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Attach 05-14-2019e nor'ib caroling LL -LJ UU DUNN 7N P2079_06 (q((ach X77 �`V' 0544-2079 All-Raterlea clip city of dnun hT2e7'e Lo71Z7NL7ZLtV' 724G`EC7J In Recognition and9fonor of Mrs. Lisa Tarnier WHEREAS, responsible journalism is integral to a well-informed public and effective democracy; and WHEREAS, The Daily Record is the newspaper of record for the City of Dunn and Greater Dunn Area including the County of Harnett, and WHEREAS, Lisa Fanner was hired as a reporter at The Daily Record in 1988 and worked her way through the ranks to become the Managing Editor in 1994; and WHEREAS, Lisa has spent her career bringing fair and unbiased reporting, as well as many human interest stories to our community for more than 31 years, "putting her stamp on the news pages and instilling the culture of comprehensive community coverage for which The Daily Record is known" according to former publisher Bart Adams; and WHEREAS, Lisa has covered the City Council meetings of the City of Dunn for many of those years and attended several Budget Planning Retreats, reporting the actions and activities of the City of Dunn municipal government, and holding its elected officials and staff to a high standard of transparency for our residents; and WE REAS, Lisa has provided an example for many others in the field of journalism, as she has managed the news room with professionalism and patience, leading by example with great poise_ and an admirable ability to act with "grace under fire"; and WHEREAS, among North Carolina Press Association awards, Lisa earned first place in investigative reporting, an award she shared with the late Hoover Adams, founder of The Daily Record; and WHEREAS, Lisa's involvement in the community has led to additional honors such as being named one of the top 10 VIP Women in Harnett County by the Harnett County Business and Professional Women, Outstanding Advisor award in 2007 for her work with the Campbell Times, and the prestigious Paul Harris Fellow award by the Dunn Rotary Club, where she is currently serving as President Elect; and WHEREAS, Lisa has been married to David Farmer for thirty-two years and together they have a daughter, Alycia and three grandchildren, Ian, Layla and Hailey. NOW THEREFORE BE IT RESOLVED, I, Oscar N. Harris, Mayor of Dunn, North Carolina, and on behalf of the City Council and citizens of Dunn, recognize and honor the achievements and successes of Lisa Farmer's career of excellence, as a Reporter and the Managing Editor of The Daily Record. AND BE IT FURTHER RESOLVED, that we wish to express our sincere appreciation for her professional journalism service to our community and wish her the very best in her future endeavors. Proclaimed this the 14' day of May, 2019. ATTEST: � Y C1'm�w-`-,� �Ogvy-µ/2J T y W lliams, ity Clerk AFFP 506 E. TOWNSEND ST. Affidavit of Publication STATE OF NC) SS COUNTY OF HARNETT } The Undersigned, being duly sworn, says: That she is Representative of the The Daily Record, a weekly newspaper of general circulation, printed and published ;n Dunn, Hai neii County, NC; that the - publication, a copy of which is attached hereto, was . published in the said newspaper on the following dates: May 01, 2019, May 07, 2019 Attach #2 05-14-2019 LEGAL NOTICE - NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF DUNN, NORTH CAROLINA, UNDER AUTHORITY OF CHAPTER 160A, SECTION 364 OF THE GENERAL STATUTES OF NORTH CAROLINA, WILL HOLD A PUBLIC HEARING AT 7:00 P.M. ON MAY 14, 2019 IN THE COURTROOM OF THE DUNN MUNICIPAL BUILDING. THE FOLLOWING ITEMS WILL BE DISCUSSED. PUBLIC HEARING: (1) A HEARING WAS HELD ON FEBRUARY 8, 2019, IN REFERENCE TO THE DWELLING LOCATED AT 506 E. TOWNSEND ST. AT SAID HEARING, EVIDENCE WAS GIVEN TO SHOW THAT THE PROPERTY IS IN VIOLATION OF THE CITY OF DUNN MINIMUM HOUSING CODE AND N.C.G.S. 160A-428. AN ORDER WAS ALSO PLACED TO OWNER(S), ALBERTA F. SANDERS TO REPAIR OR DEMOLISH SAID DWELLING. TO DATE, NO RESPONSE HAS BEEN MADE. THEREFORE, IT WILL GO BEFORE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO HAVE THE DWELLING REMOVED AND ALL COSTS INCURRED BEA LIEN AGAINST THE PROPERTY. ALL PERSON DESIRING TO BE HEARD, EITHER FOR OR AGAINST THE PROPOSED ITEMS SET FORTH ABOVE, That said newspaper was regularly issued and circulated ARE REQUESTED TO BE PRESENT AT THE ABOVE on those dates. MENTIONED TIME AND PLACE. Representative STEVEN KING CHIEF BUILDING INSPECTOR CITY OF DUNN 5/1,7/2019 Subscribed to a0rd sworn to me this 7th day of May 2019. G. e�'f°1E7, Jcv� My commission expires: July 23, 2022 , fy Bf 60 BB LLt'� 00019175 00041576 CITY OF DUNN P.O. BOX 1065 DUNN, NC 28335 aL.b,Si{ Mon 3711/261912:11 PM �itt classifieds@i-nydailyrecord.coi-n 514-201 Re: Public Hearing - Rezoning Request RZ-01-19 To Melissa Matti You forwarded this message on 3/11/201912:36 PM MARCH 26TH HFARNG jpg (67 KB) Cost is $425.58. Thank You. On 3/7/2019 3:22 PM, Melissa Matti wrote: Attached please find a Notice of Public Hearing— Rezoning Request RZ-01-19 Please advertise on March 12th, March 19th, and March 26th, 2019 and please confirm receipt. Thank you, Melissa Matti, CIVIC Administrative Support Specialist 11 City of Dunn PO Box 1065 Dunn, NC 28335 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT PUBLIC HEARING WILL BE HELD BY THE CITY OF DUNN PLANNING BOARD ON MARCH 26, 201'9 AT 6:30 P.M. AND BY THE CITY COUNCIL OF THE CITY OF DUNN ON APRIL 9.2019 AT 7:00 P.M. IN THE COURTROOM OF THE DUNN MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE FOLLOWING ITEMS: REZONING REQUEST- RZ-01-19 PIN: 1516-75-3827.000 Rothal & Victorla W. Pike (applicant & owner) and PIN:1516-75.2881.000 Rothall& Victoria W. Pike (applicant & owner) This is a request to rezone two parcels :26 acres +/- located at 206 S. Washington Ave. and .25 acres +/-located at 210 S. Washington Ave. ThePProperty is currently zoned C-3, Highway Commercial Dislnct and is proposed to be rezoned to R-7. Single Family Dwelling District. ALL PERSONS DESIRING TO BE HEARD EITHER FOR OR AGAINSTTHE PROPOSED ITEMS SET FORTH ABOVE ARE REQUESTED TO BE PRESENT AT THE ABOVE MENTIONED TIME AND PLACE, COPIES OF PROPOSED ITEMS ARE AVAILABLE FOR REVIEW AT THE DEPARTMENT OF PLANNING DURING NORMAL BUSINESS HOURS MONDAY THROUGH FRIDAY. WRITTEN COMMENTS MAY BE ADDRESSED TO: PLANNING DEPARTMENT CITY OF DUNN P.O. Box 1065 DUNN, NC 28335 3112;19,2612099 QTY OF DUNN.jpg (72 KB) From: classifieds(o)mvdailvrecord.com rmailto:classifieds@mvdailyrecord.coml Attach #4 05-14-2019 Sent: Friday, April 12, 2019 9:30 AM To: Melissa Matti <MMattiPdunn-nc.org> Subject: Re: Notice of Public Hearing - Rezoning Request RZ-02-19 and Ordinance Amendment OA -0418. Cost is $ 425.58 On 4111/2019 3:56 PM, Melissa Matti wrote: Attached please find a Notice of Public Hearing— Rezoning Request RZ-02-19 and Ordinance Amendment OA -04-18. Please advertise on April 161i, April 23rd, and April 30rh, 2019 and please confirm receipt. Thank you, Met%ssa Matt% CMG Administrative Support Specialist If City of Dunn POBo1 65 NOTICE OF PUBLIC HEARING Dunn, NC 28335 Du, 28 NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE (910) 230-3505 (o) HELD BY THE CITY OF DUNN PLANNING BOARD ON APRIL 23. OF THE CITY AT 630 P.M. D BY THE CITY11N (910) 230-9005 (f) OF DUNN ON MAY 14, 2019 AT 7-00 P.M.019 TIHE COURTROOM mmatti@dunn-nc.org OF THE DUNN MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE FOLLOWING ITEMS: REZONING, REQUEST — RZ-02-19 PIN: 1516 38.2806.000 Jernigan Brothers, Inc. (applicant & owner) This is a request to rezone one parcel .34 acmes +I- located at 1005 W. Cumberland SL The property is currently zoned OI, Office & In- stitutional District and is proposed to be rezoned to C-3, Highway Commercial District. ORDINANCE AMENDMENT REQUEST— OA -04-18 Chapter 22; Article III, Division 7 of the Zoning Ordinance — C 2; Shopping Center District This request is to amend the Ordinance to allow for outparcel(s) with a minimum lot area of 40,000 square feet. ALL PERSONS DESIRING TO BE HEARD EITHER FOR OR AGAINST THE PROPOSED ITEMS SET FORTH ABOVE ARE REQUESTED TO BE PRESENT ATTHE ABOVE: MENTIONED TIME AND PLACE. COPIES OF PROPOSED ITEMS ARE AVAILABLE FOR REVIEW AT THE DEPARTMENT OF PLAN- NING DURING NORMAL BUSINESS HOURS MONDAY THROUGH FRIDAY. WRITTEN COMMENTS MAYBE ADDRESSED TO: PLANNING DEPARTMENT CITY OF DUNN P.O. BOX 1065 DUNN, NC 28335 4/16,23,30!2019 CITY OF DUNN REQUEST FOR BUDGET REVISION FISCAL YEAR ENDING I 6/30/2019 Budget Amendment #09 BA #09 (Attach #5) Department: Parks and Recreation 05-14-2019 Date: 5/14/2019 FUND BUDGET CODE LINE ITEM DESCRIPTION Appropriation Before Amendment Amount of Amendment Increase/Decrease General 10-299-0000 General Fund $ $ 28,000.00 Appropriation After Amendment General 10-620-7400 Capital Outlay $ 119,813.00 $ 38,000.00 $ 157,813.00 Recreation 10-620-0300 Contract Labor $ 40,000.00 $ (10,000.00) $ 30,000.00 $ $ $ $ $ $ $ LY.F'LNUI IUKL IUTAL: $ 119,813,00 $ 28,000.00 $ 157,813.00 Appropriation Amount of FUND BUDGET CODE LINE ITEM DESCRIPTION Before Amendment Amendment Increase/Decrease Appropriation After Amendment General 10-299-0000 General Fund $ $ 28,000.00 $ 28,000.06- $ $ KEVENUt IUTAL: $ 28,000.00 $ 28,000.00 CERTIFICATION: I certify this requested budget amendment wa p e by the City Council on: City Manager: Date:5/14/19 Finance Directo: Date:5/14/19 JUSTIFICATION: To replace woodeff fence at Tart Park FUNDING SOURCE: Rec Line Item/Fund Balance FOR REGISTRATION Kimberly S. Hargrove REGISTER OF DEEDS -- -- -- - - --- Harnett Count NC 2019 MAY 29 02:4:30 PM 02019-02 (Attach #6) BK.3FEE:$2E100-188 05-14-2019 INSTRUMENT # 2019006989 SARTIS 201II00698P�a1�N�4� ®north Carolina Mayor Oscaz N. Hams Mayor Pro Tem Frank McLean Council Members U N Buddy Maness city o f B u n n Dr. Gwen McNeill Billy Tart POST OFFICE BOX 1065 • DUNN, NORTH CAROLINA 28335 Chuck L. Dr. David B David LL. Bradham (910) 230-3500 • FAX (910) 230-3590 City Manager www.dunn-nc.org Steven Neuschafer AN ORDINANCE DIRECTING THE BUILDING INSPECTOR TO REMOVE OR DEMOLISH THE PROPERTY HEREIN DESCRIBED AS AN UNSAFE BUILDING CONDEMNED PURSUANT TO N.C.G.S. §160A-426, ET SEQ. WHEREAS, that on February 1st, 2019, the Chief Building Inspector for the City of Dunn sent a notice to Alberta F. Sanders, the owner(s) of record of structure located at 506 E. Townsend St. noting that the structure was in a condition that constitutes a fire and safety hazard, and is dangerous to life, health and property and was thereby condemned, pursuant to North Carolina General Statute §160A-426, and noticed the property owner of a hearing on February 8th, 2019 at the office of the Chief Building Inspector located at 102 North Powell Ave., Dunn, North Carolina pursuant to North Carolina General Statute §160A-428; and WHEREAS, on February 8th, 2019 a hearing was conducted by the Chief Building Inspector Steven King, following the completion of the hearing, the Chief Building Inspector entered an Order, pursuant to North Carolina General Statute §160-429, declaring that the structure referenced above is in a condition that constitutes a fire or safety hazard and is dangerous to life, health or other property and ordering the property owner to repair or demolish the structure on the property within sixty (60) days of the date of such Order, being April 16th, 2019; and DUNN All-Amuice City 1 I 2,TAer6 rMNffqr Xa&erS isav*zo>3 WHEREAS, the owner of the above described structure did not appeal the Order of the Building Inspector within the ten (10) day time period prescribed in North Carolina General Statute §160A-430 and such Order is therefore a final Order; and WHEREAS, on May 1st, 2019 and May 7th, 2019, the City of Dunn published legal notices that a public hearing would be held before the Dunn City Council on May 14th, 2019 to consider the adoption of this Ordinance, directing that the Building Inspector proceed with the demolition of the structure described hereby, and that all costs incurred shall be a lien against such property, pursuant to North Carolina General Statute §160A-432; and WHEREAS, the City Council of the City of Dunn, NC finds that the structure described herein is dangerous or prejudicial to the public health or public safety and is a nuisance in violation of North Carolina General Statute 160A-193; and WHEREAS, this structure should be removed or demolished, as directed by the Chief Building Inspector, and is an unsafe building condemned as set forth in North Carolina General Statute §160A-426 and constitutes a fire and safety hazard; and WHEREAS, the owner of this structure has been given a reasonable opportunity to repair or demolish the structure pursuant to an Order issued by the Building Inspector on February 15th, 2019 and the owner has failed to comply with this order; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dunn, North Carolina that: Section 1. The Building Inspector is hereby authorized and directed to place a placard on the exterior of the structure described herein, containing the legend: "This building is unfit for human habitation and is a public nuisance; the use or occupation of this building for human habitation is prohibited and unlawful." On the structure at the following address: 506 E. Townsend St., Dunn, NC 28334 PIN #: 1516-87-9662.000 PARCEL ID #: 02151608310007 Section 2. The Building Inspector is hereby authorized and directed to proceed to remove or demolish the above described structure in accordance with his Order to the owner thereof dated the 15th day of February, 2019 and in accordance with North Carolina General Statute §160A-432, based on the owner's failure to comply with such Order. Section 3. (a) The cost of removal or demolition shall constitute a lien against the real property upon which the cost was incurred. The lien shall be filed in the office of the City Tax Collector, and shall have the same priority and be collected in the same manner as the lien for special assessments in Article 10 of Chapter 160A of the North Carolina General Statutes, and such costs shall also be lien against any other real property owned by the owner of the property within the City of Dunn, North. Carolina, or within one (1) mile of the City of Dunn city limits, except for the property owner's primary residence. (b) Upon completion of the required removal or demolition, the Building Inspector shall sell the useable materials of the structure and any personal property, fixtures, or appurtenances found in the building and credit the proceeds against the cost of removal or demolition. The Building Inspector shall certify the remaining balance to the Tax Collector. If a surplus remains after sale of the materials and satisfaction of the cost of removal or demolition, the Building Inspector shall deposit the surplus with the Harnett County Clerk of Superior Court where it shall be secured in the manner provided by North Carolina General Statute §160A- 432. Section 4. It shall be unlawful for any person to remove or cause to be removed the placard from any building to which it is affixed. It shall likewise be unlawful for any person to occupy or to permit the occupancy of any building therein declared to be unfit for human habitation. Section S. This ordinance shall become effective upon its adoption. Adopted this the 14th day of May, 2019, � GiTY pF ��..... o rORPC) 1- 0 % 1-p% 847A Attest:•....... . . . �''•,y CARO` Tam y Willia s City Clerk Oscar N. Harris, Mayor 02019-03 (OA -04-18) Attachment # 7 Adopted: 05-14-2019 The City of Dunn Code of Ordinances is hereby amended by revising Article III, Division 7, Section 22-164 (1) DIVISION 7. C-2 Shopping Center District Sec. 22-164. Enumerated by district. The following dimensional requirements shall apply within the C-2 shopping center district: (1) Minimum lot area: Three (3) acres. For outparcel. (2) Minimum yard size: a. Front: Forty (40) feet. b. Rear: Twenty (20) feet. c. Side: Twenty (20) feet, each side. (3) Minimum lot area - outparcels: 40,000 square feet for outparcel with no separate road access. (Code 1974, § 25-46; Ord. No. 02007-12, 9-6-07) 1 Attach #8 Skip Green and Associates, Inc. 05-14-2019 Administrative Services Agreement SKIP GREEN AND ASSOCIATES, INC. PROFESSIONAL SERVICES AGREEMENT AGREEMENT This Agreement made and entered into this _ day of 2019 by and between Skip Green and Associates, Inc. hereinafter referred to as "Contractor" and the City of Dunn, hereinafter referred to as the "Client" to provide services as related to the Client's Rural Economic Development Division, North Carolina Department of Commerce, Small Cites Community Development Block Grant Neighborhood Revitalization (CDBG-NR) Project. WITNESSETH: THAT WHEREAS, the Contractor is engaged in the principal business of providing administrative, planning and grant services to Private entities, individuals and special purpose units of government; and WHEREAS, the Client has received a Rural Economic Development Division CDBG- NR grant to assist in the Northeast Community's revitalization efforts including housing rehabilitation and demolition/clearance activities. WHEREAS, the Client desires to utilize the Contractor to provide administrative services in connection with this grant; and NOW, THEREFORE in consideration of the mutual promises and agreement to each other hereinafter set forth., Contractor and Client agree as follows: SECTION ONE: SCOPE AND TERM OF EMPLOYMENT The Contractor will provide services to the Client as contained in "Exhibit A" which is attached to this agreement and made a part hereof. SECTION TWO: COMPENSATION OF CONTRACTOR For and in consideration of the services, which may be provided under this Agreement, the Client hereby agrees to compensate the Contractor a lump sum fee of $57,000 for CDBG-NR administrative services. Administration payments will be due and payable as outlined in "Exhibit B" which is attached to this agreement and made a part hereof. Skip Green and Associates, Inc. Administrative Services Agreement SECTION THREE: MODIFICATION OF CONTRACT No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by Contractor and Client and no evidence of any waiver or modification shall be offered or received in evidence of any proceeding, arbitration, or litigation between the parties hereto arising out of or affecting this Agreement or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed as aforesaid, and the parties further agree that the provisions of this section may not be waived except as herein set forth. SECTION FOUR: LEGAL REMEDIES/TERMINATION If through any cause, Contractor or Client fails to fulfill in a timely and proper manner the obligations under this contract, Contractor and Client shall thereupon have the right to terminate this contract by giving fifteen (15) days written notice to the other parry of such termination and by specifying the cause of termination and the effective date thereof. In any event, all finished or unfinished deliverable items prepared by the Contractor under this contract shall entitle the Contractor to receive just and equitable compensation for work completed and deliverable. Payment shall be for accrued fees for services and expenses incurred remaining unpaid at the time of termination. It is further agreed that any breach or evasion of any of the terms of this contract by either party will authorize recourse to injunction and/or specific performance as well as to all other legal or equitable remedies to which such injured party may be entitled hereunder. SECTION FIVE: IMPOSSIBILITY OF PERFORMANCE Neither the Contractor or Client shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by an act of war, hostile foreign action, nuclear explosion, riot, strikes, boycott, civil insurrection, earthquake, hurricane, tornado or other catastrophic natural event or act of God. SECTION SIX: SEVERABILITY All agreements and covenants contained herein are severable, and in the event any of them, with the exception of those contained in Section One and Three hereof, shall be held to be invalid by any competent court of law, this contract shall be interpreted as if such invalid agreements or covenants were not contained herein. 2 Skip Green and Associates, Inc. Administrative Services Agreement SECTION SEVEN: CHOICE OF LAW It is the intention of the Contractor and Client that this Agreement and the performance hereunder and all suits and special proceedings hereunder be construed in accordance with and under and pursuant to the federal laws and to the laws of North Carolina and that in any action, special proceeding or other proceeding that may be brought arising out of, in connection with, or by reason of this Agreement, the federal laws or the laws of the State of North Carolina shall be applicable and shall govern to the exclusion of any other forum, without regard to the jurisdiction in which any action or special proceeding may be instituted. SECTION EIGHT: CONFLICT OF INTEREST No member, officer, or employee of the recipient, or its agents, no members of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any financial interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. Immediate family members of said members, officers, employees, and officials are similarly barred from having any financial interest in the program. The recipient shall incorporate, or cause to be incorporated, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to the purpose of this section. SECTION NINE: ADDITIONAL SERVICES This contract may be modified as set forth in "SECTION THREE" to enable additional services to be performed. Additional services are those resulting from (1) the Contractor being asked to perform duties beyond those contained in the original scope of work and (2) the Contractor having to spend additional time to complete activities due to circumstances beyond the Contractor's control. The Contractor's lump sum does not include compensation for providing additional services. a. The Contractor shall provide additional services, as requested in writing by the Client and accepted by the Contractor, at an hourly rate of $90.00. b. In the event that the project completion is anticipated to fall behind schedule due to circumstances beyond the control of the Contractor, the Contractor shall request additional compensation from the Client at hourly and per diem rates contained in the Contractor's proposal to provide administrative services, which by attachment is a part of this Agreement. 3 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 Skip Green and Associates, Inc. Administrative Services Agreement SECTION NINE: CDBG CONTRACT PROVISIONS Professional Services Contract Provisions Provision Conflict of Interest Provision Legal Remedies Provisions Termination Provision Nondiscrimination Clause Age Discrimination Clause Handicap Discrimination Clause E.O. 11246 Clause Section 3 Clause Access to Records and Record Retainage Clause .obbying Clause CONFLICT OF INTEREST Contract Amount All $10,000 Contracts & Over X x x x X x x x x x x x x x No member, officer, or employee of the recipient, or its agents, no members of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any financial interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. Immediate family members of said members, officers, employees, and officials are similarly barred from having any financial interest in the program. The recipient shall incorporate, or cause to be incorporated, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to the purpose of this section. 2/3. LEGAL REMEDIES/TERMINATION If through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this Agreement, or if the Contractor shall violate any of the provisions of this Agreement, the Owner may upon written notice to the Contractor terminate the right of the Contractor to proceed under this Skip Green and Associates, Inc. Administrative Services Agreement Agreement or with such part or parts of the agreement as to which there has been default, and may hold the Contractor liable for any damages caused to the Owner by reason of such default and termination. In the event of such termination, the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the Owner. The Contractor, however, shall not be relieved of liability to the Owner for damages sustained by the Owner for reason of any breach of the Agreement by the Contractor for the purpose of setoff until such time as the amount of damages due the Owner from the Contractor is determined. The Contractor shall not be held liable for damages under this Article solely for reasons of delay if the delay is due to causes beyond his control and without his fault or negligence, but this shall not prevent the Owner from terminating this Agreement because of such delay. 4. NONDISCRIMINATION No persons in the United States shall on the grounds of race, color, creed, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this title. 5. AGE DISCRIMINATION Age Discrimination Act of 1975 (as amended): No qualified person shall on the basis or age be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which received benefits from Federal Financial Assistance. 6. HANDICAP DISCRIMINATION Section 504 of the Rehabilitation Act of 1973 (as amended): No qualified handicapped person shall, on the basis of the handicap be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which received benefits from Federal Financial Assistance. 7. EXECUTIVE ORDER 11246 During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited 5 Skip Green and Associates, Inc. Administrative Services Agreement to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. the contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and. orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies involved as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 1.1 Skip Green and Associates, Inc. Administrative Services Agreement a. SECTION 3 PROVISIONS a. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the U.S. Department of Commerce and is subject to the requirements of Section 3 of the Housing and Community Development Act of 1968 (as amended), 12 U.S.C. 170lu_ Section 3 requires that to the greatest extent possible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with this project be awarded to business concerns which are located in, or owned in substantial part by persons residing In the project area. b. The parties to this Agreement will comply with the provisions of said Section 3 and the regulations issued pursuant to the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this Agreement certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. c. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the labor organization or workers or representatives of his commitments under this contract and shall post copies of the notice in conspicuous places available to employees and applicants for employment and training. d. The contractor will include this Section'3 clause in every subcontract for work in connection with this project and will, at the direction of the application for or receipt of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations by the Secretary of Housing and Urban Development, 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the other has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. e. Compliance with the provisions under Section 3, the regulations set forth under 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of this contract, shall be a conditions of the Federal financial assistance provided to the project, binding upon the applicant and recipient for such assistance, its successors and assigns 7 Skip Green and Associates, Inc. Administrative Services Agreement to those sanctions specified by the grant or loan agreement of the contract through which Federal financial assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. 9. ACCESS TO RECORDS AND RECORD RETAINAGE In general, all official project records and documents must be maintained during the operation of this project and for a period of five (5) years following the close- out. The U.S. Department of Housing and Urban Development, the North Carolina Department of Commerce, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the Administering Agency which are pertinent to the execution of this Agreement, for the purpose of making audits, examination, excerpts and transcriptions. iL�S�7 '1WICKOWTIR&I WI Required by Section 1352, Title 31, U.S. Code (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative, agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid any persons for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. I-] Skip Green and Associates, Inc. Administrative Services Agreement SECTION TEN: CDBG CONTRACT SIGNATURE PAGE This Agreement now therefore executed as each party hereunto sets their hand and seal as of the date first mentioned above. CONTRACTOR: CLIENT: Skip Green and Associates, Inc. City of Dunn Je e W. Green, Jr., Presi t :U3<5v79Date Date Skip Green and Associates, Inc. Administrative Services Agreement EXHIBIT -A PROJECT MANAGEMENT SERVICES RURAL ECONOMIC DEVELOPMENT DIVISION, CDBG-NR PROJECT ADMINISTRATION Scope of Services Skip Green and Associates, Inc. will provide full-CDBG project administration services to meet REDD program requirements. Project administration activities include. GENERAL PROJECT ADMINISTRATION. Administer the grant, directly reporting to the City Manager. General administration services include: the overall coordination of the various CDBG program components, preparation of required CDBG policies, plans, procedures, financial system set-up including project budget ordinance for the appropriate City staff (Manager, Finance Director and Attorney) review and approval before City Council adoption consideration; prepare environmental documentation and insure no non -administrative activities occur until CDBG funds are released; meet all CDBG special conditions; oversee the management/maintenance of CDBG project files at the City Municipal Building; attend applicable meetings/hearings; weekly on-site visits; prepare reports, payment requisitions, amendments, etc. for City review and action; implementation of CDBG policies/programs including Fair Housing Plan, Section 3 Plan, Equal Employment and Procurement, Anti -Displacement and Relocation Assistance, City's Housing Plan; procurement; recommend contracting and payment requests, Davis -Bacon (if applicable – clearance/site leveling); and assuring Anti -Displacement and Relocation Assistance requirements are met; etc.; and work directly with Mary Watson, Johnston -Lee -Harnett Action (Skip Green and Associates, Inc. subcontractor) to insure the housing activities performed by JLHA staff meet CDBG, City Housing Program, and Housing Selection Committee requirements and/or selection activities. HOUSING REHABILITATION (Subcontractor - Johnston Lee Harnett Community Action). Maintain housing files for each participating homeowner. Meet with homeowners and assist in the preparation of loan applications and make recommendations to the City Manager. Procure and make recommendations to develop a contractor bidder list. Procure individual housing rehabilitation contracts and provide assistance in the execution of contracts. Perform housing write—ups; housing inspections at least twice a week that include pictures and notes, including energy audits; housing inspections; review/recommend contractor application for payments and change orders; perform final inspection; warranty calls. Ensure that Lead- Based Paint Regulations found at 24 CFR 10 Skip Green and Associates, Inc. Administrative Services Agreement Part 35 and N.C. Statue 130A-435.01-453.11 — Lead -Based Paint Hazard Management Program well be followed for all houses constructed prior to 1978 rehabilitated. DEMOLITION/CLEARANCE Obtain voluntary permission or the use of NO General Statute to clear vacant dilapidated homes. Procure clearance contractors. Recommend contractor and ensure contract includes applicable CDBG requirements, including Davis Bacon. If applicable, provide Davis Bacon construction administration. is Skp Green and Associates, Inc. Administrative Services Agreement RURAL ECONOMIC DEVELOPMENT DIVISION, CDBG-NR PROJECT ADMINISTRATION Project Administration Lump sum payment of $57,000 Project schedule: Project begins: 06/11/2019 Project ends: 02/13/2022 15% of the lump sum payment ($8,544) will be paid as 32 equal payments ($267) for general project administration. 80% of the lump sum payment ($45,606) will be paid based on the rehabilitation of 18 houses at a $2,533 per house administration cost. The amount billed will be based on percent completion of each housing contract. 5% of the lump sum payment ($2,850) will be paid after the submittal and acceptance of the Rural Economic Development Division's Final CDBG Report. Any unpaid amounts up to the lump sum will be paid when the City submits project close-out documentation and receives REDD acknowledgment the project has been closed -out.. 12 OFFER TO PURCHASE AND CONTRACT - VACANT LOT/LAND [Consult "Guidelines" (form 12G) for guidance in completing this form] NOTE: This contract is intended for unimproved real property that Buyer will purchase only for personal use and does not have immediate plans to subdivide. It should not be used to sell property that is being subdivided unless the property has been platted, properly approved and recorded with the register of deeds as of the date of the contract. If Seller is Buyer's builder and the sale involves the construction of a new single family dwelling prior to closing, use the standard Offer to Purchase and Contract—New Construction (Form 800-T) or, if the construction is completed, use the Offer to Purchase and Contract (Form 2-T) with the New Construction Addendum (Form 2A3 -T). For valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Buyer offers to purchase and Seller upon acceptance agrees to sell and convey the Properly on the terns and conditions of this Offer To Purchase and Contract and any addendum or modification made in accordance with its terms (together the "Contract"). 1. TERMS AND DEFINITIONS: The terms listed below shall have the respective meaning given them as set forth adjacent to each term. (a) "Seller": DOTTIE TURNER DRIVER (b) "Buyer": CITY OF DUNN (c) "Property": The Property shall include all that real estate described below together with all appurtenances thereto including the improvements located thereon. NOTE: If the Property will include a manufactured (mobile) home(s), Buyer and Seller should consider including the Manufactured (Mobile) Home provision hn the Additional Provisions Addendum (Standard form 2A1 I -T) with this offer. Street Address: SOUTH ELM AVENUE City: DUNN Zip: 28334 I NOTE: Governmental authority over taxes, zoning, school districts, utilities and mail delivery may differ front address shown. Legal Description: (Complete ALL applicable) Plat Reference: Lot/Unit , Block/Section Subdivision/Condominium , as shown on Plat Book/Slide at Page(s) The PIN/PID or other identification number of the Property is: '1516-7 6-23 03. 000 Other description: REID # 0009416 Some or all of the Property may be described in Deed Book 98E at Page 144 (d) "Purchase Price": 1,000.00 S 79,000.00 paid in U.S. Dollars'upon the following teens: BY DUE DILIGENCE FEE made payable and delivered to Seller by the Effective Date. BY INITIAL EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph I(f) by ❑ cash [D personal check ❑ official bank check ❑ wire transfer, ❑ electronic transfer, EITHER ❑ with this offer OR ❑ within five (5) days of the Effective Date of this Contract. BY (ADDITIONAL) EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph I(f) by cash, official bank cheek wire transfer or electronic transfer no later than 5 p.m. on TIME BEING OF THC ESSENCE. BY ASSUMPTION "of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum (Standard Fonn 2A6 -T). . BY SELLER FINANCING in accordance with the attached SellerFinancing Addendum (Standard Form 2AS-T). BALANCE of the Purchase Price in cash at Settlement (some or all of which may be paid with the proceeds of a new loan).. This form jointly approved h Page I of I1 7 Y PP Y STANDARD FORM 12-T North Carolina Bar Association E Revised 7/2018 North Carolina ciation of REALTORS Inc. FUUALIBUSINc © 7/2018 REALTOR® o oPPURTUMiY Buyer initials Seller initials :'Z�1� Ellis Harbour @ Sons len. PO BOX 8790=,% NO 28335 Phone:(910)892-3185 Fes: (910)892-3470 CITY OFOUNN- WayneBaduur Practiced with alpForMO by aipt-C&18070 Fifteen Mile Road, Fraser, Michigan 48026 ymnLzipLcWcom OFFER TO PURCHASE AND CONTRACT - VACANT LOT/LAI [Consult "Guidelines" (form 12G) for guidance in completing this fon Atta 2019 NOTE: This contract is intended for unimproved real property that Buyer will purchase only for personal use and does not have immediate plans to subdivide. It should not be used to sell property that is being subdivided unless the property has been platted, properly approved and recorded with the register of deeds as of tlie:date of the contract. If Seller is Buyer's builder and the sale involves the construction of a new single family dwelling prior to closing, (se the standard Offer to Purchase and Contract—New Construction (Form 800-T) or, if the construction is completed, use the Offer to Purchase and Contract (Form 2-T) with the New Construction Addendum (Form 2A3 -T). For valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Buyer offers to purchase and Seller upon acceptance agrees to sell and convey the Property on the terms and conditions of this Offer To Purchase and Contract and any addendum or modification made in accordance with its terms (together the "Contract"). 1. TERMS AND DEFINITIONS: The terms listed below shall have the respective meaning given them as set forth adjacent to each term. (a) "Seller": JOY L WEEKS RAYMA L STEPHENSON (b) "Buyer": (c) "Property": The Property shall include all that real estate described below together with all appurtenances thereto including the improvements located thereon. NOTE: If the Property will include a manufactured (mobile) home(s), Buyer and Seller should consider including the Manufactured (Mobile) Home provision in the Additional Provisions Addendum (Standard Form 2A] 1-T) with this offer. Street Address: 104 S ELM .AVENUE City: DUNN Zip: 28334 n,.,,,,ti,• uao3.n.mm Nnrth f arnlir,a ' NOTE: Governmental authority over taxes, zoning, school dipfricts, utilities and mail delivery may differ from address shown. Legal Description: (Complete ALL applicable) Plat Reference: Lot/Unit _ , Blook/Section Subdivision/Condominium , as shown on Plat Book/Slide at Page(s) The PIN/PID or other identification number of the Property is: 1516-76-3413.000 Other description: REID# 0019132 Some or all ofthe Property may be described in Deed Book 286 at Page 237 (d) "Purchase Price": $ 45,000.00 paid in U.S. Dollars upon the following terms: $ BY DUE DILIGENCE FEE made payable and delivered to Seller by the Effective Date. $ 1,000.00 BY INITIAL EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph 1(f) by ❑ cash IM personal. check L] official bank check ❑ wire transfer, ❑ electronic transfer, EITHER ❑ with this offer OR ❑ within five (5) days of the Effective Date of this Contract. $ BY (ADDITIONAL) EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph I(f) by cash, official bank check, wire transfer or electronic transfer no later than 5 p.m. on TIME BEING OF;TIIE ESSENCE. $ BY ASSUMPTION'of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum (Standard Form 2A6 -T). $ BY SELLER FINANCING in accordance with the attached Seller Financing Addendum (Standard Form 2A5 -T). $ 44,000.00 BALANCE of the Purchase Price in cash at Settlement (some or all of which may be paid with the proceeds ofa new loan). This form jointly approved by: Page 1 of I 1 STANDARD FORM 12-T North Carolina Bar Association = Revised 7/2018 REALTOR, North Carolina A iation of REALTORS@, Inc. Ali OPPORTUNITY © 7/2018 Seller initials(.L LJ 1* S Buyer initials._ Ellis➢uFourk Sons 1n, PO BOX 87913unn, NC 28335 Phane:(910)892-3185 Fnx: (910)892-3470 CITY OFDUNN- Wnyne Dad+our prods sed with zipFonn® by zipLogix 16070 Fifteen Mile Road, Fraser, Michigan 48026 OFFER TO PURCHASE AND CONTRACT - VACANT LOT/LAND [Consult "Guidelines" (form 12G) for guidance in completing this form] NOTE: This contract is intended for unimproved real property that Buyer will purchase only for personal use and does not have immediate plans to subdivide. It should not be used to sell property that is being subdivided unless the property has been platted, properly approved and recorded with the register of deeds as of the date ofthe contract. If Seller is Buyer's builder and the sale involves the construction of a new single family dwelling prior to closing, use the standard Offer to Purchase and Contract—New Construction (Form 800-T) or, if the construction is completed, use the Offer to Purchase and Contract (Form 2-T) with the New Construction Addendum (Form 2A3 -T). For valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Buyer offers to upon acceptance agrees to sell and convey the Property on the terms and conditions of this Offer To Purchase and Contract and any addendum or modification made in accordance with its terms (together the "Contract"). 1. TERMS AND DEFINITIONS: The terms listed below shall have the respective meaning given them asset forth adjacent to each term. (a) "Seller": Roy S. Tart and wife Jeanne G. Tart (b) "Buyer": City of Dunn (c) "Property": The Property shall include all that real estate described below together with all appurtenances thereto.including the improvements located thereon. NOTE: If the Property will include a manufactured (mobile) home(s), Buyer and Seller should consider including the Manufactured (Mobile) Home provision in the Additional Provisions Addendum (Standard Form 2A11 -T) with this offer. Street Address: E. Cleveland Street City: Dunn Zip:28334 County: Harnett North Carolina NOTE: Governmental authority over taxes, zoning, school districts, utilities and mail delivery may differ from address shown. Legal Description: (Complete ALL applicable) Plat Reference:Lot/Unit Block/Section Subdivision/Condommium as shown on Plat Book/Slide at Page(s) The PINNID or other identification number of the Property is: PID: 02151607010008 Other description: Some or all of the Property maybe described in Deed Book 588, Page 63, Harnett County Registry. (d) "Purchase Price": $ 40.000.00 paid in U.S. Dollars upon the following terms: $ BY DUE DILIGENCE FEE made payable and delivered to Seller by the Effective $ 1.000.00 Date BY INITIAL EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph 1(f) by 0 cash x personal check 0 official bank check 0 wire transfer, 0 electronic transfer, EITHER 0 with this offer OR 0 within five (5) days of the Effective Date of this Contract. BY (ADDITIONAL) EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph 1(f) by cash, official bank check, wire transfer or electronic transfer no later than , TIME BEING OF THE ESSENCE with regard to said date. $ BY ASSUMPTION ofthe unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum (Standard Form 2A6 -T). $ BY SELLER FINANCING in accordance with the attached Seller Financing Addendum (Standard Form 2A5 -T). $39,000.00 BALANCE of the Purchase Price in cash at Settlement (some or all of which may be paid with the proceeds of a new loan) Should Buyer fail to deliver either the Due Diligence Fee or any Initial Earnest Money Deposit by their due dates, or should any check or other funds paid by Buyer be dishonored, for any reason, by the institution upon which the payment is drawn, Buyer shall have one (1) banking day after written notice to deliver cash, official bank check, wire transfer or electronic transfer to the payee. In the event Buyer does not timely deliver the required funds, Seller shall have the right to terminate this Contract upon written notice to Buyer. Page 1 of 11 DocuSign Envelope ID: BA76C886-92D4-4DZA-972B-D6AO59CF904D OFFER TO PURCHASE AND CONTRACT - VACANT LOT/LAND [Consult "Guidelines" (form 120) for guidance in completing this form] Buyer tivill purchase only for personal use and does not have j NOTE: This contract is intended for unimproved real property the immediate plans to subdivide. It should not be used to sell propaty that is being subdivided unless the proper r h.as .been platted,' properly approved and recorded with the register of deeds as of the date of the contract. If Seller is Buyer's builder and the sale involves the construction of a new single family dwelling prior to closing,.use the standard Offer to Purchase and Contract—New Construction (Form 800-T) or, if the construction is completed, use the 01`11517to Purchase and Contract (Form 2-T) with.the New Construction Addendum (Form2AS-T), For valuable consideration, the receipt and legat sufficiency of which are hereby acknowledged, Buyer offers to purchase and Seller upon acceptance agrees to sell and convey the Property on the terms and conditions of this Offer To Purchase and Contract and any addendum or modification made in accordance with its teens (together the "Contract"). 1. TERMS AND DEFINI'T'IONS: The terms listed below shall have the respective meaning given them as set forth adjacent to each term. (a) "Seiler": D. SCOTT SKIN14ER DDS POA (b) "Buyer": CITY OP' DUNty - (c) "Property": The Property shall include all that real estate described below together with all appurtenances thereto including the improvements located thereon. NOTE: If the Property will include a manufactured (mobile) home(s), Buyer and Seller should consider including fhe ivianufactured (Mobile) Home provision in the Additional Provisions Addendum (Standard Form 2A I 1-T) with this offer. _ Street Address: E BROAD ST, 6 ri; wn t ve, , J .Lrn Zi City: DUNN p: 28334 County: HARNETT _ __-- , North Carolina NOTE; Governmental authority overtaxes, school districrs, utilities and mail delivery may differ firomadtlress shown. Legal Description: (Complete ALL applicable) Plat Reference: Lot/Unit, BlocldSection , Subdivision/Condominium as shown on Plat Book/Slide at Pages) The PIN/PID or other identification number of tine Property is: 1516-76-2457,000 Othercicscription: REID#0002076 Some or all ofthe Property may be described in Deed Book 442 at Page 109 '(d) "Purchase Price": S 40 "300.00 paid in U,S. Dollars upon the 0ollowing terms: S BY DUE DILIGENCE FEE made payable and delivered to Seller by the Effective Date. $ 1,000. 0o BY INITIAL EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph I(f) by 0 cash M personal check 0 official bank check 0 wire transfer, 0 electronic transfer, EITHER 0 with this offer OR 0 within five (5) days of the'Effective Date of this Contract. S BY (ADDITIONAL) EARNEST MONEY DEPOSIT made payable and detivered to Escrow Agent naalzd in Paragraph I(I) by cash, official bank check, wire transfer or electronic t"ansfsr'inc later than 5 p.nt. on Tl1Y'S BElNC OF T?/E ESSENCE. BY ASSUMPTION of the unpaid. principal balance and all Obligations of Seller on the existing loan(s) secured by a deed of oust on the Property in accordance with the attached Loan Assumption addendum (Standard Form 2A6 -T). S BY SELLER FINANCING in accordance with the attached Seller Financing Addendum (Standard Form 2A5 -'P)- $ 39 .000.00 BALANCE of true Purchase Price in cash at Settlement (some or all of which may be paid with the proceeds of a new loan). u This farm jointly approved byPage I of 11 STAINDARD'FOR11L 12-T ' North Carolina Bar Associatione5 = Revised 112018 REALTORe North coCarolinaSOCIa'C[011 OfREAL10RSti, Inc. EQUa oam O 7/2018 JJ OPMUxitt Buyer initials Seller initials al, uarwt. c Sons me PO BOX E79 ooa No 2a3.15 rhmia l91o}S92-1155 rax: ern•orvunN- �Y'erncunrowr Produced vntfl ipForme�by ziptogix 18070FIReer Mie Road, Ftaser.fdichtgan,8026 yaWaieLaglx NON-EXCLUSIVE BUYER AGENCY AGREEMENT This NON-EXCLUSIVE BUYER AGENCY AGREEMENT ("Agreement") is entered into (Date) between CITY OF DUNK as Buyer(s) ("Buyer"), and ELLIS HARBOUR S SONS INC ("Firm"). The individual agent who signs this Agreement shall, on behalf of the Firm, be primarily responsible for ensuring that the Firm's duties hereunder are fulfilled; however, it is understood and agreed that other agents of the Firm may be assigned to fulfill such duties if deemed appropriate by the Firm. For purposes of this Agreement, the term "Firm," as the context may require, shall be deemed to include the individual agent who signs this Agreement and any other agents of the Firm. 1. PROPERTY. Firm agrees to act as a non-exclusive buyer's agent representing Buyer in the acquisition of real property by [Check all that apply]: Q locating suitable real estate ❑ showing the following specific property E BROAD ST, S ELM AVE,S EIM AVE, DUNK, NC 28334 2. DURATION OF AGENCY. Firm's authority as Buyer's non-exclusive agent shall begin May 6, 2019 and shall expire at midnight, June 30, 2019 3. COMPENSATION OF FIRM. (a) Fee. This agreement does not obligate Buyer to pay a brokerage fee or assure the payment of a brokerage fee to Firm. Buyer acknowledges and understands that Firm expects to receive and will seek a fee for Firm's services under an offer of compensation from a cooperating seller/listing firm in the amount of 5% OF PURCHASE PRICE TO PAID BUY SELLERS ("Fee") (Insert dollar amount, percentage of purchase price, or other method of determining Firm's compensation for each type of property the Buyer may purchase, such as resale, new construction, landllot and/or unrepresented seller. Do not insert N/A ora zero ($0))- (b) Modification of Fee. Provided, however, Firm may inform Buyer that the compensation offered is less than expected and, if Buyer is so informed prior to making an offer to purchase, Firm may seek a reasonable modification of the compensation terms herein and, if unable to reach such a modification, Firm may unilaterally terminate this Agreement. (c) Additional Compensation. If additional compensation, incentive, bonus, rebate and/or other valuable consideration ("Additional Compensation") is offered through the MLS or otherwise, Buyer will permit the Firm to receive it in addition to the Fee. Firm shall timely disclose the promise or expectation of receiving any such Additional Compensation and confirm the disclosure in writing before Buyer makes or accepts an offer to buy. (Note: NCAR Form 9770 may be used to confirm the disclosure of any such Additional Compensation) (d) When Compensation Earned. The compensation shall be deemed earned if, during the term of this Agreement, Buyer, any assignee of Buyer or any person/legal entity acting on behalf of Buyer directly or indirectly enters into an agreement to purchase, option, and/or exchange property introduced to Buyer by Firm. NOTE: Buyer understands and acknowledges that there is the potential for a conflict of interest generated by a percentage of price based fee for representing Buyer. The amount, format or rate of real estate commission is not fixed by Iaw, but is set by each broker individually, and may be negotiable between Buyer and Firm. 4. ACKNOWLEDGMENTS OF RECEIPT. Q Buyer acknowledges receipt of a sample copy of an Offer to Purchase And Contract for review purposes. ❑ Buyer acknowledges receipt of a copy of the brochure Questions and Answers on: Home Inspections. 0 Buyer acknowledges receipt of a sample copy of a Professional Services Disclosure and Election forst (form #760) for review purposes. Page I of 4 North Carolina ociation of REALTORS®, Inc. STANDARD FORM 203 121 Revised 7/2018 REALTORe Buyer initials Individual agent initials o," 0712018 Eros Bssbour& sovs Im Po BOX 8791).�NC28335 Pb.=(910)892-3185 Fs (910)892-3470 CITY OF Dlj N W4ync Bubour FiotlUo YAMzipFourabyapLopx 18070 FMeen Mlle RoaQ Freser, Michipen 48026 x ..xloLoofxwm