HomeMy WebLinkAboutMarch 10, 2025 Work Session MeetingAGENDA
Lillington Board of Commissioners
Work Session Meeting
Lillington Town Hall 102 E. Front Street Lillington, North Carolina 27546
March 10, 2025 8:30am
CALL TO ORDER MAYOR GLENN MCFADDEN
NEW BUSINESS
Item #1 Discussion Regarding Financing for Fire station Joseph Jeffries, Town Manager
Item #2 Discussion regarding a Capital Reimbursement and Allocation Agreement Between
the Town of Lillington and Wade Park Developers, LLC Shane Cummings, Town Engineer
Item #3 Administrative Reports
A.Presentation of the Monthly Financial Report
Lisa Young, Assistant Town Manager
B. Presentation of Town Manager’s Report
Joseph Jeffries, Town Manager
Item #4 Discussion of Regular Meeting Agenda for March 11, 2025
Joseph Jeffries, Town Manager
Item #5 Closed Session to Meet per §143-318.11(a)(5)
Joseph Jeffries, Town Manager
ADJOURNMENT
AGENDA ITEM SUMMARY
Date of Meeting: March 10, 2025
Staff Work By: Joseph Jeffries, Town Manager
AGENDA ITEM
Discussion Regarding Financing for Fire Station
ITEM SUMMARY
Discussion Regarding Financing for Fire Station
RECOMMENDED ACTION
None
AGENDA ITEM #1
AGENDA ITEM SUMMARY
Date of Meeting: March 10, 2025
Staff Work By: Shane Cummings, Town Engineer
AGENDA ITEM
Discussion regarding a Capital Reimbursement and Allocation Agreement Between the Town of
Lillington and Wade Park Developers, LLC
ITEM SUMMARY
Discussion regarding a Capital Reimbursement and Allocation Agreement Between the Town of
Lillington and Wade Park Developers, LLC
RECOMMENDED ACTION
None
AGENDA ITEM #2
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CAPITAL REIMBURSEMENT AND ALLOCATION AGREEMENT
THIS CAPITAL REIMBURSEMENT AND ALLOCATION AGREEMENT
(hereafter "Agreement"), is made and entered into as of the day of ____________, 2025, by and between WADE PARK DEVELOPERS, LLC (hereafter collectively referred to as "Developer") and the TOWN OF LILLINGTON, a North Carolina municipal corporation (hereafter the "Town");
WHEREAS, this Agreement relates to the following properties: A. That property consisting of approximately 164.88 acres located on the eastern side of NC Highway 210 South in Lillington, North Carolina, further described as Harnett County PIN 0548-89-9755.000 (the “Wade Park Property") and
located within the Town’s corporate limits; and B. That property consisting of approximately 125.44 acres located on the western side of NC Highway 210 South in Lillington, North Carolina, further described as Harnett County PIN 0548-68-9957.000 (the “Blake Landing Property") and located within the Town’s corporate limits; the Wade Park Property and the Blake
Landing Property are referred to collectively herein as the “Properties”; and WHEREAS, the Developer requires water and sewer services for the development of the Wade Park Property into a residential development containing approximately 365 single-family homes and approximately 253 townhome units (the “Wade Park Project”), and for the development
of the Blake Landing Property into a residential development containing approximately 197 single-family homes and approximately 166 townhome units (the “Blake Landing Project,” and together with the Wade Park Project the “Projects”), and wishes to construct improvements that will connect to the Town’s water and sewer system in order to enable development of the Projects; and
WHEREAS, the Town operates and manages wastewater collection systems located within its boundaries and has established a Department of Public Works for the purpose of operating and managing the facilities and systems; and WHEREAS, for the purposes of this agreement the term “Capacity” shall mean available
water supply or wastewater treatment capability, as applicable, and transmission capability. Capacity allocation requests shall be evaluated on a first-come, first-serve basis, provided capacity allocations are available; and WHEREAS, the parties recognize that the water and wastewater collection is an important
issue concerning long term environmental soundness; and WHEREAS, in order for the water system of the Town be available to the Projects in the future, Developer has requested that it be permitted to make certain improvements and connections to the water system of the Town for the purpose of installing and extending the water system to
serve the Projects; and
WHEREAS, the parties affirm that it is necessary that permits be obtained in order that the subject construction be completed and Developer will obtain the necessary permits from
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NCDEQ to effectuate said improvements required by Town; and
WHEREAS, the water main specified by Town to Developer for the Town of Lillington
water system (the “210 Water Transmission Main”) may be greater in capacity and materials than would be required to serve the Projects, necessitating greater costs and expense to construct and install than would have been incurred by Developer; and
WHEREAS, Developer is willing to construct the 210 Water Transmission Main, and the
necessary related appurtenances in accordance with all Federal, State and Local rules and regulations and in accordance with Town Requirements (as defined herein); and to comply with all regulations and ordinances adopted or made by Town as to the control, maintenance, and protection of all lines and systems installed pursuant to this Agreement; and
WHEREAS, Developer desires to convey to the Town and Town agrees to reimburse Developer for the increased costs associated with the material size increase of the 210 Water Transmission Main as described herein, if any; and
WHEREAS, the Town desires for Developer to have a licensed utility contractor construct
and install the 210 Water Transmission Main; and WHEREAS, the Town desires to reimburse and pay Developer upon the terms and conditions set forth in this Agreement;
WHEREAS, at its meeting held _______________________________, the Town Council authorized this Agreement in accordance with the terms set forth below;
NOW THEREFORE, in consideration of ten dollars and other valuable consideration, the receipt of which is hereby acknowledged, the Developer and the Town, and their heirs, successors, and assigns agree:
1. Effective Date. The obligations of this Agreement shall become effective upon execution of this Agreement by the parties. 2. Definitions. In this Agreement, the following terms, whether capitalized or not, shall have
the meanings set forth below, unless it is clear in the Agreement that the context requires
otherwise. "Town" means the Town of Lillington. "Town Requirements" mean all ordinances, policies, standards, and specifications
prescribed by the Town applicable to the development activity, work, or construction
undertaken pursuant to this Agreement. Such Town Requirements may include, but are not limited to, the Unified Development Ordinance, the Town Code, and water and sewer system specifications which are contained in the Town's policies and guidelines maintained by the Town’s Department of Public Works, including the Town of Lillington –Standards
and Specifications.
"Developer" owns the Properties and consists of the entity(ies) identified in the
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first paragraph of this Agreement. "Developer" includes successors in interest and assigns.
"Improvements" means all infrastructure required by the Town, including the 210 Water Transmission Main, that allows water and sewer to be delivered to or from the Properties and integrated into the Town's utility system. It includes the lines, mains, outfalls, and water and sewer connections to the street mains including meter box and
meter yoke, and water meters to the extent required under Town Requirements.
"Person" includes natural persons, firms, companies, associations, partnerships, trusts, corporations, governmental agencies and units, and other legal entities.
"Projects" has the meaning set forth above. "Property" has the meaning set forth above.
3. Developer's Obligations; Town’s General Review Obligations. The Developer shall bear the total cost and expense of all the obligations and duties created by this Agreement unless otherwise explicitly stated in this Agreement. The Developer shall design, build, and construct the Projects and Improvements according to the Town Requirements and the plans and utility
construction drawings (as approved by the Town). Where Town review and approval is required,
the Town acknowledges its obligation to review submittals from the Developer in accordance with Town Requirements and policies, and to perform its review in a professional and timely manner. Developer shall pay all fees applicable to the Projects to include but not limited to water and sewer system development fees, stormwater fees, review fees, recreational fees, and as
prescribed by the Town’s Code of Ordinances and Annual Budget at the rate current at the time of
payment, such fees being reviewed and acknowledged by Developer to be reasonable and fair. 4. Sewer Capacity Reservation. The Town shall reserve capacity in the downstream sewer system for the Projects as follows and as capacity is available following plan review and approval
by the Town:
A. Wade Park Project:
i. Following the Town’s approval of the construction drawings in accordance with Town Requirements for Phase 1, Phase 2, and Phase 3 of the Wade Park Project, the Town shall allocate capacity for the number of lots shown on the approved construction drawings for Phase 1 and Phase 2 of the Wade Park Project.
ii. Following the Town’s issuance of the One Hundred Tenth (110th) building permit for the Wade Park Project, installation of the Phase 2 infrastructure, and recordation of the Phase 2 plat, the Town shall allocate capacity for the number of lots shown on the approved construction drawings for Phase 3A of the Wade Park Project, but in no event shall said allocated capacity exceed One Hundred Fifty (150) lots.
iii. Following the Town’s issuance of the One Hundred Fifty-Sixth (156th) building permit for the Wade Park Project, installation of the Phase 3A infrastructure, and
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recordation of the Phase 3A plat, the Town shall allocate capacity for the number of lots shown on the approved construction drawings for Phase 3B of the Wade Park
Project, but in no event shall said allocation capacity exceed One Hundred Fifty
(150) lots.
iv. Following the Town’s issuance of the One Hundred Ninety-Eighth (198th) building
permit for the Wade Park Project, installation of the Phase 3B infrastructure, recordation of the Phase 3B plat, and approval of the construction drawings for Phases 4 and 5, the Town shall allocate capacity for the number of lots shown on the approved construction drawings for Phase 4 of the Wade Park Project, but in no
event shall said allocation capacity exceed One Hundred Fifty (150) lots.
v. Following the Town’s issuance of the Two Hundred Forty-Fifth (245th) building permit for the Wade Park Project, installation of the Phase 4 infrastructure, and recordation of the Phase 4 plat, the Town shall allocate capacity for the number of lots shown on the approved construction drawings for Phase 5 of the Wade Park
Project, but in no event shall said allocation capacity exceed One Hundred Fifty (150) lots. vi. The preliminary versions of the construction drawings referenced in subsections 4.A.i. through 4.A.v. above are attached hereto as Exhibit A, which preliminary
construction drawings will be replaced with the final versions upon the Town’s approval thereof.
vii. In order to receive a capacity allocation as outline in subsections 4.A.i through 4.A.v above, Developer shall make a formal allocation request to the Town as set forth in the Town Requirements. Developer shall complete the site construction and buildout of the phases of the Wade Park Project by the following deadlines:
a. Phase 1 and Phase 2: within two (2) years following the later to occur of (i) the issuance of the Town’s approval of the construction drawings
in accordance with Town Requirements for Phase 1 and Phase 2, or (ii)
the issuance of all state and federal permits required for Phase 1 and Phase 2 of the Wade Park Project. b. Phase 3A: within two (2) years following the Town’s allocation of the sewer capacity for Phase 3A pursuant to subsection 4.A.ii. above.
c. Phase 3B: within two (2) years following the Town’s allocation of the
sewer capacity for Phase 3B pursuant to subsection 4.A.iii. above. d. Phase 4: within two (2) years following the Town’s allocation of sewer capacity for Phase 4 pursuant to subsection 4.A.iv. above. e. Phase 5: within two (2) years following the Town’s allocation of sewer
capacity for Phase 5 pursuant to subsection 4.A.v. above.
If the deadlines above are not met, the Town reserves, and shall have the right to, rescind the unused amount of allocated capacity for future allocated by the Town. If this occurs, Developer shall be required to initiate the review process again to
include updated plans and construction drawings in order to request re-allocation
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of capacity in accordance with Town Requirements. B. Blake Landing Project i. Following the Town’s approval of the construction drawings in accordance with Town Requirements for Phase 1 of the Blake Landing Project, the Town shall allocate
capacity for the number of lots shown on the approved construction drawings for Phase 1 of the Blake Landing Project. ii. Following the Town’s issuance of the Fiftieth (50th) building permit for the Blake Landing Project, installation of the Phase 2A infrastructure, and recordation of the Phase 2A plat, the Town shall allocate capacity for the number of lots shown on the
approved construction drawings for Phase 2A of the Blake Landing Project, but in no event shall said allocated capacity exceed One Hundred Fifty (150) lots. iii. Following the Town’s issuance of the One Hundredth (100th) building permit for the Blake Landing Project, installation of the Phase 2B infrastructure, and recordation of the Phase 2B plat, the Town shall allocate capacity for the number of lots shown on the
approved construction drawings for Phase 2B of the Blake Landing Project, but in no event shall said allocated capacity exceed One Hundred Fifty (150) lots. iv. Following the Town’s issuance of the One Hundred Fiftieth (150th) building permit for the Blake Landing Project, installation of the Phase 3 infrastructure, and recordation of the Phase 3 plat, the Town shall allocate capacity for the number of lots shown on the
approved construction drawings for Phase 3 of the Blake Landing Project, but in no event shall said allocated capacity exceed One Hundred Fifty (150) lots. v. The preliminary versions of the construction drawings referenced in subsections 4.B.i. through 4.B.iv. above are attached hereto as Exhibit B, which preliminary construction drawings will be replaced with the final versions upon the Town’s approval thereof.
vi. In order to receive a capacity allocation as outline in subsections 4.B.i through 4.B.v above, Developer shall make a formal allocation request to the Town as set forth in the Town Requirements. Developer shall complete the site construction and buildout of the phases of the Blake Landing Project by the following deadlines: a. Phase 1: within two (2) years following the later to occur of (i) the issuance of the Town’s approval of the construction drawings in accordance with Town
Requirements for Phase 1, or (ii) the issuance of all state and federal permits
required for Phase 1 of the Blake Landing Project. b. Phase 2A: within two (2) years following the Town’s allocation of the sewer capacity for Phase 2A pursuant to subsection 4.B.ii. above. c. Phase 2B: within two (2) years following the Town’s allocation of the sewer
capacity for Phase 2B pursuant to subsection 4.B.iii. above.
d. Phase 3: within two (2) years following the Town’s allocation of sewer capacity for Phase 3 pursuant to subsection 4.B.iv. above. If the deadlines above are not met, the Town reserves, and shall have the right to,
rescind the unused amount of allocated capacity for future allocated by the Town.
If this occurs, Developer shall be required to initiate the review process again to include updated plans and construction drawings in order to request re-allocation of capacity in accordance with Town Requirements.
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5. 210 Water Transmission Main. Developer intends to design, construct, and install certain Improvements to serve the Projects in accordance with the Plans, including without limitation the 210 Water Transmission Main running from Harnett County parcel number 0559-36-8016.000 to the entrance to the Project in the approximate location shown on Exhibit C attached hereto and
incorporated herein by reference, which Exhibit will be replaced with the final version thereof
when available. It is contemplated that the Town may request that Developer oversize the 210 Water Transmission Main to a diameter in excess of the size required for service to the Projects, in order to serve the public by providing the ability for the public to connect to the 210 Water Transmission Main. For purposes of this Section 5, Developer’s water main design for an
adequately sized water main to serve the Projects, as the same may be modified or amended from
time to time pursuant to change orders, is referred to herein as the “Initial Water Main Plans and Specifications;” The Developer and the Town have agreed the parties shall share in the cost of the design, construction, and installation of the 210 Water Transmission Main pursuant to the following terms and conditions:
A. The provisions of this subsection 5.A. are referred to collectively herein as the “Cost Sharing Provisions.” The Town shall reimburse to the Developer an amount as determined pursuant to this subsection 5.A. to upsize the size of the 210 Water Transmission Main as may be elected by the Town. The actual amount to be reimbursed to Developer, shall be determined as follows: i. All costs and expenses of designing, constructing, and installing the 210 Water Transmission Main shall be advanced by Developer. The Town will reimburse the Developer for the cost of oversizing the 210 Water Transmission Main from
the diameter specified in the Initial Water Main Plans and Specifications (the
“Initial Diameter,” as the same may vary for different portions of the 210 Water Transmission Main) to the diameter specified in the Oversized Water Main Plans and Specifications (as that phrase is defined below) (the “Oversized Diameter,” as the same may vary for different portions of the 210 Water Transmission Main).
ii. Developer’s engineer will prepare an updated version of the Initial Water Line Plans and Specifications with an Oversized Diameter water main while ensuring applicable fire flow requirements and all Town Requirements are met (the final versions of said updated plans and specifications, as the same may be modified
or amended from time to time pursuant to change orders, being the “Oversized
Water Main Plans and Specifications”).
iii. The Town’s share of the cost of the construction and installation of the 210 Water Transmission Main (the “Reimbursable Costs”) shall be calculated as the
difference between the dollar amount of the Construction and Installation Cost (as that phrase is defined herein below) of the 210 Water Transmission Main if constructed pursuant to the Initial Water Line Plans and Specifications and the dollar amount of the Construction and Installation Cost of the 210 Water Transmission Main if constructed pursuant to the Oversized Water Line Plans
and Specifications, determined based on the Developer’s contractor’s final bid pricing, including and together with all change orders, for an Initial Diameter
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water line and the Developer’s contractor’s final bid pricing, including and together with all change orders, for an Oversized Diameter water line, including
without limitation any related valves and valve boxes shown on the Oversized
Water Line Plans and Specifications. Notwithstanding the foregoing, any and all increases to the Construction and Installation Cost of the 210 Water Transmission Main incurred by Developer as a result of upsizing the size of the 210 Water Transmission Main shall be added to and included in the Reimbursable Costs.
The term “Construction and Installation Cost” means all costs and expenses
incurred by Developer with respect to the design, construction, and installation of the 210 Water Transmission Main, including without limitation costs and expenses incurred with respect to engineering, labor, and materials.
iv. Prior to bidding the Projects as required in this Section 5, Developer shall secure
and provide to the Town a third-party Engineer’s estimate of the Reimbursable Costs. v. The Town will reimburse Developer for the Reimbursable Costs, determined as
provided in this Section 5, in accordance with the following procedures:
a. Upon the installation of fifty percent (50%) of the total linear feet of the 210 Water Transmission Main shown on the Oversized Water Main Plans and Specifications and the certification of the same by the
engineer of record for the 210 Water Transmission Main
construction, and not less than thirty (30) days before the date on which Developer desires a reimbursement for fifty percent (50%) of the total estimated Reimbursable Costs for the construction and installation of the 210 Water Transmission Main determined based on
the Developer’s contractor’s final bid pricing for an Initial Diameter
water line and the Developer’s contractor’s final bid pricing for an Oversized Diameter water line, including without limitation any related valves and valve boxes shown on the Oversized Water Main Plans and Specifications, Developer shall submit to the Town a draw
request in a form acceptable to the Town, properly executed
(collectively the “Reimbursement Request Documents”). All Reimbursement Request Documents submitted by the Developer for payment shall be reviewed and approved by the Engineer of Record for the 210 Transmission Main construction.
b. Upon completion of the 210 Water Transmission Main and final acceptance of the 210 Water Transmission Main by the North Carolina Department of Environmental Quality or the Town, and not less than thirty (30) days before the date on which Developer
desires reimbursement for one hundred present (100%) of the
balance of the Reimbursable Costs, Developer shall submit to Town the Reimbursement Request Documents related thereto. c. The Town will promptly review the Reimbursement Request
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Documents; if the Town is unable to complete its review prior to the Developer’s requested reimbursement date, the Town will notify
Developer in writing of the delay and provide a good faith estimate of
the date on which the Town will complete its review. In no event shall reimbursements be made to Developer in less than 30 days from the Town’s receipt of the Reimbursement Request Documents.
d. Reimbursements of Reimbursable Costs shall be made by check made
out to the Developer.
B. The Town agrees to approve or reject all written change orders submitted by the Developer
within fourteen (14) business days after Developer’s submission of each written change order. Total cost of change order(s) shall not exceed five (5) percent of the total reimbursable cost of the 210 Water Transmission Main project. C. Developer shall have a licensed utility contractor construct and install the 210 Water Transmission Main and all related appurtenances in accordance with the Oversized Water Line Plans and Specifications. D. Developer shall cause the 210 Water Transmission Main to be constructed in accordance with the specifications of the Town in effect at the time of construction and installation as provided through the Town and in accordance with all then applicable State and Federal regulations. E. The 210 Water Transmission Main, any other appurtenances necessary in connection therewith, shall be installed in a good and workmanlike manner by a utility contractor hired by Developer, who is licensed by the State of North Carolina to make such installations. All installations shall be made in accordance with the Oversized Water Main Plans and Specifications (or latest revision), filed with and approved by the
County, copies of which have been so endorsed as to such approval for Developers’ use. F. Developer shall solicit bids for the construction of the 210 Water Transmission Main in
accordance with Article 8 of Chapter 142 of the North Carolina General Statutes, including
the solicitation of bids from license utility contractors for the construction of the 210 Water Transmission Main. Award of the construction shall be made to the lowest responsive and responsible bidder, unless otherwise approved by the Town. Developer must follow public bidding laws regardless of whether or not the Town or the Developer is the contracting
entity. Developer shall bid the 210 Water Transmission Main and shall follow all public
bidding laws in developing and administering such bids. Developer shall provide proof of compliance with all applicable provisions of the North Carolina General Statues regulating public contracts. Primarily, this involves complying with N.C.G.S. §143-129 "Formal Bidding Procedure" for 210 Water Transmission Main to be constructed as part of this
Agreement. The bid shall include unit prices. The Developer, or his designee, shall provide
copies of all bid proposals received, a copy of the executed contract between the Developer and the lowest, responsible bidder, and a unit price bid tabulation which is signed and sealed by a professional engineer registered in the State of North Carolina certifying the bids
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received and the award of the contract are in conformance with the aforementioned provisions. Town reserves the right to accept or reject any and all bids procured by
Developer, and Town reserves the right to terminate this Agreement prior to acceptance of
any such bids in Town’s sole and absolute discretion. In the event Town elects to terminate this Agreement, Developer may proceed with its construction and installation of the 210 Water Transmission Main in accordance with the Initial Water Main Plans and Specifications, and the parties shall have no further obligations under this Agreement except
for those obligations under this Agreement that survive termination.
G. Prior to construction of the 210 Water Transmission Main by Developer and as a condition precedent to any reimbursements to Developer by Town, Developer shall procure and deliver to Town, or Developer shall require the contractor for the Projects to procure and
deliver to Town, a performance and payment bond in the sum of one hundred percent of
the construction contract amount, in the form acceptable to the Town, which secures the faithful performance of this Agreement. The bond shall be executed by one or more surety companies legally authorized to do business in the State of North Carolina and shall contain the original notarized signature of an authorized officer of the surety and affixed thereto
shall be a certified and current copy of the power of attorney. The bond shall be
unconditional and remain in force during the entire term of the Agreement. H. The installation and construction of the 210 Water Transmission Main shall be subject to the inspection and supervision of Town during construction, and the
connection thereof to Town system shall not be permanently made or maintained until
the same shall have been tested under the supervision of Town and the written approval and final acceptance of such installation has been given by the Town. After such approval and final acceptance, subject infrastructure shall become the sole and exclusive property of Town, and Town shall thereafter repair and maintain the
same, except for defects in workmanship or resulting from noncompliance with the
plans and specifications. Developer warrants that the 210 Water Transmission Main and appurtenances shall be constructed in accordance with Town Requirements and other applicable professional standards, and fit for the purpose for which it is constructed. Any defects in workmanship or noncompliance with the plans and specifications for the
210 Water Transmission Main shall be the responsibility of and repaired and/or
remediated at the sole expense of Developer. Upon request by the Town, Developer will assign any warranty rights it has under its 210 Water Transmission Main construction contracts to the Town.
I. Developer warrants that upon completion of the construction and installation of the 210
Water Transmission Main the same shall be free and clear of all claims or encumbrances of any person whatsoever and will obtain lien waivers from any contractors or sub-contractors upon completion of the 210 Water Transmission Main. After completion, Developer shall offer to dedicate and convey to the Town ownership and operation of the
210 Water Transmission Main provided however, that prior to the Town’s acceptance of
said dedication and conveyance of the 210 Water Transmission Main, the Town’s Engineering Director shall inspect the 210 Water Transmission Main to ascertain that it is in proper working order, not in need of repair or modification and free from any defects in workmanship (both labor and material). Provided further, any dedication by Developer to
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the Town shall not release Developer from any of Developer’s obligations under this Agreement or its further obligation to repair any latent defects that occur with respect to the
210 Water Transmission Main within one (1) year from the date of acceptance by the Town
(hereinafter the “Warranty Period”) in accordance with Town Requirements. . J. Developer will supply all necessary construction and engineering documents certifying the completion of the 210 Water Transmission Main. Upon completion and final
acceptance thereof by Town of the 210 Water Transmission Main, the pipeline, or any
other appurtenances used in connection therewith shall thereupon and thereafter be the entire and sole property of Town and under the sole and exclusive control of Town.
K. Developer will complete the installation and construction of the 210 Water Transmission Main within two (2) years following the issuance of the Town’s approval of the construction drawings in accordance with Town Requirements for Phase 1 and Phase 2 of the Wade Park Project.
L. Neither Developer, nor any other person, shall be entitled to any service lines installed by Developer, except upon the payment of any water service connection charges and submission of applicable documentation as required by any Town Requirements.
M. Developer shall convey all necessary easements to the Town upon all land where there are water lines and/or appurtenant items constituting a part of the 210 Water Transmission Main. N. The Town agrees to accept the 210 Water Transmission Main and easements described above no later than the completion of the 210 Water Transmission Main in accordance with Town, State, and Federal requirements. O. Easements. It is anticipated that portions of the 210 Water Transmission Main will be
located outside of dedicated public rights-of-way, and that perpetual easements and temporary construction easements will therefore need to be obtained from the owners of certain parcels of real property along State Highway 210 for installation and maintenance of the 210 Water Transmission Main for the public’s benefit. The Developer will
communicate with said property owners regarding the acquisition of said easements by
Developer. If any of said property owners refuse to convey the necessary easements on the terms proposed by the Developer, the Developer may request that the Town exercise its power of eminent domain to acquire said easements and the Town will consider each request on a case-by-case basis. If condemnation proceedings are the only option left to
obtain the necessary easements, a Board of Commissioner Agenda item from the Town
Engineer to the Town Manager must be prepared and presented to the Town Board of Commissioners for consideration. The Board of Commissioners will decide as to whether or not to initiate the condemnation process of the property in question. Condemnation shall be subject to the Board of Commissioners findings of public purpose, public necessity, and
approval of exercise of eminent domain. Upon the Board of Commissioners approval and
prior to the Town starting any condemnation action, the Developer shall deposit with the Town twice the amount of the estimated cost of the easements. The Developer will have the right to have its attorney participate in the process in conjunction with Town attorneys.
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If the Developer elects not to, it shall furnish a waiver to the Town to that effect. Upon obtaining the easements, the Town shall refund to the Developer all funds over and above
those required to obtain the easements, including but not limited to costs and reasonable
attorneys fees. If condemnation is approved by the Town Board of Commissioners, the Developer shall write a letter to the Town stating that it will be fully responsible for any and all costs related to the condemnation. The letter shall also include the estimated value of the easements, per square footage, based on independent appraisals. At the option of the
Town, the Developer may be required to deposit additional funds up to five times the
amount of the estimated easement value. The Town will retain these funds until completion of the condemnation proceedings, at which time any remaining monies will be returned to the Developer. The money on deposit with the Town will bear no interest.
6. Assignment. This Agreement shall inure to the benefit of and be binding upon the parties
hereto and their respective permitted assigns, heirs, executors, administrators, legal representatives, affiliates, and successors. Neither party may assign this Agreement, or any of its rights or obligations hereunder, without the prior written consent of the other party and any such attempted assignment shall be void, except that either party may assign this Agreement and/or any
of its rights and/or obligations hereunder, without the other party’s consent, upon written notice to
the other party, to any party that (i) acquires all, or substantially all, of the assets of the party seeking to make the assignment and (ii) expressly assumes in writing the obligations of the assignor and agree to be bound hereby. The above terms notwithstanding, Developer may assign this Agreement to a parent, subsidiary, or affiliate of Developer without the consent of the Town
provided the assignee shall assume in writing all obligations of Developer and agree to be bound
hereby. In the event of any such assignment, Developer will notify the Town within thirty (30) days of such assignment. None of the foregoing assignments by Developer shall relieve Developer of its obligations hereunder unless the Town shall specifically release Developer upon Developer’s request, which release shall not be unreasonably withheld or delayed.
7. Indemnity and Insurance Requirements. Developer, or Developer’s contractor, shall indemnify and hold harmless Town from any and all loss, cost, damages, expense and liability (including attorney’s fees) caused by accident or other occurrence resulting in bodily injury or property damage to any person or property arising from Developer’s or Developer’s contractor’s
gross negligence or willful misconduct with respect to the installation and construction of the 210
Water Transmission Main by Developer or the contractor of Developer. Developer’s, or Developer’s contractor’s, as applicable, duty to indemnify and hold harmless shall survive the termination or expiration of this Agreement. Developer and each engineer and contractor of Developer shall maintain at their costs the following insurance coverages during the design and
construction of the 210 Water Transmission Main:
A. Worker’s compensation coverage – Limits for Coverage A – Statutory State of NC; Coverage B – Employers Liability limits shall not be less than $1,000,000.00.
B. Commercial General Liability Insurance – Bodily injury and property damage liability that
will protect the engineer or contractor from claims of bodily injury or property damages, which may arise from the operations under this Agreement. The amounts of such insurance shall not be less than $1,000,000.00 bodily injury and property damage – combined single limit per occurrence and $2,000,000.00 aggregate. This insurance shall include coverage
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for products/completed operations, personal injury liability and contractual liability.
C. Automobile Liability Insurance with limits of liability of not less than $1,000,000.00 per
occurrence for bodily injury and $1,000,000.00 per occurrence for property damage. D. Professional Liability (errors and omissions) with minimum limits of $1,000,000.00 per claim
Provided, however, that should an insurance policy with higher limits be required to obtain any necessary encroachments, Developer or their contractor shall maintain insurance sufficient to meet such requirements. Developer shall furnish certificates of such insurance to the Town with the provision that Town will be given thirty day's
written notice of any intent to terminate such insurance by either Developer or the
insuring company. E. Additional Insured. Developer agrees to add Town as an Additional Insured on the Commercial General Liability, Auto Liability and any Umbrella Liability insurance used
to meet the minimum liability limits for General Liability and Auto Liability. The
Additional insured shall read “Town of Lillington is named additional insured as its interest may appear”. The certificate Holder address should read: Town of Lillington
Post Office Box 296
Lillington, NC 27546 Attention: Town Manager F. General. All insurance companies must be admitted to do business in North Carolina and
be acceptable to the Town.
8. Notice. A. Mode and Designated Recipients. All notices and other communications given under this Agreement shall be written, and made by personal delivery, Federal Express or similar overnight service, or United States mail, addressed as follows. The
parties are also requested to send a copy by email.
To the Town:
Town of Lillington Attn: Town Manger and Town Engineer PO Box 296 Lillington, NC 27546
Email: jjeffries@lillingtonnc.org scummings@lillingtonnc.org
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With a copy to: __________________________
To the Developer: Wade Park Developers, LLC
Attn: Andrew Ross, Manager PO Box 5548 Cary, NC 27512 Email: andrew.ross@floyddevelopment.com
With a copy to: Brooke L. Dalrymple, Esq. PO Box 12347 Raleigh, NC 27605
Email: bdalrymple@howardstallings.com B. Change of Address. Notice of a change of address, fax number, or person to receive notice shall be provided to the other party in writing through one of the means described above.
C. Time of Receipt. A notice or other communication is effective upon delivery to the other party if it is personally delivered or sent by fax. Notice sent by mail or Federal Express/similar overnight delivery service is effective upon the second work day after the date it was sent, as evidenced by a postmark or similar indicia, or upon
actual delivery.
9. Governmental Authority Retained. Nothing contained in this Agreement shall be deemed or construed to in any way stop, limit, or impair the Town from exercising or performing any regulatory, policing, legislative, governmental, or other powers or functions, or shall limit the
Town's discretion in the exercise of such powers and functions.
10. Relationships of the Parties. Developer and Town are independent of each other. This Agreement does not and is not intended to create in any way or manner or for any purpose
whatsoever an employee-employer relationship, principal-agent relationship, joint venture, or
partnership. Neither party is authorized to enter into agreements for or on behalf of the other; to create any obligation or responsibility, express or implied, for or on behalf of the other; to accept payment of any obligations due or owed the other; or to accept service of process for the other.
11. Town Contact. The Town will designate a contact person available to answer questions related to the matters set forth in this Agreement on behalf of the Town. The Town’s primary contact person for this Agreement is Shane Cummings; the Towns secondary contact person for this Agreement is Joseph Jefferies.
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12. Termination. This Agreement may be terminated (a) upon mutual agreement of the parties; (b) by the Town pursuant to Section 5.F of this Agreement or (c) by the non-defaulting
party upon the defaulting party failing to cure a material default hereunder within forty-five (45)
days following the non-defaulting party providing notice of such material default to the defaulting party (the “Cure Period”). Notwithstanding the foregoing, said Cure Period shall be extended for up to an additional forty-five (45) days if (i) the defaulting party is making reasonable efforts to cure the default as promptly as practicable, (ii) a cure cannot practicably be achieved within the
initial Cure Period, and (iii) prior to the end of the initial Cure Period, the defaulting party gives
the non-defaulting party notice of the need for an extension, which notice will describe the actions being taken by the defaulting party to cure the material default. 13. Remedies; Breach. The parties shall have all remedies allowed by law to enforce this
Agreement.
14. Severability. If any provision herein is deemed void or unenforceable by a court of competent jurisdiction, except as provided below, such provision shall be severed from this Agreement and the remaining provisions shall be valid, enforceable, and binding between the
parties hereto. Any judicial invalidation of any of the agreed upon cost-sharing provisions of this
agreement shall invalidate the entire agreement. 15. Modifications. No modification of this Agreement shall be valid or binding unless such modification is in writing, duly dated, and signed by all parties hereto.
16. Entire Agreement. This Agreement contains the entire agreement between the parties
pertaining to the subject matter of this Agreement. With respect to that subject matter, there are no
promises, agreements, conditions, inducements, warranties, or understandings, written or oral, expressed or implied, between the parties, other than as set forth or referenced in this Agreement. 17. Rules of Interpretation. Herein, the singular includes the plural, and the plural the
singular, and the word "shall" is mandatory.
18. Adequate Consideration. Both parties hereby agree and stipulate that this contract is
supported by fair and adequate consideration.
19. Worker’s Compensation Insurance. If required under State or Federal law, Developer
shall provide and maintain worker’s compensation insurance covering the work outlined herein
and provide satisfactory proof of same to Town prior to commencement of any work.
20. Drafting of Document and Reliance by Parties. In negotiation, discussion and drafting
of this contract, the parties have been advised to seek legal counsel for representation to the extent they desire and have been given the opportunity to do so. The parties warrant, represent and agree that they are not relying on the advice of any other party to this contract as to the legal or other consequences arising out of the negotiation and execution of this contract other than legal counsel to the extent they have chosen to consult legal counsel. The parties warrant and agree that this
contract was not induced by fraud, coercion, compulsion or mistake. This contract shall be deemed to have been drafted by both parties and for purposes of interpretation no presumptions shall be made to the contrary.
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21. Reading and Signing. The parties hereby further warrant that they have completely read all the terms hereof; that they are competent to sign this contract; that they fully understand the terms of this contract; and that they voluntarily accept the terms of this contract. 22. Governing Law and Consent to Jurisdiction and Venue. The parties warrant and agree that this Agreement has been executed in the State of North Carolina and shall be subject to, and construed in accordance with, the laws of the State of North Carolina. Any and all actions relating in any way to this Agreement shall be brought in the General Courts of Justice in the County of
Harnett, State of North Carolina in the Superior Court Division.
23. Savings Clause. To the extent any provision herein shall be deemed unenforceable, either
as a matter of law or any other reason, such provision shall be modified to reflect the intent of the
parties. If such a provision cannot be modified to reflect the intent of the parties, the remainder of the agreement shall remain in full force and effect as long as the purpose and intent of the agreement can still be carried out by the remaining enforceable terms. In the event that there are unenforceable provisions which prevent the effect, intent and purpose of the agreement from being
carried out, which cannot be modified to keep such purpose and intent, then the parties hereby
agree that they shall take whatever action necessary to effectuate the purpose of this Agreement. In the event the parties cannot come to an agreement as to the alternative methods for effecting the purpose and intent of this agreement, the parties hereby expressly consent to binding arbitration by a single arbitrator to be selected by the Harnett County Resident Superior Court Judge. Said
arbitrator shall, following an opportunity to be heard by each party, provide for an enforceable plan to affect the purposes and intents of this agreement, including directing the parties to draft documents, file actions or take any actions necessary to affect his directive. The Arbitrator’s directive shall be enforceable by Order of the court and to the extent the parties do not follow such
directive, said parties shall be subject to the power of contempt by the court for not abiding by the
terms of this agreement. Fees for the services of the Arbitrator, if such becomes necessary, shall be borne by equally between the parties. Despite this paragraph, if a party hereto believes it has the right to bring a court proceeding or file an action with the court that relates in any way to the matters in controversy addressed by this Agreement, said proceeding shall be filed in Harnett
County Superior Court and all parties hereby consent and agree to said jurisdiction and venue.
24. Dispute Resolution. Without waiving the foregoing resolution process discussed in the Savings clause paragraph above, if a party hereto believes it has the right to bring a court proceeding or file an action with the court that relates in any way to the matters in controversy
addressed by this contract, said proceeding shall be filed and heard in Harnett County and all
parties hereby consent and agree to said exclusive jurisdiction and venue.
25. Awareness of Hazards. Developer represents that it understands the currently known
hazards to persons, property and the environment resulting from the services called for in this contract. Developer further represents that it will perform all services under this Agreement in a safe, efficient and lawful manner, using industry-accepted practices and methods. 26. Waiver Only for Specific Occurrence. Any waiver by either party of any provision or condition of this Agreement shall not be construed or deemed to be a waiver of any other provision or condition of this Agreement, nor a waiver of a subsequent breach of the same provision or
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condition. 27. Waiver of Less Than Strict Performance. Failure to require strict performance of any of the provisions hereof shall not be considered a waiver of future right to demand strict performance with the provisions of this Agreement. 28. No Third-Party Beneficiaries. Nothing contained in this Agreement shall create a contractual relationship with or cause of action in favor of a third party against either party. 29. Collection Costs and Reasonable Attorney Fees. In the event either party is caused to engage the services of an attorney to enforce the terms of this Agreement, the prevailing party shall be entitled to recover the costs of such enforcement including, but not limited to, reasonable
attorney’s fees, court costs and other fees and costs reasonably incurred.
30. Headings. The subject headings of the paragraphs are included for purposes of
convenience only and shall not affect the construction or interpretation of any of its provisions.
31. Authority. The undersigned persons hereby verify that they have the actual and apparent
authority to enter this contract and that any and all action necessary to approve this contract has been undertaken and approved by said entities.
IN WITNESS WHEREOF, being duly authorized, the parties hereto set their hands and execute this Agreement the parties hereto have executed this Agreement effective as of the date first written above.
[Signature pages follow]
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ATTEST: TOWN OF LILLINGTON
_____________________________ By: ______________________
Name: _____________________ Name: _________________________
Title: ______________________ Title :__________________________
ACKNOWLEDGMENT BY TOWN OF LILLINGTON
State of North Carolina County of ______________________
I, the undersigned, a Notary Public of the County and state aforesaid, do hereby certify that ______________________________ personally came before me this day and acknowledged that (s)he is the _________________ Town Clerk of the Town of Lillington, NC, and acknowledged, on behalf of the Town, the due execution of the foregoing instrument.
Witness my hand and official stamp or seal, this the ___day of ______ 2024. ________________________ Notary Public My Commission expires:____________
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WADE PARK DEVELOPERS, LLC
By: _______________________________ Name: _____________________________ Title: ______________________________
ACKNOWLEDGMENT BY WADE PARK DEVELOPERS, LLC
State of North Carolina
County of ______________________
I, the undersigned, a Notary Public of the County and state aforesaid, do hereby certify that ______________________________ personally came before me this day and acknowledged that (s)he is the _________________ of the ______________________ and acknowledged, on behalf of
said ________________, the due execution of the foregoing instrument.
Witness my hand and official stamp or seal, this the ___day of ______ 2024. ________________________
Notary Public
My Commission expires:____________
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EXHIBIT A [Preliminary Construction Drawings for Wade Park Project]
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EXHIBIT B [Preliminary Construction Drawings for Blake Landing Project]
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EXHIBIT C [210 Water Transmission Main Diagram]
AGENDA ITEM SUMMARY
Date of Meeting: March 10, 2025
Staff Work By: Joseph Jeffries, Town Manager
Lisa Young, Assistant Town Manager
Alicia L. Adams, Administrative Services Director
Ashley Wimberly, Public Works Director
Frank Powers, Police Chief
John Bethune, Fire Chief
William Baker, Parks & Recreation Director
Brandon Harris, Assistant Parks & Recreation Director
Josh Perry, Planning & Inspections
Christy Norris, Youth Programs
AGENDA ITEM
Administrative Reports.
ITEM SUMMARY
Monthly reports covering administrative and department activities, financial summaries and
public utility usage information
RECOMMENDED ACTION
Receive information and direct staff, if applicable.
AGENDA ITEM #3
AGENDA ITEM SUMMARY
Date of Meeting: March 10, 2025
Staff Work By: Joseph Jeffries, Town Manager
Lisa Young, Assistant Town Manager
Lindsey B. Lucas, Town Clerk
AGENDA ITEM
Discussion of Regular Meeting Agenda
ITEM SUMMARY
The purpose of this agenda item is to allow the Town Board an opportunity to ask questions
regarding the Regular Meeting agenda for March 11, 2025.
RECOMMENDED ACTION
No Action Required.
AGENDA ITEM #4
AGENDA ITEM SUMMARY
Date of Meeting: March 10, 2025
Staff Work By: Joseph Jeffries, Town Manager
AGENDA ITEM
CLOSED SESSION
ITEM SUMMARY
The purpose of the closed session per NCGS §143-318.11(a)(5)
§ 143-318.11. Closed sessions.
(a)Permitted Purposes. - It is the policy of this State that closed sessions shall be held onlywhen required to permit a public body to act in the public interest as permitted in this
section. A public body may hold a closed session and exclude the public only when aclosed session is required:
(5)To establish, or to instruct the public body's staff or negotiating agents
concerning the position to be taken by or on behalf of the public body in
negotiating (i) the price and other material terms of a contract or proposed
contract for the acquisition of real property by purchase, option, exchange, or
lease; or (ii) the amount of compensation and other material terms of an
employment contract or proposed employment contract.
RECOMMENDED ACTION
Approve motion to move into closed session discussion.
AGENDA ITEM #5