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HomeMy WebLinkAbout100124 ws packetHarnett County Board of Commissioners Page | 1 WORK SESSION AGENDA Date: Tuesday, October 1, 2024 Time: 9:00 a.m. Location: Commissioners Meeting Room Harnett County Resource Center & Library 455 McKinney Parkway, Lillington 1.Call to order – Chairman William Morris 2.Pledge of Allegiance and Invocation – Commissioner Barbara McKoy 3.Charters for Freedom and Foundation Forward Project Presentation; Ron Lewis, Charters for Freedom 4.Update on Riverside Project; Coley Price, Deputy County Manager and Withers & Ravenal 5.Discuss a request for authorization to submit a Great Trails State Program grant application for the land or easement acquisition of the South River Road Greenway; Carl Davis, Parks and Recreation Director 6.Discuss a request to approve the FAMPO Boundary Assessment Update and Memorandum of Understanding; Mark Locklear, Development Services Director 7.Discuss the Request for Qualifications for On-Call Transportation Planning Services; Mark Locklear, Development Services Director 8.Discuss a request to approve an agreement with Southeastern Aero, LLC to operate a Special Aviation Service Organization (SASO) to provide maintenance activities at Harnett Regional Jetport; Greg Frank, Jetport Director 9.Discuss a request extending the Hangar Lease Agreement for Global Medical Response - Med Trans Corporation; Greg Frank, Jetport Director 10.Discuss a request to approve fee increases for influenza, pneumonia and COVID vaccines; Ainsley Johnson, Health Director 11.Discuss a request to approve the North Carolina Department of Transportation/Integrated Mobility Division (NCDOT/IMD) Application for FY2025 Rural Operating Assistance Program(ROAP); Barry Blevins, General Services Director 12.Discuss a request for approval of the North Carolina Department of Transportation (NCDOT) FY2025 5311/5339 capital grant agreement; Barry Blevins, General Services Director 13.Discuss a request to approve updates to the Technology Use Policy; Ira Hall, Chief Information Officer and Christopher Appel, Senior Staff Attorney 14.Discuss a request to enter into an option to purchase with Samet Corporation; Christopher Appel, Senior Staff Attorney 15.Discuss a lease agreement with Samet Corporation; Christopher Appel, Senior Staff Attorney HCBOC 100124 ws Pg. 1 Harnett County Board of Commissioners Page | 2 16. Discuss a request to approve a Professional Services Letter of Agreement related to the Jetport Runway Land Acquistion; Brent Trout, County Manager 17. Discuss a request to approve the School Resource Officer (SRO) Agreement with the Town of Lillington; Brent Trout, County Manager 18. Review applications to serve on Boards and Committees. 19. County Manager’s Report – Brent Trout, County Manager • October 7, 2024 Regular Meeting Agenda Review • Upcoming meetings and invitations 20. Closed Session 21. Adjourn CONDUCT OF THE OCTOBER 1, 2024 MEETING A livestream of the meeting will be on the Harnett County Government’s YouTube Channel at https://www.youtube.com/channel/UCU7mTF6HTD65x_98EhAMeMg/featured. HCBOC 100124 ws Pg. 2 \\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2024\100124 ws\5.1 agendaform2024_GTSP Grant_South River Rd Greenway.docx Page 1 of 2 Board Meeting Agenda Item MEETING DATE: October 7, 2024 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Great Trails State Program Grant Application (South River Rd Greenway Land Acquistion) REQUESTED BY: Carl Davis, Parks and Recreation Director REQUEST: Parks and Recreation/Development Services requests authorization for the submission of a Great Trails State Program grant application for the land or easement acquisition of the South River Road Greenway. This segment of the South River Road Greenway will be located on an old rail corridor starting at the intersection of South River Road and Jim Christan Rd and will run east towards the Town of Lillington. Staff is requesting to apply for $300,000 in grant funds requiring a $150,000 match from the County. The County currently has the matching fund in the Capital Reserve- Greenway Fund. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 5 HCBOC 100124 ws Pg. 3 1063 - South River Road Greenway - Phase 1 Application Details Funding Opportunity:230-Great Trails State Program (GTSP) Funding Opportunity Due Date:Nov 12, 2024 5:00 PM Program Area:Great Trails State Program Status:Editing Stage:Final Application Initial Submit Date: Initially Submitted By: Last Submit Date: Last Submitted By: Contact Information Primary Contact Information Name*:Ms. Salutation Emma First Name Middle Name Harris Last Name Title*:Planner I Email*:eharris@harnett.org Address*:420 McKinney Pkwy Lillington City North Carolina State/Province 27546 Postal Code/Zip Phone*:(910) 814-6412 Phone ###-###-#### Ext. Fax:###-###-#### Organization Information Name*:Harnett County Organization Type*:County Government Tax Id:HCBOC 100124 ws Pg. 4 County*:Harnett Organization Website:https://www.harnett.org/devsvc/ Address*:420 McKinney Pkwy Lillington City North Carolina State/Province 27546- Postal Code/Zip Phone*:(910) 893-7525 ###-###-#### Ext. Fax:###-###-#### GTSP Application Information Applicant Information Contact Information Is the person from the partner organization who will administer the grant contract, if awarded, the same as the Primary Contact listed on the application? Grant Administrator*:No Please list contact information. Grant Administrator:Carl First Name Davis Last Name Parks and Recreation Director Title Mailing Address:P.O. Box 816 Address Line 1 Address Line 2 Lillington City North Carolina State 27546 Zip Code Email:cdavis@harnett.org Phone:910-893-7518 Is the Project Manager the same as the Primary Contact listed on the application? Project Manager*:Yes If awarded, will the person who signs the grant contract be the same as the Primary Contact listed on the application? Person Signing Contract*:No Please list contact information. Contact Information:Brent First Name Trout Last Name Title:Harnett County Manager Title Email:btrout@harnett.org Project Overview HCBOC 100124 ws Pg. 5 Project Name*: South River Road Greenway - Phase 1 This project title will be used internally and externally. Describe your project, including how this project would advance your trail network and state your project objectives. This description will be used to determine your project's overall sustainability as compared to other projects submitted. This statement should be suitable for public review. The text provided in this box will be published internally and externally without editing by Division of Parks & Recreation (DPR) staff. Be concise and discerning with information, covering key components and background, if needed. Narratives are limited in word length as noted below the text box. Project Description*: This project would assist in creating a major connection between Raven Rock State Park and the municipality of Lillington, North Carolina's River Park. The project would create the first major connection between an existing park within the county and an existing park within a municipality. Presently, where the trail would be created, there exists a rail trail easement (publicly dedicated right-of-way) that was deeded to Harnett County. However, to utilize the connection as an active greenway area trail for the citizens of Harnett County, the easement rights must be acquired to change the designation from a railway to a greenway. This rail-to-trail project was identified as a top priority in the Lillington Pedestrian Plan (2020) and the Sandhills Regional Plan (2017). Other guiding documents such as the Sandhills Regional Bicycle Plan (2019), Grow Harnett County Comprehensive Growth Plan (2018), Raven Rock State Park General Management Plan (2017), and Harnett County CTP (2016) have all identified this project as an option for connecting the municipality of Lillington and the Harnett County's Raven Rock State Park. Additionally, the public comments section of the Harnett County Bicycle, Pedestrian, and Greenway Plan (2020) specifically called out this connection as a top priority of citizens as well. Case studies from Harnett County's Bicycle, Pedestrian, and greenway plan indicate that similar projects spurred economic growth and active health benefits in both municipalities and counties. These guiding documents and case studies are consistent with the goals of this project which are to provide more greenway options for residents to utilize, increase accessibility to greenways, and contribute sustainable economic development opportunities for Harnett County. What process will be used for selecting the person or the organization to complete the project? : We will utilize a combination of internal staff and external conservation partners to complete the project. Coordination and collaboration with the town of Lillington and other local and state partners will also remain a priority. Can this project be completed within 3 years of the contract? *: Yes Please attach a detailed timeline below. Previous Grant or Similar Project Experience Previous Grant / Similar Project Name Amount of Project Project Objective Was your grant or project successful? Parks and Recreation Trust Fund $500,000.00 Barbecue Creek Park Improvement This project renovated an original LWCF project by reconstructing 6 tennis courts (3 lighted), lighting a multipurpose field, adding a picnic shelter, adding a playground, adding paved walking trail, constructed a new concession/restroom building with a meeting room. HCBOC 100124 ws Pg. 6 Project Justification What are the expected outcomes and benefits from this project? Please include: - How the trail provides or would provide connectivity to daily destinations? - How the trail is designed or would be designed to increase access to trails (first trail in a community, fills a trail-type need, etc.)? - How the proposed project would eliminate a gap in an existing trail or in funding? All acquisition applications should include urgency of acquisition. - What is the approximate length, width, and surface type? Maintenance applications should include when the trail was originally built and previous maintenance (what was done and when it was completed). Project Justitication*: This project would be the first major trail connection in the Harnett County trail system and would create a connection from the Raven Rock State Park to the Town of Lillington. This trail would facilitate greater connectivity between the town, other portions of the county, and a state park; remaining consistent with priorities identified in the Harnett County Bicycle, Pedestrian, and Greenway Plan, 2021 and enhancing Harnett County's total greenway network. Additionally, this project would eliminate a significant barrier to creating a major connection between the Harnett County and its municipalities. The Town of Lillington's proximity to Raven rock state park has always made a greenway connection a priority. The rail easement remains an excellent candidate for acquisition of rights to a greenway because 1. Harnett county already owns the easement and but to utilize the easement, obtaining rights to a trail easement is the last major step before construction and utilization of the trail could occur. With the funds that this grant would provide, the county would quickly be able to obtain rights for to transition the rail easement to a trail easement, and subsequently move forward with developing the trail into a major connection for the town of Lillington to Raven Rock State Park. 2. The trail provides enhanced connectivity in a rapidly growing area of Harnett County and North Carolina as a whole. The trail?s current rights as a rail easement prevent the county from utilizing the easement to its full potential as a greenway. The urgency in which this acquisition is needed cannot be understated. Harnett county and its municipalities are experiencing significant development pressures. With Harnett County's population increasing every year, specifically in the areas around Lillington and the Northwest area, providing accessible options for passive recreation are paramount. The proposed trail would be approximately 10ft in width, utilizing aggregate base course gravel, and will run approximately 4 miles. The trail would assist those located in and around Harnett County by allowing a different form of access other than by vehicle to and from Raven Rock State Park into and the Town of Lillington. Ultimately, the South River Road Greenway project would provide enhanced connectivity and accessibility for Harnett County residents. Previous Grant / Similar Project Name Amount of Project Project Objective Was your grant or project successful? Parks and Recreation Trust Fund $500,000.00 Anderson Creek Park, Phase 1 (2011) Development of Phase 1 of a 1100-acre natural parks with the construction of walking trails, pond overlook, picnic shelter, playground, disc golf, and infrastructure (driveway and parking). Parks and Recreation Trust Fund $400,000.00 Government Complex Park (Cape Fear Shiner Park) (2017) New Park Construction included (2) multipurpose fields, (2) ballfields, water access point, river overlook, walking/greenway trails (paved, gravel, and natural), and infrastructure (driveway and parking). HCBOC 100124 ws Pg. 7 Certification and Approval by Governing Body A signed copy of the certification and approval by the governing board must be attached at the bottom of this section. I hereby certify the information contained in this application is true and correct and the required matching funds will be available during the project period. This application has been approved by the governing body. *: Yes Applicant Attachments Project Information Project Details Enter decimal degrees only. (Example: 35.774596, -78.843835) Project Location:35.424263 Latitude (00.00000) -78.864494 Longitude (-00.00000) Select the county or counties in which the project will take place. County/Counties*:Harnett Enter the Center for Disease Control/Agency for Toxic Substances and Disease Registry Social Vulnerability Index level of vulnerability for the census tract in which the majority of the proposed project will take place. In order to view census tract level of vulnerability for a proposed project location, toggle the Geographic Comparison to Statewide, select North Carolina, zoom into the County in which the proposed project will take place, and toggle the Geographic Unit to Census Tracts. Click on the census tract containing the proposed project. Project Census Tract Social Vulnerability Index*: High Please attach the attorney's certification of site control below. A template is provided in the application guide. Named Attachment Required Description File Name Type Size Upload Date If application has multiple sponsoring agencies, please attached a W-9 for each organization in a single combined file. Organization W-9 Organization W- 9 W-9 Harnett County.pdf pdf 121 KB 08/16/2024 08:47 AM Please provide a detailed project timeline. Be sure to include when any pending or unsecured matches will be available. Detailed Project Timeline  Please upload the signed certification and approval by the governing board. A template of this certification is included in the application guide. Electronic signatures are acceptable. Signed Certification & Approval by Governing Board  HCBOC 100124 ws Pg. 8 Site Control*: Not Applicable (Planning & Feasibility, Design & Engineering Applications, & Acquisition Only) Select all that apply. If Other Site Control, please explain: : Please indicate all permissible uses of this project*: Hike-Walk Select all that apply. If other, please list: Has the trail design been completed?*: Yes Trail Design Documentation should be attached at the bottom of this form. Which trail design standard was used?: Other Standard Please choose one. Why was this trail design standard chosen? : The United States Access Board - Public Right-of-way Accessibility Guidelines were chosen because they are the most applicable national accessibility standards for shared use paths used for transportation purposes in the public right-of-way and public easements. Obtained approved waiver for land acquisition?*: No Trail Facilities Provided by the Project The applicant will be building its first trail project.*: N/A The project will provide new trail facilities*: N/A The project will add trail facilities on an existing trail *: N/A The project will provide major renovation of an existing trail*: N/A The project will provide a trail connection to existing recreation area(s), school(s), downtown businesses, and/or communities.*: N/A Suitability of the Site for the Proposed Project The site is suited for the proposed development with minimal adverse impact to the environment.*: Yes Please explain:HCBOC 100124 ws Pg. 9 Former Railways and Railbeds are highly suitable for trails and greenways. Most rail beds have very little slope and are accessible. Abandoned rail lines offered a rare opportunity to preserve open space, create wildlife habitat and promote healthy living through physical activity. The project enhances public’s access to a trail. *: Yes Please explain: This project will increase access to a greenway for a rapidly growing area of Harnett County. There are numerous residential developments that are in progress within the county and the municipality of Lillington that would benefit greatly from the amenities that the greenway would offer. To ensure that all who live in and visit Harnett County can full benefit from the trail, staff will utilize universal design standards to create an inclusive experience for all trail users. The project is enhanced by the adjacent property uses*: N/A The site is free from limitations, conditions, encumbrances, or other intrusions. *: No Please explain any conditions or limitations in current or proposed leases, easements or use agreements. Include restrictions on the applicant’s use of the site or the rights to be reserved by the landowner that may impact the applicant’s ability to complete the project in a timely manner and/or provide for public recreational use. The only limitation of this site is that the easement currently exists as a rail easement by right. Without obtaining rights to utilize the easement as a greenway, the easement cannot be used as a trail. The funds provided by this program would greatly assist in obtaining the proper rights to transform the easement into a trail/greenway. HCBOC 100124 ws Pg. 10 Management and Maintenance Site Operation and Maintenance. Please choose from the following: *The applicant has a full-time parks and recreation department that will manage the project site to provide programming and ensure adequate operation and maintenance. *The applicant has a full-time staff, such as public works, who will manage the project site and ensure adequate operation and maintenance. *The applicant will manage the project site with part-time staff or by contractual agreement to ensure adequate operation and maintenance. *An organized volunteer group, such as a civic group or youth sports association will operate and maintain the site. Site Operations & Maintenance*:Full-Time Parks and Recreation Department *must be owned / managed by a public entity or land conservation partner. If the applicant is not going to operate the site with full-time staff, describe how and when the site will be open to the public. Who will maintain this trail? *: Harnett County Parks and Recreation Department What is your emergency management plan?: For Maintenance Applications only, is this trail considered high use? : N/A For Maintenance Applications only, please explain high use and how use is documented: : Project Information Attachments Named Attachment Required Description File Name Type Size Upload Date This certification MUST be attached for all construction and maintenance applications to be eligible for consideration. Attorney's Certification of Site Control Trail Design Documentation Land Acquisition Waiver Optional if additional explanation is needed. Site Suitability Supporting Documentation Please attach additional information regarding the emergency management plan if necessary. Emergency Management Plan Emergency Response Plan Greenways Emergency Response Plan.docx docx 13 KB 09/06/2024 11:46 AM Maintenance Applications - Documentation of Trail Use HCBOC 100124 ws Pg. 11 Site Information Plans & Maps Named Attachment Required Description File Name Type Size Upload Date Maintenance Applications - Previous Trail Maintenance Records Named Attachment Required Description File Name Type Size Upload Date Include the following items on the site plan: Title: Name of project and applicant Acreage Address and Start/Finish Longitude/Latitude in decimal degrees Date the map was prepared Connection to state trail Existing trail Planned trail Existing facilities Future facilities Legend North arrow Scale Site Plan Site Plan 2020-11-16 - 2020-076 10 Plan - Raven Rock to Lillington.pdf pdf 34 MB 08/13/2024 02:33 PM Include the following items on the site vicinity map: Title of the project The name of the road or trail a visitor uses to get to the trail entrance. The closest major highway/road Legible street names North arrow Physical address (such as a street address) Latitude/longitude coordinates of the central point in the site Site Vicinity Map Site Vicinity Map Lillington to Raven Rock Rail Trail Property Map.docx docx 4 MB 08/13/2024 02:33 PM Provide a detailed map of the proposed trail project with topographic lines or basemap. Bodies of water and other natural features should be visible on this map as well. Topo Map Topo Map Topo Map Final.pdf pdf 1 MB 08/13/2024 03:14 PM In addition to the legal description, acquisition-only projects must submit a copy of a conceptual plan showing the property to be acquired and future development for public recreation. See Application Guide for an example Conceptual Plan for Acquisition Only Applications Conceptual Plan Concept Plan.JPG JPG 180 KB 08/13/2024 02:58 PM HCBOC 100124 ws Pg. 12 Land Acquisition Does your project involve land acquisition?*: Yes Please describe how any existing facility(s) will be used for public recreation as part of the project in this application. (Example: Existing boat ramp and dock will be renovated for public recreation use.) Existing Facility(ies): None Sale of parcel is imminent for an incompatible use.: No Parcel is needed to complete final connection.: No Parcel will extend existing trail.:Yes Please Explain: Presently, Harnett County owns the trail easement that would provide a significant advancement in connecting Raven Rock State Park to the Town of Lillington. With the funds from this grant, the rail easement would be turned into a trail easement and would allow for connection potential for the Town of Lillington to tie in from their community center. Seller is motivated.:Yes Parcel is on the market.:No List of Properties to be Acquired (if applicable) Description Will the property be Current Owner Number Acreage Land Improvements for Trail Purposes Proposed Purchase Price Purchased GILCHRIST NANCY LEE TRUSTEE & WILLIE L GILCHRIST TRUST 0640-08- 2588.000 0.45 $2,460.00 $0.00 $2,460.00 Purchased GILCHRIST NANCY LEE TRUSTEE & WILLIE L GILCHRIST TRUST 0640-08- 5712.000 1.45 $23,807.65 $0.00 $23,807.65 Purchased BROWN FAYE C & CHRISTIAN NANCY G 0630-97- 4867.000 1.94 $9,893.94 $0.00 $9,893.94 Purchased BAREFOOT RACHELLE ROGERS & ROGERS THURMAN HENRY JR 0640-18- 3205.000 1.33 $9,477.12 $0.00 $9,477.12 Purchased GILCHRIST LEMUEL RAY 0640-17- 6639.000 4.40 $25,740.25 $0.00 $25,740.25 55.47 $276,293.22 $0.00 $276,293.22 HCBOC 100124 ws Pg. 13 Legal Description of Property to be Acquired Description Will the property be Current Owner Number Acreage Land Improvements for Trail Purposes Proposed Purchase Price Purchased GILCHRIST NANCY LEE TRUSTEE & WILLIE L GILCHRIST TRUST 0640-17- 8462.000 1.23 $9,524.36 $0.00 $9,524.36 Purchased GILCHRIST NANCY LEE TRUSTEE & WILLIE L GILCHRIST TRUST 0640-17- 9480.000 1.30 $9,846.76 $0.00 $9,846.76 Purchased GILCHRIST NANCY LEE TRUSTEE & WILLIE L GILCHRIST TRUST 0640-27- 1267.000 2.82 $20,904.57 $0.00 $20,904.57 Purchased GILCHRIST NANCY LEE TRUSTEE & WILLIE L GILCHRIST TRUST 0640-26- 6899.000 7.46 $54,819.28 $0.00 $54,819.28 Purchased MILTON CYNTHIA SUE THOMAS & MILTON FREDDIE KAY 0640-46- 0155.000 4.87 $20,484.18 $0.00 $20,484.18 Purchased BROWN GLEN R & BROWN PAMELA FAYE 0640-44- 7307.000 16.80 $43,010.83 $0.00 $43,010.83 Purchased KUBENY ROSS E & KUBENY CATHERINE C 0640-65- 2343.000 2.60 $9,550.69 $0.00 $9,550.69 Purchased MUELLER- TOWNSEND LLC & LEE WILLIAM DENNY 0640-77- 0779.000 0.24 $738.00 $0.00 $738.00 Purchased CUMMINGS KENNETH L & CUMMINGS JERRY W 0640-85- 3884.000 8.58 $36,035.59 $0.00 $36,035.59 55.47 $276,293.22 $0.00 $276,293.22 Description File Name Type Size Upload Date Railway Easement Deed - Lillington to Raven Rock Railway Easement Deed_Lillington to Raven Rock.pdf pdf 306 KB 08/05/2024 10:38 AM Right of Way Easement Tract Eight - Lillington to Raven Rock Right of Way Easement Tract Eight_Lillington to Raven Rock.pdf pdf 544 KB 08/05/2024 10:34 AM HCBOC 100124 ws Pg. 14 Budget Project Type Type of Project*:Acquisition Project Costs Planning, Feasibility, Design, and Engineering Costs Acquisition Costs Non-State Match Description File Name Type Size Upload Date Right of Way Easement Tract Five - Lillington to Raven Rock Right of Way Easement Tract Five_Lillington to Raven Rock.pdf pdf 431 KB 08/05/2024 10:33 AM Right of Way Easement Tract Four - Lillington to Raven Rock Right of Way Easement Tract Four_Lillington to Raven Rock.pdf pdf 306 KB 08/05/2024 10:32 AM Right of Way Easement Tract Nine - Lillington to Raven Rock Right of Way Easement Tract Nine_Lillington to Raven Rock.pdf pdf 290 KB 08/05/2024 10:35 AM Right of Way Easement Tract NO EASEMENT - Lillington to Raven Rock Right of Way Easement Tract NO EASEMENT_Lillington to Raven Rock.pdf pdf 379 KB 08/05/2024 10:38 AM Right of Way Easement Tract One - Lillington to Raven Rock Right of Way Easement Tract One_Lillington to Raven Rock.pdf pdf 302 KB 08/05/2024 10:30 AM Right of Way Easement Tract Seven - Lillington to Raven Rock Right of Way Easement Tract Seven_Lillington to Raven Rock.pdf pdf 1 MB 08/05/2024 10:34 AM Right of Way Easement Tract Six - Lillington to Raven Rock Right of Way Easement Tract Six_Lillington to Raven Rock.pdf pdf 802 KB 08/05/2024 10:33 AM Right of Way Easement Tract Three - Lillington to Raven Rock Right of Way Easement Tract Three_Lillington to Raven Rock.pdf pdf 277 KB 08/05/2024 10:31 AM Right of Way Easement Tract Two - Lillington to Raven Rock Right of Way Easement Tract Two_Lillington to Raven Rock.pdf pdf 829 KB 08/05/2024 10:30 AM Project Element Unit Quantity Unit Unit Cost Total Item Cost No Data for Table Project Element Cost No Data for Table Parcel Number Acres Acquired Land Acquisition Cost No Data for Table Type of Match Amount of Match Source of Match Availability HCBOC 100124 ws Pg. 15 Budget Summary Total Project Cost:$0.00 Total Non-State Match:$0.00 Total Grant Request*:$0.00 May not exceed $500,000 Match Summary What county or counties will the project be located in? *: Harnett What is the Tier designation of the county? If the project is in multiple counties, the match shall be based on the lowest wealth county. Tier designation can be verified here.*: Tier 2 The Match Requirement is as follows: - Tier 1 counties must match 1:4, or 25% - Tier 2 counties must match 1:2, or 50% - Tier 3 counties must match 1:1, or 100% Incomplete or insufficient matches could result in an ineligible applicant. Match Percentage:0% Partners & Community Support Partnerships & Community Support Attachments Partnerships & Community Support Is the trail supported by the community where it will be built?*: Yes Please explain:*: Existing greenway plan support. Type of Match Amount of Match Source of Match Availability No Data for Table Description File Name Type Size Upload Date Advertisement of Public Meeting South River Rd Greenway Public Input Advertising.docx docx 154 KB 09/06/2024 10:02 AM Letter of Support from David McCrae Letter of Support - David McCrae.pdf pdf 280 KB 09/24/2024 08:18 AM Public Meeting Overview/Recap SouthRiverRdGreenway_PublicMeetingRecap.pdf pdf 948 KB 09/06/2024 10:01 AM HCBOC 100124 ws Pg. 16 Has the applicant held a public meeting within the last 24 months to discuss the trail project and obtained comments? Is the public supportive of the project?*: Yes Please explain: Comp plan where greenway was discussed and public meeting Is the trail supported by other organizations or partners?*: Yes Please explain*: Has the applicant used another way to gain & document support of the trail project?*: Environmental Review Impact Describe in detail the existing or proposed property including the acreage (for land and water), topography, streams, lakes, and any significant natural resources that are on or adjacent to the site. Site Description*: The site is an abandoned railroad bed that once ran from the existing railroad in Lillington to the former site of the Becker Sand and Gravel mining operation off South River Road near the intersection of Jim Christian Road. The project site is approximately 3.75 miles in length. With an easement width of 30 feet, the site totals about 13.5 acres. The old railroad easement follows a gentle upward grade from Lillington, where the elevation is about 110 feet above sea level and travels to the intersection of Jim Christian Road at South River Road at an elevation of 333 feet. About 1.4 miles southeast of the intersection, the easement crosses the Colonial Gas Pipeline. Below the pipeline crossing to the lower intersection with South River Road, the easement traverses an adjacent area with steep north-facing topography. Southeast of South River Road, the easement enters the floodplain of the Cape Fear River. On the floodplain, beavers have created a wetland area adjacent to the easement. What are the past and/or current uses of the property? Examples: Urban/developed, forest, agricultural, industrial site, landfill, water, or wetland. Important: If the property has been contaminated (examples: brownfield sites), all cleanup actions must be completed before a GTSP contract is executed and the project can begin. Use this space to describe any cleanup actions that are in progress or proposed. The GTSP program recommends that local governments wait until cleanup is completed before applying. Past/Current Property Use*: As previously described, the site is an abandoned railroad bed that was in use until the early 1990's. The areas adjacent to the site are predominantly forested areas with some agricultural fields and scattered housing nearby. The forests have been timbered several times through the years. Adjacent to the upper elevations of the easement, a few old growth longleaf pine trees, stumps and standing snags are "cat- faced", scars left behind on the trees from the extraction of resin from the trees for the turpentine industry. This industry was active until the early 1900's in North Carolina.HCBOC 100124 ws Pg. 17 Describe any wetland areas on the site including the acreage. Describe any disturbance of wetlands needed to develop the proposed project. Please state if no wetlands exist on the site. Wetlands*: Near the Lillington end of the site are adjacent wetlands created by beavers on the floodplain of the Cape Fear River. No further disturbance of wetlands is anticipated, as the railroad bed was built up above the existing wetland sites. Describe any floodplain areas within or adjacent to the site and delineate floodways. Floodplains*: Near the West Duncan Street terminus, the railroad bed enters an identified floodway of the Cape Fear River. The railroad bed is built up above the floodplain. Describe the predominant tree and wildlife species on or adjacent to the site. Tree and Wildlife Species*: Being in the fall zone between the piedmont and coastal plain, the railroad easement transects several different natural communities. The upper portions of the easement contains mainly pine-oak-hickory forests, including a remnant longleaf pine forest. Near the gas pipeline crossing, the forests become much thicker with undergrowth, containing many deciduous hardwood trees. As the easement enters the Cape Fear River floodplain, the species composition of trees becomes those typically found on river bottoms. Typical animals found in the area include deer, squirrels, opposums and raccoons. Common birds include chickadees, woodpeckers, vireos, and warblers. Reptiles and amphibians include Fowler?s toad, spotted salamander, gray treefrog, five-lined skink, northern black racer, ratsnake, and eastern box turtle. Butterflies that one might encounter along the easement include eastern tiger swallowtail, hackberry emperor, Carolina satyr, southern pearly-eye, summer azure, and red admiral. List any known archaeological or historical sites within the project site or in the vicinity of the site. Has the area been surveyed by an archaeologist? If so, when and by whom? Please note additional review will be required if ground disturbance will occur within study list or historic district (per HPOWEB), if federal funds will also be used, or if a 404 permit is needed. Archaeological or Historical Sites*: No archeological or historical sites are known to exist within the project area. List all existing recreational facilities and other structures on the site, regardless of their age. Indicate if any structure is more than 50 years old. Provide a photograph and pertinent historical information about the structure(s) which are 50 years or greater. Indicate whether any existing structure(s), regardless of age, will either be demolished or renovated for recreational use by the proposed project? Existing Structures*: No recreational facilities or other structures are known to exist on the site. Describe any existing utility easements within the site; including the width and length. Also, describe the existing water, sewer, and road systems at the site. Describe any water, sewer, or road systems included in the proposed project. Utilities*: A Colonial Pipeline easement crosses the railroad bed approximately 6,000 feet west of the crossing on South River Road on the Lillington end. The pipeline easement is about 25 feet in width. There are no existing sewer or water systems. The railroad bed crosses South River Road near the Lillington end. HCBOC 100124 ws Pg. 18 How many acres are to be disturbed and/or cleared for the proposed development? Ground Disturbance / Site Clearing*: 13.50 acres Is a new trail support indoor facility being proposed? Examples include restroom facilities, bathhouses, or equipment rental facilities. New Trail Support Facility*:N/A Environmental Review Comments Comments: Review Requirement Attachment Wetlands National Wetlands Inventory Attach a copy of the map of the trail corridor from the National Wetlands Inventory. South River Road Project Wetlands.pdf Streams on Site NC Surface Water Classifications Attach a copy of the map of the trail corridor from this NC DEQ Surface Water Classifications resource. South River Rd Project Streams.png Floodplains NC Flood Risk Information System Attach a copy of the map of the trail corridor from the NC Flood Risk Information System. NC Flood Risk Info.pdf Archaeological or Historic Sites NC HPOWEB 2.0 Attach a copy of the map of the trail corridor from the North Carolina State Historic Preservation Office GIS Web Service. Note: Any project with federal funding component requires review regardless of HPOWEB results. South River Rd Project HPOWEB 2.0.pdf HCBOC 100124 ws Pg. 19 I hereby certify the information contained in the attached Great Trails State Program application is true and correct, and the required matching funds for the grant will be available within three years of submitting the application. This application has been approved by the governing board. Chief Elected Official or Board Chair for Non-Profits (Print or Type Name and Title) (Signature) If two sponsors are applying together, this form must be completed and signed by each board. HCBOC 100124 ws Pg. 20 Residential Sidepath Minor Highway Sidepath Raven Rock State Park to Lillington River Park Total Length: 7.8 miles Implementation Stakeholders: Harnett County Town of Lillington NCDOT NC State Parks Mid-Carolina RPO Norfolk Southern Adjacent Landowners Location HCBOC 100124 ws Pg. 21 River Adjacent Trail Rail with Trail £ Gravel Road Shared Use Path HCBOC 100124 ws Pg. 22 CONTINUING – COMPREHENSIVE – COOPERATIVE – TRANSPORTATION PLANNING Hank Graham, AICP, FAMPO Executive Director MEMORANDUM To: TAC Member Jurisdictions From: Hank Graham, AICP, Executive Director (hgraham@cumberlandcountync.gov) Subject: FAMPO Boundary Assessment Update and Memorandum of Understanding Date: August 21, 2024 BACKGROUND For procedural and transparency purposes, the Fayetteville Area MPO must ask all member jurisdictions to re-approve the Memorandum of Understanding (MOU) previously approved by your jurisdiction in June 2024. Attached, please find the redlined MOU which outlines the proposed changes/modifications to the previously approved MOU and a copy of the final MOU with accepted changes/modifications. The changes were required by the Federal Highway Administration and NCDOT including FAMPO board membership requirements and general language clarification. STAFF ASK Staff request that this item be placed on your next available Board agenda as a consent item to be approved with a new signature. If additional details are required, please do not hesitate to contact me. Item 6 HCBOC 100124 ws Pg. 23 Abstract with modifications FAMPO - MOU May 9, July 24, 2024 Page 1 of 22 Table of Contents Section 1. Boundary of the Metropolitan Planning Area ............................................................. 2 Section 2. Planning Responsibility within the Metropolitan Planning Area ................................ 3 Section 3. Establishment of the FAMPO ..................................................................................... 3 Section 4. Conduct of Business by the FAMPO Technical Advisory Committee (TAC) ........... 3 Section 5. Role and Responsibilities of the FAMPO ................................................................... 3 Section 6. Establishment of the Transportation Coordinating Committee (the TCC) ................. 4 Section 7. Conduct of Business by the TCC ................................................................................ 5 Section 8. Role and Responsibilities of the TCC ......................................................................... 5 Section 9. Establishment of the Citizens Advisory Committee (CAC) ....................................... 6 Section 10. Conduct of Business by the CAC .............................................................................. 6 Section 11. The Executive Director ............................................................................................. 6 Section 12. Role and Responsibilities of the Executive Director ................................................. 6 Section 13. Additional Responsibilities of Member Governments .............................................. 7 Section 14. Funding and Fiscal Matters ....................................................................................... 7 Section 15. Duration of the Agreement ........................................................................................ 7 Signature Pages City of Fayetteville ....................................................................................................................... 8 Town of Eastover ......................................................................................................................... 9 Town of Hope Mills ................................................................................................................... 10 Town of Parkton ......................................................................................................................... 11 City of Raeford ........................................................................................................................... 12 Town of Spring Lake .................................................................................................................. 13 Town of Erwin ............................................................................................................................ 14 Fort Liberty Military Reservation .............................................................................................. 15 County of Cumberland ............................................................................................................... 16 County of Harnett ....................................................................................................................... 17 County of Hoke .......................................................................................................................... 18 County of Moore ........................................................................................................................ 19 County of Robeson ..................................................................................................................... 20 North Carolina Department of Transportation ........................................................................... 21 HCBOC 100124 ws Pg. 24 Abstract with modifications FAMPO - MOU May 9, July 24, 2024 Page 2 of 22 MEMORANDUM OF UNDERSTANDING FOR COOPERATIVE, COMPREHENSIVE, AND CONTINUING TRANSPORTATION PLANNING FOR THE FAYETTEVILLE URBAN AREA AMONG THE CITY OF FAYETTEVILLE, THE TOWN OF EASTOVER, THE TOWN OF HOPE MILLS, THE TOWN OF PARKTON, THE CITY OF RAEFORD, THE TOWN OF SPRING LAKE, THE TOWN OF ERWIN, THE FORT LIBERTY MILITARY RESERVATION, THE COUNTY OF CUMBERLAND, THE COUNTY OF HARNETT, THE COUNTY OF HOKE, THE COUNTY OF MOORE, THE COUNTY OF ROBESON, AND THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION IN COOPERATION WITH THE UNITED STATES DEPARTMENT OF TRANSPORTATION WITNESSETH: WHEREAS, certain of the parties hereto have previously entered into a Memorandum of Understanding for cooperative, comprehensive, and continuing transportation planning through the Fayetteville Area Metropolitan Planning Organization (FAMPO), which agreement was last amended in December 2014 and amended in May 2021 to add membership for the Fort Liberty Military Reservation; and WHEREAS, the parties desire to continue that transportation planning through the FAMPO and amend and expand the agreement to include additional parties and clarify their respective roles and responsibilities; and WHEREAS, each Metropolitan Planning Organization (MPO) is required to develop a Metropolitan Transportation Plan in cooperation with NCDOT and in accordance with 23 U.S.C. §134, any amendments thereto, and any implementing regulations; and a Comprehensive Transportation Plan in accordance with North Carolina General Statute §136- 66.2; and WHEREAS, the Metropolitan Transportation Plan serves as the basis for future transportation improvements within the Metropolitan Planning Area; and WHEREAS, the parties intend that this Memorandum of Understanding shall supersede all prior memoranda of understanding among any of them pertaining to the FAMPO. NOW THEREFORE, in consideration of the mutual benefits afforded to each party, the parties agree as follows: Section 1. Boundary of the Metropolitan Planning Area The Fayetteville Urban Metropolitan Planning Area consists of the Fayetteville Urban Area as defined by the United States Department of Commerce, Bureau of the Census, plus that area beyond the existing urbanized area boundary that is expected to become urbanized within a twenty-year planning period. This area is hereinafter referred to as the Metropolitan Planning Area. Per federal regulation, a Metropolitan Planning Organization, in cooperation with the NCDOT and public transit operators, is required to review the Metropolitan Planning Area (MPA) after each Census to determine if the existing MPA boundary meets the minimum HCBOC 100124 ws Pg. 25 Abstract with modifications FAMPO - MOU May 9, July 24, 2024 Page 3 of 22 statutory requirements for new and updated urbanized areas and shall adjust the boundary as necessary. This MOU recognizes the FAMPO’s adherence to this regulation and has fulfilled its requirements by completing a formal Boundary Assessment which has involved collaboration and engagement with all agencies within the NCDOT 2050 Travel Demand Model Boundary. Upon adoption of this MOU and its establishment of the FAMPO Boundary, there shall be no additional member agencies of the FAMPO Planning Boundary until the next review of the FAMPO Boundary. Section 2. Planning Responsibility within the Metropolitan Planning Area Cooperative, continuing and comprehensive transportation planning shall be undertaken in the Metropolitan Planning Area by the FAMPO in accordance with all applicable federal and state statutes. The FAMPO shall coordinate any transportation planning it undertakes which may have a regional impact with the Capital Area Metropolitan Planning Organization, Sandhills Metropolitan Planning Organization, Central Pines Rural Planning Organization, Mid-Carolina Rural Planning Organization and the Lumber River Rural Planning Organization. Section 3. Establishment of the FAMPO Technical Advisory Committee The FAMPO shall be governed by a Technical Advisory Committee (TAC) which shall be the policy making board for the MPO and shall be constituted as follows: The voting members of the board of directors of FAMPO TAC shall consist of the Chief Elected Officials. An Elected Official will represent from the governing boards of each of the General Purpose member Local Governments which are parties party to this agreement; plus an additional representative from the City Council of Fayetteville, appointed by the Chief Elected Official, to a representative the Transit Operator for the City of Fayetteville; a representative from the Fort Liberty Bragg Military Reservation.; a representative from Division Six of the North Carolina Department of Transportation; and a representative from Division Eight of the North Carolina Department of Transportation. A member of any local elected board may serve as an alternate to the designated TAC member for each member. The MPO staff shall be notified of changes in TAC members and TAC alternate members each year and/or as changes are made. As established in its Bylaws, the TAC may create subcommittees to assist it in carrying out its responsibilities. TAC will meet with the necessary regularity to ensure adequate performance of duties as described herein. In addition, the board of directors of the FAMPO shall include a non-voting representative from the Federal Highway Administration-North Carolina Division, and a non-voting representative from the Federal Transit Administration-Region IV. The members representing the Fort Liberty Bragg Military Reservation and the state and federal agencies shall be selected as determined by the agencies they are representing. TAC Voting members: 1. County of Cumberland 2. County of Harnett 3. County of Hoke 4. County of Moore 5. County of Robeson 6. Town of Eastover 7. Town of Erwin HCBOC 100124 ws Pg. 26 Abstract with modifications FAMPO - MOU May 9, July 24, 2024 Page 4 of 22 8. City of Fayetteville (2) 9. Fort Liberty Military Reservation 10. Town of Hope Mills 11. Town of Parkton 12. City of Raeford 13. Town of Spring Lake 14. North Carolina Board of Transportation - Division 6 15. North Carolina Board of Transportation - Division 8 Section 4. Conduct of Business by the Technical Advisory Committee (TAC) The FAMPO Technical Advisory Committee board of directors will meet as often as it deems appropriate and advisable. The Technical Advisory Committee board of directors will adopt by- laws and select a Chair and Vice-Cchair and conduct its business in accordance with its adopted by- laws. All meetings of the board of directors shall be subject to the Open Meetings Law. Section 5. Role and Responsibilities of the FAMPO The FAMPO board of directors will be responsible for carrying out the provisions of 23 U.S.C. §134 (Federal Highway Administration); and 49 U.S.C. §§5303, 5304, 5305, 5306 and 5307(Federal Transit Administration); including the following duties and responsibilities: 5.1. Review and approval of the annual transportation Unified Planning Work Program and any subsequent amendments; 5.2. Review and approval of the Transportation Improvement Program for multimodal capital and operating expenditures to insure coordination between local and State capital and operating improvement programs and any subsequent amendments. 5,3, Review and approval of the Metropolitan Transportation Plan, and subsequent changes thereto, and the Comprehensive Transportation Plan as required by the N.C.G.S. §136-66.2(d). Revisions in the transportation plans must be jointly approved by the FAMPO board of directors and the North Carolina Department of Transportation. 5.4. Endorsement, review and approval of changes to the Federal Highway Administration Functional Classification System, the Adjusted Urbanized Area Boundary and the Metropolitan Planning Area Boundary. 5.5. Endorsement, review and approval of a Prospectus for Transportation Planning which defines work tasks and responsibilities for the various agencies participating in the transportation planning process. 5.6. Establishment of goals and objectives for the transportation planning process reflective of and responsive to such comprehensive plans for growth and development in the Metropolitan Planning Area as adopted by FAMPO Local Government Boards. 5.7. Approval and distribution of federal funds designated for the Metropolitan Planning Area under the provisions of MAP-21 and any other subsequent transportation funding authorizations. HCBOC 100124 ws Pg. 27 Abstract with modifications FAMPO - MOU May 9, July 24, 2024 Page 5 of 22 Section 6. Establishment of the Transportation Coordinating Committee (the TCC) 6.1. The parties acknowledge that transportation planning is a specialized field. In order to give the FAMPO, through its duly constituted Transportation Advisory Committee (the TAC), access to the technical expertise necessary to meet the requirements of federal and state law, a Technical Coordinating Committee (the TCC) shall be established with the responsibility for advising the FAMPO on the technical aspects of the transportation planning process, performing such technical analysis as necessary to support transportation planning and making recommendations to the FAMPO and local and State governmental agencies for any necessary actions relating to the continuing transportation planning process. 6.2. Membership of the TCC shall include technical representation from all local and State governmental agencies directly related to and concerned with the transportation planning process for the Metropolitan Planning Area and shall consist of the following: Voting members: 1. City Manager, City of Raeford 2. County Manager, County of Cumberland 3. County Manager, County of Hoke 4. County Manager or Director Planning and Inspections, County of Moore 5. County Manager, County of Robeson 6. Town Manager, Town of Eastover Town 7. Manager, Town of Hope Mills Town 8. Manager, Town of Spring Lake 9. Town Manager, Town of Erwin 10. Director, Cumberland County Planning and Inspections Department 11. Director, Fayetteville Area System of Transit (FAST) 12. Director, Fayetteville -Cumberland County Parks and Recreation Department 13. Director, City of Fayetteville, Public Services 14. Director, Cumberland County Engineering and Infrastructure Department 15. Director, Fayetteville Regional Airport 16. Director, City of Fayetteville, Development Services 17. City Traffic Engineer, City of Fayetteville 18. Director, Central Pines Rural Planning Organization 19. Director, Mid Carolina Rural Planning Organization 20. Planner, Lumber River Rural Planning Organization 21. Regional Planner, IMD NCDOT 22. Manager, Harnett County Planning Services 23. Supervisor, Cumberland County Schools Planning Department 24. Supervisor, Hoke County Schools Planning Department 25. Supervisor, Harnett County Schools Planning Department 26. Transportation Planning Division, NCDOT 27. Executive Director, Mid-Carolina Council of Governments 28. Executive Director, Sustainable Sandhills 29. Assoc. Vice-Chancellor for Facilities Management at Fayetteville State University 30. Facilities Director, Methodist University 31. Facilities Director, Fayetteville Technical Community College 32. Directorate of Facilities, Fort Liberty Military Reservation 33. Division Engineer, Division Six, Division of Highways, NCDOT HCBOC 100124 ws Pg. 28 Abstract with modifications FAMPO - MOU May 9, July 24, 2024 Page 6 of 22 34. Division Engineer, Division Eight, Division of Highways, NCDOT At Large Voting Members, selected by the agency they represent: 1. President/C.E.O. of the Fayetteville -Cumberland County Chamber of Commerce 2. Director of Cumberland County Transportation Program Non-voting members, serving ex-officio: 1. Regional Planner, IMD NCDOT 2. Transportation Planner, FHWA, NC Division 3. Region IV, Federal Transit Administration (FTA) 4. Representative Transportation Planning Division, NCDOT Section 7. Conduct of Business by the TCC The TCC will meet as often as it deems appropriate and advisable. The TCC will adopt by-laws and select a Chair and Vice-chair and conduct its business in accordance with its adopted by- laws. All meetings of the TCC shall be subject to the Open Meetings Law. Section 8. Role and Responsibilities of the TCC The TCC shall be responsible for development, review, and recommendation for approval of the Prospectus, Transportation Improvement Program, Federal-Aid Urban System and Boundary, revisions to the Transportation Plan, planning citizen participation, and documentation reports on the transportation study. Section 9. Establishment of the Citizens Advisory Committee (the CAC) There shall also be a Citizens Advisory Committee (the CAC) established consisting of no less than 11 and not more than 17 interested citizens who reside within the Metropolitan Planning Area, The members of the CAC shall be appointed by the FAMPO board of directors and shall be selected to represent areas of interest and interest groups, including traditionally underrepresented members of the community, to address such interests as bicycle paths, pedestrian greenways, environmental concerns, road safety, traffic congestion, freight, rail and transit and with representatives including advocates for the disabled, seniors and minorities. Section 10. Conduct of Business by the CAC The CAC will meet as often as it deems appropriate and advisable to make recommendations to the TAC and the TCC. The CAC will adopt by-laws and select a Chair and Vice-chair and conduct its business in accordance with its adopted by- laws. All meetings of the CAC shall be subject to the Open Meetings Law. Section 11. The Executive Director Administrative coordination for the FAMPO (TAC), the TCC and the CAC will be performed by an Executive Director. The Executive Director shall be selected by a panel consisting of the Development Services Director and the Public Services Director for the City of Fayetteville, the Director of Planning and Inspections for Cumberland County, and the managers or the designees of the managers of the towns of Hope Mills and Spring Lake. The Executive Director shall become an employee of Cumberland County, subject to the provisions of Cumberland County's personnel rules and policies, assigned to the Cumberland County Planning and Inspections Department and report to the county's Director of Planning and Inspections. The Executive Director shall select such other staff as may be budgeted in accordance with the selection and recruitment rules and policies of Cumberland County. All staff selected by the Executive Director shall become employees of Cumberland County assigned to the Cumberland HCBOC 100124 ws Pg. 29 Abstract with modifications FAMPO - MOU May 9, July 24, 2024 Page 7 of 22 County Planning and Inspections Department and subject to the provisions of the County's personnel rules and policies. Section 12. Role and Responsibilities of the Executive Director 12.1. The Executive Director shall serve ex officio as the Secretary of the FAMPO Board of Directors (the TAC), the TCC and the CAC and shall be responsible to arrange the meetings and agendas and maintain the minutes and records of each. In addition, the Executive Director shall prepare the Prospectus, the Unified Planning Work Program the (UPWP), a Transportation Improvement Program in accordance with federal and state regulations and requirements; develop a Transportation Plan in accordance with federal and state regulations; maintain the Transportation Plan; execute the transportation planning process in accordance with federal and state laws and regulations; prepare invoices and progress reports in accordance with federal, state, and local requirements; structure the public involvement process needed to ensure that the UPWP, Transportation Plan, Transportation Improvement Program, and any transportation conformity determinations meet federal requirements; and consult with the FAMPO TAC, TCC and CAC regarding the best approaches to performing the duties listed above. 12.2. In advance of making any proposal or recommendation to the TAC, the TCC or the CAC, the Executive Director shall provide such recommendation to the chief planning official for every jurisdiction within the Metropolitan Planning Area which may be impacted by such proposal or recommendation in sufficient time for the chief planning official to review and comment on the proposal or recommendation. Section 13. Additional Responsibilities of Member Governments 13.1. The representative from each Local Government on the FAMPO board of directors shall be responsible for instructing the clerk of his/ her local government to provide to the Executive Director copies of the minutes of any action taken by his/her local government which involves any MPO plan. 13.2. Each member signatory local government shall coordinate zoning and subdivision approval in their respective jurisdictions in accordance with the FAMPO adopted transportation plan. 13.3. As the host agency, the Cumberland County Planning and Inspections Department will serve as the Lead Planning Agency for transportation planning in the Metropolitan Planning Area. All other member signatory local governments will assist in the transportation planning process by providing planning assistance, data, and inventories in accordance with the Prospectus for Transportation Planning. Section 14. Funding and Fiscal Matters 14.1. All transportation and related federal aid planning grant funds available to promote the cooperative transportation planning process will be expended in accordance with the Unified Planning Work Program adopted by the TAC, Administration of funding in support of the Transportation Planning Process on behalf of the TAC will be conducted by the County of Cumberland as the host planning agency. Cumberland County will execute appropriate agreements with funding agencies as provided by the Planning Work Program. 14.2. The local match for the Federal Aid planning funds will be determined based on the current federal matching requirements. The signatory General Purpose Local Governments will HCBOC 100124 ws Pg. 30 Abstract with modifications FAMPO - MOU May 9, July 24, 2024 Page 8 of 22 contribute to the local match requirement based on their percentage of the population within the Metropolitan Planning Area at the most recent decennial census. Only the non-municipal population of those portions of counties located within the Metropolitan Planning Area shall be counted for counties. Member governments may also be asked to contribute additional local funding for projects wholly within their jurisdictional limits. 14.3. The fair market rental value of the office space provided by the Cumberland County Planning and Inspections Department as the host agency will be counted toward Cumberland County's match as an in-kind contribution. The fair market value of the rent shall be figured as the same annual rate per square foot that Cumberland County receives from the State of North Carolina for any other county-owned office space rented by the State. Section 15. Duration of the Agreement Any party may terminate its participation in the MPO and remove itself from this Agreement by giving sixty days' advance notice in a writing signed by the Chief Elected Official, if a local government, or by the chief executive officer of the agency, if not a local government. This notice shall be delivered to the Chairman of the FAMPO Board of Directors and to the Executive Director. HCBOC 100124 ws Pg. 31 Memorandum of Understanding Fayetteville Area Metropolitan Planning Organization (FAMPO) Adopted July 24, 2024 HCBOC 100124 ws Pg. 32 FAMPO - MOU July 24, 2024 Page 1 of 22 Table of Contents Section 1. Boundary of the Metropolitan Planning Area ............................................................. 2 Section 2. Planning Responsibility within the Metropolitan Planning Area ................................ 3 Section 3. Establishment of the FAMPO ..................................................................................... 3 Section 4. Conduct of Business by the FAMPO Technical Advisory Committee (TAC) ........... 3 Section 5. Role and Responsibilities of the FAMPO ................................................................... 3 Section 6. Establishment of the Transportation Coordinating Committee (the TCC) ................. 4 Section 7. Conduct of Business by the TCC ................................................................................ 5 Section 8. Role and Responsibilities of the TCC ......................................................................... 5 Section 9. Establishment of the Citizens Advisory Committee (CAC) ....................................... 6 Section 10. Conduct of Business by the CAC .............................................................................. 6 Section 11. The Executive Director ............................................................................................. 6 Section 12. Role and Responsibilities of the Executive Director ................................................. 6 Section 13. Additional Responsibilities of Member Governments .............................................. 7 Section 14. Funding and Fiscal Matters ....................................................................................... 7 Section 15. Duration of the Agreement ........................................................................................ 7 Signature Pages City of Fayetteville ....................................................................................................................... 8 Town of Eastover ......................................................................................................................... 9 Town of Hope Mills ................................................................................................................... 10 Town of Parkton ......................................................................................................................... 11 City of Raeford ........................................................................................................................... 12 Town of Spring Lake .................................................................................................................. 13 Town of Erwin ............................................................................................................................ 14 Fort Liberty Military Reservation .............................................................................................. 15 County of Cumberland ............................................................................................................... 16 County of Harnett ....................................................................................................................... 17 County of Hoke .......................................................................................................................... 18 County of Moore ........................................................................................................................ 19 County of Robeson ..................................................................................................................... 20 North Carolina Department of Transportation ........................................................................... 21 HCBOC 100124 ws Pg. 33 FAMPO - MOU July 24, 2024 Page 2 of 22 MEMORANDUM OF UNDERSTANDING FOR COOPERATIVE, COMPREHENSIVE, AND CONTINUING TRANSPORTATION PLANNING FOR THE FAYETTEVILLE URBAN AREA AMONG THE CITY OF FAYETTEVILLE, THE TOWN OF EASTOVER, THE TOWN OF HOPE MILLS, THE TOWN OF PARKTON, THE CITY OF RAEFORD, THE TOWN OF SPRING LAKE, THE TOWN OF ERWIN, THE FORT LIBERTY MILITARY RESERVATION, THE COUNTY OF CUMBERLAND, THE COUNTY OF HARNETT, THE COUNTY OF HOKE, THE COUNTY OF MOORE, THE COUNTY OF ROBESON, AND THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION IN COOPERATION WITH THE UNITED STATES DEPARTMENT OF TRANSPORTATION WITNESSETH: WHEREAS, certain of the parties hereto have previously entered into a Memorandum of Understanding for cooperative, comprehensive, and continuing transportation planning through the Fayetteville Area Metropolitan Planning Organization (FAMPO), which agreement was last amended in December 2014 and amended in May 2021 to add membership for the Fort Liberty Military Reservation; and WHEREAS, the parties desire to continue that transportation planning through the FAMPO and amend and expand the agreement to include additional parties and clarify their respective roles and responsibilities; and WHEREAS, each Metropolitan Planning Organization (MPO) is required to develop a Metropolitan Transportation Plan in cooperation with NCDOT and in accordance with 23 U.S.C. §134, any amendments thereto, and any implementing regulations; and a Comprehensive Transportation Plan in accordance with North Carolina General Statute §136- 66.2; and WHEREAS, the Metropolitan Transportation Plan serves as the basis for future transportation improvements within the Metropolitan Planning Area; and WHEREAS, the parties intend that this Memorandum of Understanding shall supersede all prior memoranda of understanding among any of them pertaining to the FAMPO. NOW THEREFORE, in consideration of the mutual benefits afforded to each party, the parties agree as follows: Section 1. Boundary of the Metropolitan Planning Area The Fayetteville Urban Metropolitan Planning Area consists of the Fayetteville Urban Area as defined by the United States Department of Commerce, Bureau of the Census, plus that area beyond the existing urbanized area boundary that is expected to become urbanized within a twenty-year planning period. This area is hereinafter referred to as the Metropolitan Planning Area. Per federal regulation, a Metropolitan Planning Organization, in cooperation with the NCDOT and public transit operators, is required to review the Metropolitan Planning Area (MPA) after each Census to determine if the existing MPA boundary meets the minimum HCBOC 100124 ws Pg. 34 FAMPO - MOU July 24, 2024 Page 3 of 22 statutory requirements for new and updated urbanized areas and shall adjust the boundary as necessary. This MOU recognizes the FAMPO’s adherence to this regulation and has fulfilled its requirements by completing a formal Boundary Assessment which has involved collaboration and engagement with all agencies within the NCDOT 2050 Travel Demand Model Boundary. Upon adoption of this MOU and its establishment of the FAMPO Boundary, there shall be no additional member agencies of the FAMPO Planning Boundary until the next review of the FAMPO Boundary. Section 2. Planning Responsibility within the Metropolitan Planning Area Cooperative, continuing and comprehensive transportation planning shall be undertaken in the Metropolitan Planning Area by the FAMPO in accordance with all applicable federal and state statutes. The FAMPO shall coordinate any transportation planning it undertakes which may have a regional impact with the Capital Area Metropolitan Planning Organization, Sandhills Metropolitan Planning Organization, Central Pines Rural Planning Organization, Mid-Carolina Rural Planning Organization and the Lumber River Rural Planning Organization. Section 3. Establishment of the FAMPO Technical Advisory Committee The FAMPO shall be governed by a Technical Advisory Committee (TAC) which shall be the policy making board for the MPO and shall be constituted as follows: The voting members of the FAMPO TAC shall consist of Elected Officials. An Elected Official will represent each member Local Governments party to this agreement plus an additional representative from the City Council of Fayetteville, appointed by the Chief Elected Official, a representative the Transit Operator for the City of Fayetteville; a representative from the Fort Liberty Military Reservation. A member of any local elected board may serve as an alternate to the designated TAC member for each member. The MPO staff shall be notified of changes in TAC members and TAC alternate members each year and/or as changes are made. As established in its Bylaws, the TAC may create subcommittees to assist it in carrying out its responsibilities. TAC will meet with the necessary regularity to ensure adequate performance of duties as described herein. In addition, the board of directors of the FAMPO shall include a non-voting representative from the Federal Highway Administration -North Carolina Division, and a non -voting representative from the Federal Transit Administration-Region IV. The members representing the Fort Liberty Military Reservation and the state and federal agencies shall be selected as determined by the agencies they are representing. TAC Voting members: 1.County of Cumberland 2.County of Harnett 3.County of Hoke 4.County of Moore 5.County of Robeson 6.Town of Eastover 7.Town of Erwin 8.City of Fayetteville (2) 9.Fort Liberty Military Reservation 10.Town of Hope Mills HCBOC 100124 ws Pg. 35 FAMPO - MOU July 24, 2024 Page 4 of 22 11.Town of Parkton 12.City of Raeford 13.Town of Spring Lake 14.North Carolina Board of Transportation - Division 6 15.North Carolina Board of Transportation - Division 8 Section 4. Conduct of Business by the Technical Advisory Committee (TAC) The FAMPO Technical Advisory Committee will meet as often as it deems appropriate and advisable. The Technical Advisory Committee will adopt by-laws and select a Chair and Vice- Chair and conduct its business in accordance with its adopted by - laws. All meetings of the board of directors shall be subject to the Open Meetings Law. Section 5. Role and Responsibilities of the FAMPO The FAMPO board of directors will be responsible for carrying out the provisions of 23 U.S.C. §134 (Federal Highway Administration); and 49 U.S.C. §§5303, 5304, 5305, 5306 and 5307(Federal Transit Administration); including the following duties and responsibilities: 5.1. Review and approval of the annual transportation Unified Planning Work Program and any subsequent amendments; 5.2. Review and approval of the Transportation Improvement Program for multimodal capital and operating expenditures to insure coordination between local and State capital and operating improvement programs and any subsequent amendments. 5,3, Review and approval of the Metropolitan Transportation Plan, and subsequent changes thereto, and the Comprehensive Transportation Plan as required by the N.C.G.S. §136-66.2(d). Revisions in the transportation plans must be jointly approved by the FAMPO board of directors and the North Carolina Department of Transportation. 5.4. Endorsement, review and approval of changes to the Federal Highway Administration Functional Classification System, the Adjusted Urbanized Area Boundary and the Metropolitan Planning Area Boundary. 5.5. Endorsement, review and approval of a Prospectus for Transportation Planning which defines work tasks and responsibilities for the various agencies participating in the transportation planning process. 5.6. Establishment of goals and objectives for the transportation planning process reflective of and responsive to such comprehensive plans for growth and development in the Metropolitan Planning Area as adopted by FAMPO Local Government Boards. 5.7. Approval and distribution of federal funds designated for the Metropolitan Planning Area under the provisions of MAP-21 and any other subsequent transportation funding authorizations. Section 6. Establishment of the Transportation Coordinating Committee (the TCC) 6.1. The parties acknowledge that transportation planning is a specialized field. In order to give the FAMPO, through its duly constituted Transportation Advisory Committee (the TAC), HCBOC 100124 ws Pg. 36 FAMPO - MOU July 24, 2024 Page 5 of 22 access to the technical expertise necessary to meet the requirements of federal and state law, a Technical Coordinating Committee (the TCC) shall be established with the responsibility for advising the FAMPO on the technical aspects of the transportation planning process, performing such technical analysis as necessary to support transportation planning and making recommendations to the FAMPO and local and State governmental agencies for any necessary actions relating to the continuing transportation planning process. 6.2. Membership of the TCC shall include technical representation from all local and State governmental agencies directly related to and concerned with the transportation planning process for the Metropolitan Planning Area and shall consist of the following: Voting members: 1. City Manager, City of Raeford 2. County Manager, County of Cumberland 3. County Manager, County of Hoke 4. County Manager or Director Planning and Inspections, County of Moore 5. County Manager, County of Robeson 6. Town Manager, Town of Eastover Town 7. Manager, Town of Hope Mills Town 8. Manager, Town of Spring Lake 9. Town Manager, Town of Erwin 10. Director, Cumberland County Planning and Inspections Department 11. Director, Fayetteville Area System of Transit (FAST) 12. Director, Fayetteville -Cumberland County Parks and Recreation Department 13. Director, City of Fayetteville, Public Services 14. Director, Cumberland County Engineering and Infrastructure Department 15. Director, Fayetteville Regional Airport 16. Director, City of Fayetteville, Development Services 17. City Traffic Engineer, City of Fayetteville 18. Director, Central Pines Rural Planning Organization 19. Director, Mid Carolina Rural Planning Organization 20. Planner, Lumber River Rural Planning Organization 21. Regional Planner, IMD NCDOT 22. Manager, Harnett County Planning Services 23. Supervisor, Cumberland County Schools Planning Department 24. Supervisor, Hoke County Schools Planning Department 25. Supervisor, Harnett County Schools Planning Department 26. Transportation Planning Division, NCDOT 27. Executive Director, Mid-Carolina Council of Governments 28. Executive Director, Sustainable Sandhills 29. Assoc. Vice-Chancellor for Facilities Management at Fayetteville State University 30. Facilities Director, Methodist University 31. Facilities Director, Fayetteville Technical Community College 32. Directorate of Facilities, Fort Liberty Military Reservation 33. Division Engineer, Division Six, Division of Highways, NCDOT 34. Division Engineer, Division Eight, Division of Highways, NCDOT HCBOC 100124 ws Pg. 37 FAMPO - MOU July 24, 2024 Page 6 of 22 At Large Voting Members, selected by the agency they represent: 1.President/C.E.O. of the Fayetteville -Cumberland County Chamber of Commerce 2. Director of Cumberland County Transportation Program Non-voting members, serving ex-officio: 1.Transportation Planner, FHWA, NC Division 2.Region IV, Federal Transit Administration (FTA) Section 7. Conduct of Business by the TCC The TCC will meet as often as it deems appropriate and advisable. The TCC will adopt by-laws and select a Chair and Vice-chair and conduct its business in accordance with its adopted by - laws. All meetings of the TCC shall be subject to the Open Meetings Law. Section 8. Role and Responsibilities of the TCC The TCC shall be responsible for development, review, and recommendation for approval of the Prospectus, Transportation Improvement Program, Federal -Aid Urban System and Boundary, revisions to the Transportation Plan, planning citizen participation, and documentation reports on the transportation study. Section 9. Establishment of the Citizens Advisory Committee (the CAC) There shall also be a Citizens Advisory Committee (the CAC) established consisting of no less than 11 and not more than 17 interested citizens who reside within the Metropolitan Planning Area, The members of the CAC shall be appointed by the FAMPO board of directors and shall be selected to represent areas of interest and interest groups, including traditionally underrepresented members of the community, to address such interests as bicycle paths, pedestrian greenways, environmental concerns, road safety, traffic congestion, freight, rail and transit and with representatives including advocates for the disabled, seniors and minorities. Section 10. Conduct of Business by the CAC The CAC will meet as often as it deems appropriate and advisable to make recommendations to the TAC and the TCC. The CAC will adopt by -laws and select a Chair and Vice -chair and conduct its business in accordance with its adopted by- laws. All meetings of the CAC shall be subject to the Open Meetings Law. Section 11. The Executive Director Administrative coordination for the FAMPO (TAC), the TCC and the CAC will be performed by an Executive Director. The Executive Director shall be selected by a panel consisting of the Development Services Director and the Public Services Director for the City of Fayetteville, the Director of Planning and Inspections for Cumberland County, and the managers or the designees of the managers of the towns of Hope Mills and Spring Lake. The Executive Director shall become an employee of Cumberland County, subject to the provisions of Cumberland County's personnel rules and policies, assigned to the Cumberland County Planning and Inspections Department and report to the county's Director of Planning and Inspections. The Executive Director shall select such other staff as may be budgeted in accordance with the selection and recruitment rules and policies of Cumberland County. All staff selected by the Executive Director shall become employees of Cumberland County assigned to the Cumberland County Planning and Inspections Department and subject to the provisions of the County's personnel rules and policies. HCBOC 100124 ws Pg. 38 FAMPO - MOU July 24, 2024 Page 7 of 22 Section 12. Role and Responsibilities of the Executive Director 12.1. The Executive Director shall serve ex officio as the Secretary of the FAMPO Board of Directors (the TAC), the TCC and the CAC and shall be responsible to arrange the meetings and agendas and maintain the minutes and records of each. In addition, the Executive Director shall prepare the Prospectus, the Unified Planning Work Program the (UPWP), a Transportation Improvement Program in accordance with federal and state regulations and requirements; develop a Transportation Plan in accordance with federal and state regulations; maintain the Transportation Plan; execute the transportation planning process in accordance with federal and state laws and regulations; prepare invoices and progress reports in accordance with federal, state, and local requirements; structure the public involvement process needed to ensure that the UPWP, Transportation Plan, Transportation Improvement Program, and any transportation conformity determinations meet federal requirements; and consult with the FAMPO TAC, TCC and CAC regarding the best approaches to performing the duties listed above. 12.2. In advance of making any proposal or recommendation to the TAC, the TCC or the CAC, the Executive Director shall provide such recommendation to the chief planning official for every jurisdiction within the Metropolitan Planning Area which may be impacted by such proposal or recommendation in sufficient time for the chief planning official to review and comment on the proposal or recommendation. Section 13. Additional Responsibilities of Member Governments 13.1. The representative from each Local Government on the FAMPO board of directors shall be responsible for instructing the clerk of his/ her local government to provide to the Executive Director copies of the minutes of any action taken by his/her local government which involves any MPO plan. 13.2. Each member signatory local government shall coordinate zoning and subdivision approval in their respective jurisdictions in accordance with the FAMPO adopted transportation plan. 13.3. As the host agency, the Cumberland County Planning and Inspections Department will serve as the Lead Planning Agency for transportation planning in the Metropolitan Planning Area. All other member signatory local governments will assist in the transportation planning process by providing planning assistance, data, and inventories in accordance with the Prospectus for Transportation Planning. Section 14. Funding and Fiscal Matters 14.1. All transportation and related federal aid planning grant funds available to promote the cooperative transportation planning process will be expended in accordance with the Unified Planning Work Program adopted by the TAC, Administration of funding in support of the Transportation Planning Process on behalf of the TAC will be conducted by the County of Cumberland as the host planning agency. Cumberland County will execute appropriate agreements with funding agencies as provided by the Planning Work Program. 14.2. The local match for the Federal Aid planning funds will be determined based on the current federal matching requirements. The signatory General Purpose Local Governments will contribute to the local match requirement based on their percentage of the population within the Metropolitan Planning Area at the most recent decennial census. Only the non -municipal HCBOC 100124 ws Pg. 39 FAMPO - MOU July 24, 2024 Page 8 of 22 population of those portions of counties located within the Metropolitan Planning Area shall be counted for counties. Member governments may also be asked to contribute additional local funding for projects wholly within their jurisdictional limits. 14.3. The fair market rental value of the office space provided by the Cumberland County Planning and Inspections Department as the host agency will be counted toward Cumberland County's match as an in-kind contribution. The fair market value of the rent shall be figured as the same annual rate per square foot that Cumberland County receives from the State of North Carolina for any other county-owned office space rented by the State. Section 15. Duration of the Agreement Any party may terminate its participation in the MPO and remove itself from this Agreement by giving sixty days' advance notice in a writing signed by the Chief Elected Official, if a local government, or by the chief executive officer of the agency, if not a local government. This notice shall be delivered to the Chairman of the FAMPO Board of Directors and to the Executive Director. HCBOC 100124 ws Pg. 40 FAMPO - MOU July 24, 2024 Page 9 of 22 IN WITNESS WHEREOF, the parties to this Memorandum of Understanding have been authorized by appropriate action to sign the same, the City of Fayetteville by its Mayor, the Town of Eastover by its Mayor, the Town of Erwin by its Mayor, the Town of Hope Mills by its Mayor, the Town of Parkton by its Mayor, the City of Raeford by its Mayor, the Town of Spring Lake by its Mayor, Fort Liberty Military Reservation by its Director of Public Works , the County of Cumberland by its Chair, the County of Harnett by its Chair, the County of Hoke by its Chair, the County of Moore by its Chair, the County of Robeson by its Chair and the North Carolina Department of Transportation by the Secretary of Transportation. (Seal) City of Fayetteville By ________________________________ Mayor Clerk Approval Date: ____________________________ HCBOC 100124 ws Pg. 41 FAMPO - MOU July 24, 2024 Page 10 of 22 IN WITNESS WHEREOF, the parties to this Memorandum of Understanding have been authorized by appropriate action to sign the same, the City of Fayetteville by its Mayor, the Town of Eastover by its Mayor, the Town of Erwin by its Mayor, the Town of Hope Mills by its Mayor, the Town of Parkton by its Mayor, the City of Raeford by its Mayor, the Town of Spring Lake by its Mayor, Fort Liberty Military Reservation by its Director of Public Works , the County of Cumberland by its Chair, the County of Harnett by its Chair, the County of Hoke by its Chair, the County of Moore by its Chair, the County of Robeson by its Chair and the North Carolina Department of Transportation by the Secretary of Transportation. (Seal) Town of Eastover By ________________________________ Mayor Clerk Approval Date: ____________________________ HCBOC 100124 ws Pg. 42 FAMPO - MOU July 24, 2024 Page 11 of 22 IN WITNESS WHEREOF, the parties to this Memorandum of Understanding have been authorized by appropriate action to sign the same, the City of Fayetteville by its Mayor, the Town of Eastover by its Mayor, the Town of Erwin by its Mayor, the Town of Hope Mills by its Mayor, the Town of Parkton by its Mayor, the City of Raeford by its Mayor, the Town of Spring Lake by its Mayor, Fort Liberty Military Reservation by its Director of Public Works, the County of Cumberland by its Chair, the County of Harnett by its Chair, the County of Hoke by its Chair, the County of Moore by its Chair, the County of Robeson by its Chair and the North Carolina Department of Transportation by the Secretary of Transportation. (Seal) Town of Erwin By ________________________________ Mayor Clerk Approval Date: ____________________________ HCBOC 100124 ws Pg. 43 FAMPO - MOU July 24, 2024 Page 12 of 22 IN WITNESS WHEREOF, the parties to this Memorandum of Understanding have been authorized by appropriate action to sign the same, the City of Fayetteville by its Mayor, the Town of Eastover by its Mayor, the Town of Erwin by its Mayor, the Town of Hope Mills by its Mayor, the Town of Parkton by its Mayor, the City of Raeford by its Mayor, the Town of Spring Lake by its Mayor, Fort Liberty Military Reservation by its Director of Public Works , the County of Cumberland by its Chair, the County of Harnett by its Chair, the County of Hoke by its Chair, the County of Moore by its Chair, the County of Robeson by its Chair and the North Carolina Department of Transportation by the Secretary of Transportation. (Seal) Town of Hope Mills By ________________________________ Mayor Clerk Approval Date: ____________________________ HCBOC 100124 ws Pg. 44 FAMPO - MOU July 24, 2024 Page 13 of 22 IN WITNESS WHEREOF, the parties to this Memorandum of Understanding have been authorized by appropriate action to sign the same, the City of Fayetteville by its Mayor, the Town of Eastover by its Mayor, the Town of Erwin by its Mayor, the Town of Hope Mills by its Mayor, the Town of Parkton by its Mayor, the City of Raeford by its Mayor, the Town of Spring Lake by its Mayor, Fort Liberty Military Reservation by its Director of Public Works , the County of Cumberland by its Chair, the County of Harnett by its Chair, the County of Hoke by its Chair, the County of Moore by its Chair, the County of Robeson by its Chair and the North Carolina Department of Transportation by the Secretary of Transportation. (Seal) Town of Parkton By ________________________________ Mayor Clerk Approval Date: ____________________________ HCBOC 100124 ws Pg. 45 FAMPO - MOU July 24, 2024 Page 14 of 22 IN WITNESS WHEREOF, the parties to this Memorandum of Understanding have been authorized by appropriate action to sign the same, the City of Fayetteville by its Mayor, the Town of Eastover by its Mayor, the Town of Erwin by its Mayor, the Town of Hope Mills by its Mayor, the Town of Parkton by its Mayor, the City of Raeford by its Mayor, the Town of Spring Lake by its Mayor, Fort Liberty Military Reservation by its Director of Public Works , the County of Cumberland by its Chair, the County of Harnett by its Chair, the County of Hoke by its Chair, the County of Moore by its Chair, the County of Robeson by its Chair and the North Carolina Department of Transportation by the Secretary of Transportation. (Seal) City of Raeford By _______________________________ Mayor Clerk Approval Date: ____________________________ HCBOC 100124 ws Pg. 46 FAMPO - MOU July 24, 2024 Page 15 of 22 IN WITNESS WHEREOF, the parties to this Memorandum of Understanding have been authorized by appropriate action to sign the same, the City of Fayetteville by its Mayor, the Town of Eastover by its Mayor, the Town of Erwin by its Mayor, the Town of Hope Mills by its Mayor, the Town of Parkton by its Mayor, the City of Raeford by its Mayor, the Town of Spring Lake by its Mayor, Fort Liberty Military Reservation by its Director of Public Works , the County of Cumberland by its Chair, the County of Harnett by its Chair, the County of Hoke by its Chair, the County of Moore by its Chair, the County of Robeson by its Chair and the North Carolina Department of Transportation by the Secretary of Transportation. (Seal) Town of Spring Lake By ________________________________ Mayor Clerk Approval Date: ____________________________ HCBOC 100124 ws Pg. 47 FAMPO - MOU July 24, 2024 Page 16 of 22 IN WITNESS WHEREOF, the parties to this Memorandum of Understanding have been authorized by appropriate action to sign the same, the City of Fayetteville by its Mayor, the Town of Eastover by its Mayor, the Town of Erwin by its Mayor, the Town of Hope Mills by its Mayor, the Town of Parkton by its Mayor, the City of Raeford by its Mayor, the Town of Spring Lake by its Mayor, Fort Liberty Military Reservation by its Director of Public Works , the County of Cumberland by its Chair, the County of Harnett by its Chair, the County of Hoke by its Chair, the County of Moore by its Chair, the County of Robeson by its Chair and the North Carolina Department of Transportation by the Secretary of Transportation. Fort Liberty Military Reservation By ________________________________________________________ Director of Public Works on behalf of the Garrison Commander Approval Date: ____________________________ HCBOC 100124 ws Pg. 48 FAMPO - MOU July 24, 2024 Page 17 of 22 IN WITNESS WHEREOF, the parties to this Memorandum of Understanding have been authorized by appropriate action to sign the same, the City of Fayetteville by its Mayor, the Town of Eastover by its Mayor, the Town of Erwin by its Mayor, the Town of Hope Mills by its Mayor, the Town of Parkton by its Mayor, the City of Raeford by its Mayor, the Town of Spring Lake by its Mayor, Fort Liberty Military Reservation by its Director of Public Works , the County of Cumberland by its Chair, the County of Harnett by its Chair, the County of Hoke by its Chair, the County of Moore by its Chair, the County of Robeson by its Chair and the North Carolina Department of Transportation by the Secretary of Transportation. (Seal) County of Cumberland By ________________________________ Chairman, Board of Commissioners Clerk Approval Date: ____________________________ HCBOC 100124 ws Pg. 49 FAMPO - MOU July 24, 2024 Page 18 of 22 IN WITNESS WHEREOF, the parties to this Memorandum of Understanding have been authorized by appropriate action to sign the same, the City of Fayetteville by its Mayor, the Town of Eastover by its Mayor, the Town of Erwin by its Mayor, the Town of Hope Mills by its Mayor, the Town of Parkton by its Mayor, the City of Raeford by its Mayor, the Town of Spring Lake by its Mayor, Fort Liberty Military Reservation by its Director of Public Works , the County of Cumberland by its Chair, the County of Harnett by its Chair, the County of Hoke by its Chair, the County of Moore by its Chair, the County of Robeson by its Chair and the North Carolina Department of Transportation by the Secretary of Transportation. (Seal) County of Harnett By ________________________________ Chairman, Board of Commissioners Clerk Approval Date: ____________________________ HCBOC 100124 ws Pg. 50 FAMPO - MOU July 24, 2024 Page 19 of 22 IN WITNESS WHEREOF, the parties to this Memorandum of Understanding have been authorized by appropriate action to sign the same, the City of Fayetteville by its Mayor, the Town of Eastover by its Mayor, the Town of Erwin by its Mayor, the Town of Hope Mills by its Mayor, the Town of Parkton by its Mayor, the City of Raeford by its Mayor, the Town of Spring Lake by its Mayor, Fort Liberty Military Reservation by its Director of Public Works , the County of Cumberland by its Chair, the County of Harnett by its Chair, the County of Hoke by its Chair, the County of Moore by its Chair, the County of Robeson by its Chair and the North Carolina Department of Transportation by the Secretary of Transportation. Approval Date: ____________________________ (Seal) County of Hoke By _______________________________ Chairman, Board of Commissioners Clerk HCBOC 100124 ws Pg. 51 FAMPO - MOU July 24, 2024 Page 20 of 22 IN WITNESS WHEREOF, the parties to this Memorandum of Understanding have been authorized by appropriate action to sign the same, the City of Fayetteville by its Mayor, the Town of Eastover by its Mayor, the Town of Erwin by its Mayor, the Town of Hope Mills by its Mayor, the Town of Parkton by its Mayor, the City of Raeford by its Mayor, the Town of Spring Lake by its Mayor, Fort Liberty Military Reservation by its Director of Public Works, the County of Cumberland by its Chair, the County of Harnett by its Chair, the County of Hoke by its Chair, the County of Moore by its Chair, the County of Robeson by its Chair and the North Carolina Department of Transportation by the Secretary of Transportation. (Seal) County of Moore By ________________________________ Chairman, Board of Commissioners Clerk Approval Date: ____________________________ HCBOC 100124 ws Pg. 52 FAMPO - MOU July 24, 2024 Page 21 of 22 IN WITNESS WHEREOF, the parties to this Memorandum of Understanding have been authorized by appropriate action to sign the same, the City of Fayetteville by its Mayor, the Town of Eastover by its Mayor, the Town of Erwin by its Mayor, the Town of Hope Mills by its Mayor, the Town of Parkton by its Mayor, the City of Raeford by its Mayor, the Town of Spring Lake by its Mayor, Fort Liberty Military Reservation by its Director of Public Works , the County of Cumberland by its Chair, the County of Harnett by its Chair, the County of Hoke by its Chair, the County of Moore by its Chair, the County of Robeson by its Chair and the North Carolina Department of Transportation by the Secretary of Transportation. Approval Date: ____________________________ (Seal) County of Robeson By _______________________________ Chairman, Board of Commissioners Clerk HCBOC 100124 ws Pg. 53 FAMPO - MOU July 24, 2024 Page 22 of 22 IN WITNESS WHEREOF, the parties to this Memorandum of Understanding have been authorized by appropriate action to sign the same, the City of Fayetteville by its Mayor, the Town of Eastover by its Mayor, the Town of Erwin by its Mayor, the Town of Hope Mills by its Mayor, the Town of Parkton by its Mayor, the City of Raeford by its Mayor, the Town of Spring Lake by its Mayor, Fort Liberty Military Reservation by its Director of Public Works , the County of Cumberland by its Chair, the County of Harnett by its Chair, the County of Hoke by its Chair, the County of Moore by its Chair, the County of Robeson by its Chair and the North Carolina Department of Transportation by the Secretary of Transportation. North Carolina Department of Transportation By ________________________________________________________ Secretary of Transportation Approval Date: ____________________________ HCBOC 100124 ws Pg. 54 \\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2024\100124 ws\7.1 RFQ Kittelson Agenda Form_Development Services (002).docx Page 1 of 2 Board Meeting Agenda Item MEETING DATE: October 7, 2024 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Discuss the Request for Qualifications for On-Call Transporation Planning Services REQUESTED BY: Mark Locklear, Director of Development Serivces REQUEST: Development Services seeks the Board's approval to being negotiations for a contract with Kittelson and Associates for on-call transportation planning services. On May 6, 2024, the Board approved a request for Development Services to begin contract negotiations with the firm LJB Engineering to provide on-call transportation planning services for the county. However, following a change in leadership at LJB Engineering, staff determined that the firm is no longer the most qualified option. As a result, negotiations with LJB Engineering have been discontinued. Development Services is now requesting to begin negotiating a contract with the next most qualified firm, Kittelson & Associates. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 7 HCBOC 100124 ws Pg. 55 S:\Admin\Contracts\Tenant Agreements-Contracts\SASO\Southeastern Aero\Southeastern Aero agenda 2024.docx Page 1 of 2 Board Meeting Agenda Item MEETING DATE: October 7, 2024 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Special Aviation Service Organization (SASO) Agreement to Operate at Harnett Regional Jetport REQUESTED BY: Greg Frank REQUEST: The Jetport Director requests the Board of Commissioners review and approve an agreement with Southeastern Aero, LLC to operate a Special Aviation Service Organization (SASO) to provide maintenance activities at Harnett Regional Jetport. The term of the agreement will be from July 1, 2024 to June 30, 2029 with Southeastern Aero providing an annual payment of $900.00. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 8 HCBOC 100124 ws Pg. 56 HCBOC 100124 ws Pg. 57 HCBOC 100124 ws Pg. 58 HCBOC 100124 ws Pg. 59 HCBOC 100124 ws Pg. 60 HCBOC 100124 ws Pg. 61 HCBOC 100124 ws Pg. 62 HCBOC 100124 ws Pg. 63 HCBOC 100124 ws Pg. 64 HCBOC 100124 ws Pg. 65 \\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2024\100124 ws\9.1 24.09.12 - Global Medical Response Agenda Request.docx Page 1 of 2 Board Meeting Agenda Item MEETING DATE: October 7, 2024 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Extending Hangar Lease Agreement for Global Medical Response - Med Trans Corporation REQUESTED BY: Greg Frank REQUEST: Jetport requests the Board of Commissioners to renew the hangar lease agreement with Global Medical Response - Med Trans Corp for an additional three years. Tenant has been in good standing with the Jetport and is eligilble to extend the lease. Term will be from July 1, 2024 to June 30, 2027. The fee will continue to be paid at the rate of $1,500.00 per month. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 9 HCBOC 100124 ws Pg. 66 HCBOC 100124 ws Pg. 67 HCBOC 100124 ws Pg. 68 HCBOC 100124 ws Pg. 69 HCBOC 100124 ws Pg. 70 HCBOC 100124 ws Pg. 71 Item 10 HCBOC 100124 ws Pg. 72 \\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2024\100124 ws\11.1 agendaform2024 FY25 ROAP Application.docx Page 1 of 2 Board Meeting Agenda Item MEETING DATE: October 7, 2024 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: North Carolina Department of Transportation/Integrated Mobility Division (NCDOT/IMD) Application for FY2025 Rural Operating Assistance Program (ROAP) Funds REQUESTED BY: Barry A. Blevins, General Services Director REQUEST: General Services/Harnett Area Rural Transit System (HARTS) requests the Board of Commissioners consider and approve the FY25 NCDOT/IMD ROAP application as well as authorizing the County Manager and Finance Officer to sign aforementioned application. ROAP is a state funded public transportation program administered by NCDOT/IMD. ROAP funding includes project categories: Elderly and/or Disabled Transportation Assistance (EDTAP), Employment and Transportation Assistance Program (EMPL), and Rural General Public (RGP) programs. Programs are funded at 100%. Total FY25 ROAP Allocation is $281,152. Item 11 HCBOC 100124 ws Pg. 73 Item 12 HCBOC 100124 ws Pg. 74 HCBOC 100124 ws Pg. 75 HCBOC 100124 ws Pg. 76 HCBOC 100124 ws Pg. 77 HCBOC 100124 ws Pg. 78 HCBOC 100124 ws Pg. 79 HCBOC 100124 ws Pg. 80 HCBOC 100124 ws Pg. 81 HCBOC 100124 ws Pg. 82 HCBOC 100124 ws Pg. 83 HCBOC 100124 ws Pg. 84 HCBOC 100124 ws Pg. 85 HCBOC 100124 ws Pg. 86 HCBOC 100124 ws Pg. 87 HCBOC 100124 ws Pg. 88 HCBOC 100124 ws Pg. 89 HCBOC 100124 ws Pg. 90 HCBOC 100124 ws Pg. 91 HCBOC 100124 ws Pg. 92 HCBOC 100124 ws Pg. 93 HCBOC 100124 ws Pg. 94 HCBOC 100124 ws Pg. 95 HCBOC 100124 ws Pg. 96 HCBOC 100124 ws Pg. 97 HCBOC 100124 ws Pg. 98 HCBOC 100124 ws Pg. 99 HCBOC 100124 ws Pg. 100 HCBOC 100124 ws Pg. 101 HCBOC 100124 ws Pg. 102 HCBOC 100124 ws Pg. 103 HCBOC 100124 ws Pg. 104 HCBOC 100124 ws Pg. 105 HCBOC 100124 ws Pg. 106 HCBOC 100124 ws Pg. 107 \\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2024\100124 ws\13.1 agendaform2024 Tech Use Policy update.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: October 7, 2024 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Technology Use Policy Update REQUESTED BY: Ira Hall, CIO REQUEST: According to recent legislation, Harnett County needs to update the Technology Use Policy around pornographic material. Harnett County IT and Legal has proposed the updated policy changes as required by the new state law S.L. 2024-26. Harnett County IT has also updated wording around emailing personal identifiable information to inform users that email is an unencrypted form of communication and that personal information of any type should not be shared with this medium FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 13 HCBOC 100124 ws Pg. 108 T e c h n o l o g y U s e P o l i c y 1 | P a g e Harnett County TECHNOLOGY USE POLICY INFORMATION TECHNOLOGY DEPARTMENT October 25, 2022 Adopted & Effective: HCBOC 100124 ws Pg. 109 T e c h n o l o g y U s e P o l i c y 2 | P a g e Harnett County TECHNOLOGY USE POLICY Table of Contents PURPOSE, SCOPE & OWNERSHIP ................................................................................................3 DEFINITIONS ...............................................................................................................................5 SECURITY ....................................................................................................................................7 ACCEPTABLE USE ......................................................................................................................11 UNACCEPTABLE USE .................................................................................................................12 VIRUS & MALWARE PROTECTION .............................................................................................13 INTERNET USE ...........................................................................................................................14 COUNTY WEBSITES ...................................................................................................................14 ELECTRONIC MAIL .....................................................................................................................16 TELEPHONES & MOBILE DEVICES ..............................................................................................18 Landline Phones ................................................................................................................................ 18 Cellular Phones & Smartphones ........................................................................................................ 19 iPads and Tablets .............................................................................................................................. 19 Mobile Data Terminals (MDTs) – Public Safety................................................................................... 20 DESTRUCTION OF PUBLIC RECORDS ..........................................................................................21 COMPLIANCE ............................................................................................................................21 MISCELLANEOUS .......................................................................................................................19 HCBOC 100124 ws Pg. 110 T e c h n o l o g y U s e P o l i c y 3 | P a g e Harnett County TECHNOLOGY USE POLICY PURPOSE, SCOPE & OWNERSHIP This policy covers the use of all technology resources belonging to the Harnett County, hereafter referred to as County. It includes, but is not limited to all computer systems of any size and function and their attached peripherals, software, phones, all mobile communication devices, faxes, copiers, printers, camera systems, voice mail systems, e-mail systems, network resources, user accounts, electronic door locks, time clocks, ID badges, radios, data in any format and any network accessed by these systems including the Internet. Systems containing County data, which are hosted by third parties outside of the County’s network, and the personnel with access to those systems, are also subject to this policy. All technology resources owned, rented, or leased by the County are in place to enable the County to provide its services in a timely and efficient manner. This is the primary function of these resources and any activity or action that interferes with this purpose is prohibited. It is critical that these systems and machines be protected from misuse and unauthorized access. All technology resources defined in this section, along with all information transmitted by, received from, and stored upon said systems are considered to be possessed by, and/or the property of the County. Additionally, all documents, messages and attachments composed, sent, received or stored on County Technology Systems are County property. County standards will be established for all technology (hardware and software). Any deviation from these standards may require approval of the department head, Chief Information Officer (CIO), Finance Director, HR Director, and/or the County Manager. Because technology systems are constantly evolving, the County requires its employees to use a common sense approach to the rules set forth below, complying with not only the letter, but also the intent of this policy. In addition to this policy, users are subject to applicable state and federal laws. Improper use or misuse of County Technology Systems on a person’s work time or otherwise is a violation of the County’s personnel policies. User violation could result in disciplinary action including suspension, demotion or dismissal. If a policy violation occurs, aside from disciplinary actions specified under the County’s policy, system access may be revoked in whole or in part if deemed to be in the best interest of the County’s Technology System security. This policy is not intended to supersede any existing laws or policies regarding records that are confidential, including, but not limited to, juvenile records in the Sheriff’s Department, certain information contained in personnel files, or medical files. HCBOC 100124 ws Pg. 111 T e c h n o l o g y U s e P o l i c y 4 | P a g e This policy is intended for internal use by County employees defined as full-time, part-time, temporary and interns, all County Boards and Commissions that may have access to County equipment or resources, and non-County employees covered under this policy, defined as contractors, vendors, and volunteers who use County owned, rented, or leased resources. HCBOC 100124 ws Pg. 112 T e c h n o l o g y U s e P o l i c y 5 | P a g e DEFINITIONS Anti-virus/Anti-malware software – Computer programs that attempt to identify, thwart and eliminate computer viruses and other malicious software. Applications – Computer software such as word processors, which perform productive tasks for users. Authorized Systems – A computer network that allows entry with proper credentials. Backup Schedule – Plan for duplicating County data and programs. Backup Storage Area – Location where County data and programs reside, typically on a tape, disk or hard drive. Blogging – Web log on a website where entries are written in chronological order and commonly displayed in reverse chronological order. Chain Letter – Message that induces the recipient to forward copies of a document to other users. They may contain viruses, false information or threats. Chatroom – A form of digital conferencing that can be real time online conversations. Communications Equipment – Device that is physically attached to the County network and enables transmission of data. Computer Access – Ability to utilize the computer and gain admission into the County’s network. Computer virus – A computer program that can copy itself and infect a computer without permission or knowledge of the user. E-Mail – Electronic Mail: Messages, usually text, sent from one person to another via computer. Group Policy – A feature of Microsoft Windows operating systems that provides centralized management and configuration of computers and remote users. Hardware – The physical components of a computer system (monitor, CPU, keyboard). Instant Messenger – Also known as IM, a program that facilitates live chat. HCBOC 100124 ws Pg. 113 T e c h n o l o g y U s e P o l i c y 6 | P a g e Internet – Vast collection of inter-connected networks that all use the TCP/IP protocols. Malware- malicious software designed to damage or gain unauthorized access to a computer system. Mobile Devices – Computing appliance that is typically handheld. MultiFactor Authentication (MFA)- additional layer of security that authenticates your identity along with your account password. Usually authenticated by a pin sent via text, email or authenticator app. Network – The connection of two or more computers together so that they can share resources. Online Games – Reference to video games that are played over some form of computer network, most commonly the Internet. Peripheral Devices – Any equipment such as printers, copiers, faxes, scanners that attaches to the network. Public Network – Ability to access the Internet without restrictions. Remote Access – Access to County systems from external systems, e.g. via the Internet. Server – Computer or a software package that provides a specific kind of service to client software running on other computers. Social Media – Commonly used websites, such as, Facebook, Twitter, , YouTube, Flickr, Blogger, Google+, Instagram, Snapchat and LinkedIn. Software – Collection of computer programs, procedures and documentations that perform some task on a computer system. TCP/IP – Transmission Control Protocol/Internet Protocol: A suite of protocols that defines the Internet. The method used to transmit and receive data over the Internet. County Websites – County’s collection of web pages hosted by a server. Workstations – Microcomputer designed for technical applications. User – Any individual who interacts with the computer at an application level. VPN – Virtual Private Network: is a network that is constructed by using public connections, usually the Internet, to connect to a private network such as the County’s internal network. HCBOC 100124 ws Pg. 114 T e c h n o l o g y U s e P o l i c y 7 | P a g e SECURITY Security refers to the protection of all technology resources from any kind of damage and the protection of data from unauthorized access, distribution, modification or destruction. The following procedures must be followed to ensure a secure environment. • A user will be authorized access to the County’s computer systems by the appropriate user department head or designee. A request for services must be submitted by the department head or their designee to the Information Technology Department, hereafter referred as the IT Department. The CIO or their designee will establish credentials for the authorized systems, which may include but not limited to software applications, e-mail, Internet, peripheral devices, building access and time clock access. This request should be sent directly to the IT Department from the department head or designee. • Request for services, as well as, any other document containing IT security access information, including but not limited to, usernames, passwords, security questions and answers, and user access rights shall not be considered public record and shall not be released to any person, firm, or entity without direct written permission from the CIO and County Manager. • All County users must read and sign a copy of this policy and return it to their department heads. Department heads and Human Resources will keep a file of signed copies in the employee’s personnel file. • When an employee is suspended or terminated, a written notification will be submitted from the department head or his/her designee to the IT Department immediately. Access to all systems will be suspended immediately. • Non-County employees, as previously defined, will be the responsibility of the department head, who will notify the IT Department when it is necessary to determine accessibility and establish system credentials. • IT Department will ensure security of unattended workstations by utilizing a group policy to lock computer screens after twenty (20) minutes or less of inactivity. Department heads may request a modification of this procedure through written request to the IT Department. Requests will be considered based on location and access HCBOC 100124 ws Pg. 115 T e c h n o l o g y U s e P o l i c y 8 | P a g e levels of the computer or user. Users must logoff all computer systems at the end of each work day. • For security, network, and computer systems maintenance purposes, authorized individuals may monitor equipment, systems, data and network traffic at any time. • Any hardware or peripherals not belonging to the County will not be permitted to attach to the County’s internal network without written authorization from the department head and final approval from the CIO. Personal hardware includes, but is not limited to, computers, cell phones, mobile devices, cameras, iPods, MP3 players, flash drives and portable hard drives. If it is determined that a non-County owned computer or device must attach to the network, a checklist of required software will be provided by IT to the department head. Computer owners are responsible for installing all required software. County IT staff will be available for consultation and will validate all required software before non-County owned equipment can participate on the County’s network. Unauthorized devices connecting to the County’s internal network can create an enormous security risk leaving the County’s network exposed to numerous threats and immeasurable damage. A public/guest network will be provided at all County buildings. Personal devices may connect to public/guest networks upon accepting the Terms of Use. • For remote assistance help desk purposes, authorized individuals may connect through remote access software to equipment, systems, data and network traffic at any time. • The County has the right to monitor, audit, and/or inspect any and all aspects of the County Technology Systems at any time, without advance notice to any users, and without the permission of any user. Failure to monitor in any specific situation does not constitute a waiver of the County’s right to monitor. Users within the scope of this policy are advised that they have no privacy rights and no user of County Technology Systems has any expectation of privacy in any message, file, image, or data sent, retrieved, or received when using County Technology Systems. Employees must understand that all technology resources are County property. • The County does not guarantee the confidentiality of user information stored on any network, computer, or communications device belonging to the County. Users should be aware that the data they create on County technology or communications systems remains the property of the County and is not private (unless the data is protected by privacy or confidentiality laws). Information that is stored on or transmitted to or from County Technology Systems may be subject to disclosure pursuant to the North Carolina Public Records Law. Users should refrain from, where possible, storing personal files and data on County Systems. HCBOC 100124 ws Pg. 116 T e c h n o l o g y U s e P o l i c y 9 | P a g e • Users are responsible for safeguarding their own credentials and computer access and SHALL NOT let another person use their credentials or access. Users are directly accountable for all activity connected to their user ID. • Passwords may be required to be changed every ninety (90) days and SHALL NOT be divulged to any other person. Passwords should be memorized and not written down unless kept in a secure place. The CIO shall determine when access will require routine password changes. • Multi-Factor Authentication (MFA) may be required to utilize any County user account or technology. Users may use their personal or county issued devices to set up an approved authenticator app or a personal or county cell phone number to authenticate. If the user does not wish to use one of these methods, they will be issued a County Security device token. It is imperative that the user keep the device secured at all times. • Security device tokens will be issued to County users to provide access with multi-factor authentication. Routine wear and tear or theft of the token does not incur a charge for replacement, however loss of the token carries a $40 replacement fee. • The County has no control or access to any Authenticator apps used for MFA by the users on their personal device. All authentication is solely handled by the app provider. • Passwords must be changed at any time a user believes their password has been compromised. Any credentials such as ID badges, proximity cards or security tokens that become lost, stolen or misplaced must be reported to the department head and IT Department immediately. • Users SHALL NOT abuse or misuse the County’s technology resources or violate any rules in other portions of the County Personnel Policy, local, state, or federal laws via the County’s technology resources. • Users SHALL NOT copy or attempt to copy any software or data from County Systems without having written authorization. • Users SHALL NOT attempt to bypass any security mechanisms. HCBOC 100124 ws Pg. 117 T e c h n o l o g y U s e P o l i c y 10 | P a g e • No third party may be allowed access to County Systems without prior authorization and approval from the CIO. • Users SHALL NOT engage in abuse or misuse of the County’s technology resources. • Users SHALL NOT install any computer software on any County owned computers or devices, not authorized by the County, regardless of the ownership of the software except as allowed in other sections of this policy. Users may not install software personally owned or downloaded for free from the Internet. This includes but is not limited to, music software, photo software, Internet search software, screen savers and desktop backgrounds. Many of these software applications may contain viruses and/or malware that may compromise the integrity and security of the County’s network. • Administrative rights are granted to IT staff and those departments required by state regulations to have local administrative rights. Department heads must approve software requests and submit to the IT Department. Any software that adversely affects the performance of the machine or network will not be permitted on the County system. • Separation of duties will be practiced in all departments, to the greatest extent possible, such that no individual has total control of a process. • Users shall disclose to their department head, who shall then notify IT of any suspected or confirmed unauthorized use or misuse of technology resources and any potential security breaches or loopholes. • The IT Department, where possible, will work to ensure that all network infrastructures, including but not limited to communications equipment, servers, data cables and telephone cables are secured behind locked doors with limited access by authorized personnel. • Remote access to County systems consumes technology resources above and beyond those required for local access. Remote access shall be granted on a case-by-case basis based upon the unique needs of the user and available resources. Remote access users are subject to all policies herein. HCBOC 100124 ws Pg. 118 T e c h n o l o g y U s e P o l i c y 11 | P a g e ACCEPTABLE USE At all times when an employee is using County technology resources, he or she is representing the County. While in the performance of work-related functions, while on the job, or while using publicly owned or publicly provided technology resources, County employees shall use them responsibly and professionally, and remember that public perception is extremely important. They shall not use these resources in an illegal, malicious, or obscene manner. When using County resources, employees shall abide by all County policies including the County’s policy on sexual harassment. County Technology Systems are intended for business use. However, employees may make reasonable, incidental or occasional, personal use of the County’s computers and data communications. Any personal use must adhere to the following: • Must not incur any additional cost to the County. If, in a critical situation, an employee must use County resources that incur costs, the employee will reimburse the County within 30 days of the occurrence. • Must not incur security risks to the County or the County’s network. • Must not violate the County Personnel Policy. • Must not have a negative impact on employee performance, including interfering with work duties, work performance or work productivity. • Must not have a negative impact on system performance. • Must not violate this Policy or any applicable laws or regulations. • Must not violate contractual agreements or intellectual property rights. • Must not be used for personal gain. • Must not be used for solicitation. HCBOC 100124 ws Pg. 119 T e c h n o l o g y U s e P o l i c y 12 | P a g e Users are required: • To respect the privacy of other users; for example, users shall not intentionally seek information on, obtain copies of, or modify files, data, or passwords belonging to other users, unless explicit permission to do so has been obtained. It shall be understood that this rule does not apply to supervisory personnel, who shall have complete authority to access any files created by users in their departments. • To protect data from unauthorized use or disclosure as required by state and federal laws and agency regulations. (i.e., confidential information) • To respect the integrity of computing systems; for example, users shall not use or develop programs that harass other users, or infiltrate a computer or computing system and/or damage or alter the software components of a computer or computing system, or otherwise interfere with data, hardware, or system operation. • To respect the legal protection provided to programs and data by copyright and license. The County owns licenses to a number of proprietary programs, which allow the County to use the software but severely restricts anything other than the use of the software on a single computer or network. Any redistribution of software from the computing systems breaches agreements with our software suppliers, as well as applicable federal copyright, patent and trade secret laws. U.S. Copyright Law provides for civil damages of $50,000 or more and criminal penalties including fines and imprisonment in cases involving the illegal reproduction of software. Therefore, no copying, downloading, or distributing of any copyrighted materials, including but not limited to messages, e-mail, text files, program files, image files, database files, sound files, and music files is allowed without prior authorization by IT. UNACCEPTABLE USE Unacceptable uses are defined as those uses that do not conform to the purpose, goals, and mission of the County and to each user’s authorized job duties and responsibilities as determined by the County Manager or his/her designee. Examples of unacceptable activities include, but are not limited to: • Private or personal, for-profit activities or for any illegal purpose, including but not limited to communications that violate any laws or regulations. • The use of County Systemsthe County network or any device owned, leased, maintained or otherwise controlled by the County to access, transmit, store, display, or request obscene, pornographic, erotic, profane, racist, sexist, libelous, or otherwise offensive or abusive material (including messages, images, video, or sound). The County may install monitoring software or use filters to monitor or block access to any sites that would or HCBOC 100124 ws Pg. 120 T e c h n o l o g y U s e P o l i c y 13 | P a g e possibly could violate this policy. Any user who attempts to avoid such software or filter or uses a device owned, leased, maintained, or otherwise controlled by the County to access, transmit, store, display, or request such material is in strict violation of this policy and may face disciplinary action, up to and including dismissal in accordance with the Harnett County Personnel Ordinance. For the purposes of this section, “pornography” and “pornographic material” is any material depicting sexual activity as defined in N.C. General Statute § 14-190.13. o Any employee who becomes aware of any individual that uses the County network or uses a device owned, leased, maintained, or otherwise controlled by the County to access pornography shall report the violation to the County’s Chief Information Officer. o Annually, no later than August 1, and in the format required by the State Chief Information Office, the County’s Chief Information Officer shall report information to the State Chief Information Officer on the number of incidences of unauthorized viewing or attempting viewing of pornography on the County’s network or on any device owned, leased, maintained, or otherwise controlled by the County whether or not the unauthorized viewing was by an employee, elected official, or appointee of the County. •o This section shall not apply to an official or employee that is engaged in any of the activities permitted by N.C. General Statute 143-805(d) in the course of that official’s or employee’s official duties. • Intentionally seeking information about, obtaining copies of, or modifying of files, other data, or passwords belonging to other users, unless explicit permission to do so has been obtained. • Interfering with or disrupting users, services, or equipment. Such disruptions would include, but are not limited to (1) distribution of unsolicited advertising or messages, (2) propagation of computer worms or viruses, and (3) attempting to gain unauthorized entry to another computer or computer system whether owned by the County or outside of the County. • Removing or relocating any computer equipment (hardware, software, data, etc.) without supervisor’s prior authorization and IT notification. • Allowing unauthorized users, including an employee’s family or friends, to use the County’s technology resources. VIRUS & MALWARE PROTECTION Formatted: List Paragraph, Right: 0", No bullets ornumbering Formatted HCBOC 100124 ws Pg. 121 T e c h n o l o g y U s e P o l i c y 14 | P a g e Every computer user is to remain vigilant and alert to the possible transmittal and infection of a computer virus. Most e-mail viruses are transmitted through attachments or embedded links. Never click on a link or open attachments that contain the following extensions: .exe, .vbs, .com, .bmt, .hta, .shs, .vbe, .cmd. Upon detecting any virus, or suspected virus, users are to cease activity immediately and report it to the IT Department. Refer to Security section of this policy for software and hardware installation requirements, procedures, and policies. Appropriate anti-virus and anti-malware software will be made available by IT and loaded on every workstation and laptop computer. INTERNET USE A County Internet and network access, whether connected by cable, Wi-Fi, wireless air card, or any other means, is a resource granted to employees upon department head approval. All employees are encouraged to use the Internet to its fullest potential, providing effective services of the highest quality, discovering innovative and creative ways to use resources and improve services, and encouraging staff development. The Internet should be a primary method for the exchange of ideas and information. The Internet provides easy access to software distributed by companies on a trial basis. The free access does not necessarily indicate the software is free or that it may be distributed freely. Users are expected to comply with the copyright policy as previously stated. Users should never use or download software from file sharing websites or services (commonly known as “P2P”). Refer to Security section of this policy on downloading and installing software. Blogging, Instant Messaging, online games, online movie/video streaming, online audio streaming, and chat room participation are not permitted unless demonstrable benefits to productivity are proven. These types of activities place extra strain on network resources and can affect network performance for the entire site. In all cases, prior approval of the department head and the IT Department must be obtained. A public/guest network will be provided for outside vendors, contractors, and users who need to access the Internet for the purpose of demonstrations and presentations to County Staff. County Staff may use public/guest network for personal computers and devices upon user acceptance of Terms and Use. COUNTY WEBSITES In order to maintain a consistent, useful and professional presence on the Internet, IT has established procedures that will assist departments in creating, publishing and maintaining HCBOC 100124 ws Pg. 122 T e c h n o l o g y U s e P o l i c y 15 | P a g e content for the official County website or any sub-website created by any County Department, Board, Commission or entity directly affiliated with the County or which is funded by County funds. Each Department and its employees have a responsibility to make sure that all public information disseminated via the County website is accurate, current as possible, and in accordance with this policy. Employees shall provide, in association with such information, its source and the date it was published. An electronic mail address or other contact information allowing the recipient to contact public staff must be published. Only authorized employees shall be allowed to update the website. Authorized employees are directly accountable for all activity connected to their user ID. Departments who have a need to create or contract for its own physical website must have approval from the County Manager and the IT Department. Links to personal websites are not allowed. Information on events will be limited to those directly sponsored by or affiliated with the County. HCBOC 100124 ws Pg. 123 T e c h n o l o g y U s e P o l i c y 16 | P a g e ELECTRONIC MAIL Electronic mail is intended for County business; however, the County recognizes the fact that the use of e-mail for incidental purposes may occur and is not likely to strain County resources. Personal communications should not be excessive and it must be understood that the use of email passwords does not imply privacy or confidentiality. E-mail messages, made or received in connection with the transaction of public business by any agency of North Carolina government or its subdivisions are considered a public record and the property of the County. The County Manager and supervisory personnel have the right to review the contents of all employees’ e-mails (personal or business related). Employees are solely responsible for how their email is used and managed. Contents of email dictate the retention of email and each email user is responsible for the retention of their own email. Email must be retained according to the procedures defined in the “Email as a Public Record in North Carolina: Guidelines For Its Retention and Disposition” publication, submitted by the NC Department of Cultural Resources or other regulatory agencies as applicable. Personal email addresses being used for County business purposes, including but not limited to employees, County Commissioners, boards and commissions, should follow the same retention guidelines as County email addresses. This policy does not attempt to monitor or manage personal computer accounts or equipment. Where at all possible, official County email addresses should be used to conduct County business. PII or Personally Identifiable Information is any information that relates to a person’s identity which includes such as SSN, birthdate, employer taxpayer identification number, addressdriver’s license number, passport number, state ID number, checking/saving account number, credit/debit card number, PIN code, electronic ID number, internet account number, biometric data, fingerprints, digital signatures, etcpasswords, and any other numbers or information that can be used to access a person’s financial resources. This information must be protected from any sort of data loss or disclosure. Please note that any communication of this type of information must be sent through secure communications only. Email is not a secure means of communication and should not be used to share sensitive data. If youan employee needs to send out any PII, please the employee be sure toshall use a secure method of communication which includes fax, encrypted email, or secure file sharing. If youan employee hasve authorization to access sensitive information, it is you=the employee’sr responsibility to make sure that it is handled securely and not disclosed to any unauthorized personnel. Great care should be used when transmitting or accessing PII. Unacceptable uses of e-mail include, but are not limited to: • Using email software that is not the County adopted standard. • Sending or forwarding chain letters. • Sending or forwarding copies of documents in violation of copyright laws. HCBOC 100124 ws Pg. 124 T e c h n o l o g y U s e P o l i c y 17 | P a g e • Compromising the integrity of the County and its business in any way. • Sending or forwarding messages containing derogatory, racial, offensive, abusive, threatening, obscene, harassing, or other language inappropriate for the organization. • Sending or forwarding messages that violate the County’s sexual harassment policy. • Willful propagation of computer viruses. • Overtaxing the network with unnecessary group mailings or large emails (over 20 MB). Users should utilize SendThisFile, Microsoft 365,or other means of sending large files to recipients. • Sending or forwarding confidential information including, but not limited to personally identifiable information, juvenile records in the Sheriff’s Department, certain information contained in personnel files or medical files. This includes confidential information as defined by state and federal laws and agency regulations. HCBOC 100124 ws Pg. 125 T e c h n o l o g y U s e P o l i c y 18 | P a g e TELEPHONES & MOBILE DEVICES The County may provide telephones and mobile devices to employees for business use, when the budget allows and determined necessary by the department head. A mobile device shall be used for appropriate business purposes. Such use is defined to be appropriate when an employee must utilize the device to further County operations. The County may review call logs, voicemail recordings, text messages, email transcripts, GPS data or any other data contained on or from County owned devices. All devices and accessories provided by the County are property of the County and must be returned upon request. The department head, the Finance Department and the IT Department, shall monitor mobile device use and charges. Any intentional, deliberate misuse of any device may result in the loss of mobile device service and employee reimbursement of charges and could result in disciplinary action. It is the responsibility of the department head, or his/her designee, to review the detailed bills for the department each month. The department head/designee should note usage patterns for both individuals and the department and investigate any unusual or questionable patterns. It is also the department head’s responsibility to ensure that any required reimbursement to the County is done on a timely basis and in accordance with the requirements set forth herein. Laptops, cell phones, and other electronic devices in vehicles must be stored in a secure location or otherwise out of sight. Devices should never be left in vehicles overnight. To the degree possible, technology resources should be protected from theft and/or vandalism, fire or other damage including natural environmental hazards. Devices damaged or stolen must be reported to department head and CIO immediately. Landline Phones The use of telephones is a necessary part of the day-to-day operation for many County employees. Unfortunately, inappropriate telephone use may also be a source of distraction that cause lower productivity and, in some instances, may present a safety hazard. Personal calls may be allowed on County landline phones, however, employees are expected to be good stewards of County resources and time, and therefore, personal calls should be limited and not affect job performance or duties. If personal misuse is determined, employee may be restricted to only business use or other disciplinary actions may occur. The County may monitor and/or record phone calls made or received using the County phone systems and may access and review call logs and voicemail recordings to ensure compliance with this and other County policies. Users have no expectation of privacy when using County owned phone systems. HCBOC 100124 ws Pg. 126 T e c h n o l o g y U s e P o l i c y 19 | P a g e Cellular Phones & Smartphones The County may provide employees with mobile phones, smartphones, or wireless Internet devices. These devices must be used primarily for business use. Personal calls and use may be allowed on County devices, however, employees are expected to be good stewards of available data. If personal misuse is determined, employee may be restricted to only business use or privileges may be revoked. All Smartphone devices shall use passwords and must adhere to the same password standards as previously defined. It is the user’s responsibility to ensure devices are property secured. All smartphone devices shall contain County management software/profile. Removal or attempt to bypass this software/profile will be in strict violation of this policy. The County reserves the right to inspect all files stored on smartphones that are the property of the County to ensure compliance with this policy. Users should not presume to have any expectation of privacy in any matter created, received, stored in, or sent from any County issued smartphone. Issued smartphones and all County purchased accessories must be returned to the IT Department when the user’s service has ended. When the smartphone is returned, the County will conduct any appropriate backup of files in accordance with the Public Records and Retention laws. The smartphone will then be wiped clean of all information. iPads and Tablets The County has recognized that mobile devices, including iPads and tablets, may provide a benefit in the efficient performance of County duties and thereby improve service to the public. County issued devices will be managed under a Harnett County email. Users should not log into the device using their personal accounts. All tablets are enrolled in the County Mobile Device Management to allow applications to be installed. Users are responsible for the general care of the mobile device issued by the County. Mobile devices that are broken or fail to work properly must be taken to the IT Department for an evaluation. Mobile devices that have been lost, stolen or damaged from misuse, neglect or are accidentally damaged, in the sole and exclusive judgment of the County Manager in consultation with the County Attorney and CIO, will be replaced or repaired by the County, with the cost borne by the issued user. Mobile devices should remain free of any writing, drawing, stickers or labels that are not the property of the County. Software and applications installed by the County must remain on the mobile device in usable condition and be readily accessible at all times. From time to time, the County may add or upgrade software applications for use by the user such that users may be required to check in their mobile devices with the IT Department for periodic updates and synchronizing. All software purchased by the County is property of the County and may not be transferred to any other individual. Personal software purchased and installed on County mobile devices are at the risk of the user/purchaser. The County offers no guarantee, warranty or support for HCBOC 100124 ws Pg. 127 T e c h n o l o g y U s e P o l i c y 20 | P a g e personal software purchased and installed on County mobile devices nor will the County refund any purchases for personal software installed on County mobile devices. All of the County's computer systems and devices, including iPads and tablets, are considered to be public property. All documents, files and email messages created, received, stored in, or sent from any County mobile device is considered public record, subject to disclosure to the public pursuant to the North Carolina Public Records laws (with only limited exceptions as provided by law). Users shall not use the mobile device, computer or communication devices in any way as to violate the Open Meetings law requirements, applicable governing laws, or ethical conduct and principles of an elected public official. Issued iPads, tablets and all County purchased accessories must be returned to the department head or IT Department when the user’s term or service has ended. When the mobile device is returned, the County will conduct any appropriate backup of files in accordance with the Public Records and Retention laws. The mobile devices will then be wiped clean of any and all information. The County reserves the right to inspect any and all files stored on mobile devices that are the property of the County in order to ensure compliance with this policy. Users should not presume to have any expectation of privacy in any matter created, received, stored in, or sent from any County issued mobile device. Mobile Data Terminals (MDTs) – Public Safety The security of the County's computer system is of paramount importance in maintaining an efficient and well-guarded database for referencing computerized information. Users will strictly adhere to the following guidelines on the usage of MDTs, regardless of type, make, or manufacturer and associated software to ensure compliance with federal copyright laws and protection against computer viruses. Any and all policies contained within the County’s Technology Use Policy shall apply to MDTs. MDTs, regardless of type, make, or manufacturer, have been installed in public safety vehicles to assist personnel in the execution of efficient public safety functions and to reduce the amount of radio traffic necessary to conduct public safety operations. Prior to use, personnel will be trained in the use and care of MDTs and are expected to use this equipment in accordance with instructions provided. MDTs are designed and have been programmed to provide information from State and National computer files on persons, vehicles and other property. Employees shall use the MDTs to check information on persons, vehicles, and other property and shall not request these types of transactions be conducted by Dispatch. The only exceptions will be when an officer needs a printout of the information for inclusion with other reports or does not have an MDT or the MDT is not functioning properly. If the unit is not functioning properly, users are expected to request repairs as soon as possible during the normal working hours of the IT Department. HCBOC 100124 ws Pg. 128 T e c h n o l o g y U s e P o l i c y 21 | P a g e MDTs may be programmed to allow for communication of official public safety business between public safety vehicles and between field units and Dispatch. No vulgar, obscene, or derogatory messages, racially and/or sexually derogatory remarks shall be transmitted via the MDT nor shall any private, non-public safety business conversations be conducted between units through the MDT. All transmissions may be logged and maintained for future reference and to provide education and training as deemed necessary. Employees shall log on with their designated username and password. Employees shall never use another employee’s credentials. At the end of shift, personnel shall log off the MDT system. All Internet policies must be followed when using MDT devices even if they are not connected to County Internet sources. The use of the Internet is not a private matter and the County reserves the right to monitor all uses without notification to the member; periodic audits may be conducted by the IT Department. The County reserves the right to inspect any and all files stored on MDTs that are the property of the County in order to ensure compliance with this policy. Users should not presume to have any expectation of privacy in any matter that is created, received, stored in, or sent from any County issued MDT. All MDT devices shall contain County management software/profile. Removal or attempt to bypass this software/profile will be in strict violation of this policy. DESTRUCTION OF PUBLIC RECORDS No public records shall be destroyed, sold, loaned or otherwise disposed of, unless in compliance with the NC Department of Cultural Resources and in accordance with G.S. 121-5. COMPLIANCE The CIO, department head and County Manager will review reported and perceived violations of this policy and may impose restrictions, suspend or terminate technology access, or remove technology equipment during or as a result of an investigation. The County Manager or CIO may, at any time, inspect or request to inspect any County equipment issued to any department or to any user. The user shall, immediately produce item for inspection. Failure to produce equipment within a reasonable time may result in disciplinary action. Other appropriate action in response to abuse or misuse of technology resources may include, but not be limited to: • Reimbursement to the County for resources consumed • Legal action, including action to recover damages • Disciplinary actions, including suspension, demotion, or dismissal pursuant to the County’s Personnel Policy HCBOC 100124 ws Pg. 129 T e c h n o l o g y U s e P o l i c y 22 | P a g e Department heads will be responsible for the enforcement of the County’s Technology Use Policy. MISCELLANEOUS • Procuring, leasing, receiving, maintaining, and installing hardware or software for or on County networks shall be done only by or under the direction of the CIO. • Due to technology systems constantly evolving, it is recommended that this policy be reviewed by County IT Department on a yearly basis. HCBOC 100124 ws Pg. 130 T e c h n o l o g y U s e P o l i c y 23 | P a g e HARNETT COUNTY TECHNOLOGY USE POLICY UNDERSTANDING AND ACCEPTANCE OF POLICY I , have received/had an opportunity to review a copy of the Harnett County Technology Use Policy. I have read the policy in its entirety and have been provided the opportunity to ask questions about it. Furthermore, I fully understand and agree to comply with this policy. I also accept that it is my responsibility to seek clarification from my supervisor or HR staff if at any time I am unclear about the policy’s requirements. I fully understand that failure to comply with this policy could result in disciplinary action, up to and including dismissal. Employee’s (Legal) Printed Name Employee’s Signature Date HCBOC 100124 ws Pg. 131 HARNETT COUNTY INFORMATION TECHNOLOGY DEPARTMENT PO Box 1405 201 West Front Street Lillington, North Carolina 27546 Phone: (910) 814-6388 HCBOC 100124 ws Pg. 132 1 Prepared by: Brian T. Pearce Maynard Nexsen PC 800 Green Valley Road Suite 500 Greensboro, NC 27408 NORTH CAROLINA OPTION TO PURCHASE AGREEMENT COUNTY OF HARNETT THIS OPTION TO PURCHASE AGREEMENT (the “Option Agreement”) is granted this _______ day of September, 2024, by the COUNTY OF HARNETT, a North Carolina body politic corporate in nature (“Seller”) in favor of A SAMET PROPERTY LLC, a North Carolina limited liability company (“Buyer”). FOR AND IN CONSIDERATION OF THE SUM OF ONE DOLLAR ($1.00) paid by Buyer to Seller, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller hereby grants to Buyer and its permitted assigns the exclusive right and option to purchase (the “Option”) all of that certain tract or parcel of land (the “Property”) described in Exhibit A attached hereto or portions of the Property as determined by Buyer in its sole discretion. The terms and conditions of the Option hereby granted to Buyer are as follows: 1.Term of Option. The Option shall commence as of the date of this Option Agreement (“Option Date”) and shall continue for a period extending until 5:00 p.m. on that date that is eight (8) years following the date that SAM Harnett I, LLC, a North Carolina limited liability company and an affiliate of Buyer, receives a certificate of completion from the Seller for the building to be constructed on the Property that is described on Exhibit B attached hereto (such period being hereinafter referred the “Option Period”). a.Exercise of Option. At any time during the Option Period, Buyer may exercise this Option by giving Seller written notice of such exercise (the “Confirmation Notice”). Buyer may exercise the Option with respect to the entirety of the Property or any part of the Item 14 HCBOC 100124 ws Pg. 133 2 Property (in the event that Buyer desires to purchase a part of the Property, Buyer shall provide Seller with a Sketch Plan describing the part of the Property that Buyer desires to purchase at the time Buyer exercises the Option). The Confirmation Notice shall be given to Seller by either of the following manners: (i) by hand delivery of such written Confirmation Notice to Seller at the address set forth below, in which event the notice shall be effective upon such hand delivery; or (ii) by delivery to Seller at the address set forth below by a recognized overnight commercial courier delivery service, in which event the notice shall be effective upon the deposit by Buyer of the notice with the courier properly addressed and with delivery charges prepaid. Seller's address for the delivery of the Confirmation Notice and any other notice provided hereunder is as follows: Harnett County Attn: County Manager 455 McKinney Parkway Lillington, NC 27546 For any notice required or intended to be given to Buyer under this Option Agreement, notice shall be given in the manner described above for delivery of notice to Seller and shall be given at Buyer’s address for the delivery of notice as follows: A Samet Property LLC Attn: Arthur L. Samet 309 Gallimore Dairy Road, Suite 102 Greensboro, North Carolina 27409 with copy to: Brian Pearce Maynard Nexsen PC 800 Green Valley Road, Suite 500 Greensboro, North Carolina 27408 Upon exercise of the Option, Buyer shall deposit $100.00 as option money (“Option Money”) with Maynard Nexsen P.C. to be held in escrow. The Option Money shall be non-refundable to Buyer, but shall apply to the purchase price at Closing. 2. Infrastructure. In the event that easements or fee simple title to part of the Property needs to be dedicated as part of the installation of such infrastructure that is needed for the Buyer to develop the Property for its intended purpose as an industrial park, Seller hereby agrees to dedicate such easements or fee simple title as requested by Buyer. 3. Access to Property. Upon full execution of the Option Agreement by Buyer and Seller, Buyer and its agents, employees, or other representatives shall have the right, at any time during the Option Period, to go upon the Property for the purpose of making such surveys, HCBOC 100124 ws Pg. 134 3 engineering, structural, mechanical, topographical, geological, environmental (but not a so-called “phase two” or other intrusive test, without the prior written permission of Seller, which shall not be unreasonably withheld, conditioned or delayed), and other inspections, tests, and measurements, including surveys, soil tests, test borings, percolation tests, and subsoil tests, as Buyer deems necessary or advisable, without cost to Seller (collectively “Due Diligence Investigations”). Following any such Due Diligence Investigations, Buyer shall restore the Property to a non-disturbed state, except only (i) ordinary remaining disturbance from such tests, (ii) any hazardous materials, substances, or wastes already existing on the Property, (iii) any already existing latent defects in the Property, and (iv) matters arising from the acts or omissions of Seller. 4. Contract of Purchase and Sale. If this Option is exercised by Buyer in accordance with its terms, then a contract of purchase and sale (each a “Purchase Contract”) shall thereupon exist between Buyer and Seller providing for the sale by the Seller of the Property to the Buyer, subject to the Buyer’s right to terminate set forth below. The terms and conditions of such Purchase Contract shall be as follows: a. Purchase Price. The purchase price for the Property will be based upon the fair market value at the time the Option is exercised (the “FMV”) as agreed to by Buyer and Seller using good faith negotiations within ten (10) business days (the “FMV Period”) following the delivery of the Confirmation Notice by Buyer to Seller. In the event that Buyer and seller are unable to agree upon the FMV, the following method (the “Appraisal Process”) shall be used to determine the FMV: (1) First Appraisal. Buyer shall set forth the name and address of an unrelated third party appraiser selected by Buyer (the “First Appraiser”) in a written notice given to Seller. Any appraiser selected pursuant to this Appraisal Process shall be a person qualified with respect to determining the fair market value of the Property. Seller shall have ten (10) days after the selection of the First Appraiser is given as provided herein (i) to select a second unrelated third party appraiser (the “Second Appraiser”) by giving written notice setting forth the name and address of the second appraiser to the Seller or (ii) to agree to the sole appointment of the First Appraiser by giving written notice setting forth Seller’s agreement that the First Appraiser shall be the sole appraiser to determine the Fair Market Value. If a second appraiser is not selected within the ten (10) day time period as provided herein or if Seller agrees to the sole appointment of the First Appraiser as provided in the previous paragraph, the First Appraiser shall prepare an appraisal report of the FMV and submit it to the Seller and Buyer within twenty (20) days after the notice of such Person’s selection as an appraiser is given by the Buyer, in which case this Appraisal Process shall be concluded and the FMV shall be the value set forth in the appraiser’s report. (2) Second Appraisal. If a Second Appraiser has been selected pursuant to Subsection (1), the two (2) appraisers so selected shall consult with each other in an effort to reach an agreement as to the FMV. If the two (2) appraisers shall agree as to the FMV within ten (10) business days after the written notice of designation of the Second Appraiser is given as provided herein, the two (2) appraisers shall prepare a joint report and submit it to Seller HCBOC 100124 ws Pg. 135 4 and Buyer; the FMV shall be the value on which the two (2) appraisers have agreed and the Appraisal Process shall be concluded. In the event that the two (2) appraisers are unable to agree as to the FMV, the two (2) appraisers shall prepare their separate appraisal reports and submit them to the Seller and Buyer within thirty (30) days after the written notice of designation of the second appraiser is given as provided herein. If the higher appraised value exceeds the lower appraised value by twenty percent (20%) or less of the lower appraised value, the Appraisal Process shall be concluded and the FMV shall be the mean average of the two (2) appraised values as set forth in the two (2) appraisal reports. (3) Third Appraisal. If the higher appraised value of the two (2) appraisals described in Subsection (2) exceeds the lower appraised value by more than twenty percent (20%) of the lower appraised value and, as of the eleventh (11th) business day following the submission of both appraisal reports, neither party to the transaction in question has given written notice to the other calling for a third appraiser, the Appraisal Process shall be concluded and the FMV shall be the mean average of the two (2) appraised values as set forth in the two (2) appraisal reports. If, however, the higher appraised value exceeds the lower appraised value by more than twenty percent (20%) of the lower appraised value and, not later than ten (10) days following the submission of the first two (2) appraisers’ reports, either Seller or Buyer gives written notice to the other calling for a third appraiser, the two (2) previously selected appraisers shall promptly (but, in any event, within thirty (30) days following the submission of the first two (2) appraisal reports) select a third appraiser (the “Third Appraiser”) to determine the FMV. The first two (2) appraisers shall notify the parties to the transaction in question of the name and address of the third appraiser so selected. Within ten (10) days following such Third Appraiser’s appointment, the Third Appraiser shall submit an appraisal report to the parties to the transaction in question, provided that the Third Appraiser’s determination of appraised value shall not be higher than the higher appraised value determined by the initial two (2) appraisers or lower than the lower appraised value determined by the initial two (2) appraisers, and, in such case, the Appraisal Process shall be concluded and the FMV shall be the appraised value determined by the Third Appraiser. b. Closing. Closing shall be held on the date which is thirty (30) days after Buyer's exercise of this Option (or on the next business day thereafter if such date is not a business day) or on such earlier date as Buyer shall designate by at least three (3) days advance written notice to Seller. The Closing shall be held at the office of counsel to Buyer, or at such other location as may be mutually agreed upon by the parties. The apportionable income and expenses of the Property shall be prorated between Seller and Buyer as of the Closing date. Seller shall pay the deed stamps, for the preparation of the special warranty deed, Seller's counsel's fees, and any other Closing costs incurred by Seller. Buyer shall pay the costs of recording the deed, the costs of any survey to be obtained by Buyer, the costs of title examination and title insurance, Buyer's counsel's fees and any other closing costs incurred by Buyer. HCBOC 100124 ws Pg. 136 5 At the closing, Seller shall deliver to Buyer a special warranty deed to the Property in customary form executed by Seller, a Nonforeign Person Certification, a lien affidavit and indemnity agreement as required by Buyer's title insurer, a settlement statement and such other documents and items as may be reasonably required to consummate the sale of the Property to Buyer. Possession of the Property shall be given to Buyer at closing. Seller shall pay Seller's counsel's fees and any other Closing costs incurred. c. Title. Seller shall convey fee simple marketable title to the Property to Buyer free and clear of all deeds of trust, liens and claims of lien, rights of way that materially impact Buyer’s intended use but subject to such restrictions, easements, and encumbrances as may be approved in writing by Buyer (collectively, the “Permitted Exceptions”). In the event that Buyer has objections to any matters of Seller’s title, Buyer shall notify the Seller in writing of such defects and Seller shall have thirty (30) days from such notice to cure such defects. If Seller does not cure such defects within thirty (30) days of notice thereof, the Buyer may terminate the contract of sale or elect to waive the defect and proceed to closing, provided, however, Seller shall be obligated to pay and discharge any and all deeds of trust and monetary liens and encumbrances that encumber the Property, and if Seller fails or refuses to do so, Buyer may cause the same to be paid and discharged from the purchase price. The Closing date shall be extended as necessary to provide to Seller the thirty (30) day cure period. d. Default by Buyer. If Buyer exercises this Option and thereafter defaults in the performance of its obligations under the Purchase Contract, then Seller may terminate the Purchase Contract. The right to terminate the Purchase Contract shall be Seller's exclusive and sole remedy against Buyer for any default by Buyer hereunder. e. Conditions. The obligation of Buyer to purchase the Property under the contract shall depend upon the satisfaction at closing of each of the following conditions (any of which may be waived by Buyer): (i) Seller's title shall be good, marketable, fee simple title which shall be subject only to the Permitted Exceptions; (ii) the zoning of the Property shall not have changed from that as existed as of the date hereof; (iii) the Property shall be in substantially the same condition as it was at the time the Option was exercised; (iv) there shall not exist upon or with respect to the Property any environmental condition or contamination caused by Seller which makes the Property unacceptable to Buyer; and (v) all of the representations and warranties by Seller set forth in this Option shall be true and correct as if made at closing. HCBOC 100124 ws Pg. 137 6 f. Like Kind Exchanges. Buyer or Seller may elect to exchange the Property for other real estate of a like kind in accordance with Section 1031 of the Internal Revenue Code of 1986 as amended (the “Code”) and the parties agree to cooperate with one another in accomplishing such exchange. To exercise any rights under this Section, the party electing to exchange the Property shall provide the other with a written statement stating its intent to enter into an exchange at least five days prior to closing. Either party’s election to exchange, rather then sell or buy, the Property for other real estate of a like kind shall be at no cost or liability to the other. 5. Repurchase Option. In the event that Buyer exercises the Option and purchases any portion of the Property, Buyer shall commence construction of an industrial building on such purchased portion of the Property within five (5) years from the date of closing of Buyer’s acquisition of the purchased portion of the Property. If Buyer fails to commence construction as required by the previous sentence, Seller shall have an option to purchase the purchased portion of the Property (each a “Repurchase Option”) exercisable upon written notice Buyer no later than the date that Buyer commences construction of an industrial building on the purchased portion of the Property. In the event Seller exercises the Repurchase Option, the purchase price shall be the fair market value of the purchased portion of the Property as determined in paragraph 4(a) herein and the other terms of the repurchase shall be as set forth in Section 4 herein with the term “Buyer” being replaced with the term “Seller” and the term “Seller” being replaced with the term “Buyer.” 6. No Broker. The parties each represent to each other that neither party has dealt with any real estate broker or agent in connection with this Option and that no broker or agent is entitled to any commission, fee, or other compensation as the result of this Option or Buyer's purchase of the Property based upon any agreement of Buyer or Seller. 7. Assignment. Purchaser may assign this Option Agreement only with prior written consent of Seller, not to be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Purchaser may assign this Option Agreement to any affiliate or subsidiary of Purchaser without the prior written consent of Seller. 8. Binding. The terms and conditions contained in this Option shall be binding upon the heirs, successors and assigns of Seller and shall run in favor of Buyer and its successors and assigns. 9. Recordation. A memorandum of this option shall be recorded in the Office of the Register of Deeds of Harnett County, North Carolina 10. Authority. Each party hereto warrants and represents that such party has full and complete authority to enter into this Option Agreement, and each person executing this Option Agreement on behalf of a party warrants and represents that he has been fully authorized to execute this Option Agreement on behalf of such party and that such party is bound by the signature of such representative. HCBOC 100124 ws Pg. 138 7 11. Counterparts. This Option Agreement may be executed in any number of counterparts all of which taken together shall constitute one and the same instrument and any of the parties or signatories hereto may execute this Option Agreement by signing any such counterpart. 12. Transmission. This Option Agreement may be transmitted between the parties by electronic mail as a .pdf. The parties intend that emailed signatures constitute original signatures and that an email-transmitted Option Agreement containing signatures of all of the parties is binding on the parties having signed such email-transmitted Option Agreement. 13. Governing Law. This Option Agreement shall be construed under and governed by the laws of North Carolina. SIGNATURES TO FOLLOW HCBOC 100124 ws Pg. 139 8 Witness the party’s execution of this Option Agreement under seal as of the date first stated above. SELLER: COUNTY OF HARNETT, a body politic By: (SEAL) Name:______________________________ Title:_______________________________ STATE OF ______________________ COUNTY OF ____________________ I certify that the following person personally appeared before me this day, acknowledging to me that he/she signed the foregoing document: ____________________, as ____________________ of County of Harnett, a body politic. Date:_______________ ____________________________________ Notary Public Printed name:__________________________ My commission expires: ____________________ SEAL: HCBOC 100124 ws Pg. 140 9 BUYER: A SAMET PROPERTY LLC, a North Carolina limited liability company By: (SEAL) Name: Arthur L. Samet Title: Manager STATE OF ______________________ COUNTY OF ____________________ I certify that the following person personally appeared before me this day, acknowledging to me that he/she signed the foregoing document: Arthur L. Samet as Manager of A Samet Property LLC, a North Carolina limited liability company. Date:_______________ ____________________________________ Notary Public Printed name:__________________________ My commission expires: ____________________ SEAL: HCBOC 100124 ws Pg. 141 10 EXHIBIT A (Legal Description of Property) Being New Lot 2, containing 50.300 acres, more or less, as shown on an Exempt Plat/Recombination Plat of Dunn Industrial Park, recorded in Plat Book 2024, Page 399, Harnett County Registry. HCBOC 100124 ws Pg. 142 11 EXHIBIT B Being New Lot 1, containing 13.471 acres, more or less, as shown on an Exempt Plat/Recombination Plat of Dunn Industrial Park, recorded in Plat Book 2024, Page 399, Harnett County Registry. HCBOC 100124 ws Pg. 143 1 NPGBO1:3735502.1 Prepared by and return to: Brian T. Pearce Maynard Nexsen PC 800 Green Valley Road Suite 500 Greensboro, NC 27408 NORTH CAROLINA MEMORANDUM OF OPTION TO PURCHASE HARNETT COUNTY THIS MEMORANDUM OF OPTION TO PURCHASE (“Memorandum”) is made and entered into effective as of the _____ day of September, 2024 (the “Effective Date”) by and between COUNTY OF HARNETT, a North Carolina limited liability company (“Seller”) and A SAMET PROPERTY LLC, a North Carolina limited liability company (“Buyer”). WITNESSETH: In consideration of ten dollars ($10.00) in hand paid, the receipt and adequacy of which are hereby acknowledged, and pursuant to an Option to Purchase Agreement executed by Buyer and Seller (the “Option Agreement”) dated as of September __, 2024, Seller has granted Buyer an Option to Purchase (the “Option”) certain land located in Harnett County, North Carolina and more particularly described on the attached Exhibit A (the “Property”) with respect to the Property. HCBOC 100124 ws Pg. 144 2 NPGBO1:3735502.1 The term of the Option, as provided in the Option Agreement, commenced as the date hereof and shall continue until 5:00 p.m. on the date is eight (8) years following the date that SAM Harnett I, LLC, a North Carolina limited liability company and an affiliate of Buyer, receives a certificate of completion from the Seller for the building to be constructed on the Property that is described on Exhibit B attached hereto (such period being hereinafter referred the “Option Period”), unless extended or terminated earlier in accordance with the express provisions of the Option Agreement. This Memorandum of Option to Purchase is made and executed for the purpose of recording same in the Office of the Register of Deeds of Harnett County, North Carolina. SIGNATURES TO FOLLOW HCBOC 100124 ws Pg. 145 3 NPGBO1:3735502.1 IN WITNESS WHEREOF, this Memorandum of Option to Purchase has been executed by the duly authorized managers or officers of Seller and Buyer, the day and year first above written. SELLER: COUNTY OF HARNETT, a body politic By: (SEAL) Name: Title: STATE OF ___________ ________________ COUNTY I, , a Notary Public of the County and State aforesaid, certify that ________ as ________ COUNTY OF HARNETT, a body politic, appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official stamp or seal, this day of , 2024. Notary Public My commission expires: SEAL: HCBOC 100124 ws Pg. 146 4 NPGBO1:3735502.1 BUYER: A SAMET PROPERTY LLC, a North Carolina corporation By: Name: Title: STATE OF ___________ ________________ COUNTY I, , a Notary Public of the County and State aforesaid, certify that ________ as ________ A SAMET PROPERTY LLC, a North Carolina limited liability company, appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official stamp or seal, this day of , 2022. Notary Public My commission expires: SEAL: HCBOC 100124 ws Pg. 147 5 NPGBO1:3735502.1 Exhibit A Legal Description of Property BEING ALL OF TRACTS 1C and 3 as shown on the plat entitled “Survey For Ace/Avant Real Property Company, LLC” recorded in Plat Book 176, Page 68 of the Randolph County Registry. HCBOC 100124 ws Pg. 148 6 NPGBO1:3735502.1 EXHIBIT B Being New Lot 1, containing 13.471 acres, more or less, as shown on an Exempt Plat/Recombination Plat of Dunn Industrial Park, recorded in Plat Book 2024, Page 399, Harnett County Registry. HCBOC 100124 ws Pg. 149 NPDocuments:33575747.1 1 NORTH CAROLINA HARNETT COUNTY LEASE AGREEMENT This LEASE AGREEMENT, made and entered into this _____ day of _______, _____, by and between SAM HARNETT I, LLC, a North Carolina Limited Liability Company, ("OWNER"); and COUNTY OF HARNETT, a body politic ("TENANT"). WITNESSETH: OWNER, for and in consideration of the rents, covenants and agreements hereinafter set forth which are to be paid, kept and performed, does lease and rent to TENANT and TENANT for and in consideration of the covenants and agreements hereinafter set forth which are to be kept and performed, hereby agrees to lease and take and does hereby lease and take, upon the terms and conditions hereinafter set forth, the land, building and improvements (hereinafter referred to as the "Demised Premises") referred to in ARTICLE I below. THE TERMS and conditions of the Lease Agreement are as follows: ARTICLE I DEMISED PREMISES The Demised Premises are described in Paragraph 1 of the Rider attached hereto. ARTICLE II TERM The term of this Lease shall be the term set forth in Paragraph A of the Face Page attached hereto and incorporated herein by reference. The term shall commence on the Commencement Date; provided, however, in the event that the Commencement Date shall occur on a day other than the first of the month, the term shall commence on the first day of the month following the Commencement Date, TENANT shall pay a pro rata rent for any partial month during which the Commencement Date occurs and TENANT’S possession will be subject to all of TENANT’S obligations under this Lease including but not limited to the insurance and indemnity requirements under this Lease. ARTICLE III RENTAL (a)Starting on the Commencement Date and continuing throughout the term of theLease, TENANT agrees to pay OWNER, as Base Rent, the sums set forth in Paragraph B of the Face Page hereto, without notice, demand, deduction or set off, in advance of the first day of each calendar month during the term of the Lease. (b)All payments of Base Rent (also referred to herein as “Rent”) shall be pro-ratedfor any partial month and paid by TENANT to OWNER (or its designee) without any right of set-off and without notice or demand, at the address set forth for the OWNER in Paragraph E of the Face Page or as provided otherwise in ARTICLE XXVI of this Lease or at such other address and to such designee as OWNER may from time to time designate in writing to TENANT. Item 15 HCBOC 100124 ws Pg. 150 NPDocuments:33575747.1 2 (c) If any installment of Rent provided for above is not paid on or before the date due and after the tenth day following written notice from OWNER (notwithstanding the foregoing, OWNER shall not be required to provide written notice more than once in any calendar year), TENANT shall be obligated to pay to OWNER a late payment fee of $250.00 for each such late payment and interest from the date due until paid at the rate of five percent (5%) per annum of the amount of each late payment as a late payment charge which shall be due and payable upon receipt by TENANT of a statement setting forth the amount due; provided, however, the acceptance by OWNER of any late payment charges shall not constitute a waiver by OWNER of any future timely performance required of TENANT hereunder. TENANT shall be responsible for any actual bank fees incurred for dishonored payments. ARTICLE IV USE AND COMPLIANCE WITH LAWS TENANT shall use the Demised Premises for the purposes set forth in Paragraph I of the Face Page hereto and shall not conduct, or permit to be conducted, in or on the Demised Premises any use, business, or activity which is not permitted by this Lease or not in full compliance with the laws of the state in which the Demised Premises are located, or any law, statute, ordinance, or regulation of any political authority having jurisdiction over the Demised Premises. Each party hereby represents, warrants and certifies that: (i) neither it nor its officers, directors, or controlling owners is acting, directly or indirectly, for or on behalf of any person, group, entity, or nation named by any Executive Order, the United States Department of Justice, or the United States Treasury Department as a terrorist, “Specifically Designated National or Blocked Person,” or other banned or blocked person, entity, nation, or transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of Foreign Assets Control (“SDN”); (ii) neither it nor its officers, directors or controlling owners is engaged in this transaction, directly or indirectly on behalf of, or instigating or facilitating this transaction, directly or indirectly on behalf of, any such person, group, entity, or nation; and (iii) neither it nor its officers, directors or controlling owners is in violation of Presidential Executive Order 13224, the USA PATRIOT Act, (Public Law 107-56), the Bank Secrecy Act, the Money Laundering Control Act or any regulations promulgated pursuant thereto. Each party hereby agrees to defend, indemnify and hold harmless the other party from and against any and all claims, damages, losses, risks, liabilities and expenses (including reasonable attorneys' fees and costs) arising from or related to any breach of the foregoing representations, warranties and certifications by the indemnifying party. The provisions of this Paragraph shall survive the expiration or earlier termination of this Lease. ARTICLE V UTILITIES TENANT shall pay for all fuel, water, sewer, electric power, telephone and other utilities serving the Demised Premises (collectively “Utilities”) including all metering, hook-up fees or other miscellaneous charges associated with establishing, installing and maintaining such Utilities or contract in OWNER’s name. TENANT agrees that OWNER shall not be responsible for any interruption of business or damage to the Demised Premises or TENANT’s equipment resulting from the interruption to or restoration of any utility service. ARTICLE VI REPAIRS, INSURANCE AND DAMAGE OR DESTRUCTION (a) To the extent provided for in Paragraph 2(A) of the Rider, and only to that extent, OWNER shall maintain the building and grounds on the Demised Premises. Provided, however, if such repairs are necessitated by the negligent or intentional acts (including the act of placing HCBOC 100124 ws Pg. 151 NPDocuments:33575747.1 3 excessive weight on the floor of the Demised Premises) by TENANT, its agents, invitees, licensees, or independent contractors, TENANT shall repair the damage caused by such acts. (b) TENANT shall perform the repair and maintenance as provided for in Paragraph 2(B) of the Rider hereto. (c) OWNER shall not be liable to TENANT for any damage to any of TENANT’s property however caused. TENANT shall obtain and keep in force during any term of this Lease a commercial general liability policy of insurance protecting TENANT and OWNER (as an additional insured) against claims for bodily injury, personal injury and property damage arising out of TENANT’s use, occupancy or maintenance of the Demised Premises. Such insurance shall be on an occurrence basis providing single limit coverage in the amounts set out in Paragraph D of the Face Page and shall be issued by an insurance company satisfactory to OWNER that is licensed to do business in the state where the Demised Premises are located. TENANT shall furnish to OWNER certificates of such insurance which shall not be cancelable except on thirty (30) days prior written notice to OWNER. (d) In the event any part of the Demised Premises are damaged by fire or other casualty, TENANT shall give immediate notice in writing of such damage to OWNER. If the Demised Premises are substantially or wholly untenantable, OWNER shall proceed, at its expense and with due diligence (as limited below), to repair the damage, unless, because of the substantial extent of the damage OWNER, in its sole discretion, should decide not to repair or restore the Demised Premises, in which event, and at its sole option, OWNER may terminate this Lease by giving TENANT written notice of such termination within sixty (60) days after the date of the fire or other casualty. Notwithstanding anything contained in this Lease to the contrary with respect to OWNER’s duty to make any repairs, alterations or improvements as set forth in this Lease, OWNER shall not be required to make the same on an expedited basis if such expedited basis (such as incurring overtime costs, the costs of extra shifts and/or the costs of expedited delivery of materials) would increase the costs of such repairs, and, in no event, shall OWNER be liable to TENANT for damages on account of any delay in making such repairs, alterations and/or improvements, nor shall TENANT have any right to terminate this Lease on account of any such delays. ARTICLE VII IMPROVEMENTS AND ALTERATIONS TENANT shall make no alterations or additions or improvements to the (i) structural portions of the Demised Premises or (ii) the nonstructural potions in the event such alterations or additions or improvements without the written approval of OWNER, which approval shall be in OWNER’s sole discretion. The installation of underground storage tanks are expressly prohibited. The installation of above-ground storage tanks (“ASTs”), regardless of the cost for the installation of the AST, requires the prior written approval of OWNER and must be installed with secondary containment equal to the capacity of the AST even if such containment is not required under the applicable laws, regulations, codes and ordinances. Prior to seeking approval for alterations, additions, or improvements under this Article VII, TENANT shall submit to OWNER plans and specifications for such alterations and improvements in reasonable detail. All work thereon shall be in compliance with all applicable codes and ordinances, and performed by a contractor approved by OWNER, such approval not to be unreasonably withheld, conditioned or delayed. Except for TENANT's equipment and machinery and ASTs, and except as limited by any other provision of this Lease, all such alterations and improvements shall become the property of OWNER at the end of the term of this Lease (or any renewals thereof) or when TENANT’s right to possess the Demised Premises is terminated by OWNER, pursuant to the provisions of this Lease. At OWNER's option, however, OWNER may require TENANT to remove all or any part of said alterations and improvements at TENANT's expense within thirty (30) days after the expiration or HCBOC 100124 ws Pg. 152 NPDocuments:33575747.1 4 termination of this Lease or after TENANT’s right to possess the Demised Premises is terminated, and in any such event TENANT, at its expense, shall repair any damage to the Demised Premises occasioned by the installation or removal thereof. TENANT shall not permit or suffer any lien to be placed on the Demised Premises or TENANT’s interest in this Lease, and if such a lien is placed thereon, TENANT shall promptly post a bond in form, and with a surety, satisfactory to OWNER so as to assure OWNER that the lien will be satisfied. TENANT shall promptly remove any alterations, additions or improvements constructed in violation of this Article VII upon OWNER’s written request. ARTICLE VIII INDEMNIFICATION (a) TENANT shall indemnify, protect, defend and hold harmless OWNER from and against any and all claims, damages, costs, liens, judgments, attorneys' fees and expenses and liabilities (collectively “Tenant Claims”) arising out of, involving, or in dealing with, the use or occupancy of the Demised Premises by TENANT for any act, omission or neglect of TENANT, (i) its agents, employees, invitees, licensees, or independent contractors or (ii) arising out of any breach by TENANT in the performance of any obligations on TENANT's part to be performed under this Lease (TENANT shall promptly advise OWNER of any matter that might give rise to such Tenant Claims). The foregoing indemnity shall include, but not be limited to, the legal fees and expenses incurred by OWNER in enforcing the indemnity and in defense or pursuit of any claim or any action or proceeding covered by this indemnity, including any claim based on the breach of TENANT’s warranties and covenants set forth in the ARTICLES entitled BROKERAGE and ENVIRONMENTAL CONCERNS. In case any action or proceeding is brought against OWNER by reason of any of the foregoing matters, TENANT, upon notice from OWNER, shall defend the same at TENANT's expense by counsel reasonably satisfactory to OWNER and OWNER shall cooperate with TENANT in such defense. OWNER need not have first paid any such claim in order to be so indemnified. (b) OWNER shall indemnify, protect, defend and hold harmless TENANT from and against any and all claims, damages, costs, liens, judgments, attorneys' fees and expenses, and liabilities arising solely from any acts or omissions to act attributable solely to OWNER, its agents, employees, invitees, or its independent contractors collectively “Owner Claims”) (OWNER shall promptly advise TENANT of any matter that might give rise to such Owner Claims). The foregoing indemnity shall include, but not be limited to, the legal fees and expenses incurred to enforce the provisions of this indemnity and in defense or pursuit of any claim or any action or proceeding covered by this indemnity, including any claim based on OWNER’s breach of warranty or representation set forth in the ARTICLES entitled BROKERAGE and ENVIRONMENTAL CONCERNS. In case any action or proceeding is brought against TENANT by reason of any of the foregoing matters, OWNER, upon notice from TENANT, shall defend the same at OWNER's expense by counsel reasonably satisfactory to TENANT and TENANT shall cooperate with OWNER in such defense. TENANT need not have first paid any such claim in order to be so indemnified. (c) The provisions of these and any other indemnities provided for in this Lease shall not terminate until three (3) years following the expiration or termination of the Lease or upon the termination of TENANT’s right to possess the Demised Premises. ARTICLE IX BROKERAGE The parties warrant unto each other that no broker or agent was utilized to procure this Lease and, to the extent that either party shall have employed any such broker or agent, that party shall pay any fees or commissions due thereby and shall indemnify and save the other party harmless from any such claims arising therefrom. HCBOC 100124 ws Pg. 153 NPDocuments:33575747.1 5 ARTICLE X CONDITION OF DEMISED PREMISES TENANT shall take possession of the Demised Premises in an “as is” condition. TENANT hereby acknowledges that it has or will inspect the Demised Premises and, upon taking possession of the Demised Premises that the same are satisfactory to it in the condition that the Demised Premises are then in and suitable for the Permitted Use and TENANT’s intended purpose. ARTICLE XI TENANT IMPROVEMENTS No construction of improvements to the Demised Premises (if any, the “Tenant Improvements”) shall be commenced by TENANT upon the Demised Premises. ARTICLE XII OWNER’S OBLIGATIONS TO MAKE ALTERATIONS AND IMPROVEMENTS OWNER shall have no duty to make any alterations or improvements to the Demised Premises. ARTICLE XIII RIGHT TO SUBLET / ASSIGNMENT TENANT may not sublease all or any part of the Demised Premises, assign this Lease or any interest hereunder, or permit the use of the Demised Premises by any party other than TENANT. ARTICLE XIV RIGHT TO REMOVE PERSONALTY Except as required of TENANT pursuant to Paragraph 2 of the Rider, TENANT shall not remove from the Demised Premises any parts or portions of the heating, electrical, air conditioning, dust removal, negative or positive air pressure systems, or plumbing systems, even if such items are provided at TENANT’s expense. In the event TENANT shall injure or damage the Demised Premises, TENANT shall promptly repair all damage caused by the installation or removal thereof at its own expense or pay to OWNER the reasonable cost of such repairs at the discretion of OWNER. Except as otherwise provided in this Lease, upon such expiration, termination, or surrender of possession of the Demised Premises, TENANT shall leave the Demised Premises in a "broom clean" condition. TENANT consents to meet with OWNER, within ten (10) business days following TENANT’s vacating of the Demised Premises, for a post occupancy inspection to determine compliance with this Lease and to determine that the Demised Premises are in such condition as the same were in at the commencement of the initial term of this Lease, excepting only ordinary wear and tear and loss or damage caused by fire or any other casualty that OWNER is required, by the terms of this Lease, to carry insurance against. TENANT, its employees, agents, invitees or contractors shall take no action which may void any manufacturers or installers warranty with relation to the Demised Premises. Except to the extent otherwise limited herein, TENANT shall indemnify and hold harmless OWNER from any liability, claim, demand or cause of action arising out of TENANT’s breach of this Article XIV. HCBOC 100124 ws Pg. 154 NPDocuments:33575747.1 6 ARTICLE XV RIGHT OF INSPECTION OWNER or its delegees shall have the right to enter upon the Demised Premises (at such reasonable times and occasions and upon reasonable notice) to inspect the same or make repairs thereto which OWNER is required or which OWNER may elect to make thereto. OWNER may enter the Demised Premises at any time, without prior notice, in the event of an emergency or to make emergency repairs to the Demised Premises, or any portion or fixture thereof. ARTICLE XVI SIGNS Except as provided in Paragraph 5 of the Rider, TENANT may not, without OWNER's prior written consent, cause or permit the erection, installation, or display of any sign or advertising material anywhere upon the Demised Premises. Any sign, device, fixture or other attachment installed by TENANT shall be installed and maintained by TENANT at its own expense and in accordance with all governmental requirements. TENANT shall be responsible for any damage resulting from the installation or removal of any such sign, device, fixture or other attachment. Any consent by OWNER shall not be a representation of or warranty of any legal entitlement to signage at the Demised Premises. ARTICLE XVII TAKING BY EMINENT DOMAIN (a) If all of the Demised Premises are taken for any public purpose pursuant to the power of eminent domain (including purchase under threat thereof), this Lease shall terminate as of the date that the condemning authority takes title or possession thereto, whichever first occurs. (b) If the Demised Premises are partially taken for public use pursuant to the power of eminent domain (including purchase under threat thereof) and if the taking is so substantial as to render the remainder of the Demised Premises unusable for the purposes for which they were leased, then, either TENANT or OWNER may, at their respective options terminate the Lease effective as of the date the condemning authority takes title or possession, whichever first occurs by giving the other party notice of such termination. If neither party is entitled to terminate under the provisions of this ARTICLE or if neither party exercises its rights to terminate under this ARTICLE, OWNER shall, at its expense, restore (with reasonable due diligence as limited by other provisions of this Lease) the untaken portion of the Demised Premises to the extent necessary to render it reasonably suitable for the purposes for which it was leased, and returning the Demised Premises in compliance with zoning ordinances and other applicable laws, but in no event shall OWNER be liable to TENANT for any damages on account of any delay in making such repairs or replacements and TENANT shall have no right to terminate this Lease on account of any such delay. (c) All compensation for the taking of the property shall belong to, and be the property of, OWNER without any participation by TENANT, except that TENANT may prosecute its claim directly against the condemning authority for any losses sustained by TENANT provided TENANT’s award does not reduce or affect OWNER’s award. TENANT hereby irrevocably assigns and transfers to OWNER any right to compensation and damage to which TENANT may become entitled during the Term hereof resulting from such transfer, appropriation, condemnation or taking. (d) In the event of partial taking without termination of the Lease, reasonable adjustments shall be made in the rental to reflect the loss of use (for which TENANT is entitled to use the Demised Premises) sustained by TENANT as a result of the taking until such time as the Demised Premises are restored by OWNER as provided for in this ARTICLE. HCBOC 100124 ws Pg. 155 NPDocuments:33575747.1 7 (e) The parties shall, immediately after learning of or receiving notice of any taking, give notice thereof to each other. ARTICLE XVIII ENVIRONMENTAL CONCERNS TENANT warrants that (i) the Demised Premises shall not be used by TENANT, its agents, employees or invitees in violation of any federal, state or local environmental law, ordinance or regulation relating to protection of the environment and/or human health or safety ("Environmental Law"); and (ii) all operations of TENANT will be conducted in full compliance with all Environmental Laws, free of out-of-use transformers, hazardous, radioactive or toxic chemicals, compounds, materials, substances or wastes, contaminants, oil, asbestos containing materials, or other materials, the production, use, storage, transportation, disposal, discharge, or removal of which is regulated, restricted, prohibited or penalized by any federal, state or local agency, authority or governmental unit ("Hazardous Substances"). Except for consumer products used for routine maintenance of the Demised Premises, which products shall be used, kept and stored by TENANT in quantities not to exceed ten (10) gallons for liquids and fifty (50) pounds for solids and for the purposes intended by and in accordance with the instructions of the manufacturer and in compliance with all applicable Environmental Laws, TENANT covenants that, without prior written consent of OWNER, which consent shall be in OWNER’s sole discretion, TENANT will not permit any Hazardous Substances to be brought in or on the Demised Premises, including all improvements located thereon, and if brought, found or located thereon, TENANT covenants that it will cause the same to be removed immediately, with proper disposal, will diligently undertake all necessary environmental cleanup procedures, and will otherwise fully comply with all Environmental Laws; provided, however, if such Hazardous Substance(s) were located in the Demised Premises prior to their occupation by TENANT, such cleanup procedures as required by the applicable regulatory agency will be promptly effected by OWNER and/or such other party responsible for the presence of such materials and in accordance with Environmental Law. TENANT covenants that it will promptly notify OWNER in writing of any accidents or other occurrences on or affecting the Demised Premises involving Hazardous Substances, and will provide OWNER with copies of all current or future environmentally related permits, filings, reports, assessments, audits, notices, complaints, and the like relating to TENANT or the Demised Premises. Each of the parties hereto hereby agrees to indemnify and hold the other party harmless from and against any and all losses, liabilities, damages, injuries, penalties, fines, costs and expenses and claims of any nature (including without limitation attorney’s fees and costs of investigation), paid, incurred or asserted against the other party resulting from any claim, demand or judicial or administration action by any person or entity, including governmental or private entities, for breach of their respective warranties and covenants contained in this ARTICLE. The indemnities set forth in this ARTICLE shall survive the expiration or termination of this Lease and/or TENANT’s right to possess the Demised Premises. This indemnity shall also apply to any release of Hazardous Substances caused by a fire or other casualty to the Demised Premises if such Hazardous Substances were stored on the Demised Premises by TENANT, its agents, employees, invitees or successors in interest. ARTICLE XIX DEFAULT (a) Each of the following shall be deemed an event of default by TENANT and a breach of this Lease: HCBOC 100124 ws Pg. 156 NPDocuments:33575747.1 8 (i) A default in the payment Base Rent or any other sums to be paid by TENANT pursuant to this Lease, any Rider hereto, and/or the Face Page hereto. (ii) Other than a default under (i) immediately above a default in the performance of any other covenant or condition of this Lease Agreement on the part of TENANT. ARTICLE XX REMEDIES IN CASE OF DEFAULT To the extent not prohibited by law, (a) if TENANT fails to perform any obligation imposed by this Lease under ARTICLE XIX above, and the default continues for thirty (30) days after written notice of such default has been given to TENANT, or (b) if TENANT fails to pay Base Rent or any other charges within five (5) days after the date provided for in this Lease, OWNER, at its option, may, without notice or demand, terminate TENANT’s right to possess the Demised Premises and re-enter and take possession of the Demised Premises and may terminate this Lease, or at OWNER’s option, OWNER may, without terminating this Lease, terminate TENANT’s right to possess the Demised Premises and re-enter and take possession of the Demised Premises, remove the property of TENANT and all other parties from the Demised Premises and relet the premises for the account of TENANT. In the event of termination of this Lease or the termination of TENANT’s right to possess the Demised Premises, TENANT shall be liable to OWNER not only for all unpaid rent and other charges and obligations which accrued prior to default, but shall also be liable for all rent, charges and other obligations accruing under this Lease for the then unexpired term and any renewals already exercised by TENANT. The remedies herein provided for are cumulative and are in addition to, but not exclusive of, those provided by law. OWNER’s acceptance of any partial rent payment will not waive TENANT’s breach of this Lease or limit OWNER’s rights against TENANT hereunder, or OWNER’s right to evict TENANT through a summary ejectment proceeding or otherwise, whether filed before or after OWNER’s acceptance of any such partial rent payment. ARTICLE XXI SUBORDINATION This Lease shall be subject and subordinate at all times to the lien of any mortgage, deed of trust or other encumbrance(s) which is now (or which may hereafter be) placed on the Demised Premises, by OWNER. This clause shall be self-operative, and no further instrument of subordination shall be required to effect the subordination of this Lease. Nonetheless, if requested by OWNER, within ten (10) business days of receipt of such request, TENANT shall execute and deliver such further instrument(s), reasonably acceptable to TENANT and OWNER subordinating this Lease to the lien of any such mortgage, deed of trust or any other encumbrance(s) as shall be desired by any party to be secured thereby; provided, however, that if the interests of OWNER under this Lease shall be transferred by reason of foreclosure or other proceedings for the enforcement of any such mortgage, deed of trust or other such encumbrance(s), TENANT shall still be bound to the transferee, under the terms, covenants and conditions of this Lease for the remaining portions of the term(s) of this Lease, with the same force and effect as if the transferee were OWNER under this Lease, and, if requested by such transferee, TENANT shall attorn to the transferee as OWNER. Notwithstanding the foregoing portions of this ARTICLE, this Lease and the rights of TENANT hereunder shall not be disturbed, but shall continue in full force and effect, so long as there is no default by TENANT hereunder which is not waived in writing by the holder of any such lien. TENANT also agrees that any Subordination Agreement executed by it may contain a requirement that TENANT promptly notify any holder of any such mortgage, deed of trust, or other encumbrance of any default by OWNER under this Lease, and that TENANT shall further grant to such holder or transferee a reasonable period of time to cure any default by OWNER under this Lease. Any time period specified as the time period in which said holder shall HCBOC 100124 ws Pg. 157 NPDocuments:33575747.1 9 have to cure such default shall be further modified to provide that any default shall be deemed cured if such holder or transferee, in good faith, commences performance requisite to cure the same within sixty (60) days after receipt of notice and thereafter continuously and with reasonable diligence (limited as provided in other provisions of this Lease) proceeds to complete the performance required to cure such default. TENANT also agrees that any such Subordination Agreement may provide that if OWNER executes a conditional Assignment of Leases, Rents and Profits conditionally conveying the rentals under such Lease to any such holder as additional security for said holder, TENANT agrees to make the rental payments under this Lease to the proper party as designated in such Subordination Agreement upon notice from such assignee. ARTICLE XXII ESTOPPEL CERTIFICATE TENANT shall, without charge therefor, at any time and from time to time, within ten (10) days after receipt of a request by OWNER, execute, acknowledge and deliver a written Estoppel Certificate certifying to OWNER or others designated by OWNER, including any actual or proposed mortgagee, beneficiary of any deed of trust, or the like or to any prospective purchaser of the Demised Premises, that, as of the date of such Estoppel Certificate: (a) TENANT is in possession of the Demised Premises; (b) this Lease is unmodified and in full force and effect (or if there have been modifications, that this Lease is in full force and effect as modified and setting forth such modifications); (c) whether or not there are then existing any setoffs or defenses against the enforcement of any right or remedy of OWNER, or any duty or obligation to TENANT hereunder (and, if so, specifying the same in detail); (d) the amounts and the dates through which any such sums due under this Lease have been paid; (e) TENANT has no knowledge of any then uncured defaults on the part of OWNER under this Lease (or if TENANT has knowledge of any such uncured defaults, specifying the same in detail; (f) TENANT has no knowledge of any event having occurred that authorizes the termination of the Lease by TENANT (or if TENANT has such knowledge, specifying the same in detail); (g) the amount of any security deposit, if any, held by OWNER or others; and (h) such other information as is reasonably requested by OWNER, such proposed or actual mortgagee, beneficiary of any deeds of trust, such prospective purchasers or such other person or entities as designated by OWNER. Failure to deliver the Certificate within ten (10) days after receipt shall be deemed conclusive evidence that this Lease is in full force and effect and has not been modified as may be represented by the party requesting the Certificate. ARTICLE XXIII INTENTIONALLY DELETED ARTICLE XXIV OWNER’S LIABILITY TO TENANT To the extent that OWNER is liable to TENANT for any damages pursuant to the provisions of this Lease, if OWNER sells and conveys the Demised Premises to a third party, TENANT shall look solely to said purchaser for any breach of this Lease that occurs after the sale and conveyance, and the conveyor shall have no liability to TENANT for any breach occurring after such conveyance. In no event shall OWNER’s liability to TENANT for any breach of any provisions of this Lease exceed OWNER’s interest in the Demised Premises. In no event shall OWNER be liable to TENANT for consequential or punitive damages. In no event shall any trustee, shareholder, officer, member, director, employee, parent or subsidiary company, OWNER affiliate or partner of OWNER be personally liable for the payment or performance of any obligation required or permitted of OWNER under this Lease or under any document executed in connection herewith. HCBOC 100124 ws Pg. 158 NPDocuments:33575747.1 10 ARTICLE XXV MEDIATION The parties agree that it is in their mutual interest to resolve disputes informally. A claim by the TENANT shall be submitted in writing to the OWNER for decision. A claim by the OWNER shall be submitted in writing to the TENANT for decision. The Parties shall negotiate in good faith and use all reasonable efforts to resolve such dispute(s). During the time the Parties are attempting to resolve any dispute, each shall proceed diligently to perform their respective duties and responsibilities under the Lease. If a dispute cannot be resolved between the Parties within thirty (30) days after delivery of notice, and prior to instituting legal action in a court of competent jurisdiction, Parties agree to submit the dispute to non-binding mediation The fees and expenses of the mediator and/or mediation organization shall be shared equally by OWNER and TENANT. The mediator shall be disqualified as a witness, consultant, expert, or counsel for any party with respect to the dispute and any related matters. ARTICLE XXVI NOTICES All notices provided for in this Agreement shall be in writing and may be delivered (by hand or by messenger with signed proof of delivery) or may be sent by certified mail, return receipt requested, with postage prepaid, by recognized overnight courier with signed proof of delivery, or by electronic mail transmission, and shall be deemed sufficiently given if served in a manner specified in this ARTICLE. Any notice sent by certified mail, return receipt requested, postage prepaid, shall be deemed given on the date of delivery shown on the receipt card, or if no delivery date is shown, then five (5) business days after the postmark thereon. If any notice is transmitted by electronic mail transmission, the same shall be deemed served or delivered upon confirmation of receipt of the transmission thereof, provided a copy is also delivered via hand delivery, by recognized overnight courier with signed proof of deliver or certified mail, return receipt requested, postage prepaid. If any such notice is received on a Saturday, Sunday or legal holiday, it shall be deemed received on the next business day. Said notices shall be addressed to those persons and entities as shown on the Face Page of this Lease. Either party may (from time to time) by giving notice as herein provided designate a different person, address or both to which notices shall be given pursuant to this Lease. ARTICLE XXVII EFFECT OF FACE PAGE AND RIDERS The Face Page, and to the extent that there are any Riders attached to the body of this Lease, then the Face Page and Riders, if any, shall: (a) constitute a part of this Lease as if fully set forth herein and, (b) to the extent that any provision of the Face Page and/or any such Rider contradicts any provision contained in the body of this Lease, the provisions of the Face Page and/or the Rider shall control. ARTICLE XXVIII INTERPRETATION AND CONSTRUCTION (a) As used in this Lease, “OWNER” shall include the undersigned, its heirs, representatives, assigns and successors in title to the Demised Premises. “TENANT” shall include the undersigned and its heirs, representatives, assigns and successors, and if this Lease shall be validly assigned or sublet, shall also include TENANT’s assignees or sublessees as to the Demised Premises covered by such permitted assignment or sublease. These terms may include male, female, singular, plural, corporation, partnership or individual, as may fit the particular party. HCBOC 100124 ws Pg. 159 NPDocuments:33575747.1 11 (b) No failure by either party to exercise any right, power or privilege arising under this Lease or to insist upon strict compliance of any provision of this Lease, and no custom or practice of the parties at variance with the terms of this Lease, shall be construed as a waiver of the right to exercise that right, power or privilege or to insist upon strict compliance at a subsequent time for the same or a different breach of this Lease. (c) This Lease is intended to, and shall, create the relationship of Landlord and Tenant only and shall not be construed as any other type of relationship such as a partnership or as an agency. TENANT shall have no interest in this Lease or in the Demised Premises that are subject to levy or attachment. This Lease is made and executed in North Carolina and shall be construed in accordance with the laws of the state where the Demised Premises are located. (d) If TENANT remains in possession of the Demised Premises or any part thereof after the termination of this Lease, the expiration of any term of this Lease, and/or after TENANT’s right to possess the Demised Premises has been terminated with OWNER's acquiescence and without any agreement of the parties with respect to an extension or renewal, TENANT shall be a tenant from month to month at a rental equal to One Hundred Twenty-Five Percent (125%) of the Base Rent for the first hold over month and One Hundred Fifty Percent (150%) for any month thereafter. Such rent shall be paid in the manner otherwise proscribed in this Lease. (e) The invalidity of any provision of this Lease, as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof, and this Lease shall be construed and enforced as if such invalid provisions were not included. (f) Whenever a singular word is used herein, it shall also include the plural wherever required by the context, and vice versa; and whenever any gender is used herein, it shall also include the other gender or the neuter wherever required by the context. The terms and conditions hereof shall be interpreted and construed in accordance with their usual and customary meanings, and the parties hereby expressly waive and disclaim, in connection with the interpretation and construction hereof, any rule of law or procedure requiring otherwise, specifically including, but not limited to, any rule of law to the effect that ambiguous or conflicting terms or conditions contained herein shall be interpreted or construed against the party whose counsel prepared this Lease or any earlier draft hereof. (g) Wherever in this Lease the term “lease” is used it shall include any and all renewal term(s) except that wherever the provisions for this Lease, the Face Page and any Rider hereto require TENANT to pay sums and perform additional duties during any of the renewal terms, the additional sums and duties shall be binding on TENANT. (h) The captions herein are for convenience and identification purposes only, are not an integral part hereof, and are not to be considered in the interpretation of any part hereof. (i) This Lease may be executed in one or more counterparts, which taken together, shall constitute one and the same original document. Copies of original signature pages of this Lease may be exchanged via facsimile or email, and any such copies shall constitute originals. (j) Each signatory to this Lease represents and warrants that he or she has full authority to sign this Lease and such instruments as may be necessary to effectuate any transaction contemplated by this Lease on behalf of the party for whom he or she signs and that his or her signature binds such party. HCBOC 100124 ws Pg. 160 NPDocuments:33575747.1 12 ARTICLE XXIX RECORDING Either OWNER or TENANT shall, upon request by the other, execute, acknowledge and deliver to the other a short form memorandum of this Lease for recording purposes. The party requesting recordation shall be responsible for payment of any recording fees or taxes applicable thereto. Upon the expiration or termination of this Lease or upon the exercise of OWNER’s right, in the event of default by TENANT, to take possession of the Demised Premises, TENANT, upon OWNER’s request, shall execute, in recordable form, a document acknowledging any such fact. ARTICLE XXX BINDING LEASE The terms of this Lease, the Face Page and any Riders hereto shall be binding on both OWNER and TENANT and upon their respective heirs, executors, administrators, successors and assigns. ARTICLE XXXI MISCELLANEOUS OWNER AND TENANT HAVE CAREFULLY READ AND REVIEWED THIS LEASE, THE FACE PAGE AND ANY RIDERS HERETO AND EACH TERM AND PROVISION CONTAINED THEREIN, AND BY THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT AT THE TIME THIS LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF OWNER AND TENANT WITH RESPECT TO THE DEMISED PREMISES. ARTICLE XXXII IMPOSITIONS OF REASONABLENESS STANDARD If either party withholds any consent or approval, such party shall on written request deliver to the other party a written statement giving the reasons therefor. TENANT's sole remedy if OWNER unreasonably withholds or delays consent or approval shall be an action for specific performance, and OWNER shall not be liable for damages. Whenever this Lease specifies that either party has the right of consent, said consent shall be effective only if in writing and signed by the consenting party. ARTICLE XXXIII WASTE;DISTURBANCE TENANT shall not commit nor suffer any waste upon the Demised Premises nor cause nor allow any nuisance, odor, noise, vibration or other act or thing which does or may unreasonably disturb any other surrounding property, including without limitation the parking, loading and landscaped areas. ARTICLE XXXIV ENTIRE AGREEMENT This Lease, the Face Page and the Riders, if any, attached hereto contain the entire agreement between the parties and they may not be modified except in writing signed by both parties. Wherever the term “Lease” appears herein, the same shall include the Face Page and any and all Riders hereto. HCBOC 100124 ws Pg. 161 NPDocuments:33575747.1 13 ARTICLE XXXV FORCE MAJEURE Other than with respect to TENANT’s obligation to pay any amount due hereunder, including but not limited to Base Rent and Additional Rent, if the performance of this Lease Agreement or any obligations hereunder is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, war, terrorism, pandemic (including but not limited to COVID-19), national health emergency or a similar occurrence or condition beyond the reasonable control of the Parties, the party so affected shall, upon giving prompt notice to the other party, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach of this Lease Agreement. In the event the Party claiming an event of force majeure shall fail to notify the other Party in writing of such claim within 15 days of the occurrence of such event, then such claim shall be forever barred and the event and any associated delays shall not be considered in calculating any delay to be excused by force majeure. SIGNATURES TO FOLLOW HCBOC 100124 ws Pg. 162 NPDocuments:33575747.1 14 IN WITNESS WHEREOF, both TENANT and OWNER have duly executed this Lease Agreement on the day and year first above written. OWNER: SAM HARNETT I, LLC, a North Carolina limited liability company By: (SEAL) Name: Date: ______ TENANT: COUNTY OF HARNETT, a body politic By: Name: ____________ Title: ____________ Date: ______ HCBOC 100124 ws Pg. 163 1 NPGBO1:3575789.1 RIDER(S) TO LEASE DATED ______________ BETWEEN SAM HARNETT I, LLC, a North Carolina limited liability company (“OWNER”) AND COUNTY OF HARNETT, a body politic (“TENANT”) 1. ARTICLE I - DEMISED PREMISES The Demised Premises consists of a parcel containing 13.471 acres, more or less (the “Real Estate”), and a 162,000 +/- square foot industrial building (the “Building”) located Harnett County, North Carolina (the Real Estate and the Building together being referred to as the “Demised Premises”). TENANT shall have, as appurtenant to the Demised Premises, the exclusive right to use all parking areas, driveways, access ways, loading areas, landscaped or undeveloped areas, sanitary facilities, all water, utility and sewage conduits, pipes and lines that are on and that serve the Demised Premises. The Demised Premises are more accurately described on Exhibit A attached hereto and incorporated herein by reference. 2. ARTICLE VI - REPAIRS OWNER’s Maintenance & Repair Duties A. OWNER shall be responsible for all maintenance and repairs except for TENANT’s duties in subsection B below of the Building. B. TENANT’s Maintenance & Repair Duties Except as set forth in subparagraph A above, TENANT is responsible for landscaping and storm cleanup, janitorial service, utilities, and any maintenance and repairs for damages, other than normal wear and tear, caused by TENANT If TENANT refuses or neglects to repair property as required hereunder to the reasonable satisfaction of OWNER within ten (10) days after written demand, OWNER may make such repairs without liability to TENANT for any loss or damage that may occur to TENANT’s merchandise, fixtures, or other property or to TENANT’s business by reason thereof, and upon completion thereof, TENANT shall pay OWNER’s costs for making such repairs together with an overhead fee in the amount of 16% of the costs to complete the maintenance with the next rent payment due after delivery of an invoice for such costs or fee, or, if no other rent payments are due, within twenty (20) days after delivery of an invoice for such costs or fee. 3. ARTICLE X - CONDITION OF DEMISED PREMISES Demised Premises are to be delivered in an “as is” condition with no warranties or representations from OWNER to TENANT other than those set forth herein. HCBOC 100124 ws Pg. 164 2 NPGBO1:3575789.1 4. ARTICLE XIII - RIGHT TO SUBLET No right to sublet without OWNER’s Permission, in OWNER’s sole discretion. 5. ARTICLE XVI - SIGNS All signage must be approved by OWNER and comply with all restrictions and ordinances. Signage is at the expense of TENANT. 6. ARTICLE XVIII - ENVIRONMENTAL CONCERNS - EXCEPTIONS No exceptions 7. MISCELLANEOUS RIDERS - “EMERGENCY CONTACT INFORMATION” SIGNATURES TO FOLLOW HCBOC 100124 ws Pg. 165 3 NPGBO1:3575789.1 IN WITNESS WHEREOF, both TENANT and OWNER have duly executed this Rider on the day and year first above written. OWNER: SAM HARNETT I, LLC, a North Carolina limited liability company By: ______________________________(SEAL) Name:____________________________ Title:_____________________________ Date: ____________________________ TENANT: COUNTY OF HARNETT, a body politic By: ______________________________(SEAL) Name: ______________________________ Title:_______________________________ Date: ____________________________ HCBOC 100124 ws Pg. 166 4 NPGBO1:3575789.1 TENANT AND EMERGENCY CONTACT Date__________________ Tenant Name______________________________________________________ Tenant Address______________________________________________________ Tenant Phone_______________________________________________________ Tenant Fax_______________________________________________________ Tenant Email_______________________________________________________ Daily Contact Name__________________________ Phone___________________ Alternate Contact__________________________ Phone___________________ EMERGENCY CONTACT INFO Must Provide 2 Contacts Name____________________________ Cell Phone____________________________ Home Phone____________________________ Name____________________________ Cell Phone____________________________ Home Phone____________________________ HCBOC 100124 ws Pg. 167 5 NPGBO1:3575789.1 EXHIBIT A (Property Description) Being New Lot 1, containing 13.471 acres, more or less, as shown on an Exempt Plat/Recombination Plat of Dunn Industrial Park, recorded in Plat Book 2024, Page 399, Harnett County Registry. HCBOC 100124 ws Pg. 168 \\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2024\100124 ws\16.1 Runway Acquisition Parrish and Partners Agreement.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: October 7, 2024 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Jetport Runway Land Acquisition REQUESTED BY: Brent Trout, County Manager REQUEST: The Harnett Regional Jetport Runway extension project will require the acquisiton of property from an adjacent land owner. The process to complete the acquisition requires survey work, appraisals, environmental asessments and additonal actions by our engineering consultant. The agreement with Parrish and Partners establishes the actions steps and the cost of $99,473. The cost will be paid from the grant funds received from the North Carolina legislature for the runway extension. The attachment provides the details of the services to be provided. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 16 HCBOC 100124 ws Pg. 169 September 14, 2024 Brent Trout Harnett County Manager Post Office Box 759 Lillington, NC 27546 Re: Harnett Regional Jetport (HRJ) Land Acquisition Assistance – Britt Land Acquisition/Land Swap State Project 36244.35.10.1 Dear Brent: Parrish and Partners of North Carolina, PLLC, proposes to assist Harnett County with the acquisition of the above referenced properties for the benefit of the Harnett Regional Jetport. The following tasks are proposed: Task 1: General Coordination, Prepare NEPA Doc. (Catex) (P&P) $21,368 .00 Task 2: Surveys (Subconsultant, RLS) $51,811.00 Task 3: Appraisals (Subconsultant, TELICS) $6,033.00 Task 4: Prepare Phase 1 ESA (Subconsultant, Terracon) $4,692.00 Task 5: Prepare Land Acquisition Notebook (P&P) $15,569.00 TOTAL $99,473.00 If this letter satisfactorily sets forth your understanding of our agreement, we would appreciate your signing in the space provided below and returning a copy to us for our files. Thank you in advance for allowing us to participate in this project. Sincerely, Parrish and Partners of North Carolina, PLLC Attachments: Manhour Summary Spreadsheets Subconsultant’s Proposals Accepted this day of , 2024 Harnett County By: Name: Title: HCBOC 100124 ws Pg. 170 © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS CESSNA 172R S K Y H A W K CESSNA 172R SKYH A W K BCH KING A I R 3 5 0 BCH KING A I R 3 5 0 GULFS TR EA M G 4 5 0 GULFSTR E A M G 4 5 0 CESSNA 172R SKYH A W K CESSNA 172R S K Y H A W K CESSNA 172R SKYH A W K CESSNA 172R S K Y H A W K CESSNA 172R SKYH A W K CESSNA 172R S K Y H A W K CESSNA 172R SKYH A W K CESSNA 172R S K Y H A W K CESSNA 172R SKYH A W K CESSNA 172R S K Y H A W K CESSNA 172R S K Y H A W K CESSNA 172R SKYH A W K Parcel 1: 5.05 AcresParcel 1A: 9.13 AcresParcel 2: 6.88 AcresParcel 4: 8.12 AcresParcel 3: 2.61 AcresRemaining Britt Property: 17.92 AcresRemaining Britt Property: 115.77 AcresApproxmate futureDeparture RPZ LocationInner Width: 500'Outer Width: 700'Length: 1,000'Parcel 7: 3.20 AcresParcel 6: 0.22 AcresParcel 5: 0.08 AcresApproxmate future Approach RPZ LocationInner Width: 1,000'Outer Width: 1,750'Length: 2,500'Parcel 9: 30.10 AcresParcel 8: 16.74 AcresFuture Perimeter RoadExhibit - LandAcquistionLegend:RemainingFarmlandN0'600'1,200'Scale: 1" = 600'Proposed Phase 1Acquisition ParcelsProposedTransmittal ParcelRemaining BrittParcelsAcreage Totals:Proposed Phase 1Acquisition (Parcels 1-4):22.66 AcresProposed TransmittalTotal (Parcel 1A):9.13 AcresPonds, Streams, &Potential WetlandsRSA Grading AreaProposed Phase 2Acquisition (Parcels 5-9):50.34 AcresRemaining Farmland:92.77 AcresRemaining Britt Property:133.69 AcresProposed Phase 2Acquisition ParcelsHCBOC 100124 ws Pg. 171 SPECIAL SERVICES ENGINEERING SERVICES TASK DESCRIPTION Sr. Project Proj. Manager/Planner/Sr. Civil Associate/Civil Associate/CADD Admin. Asst/ Principal Manager Sr. Eng./Planner Engineer Sr. Designer Designer Technician Grants Manager SUBTOTAL TASKS Task 1 - General Coordination, NEPA Documentation (Catex) General Coordination with Owner and Subconsultant 4 12 8 24 NEPA 0 Project Coordination 6 10 16 Data Collection & Agency Coordination 8 10 18 Site Visit 14 12 26 Mapping 16 16 Document Preparation 8 5 13 QA/QC 8 8 NCDOA Coordination 2 2 0 SUBTOTAL HOURS/CLASSIFICATION:4 0 58 0 0 0 53 8 123 BASIC HOURLY RATE $96.36 $86.73 $74.09 $51.00 $41.00 $32.28 $28.18 $34.88 TOTAL PER CLASSIFICATION $385.44 $0.00 $4,297.22 $0.00 $0.00 $0.00 $1,493.54 $279.04 Total Labor Cost (Without Multiplier)$6,455.24 Audited Overhead Rate 193.07%$12,463.13 Subtotal $18,918.37 (1) Profit 11%$2,081.02 (2) Cost of Capital 0.18%34.05 (3) TOTAL (1) + (2) + (3)$21,033.45 NON-SALARY COSTS A. Reimbursable Expense Quantity Unit Rate Subtotal Mileage 500 Miles $0.670 $335.00 Xerox Copies ( _copies __ pages/each)EA $0.00 Mailing EA $0.00 Reproduction - Bond (__ Sheets)EA $0.00 B. Subcontracting Expenses Quantity Unit Rate Subtotal LS $0.00 TOTAL DIRECT NON-SALARY COST:$335.00 Total $21,368.45 Lump Sum Amount $21,368.00 PROJECT DESCRIPTION: Harnett Regional Jetport (HRJ) Britt Land Acq./Land Swap Date Prepared: September 14, 2024 PREPARED BY: Parrish & Partners TASK NUMBEREmployee Classifications HCBOC 100124 ws Pg. 172 SPECIAL SERVICES ENGINEERING SERVICES TASK DESCRIPTION Sr. Project Proj. Manager/Planner/Sr. Civil Associate/Civil Associate/CADD Admin. Asst/ Principal Manager Sr. Eng./Planner Engineer Sr. Designer Designer Technician Grants Manager SUBTOTAL TASKS Task 2 - Surveys General Coordination with Owner and Subconsultant 4 8 4 16 0 0 0 0 0 0 0 0 0 SUBTOTAL HOURS/CLASSIFICATION:4 0 8 0 0 0 0 4 16 BASIC HOURLY RATE $96.36 $86.73 $74.09 $51.00 $41.00 $32.28 $28.18 $34.88 TOTAL PER CLASSIFICATION $385.44 $0.00 $592.72 $0.00 $0.00 $0.00 $0.00 $139.52 Total Labor Cost (Without Multiplier)$1,117.68 Audited Overhead Rate 193.07%$2,157.90 Subtotal $3,275.58 (1) Profit 11%$360.31 (2) Cost of Capital 0.18%5.90 (3) TOTAL (1) + (2) + (3)$3,641.80 NON-SALARY COSTS A. Reimbursable Expense Quantity Unit Rate Subtotal Mileage Miles $0.00 Xerox Copies ( _copies __ pages/each)EA $0.00 Mailing EA $0.00 Reproduction - Bond (__ Sheets)EA $0.00 B. Subcontracting Expenses Quantity Unit Rate Subtotal Regional Land Surveyors 1 LS $48,170.00 $48,170.00 TOTAL DIRECT NON-SALARY COST:$48,170.00 Total:$51,811.80 Lump Sum Amount $51,811.00 PROJECT DESCRIPTION: Harnett Regional Jetport (HRJ) Britt Land Acq./Land Swap Date Prepared: September 14, 2024 PREPARED BY: Parrish & Partners TASK NUMBEREmployee Classifications HCBOC 100124 ws Pg. 173 Page 3 of 5 SPECIAL SERVICES ENGINEERING SERVICES TASK DESCRIPTION Sr. Project Proj. Manager/Planner/Sr. Civil Associate/Civil Associate/CADD Admin. Asst/ Principal Manager Sr. Eng./Planner Engineer Sr. Designer Designer Technician Grants Manager SUBTOTAL TASKS Task 3 - Appraisals General Coordination with Owner and Subconsultant 8 2 10 0 0 0 0 0 0 0 0 0 SUBTOTAL HOURS/CLASSIFICATION:0 0 8 0 0 0 0 2 10 BASIC HOURLY RATE $96.36 $86.73 $74.09 $51.00 $41.00 $32.28 $28.18 $34.88 TOTAL PER CLASSIFICATION $0.00 $0.00 $592.72 $0.00 $0.00 $0.00 $0.00 $69.76 Total Labor Cost (Without Multiplier)$662.48 Audited Overhead Rate 193.07%$1,279.05 Subtotal $1,941.53 (1) Profit 11%$213.57 (2) Cost of Capital 0.18%3.49 (3) TOTAL (1) + (2) + (3)$2,158.59 NON-SALARY COSTS A. Reimbursable Expense Quantity Unit Rate Subtotal Mileage Miles $0.00 Xerox Copies ( _copies __ pages/each)EA $0.00 Mailing EA $0.00 Reproduction - Bond (__ Sheets)EA $0.00 B. Subcontracting Expenses Quantity Unit Rate Subtotal TELICS 1 LS $3,875.00 $3,875.00 TOTAL DIRECT NON-SALARY COST:$3,875.00 Total:$6,033.59 Lump Sum Amount $6,033.00TASK NUMBEREmployee Classifications PROJECT DESCRIPTION: Harnett Regional Jetport (HRJ) Britt Land Acq./Land Swap Date Prepared: September 14, 2024 PREPARED BY: Parrish & Partners Page 3 Task 3 - Appraisals HCBOC 100124 ws Pg. 174 Page 4 of 5 SPECIAL SERVICES ENGINEERING SERVICES TASK DESCRIPTION Sr. Project Proj. Manager/Planner/Sr. Civil Associate/Civil Associate/CADD Admin. Asst/ Principal Manager Sr. Eng./Planner Engineer Sr. Designer Designer Technician Grants Manager SUBTOTAL TASKS Task 4 - Phase 1 ESA General Coordination with Owner and Subconsultant 4 2 6 0 0 0 0 0 0 0 0 0 SUBTOTAL HOURS/CLASSIFICATION:0 0 4 0 0 0 0 2 6 BASIC HOURLY RATE $96.36 $86.73 $74.09 $51.00 $41.00 $32.28 $28.18 $34.88 TOTAL PER CLASSIFICATION $0.00 $0.00 $296.36 $0.00 $0.00 $0.00 $0.00 $69.76 Total Labor Cost (Without Multiplier)$366.12 Audited Overhead Rate 193.07%$706.87 Subtotal $1,072.99 (1) Profit 11%$118.03 (2) Cost of Capital 0.18%1.93 (3) TOTAL (1) + (2) + (3)$1,192.95 NON-SALARY COSTS A. Reimbursable Expense Quantity Unit Rate Subtotal Mileage Miles $0.00 Xerox Copies ( _copies __ pages/each)EA $0.00 Mailing EA $0.00 Reproduction - Bond (__ Sheets)EA $0.00 B. Subcontracting Expenses Quantity Unit Rate Subtotal Terracon 1 LS $3,500.00 $3,500.00 TOTAL DIRECT NON-SALARY COST:$3,500.00 Total:$4,692.95 Lump Sum Amount $4,692.00 PROJECT DESCRIPTION: Harnett Regional Jetport (HRJ) Britt Land Acq./Land Swap Date Prepared: September 14, 2024 PREPARED BY: Parrish & Partners TASK NUMBEREmployee Classifications Page 4 Task 4 - Phase 1 ESA HCBOC 100124 ws Pg. 175 SPECIAL SERVICES ENGINEERING SERVICES TASK DESCRIPTION Sr. Project Proj. Manager/Planner/Sr. Civil Associate/Civil Associate/CADD Admin. Asst/ Principal Manager Sr. Eng./Planner Engineer Sr. Designer Designer Technician Grants Manager SUBTOTAL TASKS Task 5 - Prepare Land Acquisition Notebooks Prepare Land Acquisition Notebooks 8 120 128 0 0 0 0 0 0 0 0 0 SUBTOTAL HOURS/CLASSIFICATION:0 0 8 0 0 0 0 120 128 BASIC HOURLY RATE $96.36 $86.73 $74.09 $51.00 $41.00 $32.28 $28.18 $34.88 TOTAL PER CLASSIFICATION $0.00 $0.00 $592.72 $0.00 $0.00 $0.00 $0.00 $4,185.60 Total Labor Cost (Without Multiplier)$4,778.32 Audited Overhead Rate 193.07%$9,225.50 Subtotal $14,003.82 (1) Profit 11%$1,540.42 (2) Cost of Capital 0.18%25.21 (3) TOTAL (1) + (2) + (3)$15,569.45 NON-SALARY COSTS A. Reimbursable Expense Quantity Unit Rate Subtotal Mileage Miles $0.00 Xerox Copies ( _copies __ pages/each)EA $0.00 Mailing EA $0.00 Reproduction - Bond (__ Sheets)EA $0.00 B. Subcontracting Expenses Quantity Unit Rate Subtotal LS $0.00 TOTAL DIRECT NON-SALARY COST:$0.00 Total:$15,569.45 Lump Sum Amount $15,569.00 PROJECT DESCRIPTION: Harnett Regional Jetport (HRJ) Britt Land Acq./Land Swap Date Prepared: September 14, 2024 PREPARED BY: Parrish & Partners TASK NUMBEREmployee Classifications HCBOC 100124 ws Pg. 176 8642 W. Market Street Suite 100, Greensboro, North Carolina 27409 Phone: 336-665-8155 | www.regionallandsurveyors.com July 30, 2024 Parrish & Partners 220 Horizon Dr., Suite 100 Raleigh, NC 27615 Attn: Jennifer Martin, PE, CM RE: Letter Agreement Harnett Regional Jetport – Britt & Others Partial Boundary, Topographic and Utility Survey Dear Jennifer, This letter will serve as the Agreement between Regional Land Surveyors and Parrish & Partners. Regional Land Surveyors, Inc. (RLS) will provide a partial Boundary, Topographic and Utility Survey of the proposed acquisition area as shown on the attached Survey Limits Exhibit. Impacted acquisition parcel include, Harnett County Tax Parcel Number 0578-79-8970 currently owned by John Broughton Britt, Jr. as recorded in Deed Book 774, Page 550; Tax Parcel Numbers 0589-00- 1655 and 0589-02-8698 also owned by Britt as recorded in Deed Book 4168, Page 1093; Tax Parcel Number 0589-02-4051 currently owned by NC Department of Transportation as recorded in Deed Book 606, Page 263; and Tax Parcel Number 0589-13-6477 currently owned by Mueller-Towsend LLC and Lee William Denny as recorded in Deed Book 2456, Page 85. We understand the scope of work will require RLS to perform the necessary records research and field survey efforts to produce a Boundary, Topographic, and Utility Survey map of the area shown on the Survey Limits Exhibit. All subject boundary corners will be recovered and verified or replaced and all observed improvements and aboveground utilities will be located and depicted on the survey. Topographic data will be captured utilizing aerial survey technology by our subcontract partner Spatial Data Consultants. RLS will utilize the aerial survey data to supplement our ground survey efforts to produce a comprehensive deliverable with contours represented at 1’ contour intervals with spot elevations for clarification. SUE Level B will be performed to capture underground utilities found within the survey area. In preparing this survey, RLS will adhere to the Standards of Practice for Land Surveying in North Carolina Title 21, Chapter 56, Section 1600 and all survey data will be tied to the North Carolina State Plane Coordinate System and reference NAD83(NSRS2011 datum). The total estimated budget for the above-described scope of work if performed simultaneously with a single deliverable is $73,534.00. Should you decide to have the Boundary Survey and Topographic Survey performed at separate times with two separate deliverables being provided, the total is $82,253.50. Upon your acceptance and notice to proceed, RLS will work with you and the airport to achieve a mutually beneficial schedule for the work. We will perform our services consistent with the professional skill and care ordinarily provided by professionals practicing in the same or similar locality under the same or similar circumstances. (“The Standard of Care”). Additionally, we shall perform our services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. Payment is due within 15 days of the completion of work or receipt of deliverables or invoices. To the fullest extent permitted by law, RLS’s total liability for any and all claims, losses, costs, or damages of any nature whatsoever claimed by you or anyone claiming by, through or under you, shall not exceed twice the total fee for this project. HCBOC 100124 ws Pg. 177 2 8642 W. Market Street Suite 100, Greensboro, North Carolina 27408 Phone: 336-665-8155 | www.regionallandsurveyors.com This Letter Agreement represents the entire agreement between you and RLS and supersedes all previous oral or written agreements for this project. Regional Land Surveyors, Inc. (RLS)’s shall not be held to the terms of any other agreements or contracts, unless expressly made part of this Agreement and approved by RLS. If you are in agreement with the terms and conditions above, please sign below. Upon receipt of one signed copy of this Letter Agreement, we will begin work on your project. The conditions of this Letter Agreement shall be applicable for forty-five (45) days from the date of this Letter Agreement, after which, RLS reserves the right to review and/or renegotiate them with you. In addition, if we are requested to perform any of the services described in this Letter Agreement, the terms and conditions of this Letter Agreement shall be deemed accepted as if signed by you. If you have any questions or concerns related to this Letter Agreement or if you would like to modify the scope of work described above, please contact me at your earliest convenience. Sincerely, David A. Clark, PLS This scope of services, terms and conditions of this Letter of Agreement are accepted: _____________________________________________________________________ Print Name of Authorized Representative and Business/Corporation Name _____________________________________________________________________ Signature of Authorized Representative HCBOC 100124 ws Pg. 178 Harnett Regional Jetport - Britt & Others Acquisition Survey Limits Exhibit Legend GIS Parcel Lines Parcel Acquisition Areas Topographic Survey Limits 3000 ft N➤➤NHCBOC 100124 ws Pg. 179 8642 W. Market Street Suite 100 Greensboro, NC 27409 336-665-8155 Phone HRJ Britt Parcel Boundary, Topo, Utility Survey Breakdown Separate Boundary Survey UNIT QUANTITY RATE ESTIMATE Research & Field Prep (15 parcels)Hourly 8.0 $115.00 $920.00 Ground Survey (Boundary)Daily 20.0 $1,550.00 $31,000.00 QA/QC & Data Processing Hourly 12.0 $115.00 $1,380.00 Boundary Mapping Hourly 60.0 $115.00 $6,900.00 Professional Land Surveyor Hourly 4.0 $165.00 $660.00 Mileage Per Mile 1000.0 $0.67 $670.00 Per-diem Daily 20.0 $332.00 $6,640.00 SUBTOTAL $48,170.00 Topographic Survey UNIT QUANTITY RATE ESTIMATE Field Prep Hourly 2.0 $115.00 $230.00 Ground Survey (Control)Daily 3.0 $1,550.00 $4,650.00 Aerial Survey (Topography)Lump Sum 1.0 $20,200.00 $20,200.00 QA/QC & Data Processing Hourly 3.0 $115.00 $345.00 Topographic Mapping Hourly 40.0 $115.00 $4,600.00 Professional Land Surveyor Hourly 3.0 $165.00 $495.00 SUE Level B Lump Sum 1.0 $2,400.00 $2,400.00 Mileage Per Mile 250.0 $0.67 $167.50 Per-diem Daily 3.0 $332.00 $996.00 SUBTOTAL $34,083.50 Total Estimated Survey Budget $82,253.50 7/30/2024 1 Topographic Survey Described Below Not Included in Letter Agreement HCBOC 100124 ws Pg. 180 8642 W. Market Street Suite 100, Greensboro, North Carolina 27409 Phone: 336-665-8155 | www.regionallandsurveyors.com 2024 Hourly Fee Schedule Personnel Rate Professional Surveyor $165.00 Project Manager $145.00 GIS Coordinator $105.00 Scan Data Technician $115.00 CADD/GIS Technician $100.00 Senior CADD Technician $115.00 1 Man Survey crew $95.00 2 Man Survey crew $155.00 3 Man Survey crew $205.00 1 Man Scan Crew $140.00 2 Man Scan Crew $185.00 Clerical/Administrative $60.00 Expert Witness $400.00 Equipment All-terrain Vehicle $50.00/Day Boat (Non-motorized)$30.00/Day Review, recording, outside consultant and other fees or leased equipment are billed at cost plus 10% for handling and processing, except as otherwise negotiated. Other billing rates Mileage GSA Rate/mile Supplies/Expenses/Fees Cost plus 10% Lodging & Meals GSA Rates/day per man HCBOC 100124 ws Pg. 181 8642 W. Market Street Suite 100, Greensboro, North Carolina 27409 Phone: 336-665-8155 | www.regionallandsurveyors.com DAVID A. (ANDY) CLARK, PLS Vice President/Project Manager Responsibilities In charge of field operations and project management, including project planning and scheduling, office and field crew collaboration, client and consultant coordination, budgeting, project review and quality assurance. Education •Certificate in Surveying Technology: 1998 Guilford Technical Community College •Certificate in Computer Aided Drafting (CAD) Technology: 1998 Guilford Technical Community College •Over 300 Hours of Continuing Education since 2006 in geomatics related studies Active Registrations & Affiliations •North Carolina Professional Land Surveyor L-4649 •Kentucky Professional Land Surveyor L-4407 •National Society of Professional Surveyors (NSPS) •North Carolina Society of Surveyors (NCSS) •Guilford Chapter of NCSS (President from 2010-2014) Experience and Qualifications •28 Years overall experience in Traditional Land Surveying Practices •26 Years specialized experience in Global Positioning System Surveys (GPS) •26 Years specialized experience in Route & Utility Surveys •18 Years specialized experience in Survey Project Management •10 Years specialized experience as a Survey Crew Chief Relative Project Experience •Piedmont Natural Gas, Line 6 Replacement Project, Design, Construction Layout and As-built of 80+ miles of 16” Transmission Gas Pipeline from Pleasant Hill, NC to Wilson, NC. •Piedmont Natural Gas, ILI Project Team Member 2010-Present, Right-of-Way determination, Design Surveys, Construction layout, As-builting of over 3,000 retrofit modifications and/or replacement of over 2,800 miles of Transmission Gas Pipeline in North and South Carolina. •Kinder Morgan, volumetric surveys for numerous containment areas at multiple facilities. •Colonial Pipeline, construction and as-built surveys for 10 relocation projects related to the I-540 Beltway near Raleigh, NC. •Numerous Road Widening Projects across North Carolina including Hanes Mill Rd. in Winston-Salem, Freeway Drive in Reidsville, and Hwy 68 in High Point. •Design Surveys for 20+ Sidewalk Projects in Greensboro, NC. Services included boundary and right-of-way determination, acquisition exhibits, legal descriptions, and construction layout. •Multiple Drainage Basin Study Surveys for the City of High Point Utility Dept., City of Greensboro Urban Development, City of Reidsville Public Works and many others. •Various Multifamily community rehab projects that consisted of ALTA Surveys, Topographical Surveys, and HUD Surveys. •High Accuracy Aerial Control Surveys to support the North Carolina Statewide Aerial Imagery Program from 2014-Present. HCBOC 100124 ws Pg. 182 HCBOC 100124 ws Pg. 183 HCBOC 100124 ws Pg. 184 HCBOC 100124 ws Pg. 185 HCBOC 100124 ws Pg. 186 HCBOC 100124 ws Pg. 187 HCBOC 100124 ws Pg. 188 HCBOC 100124 ws Pg. 189 HCBOC 100124 ws Pg. 190 HCBOC 100124 ws Pg. 191 HCBOC 100124 ws Pg. 192 HCBOC 100124 ws Pg. 193 HCBOC 100124 ws Pg. 194 HCBOC 100124 ws Pg. 195 HCBOC 100124 ws Pg. 196 HCBOC 100124 ws Pg. 197 Item 17 HCBOC 100124 ws Pg. 198 HCBOC 100124 ws Pg. 199 HCBOC 100124 ws Pg. 200 HCBOC 100124 ws Pg. 201 HCBOC 100124 ws Pg. 202 Page 1 OCTOBER 7, 2024 APPOINTMENTS NEEDED SOUTHEASTERN ECONOMIC DEVELOPMENT COMMISSION We have received an application from Stanley K. Price. Mr. Price would like to be considered for reappointment to this board. (Application attached) HARNETT COUNTY BOARD OF ADJUSTMENT There are 3 alternate vacancies on this Board, which are not district sensitive. We have received an application from Rev. Anthony Fairley. Rev. Fairley resides in district 2 and would like to be considered for appointment as an alternate to this Board. (Application attached) We have received an application from Robert Cole. Mr. Cole resides in district 4 and would like to be considered for an appointment as an alternate to this Board. (Application attached) Item 18 HCBOC 100124 ws Pg. 203 HCBOC 100124 ws Pg. 204 HCBOC 100124 ws Pg. 205 HCBOC 100124 ws Pg. 206 HCBOC 100124 ws Pg. 207