HomeMy WebLinkAbout081715a Agenda PackageHARNETT COUNTY BOARD OF COMMISSIONERS
County Administration Building
102 East Front Street
Lillington, North Carolina
Regular Meeting
August 17, 2015 7:00pm
1. Call to order-Chairman Jim Burgin
2. Pledge of Allegiance and Invocation-Commissioner Abe Elmore
3. Consider additions and deletions to the published agenda
4. Consent Agenda
A. Budget Amendments
B. Tax refunds, rebates and release
C. Harnett County Board of Commissioners authorizes, empowers and commands the
Tax Administrator to collect the taxes set forth in the tax records filed in the office of
Harnett County and in the tax receipts herewith delivered to the Tax Administrator, in
the amounts and from the taxpayers likewise therein set forth.
D. Harnett County Library requests approval of a change in the Libraries' Gift Policy.
The State Library Consultant recommended the addition of non-discrimination
language into the policy similar to what is used in the State Statutes for the provision
ofPublic Library Service.
E. Harnett County Tax Department requests approval to reclassify their current vacant
position of Chief Appraisal, Grade 74, to the position of Deputy Tax
Administrator/Real Property Supervisor, Grade 76. The purpose of this request is to
merge all appraisal functions under one direct supervisor to avoid any confusion as to
who is in charge of various appraisal duties and to establish a clear cut second in
charge position to assist and fill in for the Administrator as needed. This
reclassification could be covered by the Tax Department's current budget.
F. Harnett County Emergency Services, on behalf of Benhaven Emergency Services
(BES), requests approval of an amendment to their 2015/2016 budget as they seek to
replace line three (3) of their capital outlay request with the purchase of a 2015
Tanker/Water Tender to be financed over 5-7 years, not to exceed $250,000. BES
wishes to purchase a new tanker in order to meet minimum requirements to lower
their 9S insurance rating throughout the fire protection service district.
G. Harnett County Department of Social Services requests approval of funding for four
additional positions.
H. Resolution of Appreciation and Commendation to Miss North Carolina Kate Peacock
5. Special Presentations to Miss North Carolina Kate Peacock
6. Period of up to 30 minutes for informal comments allowing 3 minutes for each presentation
7. Appointments
Page 1
081715a HC BOC Page 1
8. Discussion and consideration of Hold Harmless Purchase Agreement with Harnett Forward
Together Committee
9. Annual Presentation by the Sandhills Antique Farm Equipment Club
10. County Manager's Report-Joseph Jeffries, County Manager
-Veteran Affairs Activities Report-July 2015
-Public Health Activities Summary-June 2015
-Harnett County Planning Services Report-June 2015
-Harnett County Public Utilities Reports
-Interdepartmental budget amendments
11. New Business
12. Closed Session
13. Adjourn
Page2
081715a HC BOC Page 2
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Govern'ng Boord of the County of Ha'nett, North Carolina, tho! the fol:owing amendme,-,t be
rrode lc the onnJO budget ord1nonce for the fiscal year ending ~une 30, 2016:
Section 1. To amend the School Project CP1502 Fund 309 QSCB Roofing Project, the appropriations are to be
changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
309-8300-480-32-02 Triton Hioh School $29,534
309-8300-480-32-06 Star Academy $15,000
309-8300-480-32-66 Harnett Central Middle School $_15,166
309-8300-480-32-91 North Harnett Primary $4,790
309-8300-480-32-91 North Hornet! PrimaiY $140.000
309-8300-480-32-93 Overhills Middle School $10,377
309-8300-480-32-94 South Harnett Elementary School $236.350
309-8300-480-32-9 4 SoJth Harnett Elementary School $84,139
309-8300-480-36-06 Overhills Hiah School $25,543
309-8300-480-36-08 Harnett Central High School $22,564
309-8300-480-36-09 Western Harnett Hiqh School $22,564
309-8300-480-45-30 Enqineerinq $101.216
309-8300-480-45-80 Continoencv $476.031
309-8300-480-32-97 Westerr. Harnett $28,780
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
Explanation: To budget funds for Fire Alarm Panel Replacements. Old HVAC Controls. Remove and
replace old AC windov" units.Budget LED Lighting at various schools.
APPROVALS:
9+-tftftr=
County Manager (date)
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board. and to the Budget
Officer and the Finance Officer for their direction.
Adopted ------------------------------------
Margaret Regina Wheeler
C:erk to the Board
Jim Burgin. Chairman
Harnett County Board of Comm
081715a HC BOC Page 3
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2016:
Section 1. To amend the General Fund, Cooperative Extension Adolescent Parenting Program, the
appropriations are to be changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-7319-465.11-00 Salaries & Wages 3493
110-7319-465.21-00 Group Insurance 587
110-7319-465.21-05 Employee Clinic 25
110-7319-465.22-00 FICA 265
110-7319-465.23-00 Regular retirement 247
110-7319-465.23-01 Supplemental Retirement 70
110-7319-465.25-10 Unemployment 18
110-7319-465.32-26 Incentives 287
110-7319-465.58-14 Travel 2037
110-7319-465.60-33 Material & Supplies 2695
110-7319-465.60-4 7 Food & Provisions 3083
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-0000-331-73-19 Revenue-Adolescent Parenting Program 3397
EXPLANATION: To increase revenue and operating budget for 2015-2016 Adolescent Parenting Program and to
make adjustment to offset difference in county and contract year.
APPROVA :
0 ~:2 (date) 47 fs County Manager (date)
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the
Budget Officer and the Finance Officer for their direction.
Adopted this
Margaret Regina Wheeler
Clerk to the Board
day of
Jim Burgin, Chairman
Harnett County Board of Commissioners
081715a HC BOC Page 4
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2016:
Section 1. To amend the General Fund, Sheriff's Department, the appropriations are to be changed as
follows·
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-5100-420-11-00 Salaries & Wages 421,530
110-5100-420-21-00 Group Insurance Expense 64,641
110-5100-420-21-05 Insurance Expense-Employee Clinic 3,025
110-5100-420-22-00 FICA Tax Expense 31,112
110-5100-420-23-02 LEO Retirement 30,350
110-5100-420-23-05 LEO Supplemental Retirement 21,076
110-5100-420-25-10 Unemployment Benefits 4,215
110-5100-420-26-08 Worker's Compensation 16,598
110-5100-420-11-14 Longevity 4,707
110-5115-420-11-00 Salaries & Wages 421,530
110-5115-420-21-00 Group Insurance Expense 64,641
110-5115-420-21-05 Insurance Expense-Employee Clinic 3,025
110-5115-420-22-00 FICA Tax Expense 31,112
110-5115-420-23-02 LEO Retirement 30,350
110-5115-420-23-05 LEO Supplemental Retirement 21,076
110-5115-420-25-10 Unemployment Benefits 4,215
110-5115-420-26-08 Worker's Compensation 16,598
110-5115-420-11-14 Longevity 4,707
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-0000-356-40-00 Board of Educations-Resource Officers 7,254
EXPlANATION:
To set up the SRO Budget for fiscal year 2015/2016. This will establish 11 months of the budget year for the
existing SRO positions.
APPROVAlS:
~ '\ " \ ·. \ '· <:?;7 ) L\\Cw\=:\CN. ~, l\ ;·; l5
Department Head (date) ate) 1 l' a
e)l tD l
Section 2. Copies of this budget amendment shall be furnish d to the Clerk to the Board, and to the
Budget Officer and the Finance Officer for their direction.
Adopted this day of , 2015.
Margaret Regina Wheeler,
Interim Clerk to the Board
Jim Burgin, Chairman
Harnett County Board of Commissioners
081715a HC BOC Page 5
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2016:
Section 1. To amend the General Fund, Sheriff's Department, the appropriations are to be changed as
follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-5115-420-11-00 Salaries & Wages 35,282
110-5115-420-21-00 Group Insurance Expense 7,307
110-5115-420-21-05 Employee Clinic 300
110-5115-420-22-00 FICA Tax Expense 2,699
110-5115-420-23-02 LEO Retirement 2,569
110-5115-420-23-05 LEO Supplemental Retirement 1,764
110-5115-420-25-10 Unemployment Benefits 353
110-5115-420-26-08 Worker's Compensation 2,315
110-5115-420-60-36 Uniforms 2,151
110-5115-420-60-26 Weapons 1,890
110-5115-420-74-74 Capital Outlay 23,500
110-511-420-60-33 Materials and Supplies 13,683
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-0000-356-40-00 Board of Educations-Resource Officers 93,813
EXPLANATION:
To add one fulltime Deputy to the SRO budget effective August 2015. B.O.E. will fund all up front coat to equip
and outfit this position the first year.
APPROVAlS:
~~~~~ ~~~t ~~~
partment Head (date) r date8/IO IS' 'l!unt{MfK.ger (date)
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the
Budget Officer and the Finance Officer for their direction.
Adopted this day of , 2015.
Margaret Regina Wheeler,
Interim Clerk to the Board
Jim Burgin, Chairman
Harnett County Board of Commissioners
081715a HC BOC Page 6
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2016:
Gtntr~\.f(kl\a 1 t-r Ptpt.
Section 1. To amend the Radio Upgraae COl~ital Proj!ilct j;>And, the appropriations are to be changed as
follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-4900-410.44-23 Building & Equipment-Rent $48,156
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-0000-389.14-00 lnterfund Transfers/Capital Projects $48,156
EXPlANATION: Items previously funded in capital project #CP1406 will be acquired with departmental funds.
APPROVAlS:
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the
Budget Officer and the Finance Officer for their direction.
Adopted this
Margaret Regina Wheeler
Clerk to the Board
day of
Jim Burgin, Chairman
Harnett County Board of Commissioners
081715a HC BOC Page 7
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board ofthe County of Harnett, North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2016:
Guien.\ f~,.~,~,a, Ve:tu-aJ\!1 Ccuri'
Section 1. To amend the RaG!ie U~graele Ca13ital ProjG€t-fund, the appropriations are to be changed as
follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-4402-410.35-77 Veterans Court $5,000
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-0000-399.00-00 Fund Balance Appropriated $5,000
EXPLANATION: Funds needed for Veterans mentor program in Harnett County that is not funded by the grant.
APPROVALS:
P~~I<--M), . .Jt.\;0(-y ... ;]<-4~
Department Head (date) I -J. 'i '1.5 Finance Off er {dat1 t n
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the
Budget Officer and the Finance Officer for their direction.
Adopted this
Margaret Regina Wheeler
Clerk to the Board
day of
Jim Burgin, Chairman
Harnett County Board of Commissioners
081715a HC BOC Page 8
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Harnett
COUNTY
State ofNorth Carolina
County of Harnett
To the Tax Administrator ofthe County of Harnett:
Agenda Item ~ -e
1ri' .. 'I'YYolf .... III ... 1.UVJ!:f
Jim Burgin, Chairman
C. Gordon Springle, Vice Chairman
Abe Elmore
Barbara McKoy
Joe Miller
Gina Wheeler, Clerk to the Board
PO Box 759
102 E. Front Street
Lillington, NC 27546
ph: 910-893-7555
fax: 910-814-2662
You are hereby authorized, empowered, and commanded to collect the taxes set forth in
the tax records filed in the office of Harnett County and in the tax receipts herewith delivered to
you, in the amounts and from the taxpayers likewise therein set forth. Such taxes are hereby
declared to be a first lien upon all real property of the respective taxpayers in the County of
Harnett, and this order shall be a full and sufficient authority to direct, require, and enable you to
levy on the sell any real or personal property of such taxpayers, for and on account thereof, in
accordance with law.
Witness my hand and official seal, this 17th day of August, 2015.
Jim Burgin, Chairman
Harnett County Board of Commissioners
Attest:
Margaret Regina Wheeler, Clerk
Harnett County Board of Commissioners
strong roots • new growth
081715a HC BOC Page 12
Board Meeting
Agenda Item
MEETING DATE: August 17,2015
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Gift Policy Change
REQUESTED BY: Patrick Fitzgerald
REQUEST:
The Harnett County Public Library respectfully requests the BOC to approve a change in the
Libraries' Gift Policy. It was recommended by our State Library Consultant that we add non-
discrimination language into the policy similar to what is stated in the State Statutes for the
provision of Public Library Service.
FINANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION:
P:,BOC'agcndaform20 15.doc Page I of I 081715a HC BOC Page 13
Current Gift Policy
VI. GIFTSTO THE LIBRARY Gift material will be accepted with the understanding that the books or
materials may be added to the collection, sold, exchanged, given to other libraries, or discarded. The
Harnett County Public Library Procedures Manual details the way in which the Library handles gifts, in
Section IV: Gifts to the Library.
Reason for Proposed Change: NC Statute dealing with NC public Libraries #7 (highlighted below)
includes anti-discrimination language in the acceptance of gifts which our State Library Consultant has
suggested that we add to our policy
153A-263. Public library systems authorized. A county or city may: (1) Establish, operate, and support
public library systems; (2) Set apart lands and buildings for a public library system; (3) Acquire real
property for a public library system by gift, grant, purchase, lease, exercise ofthe power of eminent
domain, or any other lawful method. If a library board of trustees is appointed, a county or city shall,
before acquiring real property by purchase, lease, or exercise of the power of eminent domain, seek the
recommendations of the board of trustees regarding the proposed acquisition; (4) Provide, acquire,
construct, equip, operate, and maintain buildings and other structures for a public library system; (5)
Acquire library materials by purchase, exchange, devise, gift, or any other lawful method; (6)
Appropriate funds to carry out the provisions of this Article; (7) Accept any gift, grant, lease, loan,
exchange, or devise of real or personal property for a public library system. Devises, grants, and gifts
may be accepted and held subject to any term or condition that may be imposed by the grantor or
trustor, except that no county or city may accept or administer any term or condition that requires it
to discriminate among its citizens on the basis of race, sex, or religion. (1953, c. 721; 1963, c. 945;
1971, c. 698, s. 3; 1973, c. 822, s. 1; 2011-284, s. 107.)
Suggest changing policy to read:
VI. GIFTSTO THE LIBRARY Gift material will be accepted with the understanding that the books or
materials may be added to the collection, sold, exchanged, given to other libraries, or discarded. The
Library will not discriminate among its citizens on the basis of race, sex, or religion in the acceptance or
administering of gifts. The Harnett County Public Library Procedures Manual details the way in which the
Library handles gifts, in Section IV: Gifts to the Library.
081715a HC BOC Page 14
Board Meeting
Agenda Item
MEETING DATE: August 17,2015
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Position Reclassification
REQUESTED BY: Keith Faulkner, Tax Administrator
REQUEST:
This is a request to reclassify our current vacant position of Chief Appraiser, Grade 74, to the
position of Deputy Tax Administrator I Real Property Supervisor, Grade 76. The purpose of
this request is to primarily accomplish two things. The first is to merge all appraisal functions
under one direct supervisor. This will avoid any confusion as to who is in charge of various
appraisal duties. The second is to establish a clear cut second in charge position to assist and
fill in for the Administrator as needed. This will help the organizational structure of the office
by further defining the chain of command. This change should also help with the efficient
operation of our office.
FINANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION:
C :\U sers\gwheeler\AppData \Local\Microsoft\ Windows\ Temporary Internet
Files\Content.Outlook\98RKKOE5\agendaform2015 deputy tax administrator real property supervisor.doc Page
1 of 1
081715a HC BOC Page 15
POSITION DESCRIPTION
Deputy Tax Administrator I Real Property Supervisor
DESCRIPTION:
An employee in this class serves as Tax Department division manager and plans and directs the
work of a staff responsible for appraising real property in the county. Work includes conducting
appraisals of property, mostly on a spot-check basis; assuring consistency of appraisals between
staff members; training and evaluating the work of staff; answering questions from the public
and hearing appeals of values; and assuring documentation of work in departmental files. Work
involves developing policies, procedures, and methods for program operations; interpreting
laws, rules, and regulations; handling budget and personnel matters; and working with sensitive
and controversial issues in the tax assessment and valuation program. The employee also
oversees the revaluation process either double-checking the work of outside consultants or
working with and reviewing the work of in-house staff. Independent judgment and considerable
initiative are required in managing program operations and working with the public. Work is
performed under the supervision of the Tax Administrator and is reviewed through
conferences, records and reports, and feedback from the program. Position also serves as
second in charge and assists and fills in for the Tax Administrator as needed.
Examples of Duties:
Employee in this class performs administrative, professional and managerial work in the
planning, organizing and managing of all components and staff in the Real Property Division of
the Tax Department. Supervises and directs the staff responsible for the listing and appraising
of real property. Work involves conducting appraisals of property when necessary, reviewing
the work of staff real property appraisers to assure consistency of appraisals and assessments.
Responsible for developing training plans and procedures to ensure adequate training of all
staff in the Real Property Division. Evaluates work of all staff appraisers and overseas and
evaluates all real property appraisal work including the revaluation process. Work involves
developing policies, procedures and methods for program operations, interpreting laws, rules
and regulations; handling budget and personnel matters and working with sensitive and
controversial issues in the tax assessment and revaluation programs. The employee works
closely with the revaluation process, supervising revaluation staff to ensure operational and
administrative plans for the general reappraisals are developed and followed. Ensures
compliance with applicable state, federal and local laws and statutes. Supervises and
coordinates with the revaluation staff to ensure the County's Schedule of Values is complete
and provides uniform schedules, standards and rules for real property appraisal and
081715a HC BOC Page 16
assessment. Double checks the work of all appraisal staff and any outside consultants through
reports, conferences, reviews and statistical analysis.
Answers questions and explains tax laws to the public, attorneys or other real estate
professionals. May defend tax values at the Board of Equalization and Review and the Property
Tax Commission. Sets in place system to assure documentation of work is maintained.
Coordinates with other county departments or municipalities to ensure data is up to date and
works to set up procedures to maintain data updates on a regular, consistent basis.
Plans and monitors the real property division's budget in coordination with the Tax
Administrator. Assures all notices, postings, deadlines and other guidelines are met in the tax
appraisal process to ensure tax bills are generated on schedule and with accuracy and fairness.
Coordinates with the other office divisions-Collections and Personal Property listing and
Billing to help set up and implement procedures to achieve and maintain accuracy in listing and
billing. Coordinates with the Personal Property staff to help determine property listing status
(real or personal) and to assist on audits as needed.
Desirable Education and Experience:
Graduation from a four year college or university with a major in business, economics, public
administration, or related field and considerable experience in property appraisal, real estate,
or related field, preferably including certification as a property appraiser, and some supervisory
experience; or an equivalent combination of education and experience.
Supplemental Qualifications or Information:
Willingness to obtain special training and certification by the Department of Revenue as a real
property appraiser and a personal property appraiser.
Valid North Carolina driver's license.
081715a HC BOC Page 17
Board Meeting
Agenda Item
Agenda Item LI-F
MEETING DATE: August 17,2015
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Amendment to Benhaven Emegency Services Budget
REQUESTED BY: Gary Pope, Emergency Services Director
REQUEST:
Benhaven Emergency Services requests an amendment to their 15/16 budget; they seek to
replace line three (3) of their capital outlay request with the purchase of a 2015 Tanker/Water
Tender to be financed over 5-7 years, not to exceed $250,000. BES wishes to purchase a new
tanker in order to meet minimum requirements to lower their 9S insurance rating throughout
the fire protection service district. The ability to lower this rating has the possibility to benefit
1,286 ofthe 4,421 address points in their system. This benefit has an estimated insurance
premium savings of $25 3 per year for the 1 ,286 households effected.
FINANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION:
U:\FM\BOC\BES Tanker\BES Tanker Agenda Form.docx Page I of 1
081715a HC BOC Page 18
July 23,2015
Mr. Jimmy Riddle, Hametr Co. F:\1
PO Box 370
Lillington, ::.--;c 27546
Dear i\Ir. Riddle,
SUBJECT: REQUEST FOR 15-16 BUDGET CHANGE
.·\s you are a\vare Benhaven is scheduled for an Insumnce Ratings inspection in the .J.•h Quarter of 2016.
Our staff with your assistance has been working to prepare with hopes of seeing a reduction for our Fire
District. Part of that preparation has been working with lfarnett Cmu1ty GIS to get solid numbers of address
points not protected by a hydrant system. Based on the information provided by GIS, 1286 address point out
of the 4+21 in our distxict \1\'0uld benefit from us lowering our Insurance Rating. The only way to lower the
rating is to be graded using a water haul method to provide water to these areas. 'I11is method would require
Benhaven to purchase a Tanker/Water Tender to be graded using this method.
\Xie have contacted an insurance agent that lives in our district ro get an estimate on potential savings for
homeow11ers \vith a current 9S raring. He used h:is home which is 1500 sq ft and it had a projecreu annual
savings of $253.00. If we arc successti.J!ly at lowering our rating tlus could be a significant saving in our Fire
District.
_ \s approved in our Monthly Board ;\Iecting on July 20, 2015 we arc requesting to replact• line item 3 on the
Capital Outlay Request with the purchase of a 2015 Tanker/Water Tender to he financed over 5-7 year8. Our
request is not to e.""tceed $250,000.00. The veluclc will be a Pierce or Rosenbaur and will meet current NFP,\
Standards. This will mean a change in our 5 year capital outlay plan by moving the SCB.-\ (:\ir Pack) purchase to
a later date.
I understand this is short notice but it is important to move forward and get this vehicle in service so that
we will be able to train as well as establishing a record of use prior to the inspection. Thank you for your
assistance.
Robert.\. Thomas, CFl
District Chief
P. 0. Box 301 "' Olivia, NG 28368
4023 NC HWY. 87 N ... Sanford, NC 27332 " Phone: 919-499-9511 .. Fax: 919-498-0188
081715a HC BOC Page 19
Agenda Item Ll-J-1
A RESOLUTION OF APPRECIATION AND COMMENDATION
TO MISS NORTH CAROLINA KATE PEACOCK
11-IAT WHEREAS, Kate Peacock currently reigns as Miss North Carolina 2015; that Kate is a
native of Dunn, Harnett County, North Carolina, and she is the daughter of Gary and Penny Peacock; and
WHEREAS, Kate won the title ofMiss Dunn on October 11, 2014, thereby gaining eligibility to
enter the 2015 Miss North Carolina Scholarship Pageant; and
WHEREAS, Kate competed in the 2015 Miss North Carolina Scholarship Pageant in Raleigh,
NC, and was crowned Miss North Carolina on June 20, 2015; and
WHEREAS, Kate will represent North Carolina when she competes in the 2016 Miss America
Competition in Atlantic City, N.J. in September; and
WHEREAS, in addition to winning the Miss North Carolina crown, Kate has earned more than
$14,000 in scholarships and received the Overall Talent Award for her tap dance to "Swing the Mood";
and
WHEREAS, Kate energetically promotes her platform, Peeper Keepers, as she raises funds and
awareness for children with pediatric eye diseases, and is an advocate for the Children's Miracle Network
Hospitals; and
WHEREAS, Kate will be a junior at Meredith College when she returns from her year of service
as Miss North Carolina, majoring in psychology and working to obtain an elementary teaching license;
and
WHEREAS, during her reign as Miss North Carolina, Kate has been and continues to be an
excellent and graceful ambassador for the State of North Carolina; she is a positive role model for young
people to emulate, and she has brought distinction and honor to her hometown of Dunn and native Harnett
County.
NOW, THEREFORE, BE IT RESOLVED, by the Harnett County Board of Commissioners that
Kate Peacock is hereby commended and honored on behalf of the proud citizens of Harnett County for
her accomplishments and service as Miss North Carolina 2015. The board does hereby express its
heartfelt appreciation to Kate for her continued good work and best wishes to her as she completes her
reign as Miss North Carolina, competes in the Miss America Competition and goes forward in her future
educational and lifetime endeavors.
Adopted this 17th day of August 2015.
HARNETT CO
081715a HC BOC Page 20
AGENDA ITEM 7
AUGUST 17,2015 APPOINTMENTS NEEDED
ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE
We need seven additional members appointed to serve on this committee. Members receive
mileage reimbursement as claimed.
This
BARNETT COUNTY PUBLIC FACILITIES CORP. BOARD OF DIRECTORS
We have a vacancy for an at-large member on this board.
BARNETT NURSING HOME COMMUNITY ADVISORY COMMITTEE
We need one additional members appointed to serve on this committee.
to work to
BOARD OF HEALTH
Health Director John Rouse requests appointment of Amy E. Allen, RN, to replace a registered
nurse member whose position was vacated on the Board. (letter attached)
HISTORIC PROPERTIES COMMISSION
We currently have vacancies for regular members in Districts 2 and 5 as well as vacancies for
alternate members on this commission.
NON PROFIT COMMITTEE
We need appointments from Districts 2, 3, 4 and 5.
SANDIDLLS CENTER BOARD OF DIRECTORS
We have a vacancy on the on the Sandhills Center Board of Directors.
Page 1 -Appointments
081715a HC BOC Page 21
N T Y
August 10, 2015
TO: Joseph Jeffries
FROM:
SUBJECT: BOH Members
of Public Health
www.harnett.org
Harnett County Go'""ernment Complex
307 Vr CorneliUS Harnett Boulevard
Lill1ngton, NC 27546
ph: 910-893-7550
fax 910-893-9429
I am submitting a Board of Health application for Amy E. Allen, RN to replace a registered nurse member
who position was vacated by Sherrie Byrd, RN on the Board. Amy Allen, RN works in Buies Creek for
Campbell University.
Please let me know if you have any questions.
strong roots new growth 081715a HC BOC Page 22
APPLICATION TO SERVE ON A BOARD APPOINTED BY THE
HARNETT COUNTY BOARD OF COMMISSIONERS
BOARD: HaJne-1± Cou.n+y Board of Hea 1+-h
NAME: Amy E. A-ll&n
ADDRESS: I tfD I i<t i +-h Hi {/ 5 l(d ) Li l/ i y f-o f) ) N G ~ 7 6 Lf ?>
~lNG DISTRICT: (Please check district number in which you live):
~District 1, Commissioner Hill's D District 4, Commissioner Springle's
D District 2, Commissioner House's D District 5, Commissioner Miller's
D District 3, Commissioner Burgin's
TELEPHONE: (HOME) q J 0 -?J q 0 -q ·1 5 ;£._ (WORK) q i 0 -~ q .3 -/5 b 0
PRESENToccuPATION: ReJis+-~rt-d 'Nurse.--C.a.-~·Ylpbe.u Unt\rersi·0J
YEARS OF FORMAL EDUCATION: Ass oct.."CA..--te Dejre (t. in N U.I .s hl!J tqq (.,
CIVIC AND FRATERNAL ORGANIZATIONS IN WHICH YOU HAVE PARTICIPATED:
PLEASE TELL WHY YOU WOULD LIKE TO SERVE ON THE ABOVE LISTED BOARD:
SIGNATURE: --1Lk4ro_!L_!_~--=£~._y~~~=L............,._ ____ _
****************************************
FOR OFFICE USE ONLY:
DATERECEIVED: ------------------------------
DATE FORWARDED TO COUNTY COMMISSIONERS: ---------------
081715a HC BOC Page 23
Agenda I tern g
THIS INSTRUMENT HAS BEEN PRE-AUDITED
IN THE MANNER REQUIRED BY
THE LOCAL GOVERNMENT BUDGET AND
FISCAL CONTROL ACT.
Kimberly Honeycutt
Finance Officer
County of Harnett, North Carolina
PURCHASE AGREEMENT
This Purchase Agreement (this "Contract") is made as of August_, 2015 (the "Effictive
Date") by HARNETT FORWARD TOGETHER COMMITTEE, a North Carolina nonprofit
corporation, WESTERN HARNETT INDUSTRIAL PARK, INC., a North Carolina nonprofit
corporation and EMMETT EDGERTON INDUSTRIAL PROPERTIES, INC., a North
Carolina nonprofit corporation (the "Sellers") and the COUNTY OF HARNETT, NORTH
CAROLINA, a political subdivision of the State ofNorth Carolina (the "Buyer").
RECITALS
A. The County of Harnett, North Carolina (the "County") is a validly existing
political subdivision of the State of North Carolina, existing as such under and by virtue of the
Constitution, statutes and laws of the State of North Carolina (the "State"); that the County has
the power, pursuant to the General Statutes of North Carolina to purchase and acquire real and
personal property.
B. Harnett Forward Together Committee ("HFTC"), Western Harnett Industrial
Park, Inc. ("WHIP") and Emmett Edgerton Industrial Properties, Inc. ( "EEIP ") are all nonprofit
corporations created and existing under the laws of the State ofNorth Carolina.
C. HFTC is the titled owner of those real property tracts located in Harnett County
and described as Parcels 1, 2 and 5 in Exhibit A attached hereto; WHIP is the titled owner of
those real property tracts located in Harnett County and described as Parcel 3 in Exhibit A
attached hereto; EEIP is the titled owner of the real property tract located in Harnett County and
described as Parcel 4 in Exhibit A attached hereto; these real property tracts in total are
collectively referred to as the "Land. "
D. The corporate purposes of HFTC, WHIP and EEIP include the procurement and
development of real property into industrial and commercial business parks in order to attract
new business and industry and to encourage the expansion of businesses and industries in
Harnett County; that these corporations work in concert with the County's economic
development efforts to recruit and procure the location of new business and industry in Harnett
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081715a HC BOC Page 24
County, to aid in the expansion of current businesses and industries in Harnett County, to
increase the tax base, to aid in the creation of recreation parks in Harnett County, and to create
jobs for the citizens of Harnett County. That in accomplishing these corporate purposes, the
Sellers have procured and developed the Land and in doing so have incurred investment and
operating debt a portion of which is secured by deeds of trust on the Land.
E. The Sellers have determined that it would be fiscally prudent and in their best
interests to eliminate the outstanding indebtedness as secured by the Land; that the County has
agreed to pay off all or a portion of the outstanding indebtedness of the Sellers as hereinafter set
forth in exchange for a conveyance of the Land from the Sellers to the Buyer. That the parties
desire through this instrument to detail the terms of their agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which the Buyer and the Sellers acknowledge, the parties agree as follows:
1.1 Defined Terms.
APPLICABLE LAWS
BUYER:
BUYER'S COUNSEL
CLOSING DATE:
ARTICLE I
Basic Terms
Collectively, any federal, state, or local laws, statutes,
regulations, rules, ordinances, orders or injunctions relating
to the Property, including those related to zoning,
subdivision and construction
County of Harnett, North Carolina
102 E. Front Street; PO Box 759
Lillington, N C 27 546
Attn: County Manager
Tel: 910-893-7555
Fax: 910-814-2662
Email: jjeffrics(a,hamctt.org
Dwight W. Snow
302 W. Edgerton Street; PO Box 397
Dunn, NC 28334
Tel: 910-892-8199
Fax: 910-892-5487
Email: dv·.'ightsnow~nc.n.com
The date established in accordance with Section 2.3
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081715a HC BOC Page 25
LAND:
POSSESSION DATE:
PROPERTY:
PURCHASE PRICE:
PURCHASED INTEREST:
SELLERS:
Those real property tracts located in Harnett County,
North Carolina, as described in~ together
with all privileges, rights and easements appurtenant
to those land tracts
The date on which the closing takes place
All of the Sellers' right, title and interest to (1) the Land
and any buildings, structures, infrastructure or other
improvements located on the Land, (2) all fixtures affixed
to the Land or to those buildings, structures, infrastructure
or other improvements, (3) all trees, shrubbery and growing
crops located on the Land, (4) all mineral rights and
subsurface rights relating to the Land, and ( 5) all water and
sewer rights and development rights relating to the Land
To be paid prior to and at closing in an amount in
accordance with Section 2.3
Fee simple title to the Property, subject to any Permitted
Exceptions
Harnett Forward Together Committee
PO Box 1270
Lillington, NC 27546
Attn: George Womble, President
Tax ID Number: 56-1924426
Tel: 910-893-7524
Fax: 910-814-2662
Email: gvv'omble(cb,womblerealtv.net
Western Harnett Industrial Park, Inc.
PO Box 1270
Lillington, NC 27546
Attn: James H. Randolph, III, President
Tax ID Number: 75-3071755
Tel: 910-893-7524
Fax: 910-814-2662
Email: iiijhr@aol.com
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081715a HC BOC Page 26
Emmett Edgerton Industrial Properties, Inc.
PO Box 1270
Lillington, NC 27546
Attn: P. Tilghman Pope, President
Tax ID Number: 56-2270337
Tel: 910-893-7524
Fax: 910-814-2662
Email: tilghmanpope1I'nc.rr.com
ARTICLE II
Agreement to Sell and Purchase
2.1 Property to Be Sold. The Sellers agree to sell, and the Buyer agrees to
purchase, the Purchased Interest in accordance with this Contract.
2.2 Conditions Precedent. The Buyer's obligation to purchase the Property
from the Sellers is specifically conditioned upon the Buyer's ability to obtain and close a
sufficient loan at a favorable interest rate through the Buyer's entry into an installment purchase
contract; a portion of the loan proceeds shall be used to finance all or a portion of the costs to
acquire the Property from the Sellers. This financing pre-condition is subject to the approval of
this purchase transaction and the installment financing contract by the North Carolina Local
Government Commission ("LGC").
The Sellers' obligation to sell the Property to the Buyer is specifically conditioned upon
Buyer's approval of the Indemnification Agreement attached hereto as Exhibit D and
incorporated herein by reference.
2.3 Purchase Price. The purchase price shall be the amount of the total payoff of
the Sellers' outstanding indebtedness as itemized and estimated on Exhibit B attached hereto and
incorporated herein. The exact payoff amount including accrued interest and any other pay off
charges shall be determined and confirmed by the parties prior to the closing date to be
scheduled by Buyer. The Buyer shall pay the balance of the Purchase Price at the closing of this
transaction which shall be applied to the Sellers' outstanding indebtedness to their debt holders
in exchange for the debt holders' cancellation of all Deeds of Trust or other security instruments
on the Property.
2.4 Closing. The closing (the "Closing") shall be held at the Buyer's offices on a
date designated by the Buyer to occur no later than October 5, 2015 (the "Closing Date"). On
satisfaction of all closing conditions and deliveries (including a title update confirming that title
to the Property is in the condition required by this Contract and the recordation of the Deed (as
defined below), the Buyer and the Sellers shall deliver the closing documents to the appropriate
parties and make disbursements according to the closing statement executed by the Buyer and
the Sellers.
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081715a HC BOC Page 27
2.5 Sellers' Deliveries. At least 30 days after the Effective Date of the Contract, the
Sellers shall deliver to the Buyer the following documents and information with respect to the
Property (collectively, the "Property Documents''):
2.5.1 All surveys, plats, plans, specifications, appraisals, studies, reports,
correspondence or other documents relating to the Property and any proposed development of
the Property that are in the Sellers' possession or that the Sellers can obtain with reasonable
effort; and
2.5.2 All certificates, licenses, permits, authorizations, consents, approvals and
entitlements from, or other agreements with, governmental authorities with respect to the design,
construction, use, operation and occupancy of the land and any proposed improvements to the
Land, and all applications, studies, reports, plans, specifications, correspondence or other
documents related thereto.
ARTICLE HI
Title and Survey
3.1.1 At Closing, the Sellers shall convey to the Buyer good and marketable fee
simple title to the Property. For the purposes of this Contract, "good and marketable fee simple
title" means fee simple ownership that is (a) free of all claims, liens and encumbrances other than
the Permitted Exceptions (defined in Section 3.1.2); and (b) insurable by a title insurance
company reasonably acceptable to the Buyer at then current standard rates under the standard
form of ALTA owner's policy oftitle insurance (ALTA Form 2006), with the standard or printed
exceptions deleted and without exception other than for the Permitted Exceptions.
3.1.2 Prior to Closing, the Buyer may obtain at its expense from a title insurance
company of the Buyer's choice (the "Title Company") a current ALTA Commitment for Title
Insurance (the "Title Commitment"). Any title exceptions appearing in the Title Commitment
that the Buyer does not object to in writing prior to Closing will be deemed permitted exceptions
to the Sellers' title (collectively, together with any other matters approved by the Buyer in
writing, the ("Permitted Exceptions"). Prior to Closing, the Sellers shall cure any encumbrance
other than the Permitted Exceptions (each, an Unpermitted Exception") by removing from or
satisfying on the public record each such Unpermitted Exception.
3.1.3 The Buyer may object to any title or non-title matters affecting the
Property by delivering notice of such objection to the Sellers at least 15 days before the Closing
Date (each, an "Objection"). If the Sellers fails to cure any Objection or any Unpermitted
Exception by the Closing Date, then that failure shall constitute a material default by the Sellers,
and the Buyer may (i) exercise any of the Buyer's rights under Section 6.2 or (ii) extend the
Closing Date for a period of up to 180 days during which time the Sellers shall cure the
Objection. If the Buyer elects option (ii) above and the Sellers fails to cure the Objection within
that 180 day period, then the Buyer may then exercise any of its rights under Section 6.2.
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081715a HC BOC Page 28
3.2 Survey. If the Buyer desires to obtain a recent survey of any of the Land tracts
by a licensed surveyor then the expense for the procurement of said survey(s) shall be paid by
the Buyer.
ARTICLE IV
Representations, Warranties and Covenants
4.1 Representations and Warranties of Sellers. The Sellers represent and warrant
to the Buyer that:
4.1.1 The Sellers are nonprofit corporations, duly organized, validly existing
and in good standing under the laws of the State of North Carolina.
4.1.2 The Sellers have the power and authority, and have obtained all consents
required, to enter into this Contract and to consummate the sale of the Purchased Interest in
accordance with the terms of this Contract.
4.1.3 This Contract has been, and all of the documents to be delivered by the
Sellers at Closing will be, executed by an individual authorized to do so on behalf of the Sellers;
and this Contract constitutes, and those documents will constitute, the valid and binding
obligations of the Sellers, enforceable in accordance with their terms, except as enforceability
may be limited by bankruptcy, insolvency or reorganization laws or applicable principles of
equity.
4.1.4 There is no agreement, nor any judicial or administrative order or decree,
to which the Sellers are a party or that is binding on the Sellers or the Property, which is in
conflict with this Contract, or which challenges or impairs the Sellers' ability to perform their
obligations under this Contract.
4.1.5 There are no pending or threatened actions, suits or proceedings affecting
the Sellers of the Property.
4.1.6 The Sellers have received no notice of any violation, or potential violation
of, any Applicable Laws or any private restrictive covenants affecting the Property.
4.1. 7 There are no agreements affecting the Property of the Sellers that would
be binding on the Buyer after Closing other than matters of record in the Office of the Harnett
County Register of Deeds.
4.1.8 The Sellers have not filed, and do not have any present intent to file, a
voluntary petition under any chapter of Title 11 of the United States Code (the "Bankruptcy
Code") or similar state law, and has not sought, and does not have any present intent to seek
protection or similar relief for debtors under any federal or state insolvency laws; and no petition
in any action or proceeding under the Bankruptcy Code or any similar state law has been filed
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081715a HC BOC Page 29
against the Sellers, and the Sellers have not made any assignment for the benefit of creditors or
consented to the appointment of a receiver or trustee for all or any part of their property.
4.1.9 All information and data furnished by the Sellers to the Buyer with respect
to the Property will be true and complete.
The Sellers shall promptly notify the Buyer of any matter which affects the accuracy of
any representation and warranty under this Section 4.1.
4.2 Representations and Warranties of Buyer. The Buyer represents and warrants
to the Sellers that:
4.2.1 The Buyer is a political subdivision of the State of North Carolina, duly
organized, validly existing and in good standing under the laws and Constitution of the State of
North Carolina.
4.2.2 The Buyer has the power and authority to enter into this Contract and to
consummate the purchase of the Property in accordance with the terms ofthis Contract.
4.2.3 This Contract has been, and all of the documents to be delivered by the
Buyer at Closing will be, executed by an individual authorized to do so on behalf of the Buyer;
and this Contract constitutes, and those documents will constitute, the valid and binding
obligations of the Buyer, enforceable in accordance with their terms, except as enforceability
may be limited by bankruptcy, insolvency or reorganization laws or applicable principles of
equity.
4.2.4 There is no agreement, nor any judicial or administrative order or decree,
to which the Buyer is a party or that is binding on the Buyer, which is in conflict with this
Contract, or which challenges or impairs the Buyer's ability to perform its obligations under, this
Contract.
4.3 Sellers' Covenants.
4.3.1 Subject to Section 4.3.2 below, at all times until the Buyer takes
possession of the Property on the Possession Date, the Sellers shall (a) pay all assessments
assessed against the Property and all expenses incurred in the operation of the Property with the
exception of the 2015 ad valorem taxes which the Buyer shall be responsible to pay; (b) maintain
the Property in compliance, in all material respects, with all Applicable Laws; (c) not alter, or
permit waste to occur on, the Property; (d) not remove any timber from the Property; (e) not
permit any action to be taken which will cause any of the representations or warranties in Section
±J. to be inaccurate as of the Closing Date or the Possession Date; (f) not enter into any lease or
other agreement for the use, occupancy or possession of any portion of the Property; (g) not enter
into any management, maintenance, service, or realtor listing or other agreement with respect to
the Property; (h) not permit the Property to be encumbered with any easement, restriction, lien,
covenant, plat or other matter of record; and (i) not transfer or dispose of any part ofthe Property
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081715a HC BOC Page 30
or any interest therein, nor consent to, approve or otherwise take any action with respect to
zoning or any other governmental rules or regulations applicable to any part of the Property.
5.1
follows:
Proceedings at Closing.
ARTICLEV
Closing
On the Closing Date, the Closing shall take place as
5.1.1 The Sellers shall deliver to the Buyer the following documents and
instruments, in form and content reasonably satisfactory to the Buyer (and the Title Company, if
applicable) duty executed by the Sellers:
(a) a General Warranty Deed conveying the Property, in the form
attached as Exhibit C (the "deed");
(b) the Closing Statement delivered to Seller In accordance with
Section 5.1.2;
(c) Any other documents, affidavits and certificates that the Buyer or
the Title Company reasonably determines to be necessary or prudent in connection with its
purchase of the Purchased Interest; and
(d) the fully executed Indemnification Agreement.
5.1.2 The Buyer shall deliver to the Sellers a Closing Statement, in form and
content reasonably satisfactory to the Sellers and the Indemnification Agreement, duly executed
by the Buyer, and shall pay the Purchase Price to the Sellers' outstanding indebtedness holders
for the benefit of the Sellers as listed on Exhibit B.
5.2 Costs of Closing. The Buyer shall pay any transfer taxes (revenue stamps)
and all recording costs relating to the purchase of the Purchased Interest. The 20 15 ad valorem
taxes shall not be pro-rated; the Buyer will be responsible to pay the 2015 ad valorem taxes.The
Buyer shall pay any other expense associated with or related to the purchase of the Land and
Sellers shall not incur any expense.
5.3 Conditions to Buyer's Obligations. The Buyer's obligation to close on the
Property is subject to the satisfaction of each of the following conditions as of Closing (or any
earlier date as set forth below), any of which may be waived in writing by the Buyer:
5.3.1 The Sellers shall have fully performed their obligations under this
Contract.
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081715a HC BOC Page 31
5.3.2 Each of the Sellers' representations and warranties in this Contract shall
be accurate and certified by the Sellers to the Buyer as accurate, on the Closing Date.
5.3.3 If the Buyer does procure title insurance, then the Title Company is
unconditionally prepared to issue an owner's policy of title insurance in the condition required
by Section 3 .1.
5.3.4 The Property is in substantially the same condition at Closing as on the
Effective Date.
If any of the above conditions are not satisfied by Closing, then the Buyer may, on notice
to the Sellers: (a) terminate this Contract and all rights and obligations of the Sellers and the
Buyer under this Contract shall terminate (other than those that expressly survive termination of
this Contract); or (b) close the transaction and, if the unfulfilled condition is a result of the
Sellers' breach of this Contract, pursue any rights and remedies available to the Buyer pursuant
to Section 6.2; or (c) extend Closing for a reasonable period oftime to permit the condition to be
met, and if the condition is still not met at the end of that extension, then elect to pursue either
option (a) or (b) above.
5.4 Possession. The Sellers shall surrender possession o:f the Property to the
Buyer on the Possession Date.
ARTICLE VI
Default/Remedies
6.1 Buyer's Default. If the Buyer fails to perform any of its obligations under
this Contract or breaches any representation or warranty under this Contract, then the Sellers
shall notify the Buyer of such default. If the Buyer fails to cure that default within 15 days after
receipt of that notice, then the Sellers may, as their sole and exclusive remedy, terminate this
Contract by giving notice to the Buyer and all rights and obligations of the Sellers and the Buyer
under this Contract shall terminate (other than those that expressly survive termination of the
Contract).
6.2 Sellers' Default. If the Sellers fail to perform any of their obligations under this
Contract or if the Sellers breach any representation or warranty under this Contract, then the
Buyer may notify the Sellers of such default. If the Sellers fail to cure that default within 15
days after receipt of that notice, then the Buyer may: (a) obtain specific performance of any
provision of this Contract; (b) exercise any other remedy at law or in equity; or (c) proceed to
Closing without waiving that failure or breach.
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081715a HC BOC Page 32
ARTICLE VII
Brokerage Commission
7.1 Brokerage Commission. The Sellers and the Buyer each represent and
warrant to the other that no broker or real estate agent was involved in this transaction.
ARTICLE VIII
Miscellaneous
8.1 Assignment. This Contract may not be assigned by the Buyer or the Sellers.
8.2 Binding Effect. This Contract is binding on and inures to the benefit of the
Buyer and the Sellers and their respective successors and assigns.
8.3 Further Assurances. At Closing, and from time to time thereafter, the Sellers
shall perform any additional acts, and shall execute and deliver any additional documents, as
may reasonably be required to vest in the Buyer full title to the Property and otherwise to
effectuate the purchase and sale of the Property as contemplated by this Contract.
8.4 Survival. Article IV, Article VI shall survive Closing or the termination of this
Contract. No other provision of this Contract shall survive closing or the termination of this
Contract.
8.5 Entire Agreement. This Contract contains the entire understanding and
agreement between the Buyer and the Sellers and all prior or contemporaneous oral or written
agreements or instruments are merged herein.
8.6 Amendment. This Contract may not be amended except by an instrument in
writing executed by the Sellers and the Buyer.
8. 7 Governing Law. This Contract is governed by the law of the State of North
Carolina.
8.8 Business Davs, If any time period or deadline in this Contract falls on a
Saturday, Sunday or federal banking holiday, that time period or deadline shall be extended until
the next succeeding business day.
8.9 Interpretation. Except as otherwise specified in this Contract: (a) "includes"
and "including" mean includes or including by way of illustration and not by way of limitation;
(b) references to Exhibits, Sections or subsections are to those attached to or included in this
Contract; (c) the section and other headings in this Contract are for convenience only and do not
limit or expand any provisions of this Contract; and (d) no interpretive presumption shall be
drawn against either party by virtue of its role in drafting this Contract.
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081715a HC BOC Page 33
8.10 Severability. If any provisiOn of this Contract is held to be invalid or
unenforceable, then such provision will be fully severable :from this Contract; and the remaining
provisions of this Contract will remain in full force and effect and wiii not be affected thereby.
Furthermore, in lieu of such invalid or unenforceable provision, there shall be added
automatically as a part of this Contract a valid and enforceable provision as similar in terms to
such invalid or unenforceable provision as may be reasonably possible.
8.11 Countemarts. If this Contract is executed in counterparts, then all of those
counterparts together constitute one and the same instrument. An executed counterpart delivered
by facsimile or email constitutes an originaL
8.12 Notices. Any notice contemplated by this Contract must be in writing, addressed
as set forth in Section 1.1 and shall be either (a) sent by overnight delivery using a nationally
recognized overnight courier, in which case the notice shall be deemed delivered one business
day after deposit with the courier; (b) sent by personal delivery, in which case the notice will be
deemed delivered on the date of delivery; or (c) sent by facsimile or e-mail, in which case the
notice shall be deemed delivered upon confirmed transmission of such notice; provided that no
later than the next business day after the facsimile or e-mail is sent, a hard copy of the facsimile
or e-mail transmission is sent in the manner set forth in (a) or (b) of this Section. Either party
may change its address by giving the other party five days advance written notice of that change.
8.13 Memorandum of Contract. At the request of the Buyer, the Sellers shall
execute and deliver to the Buyer a memorandum of contract (the "Memorandum of Contract") in
a form provided by the Buyer and reasonably acceptable to the Sellers. The Buyer may record,
at its expense, the Memorandum of Contract in the Office of the Harnett County Register of
Deeds.
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081715a HC BOC Page 34
The Buyer and the Sellers have executed this Contract as of the Effective Date.
Date of Seller's execution:
Date of Seller's execution:
Date of Seller's execution:
SeHers:
HARNETT FORWARD TOGETHER
COMMITTEE
By: ________________________ __
George Womble
President
WESTERN HARNETT INDUSTRIAL
PARK, INC.
By: ________________________ ___
James H. Randolph, III
President
EMMETT EDGERTON INDUSTRIAL
PROPERTIES, INC.
By: ________________________ ___
P. Tilghman Pope
President
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081715a HC BOC Page 35
Date of Buyer's execution:
COUNTY OF HARNETT, NORTH
CAROLINA
By: __________________________ __
Jim Burgin
Chairman ofthe Board of Commissioners
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081715a HC BOC Page 36
Exhibit A
Exhibit B
Exhibit C
Exhibit D
INDEX
Description of Land ofHarnett Forward Together
Committee (Parcels 1, 2 & 5)
Land of Western Harnett Industrial Park, Inc. (Parcel 3), and
Land of Emmett Edgerton Industrial Properties, Inc. (Parcel 4)
Purchase Price Itemization
Deed
Indemnification Agreement
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081715a HC BOC Page 37
EXHIBIT A
Property Descriptions
PARCEL 1: BRIGHTWATER BIOTECHNOLOGY AND MEDICAL CENTER PARK (PORTION)
OWNED BY HARNETT FORWARD TOGETHER COMMITTEE
ParcellD Nos.: 110650 0005; 110650 0005 03; 110650 0005 05
Beginning at an existing iron stake in the northern right of way margin of US. Highway 401 which said
existing iron stake ~~~ the southernmost point of the Salmon and Maus tract as shown on that survey
recorded as Map No 98-567, Harnett County Registry; thence from said Beginnb1g Point and rwming
with the right of way margin of US. Highway 401 North 51 degrees 26 minutes 28 seconds West 1,841.68
feet through an existing concrete monument to a point; thence a new line with the boundary of the Gerald
Johnson property (Book 392, Page 198, Harnett County Registry) North 38 degrees 32 minutes 23
seconds East 417.89 feet to an existing iron pipe; thence North 51 degrees 14 minutes 35 seconds West
316.32 feet to a point in the southeastern right of way margin of NCSR 1436 (Matthews Road) a 60 foot
right of way; thence running with the southeastern right of way margin ofNCSR 1436, North 39 degrees
40 minutes 26 seconds East 490.62 feet to a point; thence North 36 degrees 59 minutes 05 seconds East
61.03 feet to a point; thence North 32 degrees 38 minutes 47 second~ East 83. 77 feet to a new iron stake;
thence a new line South 88 degrees 46 minutes 12 seconds East 1,676.00 feet to an existing square iron;
thence South 88 degrees 54 minutes 31 seconds East 902.92 feet to an existing iron pipe; thence South 88
degrees 41 minutes 32 seconds East 903.53 feet to an existing axle; thence South OJ degree 02 minutes 06
seconds West 730.38 feet through an existing iron stake to an existing concrete monument; thence South
60 degrees 40 minutes 49 seconds West 1150.49 feet to an existing concrete monument; thence South 60
degrees 39 minutes 30 seconds West 447.47 feet to an existing iron stake; thence South 60 degrees 48
minutes 32 seconds West 1195.43 feet through an existing iron stake to the POINT OF BEGINNING
containing 129.10 acres more or less.
The above described tract is a portion of that 138.55 acre tract as shown on that survey dated 12114198
by Mickey R. Bennett, P LS recorded as Map No. 98-567 Harnett County Registry less that 8. 04 acre tract
designated as Tract 1 and the 60 foot wide right ofway area for NCSR 1436 (Matthews Road) as shown
on that survey dated 6/12106 by Mickey R Bennett, PLS recorded as Map No. 2006-514, Harnett County
Registry. This is the same tract conveyed to Harnett Forward Together Committee in that deed recorded
in Book 2252, Page 911, Harnett County Registry.
LESS AND EXCEPT THE FOLLOWING TRACTS:
a) That conveyance to Harnett Health System, Inc. recorded in Book 2567, Page 888, Harnett
County Registry.
b) That conveyance to Harnett Health Investors, LLC recorded in Book 3036, Page 996, Harnett
County Registry.
c) That conveyance included in that Memorandum of Ground Lease recorded in Book 2971, Page
811 Harnett County Registry from Harnett Forward Together Committee (Ground Landlord) to
Red Rock Harnett, LLC (Ground Tenant) for Lot 5 containing 4.520 acres with certain easements
as shown on Map Book 2012, Page 34, Harnett County Registry.
d) That Deed For Highway Right of Way to the North Carolina Department of Transportation
recorded in Book 2960, Page 368, Harnett County Registry.
15
081715a HC BOC Page 38
PARCEL 2: BRJGHTWATER BUSINESS PARK (PORTION) OWNED BY
HARNETT FORWARD TOGETHER COMMITTEE
ParceliD Nos.: 110650 000810 through 110650 000813
BEING all of that I9.0I acres (828,063 square feet) real property tract as shown on that rnap dated May
27, 2009 entitled, "Division Map Prepared For Harnett Fon·i'ard Together Committee" which is
recorded in Map No. 2009-336, Harnett County Registry. This is the same tract conveyed to Harnett
Forward Together Committee in that deed recorded in Book 2634, Page 6I 8, Harnett County Registry.
LESS AND EXCEPT THE FOLLOWING TRACTS:
a) Those conveyances to First Choice Community Health Centers recorded in Book 2750, Page 217
and Book 2853, Page 342, Harnett County Registry.
b) That conveyance to the State of North Carolina recorded in Book 3058, Page 754, Harnett
County Registry.
PARCEL 3: WESTERN HARNETT INDUSTRIAL PARK (PORTION) OWNED BY
WESTERN HARNETT INDUSTRIAL PARK, INC.
ParceliD Nos.: 03 9576 0035; 03 9576 0035 02 through 03 9576 0035 26
BEING all of New Tract #2 (235.27 acres) as shown on that plat entitled, "Recombination Map Western
Harnett Industrial Park" dated June 28, 2004 by Joe E. Godwin, Sr., PLS which is recorded in Map Nos.
2004-650, 652, 654, 656 and 658, Harnett County Registry.
This is the same property that was conveyed to Western Harnett Industrial Park, Inc. in two tracts in that
deed recorded in Book I 642, Page 53, Harnett County Registry, less the conveyance to Harnett County in
that deed recorded in Book I923, Page 948, and subsequently conveyed to the Trustees at Central
Carolina Community College in that deed recorded in Book I923, Page 953, Harnett County Registry.
PARCEL 4: EMMETT EDGERTON II INDUSTRIAL PARK (PORTION) PROPERTY OWNED
BY EMMETT EDGERTON INDUSTRIAL PROPERTIES, INC.
Parcel ID No.: 021505 0106
BEING all that 90.86 acre tract of real property located off U.S. Highway 30I South of the City of Dunn
in Averasboro Township, Harnett County as shown on that map dated March I 3, 2002 by Joe E. Godwin,
Sr., PLS which is recorded as Map No. 2002-313 and 3I5, Harnett County Registry. This is the same
tract conveyed to Emmett Edgerton Industrial Properties, Inc. in that deed recorded in Book I6IO, Page
584, Harnett County Registry.
LESS AND EXCEPT THE FOLLOWING TRACT:
That conveyance to Oldcastle APG South, Inc. which is recorded in Book 2373, Page 878, Harnett
County Registry.
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081715a HC BOC Page 39
PARCEL 5: ANDERSON CREEK WEST PARK (PORTION) OWNED BY
HARNETT FORWARD TOGETHER COMMITTEE
Parce!ID No.: 010536 0028
Beginning in the center of State Road No. 1117, "Nursery Road", said point being corner with grantor
herein with Waters according to survey and map dated January 11, 1996, and recorded in Plat Cabinet F
Slide 514B, Harnett County Regisfly, and runs thence with line of grantor and Waters, South 81 degrees
47 minutes 15 seconds East 2,285.56 feet to corner with Waters; thence with Waters line, North 45
degrees 46 minutes 46 seconds East 1,800.00 feet to new corner with Waters, grantor herein and Butler;
thence with line with Butler, South 44 degrees 14 minutes 24 seconds East 1,819. 97 feet to an existing
axle, and continuing, South 44 degrees 18 minutes 23 seconds East 1,372.37 feet to an existing concrete
monument; thence South 47 degrees 15 minutes 29 seconds East 269.81 feet to existing Overhills
concrete monument, corner with Butler and Ronald Johnson; thence with line with said Ronald Johnson,
South 44 degrees 16 minutes 34 seconds West 1, 662.63 feet to existing Over hills concrete monument;
continuing with Ronald Johnson line, South 43 degrees 58 minutes 52 seconds West 805.45 feet to
existing granite monument with said Johnson; thence with another Johnson line, North 88 degrees 59
minutes 15 seconds East 826.66 feet to an existing concrete monument with Johnson; thence South 13
degrees 50 minutes 06 seconds East 1,992.02feet to an existing concrete monument; thence with another
fine with Johnson, South 89 degrees 54 minutes 40 seconds East 844.58 feet to an existing concrete
monument; thence another line with Johnson, North 48 degrees 37 minutes 49 seconds East 828.92 feet to
an iron axle; thence South I degrees 10 minutes 05 seconds East 344.82feet, passing an iron axle at the
western edge of the right-of-way, to the center line of S.R. No. 1126 "Powell Road"; thence with the
center line of said S.R. 1126, South 16 degrees 29 minutes 07 seconds West 3,283.2 feet to corner in
center line of said S.R. No. 1126 with Black and others; thence North 48 degrees 48 minutes 37 seconds
West, passing iron pipe corner at the western edge of right-of-way and at corner with Cecil Smith land, a
total distance of 834.15 feet to existing Overhills concrete monument; thence with Smith line, North 76
degrees 30 minutes 41 seconds West 565.16 feet to existing iron pipe, corner with Smith and W. A.
Shaw, formerly Evelyn Black; thence with line with Shaw, North 86 degrees 32 minutes 43 seconds West
1,080. 78feet to existing iron pipe corner; thence North 86 degrees 26 minutes 08 seconds West 879.8feet
to existing iron pipe corner with Shaw tract; thence North 87 degrees 29 minutes 22 seconds West 834.75
feet to Overhills concrete monument; thence North 87 degrees 24 minutes 27 seconds West 1,996.63 feet
to another Overhills Concrete monument, corner with Shaw tract; thence with said Shaw tract, South 05
degrees 08 minutes 41 seconds East 2,162.36 feet to an existing granite monument near the edge of the
right-of-way; thence South 05 degrees 08 minutes 41 seconds East 46.64 feet to the centerline of State
Road No. 1125, "Black Road"; thence with the centerline of said S.R. No. 1125, North 66 degrees 52
minutes 47 seconds West 669.9 feet to corner in the center of said S.R. 1125 with CEBCO and Canal
Wood; thence with line with CEBCO Construction, Inc., according to survey and map dated June 23,
1995, and recorded in Plat Cabinet F Slide 433B, Harnett County Regisfly, North 05 degrees 08 minutes
32 seconds West (passing an axle corner at 38.65 feet) a total distance of 1,965.09 feet to an axle, corner
with said CEBCO; thence North 43 degrees 28 minutes 02 seconds East 2,449. 00 feet to an axle, corner
17
081715a HC BOC Page 40
with said CEBCO; thence North 46 degrees 47 minutes 29 seconds West 1,230 feet to an axle, corner
with said CEBCO; thence North 73 degrees 09 minutes 07 seconds West 3,337.13 feet to an axle near the
edge of the eastem right-oj--way of State Road No. 1117, and continuing, North 73 degrees 09 minutes 07
seconds West 29.65 feet to the center line of said S.R. No. 1117, "Nursery Road", said point being near
Union Methodist Church and nearly opposite the centerline of S.R No. 1177 "Pate Road", if extended;
thence along the centerline of said State Road No. 1117, the following courses and distances: North 25
degrees 30 minutes 49 seconds East 396.38 feet; and a curve with a radius of 1, 696.71 feet, a central
angle of 36 degrees 50 minutes 07 seconds, a distance of 1, 090.81 feet; and North 62 degrees 20 minutes
56 seconds East 643.54 feet; and a cw-ve with a radius of 1,291.23 feet, a central angle of 29 degrees 05
minutes 19 seconds, a distance of 655.55 feet; and, North 33 degrees 20 minutes 12 seconds East 242.23
feet to nail in center line ~f said S.R No. 11 17; thence, departing said centerline, North 53 degrees 46
minutes 38 seconds East 137 feet to an iron pipe corner; thence North 38 degrees 24 minutes 19 seconds
East 174.35 feet to iron pipe corner; thence North 15 degrees 18 minutes 55 seconds East 206 feet to
point in the centerline of said S.R. No. 1117, "Nursery Road"; thence with the centerline of said S.R. No.
1117, North 33 degrees 20 minutes 12 seconds East 294.62 feet to another point in said centerline; thence
a curve with a radius of 3,217.24 feet and a central angle of 16 degrees 19 minutes 50 seconds, a distance
of 876.98 feet to the beginning a cotton spindle also in the centerline of said S.R. 1117, containing
approximately One Thousand One Hundred Thirteen acres, more or less.
Excepting and Excluding however that 88.81 acres conveyed to Shm.v as set forth on Map #2005 Page
629 and Lots 2,3 and 4 consisting of 3.03 acres also conveyed to Shaw as set forth on Map #98 Page 334,
Harnett County Registry.
The above described property is a portion of that property as described in that deed from W R. Johnson
to Walter Lee Johnson, dated January 4, 1937 recorded in Book 266, Page 188 of the Registry of Harnett
County and that property described in deed by Mollie G. Cain dated August 12, 1971 (approximately 50
acres) recorded in Book 561, Page 82 of the Registry of Harnett County.
The above described real property parcel is the same tract that was conveyed to Harnett Forward
Together Committee in that deed recorded in Book 2193, Page 653, Harnett County Registry. This tract
is subject to that Conservation Declaration recorded in Book 3015, Page 396, Harnett County Registry.
LESS AND EXCEPT THE FOLLOWING TRACT:
That 204.10 acre tract known as Anderson Creek Park, Phase 1 as shown on that map recorded in Map
No. 20Jl-670 which was conveyed to the County of Harnett in that deed recorded in Book 3015, Page
407, Harnett County Registry.
18
081715a HC BOC Page 41
EXHIBITB
Purchase Price Itemization
Itemization of Sellers' outstanding indebtedness to be paid and satisfied as Purchase Price
for Property; pay off balance amounts to be updated and confirmed for date of closing:
1. Loan No. 316208 dated July 12, 2006 from Harnett Fornrard Together Committee
(HFTC) to The Fidelity Bank (Lender) secured by properties owned by HFTC, Western
Harnett Industrial Park, Inc. (WHIP) and Emmett Edgerton Industrial Properties, Inc.
(EEIP) in that Deed of Trust recorded in Book 2252, Page 916, Harnett County Registry.
Note: That in order to extend the maturity date of this loan, Harnett County paid
$558,802.72 on May 19,2015 to HFTC which was applied to its loan balance leaving the
pay off balance amount hereinafter stated.
Balance on August 31,2015 = $2,205,121.32; per diem $361.7918
2. Loan No. 605423975 dated December 22, 2009 from HFTC to PNC Bank, NA successor
to RBC Bank USA (Lender) secured by Anderson Creek Park property owned by HFTC
in that Deed ofTrust recorded in Book 2701, Page 122, Harnett County Registry.
Balance on July 28, 2015 = $1,547,103.84; per diem $260.95
3. Loan No. 0001 dated April 30, 2014 from HFTC to George E. Womble, Trustee of the
Robert D. Womble Revocable Trust dated August 18, 2010 (Lender), secured by
Brightwater Business Park property Lots 3, 4, 5 & 6 owned by HFTC in that Deed of
Trust recorded in Book 3210, Page 950, Harnett County Registry.
Balance on August 31,2015 = $207,058.42; per diem $38.3561
4. Loan No. 006004360 dated July 29, 2004 from WHIP to The Fidelity Bank
(Lender) secured by Western Harnett Industrial Park property owned by WHIP in that
Deed of Trust recorded in Book 1963, Page 935, Harnett County Registry.
Balance on August 31, 2015 = $60,606.02; per diem $9.1568
19
081715a HC BOC Page 42
NORTH CAROLINA
INDEMNIFICATION AGREEMENT
HARNETT COUNTY
THIS INDEMNIFICATION AGREEMENT ("Agreement") is made and entered into this
__ day of August, 2015, by and between the County of Harnett, North Carolina, a political
subdivision ofthe State ofNorth Carolina ("County"), Harnett Fonvard Together Committee,
a North Carolina nonprofit corporation ("HFTC"), Emmett Edgerton Industrial Properties,
Inc., a North Carolina nonprofit corporation ("EEIP"), Western Harnett Industrial Park, Inc.,
a North Carolina nonprofit corporation ("WHIP") and Brightwater Properties, Inc., a North
Carolina nonprofit corporation ("BP");
WITNESSETH:
WHEREAS, the County, HFTC, EEIP, WHIP and BP have been engaged in a public-
private partnership whereby HFTC, EEIP, WHIP and BP have sought to procure and develop
real property into industrial and commercial business parks in order to attract new business and
industry and to encourage the expansion of businesses and industries in Harnett County; to
recruit and procure the location of new business and industry in Harnett County, to aid in the
expansion of current businesses and industries in Harnett County, to increase the tax base, to aid
in the creation of recreation parks in Harnett County, and to create jobs for the citizens of Harnett
County, with financial and other assistance having been provided by the County for the above
purposes for approximately fifteen (15) years; and
WHEREAS, in furtherance of the public-private partnership, HFTC, EEIP, WHIP and/or
BP have acquired the Land, and have developed some of the Land as industrial and commercial
business parks, through the use of grants from local, state or federal governmental agencies or
entities or non-profit organizations and contributions from the County and loans from various
lending institutions; and
WHEREAS, during the public-private partnership, the County has provided HFTC,
EEIP, WHIP and BP with financial and other resources for use in carrying out their nonprofit
purposes and for the development, operation and sale of the Land; and
WHEREAS, various loans made to one or more of HFTC, EEIP, WHIP or BP have
matured or are about to mature and the County believes that it will be able to secure more
favorable interest rates and loan terms if it has ownership of the Land, rather than for HFTC,
EEIP, WHIP and/or BP to continue ownership of the Land with fmancial backing by the County;
and
WHEREAS, the County has requested that HFTC, EEIP and WHIP sell to the County
the Land for an amount equal to the payoff amounts of all loans owed by any of HFTC, EEIP or
WHIP on the Closing Date, as set forth in the Purchase Agreement; and
WHEREAS, HFTC, EEIP and WHIP have agreed to sell the Land to the County,
conditioned upon the County agreeing to indemnify and hold harmless the Indemnified Parties
Page 1 of 8
081715a HC BOC Page 43
for all the matters set forth in this Agreement and the County has agreed to indemnify and hold
harmless the Indemnified Parties as hereinafter set forth;
NOW, THEREFORE, in consideration of HFTC, EEIP and WHIP agreeing to sell to
the County the Land upon the terms and conditions requested by the County and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
agree as follows:
1. Preambles. The preambles to this Agreement are incorporated herein by
reference, the same as if fully set forth herein.
2. Statement of Intent. The County has requested that certain Indemnified Parties
sell and transfer to it the Land and restructure the public-private partnership between the County
and the Indemnified Parties that has existed for approximately fifteen (15) years. It is the intent
of the parties that the County shall be responsible for and hold the Indemnified Parties harmless
for any and all liabilities that are incurred or may be incurred, if any, pertaining to the sale of the
Land by the Indemnified Parties or the restructuring of the relationship between Harnett County
and the Indemnified Parties.
3. Land. Any reference to the "Land" made in this Agreement refers to the Land
more fully described in that certain Purchase Agreement of even date between the County,
HFTC, EEIP and WHIP, which is incorporated herein by reference, the same as if fully set forth
herein (the "Purchase Agreement").
4. Indemnification. The County covenants and agrees that it will indemnify,
defend and hold harmless HFTC, WHIP, EEIP and BP and any of their past, current and future
officers, directors, members, employees, volunteers, accountants, attorneys, consultants or
agents, successors and assigns (individually an "Indemnified Party" and collectively the
"Indemnified Parties") from and against any and all demands, claims, recovelies, obligations,
losses, damages, deficiencies and liabilities and all related costs, expenses (including reasonable
attorneys' and accountants' fees and disbursements), interest and penalties which any of them
shall incur or suffer which arise from, result from or relate to or are alleged to relate to any of the
following:
(a) Any matter pertaining to the transfer or sale of the Land including, but not limited
to:
(i) Any claim for commission or other compensation by any person or third
party, including, but not limited to, A vi sonY oung;
(ii) Any claim the Land was sold for less than fair market value;
(iii) Any adverse tax implications, if any;
(iv) Any claim that the sale of the Land violates the nonprofit and tax exempt
status of any Indemnified Party or any law or regulation pertaining
thereto;
(v) Any claim that such sale or transfer violates any grant (matching or
otherwise) previously received by the County or any Indemnified Party
Page 2 of 8
081715a HC BOC Page 44
from any local, state or federal governmental agency or entity or any
nonprofit organization or entity, including, but not limited to, the United
States Department of Commerce, the North Carolina Department of
Commerce, the North Carolina Rural Economic Development Center, Inc.,
the Golden LEAF Foundation.
(b) The O\Nnership, development or operation of the Land by any Indemnified Party
prior to the sale and transfer to the County.
(c) Any indebtedness of any Indemnified Party that is secured by the Land.
(d) The winding up ofthe legal, accounting and business affairs of any Indemnified
Party following the sale or transfer of the Land to the County, including, but not
limited to the forgiveness of any debt by and between any Indemnified Party.
(e) Any other liability, direct or indirect, of any Indemnified Party related to or
associated with the restructuring ofthe relationship between the County and any
Indemnified Party.
4.1 Indemnification Exclusion. Specifically excluded from the County's indemnification
obligation is any willful and intentional unlawful or criminal misconduct committed by an Indemnified
Party which is pertaining to any one or more of those matters hereinabove listed.
5. Settlement of Claims.
5.1. Notice. If any third party claim that is covered by Section 4 above is made against an
Indemnified Party, the Indemnified Party shall give prompt written notice of such claim (the
"Indemnity Notice") to the County. Failure to give or delay in giving the Indemnity Notice shall
not relieve the County of its obligation to indemnify unless, and to the extent that, the County is
materially prejudiced by the failure or delay.
5.2. Defense and Settlement.
(a) Upon receipt by the County of the Indemnity Notice, the County shall have the
responsibility of defending the claim, and all expenses (including attorneys' fees) incurred in
connection therewith shall be paid by the County, and shall notify the Indemnified Party of its
intention to defend within ten (1 0) days of receipt of notice. The Indemnified Party shall have the
right to be represented by counsel at the expense of the County. If the County defends the claim,
it shall have the exclusive right to settle any such matter, either before or after the initiation of
litigation, at such time and upon such terms as it deems fair and reasonable, provided that the
County, except with the consent of the Indemnified Party, shall not consent to entry of judgment
or enter into any settlement that involves injunctive relief against the Indemnified Party or does
not include an unconditional release by the claimant to the Indemnified Party from all liability in
respect to such matter.
(b) If a claim under Section 4 is not defended by the County the Indemnified Party shall
give notice to the County of the amount of the expenses (including reasonable attorneys' fees)
Page 3 of8
081715a HC BOC Page 45
incurred with respect to such claim, on a monthly basis, and the County shall remit such amount
to the Indemnified Party promptly, including, but not limited to the amount of any judgment or
settlement in the matter. References herein to costs and attorneys' fees shall also include all costs
and attorneys' fees incurred in appeals.
6. Miscellaneous.
6.1. Notices. Any notice contemplated by this Agreement must be in writing, addressed
as set forth below and shall be either (a) sent by overnight delivery using a nationally recognized
overnight courier, in which case the notice shall be deemed delivered one business day after
deposit with the courier; (b) sent by personal delivery, in which case the notice will be deemed
delivered on the date of delivery; or (c) sent by facsimile or e-mail, in which case the notice shall
be deemed delivered upon confirmed transmission of such notice; provided that no later than the
next business day after the facsimile or e-mail is sent, a hard copy of the facsimile or e-mail
transmission is sent in the manner set forth in (a) or (b) of this Section. Either party may change
its address by giving the other party five days advance written notice of that change. Notices
shall be addressed as follows:
If to the County:
County of Harnett, North Carolina
Attn: County Manager
102 E. Front Street
Lillington, North Carolina 27546
Facsimile-910-814-2662
Email: ijeffries(q')harnett.org
With a copy to:
Dwight W. Snow, Esquire
Post Office Box 397
Dunn, North Carolina 28335
Facsimile-910-892-5487
Email: dwightsnow(x.nc.rr.com
If to HFTC:
Harnett Forward Together Committee
George Womble
President
Post Office Box 1270
Lillington, North Carolina 27546
Facsimile--------------------
Email: gwomblc1?',\vomhlercaltv.nct
Page 4 of 8
081715a HC BOC Page 46
Ifto WHIP:
Western Harnett Industrial Park, Inc.
Attn: James H. Randolph, III
President
Post Office Box 1270
Lillington, North Carolina 27546
Facsimile-----------------------Email: jhr 1cf:aol.com
Ifto EEIP:
Emmett Edgerton Industrial Properties, Inc.
Attn: P. Tilghman Pope
President
Post Office Box 928
Dunn, North Carolina 28335
Facsimile-910-892-7275
Email: ~e~c~nc.rr.com
Ifto BP:
Brightwater Properties, Inc.
Attn: Norman F. Lewis, III
President
Post Office Box 1270
Lillington, North Carolina 27546
Facsimile------------------------Email: nfllll@embarqmail.com
Any Notice to HFTC, WHIP, EEIP or BP shall be copied to:
P. Tilghman Pope, Esquire
POPE LAW GROUP, P.A.
Post Office Box 928
Dunn, North Carolina 28335
Facsimile-910-892-7275
Email: tilghmanpopel~nc.rr.com
6.2. Governing Law. This Agreement shall be governed by and construed and enforced in
accordance with the laws of the State of North Carolina. The section headings contained herein
are for reference purposes only and shall not in any way affect the meaning or interpretation of
this Agreement This Agreement has been produced by negotiation of the parties and the rule of
construction against the interest of the drafter shall not apply.
Page 5 of 8
081715a HC BOC Page 47
6.3. Modification. This Agreement may be amended, modified, superseded, or canceled
only by a v..Titten instrument executed by all of the parties hereto. Notice cr knowledge of any
matter shall not constitute a waiver of any representation or warranty with respect to such matter.
The waiver by any party of any breach of any provision shall not be construed as a waiver of any
other provision by such party. Each party shall have the right to waive fulfillment of a condition
or covenant or compliance with a representation or warranty of which it is the beneficiary, but
such waiver may be made only by written instrument executed by such party.
6.4. Entire Agreement. All understandings and agreements of the parties are merged into
this Agreement and the instruments and agreements specifically referred to herein.
6.5. Successors. This Agreement inures to the benefit of and shall be binding on each of
the parties hereto or any of them, their respective representatives and successors; provided,
however, this Agreement and the rights and obligations hereunder shall not be assignable by any
party.
6.6. Counterparts. This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original and all of which together shall constitute one and the same
instrument.
6.7. Severability. In the event any provisiOn of this Agreement is deemed to be
unenforceable, the remainder of this Agreement shall not be affected thereby and each provision
hereof shall be valid and enforced to the fullest extent permitted by law.
6.8 Survival. The covenants and agreements made in this Agreement shall survive the
closing on the purchase of the Land by the County from HFTC, EEIP and WHIP pursuant to the
Purchase Agreement.
6.9 Consideration. The County acknowledges that it has received adequate and just
consideration for the covenants and agreements made by it in this Agreement, including, but not
limited to the agreement of HFTC, EEIP and WHIP to sell the Land pursuant to the Purchase
Agreement, which was conditioned on the County agreeing to the terms of this Agreement.
6.1 0 Legal Opinions. Legal counsel for the County shall provide a legal opinion
letter to the Indemnified Parties that this Agreement has been duly approved by the Harnett
County Board of Commissioners and constitutes a legal, binding and enforceable obligation of
the County. Legal counsel for the Indemnified Parties shall provide a legal opinion letter to the
County that this Agreement has been duly approved by the Board of Directors of each
Indemnified Party and constitutes a legal, binding and enforceable obligation of the Indemnified
Parties.
6.11 Expenses. The County agrees to pay all expenses associated with or related to
the acquisition of the Land, restructuring of the relationship between the parties (including the
winding up and dissolution of some or all the parties), which shall include all legal, accounting
or other fees incurred by any Indemnified Party. If any party has to institute legal action to
Page 6 of8
081715a HC BOC Page 48
enforce the terms of this Agreement, the prevailing party as determined by the judge presiding
over such matter shall be entitled to recover all costs and expenses associated with said legal
action, including, but not limited to reasonable attorney's fees. In the event the County alleges
any willful and intentional unlawful or criminal misconduct by any Indemnified Party and
initiates any investigation and the Indemnified Party is found not to have committed any willful
and intentional unlawful or criminal misconduct, the County shall reimburse the Indemnified
Party all expenses in defending the investigation, including, but not limited to reasonable
attorney's fees and further will provide the Indemnified Party with a written apology to be
approved by the Indemnified Party and pay the cost of publishing said apology in full page form
in three local or State ofNorth Carolina newspapers of the Indemnified Party's choice.
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly
authorized officers as of the date first written down.
COUNTY OF HARNETT, NORTH
CAROLINA
BY:
Date:
__________ (SEAL)
Jim Burgin
Chairman ofBoard of Commissioners
HARNETT FORWARD TOGETHER
COMMITTEE
BY:
Date:
__________ (SEAL)
George Wamble
President
WESTERN HARNETT INDUSTRIAL PARK,
INC.
BY:
Date:
__________ (SEAL)
James H. Randolph, III
President
Page 7 of 8
081715a HC BOC Page 49
EMMETT EDGERTON INDUSTRIAL
PROPERTIES, INC.
BY:
Date:
------~---(SEAL)
P. Tilghman Pope
President
BRIGHTWATERPROPERTIES, INC.
BY:
Date:
----=----=---==------(SEAL)
N onnan F. Lewis, III
President
Page 8 of8
081715a HC BOC Page 50
Prepared by and mail to: Attorney Dwight W. Snow, P.O. Box 397, Dunn, NC 2833 5
EXCISE TAX: $ ___ _
Parcel ID Nos.:
Parcell: Parcel ID Nos.: 110650 0005; 110650 0005 03; 110650 0005 05
Parcel2: Parcel ID Nos.: 110650 0008 10 through 110650 000813
Parcel 3: Parcel ID Nos.: 03 9576 0035; 03 9576 0035 02 through 03 9576 0035 26
Parcel4: Parcel ID No.: 021505 0106
Parcel5: Parcel ID No.: 010536 0028
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED, made this ___ day of August, 2015, by and between:
HARNETT FORWARD TOGETHER COMMITTEE,
a North Carolina nonprofit corporation
P.O. Box 1270
Lillington, N.C. 27546;
WESTERN HARNETT INDUSTRIAL PARK, INC.,
a North Carolina nonprofit corporation
P.O. Box 1270
Lillington, N.C. 27546;
and
EMMETT EDGERTON INDUSTRIAL PROPERTIES, INC.,
a North Carolina nonprofit corporation
P.O. Box 1270
Lillington, N.C. 27546
hereinafter called GRANTORS, and
1
081715a HC BOC Page 51
COUNTY OF HARNETT, NORTH CAROLINA,
a political subdivision of the State of North Carolina
P.O. Box 759
Lillington, N.C. 27546
hereinafter called GRANTEE.
W I TN E S S E T H:
That the Grantors, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents do grant, bargain, sell and convey, subject to the easements,
restrictions, reservations, covenants, and other exceptions set forth below unto Grantee in fee simple, subject to
the Exceptions, all those certain parcels of land situated in Harnett County, North Carolina and more
particularly described as follows:
SEE ATTACHED EXHIBIT A FOR REAL PROPERTY PARCEL DESCRIPTIONS
All or a portion of the properties herein conveyed do not include the primary residence of a Grantor.
(N.C. Gen. Stat. §105-317.2).
TO HAVE AND TO HOLD, subject to the Exceptions, the aforesaid lots or parcels of land and all
privileges and appurtenances thereto belonging to the Grantee in fee simple.
And the Grantors covenant with the Grantee, that Grantors are seized of the premises in fee simple,
have the right to convey the same in fee simple, that title is marketable and free and clear of aU encumbrances,
and that Grantors wiB warrant and defend the title against the lawful claims of all persons whomsoever except
for the Exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following Title Exceptions:
SEE ATTACHED EXHIBIT B FOR TITLE EXCEPTIONS
IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, the day and year first
above written.
2
081715a HC BOC Page 52
STATE OF NORTH CAROLINA
HARNETT COUNTY
HARNETT FORWARD TOGETHER COMMITTEE
a North Carolina nonprofit corporation
By:
George Womble, President
I, , a Notary Public of such County and State, certify that George Womble
personally came before me this day and acknowledged that he is president of Harnett Forward Together
Committee, a North Carolina nonprofit corporation, and that he, as president being authorized to do so,
executed the foregoing on the Corporation's behalf.
WITNESS my hand and official stamp or seal, this __ day of August, 20 I 5.
Notary Public
My commission expires: ______ _
3
081715a HC BOC Page 53
STATE OF NORTH CAROLINA
HARNETT COUNTY
WESTERN HARNETT INDUSTRIAL PARK, INC.
a North Carolina nonprofit corporation
By:
James H. Randolph HI, Presidenl:
I, , a Notary Public of such County and State, certifY that James H.
Randolph III, personally came before me this day and acknowledged that he is president of Western Harnett
Industrial Park, Inc., a North Carolina nonprofit corporation, and that he, as president being authorized to do
so, executed the foregoing on the Corporation's behalf.
WITNESS my hand and official stamp or seal, this __ day of August, 20 I 5.
Notary Public
My commission expires: ______ _
4
081715a HC BOC Page 54
STATE OF NORTH CAROLINA
HARNETT COUNTY
EMMETT EDGERTON INDUSTRIAL PROPERTIES, INC.
a North Carolina nonprofit corporation
By:
P. Tilghman Pope, President
I, , a Notary Public of such County and State, certifY that P. Tilghman
Pope, personally came before me this day and acknowledged that he is president of Emmett Edgerton
Industrial Properties, Inc., a North Carolina nonprofit corporation, and that he, as president being authorized to
do so, executed the foregoing on the Corporation's behalf.
WITNESS my hand and official stamp or seal, this __ day of August, 2015.
Notary Public
My commission expires: ______ _
5
081715a HC BOC Page 55
EXHIBIT A
Property Descriptions
PARCEL 1: BRIGHTWATER BIOTECHNOLOGY AND MEDICAL CENTER PA~.I( (PORTION)
OWNED BY HARNETT FORWARD TOGETHER COMMITTEE
Parcel ID Nos.: 110650 0005; 110650 0005 03; 110650 0005 05
Beginning at an existing iron stake in the northern right of way margin of US. Highway 401 which said
existing iron stake is the southernmost point of the Salmon and Maus tract as shown 0-11 that survey recorded
as Map No 98-567, Harnett County Registry; thence from said Beginning Point and running with the right of
way margin of US. Highway 401 North 51 degrees 26 minutes 28 seconds West 1,841. 68 feet through an
existing concrete monument to a point; thence a new line with the boundary of the Gerald Johnson property
(Book 392, Page 198, Harnett County Registry) North 38 degrees 32 minutes 23 secorJ.ds East 417.89 feet to
an existing iron pipe; thence North 51 degrees 14 minutes 35 seconds West 316.32 feet to a point in the
southeastern right of way margin ofNCSR 1436 (Matthews Road) a 60 foot right of way; thence running with
the southeastern right of way margin ofNCSR 1436, North 39 degrees 40 minutes 26 seconds East 490.62 feet
to a point; thence North 36 degrees 59 minutes 05 seconds East 61.03 feet to a point; thence North 32 degrees
38 minutes 47 seconds East 83. 77 feet to a new iron stake; thence a new line South 88 degrees 46 minutes 12
seconds East 1,676.00 feet to an existing square iron; thence South 88 degrees 54 minutes 31 seconds East
902.92feet to an existing iron pipe; thence South 88 degrees 41 minutes 32 seconds East 903.53 feet to an
existing axle; thence South OJ degree 02 minutes 06 seconds West 730.38 feet through an existing iron stake to
an existing concrete monument; thence South 60 degrees 40 minutes 49 seconds West 1150.49 feet to an
existing concrete monument; thence South 60 degrees 39 minutes 30 seconds West 44 7.47feet to an existing
iron stake; thence South 60 degrees 48 minutes 32 seconds West 1195.43 feet through an existing iron stake to
the POINT OF BEGINNING containing 129.10 acres more or less.
The above described tract is a portion of that 138.55 acre tract as shown on that survey dated 12114/98 by
Mickey R. Bennett, PLS recorded as Map No. 98-567 Harnett County Registry less that 8.04 acre tract
designated as Tract I and the 60 foot wide right of way area for NCSR 1436 (Matthews Road) as shown on
that survey dated 6112/06 by Mickey R. Bennett, PLS recorded as Map No. 2006-514, Harnett County
Registry. This is the same tract conveyed to Harnett Forward Together Committee in that deed recorded in
Book 2252, Page 911, Harnett County Registry.
LESS AND EXCEPT THE FOLLOWING TRACTS:
a) That conveyance to Harnett Health System, Inc. recorded in Book 2567, Page 888, Harnett County
Registry.
b) That conveyance to Harnett Health Investors, LLC recorded in Book 3036, Page 996, Harnett County
Registry.
c) That real property described in that conveyance included in that Memorandum of Ground Lease
recorded in Book 2971, Page 811 Harnett County Registry from Harnett Forward Together
Committee (Ground Landlord) to Red Rock Harnett, LLC (Ground Tenant) which said real property
is Lot 5 containing 4.520 acres with certain easements as shown on Map Book 2012, Page 34,
Harnett County Registry.
d) That Deed For Highway Right ofWay to the North Carolina Department ofTransportation recorded
in Book 2960, Page 368, Harnett County Registry.
6
081715a HC BOC Page 56
PARCEL 2: BRIGHTWATER BUSINESS PARK (PORTION) OWNED BY
HARNETT FORWAR.JJ TOGETHER COMMITTEE
Parcel ID Nos.: 110650 000810 through 110650 000813
BEING all of that 19.01 acres (828,063 square feet) real property tract as shown on t.l1at map dated May 27,
2009 entitled, ''Division Map Prepared For Harnett Forward Together Committee" which is recorded in Map
l-/o. 2009-336, Harnett County Registry. This is the same tract conveyed to Harnett Forward Together
Committee in that deed recorded in Book 2634, Page 618, Harnett County RegistJy.
LESS AND EXCEPT THE FOLLOWING TRACTS:
a) Those conveyances to First Choice Community Health Centers recorded in Book 2750, Page 217 and
Book 2853, Page 342, Harnett County Registry.
b) That conveyance to the State of North Carolina recorded in Book 3058, Page 754, Harnett County
Registry.
PARCEL 3: WESTERN HARNETT INDUSTRIAL PARK (PORTION) OWNED BY
WESTERN HARNETT INDUSTRIAL PARK, INC.
Parcel ID Nos.: 03 9576 0035; 03 9576 0035 02 through 03 9576 0035 26
BEING all of New Tract #2 (235.27 acres) as shown on that plat entitled, "Recombination Map Western
Harnett Industrial Park" dated June 28, 2004 by Joe E. Godwin, Sr., PLS which is recorded in Map Nos.
2004-650, 652, 654, 656 and 658, Harnett County Registry.
This is the same property that was conveyed to Western Harnett Industrial Park, In.c. in two tracts in that deed
recorded in Book 1642, Page 53, Harnett County Registry, less the conveyance to Harnett County in that deed
recorded in Book 1923, Page 948, and subsequently conveyed to the Trustees at CentJ·al Carolina Community
College in that deed recorded in Book 1923, Page 953, Harnett County Registry.
PARCEL 4: EMMETT EDGERTON II INDUSTRIAL PARK (PORTION) PROPERTY OWNED BY
EMMETT EDGERTON INDUSTRIAL PROPERTIES, INC.
Parcel ID No.: 021505 0106
BEING all that 90.86 acre tract of real property located off US. Highway 301 South of the City of Dunn in
Averasboro Township, Harnett County as shown on that map dated March 13, 2002 by Joe E. Godwin, Sr.,
PLS which is recorded as Map No. 2002-313 and 315, Harnett County Registry. This is the same tract
conveyed to Emmett Edgerton Industrial Properties, Inc. in that deed recorded in Book 1610, Page 584,
Harnett County Registry.
LESS AND EXCEPT THE FOLLOWING TRACT:
That conveyance to Oldcastle APG South, Inc. which is recorded in Book 2373, Page 878, Harnett County
Registry.
7
081715a HC BOC Page 57
PARCEL 5: ANDERSON CREEK WEST PARK (PORTION) OWNED BY
HARNETT FORWARD TOGETHER COMMITTEE
Parcel ID No.: 010536 0028
Beginning in the center of State Road No. 1117, "Nurse1y Road", said point being corner with grantor herein
with Waters according to survey and map dated January 11, 1996, and recorded ih Plat Cabinet F Slide
514B, Harnett County Registly, and runs thence with line of grantor and Waters, South 81 degrees 47 minutes
15 seconds East 2,285.56feet to corner with Waters; thence with Waters line, North 45 degrees 46 minutes 46
seconds East 1,800.00 feet to new corner with Waters, grantor herein and Butler; thence with line with Butler,
South 44 degrees 14 minutes 24 seconds East 1,819.97 feet to an existing axle, and continuing, South 44
degrees 18 minutes 23 seconds East 1,372.37 feet to an existing concrete monument; thence South 47 degrees
15 minutes 29 seconds East 269.81 feet to existing Overhills concrete monument, corner with Butler and
Ronald Johnson; thence with line with said Ronald Johnson, South 44 degrees 16 minutes 34 seconds West
1, 662.63 feet to existing Over hills concrete monument; continuing with Ronald Johnson line, South 43 degrees
58 minutes 52 seconds West 805.45 feet to existing granite monument with said Johnson; thence with another
Johnson line, North 88 degrees 59 minutes 15 seconds East 826.66feet to an existing concrete monument with
Johnson: thence South 13 degrees 50 minutes 06 seconds East 1,992.02 feet to an existing concrete
monument; thence with another line with Johnson, South 89 degrees 54 minutes 40 seconds East 844.58feet
to an existing concrete monument; thence another line with Johnson, North 48 degrees 37 minutes 49 seconds
East 828.92feet to an iron axle; thence South 1 degrees 10 minutes 05 seconds East 344.82feet, passing an
iron axle at the western edge of the right-of-way, to the center line of SR. No. 1126 "Powell Road"; thence
with the center line of said S.R. 1126, South 16 degrees 29 minutes 07 seconds West 3,283.2feet to corner in
center line of said S.R. No. 1126 with Black and others; thence North 48 degrees 48 minutes 37 seconds West,
passing iron pipe corner at the western edge of right-of-way and at corner with Cecil Smith land, a total
distance of834.15 feet to existing Overhills concrete monument; thence with Smith line, North 76 degrees 30
minutes 41 seconds West 565.16 feet to existing iron pipe, corner with Smith and W. A. Shaw, formerly
Evelyn Black; thence with line with Shaw, North 86 degrees 32 minutes 43 seconds West 1, 080. 78 feet to
existing iron pipe corner; thence North 86 degrees 26 minutes 08 seconds West 879.8foet to existing iron pipe
corner with Shaw tract; thence North 87 degrees 29 minutes 22 seconds West 834. 7 5 feet to Over hills concrete
monument; thence North 87 degrees 24 minutes 27 seconds West 1,996.63 feet to another Over hills Concrete
monument, corner with Shaw tract; thence with said Shaw tract, South 05 degrees 08 minutes 41 seconds East
2,162.36feet to an existing granite monument near the edge ofthe right-of-way; thence South 05 degrees 08
minutes 41 seconds East 46.64 feet to the centerline of State Road No. 1125, "Black Road"; thence with the
centerline of said SR. No. 1125, North 66 degrees 52 minutes 47 seconds West 669.9 feet to corner in the
center of said SR. 1125 with CEBCO and Canal Wood; thence with line with CEBCO Construction, Inc.,
according to survey and map dated June 23, 1995, and recorded in Plat Cabinet F Slide 433B, Harnett
County Registly, North 05 degrees 08 minutes 32 seconds West (passing an axle corner at 38.65 feet) a total
distance of 1,965. 09 feet to an axle, corner with said CEBCO; thence North 43 degrees 28 minutes 02 seconds
East 2,449. 00 feet to an axle, corner with said CEBCO; thence North 46 degrees 47 minutes 29 seconds West
1,230feet to an axle, corner with said CEBCO; thence North 73 degrees 09 minutes 07 seconds West 3,337.13
feet to an axle near the edge of the eastern right-of-way ofState Road No. 1117, and continuing, North 73
degrees 09 minutes 07 seconds West 29.65 feet to the center line of said SR. No. 1117, "Nursery Road", said
point being near Union Methodist Church and nearly opposite the centerline of SR. No. 1177 "Pate Road",
if extended; thence along the centerline of said State Road No. 1117, the following courses and distances:
North 25 degrees 30 minutes 49 seconds East 396.38feet; and a curve with a radius of 1,696. 71 feet, a central
angle of36 degrees 50 minutes 07 seconds, a distance of 1, 090.81 feet; and North 62 degrees 20 minutes 56
seconds East 643.54feet; and a curve with a radius of1,291.23feet, a central angle of29 degrees 05 minutes
19 seconds, a distance of655.55 feet; and, North 33 degrees 20 minutes 12 seconds East 242.23 feet to nail in
center line of said SR. No. 1117; thence, departing said centerline, North 53 degrees 46 minutes 38 seconds
East 137 feet to an iron pipe corner; thence North 38 degrees 24 minutes 19 seconds East 17 4.35 feet to iron
pipe corner; thence North 15 degrees 18 minutes 55 seconds East 206 feet to point in the centerline of said
8
081715a HC BOC Page 58
SR. No. 1117, "Nursery Road"; thence >t'ith the centerline of said S.R. No. 111 ?, North 33 degrees 20
minutes 12 seconds East 294.62 feet to another point in said centerline; thence a curve with a radius of
3,217.24 feet and a central angle of 16 degrees 19 minutes 50 seconds, a distanc-e of 876.98 feet to the
beginning a cotton spindle also in the centerline of said S.R. 1117, containing appro:x: imately One Thousand
One Hundred Thirteen acres. more or less.
Excepting and Excluding however that 88.81 acres conveyed to Shaw as set forth on Map #2005 Page 629
and Lots 2,3 and 4 consisting of3.03 acres also conveyed to Shaw as set forth on Map #98 Page 334, Harnett
County Registry.
The above described property is a portion of that property as described in that deed fi·om W R. Johnson to
Walter Lee Johnson, dated January 4, 1937 recorded in Book 266, Page I 88 of the Registry of Harnett County
and that property described in deed by .Mollie G. Cain dated August 12, 1971 (approximately 50 acres)
recorded in Book 561, Page 82 of the Registry of Harnett County.
The above real property is the same tract that was conveyed to Harnett Forward Together Committee in that
deed recorded in Book 2193, Page 653, Harnett County Registry. This tract is subject to that Conservation
Declaration recorded in Book 3015, Page 396, Harnett County Registry.
LESS AND EXCEPT THE FOLLOWING TRACT:
That 204.10 acre tract known as Anderson Creek Park, Phase I as shown on that map recorded in Map No.
2011-670 which was conveyed to the County of Harnett in that deed recorded in Book 3015, Page 407,
Harnett County Registry.
LAND USE RESTRICTIVE COVENANT:
The above described Parcel 5 is conveyed specifically subject to a certain restrictive covenant as to the
use thereof, running with said land by whomsoever owned, said restrictive covenant, being as follows:
ParcelS is restricted to uses involving (a) parks and recreation, or (b) public education or (c) a YMCA or
similar type facility use or (d) forestry services or (e) wildlife management services.
The above referenced land use restrictive covenant may be enforced by HFTC or its successors or any
citizen of Harnett County.
Furthermore, this land use restrictive covenant may be modified by agreement between the County of
Harnett or any future owners of Parcel 5 or a portion thereof and HFTC or its successors as evidenced by
recorded instrument.
9
081715a HC BOC Page 59
EXHIBITB
Property Title Exceptions
10
081715a HC BOC Page 60
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updated 07/08/2015
Harnett County Department of Public Health
Activities Summary
Agenda Item I 0
081715a HC BOC Page 62
PLANNING SERVICES REPORT
NT Y
Statu~
081715a HC BOC Page 63
2
Table of Contents
I. Revenue Breakdown
Inspections:
Inspection Revenue…………………………………………………………………….….3
Planning:
Activity Report…………………………….……………………………………….………..4
Planning Revenue…………………………….……………………………….……………9
Cell Tower Revenue…………………………………………………………….…….…..10
Recreational Fees……………………………………………………………….…….…..11
A.M.P.I. ……………………………………………………………………………….…....12
Environmental Health:
E-Health Revenue…………………………………………………………………….…...13
Food & Lodging Revenue………………………………………………………………....14
Public Utilities:
Public Utilities Revenue……………………………………………………………..…….15
Fire Marshall:
Fire Marshall Revenue……………………………..………………………………….…..16
II. Applications & Permits
Permits:
Permits Issued By Month………………….…….…………………………………..…....17
Permits by SFH/Manufactured Homes…………………………………………………..18
Valuations:
Permit Valuations……………………………….…………………………….….…….…..19
III. Township Information:
Recreational Fee ……………………………………………………………………………..….....20
Lots…………………………………….….……………………………………………………..……21
Applications………………….……….………………………………………………………..…....22
081715a HC BOC Page 64
3
FY 09-10
FY 10-11
FY 11-12
FY 12-13
FY 13-14
FY 14-15
FY 15-16
$-
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun FY Total
FY 09-10 $86,771 $66,489 $93,014 $81,537 $61,148 $92,292 $81,129 $67,281 $103,548 $100,216 $79,804 $69,365 $982,594
FY 10-11 $87,913 $76,715 $58,124 $88,071 $101,297 $74,283 $71,218 $84,997 $80,399 $95,521 $187,293 $93,581 $1,099,412
FY 11-12 $80,637 $118,971 $122,574 $81,479 $85,075 $56,285 $71,908 $91,662 $83,841 $84,000 $113,049 $106,431 $1,095,912
FY 12-13 $125,159 $96,940 $79,878 $96,342 $92,119 $81,678 $130,365 $124,565 $82,768 $118,398 $111,644 $104,006 $1,243,862
FY 13-14 $127,150 $112,368 $61,868 $78,174 $61,113 $40,752 $94,942 $62,630 $89,368 $87,892 $104,572 $73,937 $994,766
FY 14-15 $84,601 $57,816 $66,542 $68,157 $53,422 $91,821 $70,415 $50,843 $92,279 $77,799 $108,736 $88,135 $910,566
FY 15-16 $83,159 $-$-$-$-$-$-$-$-$-$-$-$83,159
Inspection Revenue
FY 09-10
FY 10-11
FY 11-12
FY 12-13
FY 13-14
FY 14-15
FY 15-16
Angier and Lillington are not included in this
dataset. Angier contracts with HC Inspections at
$2,083 monthly. Lillington at $2,333 monthly.
*June inspection revenue does not include 56k in
inspection fees that have been waived for
Campbell University .
081715a HC BOC Page 65
4
Planning Activity Report For July 2015
Board Of Adjustments
Appeal Cell Tower Swmh / Dwmh PUD Commercial Variance Total
Monthly 3 2 5
Year To Date 0 0 3 0 0 0 5
Recreational Fees For Major Subdivisions
Townships Total For Month Year To Date Total (since f.y. 06)
Anderson Creek $ - $ - $ 990,500.00
Averasboro $ - $ - $ 6,500.00
Barbecue $ 500.00 $ 500.00 $ 352,500.00
Black River $ - $ - $ 29,500.00
Buckhorn $ - $ - $ -
Duke $ - $ - $ -
Grove $ - $ - $ -
Hectors Creek $ 10,500.00 $ 10,500.00 $ 77,500.00
Johnsonville $ - $ - $ 191,500.00
Lillington $ - $ - $ -
Neills Creek $ - $ - $ -
Stewarts Creek $ - $ - $ 77,500.00
Upper Little River $ - $ - $ 49,000.00
Totals $ 11,000.00 $ 11,000.00 $ 1,774,500.00
Preliminary Major Subdivisions
Townships Number Of Subdivisions By Month Number of Lots By Month YTD
Anderson Creek Approved 0
Reviewed & Placed On Hold 0
Averasboro Approved 0
Reviewed & Placed On Hold 0
Barbecue Approved 0
Reviewed & Placed On Hold 0
Black River Approved 0
Reviewed & Placed On Hold 0
Buckhorn Approved 0
Reviewed & Placed On Hold 0
Duke Approved 0
Reviewed & Placed On Hold 0
Grove Approved 0
Reviewed & Placed On Hold 0
Hectors Creek Approved 0
Reviewed & Placed On Hold 1 57 57
Johnsonville Approved 0
Reviewed & Placed On Hold 0
Lillington Approved 0
Reviewed & Placed On Hold 0
Neills Creek Approved 0
Reviewed & Placed On Hold 0
Stewarts Creek Approved 0
Reviewed & Placed On Hold 0
Upper Little River Approved 0
Reviewed & Placed On Hold 0
081715a HC BOC Page 66
5
Preliminary Major Subdivision Totals
Monthly
Number Of Subdivisions Number Of Lots
Approved 0 0
Reviewed & Placed On Hold 1 57
Year To Date
Number Of Subdivisions Number Of Lots
Approved 0 0
Reviewed & Placed On Hold 1 57
Final Major Subdivisions
Townships Number Of Subdivisions
Number of Lots By
Month YTD
Anderson Creek Approved 0
Reviewed & Placed On Hold 0
Averasboro Approved 0
Reviewed & Placed On Hold 0
Barbecue Approved 0
Reviewed & Placed On Hold 0
Black River Approved 0
Reviewed & Placed On Hold 0
Buckhorn Approved 0
Reviewed & Placed On Hold 0
Duke Approved 0
Reviewed & Placed On Hold 0
Grove Approved 0
Reviewed & Placed On Hold 0
Hectors Creek Approved 0
Reviewed & Placed On Hold 0
Johnsonville Approved 0
Reviewed & Placed On Hold 0
Lillington Approved 0
Reviewed & Placed On Hold 0
Neills Creek Approved 0
Reviewed & Placed On Hold 0
Stewarts Creek Approved 0
Reviewed & Placed On Hold 0
Upper Little River Approved 1 22 22
Reviewed & Placed On Hold 0
Final Major Subdivision Totals
Monthly
Number Of Subdivisions Number Of Lots
Approved 1 22
Reviewed & Placed On Hold 0 0
Year To Date
Number Of Subdivisions Number Of Lots
Approved 1 22
Reviewed & Placed On Hold 0 0
Minor Subdivisions
Monthly Number Of Subdivisions Number Of Lots
Approved 3 9
Year To Date Number Of Subdivisions Number Of Lots
Approved 3 9
081715a HC BOC Page 67
6
Exempt Subdivisions
Monthly Number Of Subdivisions Number Of Lots
Approved 15 23
Year To Date Number Of Subdivisions Number Of Lots
Approved 15 23
Flood Zone Permits Issued
Monthly 0
Year To Date 0
Zoning Inspections
Monthly 33
Year To Date 33
Manufactured Home Park License Issued
Monthly Number Of Parks Number Of Lots
Approved 5 60
Year To Date Number Of Parks Number Of Lots
Approved 5 60
Manufactured Home Park Inspections
Monthly Number Of Inspections 13
Year To Date Number of Inspections 13
Rezoning Requests
Monthly
Type Of Request P.B. Action C.C. Action
NONE Approved Approved
Denied Tabled
Year To Date
Total Number Of Requests P.B. Action C.C. Action
0 Approved Approved
Denied Tabled
Text Amendments/Ordinances
Monthly 0
Year To Date 0
Violations
Monthly Complaints Resolved Pending
3 2 1
Year To Date Complaints Resolved Pending
3 2 1
Commercial Site Plan Reviews
Monthly 3
Year To Date 3
Abandoned Mobile Home Project Initiative (A.M.P.I)
Monthly
S.W.M.H. D.W.M.H. TOTALS
Contracts 2 2
Removed 0
Year To Date
S.W.M.H. D.W.M.H. TOTALS
Contracts 0 2 2
Removed 0 0 0
081715a HC BOC Page 68
7
Special Project Activity
July 2015
New
A member of the Planning Staff attended a two day State sponsored Floodplain Management Workshop in
Wilmington.
Planning Staff continues to work with Land Design on the new Comprehensive Land Use Plan, concentrating
on an updated Land Use Map.
Three members of the Planning Staff attend the NC Association of Certified Zoning Officials Conference in Wilmington.
Ongoing
In respect to a NC Wildlife Resources Grant received by the County, Planning Staff is working with our specific
contractors for each portion of the grant as well as providing hard data for their use. Land Design, Inc. is approximately
80% complete on their tasks of interactive mapping and key area location. We anticipate both portions of this process to
be complete within 3 months. This grant has helped us parlay these resources into the proposed Land Use Plan.
Staff Reviewing Commercial Site Plans for:
New
1. Bunnlevel Solar Farm
2. Private Motorcycle Club
3. Drakes Landing
Ongoing
4. Independence Montessori School
5. Anderson Creek Club Pool & Clubhouse
6. Campbell Pointe Townhomes Phase II & III (77 units)
7. Hodges Chapel Church - expansion
8. Strickland’s Repair
Other
Development of the Problem Properties Task Force
081715a HC BOC Page 69
8
Upcoming
Harnett County Planning Board Meeting:
Monday, August 2, 2015
NO Meeting
Harnett County Board of Adjustment Meeting:
Monday, August 10, 2015
Conditional Use
1. BA-CU-23-15. Clyde Patterson & Moss Oak Investments, LLC / Florencia Gabriel-Vasquez. Two
Singlewide Manufactured Homes on an RA-30 Zoning District; Upper Little River Township; Pin # 0519-
42-4577.000; SR 1239 (Falcon Road).
2. BA-CU-24-15. Castle Rock REA / Diane Hart. A Singlewide Manufactured Home in an RA-30 Zoning
District; Grove Township; Pin # 0588-77-4219.000; SR 2006 (Crawford Road).
3. BA-CU-25-15. James R Wester / James H. Previtte & Emilie Schmidt. A Singlewide Manufactured Home
in an RA-30 Zoning District; Upper Little River Township; Pin # 0630-99-7185.000; Off SR 1257 (South
River Road on Spruce Lane).
4. BA-CU-26-15. Alex & Wanda Bayles. A Campground in an RA-30 Zoning District; Upper Little River
Township; Pin # 0631-06-5645.000; SR # 1257 (South River Road).
5. BA-CU-27-15. John & Jessica Miller / John Miller. Gunsmithing Services in an RA-20R Zoning District;
Barbecue Township; Pin # 9595-08-8846.000; Off SR # 1115 (Buffalo Lake Road in Carolina Lakes
Subdivision on Cutter Circle).
081715a HC BOC Page 70
9
FY 09-10
FY 10-11
FY 11-12
FY 12-13
FY 13-14
FY 14-15
FY 15-16
$-
$20,000
$40,000
$60,000
$80,000
$100,000
$120,000
$140,000
July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun FY Total
FY 09-10 $14,052 $8,355 $7,438 $11,755 $10,365 $8,095 $6,350 $9,575 $10,285 $12,455 $9,250 $8,370 $116,345
FY 10-11 $12,540 $7,980 $7,960 $12,205 $9,430 $7,230 $11,445 $7,850 $12,160 $9,880 $8,985 $8,860 $116,525
FY 11-12 $6,189 $35,772 $7,930 $9,305 $7,904 $7,745 $7,854 $12,517 $8,788 $10,035 $8,262 $13,917 $136,218
FY 12-13 $10,322 $10,414 $11,068 $10,615 $8,635 $7,243 $10,521 $10,539 $13,451 $16,832 $12,750 $7,033 $129,423
FY 13-14 $4,934 $5,470 $11,157 $7,156 $8,598 $8,791 $5,552 $11,063 $17,782 $10,291 $13,852 $6,160 $110,806
FY 14-15 $8,736 $6,978 $11,782 $9,902 $10,129 $9,818 $7,956 $5,393 $7,991 $29,870 $13,402 $13,404 $135,361
FY 15-16 $10,400 $-$-$-$-$-$-$-$-$-$-$-$10,400
Planning Fees
FY 09-10
FY 10-11
FY 11-12
FY 12-13
FY 13-14
FY 14-15
FY 15-16
jAngier is not included in this
dataset. Angier contracts with
HC Planning at $1,833
monthly.
081715a HC BOC Page 71
10
FY 09-10
FY 10-11
FY 11-12
FY 12-13
FY 13-14
FY 14-15
FY 15-16
$-
$20,000
$40,000
$60,000
$80,000
$100,000
$120,000
$140,000
$160,000
$180,000
July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun FY Total
FY 09-10 $-$-$-$-$-$4,300 $-$4,500 $49,500 $-$-$4,250 $62,550
FY 10-11 $4,500 $-$-$-$-$-$4,500 $-$-$-$-$-$9,000
FY 11-12 $-$15,000 $-$-$5,000 $-$-$-$-$4,500 $4,500 $-$24,500
FY 12-13 $13,500 $4,500 $-$4,500 $40,000 $20,000 $18,500 $10,000 $5,000 $28,000 $20,000 $-$164,000
FY 13-14 $11,500 $1,000 $28,000 $6,500 $1,000 $2,000 $2,000 $1,000 $5,000 $3,000 $2,000 $4,000 $67,000
FY 14-15 $-$-$5,000 $8,000 $1,000 $-$1,000 $1,000 $1,000 $-$-$3,000 $20,000
FY 15-16 $2,000 $-$-$-$-$-$-$-$-$-$-$-$2,000
Cell Tower Fees
No cell tower fees were tracked prior to February of 02-03
FY 09-10
FY 10-11
FY 11-12
FY 12-13
FY 13-14
FY 14-15
FY 15-16
081715a HC BOC Page 72
11
FY 09-10
FY 10-11
FY 11-12
FY 12-13
FY 13-14
FY 14-15
FY 15-16
$-
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun FY Total
FY 09-10 $-$96,500 $15,000 $-$500 $-$15,000 $-$30,500 $-$9,500 $17,000 $184,000
FY 10-11 $-$20,000 $49,500 $-$5,500 $-$-$15,500 $23,000 $21,500 $-$13,000 $148,000
FY 11-12 $35,500 $-$-$35,000 $16,000 $-$92,000 $21,000 $129,000 $13,500 $500 $19,500 $362,000
FY 12-13 $-$55,000 $30,500 $3,500 $67,500 $11,000 $4,500 $-$-$15,000 $28,000 $-$215,000
FY 13-14 $7,500 $6,500 $59,000 $-$-$-$8,500 $-$-$26,500 $-$12,000 $120,000
FY 14-15 $18,000 $-$-$-$-$-$-$-$27,000 $-$-$-$45,000
FY 15-16 $11,000 $-$-$-$-$-$-$-$-$-$-$-$11,000
Recreational Fees
No recreational fees were tracked prior to October of FY 06-07
FY 09-10
FY 10-11
FY 11-12
FY 12-13
FY 13-14
FY 14-15
FY 15-16
081715a HC BOC Page 73
12
FY 09-10
FY 10-11
FY 11-12
FY 12-13
FY 13-14
FY 14-15
FY 15-16
$-
$2,000
$4,000
$6,000
$8,000
$10,000
$12,000
July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun FY Total
FY 09-10 $1,666 $561 $740 $1,964 $350 $-$868 $-$1,885 $1,600 $616 $-$10,249
FY 10-11 $1,359 $696 $1,050 $1,468 $1,035 $451 $958 $700 $584 $595 $721 $578 $10,195
FY 11-12 $-$250 $287 $-$-$-$-$-$350 $-$1,250 $-$2,137
FY 12-13 $1,576 $2,110 $52 $152 $1,022 $2,366 $2,071 $215 $-$-$70 $-$9,634
FY 13-14 $-$-$-$-$-$-$-$-$-$-$-$-$-
FY 14-15 $-$350 $298 $-$-$1,050 $550 $47 $1,625 $1,400 $723 $598 $6,641
FY 15-16 $-$-$-$-$-$-$-$-$-$-$-$-$-
Abandoned Manufactured Home Planning Initiative Fees
No A.M.P.I. fees were tracked prior to November of FY 05-06
FY 09-10
FY 10-11
FY 11-12
FY 12-13
FY 13-14
FY 14-15
FY 15-16
081715a HC BOC Page 74
13
FY 09-10
FY 10-11
FY 11-12
FY 12-13
FY 13-14
FY 14-15
FY 15-16
$-
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun FY Total
FY 09-10 $14,600 $14,900 $13,175 $10,600 $13,000 $9,600 $11,975 $18,375 $13,225 $16,975 $15,950 $13,875 $166,250
FY 10-11 $18,225 $11,075 $10,800 $7,000 $11,800 $5,300 $10,750 $11,675 $13,450 $10,400 $10,750 $16,100 $137,325
FY 11-12 $15,275 $22,525 $21,425 $26,650 $23,025 $11,175 $39,175 $21,550 $29,675 $23,700 $21,200 $32,150 $287,525
FY 12-13 $17,000 $31,250 $33,525 $18,450 $21,900 $19,450 $18,650 $58,425 $35,400 $30,150 $26,100 $22,075 $332,375
FY 13-14 $26,600 $30,775 $27,050 $22,750 $22,050 $22,800 $26,700 $19,900 $27,425 $25,225 $19,400 $28,350 $299,025
FY 14-15 $35,150 $17,850 $13,650 $24,900 $18,050 $11,050 $21,325 $27,675 $18,925 $20,225 $24,425 $30,900 $264,125
FY 15-16 $36,875 $-$-$-$-$-$-$-$-$-$-$-$36,875
Enviromental Health Revenue
Based upon fees received & processed through Central Permitting
FY 09-10
FY 10-11
FY 11-12
FY 12-13
FY 13-14
FY 14-15
FY 15-16
081715a HC BOC Page 75
14
FY 09-10
FY 10-11
FY 11-12
FY 12-13
FY 13-14
FY 14-15
FY 15-16
$-
$1,000
$2,000
$3,000
$4,000
$5,000
$6,000
July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun FY Total
FY 09-10 $800 $1,100 $200 $400 $-$400 $600 $200 $-$200 $400 $400 $4,700
FY 10-11 $600 $400 $1,000 $300 $400 $-$400 $400 $700 $300 $400 $700 $5,600
FY 11-12 $200 $800 $400 $400 $400 $200 $300 $-$500 $-$200 $-$3,400
FY 12-13 $400 $400 $-$800 $-$-$200 $400 $200 $400 $500 $200 $3,500
FY 13-14 $200 $200 $200 $-$-$-$-$-$400 $600 $200 $500 $2,300
FY 14-15 $400 $200 $-$-$-$200 $200 $400 $200 $200 $-$200 $2,000
FY 15-16 $-$-$-$-$-$-$-$-$-$-$-$-$-
Food & Lodging Revenue
Based upon fees received & processed through Central Permitting
No food & lodging fees were tracked prior to August FY 07-08
FY 09-10
FY 10-11
FY 11-12
FY 12-13
FY 13-14
FY 14-15
FY 15-16
081715a HC BOC Page 76
15
FY 09-10
FY 10-11
FY 11-12
FY 12-13
FY 13-14
FY 14-15
FY 15-16
$-
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun FY Total
FY 09-10 $48,335 $57,700 $40,520 $50,505 $50,905 $20,420 $51,285 $31,880 $54,305 $67,815 $24,445 $68,095 $566,210
FY 10-11 $35,200 $55,910 $38,055 $27,785 $34,900 $39,370 $18,270 $26,620 $63,290 $49,315 $51,650 $42,925 $483,290
FY 11-12 $47,475 $54,145 $54,300 $54,385 $43,490 $36,430 $33,255 $44,425 $32,040 $30,275 $39,815 $35,445 $505,480
FY 12-13 $34,995 $28,260 $39,940 $43,990 $33,320 $24,520 $27,515 $36,535 $48,965 $22,640 $44,285 $28,060 $413,025
FY 13-14 $25,085 $35,825 $36,690 $43,500 $17,725 $13,775 $27,605 $22,555 $39,485 $37,925 $20,570 $47,270 $368,010
FY 14-15 $35,025 $39,440 $31,860 $40,345 $15,795 $13,535 $18,950 $15,700 $24,110 $28,360 $31,910 $41,255 $336,285
FY 15-16 $54,695 $-$-$-$-$-$-$-$-$-$-$-$54,695
Plubic Utilities
FY 09-10
FY 10-11
FY 11-12
FY 12-13
FY 13-14
FY 14-15
FY 15-16
081715a HC BOC Page 77
16
FY 09-10
FY 10-11
FY 11-12
FY 12-13
FY 13-14
FY 14-15
FY 15-16
$0.00
$5,000.00
$10,000.00
$15,000.00
$20,000.00
$25,000.00
July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun FY Total
FY 09-10 $1,030 $1,455 $864 $2,118 $1,879 $2,508 $763 $897 $1,007 $2,313 $660 $1,949 $17,443
FY 10-11 $703 $1,106 $1,080 $1,346 $1,949 $2,461 $1,364 $1,907 $940 $1,059 $1,715 $542 $16,172
FY 11-12 $660 $2,181 $1,043 $615 $3,133 $4,235 $1,196 $1,407 $2,436 $581 $2,106 $1,337 $20,930
FY 12-13 $1,675 $1,534 $1,100 $835 $539 $702 $3,138 $693 $825 $1,193 $5,021 $1,279 $18,534
FY 13-14 $2,530 $1,594 $3,289 $1,722 $926 $725 $3,251 $862 $1,023 $650 $2,446 $741 $19,759
FY 14-15 $1,275 $1,745 $1,093 $1,370 $1,092 $783 $650 $1,327 $971 $1,203 $1,535 $1,912 $14,956
FY 15-16 $1,549 $-$-$-$-$-$-$-$-$-$-$-$1,549
Fire Marshall Fees
Based upon fees received & processed through Central Permitting
FY 09-10
FY 10-11
FY 11-12
FY 12-13
FY 13-14
FY 14-15
FY 15-16
081715a HC BOC Page 78
17
FY 09-10
FY 10-11
FY 11-12
FY12-13
FY 13-14
FY 14-15
FY 15-16
0
500
1,000
1,500
2,000
2,500
3,000
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun FY
Total
FY 09-10 242 219 274 305 188 209 218 200 231 290 290 234 2,900
FY 10-11 250 245 198 285 276 240 225 236 250 242 318 320 3,085
FY 11-12 192 250 207 197 223 160 172 222 218 219 222 275 2,557
FY12-13 265 241 219 210 199 182 254 251 201 267 259 235 2,783
FY 13-14 263 248 174 211 187 161 203 186 319 286 265 291 2,794
FY 14-15 298 227 188 200 183 250 213 143 278 294 303 285 2862
FY 15-16 268 0 0 0 0 0 0 0 0 0 0 0 268
Permits Issued By Month
Includes Building, Electrical, Plumbing, Mechanical, Insulation, Manufactured Homes & Single Family Dwellings
FY 09-10
FY 10-11
FY 11-12
FY12-13
FY 13-14
FY 14-15
FY 15-16
081715a HC BOC Page 79
18
Permit Type July Aug Sept Oct Nov Dec Jan Feb March April May June Totals
Manufactored Home 17 17
Single-Family 68 68
Total 85 0 0 0 0 0 0 0 0 0 0 0 85
0
10
20
30
40
50
60
70
80
90
July Aug Sept Oct Nov Dec Jan Feb March April May June Totals
SFH and Manufactured Home Permits Issued
Manufactored Home Single-Family Total
081715a HC BOC Page 80
19
FY 09-10
FY 10-11
FY 11-12
FY 12-13
FY 13-14
FY 14-15
FY 15-16
$-
$20,000,000
$40,000,000
$60,000,000
$80,000,000
$100,000,000
$120,000,000
$140,000,000
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun FY Total
FY 09-10 $11,379,224 $10,362,784 $10,638,492 $7,230,957 $9,428,102 $9,361,441 $8,443,143 $9,086,404 $8,810,094 $12,441,314 $9,830,598 $9,402,588 $116,415,14
FY 10-11 $11,252,733 $7,950,958 $8,345,311 $11,182,071 $10,872,478 $11,426,556 $8,228,678 $11,513,785 $14,305,568 $13,132,419 $13,407,863 $1,403,883 $123,022,30
FY 11-12 $11,473,930 $273,697 $9,121,214 $10,094,638 $8,891,826 $4,212,104 $7,595,696 $10,643,099 $7,896,499 $8,047,635 $15,469,436 $12,968,827 $106,688,60
FY 12-13 $6,648,277 $11,216,486 $8,186,483 $9,713,654 $8,884,669 $8,409,146 $14,682,203 $12,334,320 $12,393,618 $11,295,201 $9,394,109 $10,291,523 $123,449,68
FY 13-14 $13,270,018 $10,211,222 $5,736,233 $9,105,513 $5,639,513 $1,558,260 $6,553,020 $6,817,970 $10,994,367 $8,907,093 $8,492,767 $4,644,885 $91,930,861
FY 14-15 $6,124,175.$7,502,842.$2,815,257.$6,389,420.$3,479,358.$7,479,229.$6,177,814.$4,597,044.$11,668,501 $7,695,408.$15,950,923 $7,483,861.$87,363,832
FY 15-16 $11,494,102
Residential Application Valuation By Month
FY 09-10
FY 10-11
FY 11-12
FY 12-13
FY 13-14
FY 14-15
FY 15-16
081715a HC BOC Page 81
20
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
$900,000
$1,000,000
Anderson
Creek
Averasboro Barbecue Black River Buckhorn Duke Grove Hectors
Creek
Johnsonville Lillington Neills Creek Stewarts
Creek
Upper Little
River
Fees $990,500 $6,500 $352,500 $29,500 $0 $0 $0 $77,500 $191,500 $0 $0 $77,500 $49,000
Recreation Fees By Township (TOTALS SINCE 10/1/06)
No recreational fees were tracked prior to October of FY 06-07
081715a HC BOC Page 82
21
0
200
400
600
800
1000
1200
1400
1600
1800
2000
Anderson
Creek
Averasbor
o
Barbecue Black
River
Buckhorn Duke Grove Hectors
Creek
Johnsonvil
le
Lillington Neills
Creek
Stewarts
Creek
Upper
Little River
Lots 1981 13 705 59 0 0 0 118 383 0 0 155 98
Lots By Township (TOTALS SINCE 10/1/06)
No lots were tracked prior to October of FY 06-07
081715a HC BOC Page 83
22
0
5
10
15
20
25
Township Applications YTD 15-16
Demolition -
Add/Alter Residential -
Add/Alter Non-Residential -
Stores & Other Customer Service -
Office/Bank Plaza -
Hospitals, Institutions & Schools -
Commercial Activities -
Industrial, Public Works & Utilities -
Church or other Religious -
Amusement,Social or Recreational -
Hotels/Motels -
Munufactored Homes -
Multiple family Dwellings -
Duplex Dwellings -
Single family Dwellinngs -
Other non-residential -
081715a HC BOC Page 84
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p
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to
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5
7
9
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081715a HC BOC Page 89
Agenda Item / -----
234-7405-465 -BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2016:
Section 1. To amend the Harnett County WIOA Youth Program Fund, the appropriations are to be
changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
234-7405-465.35-01 Stipends/Bonuses 300
234-7405-465.35-27 Child Care 450
234-7405-465.32-72 Supportive Service 300
234-7405-465.35-26 Participant Cost 450
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
nditure in the above line items.
~fZ-/1-0 (;u[; ~(date)
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget
Officer and the Finance Officer for their direction.
Adopted this
Margaret Regina Wheeler
Clerk to the Board
day of
Jim Burgin, Chairman
Harnett County Board of Commissioners
081715a HC BOC Page 90
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be mode
to the annual budget ordinance for the fiscal year ending June 30, 2015
Section 1. To amend the Work force Development, the appropriations are to be changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
234-7 41 0-465-58-19 Harnett Adult Participant Travel $1,400
234-7 41 0-465-35-83 Harnett Adult Training Vouchers Auth $1,400
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION: To move funds to cover participant travel for the remoider of FY 14-15.
APPROVALS:
~..rf---15
~date) lN°lf-0\5
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Boord, and to the Budget Officer
Adopted __________________________________ __
Margaret Regina Wheeler,
Clerk to the Boord
Jim Burgin, Chairman
Harnett County Board of Commissioners
081715a HC BOC Page 91
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2016:
Section 1. To amend the General Fund, Public Buildings Department, the appropriations are to be
changed as follows:
[EXPENDITURE AMOUNT AMOUNT ..
! CODE NUMBER I DESCRIPTION OF CODE INCREASE DECREASE
r 110-4610-410-33.50 ! Co~tracted Services Mise $1,500
110-4610-410-33.45 Contracted Services $1,500
c-----------~-----------
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
f----
EXPLANATION: Move monies to pay for ALLDATA for garage.
( ~·;;-?'--a: -
DepartmdHead (date)
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the
Budget Officer and the Finance Officer for their direction.
Adopted this day of
Margaret Regina Wheeler,
Clerk to the Board
J 2015.
Jim Burgin, Chairman
Harnett County Board of Commissioners
081715a HC BOC Page 92
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2016:
Section 1. To amend the Emergency Telephone System Fund, the appropriations are to be changed as
follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-5901-420.41-11 Telephone & Postage $5,000
110-5901-420.43-16 Maint & Repair-Equipment $5,000
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION: Haven't got ok from Sheriff Dept to cancel backup paging lines, need to transfer funds to cover
760/205 circuits 60.UGXX.562409 .. CRLN & 60.UGXX.562410 .. CRLN
APPROVALS:
\. J.;s.._ ri{cuL f!· 3 -(•)
Department Head (date)
Section 2. Copies ofthis budget amendment shall be furnis ed to the Clerk to the Board, and to the
Budget Officer and the Finance Officer for their direction.
Adopted this day of
Margaret Regina Wheeler,
Clerk to the Board
,2015.
Jim Burgin, Chairman
Harnett County Board of Commissioners
081715a HC BOC Page 93
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2016:
Section 1. To amend the Emergency Telephone System Fund, the appropriations are to be changed as
follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
240-5900-420.44-21 Bldg & Equip -Rent $4,960
240-5900-420.43-16 Maint & Repair-Equipment $4,960
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION: Need to lease 6 additional CAD computer workstations (1 for EOC, 2 for backup workstations
at ES, 1 for training position at SHF and 2 for the dispatch center)
APPROVALS:
t1.~c--hla1.!--~~sl~r5
Department Head (date)
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the
Budget Officer and the Finance Officer for their direction.
Adopted this day of
Margaret Regina Wheeler,
Clerk to the Board
,2015.
Jim Burgin, Chairman
Harnett County Board of Commissioners
081715a HC BOC Page 94
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be
made to the annual budget ordinance for the fiscal year ending J11ne 30, 2016;
Section 1. To amend the General Fund, Health Department, the appropriations are to be changed as follows:
EXPENDITURE
CODE NUMBER
110-7552-441.58-18
110-7552-441.58-21
REVENUE
CODE NUMBER
EXPLANATION:
APPROVALS:
AMOUNT AMOUNT
DESCRIPTION OF CODE INCREASE DECREASE
Volunteer Travel $ 2,300.00
Contract Travel $ 2,300.00
AMOUNT AMOUNT
DESCRIPTION OF CODE INCREASE DECREASE
Budget Amendment to move funds from the Volunteer Travel Line to the Contract Travel Line
in the Nutrition Elderly budget in order to pay a contract employees travel.
section 2. Copies of this budget amendment shall be furnished to the Clerk of the Board, and to the Budget Officer and
the Finance Officer for their direction.
Adopted this
Margaret Regina Wheeler,
Clerk to the Board
day of ,2015
Jim Burgin, Chairman
Harnett County Board of Commissioners
081715a HC BOC Page 95
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 20U:
Section 1. To amend the General Fund, Public Buildings Department, the appropriations are to be
changed as follows:
~EXPENDITURE AMOUNT AMOUNT
CODE NUMBER ! DESCRIPTION OF CODE INCREASE DECREASE
110-4610-410-33.45 I· Contracted Services . $390
! 110-4610-410-43:16-----r Maint & repair equipment f ------$390
'
!
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPlANATION: Move monies to pay for ALLDATA for garage.
&2'-c:P-· ~6-S-~
DepartiT?ent Head (date) · ance 0 icer date)) I ~a ~date)
7(S\ lS
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the
Budget Officer and the Finance Officer for their direction.
Adopted this day of
Margaret Regina Wheeler,
Clerk to the Board
12015.
Jim Burgin, Chairman
Harnett County Board of Commissioners
)/ i
!
081715a HC BOC Page 96
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2016:
Section 1. To amend the Radio Upgrade Capital Project Fund, the appropriations are to be changed as
follows: te \Yolo
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
307-8300-420.46-10 Project/Vehicle Locate (local) $48,156
307-8300-420.90-10 Other Financing Uses/Tran/General Fund $48,156
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION: Decrease funds for Items previously funded in capital project #CP1406 that will be acquired
with departmental funds.
APPROVAlS:
f?c-&...&eLc.-KJ~ k .. .r
Department Head (date) I .-.l 'i-1 S
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the
Budget Officer and the Finance Officer for their direction.
Adopted this
Margaret Regina Wheeler
Clerk to the Board
day of
Jim Burgin, Chairman
Harnett County Board of Commissioners
081715a HC BOC Page 97
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the GoveTing Beard of the County of Hor'1elt. Norih Coro!ir.o 'hat the foilowing amendment be
f'Y'OOe ~o ~re or;r-,._,o~· b~..;dget ordronce fer tne frsca: year ending Jvne 30 2016:
Section 1. To amend the Higb.!ond M:da:e School Project CP~ 301 Fun a 331, the appropriations are to be
changed as follows:
HXPENDITURE \ AMOUNT ! AMOUNT
ODE NUMBER I DESCRIPTION OF CODE INCREASE DECREASE
.33 · -8300-48C-47--2i._____;:_urniture & Fixtve, Eq._::pment I ! $3,500
,13_;~8300~80-47-~ -~~ec_f1~~ ~o_m ! $3,500
· 331-830C-480-45.33 __,Materials & SL!fl~S ~$25-_000
'331 -::-8300-480-46-0 I Resia'"oiEqvit~ soles tax : $25,000
I
I
i I
i
---L
I I
! 'I
r
I
I
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION: To budget funds to cover remai'lder of supplies and equipment for Highla'ld Middle School
Proiect
APPROVALS:
section 2. Cop'es of th1s budget amendment shall be furnished to the Clerk to the Board. and to the Budget
Officer and the Finance Officer for t'1eir direction.
Adopted ____________________________________ __
Margaret Regina Wheeler,
Clerk to the Board
Jim Burgin, Chairman
Harnett County Board of Comm
I
081715a HC BOC Page 98
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015:
Section 1. To amend the General Fund, Public Buildings Department, the appropriations are to be
changed as follows:
~EXPENDITURE AMOUNT AMOUNT
I CODE NUMBER DESCRIPTION OF CODE INCREASE DECREAS~
110-4700-410-60.36 Uniforms $1,625
~10-4700-410-22.00 FICA Tax Expense I $1,625
REVENUE AMOUNT AMOUNT
CODE NUMBER 1 DESCRIPTION OF CODE INCREASE DECREASE
EXPlANATION: Move monies to purchase safety shoes for Public Building employees.
A Jv, '1124/14-' ~ 9v ~_?-:?-IJ 4~ ent Head (date) Fi na nee Ollie (date) 7 {o29t / L ;;-c;;utV~;;ag (date)
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the
Budget Officer and the Finance Officer for their direction.
Adopted this day of
Margaret Regina Wheeler,
Clerk to the Board
I 2015.
Jim Burgin, Chairman
Harnett County Board of Commissioners
081715a HC BOC Page 99
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the folhwing
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2016:
Section 1. To amend the General Fund, Cooperative Extension Adolescent Parenting Program, the
appropriations are to be changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-7319-465-58-14 Travel 150
110-7319-465-60-47 Food & Provisions 150
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION: To budget funds for programming in Adolescent Parenting program.
9-,e_~ ~-;J?-IJ
County Manager (date)
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the
Budget Officer and the Finance Officer for their direction.
Adopted this
Margaret Regina Wheeler
Clerk to the Board
day of
Jim Burgin, Chairman
Harnett County Board of Commissioners
\Ji
081715a HC BOC Page 100
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2016:
Section 1. To amend the General Fund, Emergency Medical Services Department, the appropriations are
to be changed as follows:
EXPENDITURE -----------~----------------------t----
CODE NUMBER DESCRIPTION OF CODE
AMOUNT AMOUNT \
INCREAS-E--1-----DECREASE ---j
----------+---------1
110-5401-420.1~~9()_ __ S_a~ari_e~ ~_yva~es ______ $_72~
110-5401-420. ~ 1-1i_ _ __?~a_r:_~s_&_ Wages-= ya_c:a_!i_~_ P~y_o_u_t _____ --+ ___ $ 7_7_9 ___ 4-------------i-I
-----------
---------------------------------+-I
; ! J --i-------~lf-----------l
I ____ _j_ ---•, _____________ --_1__...__----··----------
EXPLANATION: To budget the transfer of funds to Salaries & Wages-Vacation payout due to employees
resignations.
,. 6-16-15 Hunter L. Matthews (100% 5401 Budget) $87
,. 7-13-15 Timmy J. Byrd (100% 5401 Budget) $692
APPROVALS:
Section 2.
Budget Officer and the Finance Officer for their direction.
Adopted this ___ day of _____ , 2015.
Margaret Regina Wheeler
Clerk to the Board
Jim Burgin, Chairman
Harnett County Board of Commissioners
/~(
081715a HC BOC Page 101
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be
made to the annual budget ordinance for the fiscal year ending June 30, 2016;
Section 1. To amend the General Fund, Health Department, the appropriations are to be changed as follows:
EXPENDITURE
CODE NUMBER
110-7600-441.58-01
110-7600-441.60-33
REVENUE
CODE NUMBER
EXPLANATION:
AMOUNT AMOUNT
DESCRIPTION OF CODE INCREASE DECREASE
Training $ 1,000.00
Materials & Supplies $ 1,000.00
AMOUNT AMOUNT
DESCRIPTION OF CODE INCREASE DECREASE
Budget Amendment to move funds from Materials & Supplies to Training to pay for a Child
Health Nurse to do her ERRN Training. The cost of this training has increased since last year.
Section 2. Copies of this budget amendment shall be furnished to the Clerk of the Board, and to the Budget Officer and
the Finance Officer for their direction.
Adopted this
Margaret Regina Wheeler,
Clerk to the Board
day of ,2015
Jim Burgin, Chairman
Harnett County Board of Commissioners
IJ i 081715a HC BOC Page 102
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED cy lhe Governing Boord of the County of HornelL North Carolina. rhot the following amendment be
rnooe to !he o:-nuol cudgel ordi'lor.ce for the fiscal year e'lding June 30, 2015:
Section 1. To amend the Public Utilities Department, Water Treatment Plant Expansion PU0705,the
appropriations are to be changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
569-9100-431-46-01 Residual Eauity $296,683
569-9100-431-45-70 lnterestinQ Durinq Construction $296,683
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION:
To budget residual equity for the close of the Water Plant Expansion Project.
APPROVALS:
Public Utilities Director County Manager (date)
section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget
Officer and the Finance Officer for their direction.
Adopted __________________________________ __
Margaret Regina Wheeler,
Clerk to the Board
Joe Miller, Chairman
Harnett County Boord of Comm
(, ~30 -15
081715a HC BOC Page 103
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Boord of the County of Harnett. North Carolina, that the following amendment be
made to the annual budget oroinonce for the fiscal year ending June 30, 2015
Section 1. To amend the Public Utilities South Central Wastewater Phase 1 C-1 Project P U 1005, the
appropriations are to be changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
577-9100-431-45-54 WWTP CAPACITY PU $1,321,436
577-9100-431-46-01 RESIDUAL EQUITY TRANSFER $1,321,436
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION: To budget residual equity transfer for the closing of the South Central WW 1 C-1 Project
APPROVAlS:
Department Head (dote) County Manager (date)
section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget
Officer and the Finance Officer for their direction.
Adopted __________________________________ __
tl\argaret Regina Wheeler,
Clerk to the Board
Jim Burgin. Chairman
Harnett County Board of Comm
~~30-f5
081715a HC BOC Page 104