinafter referred to as "LESSOR") WHEREAS , LESSEE, on behalf of ARC of Hamett County, provides meaningful, age appropriate activities , training, and support services for previously unserved and underserved adult residents of Hamett County with Intellectual and Developmental Disabilities ("IDD"); and WHEREAS, LESSEE desires to lease space at the property owned by LESSOR, to wit, the building located at 200 Alexander Drive, Lillington, North Carolina for an initial term of one ( 1) year; and WHEREAS , LESSOR and LESSEE desire to enter into this Lease for the purpose of setting forth the respective rights, obligations, and duties of each party. NOW, THEREFORE, in consideration of the above-stated desires of the parties and such other mutual promises and covenants as are set forth below, LESSOR and LESSEE agree as follows: 1. Premises. LESSOR shall lease to LESSEE and LESSEE shall lease from LESSOR rooms 121 and 143 in the building located at 200 Alexander Drive, Lillington, North Carolina (hereinafter referred to as the "Premises"). A map showing the exact locations of the leased rooms is attached as Exhibit A and incorporated into this Lease by reference. In no event does LESSOR grant any interest in any property for which LESSOR is not the record owner. The Premises are leased for the express purpose of allowing LESSEE to conduct its education, training, and support activities and services. In addition to the leased Premises, LESSEE shall have access to the shared spaces, rooms, bathrooms, kitchen, and parking lots located on the property. LESSEE acknowledges that parking spaces are not reserved for LESSEE 's operations under this Lease and that LESSOR cannot guarantee sufficient parking for LESSEE's operations and programs. 2. Term . The term of this Lease (the "Initial Term") shall commence upon execution of this Lease by both parties ("Commencement Date") and terminate on September 30, 2020. Upon the mutual written agreement of both parties, this Lease may be renewed for three additional three-year terms on the same terms and conditions. If the LESSEE has fully complied with all of the provisions of this Lease during the Initial Term, LESSEE and LESSOR shall convene a meeting at least 90 days prior to the end of the Initial Term to discuss the possible terms of a new lease. In no event shall the term and renewal provisions stated in this paragraph extend this Lease beyond a 10-year term limit. 1 100119wsa HCBOC Page9 3. Rent. The rent for the Initial Term of the Lease and any renewals thereof shall be $1.00 per year. LESSEE shall also pay for all improvements required to ensure that the Premises are safe for the provision ofLESSEE's operations during the Term of this Lease. Upon the termination of this Lease, title to all improvements to the Premises, except for LESSEE 's personal property, shall be automatically transferred to LESSOR. LESSOR and LESSEE agree that LESSEE shall not be entitled to any compensation or reimbursement from LESSOR for any repairs , maintenance, construction costs, or any other expenses LESSEE incurs as a result of LESSEE's use or lease of the Premises . 4. Funding. Funding for LESSEE's operations will be provided in accordance with an agreement between Sandhills Center and LESSEE. County shall have no obligation to provide any funding to support LESSEE's operations and shall have no other obligations that are not included in this Lease unless agreed upon to in a written amendment to this Lease or in another written agreement between the parties. LESSOR, however, will work with LESSEE to provide access to LESSOR's parks and recreation facilities, libraries, and other community resources for LESSEE's education, training, and support activities and services for Harnett County residents with IDD. 5. Title and Quiet Possession. LESSOR represents and covenants that LESSOR owns the Premises in fee simple except as set out in matters of record. LESSEE assumes the burden of conducting a title search or other investigation to its satisfaction. LESSOR represents and warrants to LESSE that LESSOR has the full right to make this Lease and that LESSEE shall have quiet and peaceful possession of the Premises throughout the term of this Lease except when the Premises is needed as an alternative court facility pursuant to Sections 6, 7, 8, and 9 of this Lease. 6. Notice of Premises as Alternative Court Facility. LESSEE, by execution of this Lease, is hereby on notice the Premises is considered by LESSOR to be an alternative court facility where , in case of emergency, the Premises may be needed to conduct essential and official operations of the General Court of Justice. Those essential and official operations that cannot be reasonably delay may include, by way of example only, preliminary proceedings in criminal cases , receipt and processing of papers and money by the Clerk, and conduct of time-critical proceedings in juvenile, commitment, domestic violence, and other civil or criminal cases. Such use of the Premises as an alternative court facility shall not be deemed as a breach of this Lease and LESSEE shall not be entitled to any compensation from LESSOR for the loss of use of the Premises for its operations. 7. Initiation of Use of Alternative Court Facility. Use of the Premises as an alternative court facility will go into effect in any emergency situation at such time as the Senior Resident Superior Court Judge may order, after consulting with the County Manager, Sheriff, Chief District Court Judge, Clerk of Superior Court, District Attorney, Public 2 100119wsa HCBOC Page10 Defender, and any other Court, County, or State Officials the Senior Resident Superior Court Judge deems necessary. Examples of emergency situations include, but are not limited to , fire, flood, storm, wind, or water damage, extended loss of power or other utilities necessary for safe and proper use of the courthouse, pandemic influenza, or other health emergency, acts of terrorism or vandalism making the courthouse unusable for an extended period, serious safety or health conditions affecting the courthouse, or toxic chemical releases that require evacuation or the courthouse for an extended period. 8. Obligations of LESSEE When Premises are Required as Alternative Court Facility. If such an emergency should occur that requires the Premises to be used as an alternative court facility, LESSSEE should immediately cease operations, remove all personal property from the Premises, and vacate the facility. Once the Premises are no longer required as an alternative court facility, LESSEE may return to the Premises and continue operations. 9. Times and Duration of Use as an Alternative Court Facility. LESSOR may use and occupy the alternative court facility 24 hours a day as needed. Use of the Premises by LESSOR as an alternative court facility will not extend more than sixty (60) days, except that additional periods of up to sixty (60) days each may be ordered by the Senior Resident Superior Court Judge after consulting with the County Manager, Sheriff, Chief District Court Judge, Clerk of Superior Court, District Attorney, Public Defender, and any other Court, County, or State Officials the Senior Resident Superior Court Judge deems necessary. 10. Title Insurance. LESSEE, at LESSEE's option and expense, may obtain title insurance on the Premises. 11 . No Waste or Nuisance. During the term of this Lease, LESSEE shall comply with all applicable Laws affecting the Premises, the breach of which might result in any penalty on LESSOR or forfeiture LESSOR's title to the Premises. LESSEE shall obtain any necessary governmental licenses or authorization required for the provision of LESSEE's operations and shall furnish copies of same to LESSOR if requested. LESSOR shall reasonably cooperate with LESSEE's efforts to obtain necessary licenses and authorizations. 12. Assignment and Subleasing. LESSEE may not sublet the Premises in whole or in part without LESSOR'S consent, and the making of any such sublease shall not release LESSEE from, or otherwise affect in any manner, any of LESSEE 's obligations hereunder. LESSEE shall not assign or transfer this Lease, or any interest herein, without the prior written consent of LESSOR, and a consent to an assignment shall not be deemed to be a consent to any subsequent assignment. In the event LESSOR should transfer its interest in the Premises, LESSOR shall have no further duties or obligations hereunder provided that the transferee agrees to assume all of the duties and obligations imposed 3 100119wsa HCBOC Page11 hereunder on LESSOR and upon such third party's assignment not to amend, modify, or change in any manner whatsoever LESSEE's rights and obligations hereunder. Upon such a transfer, LESSEE shall, for all purposes expressed herein and incidental hereto, accept such transferee as its LESSOR hereunder. LESSOR may assign any or all rights, duties, and obligations created hereunder without the consent of LESSEE, provided such third party agrees not to amend, modify, or change in any manner whatsoever LESSEE's rights and obligations hereunder and assumes without modification LESSOR's rights and obligations hereunder. In all other circumstances, LESSOR shall first have obtained the written consent of LESSEE, which consent shall not be unreasonably withheld. 13. Notices. Any notice, report, statement, approval, consent, designation, demand, or request to be given, and any election to be exercised by a party under the provisions of this Lease shall be deemed to be given and received three days when made in writing and sent by United States certified or registered mail, postage prepaid, to the other party at the applicable address set forth below: LESSOR: LESSEE: Paula Stewart County Manager Post Office Box 759 Lillington, North Carolina 27546 With copy to: Senior Staff Attorney Post Office Box 238 Lillington, North Carolina 27546 Walter T. Weeks, Jr. Executive Director Emeritus 3548 Bush Street Raleigh, North Carolina 27609 14. Condition of Premises. LESSEE acknowledges that LESSOR does not warrant that the Premises will be in a condition that would be safe for the provision of any of LESSEE's activities. LESSEE shall be solely responsible for maintaining the Premises in a safe and secure condition at all times that LESSEE occupies the Premises . LESSEE shall indemnify, hold harmless, and release LESSOR from any and all claims related to the condition and suitability of the Premises for LESSEE's use. 4 100119wsa HCBOC Page12 15. Maintenance of the Premises. LESSOR shall be responsible for the general maintenance of the Premises including, but not limited to, the roof, flooring, stairs, HV AC, electrical, fire extinguishers, windows, pest control, plumbing, parking areas, landscaping, exterior and interior walls, exterior and interior lights, sidewalks, and foundation. LESSOR shall not be responsible for the janitorial duties of the Premises and the repairs and maintenance of any improvements, fixtures, and equipment installed by LESSEE. 16. LESSEE Damage. LESSEE shall be responsible for the costs to replace or repair any damage caused to the Premises or grounds by the negligence or willful misconduct of LESSEE, its agents , employees, volunteers, members, invitees and members and volunteers of ARC of Hamett County. LESSEE shall reimburse LESSOR for the costs of to replace or repair any such damage within 30 days upon written demand by LESSOR. 17 . Damage or Defect. LESSEE agrees to notify LESSOR immediately upon discovery of any damage or defect in need of repair to the Premises pursuant to Sections 15 and 16 of this Lease. If the damage or defect does not result from the negligence or willful misconduct of LESSEE, its agents, employees, volunteers, members, invitees, and members and volunteers of ARC of Harnett County and is a repair obligation incurred by Lessor pursuant to Section 10 of this Lease, repair of the damage or defect shall be made by LESSOR at LESSOR's expense. 18. LESSEE Improvements. LESSEE shall have the right, at its sole expense, to make such improvements on the Premises as it may deem necessary, including any improvements necessary for LESSEE's operations, with the prior written approval of LESSOR. LESSOR's approval shall not be unreasonably withheld. LESSEE shall be solely responsible for the cost of any required work and shall ensure that all improvements comply with applicable codes, regulations, and requirements. However, LESSEE shall not destroy, remove, or make any improvements or changes to the Premises which would adversely impact the market value of the Premises or LESSOR's ability to use the Premises upon the termination of this Lease without the prior written permission of the LESSOR. LESSEE shall also reimburse LESSOR for the costs of improvements installed by LESSOR at LESSEE's request. During the term of this Lease, LESSEE shall maintain the Premises in a safe, clean, and neat condition. Upon termination of this Lease, LESSOR shall take possession and ownership of all improvements to the Premises, except for LESSEE 's personal property. LESSOR may inspect any installation or other work performed on the Premises. To the extent that any repairs or changes are occasioned by (a) the acts of LESSEE, its agents, servants, employees, contractors, invitees, or members and volunteers of ARC of Harnett County; (b) a defect or malfunction in LESSEE's equipment or any attachments thereto; ( c) a safety hazard, or violation of any applicable statute, rule , regulation, order, 5 100119wsa HCBOC Page13 directive, or standard relating thereto, in or caused by LESSEE's property; ( d) any changes or improvements to the Premises requested or made by LESSEE; or ( e) any violation or breach of any provision ofthis Lease by LESSEE or anyone acting under it; then LESSOR may make any required repairs at the expense of LESSEE. LESSEE shall reimburse LESSOR within 30 days upon written demand for any such expenses incurred by LESSOR. 19. Right of Entry. LESSOR may enter the Premises immediately, and without notice to LESSEE in the event of emergency repairs to the Premises. In all other circumstances, LESSOR may enter the Premises for inspection, repair, alteration, or improvement of the Premises, but will provide LESSEE with 24 hours' notice of its intention to enter the Premises, and will not interfere with LESSEE's business operations during entry of the Premises. 20. Operating Expense. LESSOR shall provide internet service to LESSEE at no cost to LESSEE. LESSEE shall be responsible for arranging for the installation and operation of phone service, security systems in the Premises, and other such services required for the use of the Premises by LESSEE and shall pay directly to the supplier thereof all charges, fees, or assessments for installation, connection, operation, and use of such services. Prior to installation of any such services, LESSEE shall obtain the written approval of LESSOR, which approval shall not be unreasonably withheld. If LESSEE installs any security equipment in the Premises, LESSEE shall provide LESSOR with access codes and/or provide for immediate entry to the Premises to enable LESSOR to meet its maintenance and repair obligations set forth in Sections 15 and 19 of this Lease. LESSEE shall fully and promptly pay for all services furnished to the Premises and used by LESSEE throughout the term of this Lease, and all other costs and expenses of every kind whatsoever in connection with the use, operation, and maintenance of the Premises and all activities conducted thereon, with the exception of LESSOR's utilities obligations set forth in Section 21 of this Lease. 21 . Utilities. LESSOR shall be responsible for the costs of electricity, gas, sewer, water, and trash collection for the Premises. LESSEE shall carry all trash to designated receptacles located outside of the Premises for trash collection by LESSOR. 22. Signage. LESSEE is permitted to place or display on exterior doors, walls, windows, or other locations designated by LESSOR a sign that can be easily removed to advertise its business , provided LESSEE obtains the prior written consent of LESSOR, which consent shall not be unreasonably withheld. LESSEE agrees that any such signs placed on a door, wall, or window shall not be painted but shall be in the form of a decal or other easily removable form. LESSEE is responsible for removing all signs and displays upon termination of this Lease. All signs shall be in compliance with any applicable laws, ordinances, and codes. 23. LESSEE's Performance and Surrender. LESSEE shall comply with all rules, 6 100119wsa HCBOC Page14 regulations , and laws governing the provision of instructional and community services in North Carolina at all times during the term of this Lease. LESSEE shall pay the rent and all other sums required to be paid by LESSEE hereunder in the amounts, at all times, and in the manner herein provided, and shall keep and perform all terms and conditions hereof on its part to be kept and performed, and at the expiration or sooner termination of this Lease all improvements to the Premises, except for LESSEE's personal property, shall become the property of LESSOR. 24. Securing the Premises and Entrances. LESSEE shall be responsible for securing all doors and entrances to the Premises. LESSEE shall also be responsible for securing all entrances and exits to the building and for setting the security alarm if LESSEE is the last tenant in the building at the close of business . 25. Government Compliance. LESSEE shall conduct its operations in compliance with all governmental laws and regulations, including all applicable local, state and federal rules and regulations. 26. Indemnity. LESSEE shall indemnify and hold LESSOR harmless from and against any and all losses , liabilities, claims, lawsuits, judgments, and demands whatsoever (including reimbursement ofreasonable legal fees and costs) which may arise out of or be caused by any act or omission or intentional wrongdoing of LESSEE or its agents, employees, invitees, or contractors, or which may arise out of or be caused by the maintenance, presence, use, location or removal of any equipment, system, or other property owned or operated by LESSEE or its agents, employees, or contractors. LESSEE hereby assumes the risk of the inability to provide its operations as a result of any reason whatsoever and agrees to indemnify and hold LESSOR harmless from all damages and costs of defending any claim or suit for damages of any kind including business interruption (and attorneys' fees) asserted against LESSOR by reason of such failure. LESSOR shall not be responsible for any damage to LESSEE's property, business, agents, employees, or invitees regardless of the cause of the damage. 27. Events of Default, Termination. If LESSEE vacates or abandons the Premises or fails to perform any other act or obligation as set forth in this Lease and for a period of thirty (30) days following notice from LESSOR of such default fails to cure or commence appropriate action to cure such default, LESSOR may terminate this Lease. LESSOR may also terminate this Lease if state, federal, or local agency establishes any condition(s) for occupancy of the Premises which LESSEE fails or refuses to perform. No such termination of this Lease shall relieve LESSEE of its indemnification obligations and any previously accrued liability and obligations under this Lease and all such liability and obligations shall survive any such termination. a) Upon termination or expiration of this Lease, LESSEE will surrender the Premises to LESSOR in as good condition as existed at the commencement of the Lease except for reasonable wear and tear and in accordance with the terms of this Lease, or for damage due to causes beyond LESSEE'S control and without its 7 100119wsa HCBOC Page15 fault or negligence, or for damage, howsoever caused, to the extent LESSOR shall have been compensated for such damage by insurance. b) Upon any termination or expiration of this Lease, LESSEE shall promptly remove its equipment from the Premises without damage to the property of LESSOR in accordance with the terms of this Lease. During the period of removal of its equipment, LESSEE'S right and obligations with respect to access to the Premises shall be the same as those during the period that this Lease is in effect, and until the completion of the removal of all such equipment. c) If any persona] property owned by LESSEE shall not have been removed from the Premises within 30 days following the termination or expiration of this Lease, LESSOR shall have the right to sell the property in accordance with the North Carolina General Statutes and apply the proceeds of the sale to any amounts LESSEE owes to LESSOR under this Lease, or retain LESSEE's property, granting LESSEE's credit for the reasonable value of the property against any amounts LESSEE owes to LESSOR. d) LESSOR's failure to enforce or insist upon compliance with any of the terms or conditions of this Lease shall not constitute a waiver or relinquishment by LESSOR of any of such terms or conditions. No declaration of default by LESSOR under any provision of this Lease shall be deemed to impair or diminish LESSOR's rights against LESSEE for any breach of this Lease. e) LESSEE may terminate this Lease upon 30 days written notice to LESSOR if program needs for space change, changes in funding , or upon LESSOR's use of the Premises as an alternative court facility. f) Either party may terminate this Lease, without cause, upon one (1) year written notice to the other party. 28. Condemnation. If the whole of the Premises, or such portion thereof as will make the Premises unusable for the purposes herein leased, is condemned by any legally constituted public authority, then this Lease, and the term hereby granted, shall cease from the time when possession thereof is taken by the public authority. Any lesser condemnation shall in no way affect the respective rights and obligations of LESSOR and LESSEE hereunder. However, nothing in this paragraph shall be construed to limit or adversely affect LESSEE's right to an award of compensation from any condemnation proceeding for the taking of LESSEE's leasehold interest hereunder or for the taking of LESSEE's improvements, fixtures , equipment, and personal property. The provisions of this Lease governing LESSEE improvements and their removal shall be applicable should termination occur due to condemnation. 29. Binding on Successors. The covenants and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators, and assigns of the parties hereto. 8 100119wsa HCBOC Page16 30 . Access to Premises. LESSEE and its officers, employees, agents, contractors and invitees shall have full access 24 hours per day, seven (7) days per week to the Premises during the term of this Lease. 31. Governing Law and Venue. This Lease shall be governed and construed in accordance with the laws of the State of North Carolina. Any action or proceeding arising under this Lease shall be filed and heard in the Superior Court of Harnett County. 32. Entire Agreement. This Lease reflects the entire agreement between LESSOR and LESSEE with respect to the Premises and shall supersede all prior understandings and agreements relating to the subject matter hereof and may be amended only by written mutual agreement of the parties. 33. No Waiver. In the event that either party fails to enforce any obligation of the other party under this Lease when performance is due, such delay or failure to enforce shall not constitute a waiver of its right to seek full performance at any future time. 34 . Mechanic's Liens. LESSEE will not cause any mechanic's or materialman's lien to be placed on the Premises, and LESSEE agrees to indemnify, defend, and hold harmless LESSOR from any such lien from a party claiming by, through or under LESSEE. If any such claim of lien is placed on the Premises, LESSEE shall, within 30 days thereafter regardless of whether or not it contests the validity of the claim upon which such lien is based , post such bonds or take such other steps as may be necessary to remove such lien. 35. Headings. The headings of sections and subsections are for convenient reference only and shall not be deemed to limit, construe, affect, modify , or alter the meaning of such sections or subsections. 36. Severability. Any provision of this Lease that is legally invalid, void , or unenforceable shall in no way affect, impair, or invalidate any other provision hereof, and the other provisions shall remain in full force and effect. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 9 100119wsa HCBOC Page17 IN WITNESS WHEREOF, LESSOR and LESSEE have hereunto set their hands and seal on this Lease Agreement the day and year first above written. LESSEE: WAKE ENTERPRISES, INC. Printed Name: ----------- Title: -------------- LESSOR: COUNTY OF HARNETT Gordon Springle, Chairman Harnett County Board of Commissioners ATTEST: Margaret Regina Wheeler, Clerk 10 100119wsa HCBOC Page18 NORTH CAROLINA COUNTY OF --------- I, , a Notary Public of the County and State aforesaid, do hereby certify that , personally appeared before me this day and acknowledged that he/she is of the Wake Enterprises, Inc. and that by authority duly given and as an act of the corporation, the foregoing instrument was signed on behalf of the corporation. Witness my hand and notarial seal this_ day of _______ , 2019. My Commission Expires: NORTH CAROLINA HARNETT COUNTY Notary Public I, , a Notary Public in and for the aforesaid State and County, certify that Gordon Springle, personally appeared before me this day who being by me duly sworn, deposes and says that he is the Chairman of the Harnett County Board of Commissioners and Margaret Regina Wheeler is the Clerk of said Board; that the seal affixed to the foregoing instrument is the official seal of Harnett County; that said instrument was signed by him, attested by said Clerk and the County's seal affixed thereto, all by authority of the Board of Commissioners of said County, and the said Gordon Springle acknowledged said instrument to be the act and deed of Hamett County. Witness my hand and notarial seal this __ day of ______ , 2019. Notary Public My Commission Expires: ______ _ 11 100119wsa HCBOC Page19 Harnett County Board of Commissioners Resolution Supporting Juvenile Crime Prevention Council Allocation Expansion WHEREAS, Juvenile Crime Prevention Council (JCPC) funding is a partnership between the State of North Carolina and the County to ensure a local continuum of services for court involved and at-risk juveniles; and, WHEREAS, the Juvenile Crime Prevention Council , under the authority ofNCGS§ l 43B-85 l , and within the scope of its powers and duties , "Each County Council shall annually review the needs of juveniles in the county who are at risk of delinquency or who have been adjudicated undisciplined or delinquent and the resources available to address those needs . In particular, each County Council shall assess the needs of juveniles in the county who are at risk or who have been associated with gangs or gang activity, and the local resources that are established to address those needs," and, WHEREAS, the Juvenile Justice Reinvestment Act passed in 2017, also referenced as North Carolina's Raise the Age legislation, expands the age of juvenile jurisdiction, increasing it to include juveniles ages 16 and 17 years of age effective December 1, 2019; and, WHEREAS, Rai se the Age legislation al so encourages the formulation of School Justice Partnerships to address the reduction of school-based juvenile complaints; and , WHEREAS, Rai se the Age legi s lati o n will increase th e ne e d for immediate and age-appropriate sanctions and diversion services for juvenile offenders and those at-risk of delinquency; and, WHEREAS, JC PC funding has seen no increase in more than nine y ears; and , WHEREAS, the effort to immedi a tely and effectively address juvenile offending behavior is an evidence-based inve stment in North Carolina's future ; NOW, THEREFORE BE IT RESOLVED, that the Hamett County Board of Commiss ioners fully s upports an adequate and timely increase of local Juvenile Crime Prevention funding to en s ure program expans ion and successful implementation of the Juvenile Justice Reinve stment Act Raise the Age L e gi s lati on, set for December l , 2019. Adopted this __ day of ______ 2018. C ha irman C lerk to the Board 100119wsa HCBOC Page20 Information and Talking Points for Juvenile Crime Prevention Councils and Community-Based JCPC-funded Programs Community based programs funded through Juvenile Crime Prevention Councils: • Represent a tradition of partnership between the State of North Carolina and counties that began in 1977 as Community Based Alternatives to provide prevention and intervention services to delinquent and at-risk youth in our communities and in all 100 counties in our state. • Annually serve over 20,000 youth and families , preventing the vast majority from penetration or deeper penetration of the juvenile justice system . • Greatly reduce the need for additional funding of institutions. Consider this , if only 1% of the youth served in Juvenile Crime Prevention Council (JCPC) funded programs are kept out of Youth Development Centers , the cost saved in institutional expenditures far exceeds the current JCPC allocation (almost $22 million dollars). The average cost to serve a youth in a Youth Development Center in FY 2016-2017 was $139,434 , and in a Juvenile Crime Prevention funded community program , the average DJJ cost per child served was $996.20 . (JCPC Special Provision Legislative Report, February 1, 2018) • Provide intermediate sanctions and early intervention programs that have helped make possible the 86.25% reduction in youth served by Youth Development Centers since 1998. The care of these youth has been shifted to the communities without any increase in funding . TRENDS IN YDC COMMITMENTS FROM 1998 TO 2017 1400 1 zoo 1,000 800 600 440 330 zoo ...... 187 G ~~~~###~~#~~~~~~~~~~ • JCPC funded programs generate a large percentage of their annual operating budgets from sources other than state juvenile justice funds (including county match , local in-kind , other local funds/donations , and federal sources). Statewide, JCPC programs leverage over $14 .3 million in funding from other revenue sources statewide, which represents 40% of total revenues used to support JCPC funded programm ing across the state. • Juvenile Crime Prevention Councils represent the diversity of the community , though they are legislatively prescribed members . Their charge is to facilitate collaboration and provide a un ified response to County Commission boards , guiding and recommending services to bu ild a local continuum of services to meet the unique , local needs of juveniles . • Program impacts effect the youth holistically, with reduction of problem behaviors in the home and school , increase in academic skills and performance, and reduction of delinquency. JCPC programming often supports specialized services such as substance abuse, sexual offender assessment and treatment services. 100119wsa HCBOC Page21 Raise the Age: • On December 1, 2019, the Raise the Age legislation of the Juvenile Justice Reinvestment Act will go into effect. The age of juvenile jurisdiction will rise to 18 at this time, in the middle of Fiscal Year 2019-2020. Youth Populatio n -Allo cation Tre nd s 1.080,000 $23 . .!00,000 1,06-0,000 S25 W0,000 1,040,000 5~3 .000,000 1,020,000 $22,800,000 1,000,000 $~2 600,000 S2:'.,40C.OOO 980,000 I 522 200,000 960,000 I --52~ 000,000 940,000 $21,800,000 920,000 521.500.000 900,000 521.~00.000 FY07· FYOS· FY09· FY10-FY11· FY12· FY13· FY14-FYlS· FY16· 08 09 10 11 12 13 14 15 16 17 -Youth PopulationAgesl0-17 -AnnuatA l!ocaton • The current North Carolina JCPC Allocation is $21,984,234. The graph above shows the total youth population between ages 10 to 17, compared to the annual JCPC allocation. While there has been a decrease in juveniles at intake and subsequent juvenile court direct referrals to JCPC programs that were primarily targeting court involved juveniles, there is an overall increase in the state's youth population. In an effort to continue to effectively implement the Comprehensive Strategy Framework, programs and strategies that conform to the legislative requirement for dispositional alternatives have seen a reduction in juvenile court involved youth referred statewide , as the number of juveniles at intake has decreased over the past several years. This is an encouraging trend, but there will most certainly be an increase in juveniles under the jurisdiction of juvenile court when Raise the Age is fully implemented, and JCPC programs need to be adequately funded in order to be fully prepared. • The behaviors that result in juvenile complaints still persist. So , if North Carolina is to continue its success in diverting juveniles away from the justice system after Raise the Age takes effect on December 1, 2019, community-based programs will need the following to address and redirect those behaviors: • Expansion to be able to accommodate an older population • Expansion to assist local districts with School Justice Partnership initiatives , which is also an element of the Raise the Age legislation • Applicable training • Age-appropriate services and curriculum resources • Without a correlating increase in JCPC funding to serve the additional youth with evidence-based approaches, seamless implementation will be improbable, as training and staffing resources have been weakened over the years by stagnant funding. There has been no increase in JCPC funding awarded by the General Assembly for over nine years. • North Carolina 's Raise the Age legislation will take effect on December 1, 2019, raising the age of juvenile jurisdiction from age 16 to age 18 . This change will take effect in the middle of Fiscal Year 2019-2020. • JCPCs will need to strategically prepare for the possibility of expansion funding in a mid-year funding cycle . Area Consultants will be working closely with JCPCs to devise a two-tiered planning process , to ensure that new expansion funding can be immediately utilized to begin program expansions , based on the local annual planning process . A thorough examination of locally projected increase in allocation funding needs will become the basis for supporting the statewide expansion request. Ideally, a JCPC allocation increase/expansion should be introduced by July 1 , 2019, to support the development of needed services. JCPCs operate under legislative and adm inistrative code constraints and are compelled to follow rigorous RFP and funding processes before funding is awarded . 100119wsa HCBOC Page22