081919a Agenda PackageHARNETT COUNTY BOARD OF COMMISSIONERS
County Administration Building
420 McKinney Parkway
Lillington, North Carolina
Regular Meeting
August 19 , 2019
1. Call to order -Chairman Gordon Springle
6:00 pm
2. Pledge of Allegiance and Invocation -Vice Chairman Howard Penny
3. Consider additions and deletions to the published agenda
4 . Consent Agenda
A. Minute s
B. Budget Amendments
C. Tax rebates, refunds and releases
D. Harnett County Human Resources requests approval to amend the Personnel
Ordinance to add clarifying information regarding the appointment of the Hamett
County Tax Administrator, specifically in Article 1, Section 2 and 5.
E. Harnett County Emergency Services requests approval of the EMS Assistant Medical
Director contract between County of Harnett and Sean Samuel Ray , M .D . as the EMS
Assistant Medical Director Effective September 1, 2019 through October 31 , 2019.
F. Harnett County Cooperative Extension requests approval to accept the 2019-20
Southern Pea Project Grant in the amount of $16,250 that will be used to purchase a
pea sheller and mount the sheller on a trailer to be used at multiple farms in 2020.
5. Period of up to 30 minutes for inform al comments allowing 3 minutes for each
presentation
6. Appointments
Commissioners will also discuss and approve the Boards and Committees on which the y
serve.
7 . Sandhills Antique Farm Equipment Club Annual Report
8. Public Hearing -Proposed Zoning Change : Case # PLAN 1905-0002
Landowner/ Applicant: Harriet Marshall & Vivian Clark Chance, et al / Vivian Chance,
Erwin McNeil , Harold Gilchrist, Thelene Smith, Sharon Clark, Rita Clark, Doris Clark, &
heirs; 12 .3 1-acre tract ; Pin# 9594-25-5026; From Commercial to RA-20R; NC 24/87 ;
Anderson Creek Township.
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081919a HCBOC Page 1
9. Public Hearing -Proposed Zoning Change: Case# PLAN 1906-0003
Landowner/Applicant: Christine G. Williams/ Christine G. Williams; 3.32 acres; Pin# 0568-
03-9311.000; From RA-20R & Industrial to Commercial & RA-20R; US 401 South;
Lillington Township.
10. Public Hearing -Proposed Zoning Change: Case # PLAN 1906-0004
Landowner/Applicant: Forever Clean Portable Toilets, Inc; 6.16 +/-acres; Pin# 0653-42-
1702.000; From RA-20M to Light Industrial; US Hwy 401 North; Hector's Creek Township.
11. Public Hearing regarding the Hamett County Board of Commissioners intent:
(1) To enter into an installment financing contract in an amount not to exceed $25 ,000,000
(the "Contract") to finance the acquisition, construction and equipping of a new
Government Services Complex (the "Project'); and
(2) To execute and deliver a deed of trust, security agreement and fixture filing (the "Deed of
Trust") related to the County's fee simple interest in the Project, together with the
improvements thereon (collectively, the "Mortgaged Property"), as may be required by the
entity providing the funds to the County under the Contract.
This Project will be located at 455 McKinney Parkway, Lillington, North Carolina.
Immediately following the public hearing, staff requests approval of Resolution of the Board
of Commissioners of the County of Hamett, North Carolina, Approving an Installment
Financing Contract and Providing for Certain Other Related Matters.
12. Public hearing concerning certain proposed economic development appropriations including
the following:
(1) 2019-2020 County membership with the Research Triangle Regional Partnership with
membership dues in the amount of$37,719.00.
(2) Hamett County's grant participation match of 5% ($25 ,000.00) for the Building Reuse
Grant in the amount of $500 ,000.00 for the benefit of Praxan, LLC from the North Carolina
Department of Commerce Rural Economic Development Division.
(3) Hamett County's grant participation match of 50% ($100,000.00) for the One North
Carolina Fund Grant in the amount of $200,000 for the benefit of Krigen Pharmaceuticals,
LLC from the North Carolina Department of Commerce. This grant shall be used for the
installation or purchase of equipment and building renovations or structural repairs at the
manufacturing facility.
Immediately following the public hearing, staff requests approval of the proposed
appropriations as presented. Staff also requests approval to accept the Building Reuse Grant
in the amount of $500,000.00 for the benefit of Praxan, LLC from the North Carolina
Department of Commerce Rural Economic Development Division. This grant shall be used
for the upfitting, renovation, and reuse of that manufacturing facility building located at 800
Edwards Brothers Drive, Lillington, NC 27546, which shall be leased to Krigen
Pharmaceuticals, LLC for the establishment and operation of a pharmaceutical parenteral
manufacturing facility. Hamett County's grant participation match is 5% ($25,000.00).
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13. Harnett County Emergency Services requests approval to amend the Hamett County Fire
Prevention Ordinance to adopt the 2018 edition of the North Carolina State Building
Code: Fire Prevention Code 2015 IFC with North Carolina Amendments (excluding
appendices A-J)
14. Discuss and consider lease agreements for the renovated Shawtown facility:
a. Hamett County Administration requests approval of a three (3) year lease
agreement with Boys & Girls Club of Central Carolina for Suites 112,114 ,116 and
117 at 645 Shawtown Road, Lillington, NC.
b . Hamett County Administration requests approval of a three (3) year lease
agreement with Re-Entry for Suites 202, 204, and 206 at 645 Shawtown Road,
Lillington, NC.
c. Hamett County Administration requests approval of a one ( 1) year lease agreement
with Hamett United Police Activities League for Suites 103 , 105 , 113 and 115 at
645 Shawtown Road , Lillington, NC.
d. Harnett County Administration requests approval of a one ( 1) year lease agreement
with Johnston-Lee-Hamett Community Action for Suite 101 at 252 Irene Roberts
Road, Lillington, NC.
e. Hamett County Administration requests approval of a one ( 1) year lease agreement
with Shawtown Alumni Association for Suite 100 at 252 Irene Roberts Road,
Lillington, NC.
15. County Manager's Report -Paula Stewart, County Manager
Hamett County Public Health Activities Summary -June 2019
NC Total Retirement Plans Contribution-Based Benefit Cap Report
Interdepartmental Budget Amendments
16. New Business
17. Closed Session
18. Adjourn
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Agenda Item L/ A
HARNETT COUNTY BOARD OF COMMISSIONERS
Minutes of Regular Meeting
August 5, 2019
The Hamett County Board of Commissioners met in regular session on Monday, August 5, 2019,
in the Commissioners Meeting Room, County Administration Building, 420 McKinney
Parkway, Lillington, North Carolina.
Members present:
Member absent:
Staff present:
Gordon Springle, Chairman
Howard Penny, Vice Chairman
Mark B. Johnson, Commissioner
Barbara McKoy, Commissioner
Joe Miller, Commissioner
Paula Stewart, County Manager
Dwight Snow, County Attorney
Kimberly Honeycutt, Finance Officer
Margaret Regina Wheeler, Clerk
Chairman Springle called the meeting to order at 9:00 am. Commissioner McKoy led the Pledge
of Allegiance and invocation.
Chairman Springle called for any additions or deletions to the published agenda. Chairman
Springle noted that the Board would discuss and consider the boards and committees on which
they serve during their upcoming August 13, 2019 work session. Vice Chairman Penny moved
to approve the agenda as amended. Commissioner McKoy seconded the motion that passed 4-0.
Vice Chairman Penny moved to approve items on the consent agenda. Commissioner McKoy
seconded the motion that passed 4-0.
1. Minutes: July 15, 2019 Regular Meeting
2. Budget Amendments:
3 Health Department
Code 1105110 504010
1105110 526010
1105110 531050
1105110 532050
1105110 330210
Expense Allowance
Office Supplies
Training Registration
Postage
Federal Funding
500 decrease
2,025 decrease
162 decrease
118 decrease
2,805 decrease
August 5, 2019 Regular Meeting Minutes
Hamett County Board of Commissioners
Page 1 of 6
081919a HCBOC Page 4
4 Health De2artment
Code 1105110 523010 Books & Publications 2,265 decrease
1105110 537010 Advertising 2 ,264 decrease
1105110 330210 Federal Funding 4 ,529 decrease
491 Governor's Highway Safety
Code 1104310 502010 Salaries & Wages Full Time 52,002 decrease
1104310 502050 Longevity 780 decrease
1104310 507030 Workers Compensation 1,410 decrease
1104310 507010 Unemployment 260 decrease
1104310 507070 OPEB 120 decrease
1104310 506040 Life Insurance 68 decrease
1104310 503010 LEO Separation Allowance 60 decrease
1104310 505060 LEO Retirement 5 ,120 decrease
1104310 503040 LEO Supplemental Retirement 2,600 decrease
1104310 506010 Group Insurance 10, 1 04 decrease
1104310 505010 FICA 4,038 decrease
1104310 506020 Dental 3 84 decrease
1104310 507050 Employee Clinic 180 decrease
1109800 598200 Interfund Transfer Special Revenue 38,563 increase
1104310 330210 Federal Grant 38,563 decrease
492 Governor's Highway Safety
Code 2108309 502010
2108309 502050
2108309 507030
2108309 507010
2108309 507070
2108309 506040
2108309 503010
2108309 505060
2108309 503040
2108309 506010
2108309 505010
2108309 506020
2108309 507050
2108309 330210
2103900 390981
803 Emergency Services
Code 1104411 529090
1104411 330310
804 Emergency Services
Salaries & Wages Full Time 52,002 increase
Longevity 780 increase
Workers Compensation 1,410 increase
Unemployment 260 increase
OPEB 120 increase
Life Insurance 68 increase
LEO Separation Al1owance 60 increase
LEO Retirement 5,120 increase
LEO Supplemental Retirement 2 ,600 increase
Group Insurance 10, 1 04 increase
FICA 4,038 increase
Dental 3 84 increase
Employee Clinic 1 80 increase
Federal Grant 38,563 increase
Transfer From -General Fund 38 ,563 increase
Emergency Supplies 473 ,970 increase
State 473,970 increase
August 5, 2019 Regular Meeting Minutes
Hamett County Board of Commissioners
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Code 1104411 529090
1104411 529090
1103900 390990
Emergency Supplies
Emergency Supplies
Fund Balance Appropriated
17 ,899 increase
13,999 increase
31,898 increase
3. Hamett County General Services, HARTS , requested approval of the NC Department of
Transportation FY 2020 5339 grant agreement in the amount of $174,000 with a County
match of $17 ,400. The grant provides funding for Capital expenses associated with
providing public transportation for the citizens of Hamett County.
4. Hamett County General Services, Hamett Regional Jetport, requested approval of the NC
Department of Transportation Division of A via ti on grant agreement to provide
professional services for the design/permitting of the apron expansion at the Harnett
Regional Jetport. Hamett County's local match is 10% of the total estimated project cost
of$293 ,140.
5. County Staff Attorney requested Public Disclosure of the Settlement Agreement with
Michael W. Stinecipher v. County of Hamett (Order Approving Compromise Settlement)
pursuant to Section 143-218.1 l(a)(3) of the North Carolina General Statutes.
6. Hamett County Health Department requested approval to accept grant funds from Mid-
Carolina Area Agency on Aging for $28 ,000 for the Family Caregiver Program.
7. Proclamation -Child Support Awareness Month -August 2019
Chairman Springle opened the floor for informal comments by the public, allowing up to 3
minutes for each presentation up to 30 minutes. The following citizens addressed the Board:
Floyd Hein of 411 Rainey Drive in Spring Lake
Ricky Temple of 111 Tasha Lane in Fuquay-Varina
Vice Chairman Penny moved to approve the appointments listed below. Commissioner McKoy
seconded the motion that passed 4 -0.
Hamett County Board Of Adjustment
Richard Cruickshank was appointed as a regular member for District 4 , filling the
position recently resigned by Gunner Henderson, for a term of three years expiring
August 31, 2022.
Jonathan Pope was appointed as a regular member for District 3 for a term of three years
expiring August 31 , 2022.
Hamett County Council for Women and Youth
Nell Watson-Crosby, Jacqueline Jones, Nyia Johnson, Karen Clark, and Ellen Bryce were
appointed to serve on this council for term of three years expiring August 31, 2022.
August 5, 2019 Regular Meeting Minutes
Hamett County Board of Commissioners
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Janet A. Whetstone-Perez, PE, NC Department of Transportation, reported that the Sandhills
Regional Traffic Office proposes the following two intersections be converted to All-Way Stop:
1) the intersection of SR 1516 (Old Coats Road/Sheriff Johnson Road) at 1513 (Neill's
Creek Road), and
2) the intersection of SR 1516 (Sheriff Johnson Road) at SR 1542 (Johnson Farm
Road/Old Buies Creek Road).
Ms. Whetstone-Perez shared pictures, information and diagrams for these two intersections.
Discussions continued. Vice Chairman Penny moved to approve two Resolutions Endorsing
Safety Improvements in Harnett County by North Carolina Department of Transportation as
presented. Commissioner Johnson seconded the motion that passed 4 -0. (Attachment 1 & 2)
Administration reque sted adoption of the proposed Rules and Regulations for the Dunn-Erwin
Rail Trail as recommended by the Rail Trail Authority. Assistant County Manager Brian Haney
mentioned current issues on the trail and briefly reviewed the proposed rules and regulations. He
noted, once adopted, the rules will be posted at entrances to the trail and enforced by trespassing
someone from the trail. Commissioner McKoy moved to approve the Dunn-Erwin Rail Trail
Rules and Recommendations as presented. Commissioner Johnson seconded the motion, which
passed 4 -0.
Harnett County Human Resources Director Heather Pollard presented the following proposed
amendments to the Harnett County Personnel Ordinance to add clarifying information regarding
the appointment of the Harnett County Tax Administrator:
Article 1. Organization o(the Personnel System (Page 2)
Section 2. Coverage
"This policy will cover all Harnett County employees, however:
A. Employees of the Register of Deed and Sheriff's Office are exempt from Article IX
and Article X
B. Employees of the Social Services Department are exempt from Article X
C. Employees governed by the NC Stat Personnel Act are exempt from Article II
D. The Tax Administrator position is exempt from Articles VIII, IX and X All
other articles are applicable to this position.
Section 5. Responsibilities of the Board of Commissioners (Page 7)
The BOC are responsible for making and confirming any appointments specified by law,
including the following:
A. The Clerk to the BCO in accordance with NCGS l 53A-111
B. The Harnett County Attorney in accordance with NCGS 153A-l 14
C. The Harnett County Deputy Tax Collector in accordance with NCGS 105-349 (I)
D. The Harnett County Tax Administrator, as the Tax Collector and Tax Assessor,
in accordance with NCGS 105-349 and NCGS 105-294
E. The Harnett County Finance Officer in accordance with NCGS 159-24
The Board will consider approval of the propose amendment during the August 19, 2019 regular
meeting.
August 5, 2019 Regular Meeting Minutes
Hamett County Board of Commissioners
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081919a HCBOC Page 7
Assistant County Manager Coley Price requested a public hearing on August 19 , 2019 for the
following additional appropriations for economic development:
1) 2019-2020 County membership with the Research Triangle Regional Partnership, full
support of Economic Development Council
2) Hamett County's match of 5% ($25,000) for the Building Reuse Grant in the amount
of $500,000 from the Rural Economic Development Division of the Rural
Infrastructure Authority for the Krigen/Praxan/Project Ace Project.
3) Hamett County's match of 50% ($100,000) for the One North Carolina Local
Government Grant Agreement and Company Performance Agreement for $200,000
with County ofHamett/Krigen Pharmaceuticals, LLC.
Vice Chairman Penny moved to approve the Resolution calling for a public hearing in order to
obtain public comment concerning these appropriations for economic development.
Commissioner McKoy seconded the motion, which passed 4 -0. (Attachment 3)
Commissioner Johnson moved to approve the Resolution To Amend The 2019 Schedule of
Meetings of the Hamett County Board of Commissioners. Vice Chairman Penny seconded the
motion that passed 4-0. Commissioners added three additional work sessions to their schedule.
(Attachment 4)
Mrs. Stewart presented the following reports:
Hamett County DSS Monthly Report -June 2019
Veteran Services Activities Report -July 2019
Mrs. Stewart thanked Scott Bost for his work with Solid Waste and recognized summer intern
Hailey Phillips. She also introduced the following staff:
,/ Chris Appel as the new Senior Staff Attorney
,/ Lindsey Lucas as the Legal Assistant and Deputy Clerk to the Board
,/ Chad Beane as the Solid Waste Director
,/ Bradley Kinlaw as the Emergency Services Deputy Director
Chairman Springle called for any new business. Vice Chairman Penny requested the status of
the new North Harnett Primary Road.
Chairman Springle recessed the meeting at 9:47 am.
Chairman Springle reconvened the meeting at 10:00 am. Hamett County Superintendent Aaron
Fleming, Deputy Superintendent Brooks Matthew and School Board Attorney Charlie Bullock
jointed the Board. The Board of Education were invited and encouraged to attend the
presentation and lunch with the commissioners. Kara Millonzi with the UNC School of
Government said she was asked to discuss the legal relationship between the Board of
Commissioners and Board of Education. Ms. Millonzi presented "Working Together: Counties,
Schools, and Local Funding for Public Education". Following the presentation the Board
recessed for lunch.
Chairman Springle reconvened the meeting at 12:15 pm.
August 5, 2019 Regular Meeting Minutes
Harnett County Board of Commissioners
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081919a HCBOC Page 8
Vice Chairman Howard Penny moved that the Board go into closed session for the following
purposes:
1) To instruct the County staff concerning the position to be taken b y the County in
negotiating a contract for the acquisition of real property; and
2) Consultation with the County's legal staff in order to preserve the attorney-client
pri v ilege concerning the handling of certain claims and litigation, including
a. PN Development, LLC vs Hamett County, et al , Hamett County File No. 19
CVS 968 ; and
b. EEOC claim by Roger A. Brown vs Hamett County, EEOC Charge No. 430-
2019-00706 ; and
c . Workers Compensation claim by Thomas Parker vs Hamett County, IC File
No. 15-046880.
This motion is made pursuant to N.C. General Statute Section 143-318.11 (a)(6)&(3).
Commission Johnson seconded the motion, which passed 4-0.
Vice Chairman Penny moved to come out of closed session . Commissioner McKoy seconded
the motion that passed 4 -0.
Commissioner McKoy moved to adjourn the meeting at 12:50 pm . Vice Chairman Penny
seconded the motion which passed 4 -0.
Gordon Springle, Chairman Margaret Regina Wheeler, Clerk
August 5, 2019 Regular Meeting Minutes
Hamett County Board of Commissioners
P age 6 of 6
081919a HCBOC Page 9
ATTACHMENT 1
r~~1Harnett
L ~J N_(O_~_T_HU_C_A~-o-:-IN-!--------------------------------------------------~-----
RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS
ENDORSING SAFETY IMPROVEMENTS IN HARNETT COUNTY
BY NORTH CAROLINA DEPARTMENT OR TRANSPORTATION
www.harnett.org
WHEREAS, the North Carolina Department of Transportation has requested a Resolution from
the Harnett County Board of Conunissioner's endorsing safety improvements at the intersection
of SR 1516 (Old Coats Road/Sheriff Johnson Road) at SR 1513 (Neill's Creek Road); and
WHEREAS , the North Carolina Department of Transportation proposes to make improvements
to this intersection. Said improvements will convert the intersection to an All -Way Stop to enhance
the safety of this intersection; and
WHEREAS, the construction to this improvement will be at no cost to Harnett County.
NOW THEREFORE BE IT RESOLVED, that the Harnett County Board of Com.missioners
endorses the North Carolina Department of Transportation converting the intersection of SR 1516
(Old Coats Road/Sheriff Johnson Road) at SR 1513 (Neill's Creek Road) to an All-Way Stop to
enhance its safety.
Duly adopted this the 5th day of August, 2019.
HARNETT COUNTY BOARD OF COMMISSIONERS
Gor~
ATTEST:
strong roots • new growth 081919a HCBOC Page 10
ATTACHMENT 2
~
/~-~, Harnett
:/=-":~rJ CO U N T Y --Jl_~:.._) N_O_R_T_H_C_A_R-OL_I_N_A------------------------------
www.harn en.org
RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS
ENDORSING SAFETY IMPROVEMENTS IN HARNETT COUNTY
BY NORTH CAROLINA DEPARTMENT OR TRANSPORTATION
WHEREAS, the North Carolina Department of Transportation has requested a Resolution from
the Harnett County Board of Commissioner's endorsing safety improvements at the intersection
of SR 1516 (Sheriff Johnson Rd) at SR 1542 (Johnson Farm Rd/Old Bui es Creek Rd); and
WHEREAS, the North Carolina Department of Transportation proposes to make improvements
to this intersection. Said improvements will convert the intersection to an All-Way Stop to enhance
the safety of this intersection; and
WHEREAS, the construction to this improvement will be at no cost to Harnett County.
NOW THEREFORE BE IT RESOLVED , that the Harnett County Board of Commissioners
endorses the North Caro lina Department of Transportation converting the intersection of SR 1516
(Sheriff John son Rd) at SR 1542 (Johnson Farm Rd/Old Buies Creek Rd) to an All-Way Stop to
enhance its safety.
Duly adopted this the 5th day of August, 2019.
HARNETT COUNTY BOARD OF COMMISSIONERS
strong roots • new growth 081919a HCBOC Page 11
ATTACHMENT 3
NORTH CAROLINA
HARNETT COUNTY
RESOLUTION
THAT WHEREAS, Krigen Pharmaceuticals LLC, a North Carolina Limited Liability
Company (Krigen), and its affiliate building facility owner/lessor, Praxan, LLC, a North Carolina
Limited Liability Company (Praxan), have announced their intent to upfit, renovate, and reuse a
current industrial building for the establishment and operation of a pharmaceutical
manufacturing facility to be located at 800 Edwards Brothers Drive in the T own of Lillington,
Harnett County, NC; and
WHEREAS , Krigen and Praxan have requested that Harnett County provide certain
economic development incentives to them in the form of providing certain grant matches t o
economic development grants provided by the North Carolina Department of Commerce, namely
(a) the One North Carolina Fund Grant and (b) the Building Reuse Grant. These grants will
assist said companies in establishing a pharmaceutical manufacturing facility in Harnett County
which will provide a greater tax base, create jobs, and increase economic activity for the benefit
of the County's citizens; and
WHEREAS, pursuant to the provisions of the Local D evelopment Act, N.C. General
Statutes § 158-7 .1, prior to awarding economic development incentives, the Harnett County
Board of Commissioners s hall hold a public hearing in order to obtain public comment
concerning the proposed appropriation of any economic incentives to an applicant indus try; it is
the desire of the Board of Commissioners through th is Resolution to direct the scheduling of said
public hearing.
NOW THEREFORE, BE IT RESOLVED by the Harnett County Board of
Commissioners that the Harnett County Staff is hereby directed to schedule a public hearing to
be conducted at the regul ar meeting of the Board on Monday, Augu st 19, 2019, at 6:00 PM
concerning a proposal to extend economic incentives to Krigen and Praxan for their proposed
renovation, establishment, and operation of a pharmaceutical manufacturing facility in Harnett
County.
BE 1T FURTHER RESOLVED that proper notice of this public hearing be forwarded to
all proper parties and publi shed pursuant to N.C. General Statutes §158-7.1.
This the 5th day of August, 2019.
COUNTY OF HARNETT
By:
081919a HCBOC Page 12
AlTACliM~NT 4
A RESOLUTION TO AMEND THE 2019 SCHEDULE OF MEETINGS
HARNETT COUNTY BOARD OF COMMISSIONERS
THAT WHEREAS, the Hamett County Board of Commissioners adopted on September 19, 1994
certain Rules of Procedure by which the Board would conduct its meetings ; and
WHEREAS, Rule 6 of the Rules of Procedure concerning "Regular and Special Meetings" states
that the Board shall hold regular meetings the first Monday of each month at 9 a.m. and the third Monday
of each month at 6 p.m. It also states if a regular meeting day is a holiday on which county offices are
closed, the meeting shall be held on the next business and the Board may schedule regular work sessions.
NOW, THEREFORE, BE IT RESOLVED , by the Board of Commissioners of Harnett County
that the Board shall hold the following additional work sessions in 2019 :
Monday January 7 9:00am Board Meeting
Tuesday January 15 9:00am Work Session
Tuesd~y January 22 6:00pm Board Meeting
Monday January 28 9:00am Retreat
Monday February 4 9:00am Board Meeting
Monday February 4 11:45 am Legislative Luncheon
Tuesday February 12 9:00am Work Session
Monday February 18 6:00pm Board Meeting
Monday March4 9:00 am Board Meeting
Tuesday March 12 9:00 am Work Session
Monday March 18 6:00pm Board Meeting
Monday April I 9:00 am Board Meeting
Tuesday April9 9:00 am Work Session
Monday April 15 6:00 pm Board Meeting
Monday May6 9:00 am Board Meeting
Tuesday Mayl4 9:00 am Work Session
Monday May20 4:00 pm Appreciation Reception
Monday May20 6:00pm Board Meeting
Monday June 3 9:00 am Board Meeting
Tuesday June 11 9:00 am Work Session
Monday June 17 6:00pm Board Meeting
Tuesday July9 9:00am Work Session
Monday July 15 6:00pm Board Meeting
Monday August 5 9:00am Board Meeting
Tuesday August 13 9:00am Work Session
Monday August 19 6:00pm Board Meeting
Tuesday August 27 ADDED 9:00am Work Session
Tuesday September 3 9:00 am Board Meeting
Tuesday September 10 9:00am Work Session
Monday September 16 6:00pm Board Meeting
Tuesday October 1 ADDED 9:00am Work Session
Monday October 7 9:00 am Board Meeting
Tuesday October 15 9:00 am Work Session
Monday October 21 6:00pm Board Meeting
Tuesday October 29 ADDED 9:00 am Work Session
Monday November4 9:00 am Board Meeting
Tuesday November 12 9:00 am Work Session
Monday November 18 6:00pm Board Meeting
Monday December 2 9:00 am Board Meeting
Tuesday December 10 9:00am Work Session
Monday December 16 6:00pm Board Meeting
Adopted by the Hamett County Board of Commissioners in regular session, this 5th day of
August, 2019. · ·
Attest:
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COUNTY OF HARNETT
BUDGET ORDINANCE AMENDMENT
Agenda Item __ L/.L-"8-._....:
BE IT ORDAINED by the Governin g Board of the County of Harnett. North Carolina, that the following amendment be made to the annual budget
ordinance for the fiscal year ending June 30, 2020.
Section 1. To amend the General Fund, Emergency Services department, the appropriations are to be
changed as follows:
EXPENDITURE AMOUNT
ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE
1104450 535030 R & M -Vehicles $230
REVENUE AMOUNT
ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE
1103800 380850 Insu rance Settlement $230
EXPLANATION :
To budget funds to R & M -Vehicles for ambulance windshield repair. We received reimbursement from the
County's VFIS Insurance Company for windshield repair of EMS Unit Number 3059 (2017 Ford E-450, (Vin. #
60181}.
APPROVALS:
~-=:L\te~ -'<+ r
9 Coun ty Manager (d'mel..... ..,, '('1~-i,
to the Board. and to the Budget O ffi cer
Adopted this ___ day of _______ . 20 _.
Margaret Regina Wheeler.
Clerk to the Board
Gordon Springle. Chairman
Board of Commissioners
l1b 081919a HCBOC Page 21
COUNTY OF HARNm
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett. North Carolina, that the following amendment be mode to the annual
budget ordinance for the fiscal year ending June 30, 2020.
Section 1. To amend the Cellular and Internet service budgets, Transportation. the appropriations ore to be
changed as follows:
EXPENDITURE AMOUNT
ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION Of CODE INCREASE DECREASE
1104630 583000 CTPCP Raised Roof Van Replacement $162.000
1104630 583000 CTPCP Minivan Replacement $30.000
1104630 583000 CTPCP Security Equipment $18,000
REVENUE AMOUNT
ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE
1104630 330210 CTPCP FEDERAL $168,000
1104630 330310 CTPCP STATE $21.000
1104630 390510 CTPCP LOCAL $21.000
EXPLANATION:
To reallocate monies from FY2019 budget Into FY2020 budget to purchase transit vans and a security system under the
State's NCDOT Community Transportation Grant. Deloy In the purchases during the 2018-2019 budget was due to the
vendors not being able to fulfill the orders In time.
APPROVALS:
Adopted this ___ day of _______ . 20 _.
Margaret Regina Wheeler.
Clerk to the Board
e Board, and to the Budget Officer
Gordon Springle, C hairman ~
Board of Commissioners ~
081919a HCBOC Page 22
COUNTY OF HARNETT
BUDGET ORDINANCE AMENDMENT
aE IT ORDA INED by the Governing Boord of the County of Harnett. North Ca rolina, that the following amen d ment b e mod e to the annual budget
ordinance for the fiscal yea r ending June 30, 2020.
Section 1. To amend the General Fund. Cooperative Extens ion. the appropriations are to b e c ha nged a s follows:
EXPENDITURE AMOUNT
ORG OBJEC T PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE
~s. 544080 PES20 OPER T PESTICIDE RECYCLIN G Pes ticid e RecyclinQ Proi:;i ram $1,845
REVENUE AMOUNT
ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE
1104995 330310 PES20 STATE NC AG &CS PESTICIDE Pes ticide Rec vc lina-S tate Fund $1,845
Section 2. Copies o f this b udget amendment shall b e furnished to the Clerk to t he Board. a nd to the Budget Officer and the
Adopted this ___ day of ________ . 20 __ .
Margaret Regino Wheeler.
Clerk to the Board
Gordon Springle. C h air m a n
Board o f Commissioners
081919a HCBOC Page 23
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Hornet!, North Carolina, Iha! the following amendment be
made lo the annual budge! ordinance for the fiscal year ending Ju ne 30, 2020:
Section 1. To amend the Governing Body -the appropriations are to be changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
l l 099 l 0-599000 Continaencv $ 32 ,996.00
l l 04 l l 0-544000 Contracted Services $ 32,996.00
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
.
EXPLANATION: To fund the Assistant District Attorney position -Contract#20200573
Journal Entry 853 -Fiscal year 2020
APPROVALS :
~&.--t 0h.. )c-J-
,,. J.C,-IC,
Department Head (date) County Manager (dote) i -1-1 Ci
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget
Officer and the Finance Officer for their direction.
~
Adopted _________________ _
Margaret Regina Wheeler,
Clerk to the Board
Gord on Springle, Chairman
Harnett County Board of Commissioneri
081919a HCBOC Page 24
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, No rth Carolina, that the following
amendment be made to the annu al budget ordinance for the fiscal year ending Jun e 30, 2020:
Section 1. To amend the Parks and Recreat ion Department, the appropriations are to be changed as
follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
5056110 -519000 Profe ssional Services 10,000
5056110 -519040 Engineering 20,000
5056110-523050 Plants, Seeds & Fertilizer 10,000
5056110 -524015 M & R Supplies-Landscaping 70,000
5056110 -528010 Athletic and Program Supplie s 30,000
5056110 -535015 R & M Supplies-Landscaping 60,000
5056110 -555000 Capital Outlay -Equipment 142,730
5056110 -544000 Contracted Services 300,000
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
5053900 -390990 Fund Balance Appropriated 442,730
5053900 -390981 Tran sfers from -General Fund 200,000
EXPLANATION : Move fund s i nto the Recreat ion Fund for FY 2019-2020. Rec r eation Fund supports ongoing
Park Projects t hroughout the County.
APPROVALS :
L£ 8-~-19
De pa rtment Head (date)
~5:-tv w-
County Manager (date)
~---?-•'1
Section 2. Copies of this budget amendment shall be furni shed to th e Clerk to the Board, and to the
Bud get Officer and the Finan ce Officer for their direction.
Adopted this
Margaret Regina Wheeler
Clerk to the Board
day of
Gordon Springle , Chairman
Harnett County Board of Com m i ss i o ners
I og7 <c, b 081919a HCBOC Page 25
Date run: 8/9/2019 3:16:44 PM Data as of: 8/8/2019 8:10:45 PM TR-304 Bill Release Report Report Parameters: Release Date Start: 7/1/2019 Release Date End: 7/31/2019 Tax District: ALL Default Sort-By: Grouping: Bill #,Taxpayer Name,Release Date.Billing Date.Operator ID, Release Amount Release Reason Bill# Taxpayer Name RELEASE REASON: Adjustment 0000009562-2019-2019-0001-00-REG CARLIE C'S OPERATION CENTER 0000019349-2019-2019-0000-00-REG BREWINGTON, ERIC TSAU 0000022464-2019-2019-0000-00-REG HARNETT COUNTY 0000023193-2019-2019-0000-00-REG HAWKINS, DAVID L JR 0000027157-2019-2019-0000-00-REG JOHNSON, DONALD W 0000027250-2019-2019-0000-00-REG JOHNSON, FRED K 0000031196-2019-2019-0000-00-REG LEGGETT, JAMES H 0000044332-2017-2017-0000-00-REG RAY. CHARLIE L 0000044332-2018-2018-0000-00-REG RAY, CHARLIE L 0000046510-2019-2019-0000-00-REG HARNETT COUNTY, 0000055577-2009-2009-0000-00-REG UNKNOWN, OWNER 0000055577-2010-2010-0000-00-REG UNKNOWN, OWNER PAGE 1 of 4 Operator ID {Name) 7/26/2019 KRISTY TAYLOR 7/19/2019 CRYSTAL THOMAS 7/19/2019 CRYSTAL THOMAS 7/19/2019 CRYSTAL THOMAS 7/19/2019 CRYSTAL THOMAS 7/19/2019 CRYSTAL THOMAS 7/19/2019 CRYSTAL THOMAS 8/19/2017 MARGARET WRIGHT 8/11/2018 MARGARET WRIGHT 7/19/2019 CRYSTAL THOMAS 8/27/2009 CRYSTAL THOMAS 7/9/2010 CRYSTAL THOMAS NCPTS V4 -. 7/26/2019 7/17/2019 7/24/2019 7/19/2019 7/19/2019 7/17/2019 7/19/2019 7/8/2019 7/8/2019 7/24/2019 7/19/2019 7/19/2019 491.07 4,656.84 70.00 4,756.14 4,739.82 1,768.06 199.20 306.60 306.60 70.00 44.14 44.14 Agenda Item -l.j, (2 Release Amount{$) 491.07 135.14 70.00 1,029.61 162.08 66.01 199.20 153.60 153.60 70.00 44.14 44.14 -. 0.00 4,521.70 0.00 3,726.53 4,577.74 1,702.05 0.00 153.00 153.00 0.00 0.00 0.00 081919a HCBOC Page 26
Bill# Taxpayer Name 0000055577-2011-2011-0000-00-REG UNKNOWN, OWNER 0000055577-2011-2011-0000-00-REG UNKNOWN, OWNER 0000055577-2012-2012-0000-00-REG UNKNOWN, OWNER 0000055577-2013-2013-0000-00-REG UNKNOWN, OWNER 0000055577-2014-2014-0000-00-REG UNKNOWN, OWNER 0000055577-2015-2015-0000-00-REG UNKNOWN, OWNER 0000055577-2016-2016-0000-00-REG UNKNOWN, OWNER 0000055577-2017-2017-0000-00-REG UNKNOWN, OWNER 0000055577-2018-2018-0000-00-REG UNKNOWN, OWNER 0000055577-2019-2019-0000-00-REG UNKNOWN, OWNER 0000060357-2019-2019-0000-00-REG FINE LAND HOLDINGS LLC, 0000064181-2018-2018-0000-00-REG LEGGETT, JAMES H 0000064181-2019-2019-0000-00-REG LEGGETT, JAMES H 0001679596-2019-2019-0000-00-REG HARNETT COUNTY 0001679614-2019-2019-0000-00-REG HARNETT COUNTY 0002176363-2019-2019-0000-00-REG CRUZ, KAREN RAMIREZ 0002245187-2019-2019-0000-00-REG JOB PIZZA LLC 0002257396-2019-2019-0000-00-REG HMS KIDS INC 0002257397-2019-2019-0000-00-REG HMS KIDS INC 000225827 4-2018-2018-0000-00-REG OLSEN & OLSEN PLLC PAGE 2 of 4 Operator ID (Name) 8/5/2011 CRYSTAL THOMAS 8/5/2011 CRYSTAL THOMAS 7/26/2012 CRYSTAL THOMAS 8/7/2013 CRYSTAL THOMAS 8/9/2014 CRYSTAL THOMAS 8/8/2015 CRYSTAL THOMAS 8/6/2016 CRYSTAL THOMAS 8/19/2017 CRYSTAL THOMAS 8/11/2018 CRYSTAL THOMAS 7/19/2019 CRYSTAL THOMAS 7/19/2019 CRYSTAL THOMAS 8/11/2018 CRYSTAL THOMAS 7/19/2019 CRYSTAL THOMAS 7/19/2019 CRYSTAL THOMAS 7/19/2019 CRYSTAL THOMAS 7/19/2019 APRIL DIAZ 7/19/2019 KRISTY TAYLOR 7/19/2019 CRYSTAL THOMAS 7/19/2019 CRYSTAL THOMAS 8/11/2018 KRISTY TAYLOR 7/19/2019 7/19/2019 7/19/2019 7/19/2019 7/19/2019 7/19/2019 7/19/2019 7/19/2019 7/19/2019 7/19/2019 7/23/2019 7/19/2019 7/19/2019 7/24/2019 7/24/2019 7/17/2019 7/26/2019 7/17/2019 7/17/2019 7/29/2019 -. 44.14 0.83 44.14 44.14 45.48 45.48 45.48 45.48 45.48 46.55 5,749.36 40.80 40.80 210.00 21.25 20.75 707.33 3,999.36 999.28 1,289.33 Release Amount($) 43.31 0.83 44.14 44.14 45.48 45.48 45.48 45.48 45.48 46.55 70.00 40.80 40.80 210.00 21.25 20.75 707.33 3,490.93 999.28 562.04 -0.83 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5,679.36 0.00 0.00 0.00 0.00 0.00 0.00 508.43 0.00 727.29 081919a HCBOC Page 27
Bill# Taxpayer Name 0002260170-2018-2018-0000-00-REG BUKOSKI, scon ANTHONY JR 0002260562-2018-2018-0000-00-REG HANSEN, ERIK THOMAS 0002262342-2019-2019-0000-00-REG KUEKES, STEVEN F 0002263749-2019-2019-0000-00-REG JOHNSON, BRANDON scon 0002264719-2019-2019-0000-00-REG PICOLLA, JOHN ANTHONY 0002264863-2019-2019-0000-00-REG ROSEN KRANTZ, KATHRYN MARY 0002267259-2019-2019-0000-00-REG WAX, LEO ROBERT 0002267496-2019-2019-0000-00-REG WAX, LEO ROBERT 0002267723-2019-2019-0000-00-REG EASON, JEROME WESLEY 0002267841-2019-2019-0000-00-REG COLLINS, JOHN WILLIAM 0002268474-2019-2019-0000-00-REG TOGNONI, GARY CHRISTOPHER Subtotal RELEASE REASON: Adjustment Release 0000041648-2019-2019-0070-00-DLD PATIERSON, ONITA 0001305839-2019-2019-0070-00-DLD VUNCANNON, DANNY R 0002265366-2019-2019-0000-00-REG REBUL TAN, PAUL ANTHONY 0002265366-2019-2019-0000-00-REG REBULTAN, PAUL ANTHONY Subtotal RELEASE REASON: Billing Correction 0002260389-2018-2018-0000-00-REG RAKELA, CYNTHIA HOLMES Subtotal RELEASE REASON: Elderly Exclusion 0000034659-2019-2019-0000-00-REG MCDOUGALD, ESTELLE PAGE 3 of 4 Operator ID (Name) 8/21/2018 KIMBERLY 7/1/2019 BAKER 8/21/2018 APRIL DIAZ 7/9/2019 7/19/2019 CRYSTAL 7/24/2019 THOMAS 7/29/2019 KRISTY 7/29/2019 TAYLOR 7/19/2019 APRIL DIAZ 7/26/2019 7/19/2019 APRIL DIAZ 7/31/2019 7/19/2019 JANNA HIGDON 7/30/2019 7/19/2019 JANNA HIGDON 7/30/2019 7/19/2019 JANNA HIGDON 7/26/2019 7/19/2019 APRIL DIAZ 7/31/2019 7/19/2019 APRIL DIAZ 7/29/2019 7/19/2019 CRYSTAL THOMAS 7/19/2019 CRYSTAL THOMAS 7/19/2019 CRYSTAL THOMAS 7/19/2019 APRIL DIAZ 8/21/2018 CRYSTAL THOMAS 7/19/2019 SHANNON AUTRY 7/13/2019 7/13/2019 7/19/2019 7/24/2019 7/1/2019 7/23/2019 -. 24.89 82.29 5.82 85.00 5.46 350.60 79.74 186.88 91.11 10.03 779.72 660.84 21.83 1.11 -1.11 27.84 652.00 Release Amount($) 24.89 82.29 5.82 85.00 5.46 350.60 79.74 186.88 91.11 8.02 779.72 10,887.67 660.84 21.83 1.11 0.00 683.78 27.84 27.84 652.00 -0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2.01 0.00 0.00 0.00 0.00 -1.11 0.00 0.00 081919a HCBOC Page 28
Bill# Taxpayer Name 0000049115-2019-2019-0000-00-REG SMITH, PATSY JEAN 0000057326-2019-2019-0000-00-REG WEBB, FAYE HOWARD Subtotal RELEASE REASON: Listed In Error 000225827 4-2019-2019-0000-00-REG OLSEN & OLSEN PLLC Subtotal RELEASE REASON: Military 0001785316-2010-2010-0000-00-REG KINKEAD, MICHAEL DAVID 0001789492-2010-2010-0000-00-REG SCHOLZE, NATHAN CHARLES 0002264903-2019-2019-0000-00-REG MILES, JOSHUA CHRISTOPHER 0002265366-2019-2019-0000-00-REG REBUL TAN, PAUL ANTHONY 0002267017-2019-2019-0000-00-REG BARNED, NICOLE NATASHA 0002267219-2019-2019-0000-00-REG MASTROLIA, seen C 0002268115-2019-2019-0000-00-REG SNYDER, DAVID JOSEPH Subtotal Total PAGE 4of 4 Operator ID (Name) 7/19/2019 SHANNON AUTRY 7/19/2019 CRYSTAL THOMAS 7/19/2019 KRISTY TAYLOR 11/1/2010 CRYSTAL THOMAS 1/4/2011 SHANNON AUTRY 7/19/2019 YVONNE MCARTHUR 7/19/2019 APRIL DIAZ 7/19/2019 SHANNON AUTRY 7/19/2019 STEPHANIE WILSON 7/19/2019 YVONNE MCARTHUR 7/26/2019 7/25/2019 7/29/2019 7/10/2019 7/26/2019 7/29/2019 7/24/2019 7/29/2019 7/29/2019 7/26/2019 -. 2,613.67 247.16 1,121.03 146.71 116.41 206.63 0.00 185.64 15.62 30.45 Release Amount($) 2,613.67 177.16 3,442.83 483.96 483.96 146.71 116.41 206.63 1.11 185.64 15.62 30.45 702.57 16,228.65 -. 0.00 70.00 637.07 0.00 0.00 0.00 -1.11 0.00 0.00 0.00 081919a HCBOC Page 29
Board Meeting
Agenda Item
Agenda Item J..1-Q
MEETING DA TE: August 19, 2019
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Proposed Personnel Ordinance Amendment-Tax Administrator Updates
REQUESTED BY : Administration/HR
REQUEST:
Human Resources requests appproval to amend the Personnel Ordinance to add clarifying
information regarding the appointment of the Harnett County Tax Administrator, specifically
in Article 1, section 2 and 5.
FINANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION:
C:\Users\gwheeler\AppData\Local\Microsoft\ Windows\lNetCache\Con tent.Outlook\OZMK66X9\BOC agend a req -Tax
Adm in upd ate -Ord 8-5 -1 9.docx Page I of I
081919a HCBOC Page 30
Personnel Ordinance Update: 8/5/2019
Article 1. Organization of the Personnel System (Page 2)
Section 2 . Coverage
"This policy will cover all Harnett County employees, however:
A. Employees of the Register of Deed and Sheriff's Office are exempt from Article IX and Article X
B. Employees of the Social Services Department are exempt from Article X
C. Employees governed by the NC Stat Personnel Act are exempt from Article II
D. The Tax Administrator position is exempt from Articles VIII, IX and X. All other articles are
applicable to this position.
Section S. Responsibilities of the Board of Commissioners (Page 7)
The BOC are responsible for making and confirming any appointments specified by law, including the
following:
A. The Clerk to the BCO in accordance with NCGS 153A-1 11
B. The Harnett County Attorney in accordance with NCGS 153A-114
C. The Harnett County Deputy Tax Collector in accordance with NCGS 105-3 49 (f)
D. The Harnett County Tax Administrator, as the Tax Collector and Tax Assessor, in accordance
with NCGS 105-349 and NCGS 105-294
E. The Harnett County Finance Officer in accordance with NCGS 159-2 4
081919a HCBOC Page 31
Board Meeting
Agenda Item
Agenda Item '/ -£
MEETING DA TE: August 19, 2019
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: EMS Assistant Medical Director Contract
REQUESTED BY: Larry Smith, Emergency Services Director
REQUEST:
Approval of the EMS Assistant Medical Director contract between County of Harnett and
Sean Samuel Ray, M.D. as the EMS Assistant Medical Director effective September 1, 2019.
Our current EMS Medical Director, Dr. Erin Wirths will be resigning from her position on
November 1, 2019 and Dr. Ray will assist her until that date and then become the EMS
Medical Director.
FINANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION:
C :\U se rs\bstanci l\Des ktop\agendaform20 19 .doc x Page I of I
081919a HCBOC Page 32
NORTH CAROLINA
HARNETT COUNTY
CONTRACT FOR HARNETT COUNTY EMERGENCY
MEDICAL SERVICES ASSISTANT MEDICAL DIRECTOR
THIS CONTRACT is made and entered into this 1'1 day of September 2019, by and between COUNTY
OF HARNETT, a body politic, organized and existing under the law s of the State of North Carolina (hereinafter
referred to as "County") and SEAN SAMUEL RAY, M.D., a physician duly licensed to practice medicine by the
State of North Carolina, (hereinafter referred to as "Physician").
WITNESS ETH:
WHEREAS, through its Department of Emergency Medical Services, County operates an emergency
medical services system (hereinafter referred to as "County EMS System") for the benefit and general welfare of
its citizens; and
WHEREAS , the provision of these emergency medical services is regulated by the State of North
Carolina through the regulations promulgated by the North Carolina Department of Health and Human Services,
Divi sion of Health Service Regulation, and set out in Subchapter P of Chapter 13 of Title lOA of the North
Carolina Administrative Code; and
WHEREAS, lOA NCAC I3P.0401 requires that the County appoint, either directly or by documented
delegation, an Ass istant Medical Director to provide medical oversight to the County EMS System; and
WHEREAS , County desires to appoint Physician to the role of Assistant Medical Director for the County
EMS System; and
WHEREAS , Physician is duly licensed to practice medicine by the State of North Carolina and is
qualified and willing to assume the role of Assistant Medical Director for the County EMS System, more fully set
forth in thi s Contract;
NOW THEREFORE, the parties have mutuall y agreed to the temlS and conditions of thi s Contract as
follow s:
Section 1. APPOINTMENT AND TERM
Execution of this Contract s hall formalize the appointment of Physician as Assistant Medical Director for
County's EMS System , and the acceptance of tho se duties by Phy sician for a terrn that shall commence on
September 1, 2019. This appointment and Contract shall continue until terminated by either party giving 90 days
written notice of termination to the other, subject to such modifications as the parties may agree to in writing at
any time. In the event of such termination, any pa yment due shall be prorated to the date of termination. If either
party defaults in its obligations and fails to cure such default within 10 day s of receipt of notice of s uch default,
the non-defaulting party may immediately terminate thi s Contract.
1 of 5
081919a HCBOC Page 33
Section 2. GOVERNING LAW
2.1. This Contract is made and shall be construed in accordance with the laws of the State of North
Carolina, and the jurisdiction of any legal proceedings related thereto shall lie in Harnett County Superior Court.
2.2. This Contract is specifically authorized and executed as a continuing contract in accordance with the
provisions of§ 153A-l 3 of the North Carolina General Statutes.
2.3. Physician shall perform all duties and services under this Contract in full compliance with any
applicable federal, state, and local laws, rules, and regulations. Both parties to this Contract shall adhere to local,
state, and federal legal requirements, including those regarding claim submission for third party payors, and those
regarding the confidentiality of protected health information. The parties to this Contract may enter into other
contracts or agreements stipulating the specific arrangements for achieving this compliance, including a Business
Associate Agreement.
Section 3. DUTIES AND RESPONSIBILITIES OF PHYSICIAN
In his capacity as Assistant Medical Director for the County EMS System, Physician shall do, provide,
and perform as follows:
3.1. Maintain the qualifications and complete and maintain the initial and continuing medical education
requirements for an Assistant Medical Director of an EMS system as established by the North Carolina College of
Emergency Physicians.
3.2. Purs uant to JOA NCAC I3P.0403(a) and other OEMS rules , regulations, policies, guidelines, etc. be
responsible for the following:
3.2.1. Ensuring that medical control is available 24 hours a day, including being available by telephone
24 hours a day;
3.2.2. Establishing, approving, and annually updating treatment protocols in conjunction with the
Director of the County's Department of Emergency Medical Services (hereinafter referred to as "Director");
3.2.3. Providing medical supervision of the selection , initial education, system orientation, continuing
education, and performance of all EMS personnel;
3.2.4. Providing medical supervision of the scope of practice performance evaluation for all EMS
personnel in the County EMS System based on treatment protocols for said System;
3.2.5. Providing medical review of the care provided to patients in traditional and non-traditional practice
settings ;
3.2.6. Providing guidance regarding decisions about equipment, medical supplies, and medications that
will be carried on ambulances, EMS non-transporting vehicles, and non-traditional practice settings within the
scope of practice of Emergency Medical Responders, Emergency Medical Technicians, Advanced Emergency
Medical Technicians or Paramedics;
3.2.7. Ensuring the care provided in all County EMS System settings is up to date with accepted medical
practice and procedures;
2 of 5
081919a HCBOC Page 34
3.2.8. Overseeing Emergency Medical Dispatcher (hereinafter referred to as "EMD") programs and the
establishment, approval, and annual updating of an emergency medical dispatch priority reference system;
3.2.9. Reviewing data about the County EMS System and trends through interpretation of said data;
3.2.10. Providing medical direction for the County EMS System, including Medical and First
Responders, Basic Life Support, Advanced Life Support, special events coverage, as well as providing direction
to any agency providing emergency services in the County;
3.2.11. Providing medical oversight, guidance, and leadership for medical issues and responses for fire
and law enforcement partners in the County;
3.2.12. Providing medical treatment supervision of personnel by randomly responding to emergency calls
and observing the approach, demeanor, relationships, and medical treatment provided to patients and others by all
responding personnel, including Medical and First Responders, fire, law enforcement, rescue, County EMS
System personnel;
3.2.13. Relating to all patients and staff of the County in a professional manner; and
3.2.14. Other duties as may be requested and necessary in assuring a quality County EMS System.
3.3. Pursuant to 1 OA NCAC 13P.0403(b ), any tasks identified in Paragraph 3.2 of this Contract may be
completed, through written delegation, by assisting physicians, physician assistants, nurse practitioners, registered
nurses, EMD's, or Paramedics.
3.4. Pursuant to JOA NCAC 13P.0403(c), Phys ician may suspend temporarily, pending due process
review, any EMS personnel from further participation in the County EMS System when it is determined that the
activities or medical care rendered by such personnel may be detrimental to the care of a patient, constitute
unprofe ssional behavior, or result in non-compliance with credentialing requirements.
3.5. Physician will schedule and maintain regular office hours , or otherwise make himself available at
regularly designated times, for consultation with appropriate staff from the County's Department of Emergency
Medical Services, with the day and time of such meetings to be at the discretion of Physician to accommodate his
schedule.
3.6. Physician (or his designee) will participate in the quarterly Harnett County EMS System Peer
Review meetings.
3.7. Physician shall maintain all nece ssary professional registrations and licensures, and shall provide
evidence of such to County upon request;
Section 4. FEE FOR PHYSICIAN'S SERVICES
For Physician's services under this Contract, County shall pay Phys ician the sum of $1,000.00 per month
and the sum of $100.00 per hour for each hour spent in undertaking the duties and responsibilities herein outlined.
Such sums shall be paid to Phy sician on or before the 10th day of each month. The partie s acknowledge and
agree that the compensation set forth in this Contract is reasonable and represents the fair market value of the
services to be provided. Further, the partie s acknowledge and agree that they negotiated this Contract at arm's
length, and did not take into account the volume or value of referrals or other business that may be generated
between th e parties.
3 of 5
081919a HCBOC Page 35
Section 5. DEFAULT
Thi s Contract may be terminated , for cause, by the non-breaching party notifying the breaching party of a
failure to perform the provis ions of thi s Contract and if the failure is not corrected within se ven days of the receipt
of the notification. Upon such termination, the parties shall be entitled to such additional rights and remedies a s
may be allowed by relevant law .
Section 6. COMMUNICATIONS BETWEEN THE PARTIES
Phys ician shall confer with the Director regarding all matters ari sing out of or concerning this Contract.
Phy sician shall recei ve any instructions from the Director and Physician shall communicate any complaints about
any matters ari sing out of thi s Contract directly to the Director .
Section 7 . INDEPENDENT CONTRACTOR
Phys ician's legal relationship with County shall at all times be that of an independent contractor. In
performing services under thi s Contract, Phys ician shall exercise hi s sole di scretion and independent, profess ional
judgement. Nothing in thi s Contract shall be construed to create the relationship of principal and agent, or
employer and employee, between County and Physician .
Section 8. INSURANCE
County shall provide and maintain its own medical malpractice and general liability insurance coverage in
such amounts a s County deems adequate to satisfy any claims against Physician which may rise out of his
performance under thi s Contract. Said insurance coverage shall be stated in a Certificate of Insurance or other
written evidence of in surance s ubmitted to Phy sician by County at the commencement of this Contract and
otherwise upon reque st . County shall maintain general liability with/and/or errors and omiss ions coverage for
those acts or omissions of Ph ys ician in hi s capacity as Ass is tant Medical Director that are not in stances of medical
malpracti ce. County shall not hold Phy s ician harmless nor indemnify Ph ys ician for any claims arising out of
Phys ician's performance under this Contract, except to th e extent that such cl a ims are co vered b y any policy of
liability insurance maintained by County.
Section 9 . NOTICES
An y notice of intent to terminate this Contract, or of a request to modify or clarify thi s Contract s hall b e
made in writin g and mailed by certified mail, return receipt reque sted, to the other party at its address a s se t out
below , or as may be provided to the other party at any time hereafter.
County
Harnett County EMS Division
Post Office Box 370
Lillington, North Carolina 27546
Physician
Sean Samuel Ray , M .D .
5905 Fortress Drive
Holly Springs, NC 27540
4 of 5
081919a HCBOC Page 36
Section 10. CONFIDENTIAL INFORMATION
Physician acknowledges and agrees that any information received by his which concerns the personal,
financial, or other affairs of patients served by the County EMS System shall be treated by Physician in full
confidence and shall not be revealed to any other persons, firms, or organizations, except in accordance with
accepted medical practice and state and federal law regarding the confidentiality of such information.
Section 11. INDEMNITY
To the fullest extent permitted by laws and regulations, Physician shall indemnify and hold harmless
County and its officials, agents, and employees from and against all claims, damages, losses, and expenses, direct,
indirect, or consequential (including attorneys fees) arising out of or re sulting from the performance of this
Contract or the actions of Physician under thi s Contract or under the contracts entered into by Physician in
connection with this Contract. This indemnification s hall survive the termination of this Contract.
Section 12. NON-APPROPRIATION
No provi sion of this Contract shall be construed or interpreted as creating delegation of governmental
powers, or as a donation by a lending of the credit of County within the meaning of the Constitution of the
State of North Carolina. This Contract s hall not directly, indirectly, or contingently obligate County to make
any payments beyond those appropriated in the sole discretion of County for any fiscal year in which this
Contract shall be in effect. No deficiency judgment may be rendered against County in any action for breach
of a contractual obligation under this Contract, and the taxing power of County may not be pledged directly,
indirectly, or contingently to secure any monies due under thi s Contract.
Section 13. ENTIRE AGREEMENT
This Contract constitutes the entire agreement between the parties, and shall not be altered, amended or
modified, except by an agreement in writing executed by the duly authorized officials of both parties .
IN TESTIMONY WHEREOF County and Physician each caused this Contract to be executed in
duplicate originals, one of which i s retained by each of the parties.
HARNETT COUNTY
Gordon Springle, Chairman Harnett County
Board of Commissioners
This ins trument has been pre-audited in the manner
r equired by the Local Government Budg~:~~d:fJs~i ::::: % (n
Control Act ::::.\i}( :s
5 of 5
·········· z . . . . . . . . . "'
b· '1~:'iinc ::::::::::: ._____
081919a HCBOC Page 37
Attest
Margaret Regina Wheeler, Clerk to the
Harnett County Board of Commissioners
-.~~-4-,JJ~
Sean Samuel Ray, M .D. ;;,
6 of 5
081919a HCBOC Page 38
Agenda Item "£/ -F
Board Meeting
Agenda I tem
MEETING DA TE: August /'I; 2019
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Request permission to accept 2019-20 Southern Pea Project Grant
REQUESTED BY: Tim Mathews, County Extension Director
REQUEST:
The North Carolina Cooperative Extension, Harnett County Center, request permission to
accept 2019-20 Southern Pea Project Grant in the anount of$16,250. Harnett County
Cooperative Extension would purchase a pea sheller and mount the sheller on a trailer to be
used at multiple farms in 2020. The equipment will provide an opportunity for former and
current tobacco farmers to try a new crop and explore value added opportunities.
FINANCE OFFICER'S RECOMMENDATION:
" COUNTY MANAGER'S RECOMMENDATION:
C:\Users\sw illiams\Desktop\C ounty forrn s\agendaform2019 .docx
I of I
Page
081919a HCBOC Page 39
Friday, June 28, 2019
Dear Brian,
NC State Univ ersity
College of Agric ulture and Life Scie nces
Advancement Offic e
ces .ncsu.edu
Campus Box 7 645
512 Bri c khaven Driv e
Raleigh , NC 27645-764 5
P: 919 .515.2000
Congratulations! On behalf of the North Carolina Agricultural Foundation and NC State Extension, it is my pleasure to
congratulate you on being a 2019 NC Cooperative Extension Service Innovative Grant recipient. You will be
allocated $16 ,250 toward the Pea Sheller project detailed in the Innovation Grant Proposal that you submitted .
In 2005, Ed and Dinah Gore generously supported six endowments for programs and innovative grants benefitting
North Carolina Cooperative Extension, the College of Agriculture and Life Sciences , and NC State University. These
grants , awarded and administered by the North Carolina Cooperative Extension Agricultural Foundation, provide
resources to fund initiatives that benefit Cooperative Extension Service Programs.
Over the ne xt year , we encourage you to document the progress of this project carefully. By May 29, 2020 , you will
be required to return the attached Innovation Grants Report Form. Please use this document to track your progress
and return to Jamie Sablotny by email at jamie_sablotny@ncsu .edu or by physical mail at the following address :
CALS Advancement Office
Campus Box 7645
Raleigh, NC 27695-7645
Please also copy Tom Mease at temease@ncsu .edu into all email communications regarding this award.
Funds will be av ail abl e effect ive Ju ly 1, 2019 . Allocated funds can be tran sfe r red in the method most appropriate to
your proj ect.
A. Funds ca n be transferred to a county extension enhancement fund , if available ;
B. The full amount can be dispersed , in full, directly to the county for use;
C . An invoice can be submitted through ServiceNow.
We com m end you for the outstanding work that you are doing in Harnett County . W e sin cerel y appreciate all that yo u
do to support the mission of NC State University and NC State Exte nsion . If you have questions, please do not
hesitate to reach out to the GALS Advancement Office at (919 ) 515-2000.
Congratu lation s,
Sterling Frierson
Seni o r Director of Development
Offi c e of College Advancement
NC State University is committed to positive action to secure equal o pportun ity and prohibit discrimination and harassment regardless of race . color. n ational origin ,
r eligi on, political beli!'!fs . fami ly and marital statu s, sex. age, veteran sta tus . sexual identit y, sexual ori entation, g enetic information, or disabi lity.
081919a HCBOC Page 40
2019 Gore Innovation Grant
Reporting Form
Brian Parrish -Harnett County
$16,250 -Pea Sheller
All grant recipients must provide a final report to CALS Advancement, complete with success stories and
pictures . Failure to provide report in a timely fashion , will jeopardize the applicant's ability to apply for future
awards.
Funds are subject to review and return . If funds are not used within one year, grant recipients may request
for continuation of support for their project via the report form.
Please send completed report forms to CALS Advancement by May 29, 2020.
CALS Advancement
Attn : Jamie Sablotny
Campus Box 7645
Raleigh, NC 27695-7645
Today's Date: Applicant Name: ----------
Name of Organization:
Address :
Purpose of Grant:
Person Completing Reporting Form:
Email Address: Telephone Number: --------------
Group Level: o Club o County o Dis trict o State o Other: ____ _
***Please submit your report in the form of a Word Document not exceeding 1 page, 12 pt. Arial Font. •••
NARRATIVE
A brief description of the original goals and objectives set for the organization during the grant period.
What were you able to achieve as a result of this grant?
What internal and external factors have contributed to or impeded the success of this grant?
Are there any important changes or information about your organization you want to share with the Foundation?
Did you spend the money as outlined in the grant proposal?
Are there any grant funds remaining?
I have completed this information to the best of my ability. The information provided on this form, and all
subsequent materials, is true and correct to the best of my knowledge.
Signature:--------------------------------
Questions? Contact CALS Adv ancem ent at 919-515-2000
081919a HCBOC Page 41
NC STATE EXTENSION
2019 NC State Extension Innovation Grants Application
Applications will be e valu ated according to th e criteria outlined on th e Evaluation Sheet I Criteria f or Eligibility f orm. All grant
recipients mu st provide a final rep ort, comple te with s uccess s tories and ph otos, using th e appropriate gran t category r ep ori form.
2019 Gore Innovative Grants
New Programs / Initiatives (creation -3 years)
Name(s) and titles(s) of applicant(s):
Brian Parrish-Extension Agent, Agriculture-Field Crops and Livestock
Selena McKoy-Extension Agent, Commercial and Consumer Horticulture
Tim Mathews-County Extension Director
Project description (including how the project falls within Department I NC State Extension
program priorities):
NC State Extension faculty and staff work throughout the spectrum of innovation to deliver
research-based solutions to local issues. NC State Extension works to do the following; identify
local needs and challenges, collaborate with specialists to find potential answers, transfer
research based knowledge to North Carolinians, translate knowledge into practical applications,
improve th e economy, and enhance citizen's quality of life. NC State Extension connects farmers,
agribusiness, and communities with vital research bas ed information and technology.
Harnett County Southern Pea Project
The Harnett County office of North Carolina Cooperative Extension Service wi ll purchase a pea
sheller and mount the sheller on a trailer to be used at multiple farm s in 2020. The equipment
will provide an opportunity for former and cun-ent tobacco farmers to try a new crop and explore
value added opportunities.
Purpose: The purpose of the Harnett Southern Pea project is to make it easier and more cost
efficient for current and former Harnett tobacco farmers to try growing a new crop (Southern
Peas).
Issues the Project Will Address: This project will address several problems that NC farmers are
facing. The continual down turn of the NC tobacco industry combined with the extremely low
commodity prices received for farm goods (corn, cotton, wheat , soybeans, barley, oats, peanuts,
tobacco, and sweet potatoes) has reall y hurt NC farmers over the last few year s. North Caro lina
farmers need new profitable crops to grow. Southern Peas are a niche crop that can be profitable
and are in high demand. The main reason that fresh market southern peas have not been grown
081919a HCBOC Page 42
on a larger scale in our area is because of the hand labor required to harvest them. Due to the
large cutbacks in tobacco contract acreage in 2019, many farms are now looking for profitable
ways to keep their farm labor busy prior to sweet potato harvest. Southern Peas is a crop that can
help fill that void. Southern peas is a high value cash crop that may have the potential to help
many NC farmers further diversify their farming operations and improve profits .. By helping
farmers further develop fresh and fresh frozen southern pea markets, this project will help
alleviate unemployment in the tobacco related sector.
Other Pertinent Information: Southern peas are fairly easy to grow and do not require a lot of
water due to the plants drought tolerant characteristics . Southern peas can produce well in low
fertility, sandier textured soils found throughout Harnett County. As a bonus, they are a legume
and fix nitrogen. Because of their ability to add nitrogen to the soil, southern peas make an
excellent rotation crop providing fertility for other subsequent crops. Nutritionally, southern peas
are a good source of protein and one of the best sources of dietary fiber available. They are also
very high in folate, a form of B vitamin that is important in the prevention of anemia, cancer, and
birth defects. In fact orange juice, which is often advertised as a good source of folate, has only
about IO percent of the amount of fol ate in a serving of southern peas.
Successful Pea Farm Examples in other states: One southern pea farm in Texas produces peas on
2 ,000 acres. This one farm shipped one million pounds of peas to fresh and fresh-frozen markets
in Texas, Oklahoma, Arkansas, and Louisiana in 2016. If one southern pea farm in Texas can
grow and market 2,000 acres of fresh or fresh frozen southern peas per year, then , it should be
possible for a group of experienced farmers in Hamett County NC to be successful.
https ://www.findfarmcredit.com/landscapes-articles/fresh-from-the-farm/
https ://www.nytimes.com6/2015/12/30/d in ing /black-eyed-peas-cowpea-field-peas. htm I
Beneficiaries: Current and Former Harnett County tobacco producers will be the primary
beneficiaries of this project. This project will also benefit local restaurants, grocery stores, and
farmers markets. NC consumers will ultimately benefit from a better tasting, healthier, local food
alternative.
Age of Project: New Project for 2020
Major objectives (including partnership descriptions and definitions):
Major Objectives: The goal of the Harnett Southern Pea Project is to make it easier and more
cost efficient for Harnett tobacco farmers to grow and market a new crop. The mobile pea
shelling equipment and trailer will be used by multiple farms in 2020. The use of the equipment
will help each participating farmer develop their pea market. The pea shelling equipment will
081919a HCBOC Page 43
also al low participating farms a period of time to build cash reserves for the purchase of their
own pea shelling equipment in the future.
Farmer Partners:
James Bryan Dunn and Bryce Dunn
215 Neighbors Road
Dunn NC 28334
(The Dunn family has experience growing peas!)
919-820-11198
David L. Godwin dba Godwin Produce Company Inc.
P.O. Box 163
Dunn NC 28335
(Mr. Godwin has experience growing peas!)
919-894-6964
Mr. David Godwin has also been very active in leadership roles supporting North Carolina's
agriculture industry.
*Past President (4 years) and member of the Board of Directors (18 years) of the North Carolina
Sweet Potato Commission, Inc.
*Current Chairman of the Research Committee for the North Carolina Sweet Potato
Commission, Inc.
*Past Secretary-Treasurer ( 6 years) and member of the Board of Directors (8 years) of the North
Carolina Sweet Potato Marketing Co-Op.
*Past President (7 years) and member of the Board of Directors (12 years) of the North
Carolina Sweet Potato Seed Growers Association.
*Member of the Board of Directors (3 years) of North Carolina State University 's College of
Agriculture and Life Sciences Research Foundation.
*Founding member of the North Carolina Sweet Potato Commission Campaign for Excellence
Steering Committee.
*Founder of the Covington Endowment for Sweet Potato Research and Extension at North
Carolina State University.
Advisory Board Members:
Dr. Chris Gunter
NCSU Extension Vegetable Specialist
Campus Box 7609
NC State University
Raleigh NC 27695-7609
919-513-2807
081919a HCBOC Page 44
Alan Thornton
Area Specialized Agent Agriculture-Commercial Vegetables and Fruits
55 Agriculture Pl
Clinton NC 28328
910-592-7161
Dr. Bill Aimutis
Director-North Carolina Food Innovation Lab
NC Research Campus
600 Laureate Way
Kannapolis NC 28081
704-250-5491
Strategies for implementation and marketing (including proposed or potential impacts):
North Carolina has a very strong traditional local market for southern peas and currently supply
does not meet demand.
The Harnett County office of the North Carolina Cooperative Extension Service will host a
Southern Pea Production Training for farmers in both 2020 and 2021. This will include farm
visits to the demonstration farms. The pea shelling equipment will also be demonstrated at these
trainings. Interested farmers will have the chance to meet and interact with existing pea
producers to learn about crop management and marketing.
Harnett County 4-H youth along with the help of Hamett County FCS agent will visit these
farms as part of the Harnett County 4-H Farm to Fork Summer Program. 4-H youth will first
visit the farms and see how food is grown and then they will travel back to the extension kitchen
to learn how to cook fresh farm produce.
Potential Impacts: This project will help former Harnett County tobacco farmers ease into
the production and marketing of a new crop. Over a six year period southern pea
production will increase in Hamett County from the eight acres reported by the Farm
Service Agency in 2018 to more than 200 acres in 2026. One of the initial growers who
will be participating in this project is already GAP certified to blanch and freeze the peas.
This value added process will allow for pea sales year around. There is also a strong
possibility that a grower cooperative can be formed to include growers from surrounding
counties. Hamett County has farmers that need this equipment in order to try this new
crop. Hamett County Extension already has experienced growers that are willing to
participate in this project.
Potential Year One 2020 Impacts
75 acres x 100 bushels of peas per acre x a minimum of $25 per bushel for shelled peas =
$187,000 in gross sales.
081919a HCBOC Page 45
Proposed total cost of project:
Thompson Industries Two Bushel Pea Sheller (Stainless Steel)
Thompson Industries Small Throat Pea Cleaner (Stainless Steel)
Trash Conveyor and Extra Screen Set
5' x 12 ' Trailer
Welding, Fabrication Attaching Sheller to Trailer
Primary Contact for Grant Application: Brian Parrish
County: Harnett
Email address: brian_parrish@ncsu.edu
Phone#: 919-692-5845
Mailing address:
NC State Extension
Harnett County Center
126 Alexander Drive Suite 300
Lillington NC 27546
$16,250
$8 ,000
$3 ,000
$2,500
$1,500
$1 ,250
FOR CALS Advancement Use Only
Date received:
NC STATE EXTENSION
Evaluation Sheet / Criteria for Eligibility
Applications will be assessed based on the information provided in the grant application. Grantees
will be selected in accordance with the criteria stated on the innovative grants introductory page
and evaluated on a merit scale of 1-5 (with 5 being outstanding).
(1 -5)
(1 -5)
* Project Description
Proposal falls within appropriate project I initiative age category and
within the Department I NC Stale Extension program priorities.
* Objectives
Proposal provides alignment with, and support for , objectives and
identifies partnerships.
081919a HCBOC Page 46
(1-5)
(1 -5)
* Implementation and marketing strategies
Propo sal prov ides concise strategies for implementation , defines
approach for marketing the project, and provides potential impacts.
* Partnership
Proposal defines partnership with community groups (i.e., local schools,
civic organizations, county, district, regional, state partners, etc.).
* Total Score ( I -20 points)
Evaluator's comments
Evaluator's Signature---------------------------
FOR CALS Advancement Use Only
Date received:
081919a HCBOC Page 47
AGENDA ITEM 6
August 19, 2019 APPOINTMENTS NEEDED
ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE
Robin Dawn America would like to be appointed to serve. (application attached)
There are (6) vacancies on this committee.
BOARD OF HEAL TH
There is (1) vacancy for an engineer position on this board.
Dangerous Dog Committee
Janet Batker would like to be rea ~ointed to serve on this board.
HARNETT COUNTY BOARD OF ADJUSTMENT
There are vacancies for alternate members representing District 3, 4 , and 5 on this Board.
HARNETT COUNTY DISTRICT H TOURISM AUTHORITY
The Authority membership would like to recommend Ken Adelberg be ap._Pointed Chair.
HARNETT COUNTY REGIONAL JETPORT
There is one vacancy for a Hamett County Economic Development Council member.
HISTORIC PROPERTIES COMMISSION
There is (1) vacancy for District 3 and (1) vacancy for an alternate on this committee.
HOME AND COMMUNITY CARE BLOCK GRANT COMMITTEE
There is 1 vacancy on this committee.
JURY COMMISSION
Edith Cox would like to be reappointed to serve.
NURSING HOME COMMUNITY ADVISORY COMMITTEE
There are (3) vacancies on this committee.
NONPROFIT FUNDING COMMITTEE
Boris Garrett would like to be reappointed to serve as District 3 r resentative.
There is (1) vacancy for a District 4 representative on this committee.
081919a HCBOC Page 48
SOUTHEASTERN ECONOMIC DEVELOPMENT COMMISSION
There is one vacancy to serve on this board.
081919a HCBOC Page 49
Shannon Eason
From:
Sent:
To:
Subject:
Board:
Voting
District:
Name:
Address:
City:
Zip Code:
Telephone:
Email:
Years of
Formal
Education:
Civic and
fraternal
organizations:
Why you
would like to
serve:
Harnett Website
Wednesday, July 31, 2019 11:28 AM
Shannon Eason
Application to Serve on a Board
Harnett
~I
Web Site !!lguirr_ Recei{!_t COUNTY
Adult Care Home Community Advisory Committee
District 1
Robin Dawn America
Spring Lake
28390
12/ Real Estate Lie. , Property and Casuilty Ins
Im a memember of Longleaf Pine REALTORS , Hamett County Elderly Nutrition Program
I was a young mother who had to take care of my grandparents and mother . My
grandparents where in nursing homes that I believed tried their best. Truth be told they were
under staffed and some just didnt care. There were others that sincerely did care and for that
im so very thankful. I always said ifl could own an operate a Nursing Home I would. My
grandfather fought me going into a home because of what he seen my grandmother go
through. He seen her wet ,dirty,and hungrey ,sores and didnt want that to happen to himself
He caried the guilt that he felt he counldnt give her the care she needed at home. So when
my mother knew it time for her to go in a home she decided she would rather die at home.
Her fear of being neglected and pride she decided she would stay at home andshe did pass
away home .. I have always enjoyed going to the rest homes to vist with my church and
family. I currentley help delivering meals in Erwin and Anderson Creek for the elderly.
Through the years I have seen the pros and cons of reat homes and nursing homes It would
be an honor to learn and help out in any way.that I can My heart has always been to take
care of children and the elderly in our communty. Im an average person who truely cares
about our elders and wants to make life easier for them .. Thank you for you time. Have a
wonderful day.
1 081919a HCBOC Page 50
Electronic Robin Dawn America Signature:
Agreement: I understand that checking this box constitutes a legal signature confinning that I
acknowledge and agree to the above Terms of Acceptance.
2 081919a HCBOC Page 51
Agenda Item-~~----.:
2019
Boards and Committees on which Commissioners Serve
Chairman C. Gordon Springle
CCCC Board of Trustees
Home & Community Care Block Grant Committee
Mid-Carolina Council of Governments Board of Directors
Social Services Board
Southeastern Economic Development Commission
Transportation Advisory Board
EMS System Plan -Peer Review Quality Management Committee
Harnett Properties Corporation
Vice Chairman Howard Penny
Harnett Properties Corporation
Extension Advisory Leadership Council
Mid-Carolina Rural Planning Organization for Transportation
Fayetteville Area Metropolitan Planning Organization (F AMPO)
Capital Area Metropolitan Planning Organization (CAMPO)
Parks and Recreation Advisory Committee
Sandhills Center for Mental Health DDSHS
Commissioner Mark B. Johnson
Mid-Carolina Aging Advisory Committee
Economic Development Council
Averasboro Township Tourism Development Authority
Cape Fear River Assembly Board
Commissioner Barbara McKoy
Board of Health
Economic Development Council
Johnston-Lee-Harnett Community Action Board of Directors
Juvenile Crime Prevention Council
Library Board
Nonprofit Committee
Commissioner Joe Miller
Good Hope Board
Sandhhills YMCA Board
August 2019
081919a HCBOC Page 52
Bylaws of
The Nonprofit Funding Committee
ARTICLE I
Name
Section I . Name -the name of this committee shall be The Nonprofit Funding Committee,
herein referred to as "Committee".
ARTICLE II
Purpose and Powers
Section J • Purpose -the Harnett County Board of Commissioners (herein referred to as "the
Board") have created this Committee which shall ensure an accountable and consistent process
for applying, reviewing, and approving the financial requests of nonprofits within the County of
Harnett. In addition, the Committee will enable nonprofits within the County of Harnett to
further the mission of the County, improving quality of life for all citizens.
Section 2. Powers -This Committee shall have the power to approve or deny requests for
funding. This approval/denial of funding will be a result of the nonprofit successfully completing
the application process, along with providing all information necessary that is asked on the
application.
Committee members will review each individual request and discuss the amount of funding the
County is willing to provide. The Committee will then provide recommendations to the County
Manager, and in turn, the County Manager will provide the Committee's recommendations to the
Board. Ultimately, the Board, while considering the Committee's findings, have the final
decision about funding.
ARTICLE III
Members
Section 1. Members -Members of this Committee will consist of five ( 5) volunteers
appointed by the Board. In addition to the five Board-appointed members, the Committee will
also consist of two (2) County Commissioners, and County staff as selected by the Board.
Each Commissioner will select one (1) of the five Board-appointed members . Commissioners
will choose a member who live in their respective districts .
Section 2. Terms -Each committee member shall serve a three-year term and may not serve
more than two consecutive terms of office. Each committee member's term of office shall begin
upon the adjournment of the board meeting at which appointed and shall end upon the
adjournment of the board meeting during which a successor is appointed . Terms of members
should be staggered to ensure continuity.
Page 1 of 5
081919a HCBOC Page 53
Board Meeting
Agenda Item
Agenda Item _ ___..g __ _
MEETING DA TE: August 19, 2019
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Proposed Rezoning: Case# PLAN 1905-0002
REQUESTED BY: Development Services/ Mark Locklear
REQUEST:
Landowner/ Applicant: Harriet Marshall & Vivian Clark Chance, et al / Erwin McNeill,
Harold Gilchrist, The Smith Heirs, etc.; 12.31 acre tract; Pin# 9594-25-5026; From
Commercial to RA-20R; NC Hwy 24/87; Anderson Creek Township.
Development Services staff reommends this rezoning request be APPROVED.
The requested rezoning to RA-20R would not have an unreasonable impact on the
surrounding community due to compatibility with Hamett County Land Use Plan.
On August 5th, the Hamett County Planning Board unanimously (5-0) denied this request
based on the need for non-residential land and the idea that the owners will continue to
attempt to sell this parcel for Commercial development. The Planning Board also discussed
the similarities as with a recent non-residential rezoning case from earlier this year.
Per the application , the Commercial property tax has become a burden to the owners.
However the Planning Board didn 't feel that the tax rate was enough justification to rezone.
(approximately $2,677 Commercial vs $450 Residential)
No one spoke in opposition.
FINANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION:
C: \Use rs\gwheeler\AppData\Local\M icrosoft\ Windo ws\lNetC ache\C ontent. Outloo k\OZ M K66X9\CC _Marsha l I. C hance
ag end a form_S.1 9.19.docx Page l o f 2 081919a HCBOC Page 54
REZONING STAFF REPORT
Case: PLAN1905 -0002
Jay Sikes, Mgr of Planning Servi ces
jsikes@harnett.org
Phone: (910) 893-7525 Fax : (910) 814-8278
Planning Board: August 5, 2019 County Commissioners : _A_u_g_u_st_1_9~, _2_0_1_9 __ _
Requesting a Rezoning from Commercial to RA-20R
Applicant Information
Owner of Record:
Name : Harriet Marshall, & Vivian Clark Chance,
Et al
Address : Hwy NC 24/ 87
City/State/Zip : Cameron NC ___ _._ _______ _
Property Description
PIN(s): 9594-25-5026
Address/SR No.:
Township :
[8] (01) Anderson Creek
D (02) Averasboro
D (03) Barbecue
D (04) Black River
Pag e 1 of 5
Hw 24 -87
D (05) Buckhorn
D (06) Duke
D (07) Grove
D (08) Hectors Cree k
Applicant:
Name : Vivian Chance, Erwin McNeil, Harold
Gilchrist, Thelene Smith, Sharon Clark,
Rita Clark, Doris Clark, & heirs
Address : 6 Longleaf Cr
City/State/Zip: Cameron, NC 28326
Acreage :
D (09) Johnsonville
D (10) Lillington
D (11) Neill's Creek
12.3
D ( 12) Stewart's Creek
D (13) Upper Little River
acres
STAFF REPORT
081919a HCBOC Page 55
Physical Characteristics
Site Description: This parcel is currently
wooded . It was zoned to Commercial February
15, 2016 .
Surrounding Land Uses : Surrounding land uses
include single family residential homes &
residential subdivisions, undeveloped and
Federally owned land. A variety of commercial
development is within close prox imity as well
as.
Services Available (Utilities may have to be upgraded and /or extended to complete services at this s ite)
Water: Sewer : Transportation : Hwy 24-87
[8] Publi c (Harnett County) [8] Public (Harnett County) Corridor D Private (Well) D Private (Septic Tank) Annual Daily Traffic Count :
D . . D . 3 4 ,000 trips per day
Other: Unvenf1ed Othe r : unverified Site Distances : Good
Zoning District Compatibility The following is a summary list of g e n eral uses,
for act ual ermitted u ses refer t o the Z o n in Ordinan ce.
Pa rks & Re c
Natura l Preserves
Bona Fide Farms
Sinale Familv
Manufactured Homes,
Desian Reaulat ed
Ma nufactured Homes
Mult i-Familv
I ns titutiona I
Comme r cia l Se r vi ces
Reta il
Wh ol esa le
Indust ri a l
Ma nufactu r ing
Page 2 of 5
CURRENT
COMM
X
X
X
X
X
X
REQ UESTED
RA-20R
X
X
X
X
X
X
STAFF REPORT
081919a HCBOC Page 56
Land Use Classification Com
Site Photographs
Subject Property
Page 3 of 5
Parks & Rec
Natural Preserves
Bona Fide Farms
Single Family
Manufactured Homes,
Design Regulated
Manufactured Homes
Multi-Family
Institutional
Commercial Service
Retail
Wholesale
Industrial
Manufacturing
REQUESTED
ZONING
RA-20R
X
X
X
X
X
X
LAND USE
CMU
X
X
X
X
X
X
X
X
Subject Property
STAFF REPORT
081919a HCBOC Page 57
Hwy 87 views Hwy 87 views
Additional Information
RLUAC review: As required for all zoning changes, within a five mile radius of Fort Bragg, RLUAC (Regional
Land Use Advisory Commission) was contacted for review . Their comments are below:
"Although the parcel is neither identified as Critically Important nor Important to conserve on the
JLUS maps, it is contained within a military aircraft "airfield imagery area and 'natural heritage
macro-site' area.
This parcel falls within a mile of 5+ active red-cockaded woodpecker clusters. Due to the proximity
of known red-cockaded woodpecker clusters, I would encourage the petitioner to have this property
surveyed by personnel experienced in management and monitoring of the species prior to the
removal of any mature pine trees. The results of this survey should be sent to the USFWS office
located in Southern pines, NC for review."
On August 5th, the Harnett County Planning Board vote to unanimously (5-0) deny this request based on
the need for non-residential land and the idea that the owners will continue to sell this parcel for
Commercial development. The Planning Board also discussed the similarities as with a recent non-
residential re zoning case from earlier this year.
Further, as stated within the application, the Commercial property tax has become a burden to the
owners. However the Planning Board didn't feel that the tax rate was enough justification to rezone.
(approximately $2,677 Commercial vs $450 Residential)
Evaluation
[8J Yes D No The IMPACT to the adjacent property owners and the surrounding community is
reasonable, and the benefits of the rezoning outweigh any potential inconvenience or
harm to the community.
REASONING: The requested zoning change will not have a negative impact on the
surrounding properties since RA-20R zoning district is adjacent.
[8J Yes D No The requested zoning district is COMPATIBLE with the existing Land Use Classification.
Page 4 of 5
REASONING: The requested zoning district, as well as the existing zoning district, is
compatible with the area's Land Use classification of Compact Mixed Use. The
Compact Mixed Use activity centers are "growing areas of the county". They encourage
a different combination of uses such as commercial, civic, institutional, as well as single
family and multi-family developments.
STAFF REPORT
081919a HCBOC Page 58
~ Yes D No
D Yes ~ No
The proposal does ENHANCE or maintain the public health, safety and general welfare.
REASONING: Although the existing Commercial district is comparable with the Highway
87 Corridor Overlay and other land use tools, the proposed zoning would maintain the
public health and general welfare as adjacent uses and zoning are alike .
The request is for a SMALL SCALE REZONING and should be evaluated for
reasonableness
REASONING: This request does not need to be evaluated for a small scale rezoning due
to the property's size.
Suggested Statement-of-Consistency (Staff concludes that...)
As stated in the evaluation, the requested rezoning to RA-20R would not ha ve an unreasonable impact on
the surrounding community due to the compatibility with Harnett County Land Use Plan . Therefore, it is
recommended that this rezoning request be APPROVED .
Attachments
~ Rezoning Application
~ Justification Statement
Page 5 of 5 STAFF REPORT
081919a HCBOC Page 59
APPLICATION FOR ZONING CHANGE
.. ~·' ..,. V
Deed Book: J 0-3aJf
Plat Book: _.2Qit, --
Planning Department
108 E. Front Street
P.O. Box 65, Lillington, NC 27546
Phone: {910) 893-7525 Fax: (910) 893-2793
Existing Zoning:
D Conservation
0 RA-20M
Requested Zoning:
D (07) Grove
0 RA-20R
0 RA-30
0 RA-40
~ Commercial
D Light fndustna l
D Industrial
D Office & Inst'I
Attachments
D Conservation
0 RA-20M
(29. RA-20R
0 RA-30
0 RA-40
D Commercial
0 Light Industrial
0 Industrial
D Office & Inst'I
D (08) Hectors Creek
D (09) Johnsonville
D (10) Lillington
D (11) Neill's Creek
D (12) Stewart's Creek
0 (13) Upper Little River
• Written description of property from recorded deed
• Recorded map of property at scale of not less than one ( 1) inch = 200 feet
• Explanation of why the zoning change is requested, addressing applicable portions of Article XIV of
the Zoning Ordinance
Signatures
The undersigned applicant hereby certifies that, to the hest of his or her knowledge and belief, all
information supplied with this application is true and accurate:
Property Owner Signature
Page 1 of 2
Date Authorized Agent Signature Date
APPLICATION FOR ZONING CHANGE
081919a HCBOC Page 60
ADDENDUM TO
APPLICATION FOR
ZONING CHANGE
Signatures
The undersigned applicant hereby certifies that, to the best of his or her know l edge
and belief, all information supplied with this application is true and accurate:
2) ERWIN MCNEILL
c;--J2-iC,
Date
3) HAROLD GILCHRIST
~ ~-'.)_'2.-/'f
roperty()wner Signature Date
Gu:_:~
Property Owner Signature
a::LA~
7 Property Owner Signature
.)-: /f, ;)o I 9
Date
6) RITA C LARK
5,\<l.\~
Date
7) DORIS CLARK
~~5-lts-\q
Property Owner Signature Date
081919a HCBOC Page 61
Requirements for Consideration
Th e Planning Board shall co nsider and make recommendations to the County Board of Commissioners
concerning each proposed zoning district. The following policy guidelines shall be followed by the Planning
Board concerning zoning districts and no proposed zoning district will receive favorable recommendation
unless:
2.1 The proposal will place all property similarly situated in the area in the same category, or in
appropriate complementary categories .
2.2 There is convincing demonstration that all uses permitted under the proposed district classification
would be in the general public i nterest and not merely in the interest of the individual or small
group.
2.3 There is convincing demonstration tha t all uses permitted under the proposed district classificatio n
would be appropriate in the area included in the proposed change . (When a new district
designation is assigned, any use permitted in the district is allowable, so long as it meets district
requirements, and not merely uses which applicants state they intend to make of the property
involved.)
2.4 There is convincing demonstration that the character of the neighborhood will not be materially and
adversely affected by any use permitted in the proposed change.
2.5 The proposed change 1s in accordance with the comprehensive plan and sound planning practices .
Page 2 of 2 APPLICATION FOR ZONING CHANGE
081919a HCBOC Page 62
APPUCATfON FOR ZONING CHANGE
i\ TT A CHM ENT
EXPJ ANATION OF WHY THE ZONING CHANGE 15 REQUESTED
PI N(!,;): 9594-25-5026
The owners of this property have listed for sale, the aforementioned 12.31 acres on
Highway 24/87, also known as PIN #9594-25-5026, since 2016.
Payments of our property taxes are up-to-date.
We desire that this tract, currently zoned commercial, be reverted back to RA-20R, so
as to lessen the burden of commercial property taxes for the owner.
We intend to sale this property, located in the Highway 87 Corridor Overlay, to a
developer(s) who will develop commercially consistent with the Land Use Classification of
Compact Mixed Use ("Grow Harnett County: Comprehensive Growth Plan 2015" and "L;:ind
Use "Goal LU-6").
We have other properties that are also in the vicinity of the Cameron (Spout Springs)
Wal mart Supercenter, located at 2800 NC Highway 24-87. We look forward vvith great
anticipation, the development of future infrastructure such as natural gas, fiber optic
Internet and additional water /sewer capacity along the Corridor, thereby expediting
substantial economic development. This will improve the marketability of all property
along Highway 87, increase potential commercial property taxes and attract newer
businesses, many of which provide goods and services currently not available l o residents
within the County's borders.
Applicant: Vivian Clark Chance, Erwin McNeill, Harold Gilchrist, Thelene
Smith, Sharon Clark, Rita Clark, Doris Clark and heirs
081919a HCBOC Page 63
Register of Deeds Public Access
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Instrument #: 9d00815
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Document Date:
Date Flle<l :01121/1994 120000AM
Document lype: DEED-PRE
Book: 1035
Page:613
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081919a HCBOC Page 67
v----· Harnett
CO UNTY Register of Deeds Public Access
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Get• free, Copy Other Qi>non, ,~ c_ 201&0 11441
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Legal Description Related Oocu ments
Document Detail
In strument #:201601144i
Multi Seq:O
Document D ate·
Date Filed :08/12/2016 12 22 4i PM
Document Type:MAP
Book:2016
Page:229
Remarks:
# Pages in Image: 1
lm:ige . .2)
Grantor
MARSHA LL HARRIET
CHANCE VIVIAN CLAR,<
Vl"1AN CLARK CHAN:E t.
OTHERS
OiANCE \.lVIAN
Grantee
1 -
1 1 MAP
I
Returnee
Name: rtELVl N GRArlAM CIIMEF<O'I N-C
Address:
Cot y. State, Zip :
2016011447
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081919a HCBOC Page 69
Attachment 3:
Recorded map of properly at scale of not less than one(l) inch = 200 feel
PIN(s): 9594-25-5026
NC Hwy 24/27
Yellow highlighted area is petitioned for zoning change
081919a HCBOC Page 70
Board Meeting
Agenda Item
Agenda Ite_m _____ g.____-'
MEETING DATE: August 19, 2019
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Proposed Rezoning: Case# PLAN 1906-0003
REQUESTED BY: Development Services/ Mark Locklear
REQUEST:
Landowner/ Applicant: Christine G. Williams/ Christine G. Williams; 3.32 acres; Pin# 0568-
03-9311.000; From RA-20R & Industrial to RA-20R & Commercial; US 401 South;
Lillington Township.
Development Services staff reommends this rezoning request be APPROVED.
The requested rezoning to RA-20R & Commercial would not have an unreasonable impact
on the surrounding community due to nature of similar uses in the area, as well as
compatibility with Hamett County Land Use Plan.
On August 51
\ the Hamett County Planning Board voted 5-0 to recommend approval of this
of the application based on the parcel's history of uses.
One citizen voiced concerns about traffic & noise.
FINANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION:
C :\Users\gwh ee ler\AppData\Local\M icrosoft\ Windows\! NetCache\Content.Outlook\OZM K66X9\CC _Williams agenda
fonn_8 . I 9 . I 9.docx Page I of I 081919a HCBOC Page 71
r::,. \ Harnett
~(,COUNTY
)_ NORlH (AROl!NA
REZONING STAFF REPORT
Case : PLAN1906-0003
Jay Sikes, Mgr. of Planning Services
isi kes@harnett .org
Phone : (910) 893-7525 Fax: (910) 814-8278
Planning Board : August 5, 2019 County Commissioners: August 19, 2019
Requesting a Rezoning from RA-20R & Industrial to Commercial & RA-20R
Applicant Information
Owner of Record: Applicant:
Name : Christine G. Williams Name : Christine G. Williams
Address: 184 Rodeo Ln Address : 184 Rodeo Ln
City/State/Zip : Lillington, NC 27546 City/State/Zip: Lillington, NC 27546
Property Description
PIN(s): 0568-03-9311 Acreage : _3_._32 ___ _
Address/SR No.: _3_5_4_5_U_S_40_1_S ________________________ _
Township :
D (01) Anderson Creek
D (02) Averasboro
D (03) Barbecue
D (04) Black River
Page 1 of 5
D (05) Buckhorn
D (06) Duke
D (07) Grove
D (08) Hectors Creek
D (09) Johnsonville
~ (10) Lillington
D (11) Neill's Creek
D (12) Stewart's Creek
D (1 3) Upper Littl e River
STAFF RE PORT
081919a HCBOC Page 72
Surrounding Land Uses: Area land uses consist of individual single-fami ly residences and several
nonresidential/ Industrial uses. Located in the general vicinity are approximately 1,363 acres of Industrial
on 22 lots. 50 acres are occupied by the Champion Home manufacturing facility.
Services Available
Water:
r8'.]Public {Harnett County)
0Private (Well)
D other: Unverified
Page 2 of 5
Sewer:
r8J Public (Harnett County)
D Private (Septic Tank)
D other: unverified
Transportation:
Annual Daily Traffi c Count:
rv 7,400 on Hwy 401
Site Distances : good
STAFF REPORT
081919a HCBOC Page 73
Zonin District Com
Parks & Rec
Natural Preserves
Bona Fide Farms
Sin le Famil
Manufactured Homes,
Design Regulated
Manufactured Homes
Multi-Famil
I nstitutiona I
Commercial Services
Retail
Wholesale
Industrial
Manufacturing
Land Use Classification Com
Parks & Rec
Natural Preserves
Bona Fide Farms
Si nale Familv
Manufactured Homes,
Desian Reoulated
Manufactured Homes
Multi-Family
I nstitutiona I
Commercial Service
Retail
Wholesale
Industrial
Manufacturino
Page 3 of 5
CURRENT
RA -20R &
Industrial
X
X
X
X
X
X
X
ZONING
Industrial
X
X
X
X
X
X
X
X
REQUESTED
Commercial
& RA-20R
X
X
X
X
X
X
LAND USE
Ag & Rural
Res
X
X
X
X
X
X
X
X
X
STAFF REPORT
081919a HCBOC Page 74
Site Photographs
Site to go from RA-20R to Commercial Site to go from Industrial to RA-20R
Property across Hwy 401 Property across Hwy 401 & northbound view
Page 4 of 5 STAFF REPORT
081919a HCBOC Page 75
Additional Information
On August 5t h, the Harnett County Planning Board voted unanimously (5-0) to recommend approval of
application based on the previous nonresidential uses on this site .
One citizen spoke with concerns about traffic and noise.
Evaluation D Yes [8J No The IMPACT to the adjacent property owners and the surrounding community is
reasonable, and the benefits of the rezoning outweigh any potential inconvenience or
harm to the community .
REASONING: The impact to the surrounding community is reasonable, as there are
several comparable uses and zoned parcels in this area.
[8J Yes D No The requested zoning district is COMPATIBLE with the existing Land Use Classification.
REASONING: The requested zoning district of RA-20R is compatible with the existing
land use classification of Agriculture & Rural Residential. The proposed Commercial is
compatible due to the area's similar uses as well as the public infrastructure
availability .
The definition of Ag & Rural Residential refers to areas that "lack of utility and
transportation infrastructure." Public water & sewer is available and the site has over
direct access to US 401. A Land Use map amendment would be appropriate to facilitate
future economic development endeavors .
D Yes [8J No The proposal does ENHANCE or maintain the public health, safety and general welfare .
REASONING: The proposal does enhance or maintain the overall general welfare as the
requested zoning districts are compatible with the parcel's history of uses as well as
being compatible with adjacent uses in the area.
D Yes [8J No The request is for a SMALL SCALE REZONING and s hould be evaluated for
reasonableness.
REASONING: Due to the size of the tract this application does not have to be evaluated
for Small Scale Rezoning.
Suggested Statement-of-Consistency (Staff concludes that...)
As stated in the evaluation, the requested rezoning to RA-20R and Commercial is compatible
with Harnett County regulatory documents and would not have an unreasonable impact on the
surrounding community based on the parcel's history of uses as well as being compatible with
adjacent uses in the area . Therefore, it is recommended that this rezoning request be
Approved.
Additionally, staff recommends a future Land Use map amendment to include an Employment
Mixed Use node for this this area due to the presence of ex isting nonresidential uses and amount
of nonresidential zoned parcels.
Page 5 of 5 STAFF REPORT
081919a HCBOC Page 76
Harnett
C OUNTY
APPLICATION FOR ZONING CHANGE
Planning Department
108 E. Front Street
P.O. Box 65, Lillington, NC 27546
Phone: (910) 893-7525 Fa x: (910) 893-2793
Total Fee: --1i_a:..=:~--=O:__e,_c0 _______ _
Receipt: --=------~---=--------
Permit: Q\c r'.\ 1qoC.-c)003
Hearing Date: ~ . S' o,O let
Applicant Information
owner of Record:
Name : Christine G. Williams
Address: 184 Rodeo Drive
City/State/Zip: Lilli ngton NC 27546
E-mail:
Phone: 910 -890-4099
Fax :
Applicant:
Name: Same As Owner
Address :
City/State/Zip:
E-mail:
Phone :
Fax :
Property Description
PIN(s): 0568-03-9311 .000 Acreage : 3 .326 Acres
Address/SR No .: 3545 US 401 S Lillington, NC 27546
Directions from Lillington: Take US 401 South out of Lillington. Travel approximately 3 .5 miles.
is on the left approxi mately 830 feet south of Joel .Johnson Road
Deed Book :
Plat Book :
2587
2008
Existing Zoning :
D Conservation
0 RA-20M
IX] RA -20R
0 RA-30
0 RA-40
Page: 293336
Page: ___ _
Requested Zoning :
0 Conservation
0 RA-20M
IX] RA-20R
0 RA -30
0 RA-40
Township:
D (01) Anderson Creek
D (02) Averasboro
D (03) Barbecue
D (04) Black River
D (OS) Buckhorn
D (07) Grove
D {08) Hectors Creek
D {09) Johnsonville
IX! {10) Lillington
0 (11) Neill's Creek
Site
0 Commercial
D Light Industrial
IX] Industrial
IX] Commercial
0 Light Industrial
0 Industrial
D (06) Duke 0 ( 12) Stewart's Creek
0 (13) Upper Little River
0 Office & Inst'I 0 Office & Inst'I
Attachments
• Written description of property from recorded deed
• Recorded map of property at scale of not less than one (1) inch = 200 feet
• Explanation of why the zoning change is requested, addressing applicable portions of Article XIV of
the Zoning Ordinance
Signatures
The undersigned applicant hereby certifies that, to the hest of his or her knowledge and belief, all
information supplied with this application is true and accurate:
C'bo lt&too I ) w~ v
Property Owner Signafur" IC> Authorized Agent Signature Date
Page 1 of 2 APPLICATION FOR ZONING CHANGE
081919a HCBOC Page 77
-
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h~ ~ S'1~~0>
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081919a HCBOC Page 78
HARNETT COUNTY TAX 10# Jo . o~. 6Cf5lP
BY :tFfy:
1111111111111 2811N!!S3e
FOR REG1STftATlON REGISTEJt OF DEEDS
Kl~ltU S. HMGIIO~ HAIi T COUNTY NC
2011 R 18 03:03:39 Pl1
BK:2857 ~:336-338 FEE:S22 .00
NC REV STAlf:$306.e0
I~OOENl I 20111~
Tltb Deed Prepared by Reeinald B. Kelly, Attorney at Law, P.O. Box 1118, Lillington, NC
PIO#: 100568 0056
REVENUE ST AMPS: f3o<. .oo
STA TE OF NORTH CAROLINA
COUNTY OF HARNETT
WARRANTY
DEED
·I
This WARRANTY DEED is made the 13th day of April, 2011, by and between Lloyd
E. George, Tnutce of Tbe George Family Trus~ dated August 12, 2003, of 3623 Hwy 401
S, Lillington, NC 27546 (hereinafter referred to in the neuter singular as "the Grantor") and
Christine G. WilllelQ!a of 184 Rodeo Lane, Lillington. NC 27546 (hereinafter referred to in
the neuter singular as "the Grantee");
WJTNE SSETH:
THA'l' said Grantor, for valuable consideration. receipt of which is hereby
acknowledged, has given, granted, bargained, sold and conveyed, and by these presents does
hereby give, grant, bargain, sell and convey wito said Grantee, its heirs, successors,
administrato~ and assigns, all of that certain piece, parcel or tract of land situate, lying and
being in Lillington Township of said County and State, and more particularly described as
follows:
Lyiag and being on the east side of US 401 and beginning at a corner in the
eastern margin of US 401, a corner with Lloyd George and runs thence North 70
degree, 27 minutes 20 seeonds East 582.34 feet to an iron stake corner; thence
North 47 degrees 26 minutes 10 seconds West 530.12 feet to an iron stake corner;
thence South 71 degrees 00 minutes 00 seconds West 329.88 feet to an iron stake
cornet" in the eastern margin of US 401; thence as the eastern margin of US 401
South 19 degrees 00 minutes·OO seconds East 471.70 feet to the point of beginning
and containing 4.90 acres, more or less. See plat attached to Deed Book 747, Page
551, Harnett County Registry. Being the identical property described in Book
564, Page 38, Harnett County Registry.
081919a HCBOC Page 79
Less and Except:
All of Tract 2, containing 1.59 acres as shown on map recorded in Map
Number .2008-293, Harnett County Registry.
For further reference to chain of title see Book 2805, Page 679, Harnett County
Registry.
**The property herein described is not the primary residence of the Grantor,
(NCGS 105-317.2).
TO HA VE AND TO HOLD the above-described lands and premises, together with all
appurtenances thereunto belonging, or in anywise appertaining, unto the Grantee, its heirs,
successors, administrators and assigns forever, but subject always, however ,to the limitations
set out above.
AND the said Grantor covenants to and with said Grantee, its heirs, successors,
administrators and assigns that it is lawfully seized in fee simple of said lands and premises,
and has full right and power to convey the same to the Grantee in fee simple (but subject,
however, to the limitations set out above) and that said lands and premises are free from any
and all encwnbrances, except as set forth above, and that it will, and its heirs, successors,
administrators and assigns shall forever warrant and defend the title to the same lands and
premises, together with the appurtenances thereunto appertaining, unto the Grantee , its heirs,
successors, administrators and assigns against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal and does
adopt the printed word "SEAL" beside its name as its lawful seal .
C\~~e' (SEAL)
Lloyci.Gwrge,Trustee of The George Family
Trust, dated August 12, 2003
••••••••••••••••••••••••••••••••••••••••
STATE OF NC. _.;.. ______ _
COUNTY OF 1-\o.yn:<:ft:
I, a Notary Public of the County and State aforesaid, certify that Lloyd E . George, Trustee of
The George Family Trust, dated August 12, 2003, personally appeared before me this day and
acknowledged the due execution of the foregoing instrument.
Witness my hand and official seal, this IL/ day of 4'ci I , 2011.
(notariaa APRIL M. McLAMB
• NOTAAY PUBLIC
HARNETT cou~ N.C.
My Commisslo Expires 7Rt1, 1
~M.M~~b
~tary Public
My Commission Expires: ___ _
081919a HCBOC Page 80
(
KIMBERLY S. HARGROVE
REGISTER OF DEEDS, HARNElT
305 W CORNELIUS HARNETI BLVD
SUITE200
LILLINGTON, NC 27546 .......................................................................................................................
FAed For Regl•trltlon: 04/18/2011 03:03:31 PM
Book: Re 2857 Page: 336-338
Document No.: 2011005530
DEED 3 PGS $22.00
NC REAL ESTATE EXCISE TAX: $308.00
Recorder: TRUDI S WESTER
Stat. of North Caronna, County of Hamett
KIMBERi. Y S. HARGROVE , REGISTER OF DEEDS
DO NOT DISCARD
2011005530
:.· .• 081919a HCBOC Page 81
Board Meeting
Agenda Item
Agenda Item _ ...... l..:.D~ _ ___.!
MEETING DATE: August 19, 2019
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Proposed Rezoning: Case# PLAN 1906-0004
REQUESTED BY: Development Services/ Mark Locklear
REQUEST:
Landowner/ Applicant: Forever Clean Portable Toilets, Inc; 6.16 +/-acres; Pin# 0653-42-
17 02.000 ; From RA-20M to Light Industrial; US Hwy 401 North; Hector's Creek Township.
Development Services staff reommends this rezoning request be APPROVED.
The requested rezoning to Light Industrial would not have an unreasonable impact on the
community based on the nonresidential growth patterns of this area as well as compliance
with the County's Land Use Plan.
On August 5th , the Hamett County Planning Board voted 5-0 to recommend approval of this
of the application based on the existing business as well as overall compliance with the Land
Use Plan.
One citizen spoke in opposition, two citizens had general comments/ questions, and three
spoke in favor.
FINANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION:
C:\Users\gwheeler\AppData\Local\Microsoft\ Windows\lNetCache\Content.O utl ook\OZMK66X9 \CC _Fo rever C lean agenda
form _8.19.19.docx Page I of I
081919a HCBOC Page 82
REZONING STAFF REPORT
Case: PLAN1906-0004
Jay Sikes, Mgr. of Planning Services
jsikes@harnett.org
Phone : (910) 893 -7525 Fax: (910) 814-8278
Planning Board: August 5, 2019 County Commissioners : August 19, 2019
Requesting a Rezoning from RA-20M to Light Industrial
Applicant Information
Owner of Record:
Name : Forever Clean Portable Clean, Inc
Address : 116 W. Academy St
City/State/Zip : Fuquay Varina, NC 27526
Property Description
PIN(s): 0653 -42-1702
Address/SR No .: 122 Josh Dr US 401 N
Township :
D (01) Anderson Creek
D (02) Averasboro
D (03) Barbecue
D (05) Buckhorn
D (06) Duke
D (07) Grove
Applicant:
Name: Forever Clean Portable Clean, Inc (Scott
Tart)
Address: 116 W. Academy St
City/State/Zip : Fuquay Varina, NC 27526
Acreage : _6_._16 ___ _
D (09) Johnsonville
D (10) Lillington
D (11) Neill's Creek
D (04) Black River ~ (08) Hectors Creek D ( 12) Stewart's Creek
D (13) Upper Littl e Rive r
Vi cinity Map
Page 1 of 6 STAFF REP ORT
081919a HCBOC Page 83
Services Available
Water:
~ Public (Harnett County)
D Private (We ll )
D Other: Unverified
Sewer:
Site Description: Site is currently occupied by an
existing business . This business received a
Conditional Use Permit for office & outdoor
storage on December 12, 2016.
Area Land Uses: Agricultural and Single family
residential. There is also a commercial parcel
within 1,500' and a school with 112 mile.
Transportation:
D Public (Harnett County)
~ Private (Septic Tank)
D Other: unverified
Annual Daily Traffic Count:
9 ,200
Site Distances: Good
Zonin District Com atibilit
Page 2 of 6
Parks & Rec
Natural Preserves
Bona Fide Farms
Sinqle Family
Manufactured Homes,
Design Regulated
Manufactured Homes
Multi-Family
I nstitutiona I
Commercial Services
Retail
Wholesale
Pro cessina & Assembly
General & Light
Manufacturinq
CURRENT
RA-20M
X
X
X
X
X
X
X
X
REQUESTED
Light
Industrial
X
X
X
X
X
X
X
X
X
The purpose of the Light Industrial District (LI) is to
function as a transitional use between the more
intense general manufacturing/ industrial uses and
other less intense non-residential uses .
STAFF REPORT
081919a HCBOC Page 84
ZONING LAND USE
RA-20M EMU
Parks & Rec X X
Natural Preserves X X
Bona Fide Farms X X
Single Family X X
Manufactured Homes,
Design Regulated X X
Manufactured Homes
Multi -Family X
Institutional X X
Commercial Service X
Retail X X
Wholesale X X
Industrial X
Manufacturing X
Site Photographs
Subject Property Subject Property
Page 3 of 6 STAFF REPORT
081919a HCBOC Page 85
Site boundary Street view & site
Additional Information
On August 5th, the Harnett County Planning Board voted unanimously (5-0) to recommend approval of
application based on the compatibility to the Land Use Plan as well the business's economic impact.
An adjacent property owner spoke in opposition . Issues pertained to:
• lack of/ improving the buffering along all property lines
• safety concerns due to the truck traffic from existing business as well as new t raffic from
construction trucks hauling stone
• noi se due to the rock crushing machine, as well as the business traffic noise
• smell from the pump trucks and the temporary holding tanks
Two concerned citizens spoke/ asked questions in reference to noise, future traffic, and personal land
values.
Three citizens spoke in favor of this application with reference to:
Page 4 of 6 STAFF REPORT
081919a HCBOC Page 86
• such a business's potential to grow is a benefit for the whole County
• the owner is responsible, the business does not have any State violations, and is/ will be a good
neighbor
• recent land use studies suggest this area should be a mix of uses
Evaluation
t8J Yes D No The IMPACT to the adjacent property owners and the surrounding community is
reasonable, and the benefits of the rezoning outweigh any potential inconvenience or
harm to the community.
REASONING: The impact to the surrounding community is reasonable, as the
requested zoning district is compatible with the nonresidential growth patterns of this
area and the County's Land Use Plan.
t8J Yes D No The requested zoning district is COMPATIBLE with the existing Land Use Classification .
REASONING: The requested zoning to Light Industrial is compatible with the overall
land use classification of Employment Mixed Use, as well as within the Compatibility
Development Target area. Per the County's Land Use Plan Employment Mixed Use
areas "are located along major thoroughfares and include prime locations for economic
development opportunities."
t8J Yes D No The proposal does ENHANCE or maintain the public health, safety and general welfare.
REASONING: The requested zoning would enhance or maintain the public health,
safety and general welfare due to the longevity of the business, its potential growth as
well as the potential site improvements that could take place .
D Yes t8J No The request is for a SMALL SCALE REZONING and should be evaluated for
reasonableness.
REASONING: Due the size of this parcel and Land Use classification, this application
does not need to be considered for Small Scale Rezoning.
Suggested Statement-of-Consistency (Staff concludes that...)
As stated in the evaluation, the requested rezoning to Light Industrial would not have an unreasonable
impact on the surrounding community based on the nonresidential growth patterns of this area as well as
compliance with the County's Land Use Plan . Therefore, it is recommended that this rezoning request be
APPROVED.
Traditional Standards of Review and Worksheet
STANDARDS OF REVIEW
The Planning Board shall consider and make recommendations to the County Board of Commissioners
concerning each proposed zoning district. The following policy guidelines shall be followed by the Planning
Board concerning zoning districts and no proposed zoning district will receive favorable recommendation
unless:
D Yes D No A. The proposal will place all property similarly situated in the area in the same
category, or in appropriate complementary categories.
D Yes D No B. There is convincing demonstration that all uses permitted under the proposed district
classification would be in the general public interest and not merely in the interest of the
individual or s mall group.
D Yes D No C. There is convincing demonstration that all uses permitted under the proposed district
classification would be appropriate in the area included in the proposed change. (When
a new district designation is assigned, any use permitted in the district is allowable, so
long as it meets district requirements, and not merely uses which applicants state they
intend to make of the property involved.)
D Yes D No D. There is convincing demonstration that the character of the neighborhood will not be
materially and adversely affected by any use permitted in the proposed change.
D Yes D No E. The proposed change is in accordance with the comprehensive plan and sound
planning practices.
0 GRANTING THE REZONING REQUEST
Page 5 of6 STAFF REPORT
081919a HCBOC Page 87
Motion to grant the rezoning upon finding that the rezoning is reasonable based on All of the above
findings of fact A-E being found in the affirmative and that the rezoning advances the public interest.
0 DENYING THE REZONING REQUEST
Motion to deny the rezoning upon finding that the proposed rezoning does not advance the public interest
and is unreasonable due to the following:
D The proposal will not place all property similarly situated in the area in the same category, or in
appropriate complementary categories.
D There is not convincing demonstration that all uses permitted under the proposed district
classification would be in the general public interest and not merely in the interest of the
individual or small group.
D There is not convincing demonstration that all uses permitted under the proposed district
classification would be appropriate in the area included in the proposed change. (When a new
district designation is assigned, any use permitted in the district is allowable, so long as it
meets district requirements, and not merely uses which applicants state they intend to make of
the property involved.)
D There is not convincing demonstration that the character of the neighborhood will not be
materially and adversely affected by any use permitted in the proposed change.
D The proposed change is not in accordance with the comprehensive plan and sound planning
practices.
D The proposed change was not found to be reasonable for a small scale rezoning
Page 6 of 6 STAFF REPORT
081919a HCBOC Page 88
APPLICATION FOR ZONING CHA GE
Harnett
COUNTY
Planning Department
108 E. Front Street
P.O. Box 65, Lillington, NC 27546
Phone: (910) 893-7525 Fax: (910) 893-2793
Total Fee: ~.25o
Receipt:
Permit: fL.A N \'\c-L, QC:c. 4
Hearing Date: -h--< "~ c\ ; " ~ .2----5 h
Applicant Information
Owner of Rec:ord:
Name: Forever Clean Portable Toilets, Inc
Address: 116 W. Academy St
City/State/Zip: Fuquay-Varina, NC 27526
E-mail: scott@foreverclean.com
Phone: 919-552-0200
Mobile: 919-669-6006
Property Description
Applicant:
Name: Forever Clean Portable Toilets, Inc
(Scott Tart)
Address: 116 W. Academy St
City/State/Zip: Fuquay-Varina, NC 27526
E-mail: scott@foreverclean.com
Phone: 919-552-0200
Mobile: 919-669-6006
PIN(s): 0653-42 -1702 Acreage : 6.16 Acres
Address/SR No .: 122 Josh Dr US 401 N.
Directions from Lillington: North on 4..91, jl:!St past Kipling1 Josh Dr on left before Lafayette Rd.
Deed Book : 3407
Plat Book: PC-D
Existing Zoning :
0 Conservation
X RA-20M
0 RA-20R
0 RA-30
0 RA -40
D Commercial
0 Light Industrial
D Industrial
0 Office & Inst'I
Attachments
Page : 0826
Page : Slide 81-f_
Requested Zoning:
D Conservation
0 RA -20M
0 RA-20R
0 RA-30
0 RA-40
0 Commercial
X Light Industrial
D Industrial
D Office & Inst'I
Township:
D (01) Anderson Creek
D (02) Averasboro
D (03) Barbecue
0 ( 04) Black River
D (05) Buckhorn
D (06) Duke
D (07) Grove
X (08) Hectors Creek
0 (09) Johnsonville
0 (10) Lillington
D (11) Neill's Creek
0 (12) Stewart's Creek
D ( 13) Upper Little River
• Written description of property from recorded deed
• Recorded map of property at scale of not less than one ( 1) i nch = 200 feet
• Explanation of why the zoning change is requested, addressing applicable portions of Article XII of
t he Zoning Ordinance
Signatures
The undersigned applicant hereby certifies that, to the hest of his or her knowledge and belief, all
information supplied with this application is true and accurate:
c?
6 ..-Vroperty Owner Signature
Page 1 of 2
~~olCr ott~ Authorized Agent Signature Date
APPLICATION FOR ZONING CHANGE
081919a HCBOC Page 89
Requirements for Consideration
The Planning Board shall consider and make recommendations to the County Board of Commissioners
concerning each proposed zoning district. The following policy guidelines shall be followed by the Planning
Board concerning zoning districts and no proposed zoning district will receive favorable recommendation
unless:
2.1 The proposal will place all property similarly situated in the area in the same category, or in
appropriate complementary categories.
2.2 There is convincing demonstration that all uses permitted under the proposed district classification
would be in the general public interest and not merely in the interest of the individual or sma ll
group.
2.3 There is convincing demonstration that all uses permitted under the proposed district classification
would be appropriate in the area included in the proposed change. (When a new district
designation is assigned, any use permitted in the district is allowable, so long as it meets district
requirements , and not merely uses which applicants state they intend to make of the property
i nvolved.)
2.4 There is convincing demonstration that the character of the neighborhood will not be materially and
adversely affected by any use permitted in the proposed change.
2.5 The proposed change is in accordance with the comprehensive plan and sound planning practices.
Page 2 of 2 APPLICATION FOR Z ONING CHANGE
081919a HCBOC Page 90
122 US 401 N FUQUAY VARINA, N C 27526
Forever Clean is a full-service septic cleaning, drain cleaning , and porta potty rental company l ocated in Harnett
County, NC serving the greater Triangle area in Wake, Durham , Chatham , Johnston, and Hamett counties
including Raleigh, Cary, Durham. Chapel Hill, Pittsboro . Apex , Holly Springs, Fuquay-Varina , Lillington, Clayton ,
Zebulon, and Wake Forest
Services Provided:
• 24 hours a day/ 7 days a week emergency service available
• Portable Restrooms
• Special Events
• Construction Site needs
• Wedding Restrooms
• Portable Hand Washing Stations
• Dumpster Rental
• Septic Services
o Pump Repair
o Drain Cleaning
o Tank Pumping
EVENT RENTALS
Standard Porta Potty
, Handicapped AC<essible Ponable Tollet
, White Wedding Flushable Portable T01let
, Luxury Portable Restroom
, Portable Hand Washing Station
Other information :
CONSTRUCTION RENTALS
, Portable Toilet Rental
, Handicapped Accessible Portable Toilet
, High Rise Portable Toilet
, 250 Gallon Holding Tank
, Portable Hand Washing Station
• Moved business to Harnett County in 2016
' . . 1
SERVICES ,
-. -. ..
. SepUc Tank Pumping
, Septic Tank Risers & Replacement lids
Leach Field Restoration
, Dram Cleaning
. Clog Removal
• Conditional Use Permit #BA-CU-25-16, approved December 12, 2016 , w it hout any conditi on s
• Grown to over 30 employees
• Over 15 years of service
• Licensed by the state of North Carolina for septic tank pump ing , repair, and d rain cleaning .
• No State violations
• Processing gravel
o This processed gravel w ill be used for exi sting septic business and to resa le to contractors & the
general public.
• Popular clients include: Coastal Credit Union Amphitheatre at Walnut Creek, Toll B rothers, K-B Homes ,
Royal Oaks, NC State Fa i r, Wings Over Wayne, Duke Energy during emergency s ituation s
081919a HCBOC Page 91
We wish to rezone our property to light Industrial. Our existing business has a Conditional Use Permit,
however to obtain more flexibility for our business we feel this rezoning will be a benefit to all . We maintain a
well buffered business and try to be a good neighbor. Our business has grown since we've been at this
location and we feel that will continue.
Our location on US 401 , also being located approximately 1,500 ' away from a Commercia l parcel, and located
within the Employee Mixed Use land use category should help this request.
Thank you for your cooperation in allowing us to grow our business with in Harnett County.
081919a HCBOC Page 92
Agenda Item __ f _..( __ _
www.mydailyrecord.com I Wednesday, July 31, 2019 I The Daily Record, Dunn, N.C. I PAGE 58
• I Vi OClUJIS I
NOTICE OF PUBLIC HEARING
The Board of Commissioners (the "Board") of the County of
Harnett, North Carolina (the "County") is considering (1) enter-
ing into an installment financing contract in an amount not to
exceed $25,000,000 (the "Contract") to finance the acquisition,
construction and equipping of a new Government Services
Complex (the "Project") and (2) executing and delivering a deed
of trust, security agreement and fixture filing (the "Deed of
Trust") related to the County's fee simple interest in the Project,
together with the improvements thereon (collectively, the "Mort-
gaged Property"), as may be required by the entity providing the
funds to the County under the Contract. The Project will be
located at 455 McKinney Parkway, Lillington , North Carolina.
The Contract and the Deed of Trust permit the County to enter
into amendments to finance additional projects using the Mort-
gaged Property as collateral and to refinance projects, and the
County may or may not grant additional collateral in connection
with such amendments. On the County's payment of all install-
ment payments due under the Contract, the Deed of Trust and
any lien created thereunder would terminate and the County's
title to The Mortgaged Property would be unencumbered.
NOTICE IS HEREBY GIVEN, pursuant to Sections 160A-20 of
the General Statutes of North Carolina, that on August 19, 2019
at 6:00 p .m . in the County Commissioners Meeting Room, Har-
nett County Administration Building, 420 McKinney Parkway,
Lillington, North Carolina, a public hearing will be conducted
concerning the approval of the execution, delivery and perform-
ance of the Contract and the Deed of Trust and the Project to
be financed thereby. All interested parties are invited to present
comments at the public hearing regarding the execution, deliv-
ery and performance of the Contract and the Deed of Trust and
the Project to be financed thereby .
/s/ Margaret Regina Wheeler
Clerk to the Board of Commissioners
County of Harnett, North Carolina
Published: July 31 , 2019
7/31 /19
e
I· e
081919a HCBOC Page 93
NOTICE OF PUBLIC HEARING
The Board of Commissioners (the "Board') of the County of Hamett, North Carolina
(the "County") is considering (I) entering into an installment financing contract in an amount not to exceed
$25,000,000 (the "Contract') to finance the acquisition, construction and equipping of a new Government
Services Complex (the "Project") and (2) executing and delivering a deed of trust, security agreement and
fixture filing (the "Deed of Trusf') related to the County's fee simple interest in the Project, together with
the improvements thereon (collectively, the "Mortgaged Property"), as may be required by the entity
providing the funds to the County under the Contract. The Project will be located at 455 McKinney
Parkway, Lillington, North Carolina.
The Contract and the Deed of Trust permit the County to enter into amendments to finance
additional projects using the Mortgaged Property as collateral and to refinance projects, and the County
may or may not grant additional collateral in connection with such amendments. On the County's payment
of all installment payments due under the Contract, the Deed of Trust and any lien created thereunder would
terminate and the County's title to The Mortgaged Property would be unencumbered.
NOTICE IS HEREBY GIVEN, pursuant to Sections I 60A-20 of the General Statutes of North
Carolina, that on August 19, 2019 at 6:00 p.m. in the County Commissioners ' Meeting Room, Hamett
County Administration Building, 420 McKinney Parkway, Lillington, North Carolina, a public hearing will
be conducted concerning the approval of the execution, delivery and performance of the Contract and the
Deed of Trust and the Project to be financed thereby. All interested parties are invited to present comments
at the public hearing regarding the execution, delivery and performance of the Contract and the Deed of
Trust and the Project to be financed thereby.
Published: July 31 , 2019
Isl Margaret Regina Wheeler
Clerk to the Board of Commissioners
County of Hamett, North Carolina
I
I
081919a HCBOC Page 94
EXTRACTS FROM MINUTES OF THE BOARD OF COMMISSIONERS
A regular meeting of the Board of Commissioners (the "Board') of the County of Hamett, North
Carolina (the "County") was held on Monday, August 19, 2019, at 6:00 p.m. in the County
Commissioners' Meeting Room, Hamett County Administration Building, 420 McKinney Parkway,
Lillington, North Carolina, Gordon Springle, Chairman of the Board presiding and the following
Commissioners present:
The following members were absent:
* * * * *
The Finance Officer of the County of Hamett, North Carol in a (the "County") reported to the
Board of Commissioners of the County (the "Board') that notice of a public hearing was published on
July 31, 2019, stating that the Board would hold a public hearing at 6:00 p.m. on August 19, 2019 to
receive public comments on the proposed execution and delivery by the County of (1) an installment
financing contract in a principal amount not to exceed $25,000,000 (the "Contract"), the proceeds of
which would be used to finance the acquisition, construction and equipping of a new Government
Services Complex (the "Project"), and (2) a deed of tru st, sec urity agreement and fixture filing (the "D eed
of Trust") under which the County would grant a li en on the County's fee simple interest in the real
property on which the Project will be located, together with the improvements thereon , as may be
required for the benefit of the entity providing the funds to the County under the Contract.
The Chairman of the Board then announced that the Board would hear anyone who wished to be
heard on the questions of the proposed Contract, the Deed of Trust and the Project to be financed thereby.
[No one spoke at the public hearing.]
Commissioner _____ moved that the public hearing be closed. The motion was
unanimously adopted.
081919a HCBOC Page 95
After the closing of the public hearing, Commissioner _____ moved that the following
resolution, copies of which having been made available to the Board of Commissioners, be adopted, by
reading the title thereof (further reading waived without objection):
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT,
NORTH CAROLINA, APPROVING AN INSTALLMENT FINANCING CONTRACT AND
PROVIDING FOR CERTAIN OTHER RELATED MATTERS
WHEREAS, the County of Harnett, North Carolina (the "County") is a political subdivision
validly existing under the Constitution, statutes and laws of the State of North Carolina (the "State");
WHEREAS, the County has the power, pursuant to the General Statutes of North Carolina, to
( 1) purchase real and personal prope11y, (2) enter into installment purchase contracts to finance the
purchase or improvement of real and personal property used, or to be used, for public purposes, and
(3) grant a security interest in some or all of the property purchased or improved to secure repayment of
the purchase price;
WHEREAS, the Board of Commissioners of the County (the "Boan!') has previously determined
that it is in the best interest of the County to enter into an Installment Financing Contract dated as of
October 1, 2019 (the "Contract") with the Harnett County Public Facilities Corporation
(the "Corporation") in order to (I) finance the acquisition, construction and equipping of a new
Government Services Complex (the "Project"), and (2) pay certain costs incurred in connection with the
execution and delivery of the Project;
WHEREAS , to secure its obligations under the Contract, the County will execute and deliver a
Deed of Trust, Security Agreement and Fixture Filing dated as of October 1, 2019 (the "De ed of Trust"),
granting a lien on the County's fee simple interest in the real property on which the Project will be
located, together with the improvements thereon ;
WHEREAS, the Corporation will execute and deliver an aggregate principal amount not to exceed
$25,000,000 of its Limited Obligation Bonds (collectively, the "Bonds "), each evidencing proportionate
undivided interests in rights to receive certain Revenues (as defined in the Contract) pursuant to the
Contract;
WHEREAS, in connection with the sale of the Bonds to PNC Capital Markets LLC and Robert W .
Baird & Co. Incorporated (the "Underwriters"), the Corporation will enter into a Contract of Purchase to
be dated on or about September 27, 2019 (the "Purchase Contract'') between the Corporation and the
Underwriters relating to the Bonds, and the County will execute a Letter of Representation to the
Underwriters (the "Letter of Representation");
WHEREAS , there have been described to the Board the form s of the following documents
(collectively, the "Instruments"), copies of which have been made available to the Board, which the
Board proposes to approve, enter into and deliver, as applicable, to effectuate the proposed installment
financing:
(1 ) the Contract;
(2) the Deed of Trust;
PPAB 5045568v2
081919a HCBOC Page 96
(3) an Indenture of Trust dated as of October I, 2019 (the "Indenture")
between the Corporation and U.S. Bank National Association, as trustee; and
(3) the Purchase Contract and the Letter of Representation.
WHEREAS, to make an offering and sa le of the Bonds, there will be prepared a Preliminary
Official Statement with respect to the Bonds (the "Preliminary Official Statemenf'), a draft thereof having
been presented to the Board, and a final Official Statement relating to the Preliminary Official Statement
(together with the Preliminary Offic ial Statement, the "Official Statemenf'), which Official Statement will
contain certain information regarding the County;
WHEREAS, it appears that each of the Instruments and the Preliminary Official Statement is in an
appropriate form and is an appropriate instrument for the purposes intended ;
WHEREAS, the Board has conducted a public hearing on this date to receive public comment on
the proposed Contract and the transactions contemplated thereby; and
WHEREAS, the County has fi led an application to the LGC for approval of the Contract;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF
THE COUNTY OF HARNETT, NORTH CAROLINA, AS FOLLOWS:
Section I. Ratification of Instruments. All actions of the County, the Chairman of the Board
(the "Chairman"), the Clerk to the Board (the "Cleric'), the County Manager, the Finance Officer, the
County Attorney and their respective designees, whether previous ly or hereinafter taken , in effectuating
the proposed financing are hereby approved, ratified and authorized pursuant to and in accordance with
the transactions contemplated by the Instruments.
Section 2. Authorization of the Official Statement. The form , terms and content of the
Prel imin ary Official Statement are in a ll re s pects authorized, approved and confirmed, and the u se of the
Preliminary Official Statement and of the final Official Statement by the Underwriters in connection with
the sale of the Bonds is hereby in a ll respects authorized , approved and confirmed. The Chairman, the
County Manager and the Finance Officer are each hereby authorized and directed, individually and
collectively, to deliver, on behalf of the County, the Official Statement in s ubstantially s uch form, with
s uch changes, insertions and omissions as each may approve.
Section 3. Authorization to Execute the Contract. The County approves the financing of the
Project in accordance with the term s of the Contract, which will be a valid, legal and binding obligation of
the County in accordance with its terms . The form and content of the Contract are hereby in all respects
authorized, approved and confirmed, and the Chairman, the Clerk, the County Manager and the Finance
Officer and their respective designees are hereby authorized, empowered and directed , individually and
collectively, to execute and deliver the Contract, including necessary counterparts, in substantia ll y the
form and content presented to the Board, but with such changes, modifications, additions or deletions
therein as they may deem nece ssary, desirable or appropriate, their execution thereof to constitute
conclusive evidence of the County's approva l of any and all changes, modifications, additions or
deletions therein from the form and content of the Contract presented to the Board. From and after the
execution and delivery of the Contract, the Chairman, the Clerk, the County Manager and the Finance
Officer are hereby authorized, empowered and directed, ind ividuall y and colle ctively, to do all s uch acts
and things and to execute all such documents as may be necessary to carry out and comply with the
provisions of the Contract as executed.
PPAB 5045568v2
081919a HCBOC Page 97
Section 4. Authorization to Execute tlte Deed of Trust. The County approves the form and
content of the Deed of Trust, and the Deed of Trust is in a ll respects authorized, approved and confirmed.
T he Chairman, the Clerk, the County Manager, the Finance Officer and their respective designees are
hereby authorized, empowered and directed, individually and collectively, to execute and deliver the
Deed of Trust, including necessary counterparts, in substantially the form and content of the Deed of
Trust presented to the Board , but with such changes, modifications, additions or deletions therein as they
may deem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of
the County's approval of any and all changes, modifications, additions or deletions therein from the form
and content of the Deed of Trust presented to the Board. From and after the execution and delivery of the
Deed of Trust, the Chairman, the Clerk, the County Manager and the F inance Officer are hereby
authorized, empowered and directed, individually and collectively, to do all such acts and things and to
execute all such documents as may be necessary to carry out and comply with the provisions of the Deed
of Trust as executed.
Section 5. Purchase Contract and Letter of Representation. The form and content of the
Purchase Contract are hereby approved in all respects, and the County Manager and the Finance Officer
are hereby authorized, empowered and directed, individually and collectively, to execute and deliver the
Letter of Representation, including necessary counterparts, in substantially the form and content of the
Letter of Representation presented to the Board, but with such changes, modifications, additions or
deletions therein as they may deem necessary, desirable or appropriate, their execution thereof to
constitute conclusive evidence of the County's approval of any and all changes, modifications, additions
or deletions therein from the form and content of the Letter of Representation presented to the Board.
From and after the execution and delivery of the Letter of Representation, the County Manager and the
Finance Officer are hereby authorized, empowered and directed, individually and collectively, to do all
s uch acts and things and to execute all such documents a s may be necessary to carry out and comply with
the provis ions of the Letter of Representation as executed.
Section 6 . County Representative. The Chairman , the County Manager and the Finance Officer
are hereby des ignated as the County's Representative to act on be half of the County in connection with
the transactions contemplated by the Instruments and the Preliminary Official Statement, and the
Chairman, the County Manager and the Finance Officer are authorized, individually and collectively, to
proceed with the transactions contemplated by the Contract in accordance with the fnstruments and to
s eek opinions a s a matter of law from the County Attorney, which the County Attorney is authorized to
furnish on behalf of the County, and opinions of law from such other attorneys for all documents
contemplated by this Resolution as required by law. The County's representatives or designees are in all
respects authorized on behalf of the County to supply all information pertaining to the County for use in
the Official Statement and the transactions contemplated by the Instruments or the Preliminary Official
Statement. The County's representatives or their respective designees are hereby authorized, empowered
and directed, individually and collectively, to do any and all other acts and to execute any and all other
documents which they, in their discretion, deem necessary or appropriate to consummate the transactions
contemplated by the In struments or the Preliminary Official Statement or as they deem necessary or
appropriate to implement and carry out the intent and purposes of this Resolution.
Section 7. Severability. If any section , phrase or provis ion of this Res olution is for any reason
declared to be invalid, s uch declaration shall not affect the validity of the remainder of the sections,
phrases or provisions of this Resolution.
Section 8. Repealer. All motions, orders, resolutions and parts thereof, in conflict herewith are
hereby repealed .
Section 9. Effective Date. Thi s Reso lution is effective on the date of its adoption.
PPAB 5045568 v2
081919a HCBOC Page 98
On motion of Commissioner , the foregoing resolution entitled
"RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH
CAROLINA, APPROVING AN INSTALLMENT FINANCING CONTRACT AND PROVIDING FOR CERTAIN
OTHER RELATED MATTERS" was duly adopted by the following vote:
AYES:
NAYS:
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081919a HCBOC Page 99
STATE OF NORTH CAROLINA
COUNTY OF HAR NETT )
)
) SS:
I , MARGARET REGINA WHEELER , Clerk to the Board of Commissioners of the County of Hamett,
North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution
entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH
CAROLINA, APPROVING AN INSTALLMENT FINANCING CONTRACT AND PROVIDING FOR CERTAIN
OTHER RELATED MATTERS" adopted by the Board of Commissioners of the County of Harnett, North
Carolina at a meeting held on the 19th day of August, 2019.
WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the
__ day of August, 2019.
[SEAL]
PPAB 504 5568v2
MAR GARET R EGINA WH EE LER
C lerk to the Board
County of Hamett, North Caro lina
081919a HCBOC Page 100
. i
Agenda Item --''"'a~--....;
NOTICE OF PUBLIC HEARING
The Harnett County Board of Commissioners will hold a public
hearing concerning certain proposed economic development
appropriations including the following:
(1) 2019-2020 County membership with the Research Triangle
Regional Partnership with membership dues in the amount
of $37,719.00.
(2) Harnett County's grant participation match of 5%
($25,000.00) for the Building Reuse Grant in the amount of
$500,000.00 for the benefit of Praxan, LLC from the North
Carolina Department of Commerce Rural Economic
Development Division. This grant shall be used for the
upfitting, renovation, and reuse of that manufacturing facility:
building located at 800 Edwards Brothers Drive, Lillington,
NC 27546 which shall be leased to Krigen Pharmaceuticals,•
LLC for the establishment and operation of a pharmaceutic;.;
al parenteral manufacturing facility.
(3) Harnett County's grant participation match of 50%
($100,000.00) for the One North Carolina Fund Grant in the
amount of $200,000 for the benefit of Krigen Pharmaceutic,.
als, LLC from the North Carolina Department of Commerce.·
This grant shall be used for the installation or purchase of
equipment and building renovations or structural repairs at
the manufacturing facility.
Said public hearing shall take place on Monday, August 19,
2019 at 6:00 o'clock PM during the regular meeting of the
Board of Commissioners at the County Commissioner Meeting •
Room in the Harnett County Administration Building, located a[
420 McKinney Parkway, Lillington, NC 27546. At that time, any,
person who wishes to be heard concerning the above listed '
economic development appropriations may appear before the ,
Board. The Krigen facility project site will include a capital in-
vestment of approximately $4.6 million. During the incentive
period, one hundred seventeen (117) full time jobs with an
average annual wage of $47,479.00 will be created as a result
of the operation of this manufacturing facility . Subject to any
information received at the public hearing, it is the intention of '
the Harnett County Board of Commissioners to approve the
above listed appropriations and to be the local government
party participant in the respective grant agreements subject to
various restrictions and conditions mandated by N.C. General
Statutes § 158-7 .1 .
This the 7th day of August, 2019.
Harnett County Board of Commissioners
8{7{19
081919a HCBOC Page 101
NOTICE OF PUBLIC HEARING
The Hamett County Board of Commissioners will hold a public hearing concerning certain proposed
economic development appropriations including the following:
(1) 2019-2020 County membership with the Research Triangle Regional Partnership with
membership dues in the amount of $37,719.00.
(2) Hamett County's grant participation match of 5% ($25,000.00) for the Building Reuse Grant
in the amount of $500,000.00 for the benefit of Praxan, LLC from the North Carolina
Department of Commerce Rural Economic Development Division. This grant shall be used
for the upfitting, renovation, and reuse of that manufacturing facility building located at 800
Edwards Brothers Drive, Lillington, NC 27546 which shall be leased to Krigen
Pharmaceuticals, LLC for the establishment and operation of a pharmaceutical parenteral
manufacturing facility.
(3) Hamett County's grant participation match of 50% ($100,000.00) for the One North Carolina
Fund Grant in the amount of $200,000 for the benefit ofK.rigen Pharmaceuticals, LLC from
the North Carolina Department of Commerce. This grant shall be used for the installation or
purchase of equipment and building renovations or structural repairs at the manufacturing
facility.
Said public hearing shall take place on Monday, August 19 , 2019 at 6:00 o'clock PM during the
regular meeting of the Board of Commissioners at the County Commissioner Meeting Room in the
Hamett County Administration Building, located at 420 McKinney Parkway, Lillington, NC 27546.
At that time, any person who wishes to be heard concerning the above listed economic development
appropriations may appear before the Board. The Krigen facility project site will include a capital
investment of approximately $4.6 million. During the incentive period, one hundred seventeen (117)
full time jobs with an average annual wage of$47,479.00 will be created as a result of the operation
of this manufacturing facility. Subject to any information received at the public hearing, it is the
intention of the Hamett County Board of Commissioners to approve the above listed appropriations
and to be the local government party participant in the respective grant agreements subject to various
restrictions and conditions mandated by N. C. General Statutes § 15 8-7 .1 .
This the 7th day of August, 2019 .
Hamett County Board of Commissioners
081919a HCBOC Page 102
Agenda Item _ ..... ,.-a __ _;
Board Meeting
Agenda Item
l' MEETING DA TE: August-8', 2019
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: KriGen Pharmaceuticals, LLC -NC Building Reuse Local Government
Grant Agreement and Company Performance Agreement
REQUESTED BY: Debbie Taylor, Economic Development
REQUEST:
L
Hamett County Economic Development requests approval of the NC Rural Economic
Development Grant Agreement -Building Reuse Program for $500,000.00 from the N .C
Department of Commerce, Rural Economic Development Division, Rural Authority for
KriGen to operate at 800 Edwartds Brothers Drive in Lillington.
The Building Reuse grants are awarded to support the renovation or expansion of buildings
occupied by a company operating in the state of North Carolina for at least 12 months. The
effective dates for this award commence on June 20, 2019 and shall terminate on June 20,
2021.
Hamett County must match the funds awarded by 5% of the amount granted ($500,000).
The incentives offered by Hamett County and the Town of Lillington will cover the required
match.
Within the two year grant period, the company must meet the following requirements: create
64 new jobs, pay the average weekly wage for all full-time jobs of $636/week and provide
50% cost of health insurance for all full-time jobs. The Department of Commerce will
reimburse 50% of eligible expenditures up to the total grant amount upon receipt of the
following: A completed financial request form; evidence that the 5% local government match
has been satisfied (first payment request) and copies of eligible project invoices that support
the request amount.
If there is a breach of any of the requirements, convenants or agreements in this Grant
Agreement, the Govermental Unit (Hamett County), ofCommerce has the sole discretion to
require repayment from the Governmental Unit an amount of Grant funds to be determined in
Commerce's sole discretion but not to exceed the amount of Grant funds the Govenunental
Unit has already received.
·-------·--·-------~-~--------------
C :\Users\gwheeler\AppData\Local\Microsoft\Windows\lNetCache\Content.Outl ook\OZMK66X9\Kri gen -BOC Ag enda
Item for Building Reuse Grant.docx Page I of 2
081919a HCBOC Page 103
ROY COOPER
Governor
ANTHONY M. COPELAND
Sn:rnor>
July 15, 2019
Mr. C. Gordon Springle
Chairman
Harnett County
PO Box 759
Lillington, NC 27546
KENNY FLOWERS
Assistant 54-CTI'l a f)
Re: Contract Agreement for Grant Number 2019-145-3201-2587; Your Signature and Reply is Requested
Project Title: "KriGen/Project Ace"
Dear Chairman Springle:
Enclosed for your review and signature is a complete set of contract documents required to finalize the grant award
from the North Carolina Rural Infrastructure Authority. Below is a description of the documents enclosed along with
an explanation of the signatures required for each document.
Document: Document Descrintion: Si2ned By:
Grant Contract: Outlines the tenns of Grant Agreement between the Department of Highest Elected Official -
AITTeement Commerce and the Unit of Local Government. Unit of Local Government
Exhibit A Scope of Services: Outlines the scope of the renovation/construction project. No Signature Required
Exhibit B Payment Schedule: Outlines the process for the Unit of Local Government to request No Signature Required
reimbursements from Department of Commerce.
ExhibitC Reporting Schedule: Outlines the schedule of reports that are due from the Unit of No Signature Required
Local Government to the Deoartment of Commerce and when they are due.
Exhibit D Closeout/Job Requirements: Outlines the process for the Unit of Local Government to No Signature Required
reoort the creation and ma intenance of iobs to the Deoartment of Commerce.
ExhibitE Legally Binding Commitment (LBC): Outlines tenns and conditions of the Loan. Highest Elected Official -
Unit of Local Government
and Legal Property Owner
listed on the Deed.
Exhibit F Promissory Note: Defines the repayment tenns of the Loan in the event of default. Legal Property Owner listed
on the D e ed.
ExhibitG Limited Waiver of Confidentiality: Contains employment infonnation reported to the Each Business involved in
Deoartment of Commerce's Division ofEmolovment Securitv. the project.
Exhibit H Deed of Tru st Documentation Highest Elected Official -
Unit of Local Government
Execute these documents, scan a quality copy and return to my attention at rgpreports@nccommerce .com. If you
have any questions or if I can be of any assi stance, please contact me at (9 I 9) 8 I 4-467 I or
nichole .gross@nccommerce.com .
Sincerely,
Nichole M. Gross
Data and Compliance Specialist
Enclosure
No, th Carolina Department of Commerce I Rural Economic Drvdopmrnt Divi sion
301 Norlh Wilmington Strrrt I 434b M~il Service Center I Ral eigh. NC 27b'l'l 4 34b
'119 814 4b00 T
081919a HCBOC Page 104
Rural Economic Development Grant Agreement , Private Owner
BUILDING REUSE PROGRAM 2019-1 4S-3201-2587
The North Carolina Department of Commerce ("Commerce"), an agency of the State of
North Carolina ("State"), enters into this Rural Economic Development Grant Agreement
("Grant Agreement") with Harnett County (the "Governmental Unit" and , together with
Commerce, the "Parties").
WHEREAS, the North Carolina General Ass embly ("General Assembly") has
determined that it is the policy of the State to stimulate economic activity and to create new jobs
for citizens of the State by providing matching grants or loans to specific local governmental
units so as to productively reuse certain buildings and properties or expand rural health care
facilities subject to the requirements ofN.C.G.S. §§143B-472.127 and .128 ; and
WHEREAS, underN.C .G .S. §143B-472.128, the General Assembly created the North
Carolina Rural Infrastructure Authority ("Rural Authority") to review applications for and ,
where appropriate, authorize such matching grants or loans, and, under N .C.G.S. §§ 143B-
472.126 and .127, the General Assembly authorized Commerce to administer such grants or
loans; and
WHEREAS, pursuant to N.C .G.S. §§143B-472.127 and .128 , and based on the terms,
conditions and representations in this Grant Agreement's Exhibits A (Scope of Project), Exhibit
B (Payment Schedule), Exhibit C (Reporting Schedule), Exhibit D (Closeout Schedule/Job
Requirements), Exhibit E (LBC), Exhibit F (Promis sory Note) and Exhibit G (Waiver of
Confidentiality ("Waiver")), the Rural Authority has approved a grant (the "Grant") to the
Governmental Unit; and
WHEREAS, without limitation , the Rural Authority awarded the Grant: (I) based on the
application filed by the Governmental Unit and any subsequent materials supporting the
application that have been approved ofby Commerce in writing, all of which are incorporated by
reference herein; (2) based on the representation in the application that PRAXAN LLC (the
"Owner") owns certain real property located at:
800 Edwards Brother Drive
Lillington, NC 27546
in Harnett County, North Carolina (the "Property"); (3) based on Commerce's Grant
requirements and guidelines, which are incorporated herein and which may be amended,
modified or supplemented and applied accordingly to this Grant Agreement by Commerce in its
sole discretion; and for ( 4) the creation and retention of certain jobs in the course of completing
certain renovations/construction work at the Property (altogether, the "Project," as summarized
in Exhibit A to this Grant Agreeme nt).
NOW, THEREFORE, in consideration of the mutual promises and such other valuable
consideration as set out herein, the Parties mutually agree to the following terms and conditions:
Grant Agreement -1
081919a HCBOC Page 105
Rural Economic Development Grant Agreement, Private Owner
BUILDING REUSE PROGRAM
I . Scope of Program/ Agreements to be Executed.
(a). As conditions of the Grant Agreement:
2019-145-3201-2587
i. The highest elected official of the Governmental Unit shall execute two originals
of this Grant Agreement in its exact form (unless Commerce approves of a
change to its terms in writing) and shall return one of them to Commerce;
11. The Governmental Unit shall ensure that its highest elected official and a duly
authorized representative of the Owner execute two originals of the Rural
Economic Development Loan Agreement and Legally Binding Commitment
("LBC") in its exact form (unless Commerce approves of a change to its terms in
writing) and shall return one such original to Commerce with the one executed
original of the Grant Agreement;
m. The Governmental Unit shall ensure with the Owner that every individual or
entity that has any ownership interest in the real property which is the subject of
the Project executes two originals of the Promissory Note attached as Exhibit F
in its exact form and shall return one such original to Commerce with the one
executed originals of the Grant Agreement; and
1v. Exhibit A refers to the entity (or entities, as applicable) required to create and
maintain certain full-time new jobs ("New Jobs") to complete the Project as the
"Company," the "Employer" and the "Business" (together and hereinafter, the
"Business"). The Governmental Unit shall ensure that an authorized
representative of each Business executes a Waiver of Confidentiality ("Waiver"),
attached as Exhibit G, and shall return the original of any such Waiver to
Commerce with the executed originals of the Grant Agreement. The
Governmental Unit shall also ensure that any additional Business which
becomes involved in the Project after the Grant Agreement is finalized executes
a Waiver upon its involvement, the original of which the Governmental Unit
shall promptly forward to Commerce.
(b ). The Governmental Unit shall provide Commerce with any information obtained
pursuant to the LBC and allow Commerce to execute any rights of the Governmental
Unit under the LBC , including the Governmental Unit's rights of access, review or
monitoring and Commerce's rights as a third-party beneficiary thereunder.
(c). The Governmental Unit shall exercise all of its rights and duties under the LBC in a
prudent and timely manner to ensure the use of the Grant funds for the intended
purposes and objectives and to preserve the rights of Commerce in this Grant
Agreement and the LBC.
(d). The LBC specifies how many New Jobs the Business must create and maintain in the
performance of the Project and, if the Business fails to do so, those Grant funds that
the Owner must repay to the Governmental Unit for return to Commerce or else repay
directly to Commerce, upon request and as directed. If such New Jobs are not created
or maintained, then the Governmental Unit shall return to Commerce any Grant funds
it has not already disbursed to the Owner, make a timely demand for repayment from
the Owner and, if such repayment is not forthcoming, initiate and fully litigate legal
proceedings against the Owner to recover such repayment.
Grant Agreement -2
081919a HCBOC Page 106
Rural Economic Development Grant Agreement, Private Owner
BUILDING REUSE PROGRAM 2019-145-3201-2587
(e). Without limitation, failure by the Governmental Unit to timely demand repayment
from and, if necessary, initiate and fully litigate such legal proceedings against the
Owner may affect the future consideration of the Governmental Unit for grant
programs administered by Commerce. Further, and without limitation, if the
Governmental Unit fails to timely initiate legal proceedings against the Owner for
such repayment and Commerce elects to do so instead, the Governmental Unit is
responsible and agrees to reimburse Commerce for all litigation costs and reasonable
attorneys ' fees that Commerce incurs in pursuing repayment.
2. Changes in the Project or Other Conditions .
(a). A "Project Change" is any material alteration, addition, deletion or expansion of the
Project, including (without limitation) material changes to construction or
rehabilitation, the terms or conditions of the loan under the LBC ("Loan"), the
required number of New Jobs, the matching investment in the Project, any cessation
of business by the Owner or any Business and any filing of bankruptcy by the
Governmental Unit, the Owner or any Business. There shall be no Project Changes
unless expressly approved of by Commerce in a separate, prior written agreement
stating, if applicable, the costs and schedule for completing the Project Change.
Notwithstanding the foregoing and wherever referred to in this Grant Agreement,
"cessation of business," "ceasing to do business" and "ceases to do business" shall
not include (1) ceasing operations to maintain, service or upgrade real or personal
property of the Owner, (2) seasonal shutdowns of operations as long as such cessation
do not exceed a total of four (4) weeks in any calendar year (excluding time
attributable to an event of force majeure as described below) and (3) under the
circumstances of for the period of time described in Paragraph 17 below.
(b). Additionally, the Governmental Unit shall immediately notify Commerce of any
change in conditions or local law, or any other event, which may significantly affect
its ability to oversee, administer or perform this Grant Agreement, the LBC or the
Project. In its sole and unreviewable discretion, Commerce may deem such a change
in conditions, local law or other event to constitute a Project Change.
3. Term of Grant Agreement. The effective period of this Grant Agreement shall commence
on 6/20/2019 ("Effective Date") and shall terminate on 6/20/2021 unless terminated on an
earlier date under the terms of this Grant Agreement (either one of which dates shall
constitute the "Termination Date") or unless extended for an express term in writing by the
Governmental Unit.
4. Funding. The Rural Authority grants to the Governmental Unit an amount not to exceed
$500,000.00 for expenditures directly relating to the Project. The Governmental Unit
hereby represents and warrants that all Grant funds shall be utilized exclusively for the
purpose of the Project and consistent with all applicable laws , rules, regulations and
requirements , and that the Governmental Unit shall not make or approve of any improper
expenditure of Grant funds (including Loan funds). Administrative expenses of the
Grant Agreement -3
081919a HCBOC Page 107
Rural Economic Development Grant Agreement, Private Owner
BUILDING REUSE PROGRAM 2019-145-3201-2587
Governmental Unit are not eligible for Grant funding and any such use of Grant funds will
v iolate this Grant Agreement.
5. Independent Status of the Governmental Unit.
(a). The Governmental Unit is an entity independent from the Rural Authority and
Commerce. The Grant Agreement, the LBC , the Project and any actions taken
pursuant to them shall not be deemed to create a partnership or joint venture between
or among Commerce, the Rural Authority, the Governmental Unit or any third party
(including, without limitation, the Owner or any Business). Nor shall the Grant
Agreement, the LBC or the Project be construed to make the Governmental Unit
(including its employees, agents, members or officials) or any third party (including,
without limitation, the Owner or any Business) employees, agents, members or
officials of Commerce or the Rural Authority. Neither the Governmental Unit nor
any third party (including, without limitation, the Owner or any Business) shall have
the ability to bind Commerce or the Rural Authority to any agreement for payment of
goods or services or represent to any person that they have such ability.
(b ). The Governmental Unit shall be responsible for payment of all of its expenses,
including rent , office expenses and all forms of compensation to employees . The
Governmental Unit shall provide worker's compensation insurance to the extent
required for its operations and shall accept full responsibility for payments of
unemployment tax or compensation, social security, income taxes, and any other
charges, taxes or payroll deductions required by law in connection with its operations,
for its elf and its employees who are performing work pursuant to this Grant
Agreement. All expenses incurred by the Governmental Unit are its sole
respons ibility, and neither Commerce nor the Rural Authority shall be liable for the
payment of any obligations incurred in the performance of the Project.
6. Method of Payment. Commerce shall pay the Grant funds to the Governmental Unit in
accordance with the Payment Schedule attached heret o as Exhibit B after receipt of written
requests for payment from the Governmental Unit certifying that the conditions for such
payment under this Grant Agreement have been met and that the Governmental Unit is
entitled to receive the amount so requested and any other documentation that may be
required by Commerce.
7. Obligation of Funds . The Governmental Unit shall not obligate Grant funds prior to the
Effective Date or subsequent to the T ermination Date of this Grant Agreement. All
obligations outstanding as of the Termination Date shall be liquidated within thirty days .
8. Project Records .
(a). The Governmental Unit s hall maintain full , accurate and verifiable financial records,
supporting documents and all other pertinent data for the Project in such a manner as
to clearly identify and document the expenditure of the State funds provided under
this Grant Agreement separate from accounts for other awards , monetary
contributions or other revenue sources for this Project.
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(b). The Governmental Unit shall retain all financial records , supporting documents and
all other pertinent records related to the Project for a period of five (5) years from the
Termination Date. In the event such records are audited, all Project records shall be
retained beyond the five-year period until the audit is concluded and any and all audit
findings have been resolved.
9. Monitoring, Reports and Auditing.
(a). The Governmental Unit agrees to ensure compliance and provide its assistance with
such monitoring and auditing requirements as the State may request, including
following the Termination Date of this Grant Agreement. Additionally, the
Governmental Unit shall regularly monitor all performance under Grant-supported
activities, including activities performed by the Owner and any Business, to ensure
that time schedules are being met, New Jobs are being created and maintained and
other performance goals are being achieved.
(b). The Governmental Unit shall furnish Commerce detailed written progress reports
according to the time periods specified in Exhibit C or as otherwise requested by
Commerce. Such reports should describe the progress made by the Governmental
Unit, the Owner and any Business toward achieving the purpose(s) of the Project,
including specifically the goals of New Job creation and maintenance. Such
descriptions should include the successes and problems encountered during the
reporting period. Failure to submit a required report by the scheduled submission
date will result in the withholding of any forthcoming payment until Commerce is in
receipt of the delinquent report and the report meets with Commerce's approval, in
Commerce's sole discretion.
(c). The Governmental Unit acknowledges and agrees that, with regard to the Grant
funds, it will be subject to the audit and reporting requirements prescribed by N.C.G.S
§159-34, Local Government Finance Act -Annual Independent Audit ; rules and
regulations. Such audit and reporting requirements may vary depending upon the
amount and source of Grant funding received by the Governmental Unit and are
subject to change from time to time.
(d). Within thirty (30) days after the Termination Date, the Governmental Unit shall
submit a final report to Commerce describing the activities and accomplishments of
the Project. The final report shall include a review of performance and activities over
the entire Project period. In the final report, the Governmental Unit should describe
the Project, how it was implemented, to what degree the established Project
objectives were met and the difficulties encountered, what the Project changed and its
cost.
(e). The Governmental Unit grants the State and any of its related agencies , commissions
or departments (including, without limitation, Commerce, the North Carolina State
Auditor and the North Carolina Office of State Budget and Management) and any of
their authorized representatives, at all reasonable times and as often as necessary
(including after the Termination Date), access to and the right to inspect, copy,
monitor, and examine all of the books, papers, records and other documents relating
to the Grant Agreement, the LBC or the Project. Likewise, the Governmental Unit
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shall ensure that the Owner and any Business provide the same access . In addition,
the Governmental Unit agrees to comply at any time , including after the Termination
Date, with any requests by the State (including, without limitation, the Rural
Authority or Commerce) for other financial and organizational materials to permit the
State to comply with its fiscal monitoring responsibilities or to evaluate the short-and
long-range impact of its programs.
10 . Termination; Availability of Funds.
(a). If the Governmental Unit fails to fulfill in a timely and proper manner its obligations
or violates any of the covenants or stipulations under this Agreement, if the Owner
fails to fulfill in a timely and proper manner its obligations or violates any of its
covenants or stipulations under the LBC or if any Business fails to fulfill those
requirements applicable to it in the LBC, the Governmental Unit agrees that
Commerce has the right to terminate this Grant Agreement and/or the LBC by giving,
as applicable, the Governmental Unit or the Governmental Unit and the Owner
written notice specifying the Termination Date, which Commerce may determine in
its sole discretion. Upon such termination, Commerce shall have no responsibility to
make additional Grant payments. Upon such termination, the Governmental Unit
shall not expend any Grant funds (including Loan funds) without Commerce's
express written authorization and shall return all unspent Grant funds to Commerce
upon demand.
(b). The obligations of the Rural Authority and/or Commerce to pay any amounts under
this Grant Agreement are contingent upon the availability and continuation of funds
for such purpose. If funds for the Grant (and therefore the Loan) become unavailable,
the Governmental Unit agrees that Commerce has the right to terminate this Grant
Agreement and/or the LBC by giving written notice specifying the Termination Date,
which Commerce shall determine in its sole discretion. Upon such termination, the
State shall have no responsibility to make additional Grant payments. Further, upon
such termination, the Governmental Unit shall not expend any Grant funds (including
Loan funds) without Commerce 's express written authorization and shall return all
unspent Grant funds to Commerce upon demand.
11. Liabilities and Loss. The Governmental Unit hereby agrees to release, indemnify and hold
harmless the State (including, without limitation, the Rural Authority and Commerce), and
their respective members, officers, directors, employees, agents and attorneys (together, the
"Indemnified Parties"), from any claims of third parties (including, without limitation, the
Owner and the Business) arising out of any act or omission of the Governmental Unit or
any third party (including, without limitation, the Owner and the Business) in connection
with the performance of this Grant Agreement, the LBC or the Project, and for all losses
arising from their implementation. Without limiting the foregoing, the Governmental Unit
hereby releases the Indemnified Parties from, and agrees that such Indemnified Parties are
not liable for, and agrees to indemnify and hold harmless the Indemnified Parties against,
any and all liability or loss, cost or expense, including , without limitation, reasonable
attorneys' fees, fines , penalties and civil judgments, resulting from or arising out of or in
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connection with or pertaining to, any loss or damage to property or any injury to or death of
any person occurring in connection with the Project, or resulting from any defect in the
fixtures , machinery, equipment or other property used in connection with the Project or
arising out of, pertaining to, or having any connection with, the Project or the financing
thereof (whether arising out of acts, omissions, or negligence of the Governmental Unit or
of any third party (including, without limitation, the Owner and the Business), or of any of
their agents , contractors, servants, employees, licensees, lessees, or assignees), including
any claims and losses accruing to or resulting from any and all subcontractors, material
men, laborers and any other person, firm or corporation furnishing or supplying work,
services, materials or supplies in connection with the Project.
12. Governmental Unit Representations and Warranties. The Governmental Unit hereby
represents and warrants that:
(a). The execution and delivery of this Grant Agreement have been duly authorized by all
necessary Governmental Unit action and are not in contravention of law or in
contravention of the provisions of any indenture agreement or undertaking to which
the Governmental Unit is a party or by which it is bound.
(b ). There is no action, suit proceeding, or investigation at law or in equity or before any
court, public board or body pending, or to the knowledge of the Governmental Unit,
threatened against or affecting it, the Owner or the Business, that could or might
adversely affect the Project or any of the transactions contemplated by this Grant
Agreement or the validity or enforceability of this Grant Agreement or the abilities of
the Governmental Unit or the Owner to discharge their obligations under this Grant
Agreement. If it is subsequently found that an action, suit, proceeding, or
investigation did or could threaten or affect the development of the Project, the
Governmental Unit shall be liable to Commerce for repayment of the entire amount of
the Grant and this Grant Agreement may be terminated by Commerce effective upon
notice.
(c). No consent or approval is necessary from any governmental authority as a condition
to the execution and delivery of this Grant Agreement by the Governmental Unit or
the performance of any of its obligations hereunder, or all such requisite
governmental consents or approvals have been obtained. The Governmental Unit
shall provide Commerce with evidence of the existence of any such necessary
consents or approvals at the time of the execution of this Grant Agreement.
(d). The Governmental Unit is solvent.
( e ). A cash match grant, loan or other funding ("Cash Match") equal to the amount of the
Loan shall have been unconditionally committed to the Project. The Governmental
Unit shall have procured and contributed at least five percent (5%) of this Cash
Match, but no part of this 5% contribution can have derived, either directly or
indirectly, from any other State or federal source. All Cash Match funds shall be
utilized exclusively for the purpose of the Project, and there shall be no improper
expenditures of Cash Match funds. All Cash Match funds shall be expended prior to
or simultaneously with and at the same rate as the Owner's expenditure of Loan
funds.
Grant Agreement - 7
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(f). Upon the Governmental Unit's reasonable inquiry of and receipt of supporting
evidence from the Owner, both the Owner and any Business are duly authorized to do
business under North Carolina Jaw and are not delinquent on any federal , state or
local taxes, licenses or fees.
13. Cessation/Termination, Bankruptcy, Dissolution or Insolvency.
(a). Under the LBC, the Owner agrees at all times to preserve its legal existence, except
that it may merge or consolidate with or into, or sell all or substantially all of its
assets to , any entity that expressly undertakes, assumes for itself and agrees in writing
to be bound by all of the obligations and undertakings of the Owner contained in the
LBC. If the Owner so merges, consolidates or sells its assets without such an
undertaking being provided, it agrees in the LBC to repay to the Governmental Unit
or Commerce, upon request and as directed, all unspent Loan funds. Further, a
merger, consolidation or sale without such an undertaking shall constitute a material
default under the LBC, and the Governmental Unit or Commerce may terminate the
LBC upon written notice to the Owner and hold the Owner liable for any other
repayment provided for under the LBC.
(b). Other than as provided for in Paragraph I3(a) above, if the Owner or any Business
ceases to do business or becomes the subject of any bankruptcy, dissolution or
insolvency proceeding prior to the Termination Date, it shall be the sole responsibility
of the Governmental Unit to (i) immediately notify Commerce and (ii) pursue any
claim for Grant funds owed the State by the Owner or Business, including in any
legal proceeding, to obtain the maximum payment allowed by law . To the extent the
Governmental Unit fails to pursue repayment of the Grant funds in such a proceeding
and obtain the maximum payment allowed by law, and without limitation, the
Governmental Unit shall be liable to Commerce for all amounts that should have been
awarded to the Unit in the proceeding if it had taken the necessary action
(notwithstanding whether such amounts would have actually been paid by the Owner
or Business). Alternatively, without limitation, if the Governmental Unit fails to
pursue repayment of the Grant funds in such a proceeding and Commerce elects to do
so instead, the Governmental Unit is responsible and agrees to reimburse Commerce
for all legal costs and reasonable attorneys ' fees that Commerce incurs in pursuing
repayment.
(c). If the Governmental Unit fails to provide Commerce notice of the Owner or any
Business ceasing to do business or becoming the subject of any bankruptcy,
dissolution or insolvency proceeding prior to the Termination Date, it shall constitute
a material default under this Grant Agreement. If there is such a cessation or such a
proceeding, Commerce may terminate the Grant Agreement upon written notice to
the Governmental Unit. If there is such a cessation or such a proceeding, the
Governmental Unit agrees that Commerce has the right to terminate this Grant
Agreement and/or the LBC by giving, as applicable, the Governmental Unit or the
Governmental Unit and the Owner written notice specifying the Termination Date,
which Commerce may determine in its sole discretion. Upon such termination, the
Governmental Unit, the Owner and any Business shall not expend any Grant or Loan
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funds without Commerce 's express written authorization and shall return all unspent
Grant or Loan funds to Commerce upon demand and if permissible under applicable
bankruptcy, dissolution or insolvency law.
14. Additional Repayment Requirements and Remedies.
(a). The repayment requirements and remedies addressed in this Paragraph 14 are in
addition to those repayment requirements and other remedies set forth elsewhere in
this Grant Agreement, including the requirements to repay unspent Grant funds. No
remedy conferred or reserved by or to the State is intended to be exclusive of any
other available remedy or remedies, but each and every such remedy shall be
cumulative and shall be in addition to every other remedy provided for in this Grant
Agreement, or now or hereinafter existing at law, in equity, or by statute, and any
such right or power may be exercised from time to time and as often as may be
deemed expedient.
(b ). If there is a breach of any of the requirements, covenants or agreements in this Grant
Agreement or the LBC , or if there are any representations or warranties which are
untrue as to a material fact in this Grant Agreement, the LBC or in relation to the
LBC or the Project (including the performance thereof), the Governmental Unit
agrees that Commerce has the sole discretion to require repayment from the
Governmental Unit of an amount of Grant funds to be determined in Commerce 's
sole discretion but not to exceed the amount of Grant funds the Governmental Unit
has already received under this Grant Agreement. Such requirements, covenants or
agreements include but are not limited to Paragraphs 1, 2(a), 4 , lO(a), 12 and 13 of
this Grant Agreement and include but are not limited to the creation and retention of
the New Jobs and the retention of the Baseline Number of jobs under the LBC .
15. No Waiver by the State. Failure of the State (including, without limitation, the Rural
Authority and Commerce) at any time to require performance of any term or provision of
this Grant Agreement or the LBC shall in no manner affect the rights of the State at a later
date to enforce the same or to enforce any future compliance with or performance of any of
the terms or provisions hereof. No waiver of the State of any condition or the breach of any
term, provision or representation contained in this Grant Agreement or the LBC, whether
by conduct or otherwise, in any one or more instances, shall be deemed to be or construed
as a further or continuing waiver of any such condition or of the breach of that or any other
term, provision or representation.
16. Waiver of Objections to Timeliness of Legal Action. The Governmental Unit knowingly
waives any objections it has or may have to timeliness of any legal action (including any
administrative petition or civil action) by the State (including, without limitation, the Rural
Authority or Commerce) to enforce its rights under this Grant Agreement. This waiver
includes any objections the Governmental Unit may possess based on the statutes of
limitations or repose and the doctrines of estoppel or !aches.
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17. Force Majeure. If (a) during the term of this Grant the real or personal property located on
or constituting the Property suffers damage or destruction caused by acts of God, fires,
floods , storms, insurrection, riots , acts of the public enemy, national catastrophe, or similar
unexpected events, (b) such damage or destruction was not principally caused by the
negligence, willful misconduct or violation of applicable law by the Owner, ( c) the Owner
uses reasonable efforts to repair, or to work around, such damage or destruction reasonably
promptly, and ( d) as a direct result of such damage or destruction the Owner cannot satisfy
the requirements and obligations of Sections 3 of the LBC as and when the LBC requires,
then the Owner will be entitled to an extension oftime not to exceed sixty (60) days to
satisfy the requirements and obligations of Section 3 of the LBC ; provided that the
Governmental Unit in its sole discretion with respect to the obligations it is owed by the
Owner, may elect to extend that sixty day period to give the Owner additional time to
satisfy those requirements.
18. Special Provisions and Conditions.
(a). Non-discrimination. The Governmental Unit agrees not to discriminate by reason of
age, race, religion, color, sex, national origin or disability related to the activities of
this Grant Agreement.
(b ). Conflict of Interest. The Governmental Unit shall adopt and keep on file, along with
the executed copies of this Grant Agreement, a copy of its policy and any ordinance
or resolution it has adopted addressing conflicts of interest that may arise involving
the members of the Governmental Unit's governing body and/or any of its employees
or officers involved in the Grant, the LBC or the Project. Such policy, ordinance or
resolution shall address situations in which any of these individuals may directly or
indirectly benefit, other than through receipt of their normal compensation in their
capacities as the Governmental Unit 's employees, officers or members of its
governing body, from the Grant, the LBC or Project, and shall include actions to be
taken by the Unit or the individual, or both, to avoid conflicts of interest and the
appearance of impropriety. Additionally, the Governmental Unit certifies that, as of
the date it executes this Grant Agreement, no such individuals have such a conflict of
interest or will directly or indirectly benefit, except in the capacities described above ,
from the Grant, LBC or Project. Throughout the duration of this Grant Agreement,
the LBC and the Project, the Governmental Unit has the duty to promptly inform
Commerce of any such conflict of interest or direct or indirect benefit of which it
becomes aware .
(c). Compliance with Laws. The Governmental Unit shall at all times observe and
comply with all laws, regulations, codes, rules, ordinances and other requirements
(together, "Laws") of the state, federal and local governments which may in any
manner affect the performance of the Grant Agreement, the LBC or the Project.
(d). Non-Assignability. The Governmental Unit shall not assign or transfer any interest in
the Agreement without the prior written consent of Commerce; provided, however,
that claims for money due to Governmental Unit from Commerce under this
Agreement may be assigned to any commercial bank or other financial institution
without such approval.
Grant Agreement - I 0
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(e). Personnel. The Governmental Unit represents that it has, or will secure at its own
expense, all personnel required to monitor, carry out and perform the scope of
services of this Agreement. Such employees shall not be employees of Commerce.
Such personnel shall be fully qualified and shall be authorized under state and local
law to perform such services.
19 . Notice. All notices required or permitted to be delivered hereunder and all communications
in respect hereof shall be in writing and shall be deemed given when personally delivered
or when deposited in the United States mails , certified, return receipt requested, first class,
postage prepaid and addressed as follows:
If to the Rural Authority or Commerce: Attn: Hazel Edmond
Program Manager
If to the Governmental Unit:
North Carolina Department of Commerce
Rural Economic Development Division
301 North Wilmington Street
4346 Mail Service Center
Raleigh, North Carolina 27699-4346
Attn: Mr. C. Gordon Springle
Chairman
Harnett County
PO Box 759
Lillington, NC 27546
or addressed to such other address or to the attention of such other individual as Commerce
or the Governmental Unit shall have specified in a notice delivered pursuant to this
subsection.
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20. Entire Agreement. This Grant Agreement supersedes all prior agreements between or
among the Rural Authority and/or Commerce and the Governmental Unit with regard to the
Project and expresses their entire understanding with respect to the transactions
contemplated herein, and shall not be amended, modified or altered except pursuant to a
writing signed by both Commerce and the Governmental Unit.
21 . Execution. This Grant Agreement may be executed in one or more counterparts, each of
which, when executed, shall be deemed an original , and such counterparts, together, shall
constitute one and the same Grant Agreement which shall be sufficiently evidenced by one
of such original counterparts.
22. Construction. This Grant Agreement shall be construed and governed by the Jaws of the
State of North Carolina.
23. Severability. Each provision of this Grant Agreement is intended to be severable and, if
any provision of this Agreement is held to be invalid, illegal or unenforceable in any
respect, such invalidity, illegality or unenforceability shall not affect or impair any other
provision of this Grant Agreement, but this Grant Agreement shall be construed as if such
invalid, illegal or unenforceable provision had not been contained herein.
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24. Acceptance. If the Governmental Unit agrees to the Grant conditions as stated, please
return the executed documents specified in Paragraph l(a). This Grant may be withdrawn
if Commerce has not received such documents within thirty (30) days from the date of the
cover letter from Commerce to the Governmental accompanying this Grant Agreement and
its Exhibits.
IN WITNESSETH WHEREOF, the parties hereto have executed this Grant Agreement as of the
date first above written.
Harnett County
Signature: [SEAL]
Printed Name:
Title:
Date:
North Carolina Department of Commerce
Signature: [SEAL]
Printed Name: Kenny Flowers
Title: Assistant Secretary for Rural Economic Development
Date: 7/15/19
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BUILDING REUSE PROGRAM -Vacant
Harnett County
KriGen/Project Ace
EXHIBIT A
SCOPE OF PROJECT
2019-145-3201-2587
Summary: The project will support the reuse ofa 59,314 SF building located at 800 Edwards Brother Drive in Lillington. The
building was constructed in 1994 and has been vacant for one year. KriGen is a start-up company that will manufacture
medical IV bags and liquid injectables.
EXHIBIT B
PAYMENT SCHEDULE
Eligible Expenditures:
Vacant Building Category: within the existing building footprint
Existing Business Building Category: within the existing building and/or additions
Rural Health Care Category: within the existing building. additions and/or new construction
Eligible costs under all funding categories include, but are not li mited to: materials and labor to install HY AC, electrical ,
plumbing, fire alann/suppression systems, roofing , flooring, carpentry, drywall , paint, etc. This is not an exhaustive list ;
grantees should contact the Rural Development Division for questions about whether a specific expense is eligible under the
program.
The following costs are speci fically prohibited under the program and may not be submitted for reimbursement or the
matching funds requirement: building purchase, architectural costs, engineering costs, permit fees , surveys, legal fees,
machinery & equipment, telephone hardware and software, computer hardware and software, furni shings, paving, fencing,
kitchen equipment, refrigeration equipment, etc. This is not an exhaustive list; grantees should contact the Rural Development
Division for questions about whether a specific expense is eligible under the program.
Any company in which any project partner has an ownership or management interest in may act as a contractor for the
renovation project only if the company holds a valid NC General Contractors license. The relationship must have been
disclosed to the Rural Development Division and a copy of the company's licen se must have been included in the application .
Licensed contracting companies owned or operated by any project partner that are used in the renovation project will be
required to submit original in voices from the provider for all labor, materials, services and subcontracted work plus proof that
those invoices have been paid in full.
Reimbursement Requirements:
The Department of Commerce will reimburse 50% of eligible expenditures up to the total grant amount upon receipt of the
following:
1 . A completed financial request form,
2. Evidence that the 5% local government match ha s been satisfied (first payment request),
3. Copies of eligib le project invoices that support the request amount,
4. Evidence that the invoices submitted for reimbursement have been paid-in-full. Evidence may include copies cleared
checks, wire transfer or ACH receipts, and/or credit card receipts. Invoices paid with cash and those not paid in full wi ll
not be reimbursed, and
5. Satisfaction of reporting requirements according to Exhibit C below.
Eligible expenditures may not be incurred prior to th e effective date or subsequent to the termination date of the grant.
Payments are subject to the availability of funds.
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BUILDING REUSE PROGRAM -Vacant
Harnett County
KriGen/Project Ace
EXHIBITC
REPORTING SCHEDULE
2019-145-3201-2587
Progress reports are due on January I 5t h and July 15 th for each year that the grant remains open. The final report and job verification
documentation are due at the time of project completion or no later than 30 days after the grant end-date, whichever is sooner. The
reporting schedule remains in effect for the duration of the grant including time extensions.
Failure to submit progress reports as required:
1. Will result in non-payment of payment requests,
2. Can result in the immediate termination of the grant,
3. Can result in the demand for immediate repayment of any funds paid by The Department of Commerce, and
4. Will negatively impact the grantee's eligibility for future Commerce grants.
EXHIBIT D
JOB VERIFICATION AND CLOSE OUT REQUIREMENTS
Building Reuse and Rural Health Care loans are eligible for forgiveness once the creation and maintenance of the full-time
jobs committed for the project, as well as, all reporting requirements are approved by Commerce. Below are the requirements
and procedure for approval.
Job Verification
To be considered eligible, a full-time job must be filled with one employee who works at least 35 hours per week and is paid
at least minimum wage. Part-time, full-time equivalents, or contract/consulting positions are not eligible.
Grantees should submit the following as evidence of job creation and maintenance:
1. Job Certification Form-both the grantee and the participating business are required to complete respective sections of
this form that attests to the creation of the number of jobs full-time jobs committed to receive the grant. The form must
be signed by the authorized representatives of the local government grantee and the participating business.
2. NCUI 101 Forms-The grantee should submit copies of each company's Employer 's Quarterly Tax and Wage Report
(NCUI 101 forms) that have been submitted to the North Carolina Employment Security Commission according to the
requirements below.
• NCUI 101 Forms should be submitted to C ommerce.
• The forms must include the appropriate number of quarters to show that the company maintained the required
employment level for six-consecutive months.
• The employment level reported must meet or exceed the baseline number of employees reported at the time of the
application plus the number of new, full-time jobs committed for the grant.
• The jobs created and the baseline must be maintained concurrently during the same six-month period.
• If the NCUI 101 forms include employees from other locations in North Carolina, the names of the employees
working in the grant funded project facility should be highlighted, and a multi-site report should be provided.
• If the NCUI 101 forms include both full and part-time employees an "f' should be written next to the name of each
full-time employee and a "p" should be written next to the name of each part-time employee.
3. Final Report-the grantee must submit the Final Report Form that describes the activities and outcomes of the project.
4. Photos-the grantee must submit digital photos on CD that show a variety of views of the completed project.
All forms, including reporting and request for payment, can be found on the Commerce website at
http ://www .nccommerce .com/rd/rural-grants-programs/forms . Email completed forms and reports to
rgpreports@nccommercc.com .
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Legally Binding Commitment, Private Owner
BUILDING REUSE PROGRAM
EXHIBIT E
2019-145-3201-2587
Harnett County (the "Governmental Unit") enters into this Loan Agreement and Legally
Binding Commitment (the "LBC," including the "Loan," defined below with PRAXAN LLC
(the "Owner" and , together with the Governmental Unit, the "Parties").
WHEREAS , pursuant to N.C.G.S. §§143B-472.127 and .128 , the North Carolina Rural
Infrastructure Authority (the "Rural Authority") of the State of North Carolina ("State") has
awarded a grant (the "Grant") to the Governmental Unit, and the North Carolina Department of
Commerce ("Commerce"), an agency of the State, will administer the Grant; and
WHEREAS, the Grant is memorialized in an agreement (the "Grant Agreement")
between Commerce and the Governmental Unit, and the Grant Agreement includes Exhibit A
(Scope of Project), Exhibit B (Payment Schedule), Exhibit C (Reporting Schedule), Exhibit D
(Closeout Schedule/Job Requirements), Exhibit E (this LBC, which incorporates by reference the
Grant Agreement and its other Exhibits), Exhibit F (Promissory Note) and Exhibit G (Waiver of
Confidentiality ("Waiver")); and
WHEREAS, without limitation, the Rural Authority awarded the Grant: ( 1) based on the
application filed by the Governmental Unit and any subsequent materials supporting the
application that have been approved ofby Commerce in writing, all of which are incorporated
into the Grant Agreement by reference; (2) based on the representation in the application that the
Owner owns certain real property located at:
800 Edwards Brother Drive
Lillington, NC 2 7 546
in Harnett County, North Carolina (the "Property"); (3) based on Commerce 's Grant
requirements and guidelines, which are incorporated herein and which may be amended,
modified or supplemented and applied accordingly to the Grant Agreement and this LBC by
Commerce in its sole discretion ; and for ( 4) the creation and retention of certain jobs in the
course of completing certain renovations/construction work at the Property (altogether, the
"Project," as summarized in Exhibit A to this Grant Agreement); and
WHEREAS, the Governmental Unit and the Owner are required to enter into this LBC as
a condition of the Governmental Unit loaning the Grant funds to the Owner.
NOW, THEREFORE, in consideration of the mutual promises and such other valuable
consideration set out herein, the Parties mutually agree to the following terms and conditions:
1. Third-Party Beneficiary. The Parties agree that the State (including, without limitation,
Commerce and the Rural Authority) is an intended third -party beneficiary of this LBC
(including the Loan) and may, at its option, enforce the terms of this LBC or appear as a
party in any litigation concerning the LBC.
2. Loan.
(a) The Governmental Unit hereby loans to the Owner the sum of $500,000.00 (the
"Loan"), which consists entirely of State Grant funds , to fund the Project. Exhibit A
to the Grant Agreement refers to the entity (or entities, as applicable) required to
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create and maintain certain full-time new jobs, as defined in Paragraph 3(a), to
complete the Project under this LBC as the "Company," the "Employer" and the
"Business" (together and hereinafter, the "Business"). The Owner specifically
acknowledges that: it must repay the Loan in accordance with the terms ofthis LBC if
the Business does not create and maintain the new jobs required by Paragraph 3(a)
below; and as evidence of its obligation to repay the Loan, the Owner has executed
the Promissory Note, Exhibit F to the Grant Agreement, which the Owner represents,
acknowledges and agrees has been signed by every individual or entity that has any
ownership interest in the Property and is fully binding on the Owner.
(b ). As conditions of receiving the Loan:
1. The highest elected official of the Governmental Unit and a duly authorized
representative of the Owner shall execute two originals of the LBC in its exact
form (unless Commerce approves of a change to its terms in writing), and the
Governmental Unit shall return one such original to Commerce;
11. Every individual or entity that has any ownership interest in the Property shall
execute two originals of the Promissory Note in its exact form, and the
Governmental Unit shall return one such original to Commerce; and
111. The Owner and the Governmental Unit shall ensure that an authorized
representative of each Business executes a Waiver, Exhibit G to the Grant
Agreement, and the Governmental Unit shall forward the original of any such
Waiver to Commerce.
(c). The Owner hereby represents and warrant s that all Loan funds shall be utilized
exclusively for the purpose of the Project and that it shall not make or approve of any
improper expenditures of Loan funds.
3. New Job Creation, Maintenance of New Jobs and Baseline Number of Jobs and
Verification.
(a). New Job Creation and Maintenance of New Jobs and Baseline Number of Jobs. A
"New Job" shall mean a full-time job ( consisting of at least 35 hours per week of
employment and eligibility for all benefits generally available for full-time employees
of the Business) which is with the Business, is located in North Carolina, has a wage
at least equal to the minimum wage , is created and maintained by the Business in
order to complete the Project and is over and above the O full-time jobs in North
Carolina ("Baseline Number") that the Business reported having at the time of the
application for the Project. The Owner agrees that the Business shall be required to
create and maintain in existence for six (6) consecutive months 64 New Jobs prior to
the Termination Date, unless this term is extended pursuant to Paragraph 5. Separate
and apart from these New Jobs, the Owner agrees that the Business shall be required
to maintain in existence its Baseline Number of jobs for as Jong as it takes the
Business to create and maintain its required number of New Jobs.
(b). Verification. When the New Jobs required by Paragraph 3(a) have been created and
maintained for six ( 6) consecutive months, the Owner shall notify the Governmental
Unit so that it and/or Commerce can verify their creation and maintenance, as well as
the maintenance of the Baseline Number of jobs and the satisfaction of all other
conditions and terms of this LBC and the Project. The Owner shall cause any
Business to provide to the Governmental Unit and Commerce, or their respective
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designees , full and complete access to all records of the Business necessary to verify
the number and types of jobs created and maintained, the wages paid to employees
and all other conditions and terms of this LBC and the Project. Failure of any
Business to provide such access upon request shall constitute a material default by the
Owner under the terms of this LB C and, in the sole discretion of the Governmental
Unit and/or Commerce, may subject the Owner to repayment in an amount calculated
under Paragraph 13 below.
4. Changes in the Project or Other Conditions.
(a). A "Project Change" is an y material alteration , addition , deletion or expansion of the
Project, including (without limitation) material changes to construction or
rehabilitation, the terms or conditions of the loan under the LBC , the required number
of New Jobs, the matching investment in the Project, any cessation of business by the
Owner or any Business and any filing of bankruptcy by the Owner or any Business.
There shall be no Project Changes unless expressly approved of by Commerce and
the Governmental Unit in a separate, prior written agreement stating, if applicable, the
costs and schedule for completing the Project Change.
(b ). Additionally, the Owner shall immediately notify the Governmental Unit of any
change in conditions or local law , or any other event, which may significantly affect
the ability of it or any Business to perform the LBC or the Project. In their sole
discretion , the Governmental Unit or Commerce may deem such a change in
conditions, local law or other event to constitute a Project Change.
5. Term of LBC. The effective period of this LBC shall commence 6/20/2019 ("Effective
Date ") and shall terminate 6/20/2021 unless terminated on an earlier date under the terms of
this LBC ( either one of which dates shall con stitu te the "Termination Date") or unless
extended for an express term in writing by the Governmental Unit.
6. Independent Status of the Governmental Unit.
(a). The State (including, without limitation, the Rural Authority and Commerce) and the
Governmental Unit are independent entities from one another and from the Owner
and any third party (including, without limitation, any Business). The Grant
Agreement, the LBC , the Project and any actions taken pursuant to them shall not be
deemed to create a partnership or joint venture between the State and the
Governmental Unit or between or among either of them and the Owner or any third
party (including, without limitation, any Business). Nor shall the Grant Agreement,
the LBC or the Project be construed to make any employees, agents or members of
the Owner or any third party (including, without limitation, any Business) into
employees, agents, members or officials of the Governmental Unit or the State or to
make employees, agents, members or officials of the Governmental Unit into
employees, agents, members or officials of the State. Neither the Owner nor any third
party (including, without limitation, any Business) shall have the ability to bind the
Governmental Unit or the State to any agreement for payment of goods or services or
represent to any person that they have such ability. Nor shall the Governmental Unit
have the ability to bind the State to any agreement for payment of goods or services
or represent to any person that it has such ability.
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(b). The Owner and any third party (including, without limitation, any Business) shall be
responsible for payment of all their expenses, including rent, office expenses and all
forms of compensation to their employees. The Owner and any third parties
(including, without limitation, any Business) shall provide worker's compensation
insurance to the extent required for their operations and shall accept full responsibility
for payments of unemployment tax or compensation, social security, income taxes,
and any other charges, taxes or payroll deductions required by law in connection with
their operations, for themselves and their employees who are performing work
pursuant to this LBC or the Project. All expenses incurred by the Owner or any third
party (including, without limitation, any Business) are their sole responsibilities, and
neither the Governmental Unit nor the State (including, without limitation, Commerce
and the Rural Authority) shall be liable for the payment of any obligations incurred in
the performance of the Project.
7. Project Records.
(a). The Owner shall maintain and cause any Business to maintain full, accurate and
verifiable financial records, supporting documents and all other pertinent data for the
Project in such a manner as to clearly identify and document the expenditure of the
State funds provided under this LBC separate from accounts for other awards,
monetary contributions or other revenue sources for this Project.
(b ). The Owner shall retain and cause any Business to retain all financial records,
supporting documents and all other pertinent records related to this LBC, the Loan
and the Project for a period of five (5) years from the Termjnation Date. In the event
such records are audited, all such records shall be retained beyond the five-year
period until the audit is concluded and any and all audit findings have been resolved.
8. Monitoring, Reports and Auditing. The Owner agrees to generate and to cause any
Business to generate such reports regarding the LBC or the Project as may be requested by
the Governmental Unit or the State (including, without limitation, the Rural Authority or
Commerce) in such form as they may request, including after the Termjnation Date. The
Owner further grants and shall cause any Business to grant the Governmental Unit or the
State (including any of its agencies, commissions or departments such as Commerce, the
North Carolina State Auditor and the North Carolina Office of State Budget and
Management) and any of their authorized representatives, at all reasonable times and as
often as necessary (including after the Termination Date), access to and the right to inspect,
copy, monitor and examine all of the books, papers, records and other documents relating
to the LBC or the Project. In addition, the Owner agrees to comply and to cause any
Business to comply at any time, including after the Termination Date, with any requests by
the State (including, without limitation, the Rural Authority or Commerce) for other
financial and organizational materials to permit the State to comply with its fiscal
monitoring responsibilities or to evaluate the short-and long-range impact of its programs.
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9. Termination; Availability of Funds .
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(a). If the Owner fails to fulfill in a timely and proper manner its obligations or violates
any of its covenants or stipulations under the LBC or if any Business fails to fulfill
those requirements applicable to it in the LBC , the Owner agrees that the
Governmental Unit or Commerce has the right to terminate the LBC by giving the
Owner written notice specifying the Termination Date, which shall be detennined by
the Governmental Unit or Commerce in their sole discretion. Upon such termination,
neither the State nor the Governmental Unit shall have any responsibility to make
Loan payments. Further, upon such termination, the Owner shall not expend any
Loan funds without the express written authorization of the Governmental Unit and
Commerce and shall return all unspent Loan funds to either the Governmental Unit or
Commerce, upon request and as directed.
(b). If the Governmental Unit fails to fulfill in a timely and proper manner its obligations
or violates any of the covenants or stipulations under its Grant Agreement with
Commerce, the Owner agrees that Commerce has the right to terminate its Grant
Agreement with the Governmental Unit and/or terminate this LBC by giving, as
applicable, the Governmental Unit or the Governmental Unit and the Owner written
notice specifying the Termination Date, which Commerce may determine in its sole
discretion. Upon such termination, neither the State nor the Governmental Unit shall
have any responsibility to make Loan payments. Further, upon such termination, the
Owner shall not expend any Loan funds without the express written authorization of
the Governmental Unit and Commerce and shall return all unspent Loan funds to
either the Governmental Unit or Commerce, upon request and as directed.
(c). The obligations of the Rural Authority and/or Commerce to pay any Grant funds to
the Governmental Unit and for the Governmental Unit to pay any Loan amounts to
the Owner under this LBC are contingent upon the availability and continuation of
funds for such purpose. If funds for the Grant and therefore the Loan become
unavailable , the Owner agrees that either Commerce or the Governmental Unit has
the right to terminate this LBC by giving written notice specifying the Termination
Date, which either the Governmental Unit or Commerce may determine in their sole
discretion. Upon such termination, neither the State nor the Governmental Unit shall
have any responsibility to make Loan payments. Further, upon such termination, the
Owner shall not expend any Loan funds without the express written authorization of
the Governmental Unit and Commerce and shall return all unspent Loan funds to the
Governmental Unit or Commerce, upon demand and as directed.
10. Liabilities and Loss. The Owner hereby agrees to release, indemnify and hold harmless the
Governmental Unit and the State (including the Rural Authority and Commerce), and their
respective members, officers , directors, employees, agents and attorneys (hereinafter
collectively referred to as "Indemnified Parties"), from any claims of third parties
(including, without limitation, any Business) arising out of any act or omission of the
Owner or any third party (including, without limitation, any Business) in connection with
the performance of this LBC or the Project, and for all losses arising from implementation
of this LBC or the Project. Without limiting the foregoing, the Owner hereby releases the
Indemnified Parties from, and agrees that such Indemnified Parties are not liable for, and
agrees to indemnify and hold harmless the Indemnified Parties against, any and all liability
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or loss , cost or expense, including, without limitation, reasonable attorneys ' fees , fines ,
penalties and civil judgments, resulting from or arising out of or in connection with or
pertaining to, any loss or damage to property or any injury to or death of any person
occurring in connection with the Project, or resulting from any defect in the fixtures,
machinery, equipment or other property used in connection with the Project or arising out
of, pertaining to , or having any connection with, the Project or the financing thereof
(whether or not arising out of acts, omissions or negligence of the Owner or of any third
party (including, without limitation, any Business), or of any of their agents, contractors,
servants, employees, licensees, lessees, or assignees), including any claims and losses
accruing to or resulting from any and all subcontractors, material men , laborers and any
other person, firm or corporation furnishing or supplying work, services, materials or
supplies in connection with the Project.
11. Owner Representations and Warranties. The Owner hereby represents and warrants that:
(a). The Owner and every Business are duly authorized to do business under North
Carolina law and are not delinquent on any federal, state or local taxes, licenses or
fees.
(b ). This LBC has been entered into and executed on behalf of the Owner by an individual
with full actual and apparent authority to bind the Owner to the terms hereto, and the
execution and delivery of this LBC have been duly authorized by all necessary action,
and are not in contravention of law nor in contravention of any certificate of
authority, bylaws or other applicable organizational documents of the Owner, nor are
they in contravention of the provisions of any indenture, agreement or undertaking to
which the Owner is a party or by which it is bound.
(c). The Promissory Note has been executed by every individual or entity that has any
ownership interest in the Property and is fully binding on the Owner.
(d). There is no action, suit, proceeding or investigation at law or in equity before any
court, public board or body pending, or, to the Owner 's knowledge , threatened
against or affecting the Owner, that could or might adversely affect the Project, the
creation of the New Jobs or any of the transactions contemplated by this LBC, or the
validity or enforceability of this LBC or the Owner's ability to discharge its
obligations under this LBC.
(e). Upon the Owner's reasonable inquiry of any Business, there is no action , suit,
proceeding or investigation at law or in equity before any court, public board or body
pending, threatened against or affecting any Business that could or might adversely
affect the Project, the creation of the Jobs or any of the transactions contemplated by
this LBC or the validity or enforceability of this LBC or the ability of any Business to
create the Jobs specified herein.
(f). No consent or approval i s necessary from any governmental authority as a condition
to the execution and delivery of this LBC by the Owner or the performance of any of
its obligations hereunder, or else all such requisite governmental consents or
approvals have been obtained. The Owner shall provide the Governmental Unit or
Commerce with evidence of the existence of any such necessary consents or
approvals at the time of the execution of this LBC.
(g). T he Owner is solvent and has inquired of and received reasonable evidence from any
Business of the solvency of that Business.
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(h). A cash match grant, loan or other funding ("Cash Match") equal to the amount of the
Loan shall have been unconditionally committed to the Project. The Governmental
Unit shall have procured and contributed at least five percent (5%) of this Cash
Match, but no part of this 5% contribution can have derived , either directly or
indirectly, from any other State or federal source. The Owner hereby represents and
warrants that all Cash Match funds shall be utilized exclusively for the purpose of the
Project and that it shall not make or approve of improper expenditures of Cash Match
funds. The Owner shall expend all Cash Match funds prior to or simultaneously with
and at the same rate as its expenditure of Loan funds.
12 . Cessation/Termination, Bankruptcy, Dissolution or Insolvency.
(a). The Owner shall at all times preserve its legal existence, except that it may merge or
consolidate with or into or sell all or substantially all of its assets to any entity that
expressly undertakes, assumes for itself and agrees in writing to be bound by all of
the obligations and undertakings of the Owner contained in this LBC. If the Owner
so merges , consolidates or sells its assets without such an undertaking being provided,
it agrees to repay to the Governmental Unit or Commerce, upon request and as
directed, all unspent Loan funds. Further, any merger, consolidation or sale without
such an undertaking shall constitute a material default under this LBC, and the
Governmental Unit or Commerce may terminate the LBC upon written notice to the
Owner and hold the Owner liable for any other repayment provided for under this
LBC.
(b). Other than as provided for in Paragraph 12(a), if the Owner or any Business ceases to
do business or becomes the subject of any bankruptcy, dissolution or insolvency
proceeding prior to the Termination Date, the Owner shall give the Governmental
Unit immediate notice of the event, shall not expend any Loan funds without the
express written authorization of the Governmental Unit and shall return all unspent
Loan funds to the Governmental Unit or Commerce, upon demand and as directed
and if permissible under applicable bankruptcy, dissolution or insolvency law.
(c). If the Owner fails to provide the Governmental Unit notice of the Owner or any
Business ceasing to do business or becoming the subject of any bankruptcy,
dissolution or insolvency proceeding prior to the Termination Date, it shall constitute
a material default under this LBC. If there is such a cessation or such a proceeding,
the Governmental Unit or Commerce may terminate the LBC upon written notice to
the Owner. Upon such termination, the Owner shall not expend any Loan funds
without the express written authorization of the Governmental Unit and shall return
all unspent Loan funds to the Governmental Unit or Commerce upon demand and as
directed and if permissible under applicable bankruptcy, dissolution or insolvency
law.
d). Notwithstanding the foregoing and wherever referred to in this LBC , "ceases to do
business" shall not include ( 1) ceasing operations to maintain , service or upgrade real or
personal property of the Owner, (2) season shutdowns of operations as long as such
ce ss ation doe s not exceed a total of four (4) weeks in any calendar year (excluding time
attributable to an event of force majeure as described below) and (3) under the
circum stances for the period of time des cribed in Paragraph 22 below.
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13. Additional Repayment Requirements and Remedies.
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(a). The repayment requirements and remedies addressed in this Paragraph 13 are in
addition to those repayment requirements and other remedies set forth elsewhere in
this LBC, including the requirements to repay unspent Loan funds . No remedy
conferred or reserved by or to the State or the Governmental Unit is intended to be
exclusive of any other available remedy or remedies, but each and every such remedy
shall be cumulative and shall be in addition to every other remedy provided for in this
LBC, or now or hereinafter existing at law, in equity, or by statute, and any such right
or power may be exercised from time to time and as often as may be deemed
expedient.
(b). The Owner acknowledges that the Grant by the Rural Authority and the Loan by the
Governmental Unit are predicated upon the creation and maintenance of the New
Jobs and maintenance of the Baseline Number of jobs required by Paragraph 3(a) and
that fai lure to create and/or maintain them will constitute a material default of this
LBC.
1. If the Business fails to create and maintain such New Jobs, then the Owner shall
repay to the Governmental Unit or Commerce, as directed, an amount equal to
the product of (i) $7,812.50 (the amount of Loan funds divided by the number
of New Jobs required to be created in Paragraph 3(a) and (ii) the number of
New Jobs required to be created in Paragraph 3(a), minus the number of New
Jobs actually created, above the Baseline Number reported , that have been in
existence for six (6) consecutive months .
11. Additionally, in the event that the Business fails to maintain its Baseline
Number of jobs as required under Paragraph 3(a), the Business shall lose credit
for any qualifying New Jobs under this LBC by the same number of jobs that
the Baseline Numbe r is short. For example, if the Baseline Number of jobs falls
short by three (3) jobs as of the date the Business has created and maintained all
required New Jobs, the number of New Jobs deemed created and maintained
shall be reduced by three (3). The amount the Business must repay shall then
be calculated in accordance with Paragraph l 3(b )i.
111. Either Commerce or the Governmental Unit shall notify the Owner in writing of
the amount to be repaid and direct the Owner whether to repay such amount to
the Governmental Unit for return to Commerce or repay the amount directly to
Commerce . All such amounts shall be due immediately upon demand by the
Governmental Unit or Commerce. If not paid within thirty (30) days following
demand, the unpaid amount due hereunder and under the Promissory Note shall
bear interest at the rate of I 0% per annum after demand until paid. Upon
default in such payment, the Governmental Unit or Commerce may employ an
attorney to enforce their respective rights and remedies, and the Owner hereby
agree s to pay the legal costs and reasonable attorneys ' fees of the Governmental
Unit and Commerce plus all other reasonable expenses incurred by such party
in exercising any of its rights and remedies upon such defaults.
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(c). If there is a breach of any of the requirements , covenants or agreements in this LBC
(including, without limitation, a failure to repay the amount required under Paragraph
13(b) within the time required), or if there are any representations or warranties which
are untrue as to a material fact in this LBC or in relation to the LBC or the Project
(including the performance thereof), the Owner agrees that the Governmental Unit or
Commerce may require repayment from the Owner of an amount of Loan funds to be
determined in their sole discretion but not to exceed the amount of Loan funds the
Owner has already received under this LBC. Such requirements, covenants or
agreements include but are not limited to Paragraphs 2 , 3 , 4, 9, 11 and 12 of this LBC.
14 . N o Waiver by Governmental Unit or the State. Failure of the Governmental Unit or the
State (including, without limitation, the Rural Authority and Commerce) at any time to
require performance of any term or provision of this LBC shall in no manner affect the
rights of the Governmental Unit or the State at a later date to enforce the same or to enforce
any future compliance with or performance of any of the terms or provisions hereof. No
waiver of the Governmental Unit or the State of any condition or the breach of any term ,
provision or representation contained in this LBC , whether by conduct or otherwise, in any
one or more instances, shall be deemed to be or construed as a further or continuing waiver
of any such condition or of the breach of that or any other term, provision or representation.
15 . Waiver of Objections to Timeliness of Legal Action. The Owner knowingly waives any
objections it has or may hav e to timeliness of any legal action (including any administrative
petition or civil action) by the Governmental Unit or the State (including Commerce) to
enforce their rights under this LBC. This waiv er includes any objections the Owner may
posses s b ased on the statutes of limitations or repose and the doctrines of estoppel or
!aches.
16 . Special Provisions and Conditions.
(a). Nondiscrimination. The Owner agrees that it will not, and will ensure that the
Business will not, discriminate by reason of age, race, religion, color, s ex, national
origin or disability related to the activities ofthis LBC or the Project.
(b ). Compliance with Laws. The Owner shall at all times , and shall cause any Business at
all times to, observe and comply w ith all laws , regulations, codes , rules, ordinances
and other requirements (together , "Laws") of the state , federal and local governments
which may in any manner affect the performance of the LBC or the Project.
(c). Non-Assignability. The Owner shall not assign or transfer any interest in the LBC
without the prior written consent of the Governmental Unit and Commerce; provided
however, that claims for money due to the Owner from the Governmental Unit under
this LBC may be assigned to any commercial bank or other financial institution
without such approval.
(d). Personnel. The Owner represents that it and any Business have or will secure at their
own expense all personnel required to monitor, carry out and perform the scope of
services of this LBC and the Project. Such employees shall not be employees of the
State (including, without limitation, the Rural Authority or Commerce) or the
Governmental Unit. Such personnel shall be fully qualified and shall be authorized
under state and local law to perform such services.
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17. Notice. All notices required or permitted hereunder and all communications in respect
hereof shall be in writing and shall be deemed given when personally delivered or when
deposited in the United States Mail , certified, return receipt requested , postage prepaid, and
addressed as follows:
Ifto the Governmental Unit: Attn: -------------------
To the Owner: Attn: -------------------
or addressed to such other address or to the attention of such other individual as either party
above shall specify in a notice pursuant to this subsection.
18 . Entire Agreement. This LBC supersedes all prior agreements between the Governmental
Unit and the Owner with regard to the Loan and the Project and expresses their entire
understanding with respect to the transactions contemplated herein, and shall not be
amended, modified or altered except pursuant to a writing signed by both Parties.
19. Execution. This LBC may be executed in one or more counterparts, each of which, when
executed, shall be deemed an original, and all such counterparts, together, shall constitute
one and the same LBC which shall be sufficiently evidenced by one of such original
counterparts.
20. Construction. This LBC shall be construed and governed by the laws of the State of North
Carolina.
21. Severability. Each provision of this LBC is intended to be severable and, if any provision
of this LBC is held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect or impair any other provision of this LBC, but
this LBC shall be construed as if such invalid, illegal or unenforceable provision had not
been contained herein.
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22. Force Majeure . If (a) during the Grant Term the real or personal property located on or
constituting the Property suffers damage or destruction caused by acts of God, fires, floods ,
storms, insurrection, riots, acts of the public enemy, national catastrophe, or similar unexpected
events, (b) such damage or destruction was not principally caused by the negligence, willful
misconduct or violation of applicable law b y the Owner, ( c) the Owner uses reasonable efforts
to repair, or to work around, such damage or destruction reasonably promptly, and (d) as a
direct result of such damage or destruction the Owner cannot satisfy the requirements and
obligations of Sections 3 of this Agreement as and when this Agreement requires, then the
Owner will be entitled to an extension of time not to exceed sixty (60) days to satisfy the
requirements and obligations of Section 3 of this Agreement; provided that the Governmental
Unit in its sole discretion with respect to the obligations it is owed by the Owner, may elect to
extend that sixty day period to give the Owner additional time to satisfy those requirements.
IN WITNESS WHEREOF, the parties hereto have executed this LBC as of the date first
above written.
Governmental Unit Name: ------------------------
Signature: [SEAL]
Printed Name:
Title:
Owner Name:
Signature: [SEAL]
Printed Name:
Title:
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Promissory Note, Private Owner
BUILDING REUSE PROGRAM
EXHIBITF
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For VALUE RECEIVED and subject to the terms of and secured by the Rural Economic
Development Loan Agreement and Legally Binding Commitment -Private-Owner Building
Reuse Program, Reference Number 2019-145-3201-2587 ("LBC ," which is incorporated by
reference herein), the undersigned borrower[s] (the "Owner") jointly and severally promise[s] to
pay to lender Harnett County or its assigns (together, the "Governmental Unit") or to the
intended third-party beneficiary of this Promissory Note, the North Carolina Department of
Commerce ("Commerce"), upon demand and as directed by either the Governmental Unit or
Commerce, an amount of principal Joan ("Loan") funds under the LBC up to and including
$500,000.00 Dollars but which amount shall not exceed the amount of Loan funds the Owner has
actuall y received under the LBC , plus interest and attorney 's fees as addressed below . Unless
otherwise specified herein, capitalized terms in this Promissory Note shall have the same
meaning as those set forth in the LBC.
The Owner acknowledges and represents that: (i) the undersigned is or are the only
person(s), entity or entities who or that have any ownership interests in the certain real property
located at:
800 Edwards Brother Drive
Lillington, NC 27546
in Harnett County, North Carolina (the "Property"); and (ii) the undersigned shall be jointly and
severally liable for any and all debts secured by this Promissory Note.
The Owner further acknowledges that: (i) in order for the Owner to receive the Loan, the
LBC require s the Owner to complete a "Project"; (ii) in order for the Owner to receive the Loan ,
what the LB C identifies as the "Business" must maintain certain jobs and create and maintain
certain other jobs in working with the Owner to complete the Project; (iii) the Loan from the
Governmental Unit to the Owner under the LBC consists entirely of a grant from the State of
North Carolina to the Governmental Unit, subject to certain clawback provisions; (iv) Commerce
is an intended third-party beneficiary to the LBC and to this Promissory Note; and (v) the LBC
specifies those circumstances in which the Governmental Unit or Commerce can terminate the
LBC and require the Owner to repay an amount of Loan funds according to a formula or else in
an amount to be determined in the sole discretion of the Governmental Unit or Commerce but
which amount shall not exceed the amount of Loan funds the Owner has actually received under
the LBC.
Upon default, the Governmental Unit and/or Commerce may employ attorneys to enforce
their rights and remedies under thi s Promissory Note and the LBC, and the Owner agrees to pay
th e ir reasonable attorneys ' fees , plus all other reasonable expenses they incur in exercising their
rights and remedies upon default. The rights and remedies of the Governmental Unit and
Commerce, as described in this Promissory Note and the LBC, shall be cumulative and may be
pursued singly, successively or together against the Owner (including each of the undersigned),
the Property, or any other fund s, property or security held by the Owner for payment or security,
in the sole discretion of the Governmental Unit and Commerce. The failure to exercise any such
right or remedy shall not be a waiver or release of such rights or remedies or the right to exercise
any of them at another time.
P romi ssory Note -1
081919a HCBOC Page 131
Promissory Note, Private Owner
BUILDING REUSE PROGRAM
EXHIBITF
2019-145-3201-2587
The Owner hereby waives protest, presentment, notice of dishonor and notice of
acceleration and maturity and agrees to remain bound for the payment of principal, interest and
all other sums due under this Promissory Note and the LBC, notwithstanding any change or
changes by way of release, surrender, exchange, modification or substitution of any security for
this Promissory Note, or by way of any extension or extensions of time for the payment of
principal and interest; and the Owner waives all and every kind of notice of such change or
changes and agrees that the same may be made without notice of or consent to any of them.
This Promissory Note may not be amended, changed or altered except in writing
executed by the Owner, the Govenunental Unit and Commerce.
If not repaid within 30 days following demand hereunder, the Loan funds demanded by
the Govenunental Unit or Commerce under this Promissory Note shall bear interest at the rate of
10% per annum after demand until repaid. If either the Governmental Unit or Commerce
initially demands Loan repayment from the Owner ("First Demand") in an amount less than the
Loan funds the Owner has actually received under the LBC but, failing to receive repayment
and, in its discretion under the LBC, increases the Loan repayment demand ("Second Demand")
to the full amount the Owner has received under the LBC, then such interest on the difference
between the First and Second Demands shall begin to accrue as of the date of the Second
Demand.
For example, if under the terms of the LBC, a Business engages in an improper
expenditure of Loan funds, the Govenunental Unit has the discretion to require in a First
Demand the partial repayment of Loan funds received by the Owner. Interest will begin to
accrue at 10% per annum on whatever portion of the sum is not repaid as of the 31 st day after the
First Demand . Further, if the Owner fails to repay the First Demand in full, the Governmental
Unit retains the discretion under the LBC to terminate the LBC and issue a Second Demand for
the full repayment by the Owner of all Loan funds . Interest will continue accruing at I 0% per
annum on the original principal amount still unpaid from the First Demand and, following the
expiration of 30 days from the Second Demand, interest will begin to accrue at I 0% per annum
on the additional unpaid principal Loan amount in the Second Demand.
Payment shall be made in lawful money of the United States of America via United
States Mail First Class, Federal Express or UPS to the attention of the person at the address or in
person at the address of the Govenunental Unit or Commerce as directed in writing.
This Note shall be governed by, and construed in accordance with, the laws of the State
of North Carolina.
Promissory Note -2
081919a HCBOC Page 132
Promissory Note, Private Owner
BUILDING REUSE PROGRAM
EXHIBIT F
2019-145-3201-2587
IN WITNESS WHEREOF, the undersigned has (have) caused these presents to be
executed under seal, pursuant to authority duly given, the day and year first above written.
EVERY SIGNATORY BELOW EXPRESSLY REPRESENTS THAT ALL
INDIVUDALS OR ENTITIES WITH ANY OWNERSHIP INTERESTS IN THE PROPERTY
HA VE EXECUTED THIS PROMISSORY NOTE.
Dated as of: 20 --------------
If by Individual: -----------------
Signature: _____________ ___,,.[_SE_AL_....__]
Printed Name: -----------------
Dated as of: 20 ----
If by Entity: -----------------
Signature: -------------~[S_E_AL_~]
Printed Name: -----------------
Promissory Note -3
081919a HCBOC Page 133
Limited Waiver of Confidentiality
Unemployment T ax and Wage Records
BUILDING REUSE PROGRAM
Name of T axpayer
Addre ss:
City: State: Zip: Phone:
EXBIBITG
2019-145-3201-2587
-------------
NC Unemployment In surance Acct #: Fed Tax ID #: --------
I hereby w aive any right to confidentiality, as found in N.C.G.S . 96-4 or otherwise, for
the limited purpose of authorizing disclosure of certain information contained in the quarterly
unemployment insurance tax records of the above-named taxpayer (hereinafter, "Company")
filed with the Division of Employment Security ("DES") of the North Carolina Department of
Commerce to Harnett County ("Governmental Unit") and to the employees of the Rural
Economic D ivision of the North Carolina Department of Commerce ("Rural Division") and
members of the North Carolina Rural Infrastructure Authority ("Rural Authority") for the limited
purpose of evaluating the issuance of and, in the event of such issuance , administering and
ensuring compliance with, a grant and loan pursuant to N .C.G.S. 143B-472.127 and .128.
I recognize that DES is authorized to provide this information to the public officials of
the Governmental Unit, the Rural Division and the Rural Authority in the performance of their
public duties and that the verification of employment information for the purpose of
administering the grant and loan at issue is within the scope of the public duties of the
Governmental Unit, the Rural Division and the Rural Authority. I hereby authorize DES to
disclose information contained in the Company 's quarterly unemployment insurance tax records
(the NCUI-101 or succes sor form) to the Governmental Unit, the Rural Division and/or the
Authority for these purposes.
I recognize that unemployment insurance tax information provided in the aggregate to
DES and disclosed to the Governmental Unit, the Rural Division and/or the Authority, and the
Company's aggregated tax and wage information provided to or otherwise in possession of the
Governmental Unit, the Rural Division and/or the Authority, may be treated as public
information. This waiver is not intended to release the Governmental Unit, the Rural Division
and/or the Authority from any obligation they may have under North Carolina law to maintain
the confidentiality of any and all information which could reveal or permit someone to ascertain
the identity of any individual employee or that employee's line item unemployment insurance
tax or other tax or wage information.
Signature Chief Financial Officer or Other Authorized Company Official
Print Nam e Title
Wai ver of Confid e ntia lit y - 1
081919a HCBOC Page 134
Deed of Trust Documentation
BUILDING REUSE PROGRAM
EXHIBITH
2019-145-3201-2587
The Department of Commerce strongly encourages the Governmental Unit secure the funds
loaned to the property owner, PRAXAN LLC, with a Deed of Trust on the property.
Please check the appropriate box below indicating the intention of the Governmental Unit:
D The Governmental Unit will secure the funds with a Deed of Trust listing Harnett
County as the beneficiary in the amount of $500,000.00.
D Harnett County ("Governmental Unit") has elected NOT to secure with a deed of trust
on the subject property the $500,000.00 in grant funds awarded by the North Carolina
Department of Commerce ("Commerce") for a building reuse grant. Governmental Unit
acknowledges and agrees that it is liable to the State for any grant funds that must be
repaid under the Grant Agreement or Legally Binding Commitment, including (without
limitation), any required repayments due to the property owner's failure to create and
maintain jobs, which could include the full amount of the grant. Governmental Unit
acknowledges that its liability to Commerce arises whether or not it is able to collect any
repayment from the property owner under the Legally Binding Commitment, but still
elects not to obtain a deed of trust on the subject property.
Please fill in the box below:
Governmental Unit Name: Harnett County
By (Signature):
Printed Name:
Title:
Date:
Deed of Trust Documentation -1
081919a HCBOC Page 135
Agenda Item _ ...... l_;Ji#.-__
Board Meeting
Agenda Item
MEETING DATE: August 19, 2019
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Harnett County Fire Prevention Ordinance Amendment
REQUESTED BY: Larry Smith, Emergency Services Director
REQUEST:
Amend the Harnett County Fire Prevention Ordinance as follows:
The Harnett County Fire Prevention Ordinance adopts the 2018 edition of the North Carolina
State Building Code : Fire Prevention Code 2015 IFC with North Carolina Amendments
(excluding appendices A-J).
FINANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION:
C:\Users\bstancil\Desktop\agendafonn2019 -HC Fire Prevention Ordinance Amendment.docx
I of I
Page
081919a HCBOC Page 136
STATE OF NORTH CAROLINA
COUNTY OF HARNETT
AN ORDINANCE AMEND ING HARNETI COUNTY FIRE PREVENTION ORDINANCE
ALLOWING AMENDMENTS TO THE HARNETI COUNTY FIRE PREVENTION
ORDINANCE AS AMENDMENTS ARE PROPOSED AND ADOPTED FROM TIME TO
TIME BY THE NATIONAL FIRE PREVENTION CODE AND THE NORTH CAROLINA
STATE BUILDING CODE AND FEE SCHEDULE
WHEREAS, The Board of Commissioners ordained on September 24, 1991 the Harnett
County Fire Prevention Ordinance and amended the ordinance dated February 1 , 1993, July
21 , 1997 and October 20, 2014; and
WHEREAS, the State of North Carolina has made various revisions to Volume 5 of the
North Carolina State Building Code; and
WHEREAS, County of Harnett desires to incorporate those revisions into the Harnett
County Fire Prevention Code Ordinance and allow amendments to the Harnett County Fire
Prevention Ordinance as amendments are proposed and adopted from time to time by the
National Fire Prevention Code and the North Carolina State Building Code; and
NOW, THEREFORE, BE IT ORDAINED:
THAT Section 1 of the Harnett County Fire Prevention Ordinance be amended as follows :
Strike: "NOW , THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS
OF HARNETI COUNTY NORTH CAROLINA in regular session on September 24, 1991 , that
the following code, its references or appendices is adopted by reference as though it was
copied herein fully:
North Carolina State Build ing Code Volume 5 Entitled Fire Prevention -1988 Standard
Fire Prevention Code with North Carolina Amendments."
Replace with: "NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
COMM ISSIONERS OF HARNETT COUNTY NORTH CAROLINA in regular session August 19,
2019 that this Ord inance shall be known as the Harnett County Fire Prevention Ordinance.
This Ordinance adopts the 2018 edition of the North Carolina State Building Code : Fire
Prevention Code 2015 IFC with North Carolina Amendments (excluding appendices A -J), and
any future Fire Prevention Codes as amended from t ime to time by the North Carolina State
Building Code Board. This Code (excluding appendices A -J) is hereby adopted and
incorporated as fully set out at length herein . The provisions thereof shall be controlling within
the limits of Harnett County including municipa lities for which Harnett County provides fire
inspection services by contract agreement."
THAT Section 5 of the Harnett County Fire Prevention Ordinance be amended as follows:
081919a HCBOC Page 137
Strike : enumerated fee schedule
Replace with: "The Harnett County Board of Commissioners shall establish fees for permits,
inspections, certificates. approvals, and other functions performed pursuant to the Harnett
County Fire Prevention Ordinance, as the Harnett County Board of Commissioners deem
necessary."
Duly adopted this the 19th day of August, 2019.
Gordon Springle, Chairman
Harnett County Board of Commissioners
ATTEST:
Margaret Regina Wheeler, Clerk <<<<f iMi•; I a ;Ji I
081919a HCBOC Page 138
Agenda Item _.._j _L/...::.,_ _ ___:
. . . . -. ., -. . . .
PAGE IOB I The Daily Record, Dunn, N.C. ' Friday, July 19, 2019 www.mydailyrecord.com
LEGAL LEGAL LEGAL LEGAL
PUBLIC NOTICE
LEASE OF COUNTY PROPERTY
The Harnett County Board of Commissioners intends to enter
into lease agreements for the following county-owned proper-
ties at the former Shawtown School campus located at the
intersection of Shawtown Road and Irene Roberts Road in
I Lillington, North Carolina:
s
r
)
f
1. The Boys & Girls Club of Central Carolina -645 Shawtown
Road, Suites 112,114,116, and 117
2. Police Activities League ("PAL") -645 Shawtown Road,
Suites 103, 105, 113, 115
3. Re-Entry -645 Shawtown Road, Suites 202 , 204, and 206
4 . Johnston-Lee-Harnett Community Action -252 Irene
Roberts Road, Suite 101
5. Shawtown Alumni Association -252 Irene Roberts Road,
Suite 100
The County intends to lease the properties designated above to
The Boys & Girls Club of Central Carolina and Re-Entry for an
initial term of three years. The Boys & Girls Club of Central
Carolina and Re-Entry will also have the option to renew the
leases for one additional term of five year s . In consideration of
the leases, The Boys & Girls Club of Eastern Piedmont and
Re-Entry will pay an annual rent of $1.00 plus the average cost
of utilities for the leased suites beginning in year two of the
leases.
, The County intends to lease the properties designated above to
PAL, Johnston-Lee-Harnett Community Action, and Shawtown
Alumni Association for an initial term of one year. PAL, John-
ston-Lee-Harnett Community Action , and Shawtown Alumni
Association will have the option to renew the leases for an
additional term of two years, followed by one additional term of
five years. In consideration of the leases, PAL, Johnston-Lee-
Harnett Community Action, and Shawtown Alumni Association
will pay an annual rent of $1.00. The Board of Commissioners
will determine whether PAL, Johnston-Lee-Harnett Community
Action, and Shawtown Alumni Association will be required to
pay the average cost of utilities, or a portion thereof, upon
renewal of the leases.
All persons interested in this lease are invited to attend the
meeting of the Harnett County Board of Commissioners to be
held in the Harnett County Administration Building located at
420 McKinney Parkway, Lillington , N .C. at 6 :00 P.M ., on
Monday, August 19, 2019. At that time the Board intends to
authorize the lease of the property described above.
7/19/19
081919a HCBOC Page 139
PUBLIC NOTICE
LEASE OF COUNTY PROPERTY
The Hamett County Board of Commissioners intends to enter into lease agreements for the
following county-owned properties at the former Shawtown School campus located at the
intersection of Shawtown Road and Irene Roberts Road in Lillington, North Caro lina:
I. The Boys & Girls Club of Central Carolina -645 Shawtown Road, Suites
112, 114 , 116, and 11 7
2. Police Activities League ("PAL") -645 Shawtown Road, Suites I 03 , 105 , I 13 , 115
3. Re-Entry -645 Shawtown Road, Suites 202,204, and 206
4. Johnston-Lee-Harnett Community Action -252 Irene Roberts Road, Suite
101
5. Shawtown Alumni Association -252 lrene Roberts Road, Suite 100
The County intends to lease the properties designated above to The Boys & Girls Club of
Central Carolina and Re-Entry for an initial term of three years. The Boys & Girls Club of
Central Carolina and Re-Entry will also have the option to renew the leases for one additional
term of five years. In consideration of the leases, The Boys & Girls Club of Eastern Piedmont and
Re-Entry will pay an annual rent of $1.00 plus the average cost of utilities for the leased suites
beginning in year two of the leases.
The County intends to lease the properties designated above to PAL, Johnston-Lee-Harnett
Community Action, and Shawtown Alumni Association for an initial term of one year. PAL,
Johnston-Lee-Hamett Community Action , and Shawtown Alumni Association will have the
option to renew the leases for an additiona l term of two years, followed by one additional t erm of
five years. In cons ideration of the le ases, PAL, Johnston-Lee-Harnett Community Action, and
Shawtown Alumni Association will pay an annual rent of $1.00. The Board of Commissioners
will d etermine whether PAL, Johnston-Lee-Harnett Community Action, and Shawtown Alumni
A ssociation wi ll be required to pay the average cost of utilities, or a portion thereof, upon renewal
of the leases.
All pers ons interested in this lease a re invited to attend the meeting of the Hamett County
Board of Commiss ioners to be held in the Hamett County Administration Building located at 420
McKinney Parkway, Lillington, N.C. at 6:00 P.M., on Monday, August 19 , 20 19. At that time the
Board intends to authorize the lease of the property described above.
081919a HCBOC Page 140
NORTH CAROLINA
HARNETT COUNTY
Agenda Item / 4 Q..
LEASE AGREEMENT
THIS LEASE AGREEMENT ("Lease"), made and entered into this _ day of August
2019, by and between the Boys & Girls Clubs of Central Carolina, Inc., a private nonprofit
corporation (hereinafter referred to as "LESSEE") and the County of Hamett, a body politic and
political subdivision of the State of North Carolina, (hereinafter referred to as "LESSOR")
WHEREAS , LESSEE operates youth programs in Hamett County and is seeking a
central location for its operations and youth programs ;
WHEREAS, LESSEE desires to lease space at the property owned by LESSOR, to wit,
the Shawtown Community Development Center located at 645 Shawtown Road, Lillington,
North Carolina (hereinafter referred to as the "Shawtown") for an initial term of three years;
WHEREAS, LESSOR and LESSEE desire to enter into this Lease for the purpose of
setting forth the respective rights, obligations and duties of each party.
NOW, THEREFORE, in consideration of the above-stated desires of the parties and such
other mutual promises and covenants as are set forth below, LESSOR and LESSEE agree as
follows:
1. Premises. LESSOR shall lease to LESSEE and LESSEE shall lease from LESSOR suites
112, 114, 116, and 117 at the Shawtown Community Development Center located at 645
Shawtown Road, Lillington, North Carolina (hereinafter referred to as the "Premises"). A
map showing the exact locations of the leased rooms is attached as Exhibit A and
incorporated into this Lease by reference. In no event does LESSOR grant any interest in
any property for which LESSOR is not the record owner. The Premises are leased for the
express purpose of allowing LESSEE to conduct its operations and youth programs. In
addition to the leased Premises, LESSEE shall have access to the shared spaces and
rooms, playground, basketball court, fields, and parking lots located on Shawtown
property. LESSEE acknowledges that parking spaces are not reserved for LESSEE's
operations under this Lease and that LESSOR cannot guarantee sufficient parking for
LESSEE's operations.
2. Term. The term of this Lease ("Initial Term") s hall commence upon execution of this
Lease by both parties ("Commencement Date") and terminate on August 30, 2022. Upon
the mutual written agreement of both parties, this Lease may be renewed for one
additional five-year term on the same terms and conditions. If the LESSEE has fully
complied with all of the provisions of this Lease during the Initial Term and the renewal
term, LESSEE and LESSOR shall convene a meeting at least 90 days prior to the e nd of
the lease term to discuss the possible terms of a new lease. In no event shall the term and
renewal provisions stated in this paragraph extend this Lease beyond the 10-year term
limit.
1
081919a HCBOC Page 141
3. Rent. The rent for the Initial Term of the Lease shall be $1.00 per year. Beginning in year
two and for all subsequent years of the Initial Term and renewal term, LESSEE shall pay
the average cost of utilities, as defined in Section 16 of this Lease, for the Premises.
Utility costs shall be determined solely by the LESSOR and shall be based on the amount
of square footage occupied by LESSEE. If, upon notice of the average cost of utilities
beginning in year two of the Lease, LESSEE does not agree to pay or is unable to pay the
average cost of the utilities, LESSEE may terminate this Lease upon 30 days written
notice to LESSOR. LESSEE shall pay to LESSOR, at such place as LESSOR shall
designate in writing, the cost of utilities within 30 days of LESSEE's receipt of
LESSOR's invoice. LESSEE shall also pay for all renovations and repairs required to
ensure that the Premises are safe for the provision of LESSEE's operations and youth
programs during the Initial Term ofthis Lease. Upon the termination of this Lease, title
to all improvements to the Premises, except for LESSEE's personal property, shall be
automatically transferred to LESSOR. LESSOR and LESSEE agree that LESSEE shall
not be entitled to any compensation or reimbursement from LESSOR for any repairs,
maintenance, construction costs, or any other expenses LESSEE incurs as a result of
LESSEE's use or lease of the Premises.
4. Title and Quiet Possession. LESSOR represents and covenants that LESSOR owns the
Premises in fee simple except as set out in matters of record. LESSEE assumes the
burden of conducting a title search or other investigation to its satisfaction. LESSOR
represents and warrants to LESSE that LESSOR has the full right to make this Lease and
that LESSEE shall have quiet and peaceful possession of the Premises throughout the
term of this Lease.
5. Title Insurance. LESSEE, at LESSEE's option and expense, may obtain title insurance
on the Premises.
6. No Waste or Nuisance. During the term of this Lease, LESSEE shall comply with all
applicable Laws affecting the Premises, the breach of which might result in any penalty
on LESSOR or forfeiture LESSOR's title to the Premises. LESSEE shall obtain any
necessary governmental licenses or authorization required for the provision of LESSEE's
operations and youth programs and shall furnish copies of same to LESSOR if requested.
LESSOR shall reasonably cooperate with LESSEE's efforts to obtain necessary licenses
and authorizations.
7. Assignment and Subleasing. LESSEE may not sublet the Premises in whole or in part
without LESSOR'S consent, and the making of any such sublease shall not release
LESSEE from, or otherwise affect in any manner, any of LESSEE 's obligations
hereunder. LESSEE shall not assign or transfer this Lease, or any interest herein, without
the prior written consent of LESSOR, and a consent to an assignment shall not be deemed
to be a consent to any subsequent assignment. In the event LESSOR should transfer its
2
081919a HCBOC Page 142
interest in the Premises, LESSOR shall have no further duties or obligations hereunder
provided that the transferee agrees to assume all of the duties and obligations imposed
hereunder on LESSOR and upon such third party's assigrunent not to amend, modify, or
change in any manner whatsoever LESSEE's rights and obligations hereunder. Upon such
a transfer, LESSEE shall, for all purposes expressed herein and incidental hereto, accept
such transferee as its LESSOR hereunder. LESSOR may assign any or all rights, duties,
and obligations created hereunder without the consent of LESSEE, provided such third
party agrees not to amend, modify , or change in any manner whatsoever LESSEE's rights
and obligations hereunder and assumes without modification LESSOR's rights and
obligations hereunder. In all other circumstances, LESSOR shall first have obtained the
written consent of LESSEE, which consent shall not be unreasonably withheld.
8. Notices. Any notice, report, statement, approval , consent, designation, demand, or
request to be given, and any election to be exercised by a party under the provisions of
this Lease shall be deemed to be given and received three days when made in writing and
sent by United States certified or registered mail, postage prepaid, to the other party at the
applicable address set forth below:
LESSOR:
LESSEE:
Paula Stewart
County Manager
Post Office Box 759
Lillington, North Carolina 27546
With copy to:
Senior Staff Attorney
Post Office Box 23 8
Lillington, North Carolina 27546
Boys & Girls Clubs of Central Carolina, Inc.
1414 Bragg Street
Sanford, North Carolina 27330
9. Condition of Premises . LESSEE acknowledges that LESSOR does not warrant that the
Premises will be in a condition th at would be safe for the provision of any of LESSEE ' s
activities. LESSEE shall be solely responsible for maintaining the Premises in a safe and
secure condition at all times that LESSEE occupies the Premises. LESSEE shall
indemnify, hold harmless, and release LESSOR from any and all claims related to the
condition and suitability of the Premises for LESSEE's use.
10. Maintenance of the Premises. LESSOR shall be responsible for the general
maintenance of the Premises including, but not limited to , the roof, flooring, stairs,
3
081919a HCBOC Page 143
HV AC, electrical, fire extinguishers, windows, pest control , plumbing, parking areas,
landscaping, exterior and interior walls, sidewalks, and foundation. LESSOR shall also
be responsible for general janitorial duties of the shared spaces, rooms, and bathrooms in
Shawtown. LESSOR shall not be responsible for the janitorial duties of the Premises and
the repairs and maintenance of any improvements, fixtures and equipment installed by
LESSEE.
11. LESSEE Damage. LESSEE shall be responsible for the costs to replace or repair any
damage caused to the Premises or the Shawtown building or grounds by the negligence or
willful misconduct of LESSEE, its agents, employees, volunteers, members, and invitees.
LESSEE shall reimburse LESSOR for the costs ofto replace or repair any such damage
within 30 days upon written demand by LESSOR.
12. Damage or Defect. LESSEE agrees to notify LESSOR immediately upon discovery of
any damage or defect in need of repair to the Premises pursuant to Sections 10 and 11 of
this Lease. If the damage or defect does not result from the negligence or willful
misconduct of LESSEE, its agents, employees, volunteers, members, and invitees , and is
a repair obligation incurred by Lessor pursuant to Section 10 of this Lease, repair of the
damage or defect shall be made by LESSOR at LESSOR's expense.
13. LESSEE Improvements. LESSEE shall have the right, at its sole expense, to make such
improvements on the Premises as it may deem necessary , including any improvements
necessary for LESSEE's operations or youth programs, with the prior written approval of
LESSOR. LESSOR's approval shall not be unreasonably withheld. LESSEE shall be
solely responsible for the cost of any required work and shall ensure that all
improvements comply with applicable codes, regulations, and requirements. However,
LESSEE shall not destroy, remove , or make any improvements or changes to the
Premises which would adversely impact the market value of the Premises or LESSOR's
ability to use the Premises upon the termination of this Lease without the prior written
permission of the LESSOR. LESSEE shall also reimburse LESSOR for the costs of
adding network runs and cameras in the Premises prior to the start of this Lease and for
any future costs of LESSEE's improvements performed by LESSOR at LESSEE's
request.
During the term of this Lease, LESSEE s hall maintain the Premises in a safe, clean, and
neat condition. Upon termination of this Lease, LESSOR shall take possession and
ownership of all improvements to the Premises, except for LESSEE's personal property.
LESSOR may inspect any installation or other work performed on the Premises.
To the extent that any repairs or changes are occasioned by (a) the acts of LE SSEE, its
agent s, servants, employees, contractors, or invitees; (b) a defect or malfunction in
LESSEE's equipment or any attachments thereto ; ( c) a safety hazard, or violation of any
applicable statute, rule , regulation , order, directive, or standard relating thereto, in or
4
081919a HCBOC Page 144
caused by LESSEE's property; ( d) any changes or improvements to the Premises
requested or made by LESSEE; or ( e) any violation or breach of any provision of this
Lease by LESSEE or anyone acting under it; then LESSOR may make any required
repairs at the expense of LESSEE. LESSEE shall reimburse LESSOR within 30 days
upon written demand for any such expenses incurred by LESSOR.
14. Right of Entry. LESSOR may enter the Premises immediately, and without notice to
LESSEE in the event of emergency repairs to the Premises. In all other circumstances,
LESSOR may enter the Premises for inspection, repair, alteration, or improvement of the
Premises, but will provide Lessee with 24 hours' notice of its intention to enter the
Premises, and will not interfere with LESSEE 's business operations during entry of the
Premises.
15. Operating Expense. Except for those services which LESSOR has agreed to install for
LESSEE and/or share in the costs of operating certain services, LESSEE shall be
responsible for arranging for the installation and operation of internet service, phone
service, security systems, and other such services required for the use of the Premises by
LESSEE and shall pay directly to the supplier thereof all charges, fees, or assessments for
installation, connection, operation, and use of such services. Prior to installation of any
such services, LESSEE shall obtain the written approval of LESSOR, which approval
shall not be unreasonably withheld, and LESSEE shall coordinate with LESSOR as to the
proper area(s) for installation and housing of equipment and wires. If LESSEE installs
any security equipment in the Premises , LESSEE shall provide LESSOR with access
codes and/or provide for immediate entry to the Premises to enable LESSOR to meet its
maintenance and repair obligations set forth in Sections 10 and 14 of this Lease. LESSEE
shall not install any equipment in the shared hallways, spaces, or rooms without the
written permission of LESSOR. LESSEE shall fully and promptly pay for all services
furnished to the Premises and used by LESSEE throughout the term of this Lease, and all
other costs and expenses of every kind whatsoever in connection with the use, operation,
and maintenance of the Premises and all activities conducted thereon, with the exception
of LESSOR' s utilities obligations set forth in Section 16 of this Lease.
16. Utilities. LESSOR shall be responsible for the costs of electricity, gas, sewer, water, and
trash collection for the Premises. LESSEE shall carry all trash to designated receptacles
located outside of the Premises for trash collection by LESSOR.
17. Signage. LESSEE is permitted to place, or display on exterior doors, walls, windows, or
other locations designated by LESSOR a sign that can be easily removed to advertise its
business provided LESSEE obtains the prior written consent of LESSOR, which consent
shall not be unreasonably withheld. LESSEE agrees that any such signs placed on a door,
wall , or window shall not be painted but shall be in the form of a decal or other easily
removable form. LESSEE is responsible for removing all signs and displays upon
termination of this Lease. All signs shall be in compliance with any applicable laws,
ordinances, and codes.
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081919a HCBOC Page 145
18. Use of Entrances and Exits . Except in cases of emergencies, LESSEE shall make all
reasonable attempts to ensure that its agents, employees, volunteers, members, and
invitees use the entrances and exits nearest the Premises during its hours of operation.
19. LESSEE's Performance and Surrender. LESSEE shall comply with all rules,
regulations, and laws governing the provision of instructional and community services in
North Carolina at all times during the term of this Lease. LESSEE shall pay the rent and
all other sums required to be paid by LESSEE hereunder in the amounts, at all times, and
in the manner herein provided, and shall keep and perform all terms and conditions
hereof on its part to be kept and performed, and at the expiration or sooner termination of
this Lease all improvements to the Premises, except for LESSEE's personal property ,
shall become the property of LESSOR.
20. Securing the Premises and Entrances. LESSEE shall be responsible for securing all
doors to the Premises. LESSEE shall also be responsible for securing all entrances and
exits to Shawtown if LESSEE is the last tenant in Shawtown at the close of business.
21. Schedules of Operation . LESSEE shall provide monthly operating schedules to
LESSOR. LESSEE shall notify LESSOR of any changes to its operating schedule at least
24 hours prior to the intended change.
22. Government Compliance. LESSEE shall conduct its operations and youth programs in
compliance with all governmental laws and regulations , including all applicable local ,
state and federal rules and regulations.
23. Indemnity. LESSEE shall indemnify and hold LESSOR harmless from and against any
and all losses , liabilities, claims, lawsuits, judgments, and demands whatsoever
(including reimbursement of reasonable legal fees and costs) which may arise out of or be
caused by any act or omission or intentional wrongdoing of LESSEE or its agents,
employees, invitees, or contractors, or which may arise out of or be caused by the
maintenance, presence, use, location or removal of any equipment, system, or other
property owned or operated by LESSEE or its agents , employees, or contractors.
LESSEE hereby assumes the risk of the inability to provide its operations and youth
programs as a result of any reason whatsoever and agrees to indemnify and hold
LESSOR harmless from all damages and costs of defending any claim or suit for
damages of any kind including business interruption (and attorneys' fees) asserted against
LESSOR by reason of such failure. LESSOR shall not be responsible for any damage to
LESSEE's property, business, agents, employees, or invitees regardless of the cause of
the damage.
24. Insurance. LESSEE shall obtain and maintain in effect during the term of this Lease, a
policy or policies for general liability insurance in the amount of $1,000 ,000.00 per
occurrence and $2,000,000.00 aggregate coverage and shall name LESSOR as an
additional insured on any such policy or policies. Such policy or policies shall protect
LESSOR and LESSEE from claims for personal injury and property damage, including
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081919a HCBOC Page 146
death. LESSEE shall maintain property insurance on all Boys and Girls Clubs of Central
Carolina, Inc. owned contents.
LESSEE shall promptly furnish to LESSOR certificates of insurance evidencing such
insurance coverage. Insurance required hereunder shall be maintained by insurance
companies rated "A-" or better by "Best's Insurance Guide." In the event LESSEE fails to
keep and maintain the liability insurance hereunder, LESSOR may purchase the said
insurance and add the premiums to LESSEE's rent and the failure of LESSEE to pay the
said premiums when due shall be considered a default and forfeiture of this Lease.
25. Events of Default, Termination. If LESSEE vacates or abandons the Premises or fails to
perform any other act or obligation as set forth in this Lease and for a period of thirty (30)
days following notice from LESSOR of such default fails to cure or commence
appropriate action to cure such default, LESSOR may terminate this Lease. LESSOR
may also terminate this Lease if state, federal, or local agency establishes any
condition(s) for occupancy of the Premises which LESSEE fails or refuses to perform.
No such termination of this Lease shall relieve LESSEE of its indemnification obligations
and any previously accrued liability and obligations under this Lease and all such liability
and obligations shall survive any such termination.
a) Upon termination or expiration of this Lease, LESSEE will surrender the
Premises to LESSOR in as good condition as existed at the commencement of the
Lease except for reasonable wear and tear and in accordance with the terms of this
Lease, or for damage due to causes beyond LESSEE'S control and without its
fault or negligence, or for damage , howsoever caused, to the extent LESSOR shall
have been compensated for such damage by insurance.
b) Upon any termination or expiration of this Lease, LESSEE shall promptly remove
its equipment from the Premises without damage to the property of LESSOR in
accordance with the terms of this Lease. During the period ofremoval of its
equipment, LESSEE'S right and obligations with respect to access to the Premises
shall be the same as those during the period that this Lease is in effect, and until
the completion of the removal of all such equipment.
c) If any personal property owned by LESSEE shall not have been removed from the
Premises within thirty (30) days following the termination or expiration of this
Lease, LESSOR shall have the right to sell the property in accordance with the
North Carolina General Statutes and apply the proceeds of the sale to any
amounts LESSEE owes to LESSOR under this Lease, or retain LESSEE's
property, granting LESSEE's credit for the reasonable value of the property
against any amounts LESSEE owes to LESSOR.
d) LESSO R's failure to enforce or insist upon compliance with any of the term s or
conditions of this Lease shall not constitute a waiver or relinquishment by
LESSOR of any of such terms or conditions. No declaration of default by
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081919a HCBOC Page 147
LESSOR under any provision of this Lease shall be deemed to impair or diminish
LESSOR's rights against LESSEE for any breach of this Lease.
e) LESSEE may terminate this Lease upon 30 days written notice to LESSOR if
program needs for space change or changes in funding.
f) LESSOR may terminate this Lease, without cause, upon one (1) year written
notice to LESSEE.
26. Condemnation. If the whole of the Premises, or such portion thereof as will make the
Premises unusable for the purposes herein leased, is condemned by any legally
constituted public authority, then this Lease, and the term hereby granted, shall cease
from the time when possession thereof is taken by the public authority. Any lesser
condemnation shall in no way affect the respective rights and obligations of LESSOR and
LESSEE hereunder. However, nothing in this paragraph shall be construed to limit or
adversely affect LESSEE's right to an award of compensation from any condemnation
proceeding for the taking of LESSEE's leasehold interest hereunder or for the taking of
LESSEE's improvements, fixtures , equipment, and personal property. The provisions of
this Lease governing LESSEE improvements and their removal shall be applicable
should termination occur due to condemnation.
27. Binding on Successors. The covenants and conditions contained herein shall apply to
and bind the heirs , successors, executors , administrators , and assigns of the parties hereto.
28. Access to Premises. LESSEE and its officers, employees , agents, contractors and
invitees shall have full access 24 hours per day, seven (7) days per week to the Premises
during the term of this Lease.
29. Governing Law and Venue. This Lease shall be governed and construed in accordance
with the laws of the State of North Carolina. Any action or proceeding arising under this
Lease shall be filed and heard in the Superior Court of Hamett County.
30. Entire Agreement. This Lease reflects the entire agreement between LESSOR and
LESSEE with respect to the Premises, and cannot be amended except by written
instrument subsequently executed by the parties hereto.
31 . No Waiver. In the event that either party fails to enforce any obligation of the other party
under this Lease when performance is due, such delay or failure to enforce shall not
constitute a waiver of its right to seek full performance at any future time.
32. Mechanic's Liens. LESSEE will not cause any mechanic's or materialman's lien to be
placed on the Premises , and LESSEE agrees to indemnify, defend, and hold harmless
LESSOR from any such lien from a party claiming by, through or under LESSEE. If any
such claim of lien is placed on the Premises, LESSEE shall, within 30 days thereafter
regardless of whether or not it contests the validity of the claim upon which such lien is
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081919a HCBOC Page 148
based, post such bonds or take such other steps as may be necessary to remove such lien.
33. Headings. The headings of sections and subsections are for convenient reference only
and shall not be deemed to limit, construe, affect , modify, or alter the meaning of such
sections or subsections.
34. Severability. Any provision of this Lease that is legally invalid, void, or unenforceable
shall in no way affect , impair, or invalidate any other provision hereof, and the other
provisions shall remain in full force and effect.
IN WITNESS WHEREOF, LESSOR and LESSEE have hereunto set their hands and
seal on this Lease Agreement the day and year first above written.
ATTEST:
Margaret Regina Wheeler, Clerk
LESSEE:
BOYS AND GIRLS CLUBS OF CENTRAL
CAROLINA, INC.
Name: --------------
Title: --------------
LESSOR:
COUNTY OF HARNETT
Gordon Springle, Chairman
Hamett County Board of Commissioners
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081919a HCBOC Page 149
NORTH CAROLINA
COUNTY OF ---------
I, , a Notary Public of the County and State
aforesaid, do hereby certify that , personally appeared before
me this day and acknowledged that he/she is of the Boys and Girls
Clubs of Central Carolina, Inc. and that by authority duly given and as an act of the corporation,
the foregoing instrument was signed on behalf of the corporation.
Witness my hand and notarial seal this _ day of , 2019. -------
My Commission Expires: _____ _
NORTH CAROLINA
NORTH CAROLINA
HARNETT COUNTY
Notary Public
I, , a Notary Public in and for the aforesaid State and County,
certify that Gordon Springle, personally appeared before me thi s day who being by me duly s worn,
deposes and says that he is the Chairman of the Hamett County Board of Commissioners and
Margaret Regina Wheeler is the Clerk of said Board; that the seal affixed to the foregoin g
instrument is the official seal of Hamett County; that said instrument was signed by him, attested
by said Clerk and the Co unty 's seal affixed thereto , all by authority of the Board of Commissioners
of said County, and the said Gordon Springle acknowledged said instrument to be the act and deed
of Hamett County.
Witne ss my hand and notarial seal this __ day of ______ , 2019.
Notary Public
My Commission Expire s: ______ _
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081919a HCBOC Page 150
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NORTH CAROLINA
HARNETT COUNTY
Agenda Item f '-J b
LEASE AGREEMENT
THIS LEASE AGREEMENT ("Lease"), made and entered into this _ day of August
2019, by and between Eleventh Judicial District ReEntry, Inc., a private nonprofit corporation
(hereinafter referred to as "LESSEE") and the County of Harnett, a body politic and political
subdivision of the State of North Carolina, (hereinafter referred to as "LESSOR")
WHEREAS, LESSEE provides services in Hamett County to Hamett County youth and
adults to improve their quality oflife in order to strengthen families and rebuild safe
communities, and is seeking a central location for its operations and programs;
WHEREAS, LESSEE desires to lease space at the property owned by LESSOR, to wit,
the old Shawtown Community Development Center located at 645 Shawtown Road, Lillington,
North Carolina (hereinafter referred to as the "Shawtown") for an initial term of three years ;
WHEREAS, LESSOR and LESSEE desire to enter into this Lease for the purpose of
setting forth the respective rights, obligations and duties of each party.
NOW , THEREFORE, in consideration of the above-stated desires of the parties and such
other mutual promises and covenants as are set forth below, LESSOR and LESSEE agree as
follows:
I . Premises. LESSOR shall lease to LESSEE and LESSEE shall lease from LESSOR
rooms 202, 204, and 206 at the Shawtown Community Development Center located at
645 Shawtown Road, Lillington, North Carolina (hereinafter referred to as the
"Premises"). A map showing the exact locations of the leased rooms is attached as
Exhibit A and incorporated into this Lease by reference. In no event does LESSOR grant
any interest in any property for which LESSOR is not the record owner. The Premises are
leased for the express purpose of allowing LESSEE to conduct its operations and
programs. In addition to the leased Premises, LESSEE shall have access to the shared
spaces, rooms, playground, basketball court, fields , and parking lots located on
Shawtown property. LESSEE acknowledges that parking spaces are not reserved for
LESSEE's operations and programs under this Lease and that LESSOR cannot guarantee
sufficient of parking for LESSEE's operations and programs.
2. Term. The term of this Lease ("Initial Term") shall commence upon execution of this
Lese by both parties ("Commencement Date") and terminate on August 30, 2022. Upon
the mutual written agreement of both parties, this Lease may be renewed for one
additional five-year term on the same terms and conditions. If the LESSEE has fully
complied with all of the provisions of this Lease during the Initial Term, LESSEE and
LESSOR shall convene a meeting at least 90 days prior to the end of the Initial Term to
discuss the possible terms of a new lease. In no event shall the term and renewal
provisions stated in this paragraph extend this Lease beyond the I 0-year term limit.
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081919a HCBOC Page 152
3. Rent. The rent for the Initial Tenn of the Lease shall be $1.00 per year. Beginning in year
two and for all subsequent years of the Initial Tenn and renewal term, LESSEE shall pay
the average cost of utilities, as defined in Section 16 of this Lease, for the Premises.
Utility costs shall be determined solely by the LESSOR and shall be based on the amount
of square footage occupied by LESSEE. If, upon notice of the average cost of utilities
beginning in year two of the Lease, LESSEE does not agree to pay or is unable to pay the
average cost of the utilities, LESSEE may terminate this Lease upon 30 days written
notice to LESSOR. LESSEE shall pay to LESSOR, at such place as LESSOR shall
designate in writing, the cost of utilities within 30 days of LESSEE's receipt of
LESSOR's invoice. LESSEE shall also pay for all renovations and repairs required to
ensure that the Premises are safe for the provision of LESSEE'S operations and programs
during the Initial Tenn of this Lease. Upon the termination of this Lease, title to all
improvements to the Premises, except for LESSEE's personal property, shall be
automatically transferred to LESSOR. LESSOR and LESSEE agree that LESSEE shall
not be entitled to any compensation or reimbursement from LESSOR for any repairs,
maintenance, construction costs, or any other expenses LESSEE incurs as a result of
LESSEE's use or lease of the Premises.
4 . Title and Quiet Possession . LESSOR represents and covenants that LESSOR owns the
Premises in fee simple except as set out in matters of re cord. LESSEE assumes the
burden of conducting a title search or other investigation to its satisfaction. LESSOR
represents and warrants to LESSE that LESSOR has the full right to make this Lease and
that LESSEE shall have quiet and peaceful possession of the Premises throughout the
term of this Lease.
5. Title Insurance. LESSEE, at LESSEE 's option and expense, may obtain title insurance
on the Premises.
6. No Waste or Nuisance. During the term of this Lease, LESSEE shall comply with all
applicable Laws affecting the Premises, the breach of which might result in any penalty
on LESSOR or forfeiture LESSOR's title to the Premises. LESSEE shall obtain any
necessary governmental licenses or authorization required for the provision of LESSEE's
operations and programs and shall furnish copies of same to LESSOR if requested.
LESSOR shall reasonably cooperate with LESSEE's efforts to obtain necessary licenses
and authorizations.
7. Assignment and Subleasing. LESSEE may not sublet the Premises in whole or in part
without LESSOR'S consent, and the making of any such sublease shall not release
LESSEE from , or otherwise affect in any manner, any ofLESSEE's obligations
hereunder. LESSEE shall not assign or transfer this Lease, or any interest herein, without
the prior written consent of LESSOR, and a consent to an assignment shall not be deemed
to be a consent to any subsequent assignment. In the event LESSOR should transfer its
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081919a HCBOC Page 153
interest in the Premises, LESSOR shall have no further duties or obligations hereunder
provided that the transferee agrees to assume all of the duties and obligations imposed
hereunder on LESSOR and upon such third party's assignment not to amend, modify, or
change in any manner whatsoever LESSEE's rights and obligations hereunder. Upon such
a transfer, LESSEE shall, for all purposes expressed herein and incidental hereto, accept
such transferee as its LESSOR hereunder. LESSOR may assign any or all rights, duties ,
and obligations created hereunder without the consent of LESSEE, provided such third
party agrees not to amend , modify, or change in any manner whatsoever LESSEE's rights
and obligations hereunder and assumes without modification LESSOR's rights and
obligations hereunder. In all other circumstances, LESSOR shall first have obtained the
written consent of LESSEE, which consent shall not be unreasonably withheld.
8. Notices. Any notice, report, statement, approval, consent, designation, demand, or
request to be given, and any election to be exercised by a party under the provisions of
this Lease shall be deemed to be given and received three days when made in writing and
sent by United States certified or registered mail, postage prepaid, to the other party at the
applicable address set forth below:
LESSOR:
LESSEE :
Paula Stewart
County Manager
Post Office Box 759
Lillington, North Carolina 27546
With copy to:
Senior Staff Attorney
Post Office Box 23 8
Lillington, North Carolina 27546
Eleventh Judicial District ReEntry, Inc.
Post Office Box 215
Lillington, North Carolina 27546
9. Condition of Premises. LESSEE acknowledges that LESSOR does not warrant that the
Premises will be in a condition that would be safe for the provision of any of LESSEE's
activities. LESSEE shall be solel y responsible for maintaining the Premises in a safe and
secure condition at all times that LESSEE occupies the Premises. LESSEE shall
indemnify, hold harmless, and release LESSOR from any and all claims related to the
condition and suitability of the Premises for LESSEE's use.
10. Maintenance of the Premises. LESSOR shall be responsible for the general
maintenance of the Premises including, but not limited to , the roof, flooring, stairs,
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081919a HCBOC Page 154
HV AC, electrical, fire extinguishers, windows, pest control, plumbing, parking areas,
landscaping, exterior and interior walls, sidewalks, and foundation . LESSOR shall also
be responsible for general janitorial duties of the shared spaces, rooms, and bathrooms in
Shawtown. LESSOR shall not be responsible for the janitorial duties of the Premises and
the bathroom located inside the Premises, which is designated as room 204 on Exhibit A ,
and the repairs and maintenance of any improvements, fixtures, and equipment installed
by LESSEE.
11. LESSEE Damage. LESSEE shall be responsible for the costs to replace or repair any
damage caused to the Premises or the Shawtown building or grounds by the negligence or
willful misconduct of LESSEE, its agents, employees, volunteers, members, and invitees.
LESSEE shall reimburse LESSOR for the costs of to replace or repair any such damage
within 30 days upon written demand by LESSOR.
12. Damage or Defect. LESSEE agrees to notify LESSOR immediately upon discovery of
any damage or defect in need of repair to the Premises pursuant to Sections 10 and 11 of
this Lease. If the damage or defect does not result from the negligence or willful
misconduct of LESSEE, its agents, employees, volunteers, members, and invitees, and is
a repair obligation incurred by Lessor pursuant to Section 10 of this Lease, repair of the
damage or defect shall be made by LESSOR at LESSOR's expense.
13. LESSEE Improvements. LESSEE shall have the right, at its sole expense, to make such
improvements on the Premises as it may deem necessary, including any improvements
necessary for LESSEE's operations or programs, with the prior written approval of
LESSOR. LESSOR's approval shall not be unreasonably withheld. LESSEE shall be
solely responsible for the cost of any required work and shall ensure that all
improvements comply with applicable codes, regulations, and requirements. However,
LESSEE shall not destroy, remove, or make any improvements or changes to the
Premises which would adversely impact the market value of the Premises or LESSO R 's
ability to use the Premises upon the termination of this Lease without the prior written
permission of the LESSOR. LESSEE shall also reimburse LESSOR for the costs of
improvements installed by LESSOR at LESSEE's request.
During the term of this Lease, LESSEE shall maintain the Premises in a safe, clean, and
neat condition. Upon termination of this Lease, LESSOR shall take possession and
ownership of all improvements to the Premises, except for LESSEE 's personal property.
LESSOR may inspect any installation or other work performed on the Premises.
To the extent that any repairs or changes are occasioned by (a) the acts of LESSEE, its
agents, servants, employees, contractors, or invitees ; (b) a defect or malfunction in
LESSEE's equipment or any attachments thereto; ( c) a safety hazard, or violation of any
applicable statute, rule, regulation, order, directive, or standard relating thereto, in or
caused by LESSEE's property; (d) any changes or improvements to the Premises
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081919a HCBOC Page 155
requested or made by LESSEE; or ( e) any violation or breach of any provision of this
Lease by LESSEE or anyone acting under it; then LESSOR may make any required
repairs at the expense of LESSEE. LESSEE shall reimburse LESSOR within 30 days
upon written demand for any such expenses incurred by LESSOR.
14. Right of Entry. LESSOR may enter the Premises immediately, and without notice to
LESSEE in the event of emergency repairs to the Premises. In all other circumstances,
LESSOR may enter the Premises for inspection, repair, alteration, or improvement of the
Premises, but will provide Lessee with 24 hours' notice of its intention to enter the
Premises, and will not interfere with LESSEE's business operations during entry of the
Premises.
15. Operating Expense. Except for those services which LESSOR has agreed to install for
LESSEE and/or share in the costs of operating certain services, LESSEE shall be
responsible for arranging for the installation and operation of internet service, phone
service, security systems, and other such services required for the use of the Premises by
LESSEE and shall pay directly to the supplier thereof all charges, fees, or assessments for
installation, connection, operation, and use of such services. Prior to installation of any
such services, LESSEE shall obtain the written approval of LESSOR, which approval
shall not be unreasonably withheld, and LESSEE shall coordinate with LESSOR as to the
proper area(s) for installation and housing of equipment and wires. If LESSEE installs
any security equipment in the Premises, LESSEE shall provide LESSOR with access
codes and/or provide for immediate entry to the Premises to enable LESSOR to meet its
maintenance and repair obligations set forth in Sections 10 and 14 of this Lease. LESSEE
shall not install any equipment in the shared hallways, spaces, or rooms without the
written permission of LESSOR. LESSEE shall fully and promptly pay for all services
furnished to the Premises and used by LESSEE throughout the term of this Lease, and all
other costs and expenses of every kind whatsoever in connection with the use, operation,
and maintenance of the Premises and all activities conducted thereon, with the exception
of LESSOR' s utilities obligations set forth in Section 16 of this Lease.
16. Utilities. LESSOR shall be responsible for the costs of electricity, gas, sewer, water, and
trash collection for the Premises. LESSEE shall carry all trash to designated receptacles
located outside of the Premises for trash collection by LESSOR.
17. Signage. LESSEE is permitted to place or display on exterior doors, walls, windows, or
other locations designated by LESSOR a sign that can be easily removed to advertise its
business, provided LESSEE obtains the prior written consent of LESSOR, which consent
shall not be unreasonably withheld. LESSEE agrees that any such signs placed on a door,
wall , or window shall not be painted but shall be in the form of a decal or other easily
removable form. LESSEE is responsible for removing all signs and displays upon
termination of this Lease. All signs shall be in compliance with any applicable laws,
ordinances, and codes.
18. Use of Entrances and Exits. Except in cases of emergencies, LESSEE shall make all
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081919a HCBOC Page 156
reasonable attempts to ensure that its agents , employees, volunteers, members, and
invitees use the entrances and exits nearest the Premises during its hours of operation.
19. LESSEE's Performance and Surrender. LESSEE shall comply with all rules,
regulations, and laws governing the provision of instructional and community services in
North Carolina at all times during the term of this Lease. LESSEE shall pay the rent and
all other sums required to be paid by LESSEE hereunder in the amounts, at all times, and
in the manner herein provided, and shall keep and perform all terms and conditions
hereof on its part to be kept and performed, and at the expiration or sooner tennination of
this Lease all improvements to the Premises, except for LESSEE 's personal property,
shall become the property of LESSOR.
20. Securing the Premises and Entrances. LESSEE shall be responsible for securing all
doors to the Premises. LESSEE shall also be responsible for securing all entrances and
exits to Shawtown if LESSEE is the last tenant in Shawtown at the close of business.
21. Schedules of Operation. LESSEE shall provide monthly operating schedules to
LESSOR. LESSEE shall notify LESSOR of any changes to its operating schedule at least
24 hours prior to the intended change.
22. Government Compliance. LESSEE shall conduct its operations and programs in
compliance with all governmental law s and regulations, including all applicable local ,
state and federal rules and regulations.
23. Indemnity . LESSEE shall indemnify and hold LESSOR harmless from and against any
and all losses, liabilities, claims, lawsuits, judgments, and demands whatsoever
(including reimbursement of reasonable legal fees and costs) which may arise out of or be
caused by any act or omission or intentional wrongdoing of LESSEE or it s agents,
employees, invitees, or contractors, or which may arise out of or be caused by the
maintenance, presence, use, location or removal of any equipment, system, or other
property owned or operated by LESSEE or its agents, employees, or contractors.
LESSEE hereby assumes the risk of the inability to provide its operations and programs
as a result of any reason whatsoever and agrees to indemnify and hold LESSOR harmless
from all damages and costs of defending any claim or suit for damages of any kind
including business interruption (and attorneys' fees) asserted against LESSOR by reason
of such failure. LESSOR shall not be responsible for any damage to LESSEE's property,
business, agents, employees, or invitees regardless of the cause of the damage.
24. Insurance. LESSEE shall obtain and maintain in effect during the term of this Lease, a
policy or policies for general liability insurance in the amount of $1,000,000.00 per
occurrence and $2,000,000.00 aggregate coverage and shall name LESSOR as an
additional insured on any s uch policy or policies. Such policy or policies shall protect
LESSOR and LESSEE from claims for personal injury and property damage, including
death. LESSEE shall maintain property insurance on all LESSEE owned contents.
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081919a HCBOC Page 157
LESSEE shall promptly furnish to LESSOR certificates of insurance evidencing such
insurance coverage. Insurance required hereunder shall be maintained by insurance
companies rated "A-" or better by "Best's Insurance Guide." In the event LESSEE fails to
keep and maintain the liability insurance hereunder, LESSOR may purchase the said
insurance and add the premiums to LESSEE's rent and the failure of LESSEE to pay the
said premiums when due shall be considered a default and forfeiture of this Lease.
25. Events of Default, Termination. If LESSEE vacates or abandons the Premises or fails to
perform any other act or obligation as set forth in this Lease and for a period of thirty (30)
days following notice from LESSOR of such default fails to cure or commence
appropriate action to cure such default , LESSOR may terminate this Lease. LESSOR
may also terminate this Lease if state, federal , or local agency establishes any
condition(s) for occupancy of the Premises which LESSEE fails or refuses to perform.
No such termination of this Lease shall relieve LESSEE of its indemnification obligations
and any previously accrued liability and obligations under this Lease and all such liability
and obligations shall survive any such termination.
a) Upon termination or expiration of this Lease, LESSEE will surrender the
Premises to LESSOR in as good condition as existed at the commencement of the
Lease except for reasonable wear and tear and in accordance with the terms of this
Lease, or for damage due to causes beyond LESSEE'S control and without its
fault or negligence, or for damage, howsoever caused, to the extent LESSOR shall
have been compensated for such damage by insurance.
b) Upon any termination or expiration of this Lease, LESSEE shall promptly remove
its equipment from the Premises without damage to the property of LESSOR in
accordance with the terms of this Lease. During the period ofremoval of its
equipment, LESSEE'S right and obligations with respect to access to the Premises
shall be the same as those during the period that this Lease is in effect, and until
the completion of the removal of all such equipment.
c) If any personal property owned by LESSEE shall not have been removed from the
Premises within thirty (30) days following the termination or expiration of this
Lease, LESSOR shall have the right to sell the property in accordance with the
North Carolina General Statutes and apply the proceeds of the sale to any
amounts LESSEE owes to LESSOR under this Lease, or retain LESSEE's
property, granting LESSEE 's credit for the reasonable value of the property
against any amounts LESSEE owes to LESSOR.
d) LESSO R's failure to enforce or insist upon compliance with any of the terms or
conditions of this Lease shall not constitute a waiver or relinquishment by
LESSOR of any of such terms or conditions. No declaration of default by
LESSOR under any provision of this Lease shall be deemed to impair or diminish
LESSOR's rights against LESSEE for any breach of this Lease.
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081919a HCBOC Page 158
e) LESSEE may terminate this Lease upon 30 days written notice to LESSOR if
program needs for space change or changes in funding.
f) LESSOR may terminate this Lease, without cause, upon one (1) year written
notice to LESSEE.
26. Condemnation. If the whole of the Premises, or such portion thereof as will make the
Premises unusable for the purposes herein leased, is condemned by any legally
constituted public authority, then this Lease, and the term hereby granted, shall cease
from the time when possession thereof is taken by the public authority. Any lesser
condemnation shall in no way affect the respective rights and obligations of LESSOR and
LESSEE hereunder. However, nothing in this paragraph shall be construed to limit or
adversely affect LESSEE's right to an award of compensation from any condemnation
proceeding for the taking of LESSEE's leasehold interest hereunder or for the taking of
LESSEE's improvements, fixtures, equipment, and personal property. The provisions of
this Lease governing LESSEE improvements and their removal shall be applicable
should termination occur due to condemnation.
27. Binding on Successors. The covenants and conditions contained herein shall apply to
and bind the heirs, successors, executors, administrators, and assigns of the parties hereto.
28. Access to Premises . LESSEE and its officers, employees, agents, contractors and
invitees shall have full access 24 hours per day, seven (7) days per week to the Premises
during the term of this Lease.
29. Governing Law and Venue. This Lease shall be governed and construed in accordance
with the laws of the State of North Carolina. Any action or proceeding arising under this
Lease shall be filed and heard in the Superior Court of Harnett County.
30. Entire Agreement. This Lease reflects the entire agreement between LESSOR and
LESSEE with respect to the Premises, and cannot be amended except by written
instrument subsequently executed by the parties hereto.
31. No Waiver. In the event that either party fails to enforce any obligation of the other party
under thi s Lease when performance is due , such delay or failure to enforce shall not
constitute a waiver of its right to seek full performance at any future time.
32. Mechanic's Liens. LESSEE will not cause any mechanic's or materialman's lien to be
placed on the Premises, and LESSEE agrees to indemnify, defend, and hold harmless
LESSOR from any such lien from a party claiming by, through or under LESSEE. If any
such claim oflien is placed on the Premises, LESSEE shall, within 30 days thereafter
regardless of whether or not it contests the validity of the claim upon which such li en is
based, post such bonds or take such other steps as may be necessary to remove such lien.
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081919a HCBOC Page 159
33. Headings. The headings of sections and subsections are for convenient reference only
and shall not be deemed to limit, construe, affect, modify, or alter the meaning of such
sections or subsections.
34. Severability. Any provision of this Lease that is legally invalid, void, or unenforceable
shall in no way affect, impair, or invalidate any other provision hereof, and the other
provisions shall remain in full force and effect.
IN WITNESS WHEREOF, LESSOR and LESSEE have hereunto set their hands and
seal on this Lease Agreement the day and year first above written.
ATTEST:
Margaret Regina Wheeler, Clerk
LESSEE:
ELEVENTH JUDICIAL DISTRCIT REENTRY,
INC.
Dot Ehlers
Executive Director
LESSOR:
COUNTY OF HARNETT
Gordon Springle, Chairman
Hamett County Board of Commissioners
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081919a HCBOC Page 160
NORTH CAROLINA
COUNTY OF ---------
I , , a Notary Public of the County and State
aforesaid, do hereby certify that Dot Ehlers personally appeared before me this day and
acknowledged that he/she is the Executive Director of Eleventh Judicial District ReEntry, Inc.
and that by authority duly given and as an act of the corporation, the foregoing instrument was
signed on behalf of the corporation.
Witness my hand and notarial seal this _ day of _______ , 2019.
My Commission Expires: _____ _
NORTH CAROLINA
NORTH CAROLINA
HARNETT COUNTY
Notary Public
I, , a Notary Public in and for the aforesaid State and County,
certify that Gordon Springle, personally appeared before me this day who being by me duly sworn,
deposes and says that he is the Chairman of the Harnett County Board of Commissioners and
Margaret Regina Wheeler is the Clerk of said Board; that the seal affixed to the foregoing
instrument is the official seal of Harnett County; that said instrument was signed by him, attested
by said Clerk and the County's seal affixed thereto, all by authority of the Board of Commissioners
of said County, and the said Gordon Springle acknowledged said instrument to be the act and deed
of Harnett County.
Witness my hand and notarial seal this __ day of ______ ., 2019.
Notary Public
My Commission Expires: ______ _
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081919a HCBOC Page 161
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NORTH CAROLINA
HARNETT COUNTY
Agenda Item _.!.J_4.!.....311C~~
LEASE AGREEMENT
THIS LEASE AGREEMENT ("Lease"), made and entered into this _ day of August
2019, by and between the Hamett United Police Activities League, a private nonprofit
corporation (hereinafter referred to as "LESSEE") and the County of Hamett, a body politic and
political subdivision of the State of North Carolina, (hereinafter referred to as "LESSOR")
WHEREAS, LESSEE operates youth programs in Hamett County and is seeking a
central location for its operations and youth programs;
WHEREAS , LESSEE desires to lease space at the property owned by LESSOR, to wit,
the Shawtown Community Development Center located at 645 Shawtown Road, Lillington,
North Carolina (hereinafter referred to as the "Shawtown") for an initial term of one (1) year;
WHEREAS, LESSOR and LESSEE desire to enter into this Lease for the purpose of
setting forth the respective rights, obligations and duties of each party.
NOW, THEREFORE, in consideration of the above-stated desires of the parties and such
other mutual promises and covenants as are set forth below, LESSOR and LESSEE agree as
follows:
I . Premises. LESSOR shall lease to LESSEE and LESSEE shall lease from LESSOR
rooms 103 , 105, 113 and 115 at the Shawtown Community Development Center located
at 645 Shawtown Road, Lillington, North Carolina (hereinafter referred to as the
"Premises"). A map showing the exact locations of the leased rooms is attached as
Exhibit A and incorporated into this Lease by reference. In no event does LESSOR grant
any interest in any property for which LESSOR is not the record owner. The Premises are
leased for the express purpose of allowing LESSEE to conduct its operations and youth
programs. In addition to the leased Premises, LESSEE shall have access to the shared
spaces, rooms, playground, basketball court, fields , and parking lots located on
Shawtown property. LESSEE acknowledges that parking spaces are not reserved for
LESSEE's operations under this Lease and that LESSOR cannot guarantee sufficient of
parking for LESSEE's operations.
2. Term. The term of this Lease (''Initial Term") shall commence upon execution of this
Lease by both parties ("Commencement Date"). The Initial Term of this Lease shall
terminate on August 30, 2020. Upon the mutual written agreement of both parties, this
Lease may be renewed at the end of the Initial Term for a two-year renewal term (the
"First Renewal") and then at the end of the First Renewal , for an additional five-year
renewal term (the "Second Renewal"). If the LESSEE has fully complied with all of the
provisions of this Lease during the Initial Term and the renewal terms, LESSEE and
LESSOR shall convene a meeting at least 90 days prior to the end of the lease term to
discuss the possible terms of a new lease. In no event shall the term and renewal
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081919a HCBOC Page 163
provisions stated in this paragraph extend this Lease beyond a ten (10) year term limit.
3. Rent. The rent for the Initial Term of the Lease shall be $1.00 per year. Prior to the First
Renewal term, LESSOR shall decide whether LESSEE will be responsible for the
average cost of utilities, or a portion thereof, as defined in Section 16 of this Lease, for
the Premises for the First Renewal term, the Second Renewal term and any other
renewals thereafter. Utility costs shall be determined solely by the LESSOR and shall be
based on the amount of square footage occupied by LESSEE. If LESSOR determines that
LESSEE shall pay the average cost of utilities after the Initial Term and LESSEE is
unable to pay the average cost of the utilities at any point during the renewal terms,
LESSEE may terminate this Lease upon 30 days written notice to LESSOR. LESSEE
shall pay to LESSOR, at such place as LESSOR shall designate in writing, the cost of
utilities within 30 days of LESSEE's receipt of LESSO R 's invoice. LESSEE shall also
pay for all improvements required to ensure that the Premises are safe for the provision of
LESSEE's operations and youth programs during the Initial Term of this Lease. Upon the
termination of this Lease, title to all improvements to the Premises, except for LESSEE 's
personal property, shall be automatically transferred to LESSOR. LESSOR and LESSEE
agree that LESSEE shall not be entitled to any compensation or reimbursement from
LESSOR for any repairs, maintenance, construction costs, or any other expenses
LESSEE incurs as a result of LESSEE's use or lease of the Premises.
4. Title and Quiet Possession. LESSOR represents and covenants that LESSOR owns the
Premises in fee simple except as set out in matters of record. LESSEE assumes the
burden of conducting a title search or other investigation to its satisfaction. LESSOR
represents and warrants to LESSE that LESSOR has the full right to make this Lease and
that LESSEE shall have quiet and peaceful possession of the Premises throughout the
term of this Lease.
5 . Title Insurance. LESSEE, at LESSEE's option and expense, may obtain title insurance
on the Premises.
6. No Waste or Nuisance. During the term of this Lease, LESSEE shall comply with all
applicable Laws affecting the Premises, the breach of which might result in any penalty
on LESSOR or forfeiture LESSOR's title to the Premises. LESSEE shall obtain any
necessary governmental licenses or authorization required for the provision of LESSEE's
operations and youth programs and shall furnish copies of same to LESSOR if requested.
LESSOR shall reasonably cooperate with LESSEE's efforts to obtain necessary licenses
and authorizations.
7. Assignment and Subleasing. LESSEE may not sublet the Premises in whole or in part
without LESSOR'S consent, and the making of any such sublease shall not release
LESSEE from, or otherwise affect in any manner, any of LESSEE's obligations
hereunder. LESSEE shall not assign or transfer this Lease, or any interest herein, without
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081919a HCBOC Page 164
the prior written consent of LESSOR, and a consent to an assignment shall not be deemed
to be a consent to any subsequent assignment. In the event LESSOR should transfer its
interest in the Premises, LESSOR shall have no further duties or obligations hereunder
provided that the transferee agrees to assume all of the duties and obligations imposed
hereunder on LESSOR and upon such third party's assignment not to amend, modify, or
change in any manner whatsoever LESSEE'S rights and obligations hereunder. Upon such
a transfer, LESSEE shall, for all purposes expressed herein and incidental hereto, accept
such transferee as its LESSOR hereunder. LESSOR may assign any or all rights , duties,
and obligations created hereunder without the consent of LESSEE, provided such third
party agrees not to amend , modify, or change in any manner whatsoever LESSEE's rights
and obligations hereunder and assumes without modification LESSOR's rights and
obligations hereunder. In all other circumstances, LESSOR shall first have obtained the
written consent of LESSEE, which consent shall not be unreasonably withheld.
8. Notices. Any notice, report, statement, approval, consent, designation , demand, or
request to be given, and any election to be exercised by a party under the provisions of
this Lease shall be deemed to be given and received three days when made in writing and
sent by United States certified or registered mail, postage prepaid, to the other party at the
applicable address set forth below:
LESSOR:
LESSEE:
Paula Stewart
County Manager
Post Office Box 759
Lillington, North Carolina 27546
With copy to:
Senior County Staff Attorney
Post Office Box 238
Lillington, North Carolina 27546
Hamett United Police Activities League
2564 Old US 421
Lillington, North Carolina 27546
9. Condition of Premises. LESSEE acknowledges that LESSOR does not warrant that the
Premises will be in a condition that would be safe for the provision of any of LESSEE 's
acti v ities. LESSEE shall be solely responsible for maintaining the Premises in a safe and
secure condition at all times that LESSEE occupies the Premises. LESSEE shall
indemnify, hold harmless , and release LES SOR from any and all claims related to the
condition and suitability of the Premises for LESSEE's use.
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081919a HCBOC Page 165
10. Maintenance of the Premises. LESSOR shall be responsible for the general
maintenance of the Premises including, but not limited to , the roof, flooring, stairs,
HY AC, electrical , fire extinguishers, windows, pest control , plumbing, parking areas,
landscaping, exterior and interior walls , sidewalks, and foundation. LESSOR shall also
be responsible for general janitorial duties of the shared spaces, rooms, and bathrooms in
Shawtown. LESSOR shall not be responsible for the janitorial duties of the Premises and
the repairs and maintenance of any improvements , fixtures, and equipment installed by
LESSEE.
11. LESSEE Damage. LESSEE shall be responsible for the costs to replace or repair any
damage caused to the Premises or the Shawtown building or grounds by the negligence or
willful misconduct of LESSEE, its agents, employees, volunteers , members , and invitees.
LESSEE shall reimburse LESSOR for the costs of to replace or repair any such damage
within 30 days upon written demand by LESSOR.
12. Damage or Defect. LESSEE agrees to notify LESSOR immediately upon discovery of
any damage or defect in need of repair to the Premises pursuant to Sections 10 and 11 of
this Lease. If the damage or defect does not result from the negligence or willful
misconduct of LESSEE, its agents , employees, volunteers, members, and invitees , and is
a repair obligation incurred by Lessor pursuant to Section 10 of this Lease, repair of the
damage or defect shall be made by LESSOR at LESSOR's expense.
13. LESSEE Improvements. LESSEE shall have the right, at its sole expense, to make such
improvements on the Premises as it may deem necessary, including any improvements
necessary for LESSEE's operations or youth programs, with the prior written approval of
LESSOR. LESSOR's approval shall not be unreasonably withheld. LESSEE shall be
solely responsible for the cost of any required work and shall ensure that all
improvements comply with applicable codes, regulations, and requirements. However,
LESSEE shall not destroy, remove, or make any improvements or changes to the
Premises which would adversely impact the market va lue of the Premises or LESSOR's
ability to use the Premises upon the termination of this Lease without the prior written
permission of the LE SSOR. LESSEE shall also reimburse LESSOR for the costs of
improvements installed by LESSOR at LESSEE 's reque st.
During the term of this Lease, LESSEE shall maintain the Premises in a safe, clean, and
neat condition. Upon termination of thi s Lease, LESSOR shall take possession and
ownership of all improvements to the Premises, except for LESSEE's personal property.
LESSOR may inspect any installation or other work performed on the Premises.
To the extent that any repairs or changes are occasioned by (a) the acts of LESSEE, its
agents, servants, employees, contractors, or invitees; (b) a defect or malfunction in
LESSEE's equipment or any attachments thereto ; ( c) a safety hazard, or violation of any
applicab le statute, rule , regulation , order, directive, or standard relating thereto, in or
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081919a HCBOC Page 166
caused by LESSEE's property; (d) any changes or improvements to the Premises
requested or made by LESSEE; or ( e) any violation or breach of any provision of this
Lease by LESSEE or anyone acting under it; then LESSOR may make any required
repairs at the expense of LESSEE. LESSEE shall reimburse LESSOR within 30 days
upon written demand for any such expenses incurred by LESSOR.
14. Right of Entry. LESSOR may enter the Premises immediately, and without notice to
LESSEE in the event of emergency repairs to the Premises. In all other circumstances,
LESSOR may enter the Premises for inspection, repair, alteration, or improvement of the
Premises, but will provide Lessee with 24 hours' notice of its intention to enter the
Premises, and will not interfere with LESSEE's business operations during entry of the
Premises.
15. Operating Expense. Except for those services which LESSOR has agreed to install for
LESSEE and/or share in the costs of operating certain services, LESSEE shall be
responsible for arranging for the installation and operation of internet service, phone
service, security systems, and other such services required for the use of the Premises by
LESSEE and shall pay directly to the supplier thereof all charges, fees, or assessments for
installation, connection, operation, and use of such services. Prior to installation of any
such services, LESSEE shall obtain the written approval of LESSOR, which approval
shall not be unreasonably withheld. If LESSEE installs any security equipment in the
Premises, LESSEE shall provide LESSOR with access codes and/or provide for
immediate entry to the Premises to enable LESSOR to meet its maintenance and repair
obligations set forth in Sections 10 and 14 of this Lease. LESSEE shall not install any
equipment in the shared hallways, spaces, or rooms without the written permission of
LESSOR. LESSEE shall fully and promptly pay for all services furnished to the Premises
and used by LESSEE throughout the term of this Lease, and all other costs and expenses
of every kind whatsoever in connection with the use, operation, and maintenance of the
Premises and all activities conducted thereon, with the exception of LESSO R 's utilities
obligations set forth in Section 16 of this Lease.
16. Utilities. If LESSOR detennines that LESSEE will be responsible for utilities per Section
3 of this Lease, LESSOR shall be responsible for the costs of electricity, gas, sewer,
water, and trash collection for the Premises. LESSEE shall carry all trash to designated
receptacles located outside of the Premises for trash collection by LESSOR.
17. Signage. LESSEE is permitted to place or display on exterior doors, walls, windows, or
other locations designated by LESSOR a sign that can be easily removed to advertise its
business, provided LESSEE obtains the prior written consent of LESSOR, which consent
shall not be unreasonably withheld. LESSEE agrees that any such signs placed on a door,
wall, or window shall not be painted but shall be in the form of a decal or other easily
removable form . LESSEE is responsible for removing all signs and displays upon
termination of this Lease. All signs shall be in compliance with any applicable laws,
ordinances, and codes.
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081919a HCBOC Page 167
18. Use of Entrances and Exits. Except in cases of emergencies, LESSEE shall make all
reasonable attempts to ensure that its agents, employees, volunteers, members, and
invitees use the entrances and exits nearest the Premises during its hours of operation.
19. LESSEE's Performance and Surrender. LESSEE shall comply with all rules,
regulations, and laws governing the provision of instructional and community services in
North Carolina at all times during the term of this Lease. LESSEE shall pay the rent and
all other sums require d to be paid by LESSEE hereunder in the amounts , at all times, and
in the manner herein provided, and shall keep and perform all terms and conditions
hereof on its part to be kept and performed, and at the expiration or sooner termination of
this Lease all improvements to the Premises, except for LESSEE 's personal property,
shall become the property of LESSOR.
20 . Securing the Premises and Entrances. LESSEE shall be responsible for securing all
doors to the Premises. LESSEE shall also be responsible for securing all entrances and
exits to Shawtown if LESSEE is the last tenant in Shawtown at the close of business.
21 . Schedules of Operation. LESSEE shall provide monthly operating schedules to
LESSOR. LESSEE shall notify LESSOR of any changes to its operating schedule at least
24 hours prior to the intended change.
22 . Government Compliance. LESSEE shall conduct its operations and youth programs in
compliance with all governmental laws and regulations , including all applicable local ,
state and federal rules and regulations.
23. Indemnity. LESSEE shall indemnify and hold LESSOR harmless from and against any
and all lo sses, liabilities, claims, lawsuits, judgments, and demands whatsoever
(including reimbursement of reasonable legal fees and costs) which may arise out of or be
caused by any act or omission or intentional wrongdoing of LE SSEE or its agents,
employees, invitees, or contractors, or which may arise out of or be caused by the
maintenance, presence, u se, location or removal of any equipment, system, or other
property owned or operated by LESSEE or its agents, employees, or contractors.
LESSEE hereby assumes the risk of the inability to provide its operations and youth
programs as a result of any reason whatsoever and agrees to indemnify and hold
L ESSOR harmless from all damages and costs of defending any claim or suit for
damages of any kind including business interruption ( and attorneys' fee s) asserted against
LESSOR by reason of such failure. LESSOR shall not be responsible for any damage to
LESSEE 's property, business, agents , employees, or invitees regardles s of the cause of
the damage.
24. Insurance. LE SS EE shall obtain and maintain in effect during the term of this Lease, a
policy or policies of insurance in such amount s as are prudent and customary in the
bus iness in which LESEE is engaged. LESSEE shall name LESSOR as an additional
insured on any such policy or policies.
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081919a HCBOC Page 168
LESSEE shall promptly furnish to LESSOR certificates of insurance evidencing such
insurance coverage. Insurance required hereunder shall be maintained by insurance
companies rated "A-" or better by "Best's Insurance Guide." In the event LESSEE fails to
keep and maintain the liability insurance hereunder, LESSOR may purchase the said
insurance and add the premiums to LESSEE 's rent and the failure of LESSEE to pay the
said premiums when due shall be considered a default and forfeiture of this Lease.
25. Events of Default, Termination. If LESSEE vacates or abandons the Premises or fails to
perform any other act or obligation as set forth in this Lease and for a period of thirty (30)
days following notice from LESSOR of such default fails to cure or commence
appropriate action to cure such default, LESSOR may terminate this Lease. LESSOR
may also terminate this Lease if state, federal , or local agency establishes any
condition(s) for occupancy of the Premises which LESSEE fails or refuses to perform.
No such termination of this Lease shall relieve LESSEE of its indemnification obligations
and any previously accrued liability and obligations under this Lease and all such liability
and obligations shall survive any such termination.
a) Upon termination or expiration of this Lease, LESSEE will surrender the
Premises to LESSOR in as good condition as existed at the commencement of the
Lease except for reasonable wear and tear and in accordance with the terms of this
Lease, or for damage due to causes beyond LESSEE'S control and without its
fault or negligence, or for damage, howsoever caused, to the extent LESSOR shall
have been compensated for such damage by insurance.
b) Upon any termination or expiration of this Lease, LESSEE shall promptly remove
its equipment from the Premises without damage to the property of LESSOR in
accordance with the terms of this Lease. During the period ofremoval of its
equipment, LESSEE'S right and obligations with respect to access to the Premises
shall be the same as those during the period that this Lease is in effect, and until
the completion of the removal of all such equipment.
c) If any personal property owned by LESSEE shall not have been removed from the
Premises within 30 days following the termination or expiration of this Lease,
LESSOR shall have the right to sell the property in accordance with the North
Carolina General Statutes and apply the proceeds of the sale to any amounts
LESSEE owes to LESSOR under this Lease, or retain LESSEE's property,
granting LESSEE's credit for the reasonable value of the property against any
amounts LESSEE owes to LESSOR.
d) LESSO R's failure to enforce or insist upon compliance with any of the terms or
conditions of this Lease shall not constitute a waiver or relinquishment by
LESSOR of any of such terms or conditions. No declaration of default by
LESSOR under any provision of this Lease shall be deemed to impair or diminish
LESSOR's rights against LESSEE for any breach of this Lease.
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081919a HCBOC Page 169
e) LESSEE may terminate this Lease upon 30 days written notice to LESSOR if
program needs for space change or changes in funding.
f) LESSOR may terminate this Lease, without cause, upon one (1) year written
notice to LESSEE.
26. Condemnation . If the whole of the Premises, or such portion thereof as will make the
Premises unusable for the purposes herein leased, is condemned by any legally
constituted public authority, then this Lease, and the term hereby granted, shall cease
from the time when possession thereof is taken by the public authority. Any lesser
condemnation shall in no way affect the respective rights and obligations of LESSOR and
LESSEE hereunder. However, nothing in this paragraph shall be construed to limit or
adversely affect LESSEE's right to an award of compensation from any condemnation
proceeding for the taking of LESSEE's leasehold interest hereunder or for the taking of
LESSEE's improvements , fixtures, equipment, and personal property. The provisions of
this Lease governing LESSEE improvements and their removal shall be applicable
should termination occur due to condemnation.
27. Binding on Successors. The covenants and conditions contained herein shall apply to
and bind the heirs, successors, executors, administrators, and assigns of the parties hereto.
28. Access to Premises. LESSEE and its officers, employees, agents, contractors and
invitees shall have full access 24 hours per day, seven (7) days per week to the Premises
during the term of this Lease.
29. Governing Law and Venue. This Lease shall be governed and construed in accordance
with the laws of the State of North Carolina. Any action or proceeding arising under this
Lease shall be filed and heard in the Superior Court of Hamett County.
30. Entire Agreement. This Lease reflects the entire agreement between LESSOR and
LESSEE with respect to the Premises, and cannot be amended except by written
instrument subsequently executed by the parties hereto.
31. No Waiver. In the event that either party fails to enforce any obligation of the other party
under this Lease when performance is due, such delay or failure to enforce shall not
constitute a waiver of its right to seek full performance at any future time.
32. Mechanic's Liens. LESSEE will not cause any mechanic's or materialman's lien to be
placed on the Premises, and LESSEE agrees to indemnify, defend, and hold harmless
LESSOR from any such lien from a party claiming b y, through or under LESSEE. If any
such claim of lien is placed on the Premises, LESSEE shall, within 30 days thereafter
regardless of whether or not it contests the validity of the claim upon which such lien is
based, post such bonds or take such other steps as may be necessary to remove such lien.
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081919a HCBOC Page 170
33. Headings . The headings of sections and subsections are for convenient reference only
and shall not be deemed to limit, construe, affect, modify, or alter the meaning of such
sections or subsections.
34. Severability. Any provision of this Lease that is legally invalid, void, or unenforceable
shall in no way affect , impair, or invalidate any other provision hereof, and the other
provisions shall remain in full force and effect.
IN WITNESS WHEREOF, LESSOR and LESSEE have hereunto set their hands and
seal on this Lease Agreement the day and year first above written.
ATTEST:
Margaret Regina Wheeler, Clerk
NORTH CAROLINA
COUNTY OF ---------
LESSEE:
HARNETT UNITED POLICE ACTIVITIES
LEAGUE
Name: --------------
Title: --------------
LESSOR:
COUNTY OF HARNETT
Gordon Springle, Chairman
Hamett County Board of Commissioners
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081919a HCBOC Page 171
I, , a Notary Public of the County and State
aforesaid, do hereby certify that , personally appeared before
me this day and acknowledged that he/she is of the Harnett United
Police Activities League and that by authority duly given and as an act of the corporation, the
foregoing instrument was signed on behalf of the corporation.
Witness my hand and notarial seal this _ day of ______ ~ 2019.
My Commission Expires: _____ _
NORTH CAROLINA
NORTH CAROLINA
HARNETT COUNTY
Notary Public
I, , a Notary Public in and for the aforesaid State and County,
certify that Gordon Springle, personally appeared before me this day who being by me duly sworn,
deposes and says that he is the Chairman of the Harnett County Board of Commissioners and
Margaret Regina Wheeler i s the Clerk of said Board ; that the seal affixed to the foregoing
instrument i s the official seal of Harnett County; that said instrument was signed by him, atte sted
by said Clerk and the County's seal affixed thereto, all by authority of the Board of Commissioners
of said County, and the said Gordon Springle acknowledged said instrument to be the act and deed
of Hamett Co unty.
Witness m y hand and notarial seal this __ day of ______ , 2019.
Notary Public
My Commission Expires: ______ _
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081919a HCBOC Page 172
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NORTH CAROLINA
HARNETT COUNTY
Agenda Item -~'-Y'---=rl.-=--
LEASE AGREEMENT
(DRAFf)
THIS LEASE AGREEMENT ("Lease"), made and entered into this _ day of August
2019, by and between Johnston-Lee-Hamett Community Action, a private nonprofit corporation
(hereinafter referred to as "LESSEE") and the County of Hamett, a body politic and political
subdivision of the State of North Carolina, (hereinafter referred to as "LESSOR")
WHEREAS , LESSEE desires to lease space at the property owned by LESSOR, to wit,
the building located at 252 Irene Roberts Road , Lillington, North Carolina for an initial term of
one ( 1 ) year;
WHEREAS, LESSOR and LESSEE desire to enter into this Lease for the purpose of
setting forth the respective rights, obligations and duties of each party.
NOW, THEREFORE, in consideration of the above-stated desires of the parties and such
other mutual promises and covenants as are set forth below, LESSOR and LESSEE agree as
follows:
I. Premises . LESSOR shall lease to LESSEE and LESSEE shall lease from LESSOR Suite
I 01 in the building located at 252 Irene Roberts Road, Lillington, North Carolina
(hereinafter referred to as the "Premises"). In no event does LESSOR grant any interest
in any property for which LESSOR is not the record owner. The Premises are leased for
the express purpose of allowing LESSEE to conduct its community assistance programs.
LESSEE acknowledges that parking spaces are not reserved for LESSEE's operations
under this Lease and that LESSOR cannot guarantee sufficient of parking for LESSEE's
operations.
2. Term. The term of this Lease ("Initial Term") shall commence upon execution of this
Lease by both parties ("Commencement Date"). The Initial Term of this Lease shall
terminate on August 30, 2020. Upon the mutual written agreement of both parties, this
Lease may be renewed at the end of the Initial Term for a two-year renewal term (the
"First Renewal") and then at the end of the First Renewal , for an additional five-year
renewal term (the "Second Renewal "). If the LESSEE has fully complied with all of the
provisions of this Lease during the Initial Term and the renewal terms, LESSEE and
LESSOR shall convene a meeting at least 90 days prior to the end of the lease term to
discuss the possible terms of a new lease. In no event shall the term and renewal
provisions stated in this paragraph extend this Lease beyond a ten (I 0) year term limit.
3. Rent. The rent for the Initial Term of the Lease shall be $1.00 per year. Prior to the First
Renewal term , LESSOR shall decide whether LESSEE will be responsible for the
average cost of utilities , or a portion thereof, as defined in Section 16 of this Lease, for
the Premises for the First Renewal term, the Second Renewal term and any other
renewal s thereafter. Utility costs shall be determined solely by the LESSOR and shall be
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081919a HCBOC Page 174
based on the amount of square footage occupied by LESSEE. If LESSOR determines that
LESSEE shall pay the average cost of utilities after the Initial Term and LESSEE is
unable to pay the average cost of the utilities at any point during the renewal terms,
LESSEE may terminate this Lease upon 30 days written notice to LESSOR. LESSEE
shall pay to LESSOR, at such place as LESSOR shall designate in writing, the cost of
utilities within 30 days of LESSEE 's receipt ofLESSOR's invoice. LESSEE shall also
pay for all improvements required to ensure that the Premises are safe for the provision of
LESSEE's community assistance programs during the Initial Term of this Lease. Upon
the termination of this Lease, title to all improvements to the Premises, except for
LESSEE's personal property, shall be automatically transferred to LESSOR. LESSOR
and LESSEE agree that LESSEE shall not be entitled to any compensation or
reimbursement from LESSOR for any repairs, maintenance, construction costs, or any
other expenses LESSEE incurs as a result of LESSEE's use or lease of the Premises.
4. Title and Quiet Possession. LESSOR represents and covenants that LESSOR owns the
Premises in fee simple except as set out in matters of record . LESSEE assumes the
burden of conducting a title search or other investigation to its satisfaction. LESSOR
represents and warrants to LESSE that LESSOR has the full right to make this Lease and
that LESSEE shall have quiet and peaceful possession of the Premises throughout the
term of this Lease.
5. Title Insurance. LESSEE, at LESSEE's option and expense, may obtain title insurance
on the Premises.
6. No Waste or Nuisance. During the term of this Lease, LESSEE shall comply with all
applicable Laws affecting the Premises, the breach of which might result in any penalty
on LESSOR or forfeiture LESSOR's title to the Premises. LESSEE shall obtain any
necessary governmental licenses or authorization required for the provision of LESSEE's
community assistance programs and shall furnish copies of same to LESSOR if
requested. LESSOR shall reasonably cooperate with LESSEE's efforts to obtain
necessary licenses and authorizations.
7. Assignment and Subleasing. LESSEE may not sublet the Premises in whole or in part
without LESSOR'S consent, and the making of any such sublease shall not release
LESSEE from, or otherwise affect in any manner, any of LESSEE's obligations
hereunder. LESSEE shall not assign or transfer this Lease, or any interest herein, without
the prior written consent of LESSOR, and a consent to an assignment shall not be deemed
to be a consent to any subsequent assignment. In the event LESSOR should transfer its
interest in the Premises, LESSOR shall have no further duties or obligations hereunder
provided that the transferee agrees to assume all of the duties and obligations imposed
hereunder on LE SSOR and upon such third party's assignment not to amend, modify, or
change in any manner whatsoever LESSEE's rights and obligations hereunder. Upon such
a transfer, LESSEE shall, for all purposes expressed herein and incidental h ereto, accept
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081919a HCBOC Page 175
such transferee as its LESSOR hereunder. LESSOR may assign any or a11 rights, duties ,
and obligations created hereunder without the consent of LESSEE, provided such third
party agrees not to amend, modify, or change in any manner whatsoever LESSEE's rights
and obligations hereunder and assumes without modification LESSOR's rights and
obligations hereunder. In all other circumstances, LESSOR shall first have obtained the
written consent of LESSEE, which consent sha11 not be unreasonably withheld.
8. Notices. Any notice, report, statement, approval , consent, designation, demand, or
request to be given, and any election to be exercised by a party under the provisions of
this Lease shall be deemed to be given and received three days when made in writing and
sent by United States certified or registered mail, postage prepaid, to the other party at the
applicable address set forth below:
LESSOR:
LESSEE:
Paula Stewart
County Manager
Post Office Box 759
Lillington, North Carolina 27546
With copy to:
Senior Staff Attorney
Post Office Box 238
Lillington, North Carolina 27546
9. Condition of Premises. LESSEE acknowledges that LESSOR does not warrant that the
Premises will be in a condition that would be safe for the provision of any of LESSEE 's
activities. LESSEE shall be solely responsible for maintaining the Premises in a safe and
secure condition at all times that LESSEE occupies the Premises. LESSEE shall
indemnify, hold harmless, and release LESSOR from any and all claims related to the
condition and suitability of the Premises for LESSEE's use.
10. Maintenance of the Premises. LESSOR sha11 be responsible for the general
maintenance of the Premises including, but not limited to, the roof, flooring , stairs,
HV AC, electrical, fire extinguishers, windows, pest control, plumbing, parking areas,
landscaping, exterior and interior walls, sidewalks, and foundation. LESSOR shall not be
responsible for the janitorial duties of the Premises and the repairs and maintenance of
any improvements, fixtures, and equipment installed by LESSEE.
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081919a HCBOC Page 176
11 . LESSEE Damage. LESSEE shall be responsible for the costs to replace or repair any
damage caused to the Premises or grounds by the negligence or willful misconduct of
LESSEE, its agents, employees, volunteers, members, and invitees . LESSEE shall
reimburse LESSOR for the costs ofto replace or repair any such damage within 30 days
upon written demand by LESSOR.
12. Damage or Defect. LESSEE agrees to notify LESSOR immediately upon discovery of
any damage or defect in need of repair to the Premises pursuant to Sections 10 and 11 of
this Lease. If the damage or defect does not result from the negligence or willful
misconduct of LESSEE, its agents, employees, volunteers, members, and invitees, and is
a repair obligation incurred by Lessor pursuant to Section 10 of this Lease, repair of the
damage or defect shall be made by LESSOR at LESSOR's expense.
13. LESSEE Improvements. LESSEE shall have the right, at its sole expense, to make such
improvements on the Premises as it may deem necessary, including any improvements
necessary for LESSEE's community assistance programs, with the prior written approval
of LESSOR. LESSO R's approval shall not be unreasonably withheld . LESSEE shall be
solely responsible for the cost of any required work and shall ensure that all
improvements comply with applicable codes, regulations, and requirements. However,
LESSEE shall not destroy, remove, or make any improvements or changes to the
Premises which would adversely impact the market value of the Premises or LESSOR's
ability to use the Premises upon the termination of this Lease without the prior written
permission of the LESSOR. LESSEE shall also reimburse LESSOR for the costs of
improvements installed by LESSOR at LESSEE's request.
During the term of this Lease, LESSEE shall maintain the Premises in a safe, clean, and
neat condition. Upon termination of this Lease, LESSOR shall take possession and
ownership of all improvements to the Premises, except for LESSEE 's personal property.
LESSOR may inspect any installation or other work performed on the Premises.
To the extent that any repairs or changes are occasioned by (a) the acts of LESSEE, its
agents, servants, employees, contractors, or invitees; (b) a defect or malfunction in
LESSEE's equipment or any attachments thereto ; (c) a safety hazard, or violation of any
applicable statute, rule, regulation , order, directive, or standard relating thereto, in or
caused by LESSEE's property; (d) any changes or improvements to the Premises
requested or made by LESSEE; or (e) any violation or breach of any provision of this
Lease by LESSEE or anyone acting under it; then LESSOR may make any required
repairs at the expense of LESSEE. LESSEE shall reimburse LESSOR within 30 days
upon written demand for any such expenses incurred by LESSOR.
14. Right of Entry. LESSOR may enter the Premises immediately, and without notice to
LE SSEE in the event of emergency repairs to the Premises. In all other circumstances,
LESSOR may enter the Premises for inspection, repair, alteration, or improvement of the
Premises, but will provide Lessee with 24 hour s ' notice of its intention to enter the
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081919a HCBOC Page 177
Premises, and will not interfere with LESSEE's business operations during entry of the
Premises.
15. Operating Expense. Except for those services which LESSOR has agreed to install for
LESSEE and/or share in the costs of operating certain services, LESSEE shall be
responsible for arranging for the installation and operation of internet service, phone
service, security systems, and other such services required for the use of the Premises by
LESSEE and shall pay directly to the supplier thereof all charges, fees, or assessments for
installation, connection, operation, and use of such services. Prior to installation of any
such services, LESSEE shall obtain the written approval of LESSOR, which approval
shall not be unreasonably withheld. If LESSEE installs any security equipment in the
Premises, LESSEE shall provide LESSOR with access codes and/or provide for
immediate entry to the Premises to enable LESSOR to meet its maintenance and repair
obligations set forth in Sections IO and 14 of this Lease. LESSEE shall fully and
promptly pay for all services furnished to the Premises and used by LESSEE throughout
the term of this Lease , and all other costs and expenses of every kind whatsoever in
connection with the use, operation, and maintenance of the Premises and all activities
conducted thereon, with the exception of LESSOR' s utilities obligations set forth in
Section 16 of this Lease.
16. Utilities. If LESSOR determines that LESSEE will be responsible for utilities per Section
3 of this Lease, LESSOR shall be responsible for the costs of electricity, gas, sewer,
water, and trash collection for the Premises. LESSEE shall carry all trash to designated
receptacles located outside of the Premises for trash collection by LESSOR .
17. Signage. LESSEE is permitted to place or display on exterior doors, walls , windows, or
other locations designated by LESSOR a sign that can be easily removed to advertise its
business, provided LESSEE obtains the prior written consent of LESSOR, which consent
shall not be unreasonab l y withheld. LESSEE agrees that any such signs placed on a door,
wall, or window shall not be painted but shall be in the form of a decal or other easily
removable form. LESSEE is responsible for removing all signs and displays upon
termination of this Lease. All signs shall be in compliance with any applicable laws,
ordinances, and codes.
18. LESSEE's Performance and Surrender. LESSEE shall comply with all rules,
regulations , and laws governing the provision of instructional and community services in
North Carolina at all times during the term of this Lease. LESSEE shall pay the rent and
all other sums required to be paid by LESSEE hereunder in the amounts, at all times, and
in the manner herein provided, and shall keep and perform all terms and conditions
hereof on its part to be kept and performed, and at the expiration or sooner termination of
this Lease all improvements to the Premises, except for LESSEE's personal property,
shall become the property of LESSOR.
19. Securing the Premises and Entrances. LESSEE shall be responsible for securing all
doors and entrances to the Premises.
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081919a HCBOC Page 178
20. Government Compliance. LESSEE shall conduct its operations in compliance with all
governmental laws and regulations, including all applicable local , state and federal rules
and regulations.
21. Indemnity. LESSEE shall indemnify and hold LESSOR harmless from and against any
and all losses, liabilities, claims, lawsuits, judgments, and demands whatsoever
(including reimbursement ofreasonable legal fees and costs) which may arise out of or be
caused by any act or omission or intentional wrongdoing of LESSEE or its agents,
employees, invitees, or contractors, or which may arise out of or be caused by the
maintenance, presence, use, location or removal of any equipment, system, or other
property owned or operated by LESSEE or its agents , employees, or contractors.
LESSEE hereby assumes the risk of the inability to provide its community assistance
programs as a result of any reason whatsoever and agrees to indemnify and hold
LESSOR harmless from all damages and costs of defending any claim or suit for
damages of any kind including business interruption (and attorneys' fees) asserted against
LESSOR by reason of such failure. LESSOR shall not be responsible for any damage to
LESSEE's property, business, agents, employees, or invitees regardless of the cause of
the damage.
22. Insurance. LESSEE shall obtain and maintain in effect during the term of this Lease, a
policy or policies for general liability insurance in the amount of $1,000,000.00 per
occurrence and $2,000,000.00 aggregate coverage and shall name LESSOR as an
additional insured on any such policy or policies . Such policy or policies shall protect
LESSOR and LESSEE from claims for personal injury and property damage, including
death. LESSEE shall maintain property insurance on all LESSEE owned contents.
LESSEE shall promptly furnish to LESSOR certificates of insurance evidencing such
insurance coverage. Insurance required hereunder shall be maintained by insurance
companies rated "A-" or better by "Best's Insurance Guide." In the event LESSEE fails to
keep and maintain the liability insurance hereunder, LESSOR may purchase the said
insurance and add the premiums to LESSEE 's rent and the failure of LESSEE to pay the
said premiums when due shall be considered a default and forfeiture of this Lease.
23. Events of Default, Termination. If LESSEE vacates or abandons the Premises or fails to
perform any other act or obligation as set forth in this Lease and for a period of thirty (30)
days following notice from LESSOR of such default fails to cure or commence
appropriate action to cure such default, LESSOR may terminate this Lease. LESSOR
may also terminate this Lease if state, federal, or local agency establishes any
condition(s) for occupancy of the Premises which LESSEE fails or refuses to perform.
No such termination of this Lease shall relieve LESSEE of its indemnification obligations
and any previously accrued liability and obligations under this Lease and all such liability
and obligations shall survive any such termination.
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081919a HCBOC Page 179
a) Upon termination or expiration of this Lease, LESSEE will surrender the
Premises to LESSOR in as good condition as existed at the commencement of the
Lease except for reasonable wear and tear and in accordance with the terms of this
Lease, or for damage due to causes beyond LESSEE'S control and without its
fault or negligence, or for damage, howsoever caused, to the extent LESSOR shall
have been compensated for such damage by insurance.
b) Upon any termination or expiration of this Lease, LESSEE shall promptly remove
its equipment from the Premises without damage to the property of LESSOR in
accordance with the terms of this Lease. During the period of removal of its
equipment, LESSEE'S right and obligations with respect to access to the Premises
shall be the same as those during the period that this Lease is in effect, and until
the completion of the removal of all such equipment.
c) If any personal property owned by LESSEE shall not have been removed from the
Premises within 30 days following the termination or expiration of this Lease,
LESSOR shall have the right to sell the property in accordance with the North
Carolina General Statutes and apply the proceeds of the sale to any amounts
LESSEE owes to LESSOR under this Lease, or retain LESSEE's property,
granting LESSEE's credit for the reasonable value of the property against any
amounts LESSEE owes to LESSOR.
d) LESSO R's failure to enforce or insist upon compliance with any of the terms or
conditions of this Lease shall not constitute a waiver or relinquishment by
LESSOR of any of such terms or conditions. No declaration of default by
LESSOR under any provision of this Lease shall be deemed to impair or diminish
LESSO R's rights against LESSEE for any breach of this Lease.
e) LESSEE may terminate this Lease upon 30 days written notice to LESSOR if
program needs for space change or changes in funding.
f) LESSOR may terminate this Lease, without cause, upon one (1) year written
notice to LESSEE.
24. Condemnation. If the whole of the Premises, or such portion thereof as will make the
Premises unusable for the purposes herein leased, is condemned by any legally
constituted public authority, then this Lease, and the term hereby granted, shall cease
from the time when possession thereof is taken by the public authority. Any lesser
condemnation shall in no way affect the respective rights and obligations of LESSOR and
LESSEE hereunder. However, nothing in this paragraph shall be construed to limit or
adversely affect LESSEE's right to an award of compensation from any condemnation
proceeding for the taking of LESSEE's leasehold interest hereunder or for the taking of
LESSEE's improvements, fixtures, equipment, and personal property. The provisions of
this Lease governing LESSEE improvements and their removal shall be applicable
should termination occur due to condemnation.
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081919a HCBOC Page 180
25. Binding on Successors. The covenants and conditions contained herein shall apply to
and bind the heirs, successors, executors, administrators, and assigns of the parties hereto.
26. Access to Premises. LESSEE and its officers, employees, agents, contractors and
invitees shall have full access 24 hours per day, seven (7) days per week to the Premises
during the tenn of this Lease.
27. Governing Law and Venue. This Lease shall be governed and construed in accordance
with the laws of the State of North Carolina. Any action or proceeding arising under this
Lease shall be filed and heard in the Superior Court of Hamett County.
28. Entire Agreement. This Lease reflects the entire agreement between LESSOR and
LESSEE with respect to the Premises, and cannot be amended except by written
instrument subsequently executed by the parties hereto.
29. No Waiver. In the event that either party fails to enforce any obligation of the other party
under this Lease when performance is due, such delay or failure to enforce shall not
constitute a waiver of its right to seek full performance at any future time.
30. Mechan ic's Liens. LESSEE will not cause any mechanic's or materialman's lien to be
placed on the Premises, and LESSEE agrees to indemnify, defend, and hold harmless
LESSOR from any such lien from a party claiming by, through or under LESSEE. If any
such claim of lien is placed on the Premises, LESSEE shall, within 30 days thereafter
regardless of whether or not it contests the validity of the claim upon which such lien is
based, post such bonds or take such other steps as may be necessary to remove such lien.
31. Headings. The headings of sections and subsections are for convenient reference only
and shall not be deemed to limit, construe, affect, modify, or alter the meaning of such
sections or subsections.
32. Severability. Any provision of this Lease that is legally invalid, void, or unenforceable
shall in no way affect, impair, or invalidate any other provision hereof, and the other
provisions shall remain in full force and effect.
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081919a HCBOC Page 181
IN WITNESS WHEREOF, LESSOR and LESSEE have hereunto set their hands and
seal on this Lease Agreement the day and year first above written.
ATTEST:
Margaret Regina Wheeler, Clerk
NORTH CAROLINA
COUNTY OF --------
LESSEE:
JOHNSTON-LEE-HARNETT COMMUNITY
ACTION
Name: --------------
Title : --------------
LESSOR:
COUNTY OF HARNETT
Gordon Springle, Chairman
Hamett County Board of Commissioners
I, , a Notary Public of the County and State
aforesaid, do hereby certify that , personally appeared before
me this day and acknowledged that he/she is of the Johnston-Lee-
Hamett Community Action and that by authority duly given and as an act of the corporation, the
foregoing instrument was signed on behalf of the corporation.
Witness my hand and notarial seal this _ day of _______ , 2019.
Notary Public
My Commission Expires: _____ _
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081919a HCBOC Page 182
NORTH CAROLINA
HARNETT COUNTY
I , , a Notary Public in and for the aforesaid State and County,
certify that Gordon Springle, personally appeared before me this day who being by me duly sworn,
deposes and says that he is the Chairman of the Hamett County Board of Commissioners and
Margaret R egina Wheeler is the Clerk of said Board ; that the seal affixed to the foregoing
instrument is the official seal of Hamett County; that said instrument was signed by him, attested
by said Clerk and the County's seal affixed thereto, all by authority of the Board of Commissioners
of said County, and the said Gordon Springle acknowledged said instrument to be the act and deed
of Hamett County.
Witness my hand and notarial seal this __ day of ______ , 2019.
Notary Public
My C ommission Expires: ______ _
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081919a HCBOC Page 183
NORTH CAROLINA
HARNETT COUNTY
Agenda Item /4 e
LEASE AGREEMENT
(DRAFT)
THIS LE ASE AGREEME NT ("Lease"), made and entered into this_ day of August
2019, by and between Shawtown Alumni Association, a private nonprofit corporation
(hereinafter referred to as "LESSEE") and the County of Harnett, a body politic and political
subdivision of the State of North Carolina, (hereinafter referred to as "LESSOR")
WHEREAS, LESSEE desires to lease space at the property owned by LESSOR, to wit,
the building located at 252 Irene Roberts Road , Lillington, North Carolina for an initial term of
one ( 1 ) year;
WHEREAS, LESSOR and LESSEE desire to enter into this Lease for the purpose of
setting forth the respective rights, obligations and duties of each party.
NOW, THEREFORE, in consideration of the above-stated desires of the parties and such
other mutual promises and covenants as are set forth below, LESSOR and LESSEE agree as
follows:
1. Premises. LESSOR shall lease to LESSEE and LESSEE shall lease from LESSOR Suite
100 in the building located at 252 Irene Roberts Road, Lillington, North Carolina
(hereinafter referred to as the "Premises"). In no event does LESSOR grant any interest
in any property for which LESSOR is not the record owner. The Premises are leased for
the express purpose of allowing LESSEE to conduct its operations. LESSEE
acknowledges that parking spaces are not reserved for LESSEE's operations under this
Lease and that LESSOR cannot guarantee sufficient of parking for LESSEE ' s operations.
2. Term. The term of this Lease ("Initial Term") shall commence upon execution of this
Lease by both parties ("Commencement Date"). The Initial Term of this Lease shall
terminate on August 30, 2020. Upon the mutual written agreement of both parties, this
Lease may be renewed at the end of the Initial Term for a two-year renewal term (the
"First Renewal") and then at the end of the First Renewal, for an additional five-year
renewal term (the "Second Renewal"). If the LESSEE has fully complied with all of the
provisions of this Lease during the Initial Term and the renewal terms, LESSEE and
LESSOR shall convene a meeting at least 90 days prior to the end of the lease term to
discuss the possible terms of a new lease. In no event shall the term and renewal
provisions stated in this paragraph extend this Lease beyond a ten (10) year term limit.
3. Rent. The rent for the Initial Term of the Lease shall be $1 .00 per year. Prior to the First
Renewal term, LESSOR shall decide whether LESSEE will be responsible for the
average cost of utilities, or a portion thereof, as defined in Section 16 of this Lease, for
the Premises for the First Renewal term, the Second Renewal term and any other
renewals thereafter. Utility costs shall be determined solely by the LESSOR and shall be
based on the amount of square footage occupied by LESSEE. If LESSOR determines that
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081919a HCBOC Page 184
LESSEE shall pay the average cost of utilities after the Initial Term and LESSEE is
unable to pay the average cost of the utilities at any point during the renewal terms,
LESSEE may terminate this Lease upon 30 days written notice to LESSOR. LESSEE
shall pay to LESSOR, at such place as LESSOR shall designate in writing, the cost of
utilities within 30 days of LESSEE's receipt of LESSOR's invoice. LESSEE shall also
pay for all improvements required to ensure that the Premises are safe for the provision of
LESSEE's operations during the Initial Term of this Lease. Upon the termination of this
Lease, title to all improvements to the Premises, except for LESSEE 's personal property,
shall be automatically transferred to LESSOR. LESSOR and LESSEE agree that
LESSEE shall not be entitled to any compensation or reimbursement from LESSOR for
any repairs , maintenance, construction costs, or any other expenses LESSEE incurs as a
result of LESSEE's use or lease of the Premises.
4. Title and Quiet Possession . LESSOR represents and covenants that LESSOR owns the
Premises in fee simple except as set out in matters of record. LESSEE assumes the
burden of conducting a title search or other investigation to its satisfaction. LESSOR
represents and warrants to LESSE that LESSOR has the full right to make this Lease and
that LESSEE shall have quiet and peaceful possession of the Premises throughout the
term of this Lease.
5. Title Insurance. LESSEE, at LESSEE's option and expense, may obtain title insurance
on the Premises .
6. No Waste or Nuisance. During the term of this Lease, LESSEE shall comply with all
applicable Laws affecting the Premises, the breach of which might result in any penalty
on LESSOR or forfeiture LESSOR's title to the Premises. LESSEE shall obtain any
necessary governmental licenses or authori zation required for the provision of LESSEE's
operations and shall furnish copies of same to LESSOR if requested . LESSOR shall
reasonably cooperate with LESSEE's efforts to obtain necessary licenses and
authorizations.
7. Assignment and Subleasing. LESSEE may not sublet the Premises in whole or in part
without LESSOR'S consent, and the making of any such sublease shall not release
LESSEE from, or otherwise affect in any manner, any of LESSEE 's obligations
hereunder. LESSEE shall not assign or transfer this Lease, or any interest herein, without
the prior written consent of LESSOR, and a consent to an assignment shall not be deemed
to be a consent to any subsequent assignment. In the event LESSOR should transfer its
interest in the Premises, LESSOR shall have no further duties or obligations hereunder
provided that the transferee agrees to assume all of the duties and obligations imposed
hereunder on LESSOR and upon such third party's assignment not to amend, modify, or
change in any manner whatsoever LESSEE's rights and obligations hereunder. Upon such
a transfer, LESSEE shall , for all purposes expressed herein and incidental hereto, accept
such transferee as its LESSOR hereunder. LESSOR may assign any or all rights, duties ,
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081919a HCBOC Page 185
and obligations created hereunder without the consent of LESSEE, provided such third
party agrees not to amend, modify, or change in any manner whatsoever LESSEE's rights
and obligations hereunder and assumes without modification LESSOR'S rights and
obligations hereunder. In all other circumstances, LESSOR shall first have obtained the
written consent of LESSEE, which consent shall not be unreasonably withheld.
8. Notices. Any notice, report, statement, approval , consent, designation, demand, or
request to be given, and any election to be exercised by a party under the provisions of
this Lease shall be deemed to be given and received three days when made in writing and
sent by United States certified or registered mail, postage prepaid, to the other party at the
applicable address set forth below:
LESSOR:
LESSEE:
Paula Stewart
County Manager
Post Office Box 759
Lillington, North Carolina 27546
With copy to:
Senior Staff Attorney
Post Office Box 238
Lillington, North Carolina 27546
9. Condition of Premises. LESSEE acknowledges that LESSOR does not warrant that the
Premises will be in a condition that would be safe for the provision of any of LESSEE's
activities. LESSEE shall be solely responsible for maintaining the Premises in a safe and
secure condition at all times that LESSEE occupies the Premises. LESSEE shall
indemnify, hold harmless, and release LESSOR from any and all claims related to the
condition and suitability of the Premises for LESSEE's use.
10. Maintenance of the Premises. LESSOR shall be responsible for the general
maintenance of the Premises including, but not limited to, the roof, flooring, stairs,
HV AC, electrical, fire extinguishers, windows, pest control, plumbing, parking areas,
landscaping, exterior and interior walls , sidewalks, and foundation. LESSOR shall not be
responsible for the janitorial duties of the Premises and the repairs and maintenance of
any improvements, fixtures, and equipment installed by LESSEE.
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081919a HCBOC Page 186
11. LESSEE Damage. LESSEE shall be responsible for the costs to replace or repair any
damage caused to the Premises or grounds by the negligence or willful misconduct of
LESSEE, its agents, employees, volunteers, members, and invitees. LESSEE shall
reimburse LESSOR for the costs of to replace or repair any such damage within 30 days
upon written demand by LESSOR .
12. Damage or Defect. LESSEE agrees to notify LESSOR immediately upon discovery of
any damage or defect in need of repair to the Premises pursuant to Sections 10 and 11 of
this Lease. If the damage or defect does not result from the negligence or willful
misconduct of LESSEE, its agents, employees, volunteers, members, and invitees, and is
a repair obligation incurred by Lessor pursuant to Section 10 of this Lease, repair of the
damage or defect shall be made by LESSOR at LESSOR's expense.
13. LESSEE Improvements. LESSEE shall have the right, at its sole expense, to make such
improvements on the Premises as it may deem necessary, including any improvements
necessary for LESSEE's operations, with the prior written approval of LESSOR.
LESSOR's approval shall not be unreasonably withheld. LESSEE shall be solely
responsible for the cost of any required work and shall ensure that all improvements
comply with applicable codes, regulations , and requirements. However, LESSEE shall
not destroy, remove, or make any improvements or changes to the Premises which would
adversely impact the market value of the Premises or LESSOR's ability to use the
Premises upon the termination of this Lease without the prior written permission of the
LESSOR. LESSEE shall also reimburse LESSOR for the costs of improvements installed
by LESSOR at LESSEE's request.
During the term of this Lease, LESSEE shall maintain the Premises in a safe, clean, and
neat condition. Upon termination of thi s Lease, LESSOR shall take possession and
ownership of all improvements to the Premises, except for LESSEE's personal property.
LESSOR may inspect any installation or other work performed on the Premises.
To the extent that any repairs or changes are occasioned by (a) the acts of LESSEE, its
agents , servants, employees, contractors, or invitees; (b) a defect or malfunction in
LESSEE's equipment or any attachments thereto; ( c) a safety hazard, or violation of any
applicable statute, rule, regulation, order, directive, or standard relating thereto, in or
caused by LESSEE's property; ( d) any changes or improvements to the Premises
requested or made b y LESSEE; or (e) any vio lation or breach of any provision of this
Lease by LESSEE or anyone acting under it; then LESSOR may make any required
repairs at the expense of LESSEE. LESSEE shall reimburse LESSOR within 30 days
upon written demand for any such expenses incurred by LESSOR.
14 . Right of Entry. LESSOR may enter the Premises immediately, and without notice to
LESSEE in the event of emergency repairs to the Premises. In all other circumstances,
LESSOR may enter the Premises for inspection, repair, alteration, or improvement of the
Premises, but will provide Lessee with 24 hours ' notice of its intention to enter the
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081919a HCBOC Page 187
Premises, and will not interfere with LESSEE 's business operations during entry of the
Premises.
15. Operating Expense. Except for those services which LESSOR has agreed to install for
LESSEE and/or share in the costs of operating certain services, LESSEE shall be
responsible for arranging for the installation and operation of internet service, phone
service, security systems, and other such services required for the use of the Premises by
LESSEE and shall pay directly to the supplier thereof all charges, fees , or assessments for
installation, connection, operation, and use of such services. Prior to installation of any
such services, LESSEE shall obtain the written approval of LESSOR, which approval
shall not be unreasonably withheld. If LESSEE installs any security equipment in the
Premises, LESSEE shall provide LESSOR with access codes and/or provide for
immediate entry to the Premises to enable LESSOR to meet its maintenance and repair
obligations set forth in Sections 10 and 14 of this Lease. LESSEE shall fully and
promptly pay for all services furnished to the Premises and used by LESSEE throughout
the term of this Lease , and all other costs and expenses of every kind whatsoever in
connection with the use, operation, and maintenance of the Premises and all activities
conducted thereon, with the exception of LESSO R 's utilities obligations set forth in
Section 16 of this Lease.
16. Utilities . If LESSOR determines that LESSEE will be responsible for utilities per Section
3 of this Lease, LESSOR shall be responsible for the costs of electricity, gas, sewer,
water, and trash collection for the Premises. LESSEE shall carry all trash to designated
receptacles located outside of the Premises for trash collection by LESSOR.
17. Signage . LESSEE is permitted to place or display on exterior doors , walls, windows, or
other locations designated by LESSOR a sign that can be easily removed to advertise its
business, provided LESSEE obtains the prior written consent of LESSOR, which consent
shall not be unreasonably withheld. LESSEE agrees that any such signs placed on a door,
wall , or window shall not be painted but shall be in the form of a decal or other easily
removable form. LESSEE is responsible for removing all signs and displays upon
termination of this Lease. All signs shall be in compliance with any applicable laws,
ordinances, and codes .
18. LESSEE's Performance and Surrender. LESSEE shall comply with all rules,
regulations , and laws governing the provision of instructional and community services in
North Carolina at all times during the term of this Lease. LESSEE shall pay the rent and
all other sums required to be paid by LESSEE hereunder in the amounts, at all times, and
in the manner herein provided, and shall keep and perform all terms and conditions
hereof on its part to be kept and performed, and at the expiration or sooner termination of
this Lease all improvements to the Premises, except for LESSEE 's personal property,
shall become the property of LESSOR.
19. Securing the Premises and Entrances. LESSEE shall be re sponsible for securing all
doors and entrances to the Premises .
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081919a HCBOC Page 188
20. Government Compliance. LESSEE shall conduct its operations in compliance with all
governmental laws and regulations, including all applicable local , state and federal rules
and regulations.
21. Indemnity. LESSEE shall indemnify and hold LESSOR hannless from and against any
and all losses, liabilities, claims, lawsuits, judgments, and demands whatsoever
(including reimbursement of reasonable legal fees and costs) which may arise out of or be
caused by any act or omission or intentional wrongdoing of LESSEE or its agents,
employees, invitees, or contractors, or which may arise out of or be caused by the
maintenance, presence, use, location or removal of any equipment, system , or other
property owned or operated by LESSEE or its agents, employees, or contractors.
LESSEE hereby assumes the risk of the inability to provide its operations as a result of
any reason whatsoever and agrees to indemnify and hold LESSOR harmless from all
damages and costs of defending any claim or suit for damages of any kind including
business interruption (and attorneys' fees) asserted against LESSOR by reason of such
failure . LESSOR shall not be responsible for any damage to LESSEE 's property,
business, agents, employees, or invitees regardless of the cause of the damage.
22. Insurance. LESSEE shall obtain and maintain in effect during the term of this Lease, a
policy or policies for general liability insurance in the amount of $1,000,000.00 per
occurrence and $2,000,000.00 aggregate coverage and shall name LESSOR as an
additional insured on any such policy or policies. Such policy or policies shall protect
LESSOR and LESSEE from claims for personal injury and property damage, including
death. LESSEE shall maintain property insurance on all LESSEE owned contents.
LESSEE shall promptly furnish to LESSOR certificates of insurance evidencing such
insurance coverage. Insurance required hereunder shall be maintained by insurance
companies rated "A-" or better by "Best's Insurance Guide." In the event LESSEE fails to
keep and maintain the liability insurance hereunder, LESSOR may purchase the said
insurance and add the premiums to LESSEE 's rent and the failure of LESSEE to pay the
said premiums when due shall be considered a default and forfeiture of this Lease.
23 . Events of Default, Termination. If LESSEE vacates or abandons the Premises or fails to
perform any other act or obligation as set forth in this Lease and for a period of thirty (30)
days following notice from LESSOR of such default fails to cure or commence
appropriate action to cure such default, LESSOR may terminate this Lease. LESSOR
may also terminate this Lease if state, federal, or local agency establishes any
condition(s) for occupancy of the Premises which LESSEE fails or refuses to perform.
No such termination of this Lease shall relieve LESS EE of its indemnification obligations
and any previously accrued liability and obligations under this Lease and all such liability
and obligations shall survive any such termination.
a) Upon termination or expiration of this Lease, LESSEE will surrender the
Premises to LESSOR in as good condition as existed at the commencement of the
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081919a HCBOC Page 189
Lease except for reasonable wear and tear and in accordance with the terms of this
Lease, or for damage due to causes beyond LESSEE'S control and without its
fault or negligence, or for damage, howsoever caused, to the extent LESSOR shall
have been compensated for such damage by insurance.
b) Upon any termination or expiration of this Lease, LESSEE shall promptly remove
its equipment from the Premises without damage to the property of LESSOR in
accordance with the terms of this Lease. During the period ofremoval of its
equipment, LESSEE'S right and obligations with respect to access to the Premises
shall be the same as those during the period that this Lease is in effect, and until
the completion of the removal of all such equipment.
c) If any personal property owned by LESSEE shall not have been removed from the
Premises within 30 days following the termination or expiration of this Lease,
LESSOR shall have the right to sell the property in accordance with the North
Carolina General Statutes and apply the proceeds of the sale to any amounts
LESSEE owes to LESSOR under this Lease, or retain LESSEE's property,
granting LESSEE's credit for the reasonable value of the property against any
amounts LESSEE owes to LESSOR.
d) LESSO R's failure to enforce or insist upon compliance with any of the tenns or
conditions of this Lease shall not constitute a waiver or relinquishment by
LESSOR of any of such terms or conditions. No declaration of default by
LESSOR under any provision of this Lease shall be deemed to impair or diminish
LESSOR's rights against LESSEE for any breach of this Lease.
e) LESSEE may terminate this Lease upon 30 days written notice to LESSOR if
program needs for space change or changes in funding.
f) LESSOR may terminate this Lease, without cause, upon one (I) year written
notice to LESSEE.
24. Condemnation. If the whole of the Premises, or such portion thereof as will make the
Premises unusable for the purposes herein leased , is condemned by any legally
constituted public authority, then this Lease, and the term hereby granted, shall cease
from the time when possession thereof is taken by the public authority. Any lesser
condemnation shall in no way affect the respective rights and obligations of LESSOR and
LESSEE hereunder. However, nothing in this paragraph shall be construed to limit or
adversely affect LESSEE's right to an award of compensation from any condemnation
proceeding for the taking of LESSEE's leasehold interest hereunder or for the taking of
LESSEE's improvements, fixtures , equipment, and personal property. The provisions of
this Lease governing LESSEE improvements and their removal shall be applicable
should termination occur due to condemnation.
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081919a HCBOC Page 190
25. Binding on Successors. The covenants and conditions contained herein shall apply to
and bind the heirs, successors, executors, administrators , and assigns of the parties hereto.
26. Access to Premises. LESSEE and its officers, employees, agents, contractors and
invitees shall have full access 24 hours per day, seven (7) days per week to the Premises
during the term of this Lease.
27 . Governing Law and Venue. This Lease shall be governed and construed in accordance
with the laws of the State of North Carolina. Any action or proceeding arising under this
Lease shall be filed and heard in the Superior Court of Hamett County.
28. Entire Agreement. This Lease reflects the entire agreement between LESSOR and
LESSEE with respect to the Premises, and cannot be amended except by written
instrument subsequently executed by the parties hereto.
29. No Waiver. In the event that either party fails to enforce any obligation of the other party
under this Lease when performance is due , such delay or failure to enforce shall not
constitute a waiver of its right to seek full performance at any future time.
30. Mechanic's Liens. LESSEE will not cause any mechanic's or materialman's lien to be
placed on the Premises, and LESSEE agrees to indemnify, defend, and hold harmless
LE SSOR from any such lien from a party claiming by, through or under LESSEE. If any
such claim of lien is placed on the Premises , LESSEE shall , within 30 days thereafter
regardless of whether or not it contests the validity of the claim upon which such lien is
based, post such bonds or take such other steps as may be necessary to remove such lien .
31. Headings. The headings of sections and subsections are for convenient reference only
and shall not be deemed to limit, construe, affect, modify, or alter the meaning of such
sections or subsections.
32. Severability. Any provi sion of this Lease that is legally invalid, void , or unenforceable
shall in no way affect, impair , or invalidate any other provision hereof, and the other
provisions shall remain in full force and effect.
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081919a HCBOC Page 191
IN WITNESS WHEREOF, LESSOR and LESSEE have hereunto set their hands and
seal on this Lease Agreement the day and year first above written.
ATTEST:
Margaret Regina Wheeler, Clerk
NORTH CAROLINA
COUNTY OF --------
LESSEE:
SHAWTOWN ALUMNI ASSOCIATION
Name: --------------
Title: --------------
LESSOR :
COUNTY OF HARNETT
Gordon Springle, Chairman
Hamett County Board of Commissioners
I, , a Notary Public of the County and State
aforesaid , do hereby certify that , personally appeared before
me this day and acknowledged that he/she is of the Johnston-Lee-
Harnett Community Action and that by authority duly given and a s an act of the corporation, the
foregoing instrument was signed on behalf of the corporation.
Witness my hand and notarial seal this_ day of ______ , 2019.
Notary Public
My Commission Expires: _____ _
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081919a HCBOC Page 192
NORTH CAROLINA
HARNETT COUNTY
I, , a Notary Public in and for the aforesaid State and County,
certify that Gordon Springle, personally appeared before me this day who being by me duly sworn,
deposes and says that he is the Chairman of the Hamett County Board of Commissioners and
Margaret Regina Wheeler is the Clerk of said Board; that the seal affixed to the foregoing
instrument is the official seal of Hamett County; that said instrument was signed by him, attested
by said Clerk and the County's seal affixed thereto, all by authority of the Board of Commissioners
of said County, and the said Gordon Springle acknowledged said instrument to be the act and deed
of Hamett County.
Witness my hand and notarial seal this __ day of ______ , 2019.
Notary Public
My Commission Expires: -------
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081919a HCBOC Page 193
Harnett County Department of Public Health
Activities Summary
July 1, 2018 -June 30, 2019 Jul Aug Sep Oct Nov Dec Jan Feb
Front Desk -Check-in Aooointments 964 1197 886 1255 1071 923 1178 1069
Health Clinics
Adult Women Wellness Clinic 4 3 2 2 4 1 2 2
Care Coordination for Children (CC4C) 241 258 241 150 158 185 210 207
Child Health -Sick Clinic 75 85 87 127 131 118 175 142
Child Health -Well Clinic 77 165 115 104 96 71 71 86
County Employee Health Clinic 138 145 94 145 136 152 190 219
Family Planning 157 168 113 177 144 122 175 145
Immunizations 171 265 555 1628 370 184 250 213
Maternity (Prenatal Clinic) 227 184 144 166 221 189 237 172
OB Care Management (OBCM) 116 122 113 97 75 68 73 120
Postpartum Home Visits 20 11 11 23 28 18 19 22
Refer/Repeat Pap 0 0 0 0 0 0 0 0
STD SeNices 112 107 77 99 86 81 101 89
TB SeNices 178 220 124 153 101 88 124 113
Welcome Baby Home Visits 22 11 12 23 28 19 21 22
Total Services 1538 1744 1688 2894 1578 1296 1648 1552
Reportable Disease Cases
Tuberculosis 1 0 1 0 0 0 0 1
HIV -(Quarterly report) 0 0 0 0 0 0 0 0
AIDS -(Quarterly reoort) 0 0 0 0 0 0 0 0
SYPHILIS -(Quarterly reoort) 2 0 0 0 0 0 3 0
OTHER STD's 52 50 32 40 55 21 32 47
Other (salmonella, camovlobacter, etc) 13 1 2 1 1 5 2 2
Total Services 68 51 35 41 56 26 37 50
Health Education
Outreach 308 479 256 694 556 359 562 517
Laboratorv Clients 841 786 505 763 702 649 815 884
Laboratory Tests 1346 1347 941 1340 1247 1103 1347 1325
HIV Tests 161 157 90 172 216 114 141 134
WIC Active Participation 2934 3150 3174 2876 2809 2784 2751 2662
Vital Statistics
Births In County 49 44 36 55 43 45 43 39
Births Out of Countv 111 133 135 144 110 138 113 123
Deaths 57 72 49 68 67 63 59 58
Environmental Health
# of Improvement Apps Confirmed 17 24 28 23 28 42 71 90
Number of Permits Issued 36 41 24 45 31 47 56 50
Number of Completions 41 50 19 54 54 16 34 55
Number of Existing Permits 52 31 15 35 19 14 34 19
Repair Permits Issued 3 3 3 11 11 2 5 2
Permits Denied 0 0 0 1 1 1 0 0
Food and Lodging
Establishments lnspect'd/Reinspected 55 86 66 84 60 68 91 72
Visits / Critical Voliations Verftcation 59 51 31 45 23 10 32 27
Private Water Suoolies
Applications Received 21 17 7 11 10 5 23 13
updated 08/07/2019
Agenda Item 15 (i)
Mar Apr May Jun troTAL AVG.
1014 1016 1030 973 12576 1048
4 3 1 3 31 2.5833
212 193 274 216 2545 212.08
165 124 144 104 1477 123.08
82 87 88 83 1125 93.75
180 133 143 165 1840 153.33
119 155 159 156 1790 149.17
189 145 179 190 4339 361.58
193 206 164 172 2275 189.58
123 120 126 149 1302 108.5
27 11 10 12 212 17 .667
0 0 0 0 0 0
101 107 120 157 1237 103.08
109 108 93 108 1519 126.58
27 12 10 12 219 18.25
1531 1404 1511 1527 19911 1659.3
0 0 0 0 3 0.25
0 2 1 0 3 0.25
0 0 0 0 0 0
1 1 0 0 7 0.5833
76 62 97 72 636 53
12 7 2 20 68 5.6667
89 70 99 92 714 59.5
273 245 569 185 5003 416.92
758 729 751 780 8963 746.92
1230 1241 1349 1369 15185 1265.4
139 158 146 187 1815 151.25
2681 2672 2615 2570 33678 2806.5
43 49 35 39 520 43.333
107 106 127 114 1461 121 .75
58 67 73 62 753 62.75
83 70 78 36 590 49.167
69 41 69 66 575 47.917
35 62 81 65 566 47.167
28 21 41 23 332 27.667
11 7 9 6 73 6.0833
0 0 0 0 3 0.25
84 84 114 76 940 78.333
48 38 56 43 463 38.583
10 0 7 8 132 11
081919a HCBOC Page 194
North Carolina
Total Retirement Plans ~Zf.'~~
DALE R. FOLWE LL , CPA
Agenda Item _ __,,IO~@~-
7/19/2019
94301 -HARNETT COUNTY
ATTN: CHIEF FINANCIAL OFFICER OR BUDGET ADMINISTRATOR
PO BOX 778
LILLINGTON, NC 27546
Dear 94301 -HARNETT COUNTY:
During the 2014 Gene ral Assembly session, contribution-based benefit cap legislation was enacted
effective January 1, 2015. This legislation was created to control the practice of "p e nsion spiking,"
in which a member's compensation s ubstantially incre a ses, resulting in a monthly retirement
benefit that is significantly greater than the member and employer contributions would fund. The
contribution-based benefit cap (CBBC) approach was created to protect each system for curre nt
and future r e tirees and to prevent all e mployers in the Retirement Systems from absorbing the
additional liabilities caused by co mpensation decisions made by other employers. This legis lation
applies to members who retire on a nd after Janua r y 1, 2015 , with an average final compe n sation
of $100,000 or high e r (adjusted a nnually for inflat ion), and w ill only directly impact a small
number of those individuals. It require s the member's l ast e mployer to pay the additional
co ntribution r e quired to fund the m e mber's b e nefit in excess of the cap. [G.S . 135-5(a3); 135-4(jj);
128-2 7(a3); a nd 128-26(y)]
In orde r to assist employing agencie s with planning a nd budgeting to comply with the CBBC
provi s ions, we are r e quire d to report monthly to each e mployer a list of those m e mbers for whom
the employer made a contribution to the Retire m e n t Sys tem in t h e preceding month that are most
likely to r equire an additional e mployer contribut ion s h ould they e lect to retire in the fo llowing 12
months. This letter a nd the attached report serve as our required monthly notification to your
agency under t his p!'ovision. [G.S . 135-8(f)(2)(f) and G.S .128-30(g)(2)(b)]
The chi ef financial office r of your agen cy is required to provide a copy of the attached r e port to t h e
chief executive of your agency, as well as to t h e governing body, including any boa rd which
exerci ses financial oversi ght. Additionally, the chief financial officer of a public school system is
re quire d to provide a copy of the report to the local board of e ducation and n otify t h e board of
county commissioners of the co unty in whi ch the l ocal adminis trative unit i s l ocated that the
report was received and how m a n y e mployees w e re listed in the report. [G.S. 11 5C -436(c); 1 35-
S(j); a nd 128-3 0(j )]
For the purpose of determining t h e e mployees of your age n cy that are likel y to r e quire an
additional e mployer contribution s hould they elect to retire in the fo llowing 12 months, the
Re tireme nt Syste m modified the criteria u sed in the CBBC calculation. This a llows for a broad list
of potential e mployees, including those whose com p e nsation average may approach t h e t hreshold
and attempts to provide yo ur agency w ith prior notification of a potential cost. The attache d report
3200 ATLANTIC AVENUE, RALEIGH, NORTH CAROLI NA 27604
Telephone (877) 627-3287 toll -free Fax (919) 855 -5800
www.myncretirement .com
081919a HCBOC Page 195
North Carolina Total Retirement Plans Agency 94301-HARNETT COUNTY North Carolina Department of State Treasurer Retirement Systems Division 3200 Atlantic Ave, Raleigh. NC 27604 1-877-NCSECURE (1-877-627-3287) toll-free• Fax (919) 855-5800 www.myncretirement.com CONTRIBUTION-BASED BENEFIT CAP REPORT Member ID 1151077 STEWART, PAULA K 1162854 WARD, STEVEN C 551439 POLINSKI, PAUL D 1207504 HONEYCUTT, KIMBERLY A 1238173 BLEVINS, BARRY A 1290386 COATS, WAYNE A 'PLEASE FORWARD TO YOUR CHIEF FINANCIAL OFFICER OR BUDGET ADMINISTRATOR ORBIT - PensionSpikingReportbyAgency Version# 1 ~~<YN ST>J! TA.IASUlU!lOF NOB:rH C\BOLlHA DALE R. FOLWELL, CPA e Name Page 1 of 1 081919a HCBOC Page 196
Agenda Item -~IS...__.@~'-
COUNTY OF HARNETT
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harne1t. North Carolina. that the following amendment be made to the annual
budget ordinance for the fiscal year ending June 30, 2019.
Section 1. To amend the Health Department General Fund , the appropriations ore to be changed as
follows :
EXPENDITURE AMOU NT
ORG OBJECT PROJECT TASK SUB-TASK JOB DESCR IPTION OF CODE INCREASE DECREASE
1105 110 5220 10 Food & Provisions $150
1105 110 523010 Books & Publications $557
1105110 523040 Medical Sunnlies $964
1105 110 537010 Advertisinq $87
1105 110 544 095 Incent ives $170
REVENUE AMOUNT
ORG OBJECT PROJECT TASK SUB -TASK JOB DESCRIPTION OF CODE INCREASE
EXPLANATION :
To rea lign the Fam ily Plann ing TANF budget for FY 19-20.
APPROVALS:
n . _ /J 'l '""'i 9~1111VV£-·
Dept Head (dole) once Offi (<tqteJ ~ County Manager (date)
l ' I 'J...· '2-0 h trJ ~-11
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Boord, and to the Budget
Officer and the Fina nce Officer for their d irection.
Adopted this ___ day of _______ , 20 _.
Margaret Regino Wheeler,
Clerk to the Boord
Gordon Springle, Chairman
Boord of Commissioners
DECREASE
081919a HCBOC Page 197
COUNTY OF HARNETI
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Corolina, that the following amendme nt be mode to th e annual
budget ordinance for the fiscal year ending June 30, 2019.
Section 1. To amend the Health Department General Fund , the appropriations are to be changed as
follows :
EXPENDITURE AMOUNT
ORG OBJECT PROJECT TASK SUB-TASK JOB DESCR IPTION OF CODE INCREASE DECREASE
1105110 58 4000 Non-Capitol Asset IT $3,000
1105110 526010 Office Suoo lies $3,000
REVENUE AMOUNT
ORG OBJECT PROJECT TASK SUB-TAS K JOB DESCRIPTION O F CODE I NCREASE DECREASE
EXPLANATION :
To move funds in the Child Health program to purchase items for interpreting.
APPROVALS :
J ~11,,1,1 Cgy . ~ :£.Ji/ ~cw(
DeptHea{dat e) County Manager (doteL. inonce t?Hicewdot e)8
/-15 -~J!'i
Sec tion 2. Copies of this budget amendment sha ll be furnished to the Clerk to the Boord. and to the Budget
Officer and the Finance Officer for their direction.
Adopted this ___ day of -------. 20 _.
Margaret Regina Wheeler.
Clerk to the Board
Gordon Springle. Chairman
Boord o f Commissioners
-. \,"!. '.'
081919a HCBOC Page 198
COUNTY OF HARNm
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Hamett. North Carolina. that the following amendment be mode to the annual
budget ordinance for the fiscal year ending June 30, 2020.
Section 1. To amend the General Fund, Animal Shelter . the appropriations are to be changed as follows:
EXPENDITURE AMOUNT
ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE
1104512 526010 Office Suoolies $60
1104512 524030 M&R Suoolies -lnfotech $60
REVENUE AMOUNT
ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION:
To fund line Item to replace hard drive on computer.
APPROVALS:
Adopted this ___ day of _______ , 20 _.
Margaret Regina Wheeler,
Clerk to the Board
Gordon Springle. Chairman
Board of Commissioners
BAS\ i
081919a HCBOC Page 199
COUNTY OF HARNETT
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Boord of the County of Harnett. North Carolina. that the following amendment be made to the Capitol Project budget
ordinance for the fiscal year ending June 30, 2020.
Section 1. To amend the Public Utilities Capital Fund .the appropriations are to be changed as follows:
EXPENDITURE AMOUNT
ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE
4917100 559000 WCNTR PFRSV LEGAL NEXSE N INCRS PROFESS IONAL SERVICES $70,000
4917100 559000 WCNTR MMATER M TSUP MISC EXP FROM MMATE R TO PFRSV $70,000
REVENUE AMOUNT
ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION:
TO FUND LEGAL FOR PROFESSIONAL SERVICES PROVIDED BY NEXSEN PRUET
7/3/20 19 fl J ~ ~~,__ J<...J-:: , ,, t 5 _,, ~
County Manager (dale) pt Head (dote)
Section 2. Copies o f thi s budget amendment shall be furnished to th e C lerk t o the Board, and to the Budget Officer a n d the
Fi nance Officer for t heir directi on.
Ad o pted this ___ day of ________ , 20 __ .
Margaret Regino Wheele r.
Clerk to t he Board
Gordon Spri ngle, Chairman
Board of Com missioners
081919a HCBOC Page 200
COU NTY OF HARNEIT
BUDGET ORDI NANCE AMENDMEN T
BE IT ORDAINED by fhe Governing Boord of the County of Horneff. North Carolina. Iha! fhe following amendment be made to the annual
budget ordinance for the fiscal year ending Jv, <:? ~o. 2 -::c .
Section 1. To amend the Cellular and Internet service budgets, ironsportation. the appropriations are to b e
changed as follows:
EXPENDITURE A M OUNT
ORG OBJECT PROJECT TAS K SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE
1104610 532030 CELLULAR SERVICE $9 ,008
1104610 532070 INTERNET SERVICE $9,008
REVENUE AMOUNT
ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE
EXP LANATION:
To move monies into the correct account for FY2020.
APPROVALS :
~-M4'~/~ \~~-L-11---S
/ Dept Head (do Fin , nee ' icer (,,,~ 1~ County Manager (dot~),~:~_ l "t
Section 2. Copies of this budget amendment shall be rnished to the Clerk to the Board, and to the Budget
Officer a nd the Fin ance Officer for their direction.
dopted this rlay of ____ ,20
Margaret Regina Wheeler.
Clerk to the Board
Gordon Springle. Chairman
Board of Commissioners
081919a HCBOC Page 201
COU NTY OF HARNETT
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board o f the County of Harnett. Nort h Caroli na. Iha! the follow ing amendment be m ode l o the annua l
bud ge! o rdinance tor the fiscal yea r end ing J1 ~ 3fl 2020 .
Section 1. To amend the General Fund, '~irport. the appropriations are to be changed as follows :
EXPENDITURE AMOUNT
O RG OBJECT PROJECT TASK SUB-TAS K JOB DESCRIPTION OF CODE INCREASE DECREASE
1104650 545010 Insuran ce • Pro p erty & Liability $335
1104650 5320 70 Interne t Services 1335
REVENUE AMOUNT
ORG OBJ ECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE
EXP LA NATIO N:
Increase funds due to the Increase of Property and llabillty Insurance for the Airport.
APPROVALS :
'.l.dopted thi~ clav of
Margaret Re g ina Wheel er.
Cl erk to the Boord
, 20
Gord on Sp rin g l e, C hairman
Boord of Commissioners
081919a HCBOC Page 202
COUNTY OF HARNETI
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Boord of the County of Hornell. North Carolina. that the following amendment be mode to the annual
budget ordinance for the fiscal year ending June 30, 2020.
Section 1. To amend the Solid Waste Department, the appropriations are to be changed as
follows:
EXPENDITURE AMOUNT
ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE
6607410 543010 RENTAL-COPIERS $140
6607410 543090 RENTAL-OTHER EQUIPMENT $300
6607 4 10 532070 INTERNET SERVICE $460
6607410 533060 SEWER $750
6607410 533050 WATER $1.200
6607410 543040 RENTAL-COMPUTERS $1.450
6607410 532010 TELEPHONE SERVICE $1.500
6607410 587000 NON-CAP ASSEST OFFICE FURNIT $2.000
607410 532030 CELLULAR SERVICE $4.313
6607 4 10 519090 OTHER $5.000
6607410 525020 VEHICLE SUPPLIES-TIRES $5.000
6607410 533010 ELECTRICITY $1,950
6607410 539090 OTHER SERVICES $5.000
6607410 526010 OFFICE SUPPLIES $7.581
6607410 535020 R&M-EQUIPMENT $7 .582
REVENUE AMOUNT
ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION :
TO ADJUST FUNDS TO APPROPRIATE ACCOUNTS
APPROVALS :
~,tf} Mt? XhJ?M t-euJA.,t,~ ,_,,..,,
Dept Head (dote) Finance Officem· a/fr) ~ County Manager (dote} -1"\ iD 1-1 <:: ·, ~
Section 2. Copies of this budget amendment shall be furn shed ta the Cl rk to the Boord. and to the Budget
Officer and the Finance Officer for their direction.
Adopted this ___ day of _______ • 20 _.
Margaret Regina Wheeler.
Clerk to the Board
Gordon Springle. Chairman
Board of Commissioners
081919a HCBOC Page 203
COUNTY OF HARNETT
BUDGET ORDINANCE AMENDMEN T
BE IT ORDAINED by lhe Governing Boord of the Counly of Harnett. North Carolina. that lhe following amendment be mode to the annu al budget ordinance
for the fiscal year ending June 30, 2020.
Section 1. To amend the Boa rd of Education Fund . Overhills HS Cafeteria, the appropriations ore to be changed as
EXPENDITURE AMOUNT
ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE
4705910 599000 OHSC CONTGCY CON TI NGENC GONTINGENC CONTINGENCY $15.137
4705910 519060 OHSC PFRSV ARCHT HITE&ASSOC ARCHITECT FEES {HITE&ASSOCI $15.137
REVENUE AMOUNT
ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION :
TO MOVE FUNDS TO COVER HITE & ASSOCIATES INVOICES FOR THE REMAINDER OF PROJECT.
Adopted this ___ day of --------. 20 _.
Margaret Regino Wheeler.
C lerk to the Boord
Gordon Springle. Chairman
Boord of Commissioners
081919a HCBOC Page 204