NC - Goldsboro: CITY COUNCIL MEETING

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CITY COUNCIL MEETING

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GOLDSBORO CITY COUNCIL REGULAR MEETING AGENDA MONDAY, JUNE 15, 2020

Tagged Interests: council

(Please turn off, or silence, all cellphones upon entering the Large Conference Room)

NC Gov. Cooper s Executive Order 141 restricts mass gatherings due to COVID 19; therefore, public attendance of the Work Session and Council Meeting is restricted to those who are on the agenda or who would like to speak during the Public Hearing. If you are speaking at the Public Hearing, please enter the City Hall Annex front entrance and maintain social distance while waiting to enter the Large Conference Room one at a time. The meeting will be streamed live on the City's Facebook and YouTube pages at https://www.goldsboronc.gov/mayor of goldsboro/city council minutes/, and broadcast on the Downtown Center Street speakers.

Tagged Interests: streets, downtown, hearing, annexation, and social media law

I.
WORK SESSION 5:00 P.M. CITY HALL ANNEX, 200 N. CENTER ST., ROOM 206

No additional detail provided

Tagged Interests: annexation

ADOPTION OF THE AGENDA

OLD BUSINESS a. FY20 21 Budget Discussion (Finance) b. Connectivity Committee/Board Discussion (Councilmember Matthews) NEW BUSINESS
Tagged Interests: business, finance, economic development, boards and commissions, and budget

II.
CALL TO ORDER 7:00 P.M. CITY HALL ANNEX, 200 N. CENTER ST., ROOM 206

Invocation Pledge of Allegiance

Tagged Interests: annexation

III.
ROLL CALL

No additional detail provided

IV.
APPROVAL OF MINUTES (*Motion/Second)

A. Minutes of the Work Session and Regular Meeting of May 18, 2020

V.
PRESENTATIONS

No additional detail provided

VI.
PUBLIC HEARINGS (*Motion/Second)

**When a public body conducts a public hearing at a remote meeting that falls under G.S. 166A 19.24, it is required that they allow for written comments on the subject of the public hearing to be submitted up to 24 hours after the public hearing before taking action thereon . B. CU 04 20 Ace Hardware and Flex Space East side of Mollie Drive between Miles Lane and Southeast

Tagged Interests: hearing

Drive (Planning) C. Z 3 20 Adamsville Gateway Center, LLC. East side of S. Berkeley Boulevard between E. Elm Street and

East Street (Planning) PLANNING COMMISSION EXCUSED D. Public Hearing DRAFT FY20 24 Consolidated Plan (ConPlan) and FY20 21 Annual Action Plan (AAP) (Community Relations) E. Public Hearing on FY2020 2021 Annual Operating Budget (Finance) (Ordinance to be available at a later date.)
Tagged Interests: planning, ordinance, finance, boards and commissions, streets, budget, hearing, and gateway

VII.
CONSENT AGENDA ITEMS (*Motion/Second Roll Call)

F. Amendment to the WNB Landlord, LLC Redevelopment Agreements (Assistant City Manager) G. Accept or Reject Initial Bid and Authorize Finance to Advertise for Upset Bids for 119 N. James Street
Tagged Interests: rfp, RFP, finance, streets, advertising, rental, administrator, and manager

from John Patrick Reilly (Finance) H. Operating Amendment FY19 20 Budget (Finance) I. Establishing a Community Relations Special Revenue Fund Ordinance (G1108) (Finance)

No additional detail provided

Tagged Interests: ordinance, finance, and budget

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J. Establishing a Parks Recreation Special Revenue Fund Ordinance (G1107) (Finance) K. Amend Contract for Audit Services for Fiscal Year Ending June 30, 2019 (Finance) L. Amending Capital Project Fund Ordinance Police Evidence Room and Fire Department Renovation

Tagged Interests: ordinance, finance, capital spending, contract, public safety, fire departments and districts, Capital Spending, services, parks, audit, and recreation

(G1106) (Finance) M. Amending a Special Revenue Fund Ordinance Police Other Restricted Revenue Funds (P3104)

(Finance) N. Departmental Monthly Reports

Tagged Interests: funding, ordinance, finance, and public safety

VIII.
ITEMS REQUIRING INDIVIDUAL ACTION (*Motion/Second) O. CU 3 20 Jerry Futrell East side of US 117 South between Arrington Bridge Road and South George Street

(Increase in electronic gaming machines from 50 to 100 for existing Internet Caf ) (Planning)

Tagged Interests: planning and streets

IX.
CITY MANAGER S REPORT

No additional detail provided

Tagged Interests: administrator and manager

X.
MAYOR AND COUNCILMEMBERS REPORTS AND RECOMMENDATIONS P. Phillip And Sherrie Stokes Day Proclamation

No additional detail provided

Tagged Interests: recognition

XI.
CLOSED SESSION

No additional detail provided

XII.
RECESS WEDNESDAY, JUNE 17, 2020 10:00 A.M. CITY HALL ANNEX, 200 N. CENTER ST., ROOM 206

Tagged Interests: annexation

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MINUTES OF THE MEETING OF THE CITY COUNCIL HELD MAY 18, 2020

Tagged Interests: council

WORK SESSION

The City Council of the City of Goldsboro, North Carolina, met in a Work Session in the Large Conference Room, City Hall Addition, 200 North Center Street, at 5:00 p.m. on May 18, 2020 with attendance as follows:
Tagged Interests: council and streets

Present: Mayor Chuck Allen, Presiding Mayor Pro Tem Bill Broadaway Councilmember Antonio Williams Councilmember Taj Polack Councilmember Brandi Matthews Councilmember David Ham Councilmember Gene Aycock Ron Lawrence, Attorney Tim Salmon, City Manager Melissa Capps, City Clerk

Tagged Interests: legal, administrator, and manager

Call to Order. The meeting was called to order by Mayor Allen at 5:00 p.m.

Adoption of the Agenda. Upon motion of Mayor Pro Tem Broadaway, seconded by Councilmember Aycock and unanimously carried, Council adopted the agenda.

FY20-21 Budget Discussion. Ms. Catherine Gwynn, Finance Director stated we have been working very hard to try to get the FY 21 budget balanced. FY 20 was a 63.2 million budget, right now we are trying to balance the general fund, we have all the other funds balanced except for it. Some key items about the revenues, you know the general fund is about a 42 million budget, the biggest thing we are dealing with right now is the uncertainty with the state shared revenues. The largest being sales tax which is about 9 million and the utility franchise tax which is about 3 million. This accounts for about 37 of the general fund revenues. On a positive note, on the sales tax for March which we received just a few days ago it was in the same range as last year, as you know COVID-19 started around the middle of March. We are trying to budget very conservatively. With the property tax it is consistent in my findings as I am trying to estimate FY 20 and FY 21. It s about 16.9 million about 39 of the general fund. We are trying to hold the line on expenditures. We will be making cuts on travel, training, etc. especially with COVID-19 and people not being able to travel due to the spread. Our goal is to finish balancing the budget by the end of the week so we can hopefully get you a budget book by the end of next week. We re going to be cautious on spending for FY 20 and we have been cautioning departments for months now about spending frugally. When we have our staff meeting tomorrow, basically a cut off of purchasing by the end of the week but if it is items for life safety of course they can get those. We are holding on hiring of positions, and if the position becomes vacant we may freeze hiring. We are going to limit PO rollovers to preserve fund balance. We have talked about holding all capital purchases if we have any that the board allows until after the first of the year, so we can get two quarters in to see what our revenues are going to produce. What we wanted to talk to you about tonight, is some dates, we would like to publish the notice of the public hearing on May 29. I would like a day and time for budget presentation to the board and any other dates for budget work sessions. We would like to hold the public hearing on Monday, July 15 if that s okay with the board. Council discussed and agreed to meet at 3:00 p.m. on June 1st for budget presentation and hold the public hearing on June 15th at 7:00 p.m.
Tagged Interests: coronavirus, funding, finance, council, boards and commissions, budget, sale, travel, taxes, Taxes, utility, Utility, purchasing, training, property, hearing, and property tax

Councilmember Williams asked what the balance of the general fund is. Ms. Gwynn stated the FY19 general fund balance is about 5.2 million as of June 30, 2019. We have preliminary numbers and they will be included in your budget book.

Councilmember Polack asked if this would impede promotional processes. Mr. Salmon stated I do not expect so sir.

Tagged Interests: budget

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Pay Study Presentation. Ms. Bernadette Dove, HR Director introduced Nancy and Angele with Evergreen Solutions. Evergreen Solutions presented the following information:

Study Process Completed Tasks: Conducted employee outreach. Assessed conditions of the current pay system. Reviewed the City s compensation philosophy. Conducted an internal equity analysis by reviewing Job Assessment Tool (JAT) input. Conducted external equity analysis by surveying the market to determine competitiveness of current pay plan. Developed new competitive pay plan. Individually assigned classifications to a pay grade/range. Developed the most appropriate methods for implementing the revised plan/pay ranges. Estimated annualized salary costs for implementing the proposed plan. Remaining Tasks: Prepare/provide draft report. Prepare/provide final report. Provide HR Training. Revise job descriptions. Employee Outreach Received the following feedback from employees: Their respective jobs are rewarding. Individual salaries and pay ranges should be competitive with peer organizations. Compression of salaries has occurred over time - between tenured employees and new hires.
Tagged Interests: compensation, market, training, competitiveness, and jobs

Current Conditions Reviewed type of pay plan administered:

Open-range pay structure for all employees 28 pay ranges, with a constant range spread of 58.0 percent Reviewed employees salaries within pay ranges: 92 of employees salaries were below the midpoint

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Councilmember Polack stated when I started with the city I know for the first six months employees were on a probationary level where they did not get retirement. You have guys coming in now, they are paying retirement as soon as employed. So if I were still with the city I

Tagged Interests: retirement and seniors

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would have to work an additional six months or buy retirement back. So is there a model that say under five years to retirement where you include a pay of what it would have been at that rate at the time they were hired that would kind of offset compression and give those guys six months back.

Tagged Interests: retirement and seniors

Ms. Dove stated years ago when you started as a new employee you had to be on staff for six months before you paid into the retirement and the city didn t pay for six months too. The problem with that the city would also have to go back and pay their portion that would be an additional cost not only for the employee but also for the city.

No additional detail provided

Tagged Interests: retirement and seniors

Councilmember Aycock stated from the study it appears lower paid employees would benefit better by doing some of these options talked about.

No additional detail provided

Ms. Nancy stated lower paid within their range, generally speaking most employees would expect to reach the midpoint of the range within a reasonable time if performing satisfactorily.

No additional detail provided

Mr. Salmon stated he would like this to be a part of the budget process. Council agreed.

No additional detail provided

Tagged Interests: council and budget

Connectivity Committee/Board Discussion. Councilmember Matthews stated recently I was introduced to this and I just want to share it with Council. It could be the fact I am a millennial and I support progressive technology. I began researching connectivity and broadband deployment. I want Council to consider for a second how we could benefit to boosting employment locally, promoting digital and social inclusion for all of our residents and how we can also help with our utilities, schools, libraries and our hospital just by simply producing our own connectivity. We revitalize downtown and I feel that if we had better connectivity it could increase entrepreneurship and even build a healthier business climate with our downtown community and of course by creating our own networks that would bring funding back into the city which benefits us economically and also gives us an opportunity to offer services that our residents use anyway at a lower cost. Our neighboring city Wilson North Carolina has been doing this and they have recorded record revenue increases. They have attracted a lot of businesses the past few years and residency influx has skyrocketed simply because of them creating this technology. Especially with the pandemic we want to be sure that those needing that connectivity, that we can get it in the hands of those needing it. This is not something you talk about on Monday and have on Tuesday that is why wanted to talk about a committee or board formed with local residents, councilmembers, other local officials that would specifically focus on research of how to make this happen. I think it s an opportunity to look at other cities and see what they re doing to see if we can duplicate or create. Because there are not a lot of cities doing this I think I counted three, I would love to see Goldsboro as one of the forerunners using this technology.

Councilmember Aycock stated I think this is a great idea but I think the reason there s only three, the state last year in the long session put in a law that other cities cannot do it. Cable TV and Internet providers had them pass a law.

Councilmember Matthews stated Spectrum actually lowered their rates in Wilson and increased rates outside of Wilson. I did see that when researching.
Tagged Interests: Telecommunications, telecommunications, and rates

Mayor Allen stated you are right we cannot own our own Wi-Fi as a public entity. Wilson got it before that. We do need better communications. Maybe you, Scott Williams on the IT side and maybe LaToya with a couple of others why don t we do a committee if you need legal questions answered Ron can do that. If you re willing to do the research.

Tagged Interests: legal, communications, and Communications

Councilmember Williams stated I think it is a great idea. Even if there is a law, maybe we can work something out with Spectrum and other committees.

Upon motion of Councilmember Williams seconded by Councilmember Polack and unanimously carried Council approved a Connectivity Committee. Consent Agenda Review. Each item on the Consent Agenda was reviewed. Additional discussion included:
Tagged Interests: council, Telecommunications, and telecommunications

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Item C. Change Order No. 18 Revised for Phase IV Sewer Collection Rehabilitation Formal Bid No. 2018-004. Councilmember Williams expressed concerns regarding the depth of the ditch, kids getting hurt and asked staff to look at installing a fence.

No additional detail provided

Tagged Interests: rfp, RFP, sewer, utility, and Utility

Mr. Anderson stated that is not a part of our project, they will stabilize the banks.

Councilmember Williams asked if we could at least get an estimate. There being no further business, the meeting recessed until the 7:00 p.m. meeting. CITY COUNCIL MEETING The City Council of the City of Goldsboro, North Carolina, met in regular session in Large Conference Room, City Hall Annex, 200 North Center Street, at 7:00 p.m. on May 18, 2020 with attendance as follows:

Tagged Interests: business, streets, and annexation

Present: Mayor Chuck Allen, Presiding

Mayor Pro Tem Bill Broadaway Councilmember Antonio Williams Councilmember Taj Polack Councilmember Brandi Matthews Councilmember David Ham Councilmember Gene Aycock The meeting was called to order by Mayor Allen at 7:00 p.m.

Councilmember Antonio Williams provided the invocation. The Pledge of Allegiance

followed.

Approval of Minutes. Upon motion of Councilmember Williams, seconded by

Councilmember Polack and unanimously carried, Council approved the Minutes of the Work Session and Regular Meeting of April 20, 2020 as submitted.

CU-3-20 Jerry Futrell East side of US 117 South between Arrington Bridge Road and South George Street (Increase in electronic gaming machines from 50 to 100 for existing Internet Caf ). Public Hearing Held. An internet caf was previously approved for 20 gaming machines at this location on September 3, 2013. On June 2, 2014, City Council denied a request to increase the number of gaming machines from 20 to 35 based on requiring 2 parking spaces per machine. On August 4, 2014, the Council approved a parking ordinance amendment to the City s UDO requiring 1.5 parking spaces per machine. In addition, they approved the previous owner s request to allow an increase in the number of gaming machines from 20 to 35. The previous owner closed the business in March of 2016 upon order from the District Attorney s office. Once software upgrades were installed and in compliance with State law, he reapplied for a Conditional Use Permit to operate an internet caf in accordance with the City s Unified Development Ordinance. City Council approved site, landscape and floor plans for the previously approved 35 gaming machines on January 3, 2017. On May 8, 2017, City Council amended the City s Electronic Gaming Ordinance. The following requirements were approved as they pertain to new gaming establishments proposed for operation in the City of Goldsboro s planning jurisdiction: (1) Electronic gaming operations are permitted only in the General Business (GB) zoning district after the obtainment of a Conditional Use Permit approved by City Council. (2) No establishment shall be located within five hundred (500) feet of any residentially zoned or developed property, church, school, day care, playground or public park. Where the proposed establishment is separated from residentially zoned or

Tagged Interests: planning, ordinance, business, council, legal, development, zoning, church, Development, property, buildings and grounds, hearing, compliance, education, Child Care, information technology, UDO, parking, and Information Technology

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developed property by a four-lane highway, the five hundred (500) foot separation shall only apply to the properties along the sides and rear of the establishment.

(3) No such establishment shall be located within one mile (5,280 ft.) of another such establishment.
Tagged Interests: property

(4) The hours of operation for such operations shall be limited to 7:00 a. m. to 2:00 a.m.

On February 3, 2020, City Council approved a request by the applicant to amend a Conditional Use Permit for the operation of an internet caf to increase the number of gaming machines from 35 games to a maximum of 50 gaming machines. 52 existing paved parking spaces were available to serve the site.
Tagged Interests: council and parking

The applicant contended that the City s commercial parking ordinance requiring 1.5 parking spaces per gaming machine was excessive based on the fact that only one customer could operate one gaming machine at any one time.

Now, the applicant is requesting to amend an existing Conditional Use Permit for the operation of an internet caf to increase the number of gaming machines from 50 to 100. Frontage: 454.3 ft. (US 117) Area: 97,220 sq. ft., or 2.23 acres Zoning: General Business Hours of Operation: 10:00 a.m. to 2 a.m. (7 days) No. of Employees: 2 (17 employees; maximum 2 per shift)

Tagged Interests: ordinance, business, zoning, commercial, and parking

Site and landscape plans for this operation were previously approved with Conditional Use Permit CU-16-16. The following modifications were also approved:

Tagged Interests: buildings and grounds

a.
Rear yard landscape buffer due to grade separation at railroad tracks. b. Vehicular surface buffer at front due to existing paving and public right-of-way; c. Street tree requirement; and d. Distance from residentially zoned property from 200 ft. to 125 ft.

As previously stated, parking is required at 1.5 space per gaming machine. Currently, there are 52 paved parking spaces to serve the site. 150 parking spaces are required. The applicant is proposing to pave an additional 50 parking spaces for a total of 102 parking spaces. Previous parking modifications have been granted by City Council for electronic gaming operations at one (1) space per gaming machine. A modification from 150 to 102 parking spaces will be necessary. Mayor Allen opened the public hearing. The following person spoke after being properly sworn in: Mr. Jerry Futrell stated we were here towards the first of the year and y all gave us more machines, I appreciate it. What you did was extended our numbers to fulfill one computer per parking spot. What I am here for tonight is more parking. Like I said last time, I don t object to putting in more parking but before I spend the money 40,000 to 65,000 it takes to put in the parking, I would like to know if the city council would allow, in other words, I can t afford to spend the money on parking if you don t allow us to bring our numbers up. If y all are willing to let us bring our numbers up, it is something I will move forward. I have spent money to have all this drawn up. I have already contacted Frankie s Asphalt Services. That is why we are submitting this plan to y all tonight to see if the city Council is willing to let us take this step forward I appreciate your time and I wanted to be here tonight in case you have any questions. Mayor Allen stated it will go to the Planning Commission and then come to us. Thank you for coming. No action is necessary. The Planning Commission will have a recommendation at the June 1, 2020 Council Meeting. Consent Agenda - Approved as Recommended. City Manager, Timothy Salmon, presented the Consent Agenda. All items were considered to be routine and could be enacted

Tagged Interests: planning, grant, boards and commissions, streets, zoning, services, property, buildings and grounds, hearing, administrator, manager, and parking

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simultaneously with one motion and a roll call vote. If a Councilmember so requested, any item(s) could be removed from the Consent Agenda and discussed and considered separately. In that event, the remaining item(s) on the Consent Agenda would be acted on with one motion and roll call vote. Councilmember Aycock moved the items on the Consent Agenda, Items C, D, E, F and G be approved as recommended by the City Manager and staff. The motion was seconded by Mayor Pro Tem Broadaway and a roll call vote resulted in all members voting in favor of the motion. The items on the Consent Agenda were as follows:

Change Order No. 18 Revised for Phase IV Sewer Collection Rehabilitation Formal Bid No. 2018-004. Resolution Adopted. Construction change orders in excess of 10,000 require approval by the City Council prior to City Manager approval. T.A. Loving Company submitted a total cost of 140,330 for Change Order No. 18 Revised to perform ditch bank stabilization improvements to the Big Ditch near Beech/Kornegay Street Apartments.
Tagged Interests: rfp, RFP, construction, council, sewer, streets, voting, utility, Utility, events, administrator, and manager

Proposed Change Order No. 18 previously totaled 125,000 and was submitted in October 2019 for approval by Division of Water Infrastructure (DWI). The city recently received approval from DWI to perform the ditch bank improvements. The difference in costs pertaining to additional costs charged by the subcontractor to perform this work.

Tagged Interests: contractor, construction, utility, Utility, and water

This change order increases contract time by 15 days. The additional contract time was included in the previous Change Order No. 22. The amended contract completion date for the remaining rehabilitation work is September 9, 2020.

Staff recommends issuing the change order to the current contract with T.A. Loving for the Phase IV Sewer Collection Rehabilitation project. We have reviewed this change order with the Finance Director and determined that funds are available from the Clean Water Revolving Fund Loan. It is recommended the City Council adopt the following entitled Resolution authorizing the City Manager to execute Change Order No. 18-Revised for 140,330 with T.A. Loving Company. Consent Agenda Approval. Aycock/Broadaway (7 Ayes)
Tagged Interests: funding, finance, council, sewer, utility, Utility, contract, water, administrator, and manager

RESOLUTION 2020-35 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 18-REVISED WITH T. A. LOVING COMPANY FOR PHASE IV SEWER COLLECTION REHABILITATION PROJECT FORMAL BID 2018- 004

42nd Annual Greater Goldsboro Road Run Temporary Street Closing. Approved. An application was received from Scott Edwards, requesting permission for the Sunrise Kiwanis Club to hold their 42nd Annual Greater Goldsboro Road Run on April 18, 2020. Council approved the application on January 21, 2020. Due to COVID-19, this event has been postponed to July 11, 2020. The street closing request is from 6:00 a.m. to 10:30 a.m. with the event times from 8:00 a.m. to 10:00 a.m. The race is scheduled to begin at the HUB (formerly known as Cornerstone Commons), on Center Street and runs through the downtown area of Walnut, Pine, Jefferson, Ash, Chestnut and Mulberry Streets. Police, Fire, Public Works and Downtown Goldsboro offices have been notified of this request. Staff recommends approval of this request subject to the following conditions:

Tagged Interests: rfp, coronavirus, RFP, council, sewer, streets, utility, Utility, public safety, downtown, events, Public Works, public works, administrator, and manager

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NC Governor Executive Order allows the event as determined by the City Manager. 2. All intersections remain open for Police Department traffic control. 3. A 14-foot fire lane is maintained in the center of the street to provide access for fire

and emergency vehicles. 4. All activities, changes in plans, etc. will be coordinated with the Police Department. 5. The Police, Fire, Public Works and Downtown Goldsboro offices are to be involved

Tagged Interests: streets, public safety, downtown, events, emergency, Public Works, public works, administrator, manager, and traffic

in the logistical aspects of this event.

Tagged Interests: events

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It is recommended the City Council by motion, grant street closings on Center, Walnut, Ash, Jefferson, Chestnut and Mulberry Streets on July 11, 2020 from 6:00 a.m. to 10:30 a.m. in order that the 42nd Annual Greater Goldsboro Road Run event may take place, subject to the above conditions. Consent Agenda Approval. Aycock/Broadaway (7 Ayes)

Adoption of a Supplement to the Code of Ordinances of Goldsboro, North Carolina. Ordinance Adopted. In 1990, an agreement was reached between the North Carolina League of Municipalities and the City of Goldsboro to engage American Legal Publishing Company to revise the Code of Ordinances of Goldsboro. The revised Code was published in 1995. The agreement stated that American Legal Publishing Company would prepare supplements for incorporation of new Ordinances to the City Code of Ordinances on a recurring basis. In compliance with this agreement, the City has received the S-44 Supplement. This Supplement contains all Ordinances of a general nature enacted since S-43 Code of Ordinances dated June 3, 2019.
Tagged Interests: grant, ordinance, council, legal, streets, events, and compliance

It is recommended Council adopt the following entitled Ordinance enacting and adopting the 2020 S-44 Supplement to the Code of Ordinances of the City of Goldsboro. Consent Agenda Approval. Aycock/Broadaway (7 Ayes)

ORDINANCE NO. 2020-10 AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES OF THE CITY OF GOLDSBORO, NORTH CAROLINA
Tagged Interests: ordinance and council

Rules of Procedure for Electronic Boards and Commissions Meetings. Approved. As a part of the Act to Provide Aid To North Carolinians In Response to the Coronavirus Disease 2019 (COVID-19) Crisis, (S.L. 2020-3, SB 704) the General Assembly has enacted modifications to the laws governing meetings of public bodies, and voting and quorum rules for city and county governing boards. The new law modifies those rules and provides specific guidance regarding remote meetings, including quorum, notice, voting, public comment, and public hearings.

These provisions are in Section 4.31 of the Act. The new provisions for remote public meetings became effective on May 4, 2020, and only apply when there is a declaration of a state of emergency by the Governor or General Assembly under GS 166A-90.20.
Tagged Interests: coronavirus, boards and commissions, voting, procedure, emergency, and hearing

It is recommended Council adopt the Rules of Procedure for Electronic Boards and Commissions Meetings effective immediately. Consent Agenda Approval. Aycock/Broadaway (7 Ayes)

Departmental Monthly Reports. Accepted as Information. The various departmental reports for April 2020 were submitted for the Council s approval. It was recommended Council accept the reports as information. Consent Agenda Approval. Aycock/Broadaway (7 Ayes) End of Consent Agenda.
Tagged Interests: council, boards and commissions, and procedure

Neuse River Basin Regional Hazard Mitigation Plan. Resolution Adopted. The Neuse River Basin Regional Hazard Mitigation Plan (RHMP) is currently being reviewed by the North Carolina Department of Public Safety (NCDPS). The existing plan expires on June 22, 2020.

In order to ensure continued compliance, FEMA has authorized communities to proceed with adoption immediately as the plan is considered a living document that is subject to change. Any changes resulting from NCDPS review will be incorporated into the final version of the plan. The City of Goldsboro will need to adopt the plan through resolution. Adoption of the RHMP does not require an advertised public hearing. A resolution can be approved at a regular meeting so long as it is not part of the consent agenda.
Tagged Interests: public safety, advertising, watershed, hearing, compliance, disaster management, and FEMA

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Upon motion of Councilmember Aycock, seconded by Councilmember Polack and unanimously carried, Council adopted the following entitled Resolution adopting the Neuse River Basin Regional Hazard Mitigation Plan.

RESOLUTION NO. 2020-36 CITY OF GOLDSBORO RESOLUTION ADOPTING THE NEUSE RIVER BASIN REGIONAL HAZARD MITIGATION PLAN City Manager s Report. Mr. Timothy Salmon stated recently there was some concern expressed regarding employee safety. I met with employees this morning, I can assure you that proper PPE is available to employees. I put out a City Manager s update on the Coronavirus today, you can find that on Facebook. Thank you. Mayor and Councilmembers Reports and Recommendations. Councilmember Polack read the following: Resolution Expressing Appreciation for Services Rendered by Thomas Meitler II as An Employee of the City of Goldsboro for More Than 6 Years. Resolution Adopted. Thomas Meitler retires on June 1, 2020 as a Police Officer with the Goldsboro Police Department of the City of Goldsboro with more than 6 years of service. Thomas began his career on July 10, 2013 as a Police Officer with the Goldsboro Police Department. Thomas was transferred to Support Services/Housing on January 30, 2019 with the Goldsboro Police Department where he has served until his retirement. Thomas has proven himself to be a dedicated and efficient public servant who gained the admiration and respect of his fellow workers and the citizens of the City of Goldsboro. The Mayor and City Council of the City of Goldsboro are desirous, on behalf of themselves, City employees and the citizens of the City of Goldsboro, of expressing to Thomas Meitler their deep appreciation and gratitude for the service rendered by him to the City over the years. The Mayor and City Council of the City of Goldsboro express to Thomas our very best wishes for success, happiness, prosperity and good health in his future endeavors. Upon motion of Councilmember Polack, seconded by Mayor Pro Tem Broadaway and unanimously carried, Council adopted a Resolution expressing appreciation for services rendered by Thomas Meitler II as an employee of the City of Goldsboro for more than 6 years. RESOLUTION NO. 2020-34 RESOLUTION EXPRESSING APPRECIATION FOR SERVICES RENDERED BY THOMAS MEITLER II AS AN EMPLOYEE OF THE CITY OF GOLDSBORO FOR MORE THAN 6 YEARS Mayor Pro Tem Broadaway read the following Proclamation: Proclamation Military Appreciation Month. Mayor Chuck Allen proclaimed May 2020 as Military Appreciation Month and officially recognize the many sacrifices made by our veterans, service members, wounded warriors, their families, and their survivors, as well as the vast network of organizations that serve these heroes across the state. Councilmember Matthews read the following Proclamation: Proclamation National Public Works Week. Mayor Allen proclaimed the week of May 17 - May 23, 2020 as NATIONAL PUBLIC WORKS WEEK in Goldsboro, North Carolina and do hereby call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life.

Tagged Interests: coronavirus, health, recognition, veterans, council, retirement, public safety, seniors, services, watershed, Public Works, public works, administrator, manager, military, social media law, disaster management, and housing

Councilmember Williams stated no comment.

Mayor Pro Tem Broadaway stated I would like to thank all of our police, fire and city

workers and citizens for following the COVID-19 orders. It is nice to see so many out in our parks walking, biking, spending time with their families. I appreciate everyone doing that.
Tagged Interests: coronavirus, public safety, and parks

Councilmember Polack stated I just want to think the Seventh Adventist Church again for

donating plates to the senior centers. I also want to think the Goldsboro Police Department, Fire
Tagged Interests: public safety, zoning, and church

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Department as well as Mr. Ryan Nelson of Goldsboro High School staff and students. We will be having a processional leaving from Goldsboro High School on Friday in honor of the 2020 class of Goldsboro High School at 6:00 p.m. The Goldsboro Police Department will be helping escort them from Jackson down Ash up to the north end to the south end of Center Street. Just want to give a shout out to the Class of 2020.

Councilmember Matthews stated no comment.

Tagged Interests: streets, public safety, education, and students

Councilmember Ham stated no comment.

Councilmember Aycock stated just a short comment. I know last week we had a peaceful demonstration at City Hall. There was a little confusion about not having a permit. I just want to make sure any councilmember who participates should make the people that are in these protests aware of our rules and regulations. Hopefully we can have a better reception next time.
Tagged Interests: regulation

Mayor Allen stated we had two really important proclamations read tonight, the military

appreciation, the public works week and it is also law enforcement officer month. I just want to think all of them for what they do and for what they mean to our community from the garbage man, to the police man, fireman to sanitary sewer, to the military, we have a lot of really good people and I just want to thank all of them for what they do. Thank you. There being no further business, the meeting adjourned at 7:23 p.m.
Tagged Interests: recognition, business, sewer, utility, Utility, public safety, Public Works, public works, and military

___________________________ Chuck Allen Mayor

___________________________ Melissa Capps, MMC/NCCMC City Clerk

Page 1 of 4 Item __B_____ CITY OF GOLDSBORO AGENDA MEMORANDUM JUNE 15, 2020 COUNCIL MEETING

SUBJECT: PUBLIC HEARING CU 04 20 Ace Hardware and Flex Space East side of Mollie Drive between Miles Lane and Southeast Drive

Tagged Interests: hearing

BACKGROUND: The applicant requests a Conditional Use Permit for retail sales to include outside storage. In conjunction with the request, the applicant is asking for separate site plan approval for the construction of a 21,105 sq. ft. multi tenant commercial center. According to the City s Unified Development Code, commercial developments incorporating retail sales of less than 30,000 sq. ft. with outdoor storage require a Conditional Use Permit. Separate site plan approval is required and shall be approved by City Council. The subject property consist of two private lots. These lots were approved by City Council on November 7, 2005 as part of a 14 lot preliminary subdivision plat proposed for commercial development and formally known as Southeast Commercial Park. Lot 8:

Frontage: 177 ft. Depth: 217.5 ft. (avg.) Area: 50,240 sq. ft., or 1.15 acres Zoning: General Business Lot 9: Frontage: 150 ft. Depth: 291 ft. (avg.) Area: 41,983 sq. ft. or 0.96 acres Zoning: General Business Existing Use: Currently, the subject properties referenced above are clear and vacant. Page 2 of 4
Tagged Interests: construction, business, council, economic development, sale, development, zoning, subdivision, parks, Development, rental, property, and commercial

DISCUSSION: The submitted site plan indicates the recombination of two private lots for the construction of a single story, 21,105 sq. ft. metal building used for commercial development.

Tagged Interests: Homebuilder, construction, economic development, development, Development, and commercial

Ace Hardware intends to occupy 11,025 sq. ft. of commercial building space. The hardware store proposes to occupy an additional 3,937 sq. ft. for outside retail sales and storage.

No additional detail provided

Tagged Interests: Homebuilder, sale, and commercial

Hours of Operation: 7:30 a. m. to 6:30 p. m. (Monday Saturday) No. of Employees: 5

The remaining 6,143 sq. ft. of commercial tenant space will be divided into five (5) separate tenant spaces for rent or lease. At this time, there are no proposed uses for the (flex) spaces. Access: Two 24 ft. wide curb cuts are proposed off Mollie Drive and are adjacent to the northern and southern property lines. A 24 ft. wide access drive provides access to parking spaces located at the front and rear of the site, as well as, loading and unloading zones for on site commercial businesses. Parking: Parking for the proposed hardware store requires 1 space per 500 sq. ft. of gross floor area. Parking for the remaining commercial retail spaces requires 1 space per 250 sq. ft. of gross floor area. A total of 42 parking spaces are required for the site. 46 parking spaces have been provided to include 2 van accessible handicap parking spaces. In addition to parking, the submitted site plan proposes a 12 ft. wide stacking lane sufficient for 4 vehicles along the northern building wall should a tenant opt to provide pick up window services in the future. Landscaping: 7 Autumn Blaze Maples are proposed as street trees along Mollie Drive. A Type A, 5 ft. wide buffer is proposed along the northern and southern property lines consisting of Blaze Maples and Variegated Privets. Snow Goose Flowering Cherries and Dwarf Yaupons will serve as vehicular surface area plantings. Page 3 of 4 An existing Type C, 20 ft. wide landscape buffer is required and present along the eastern property line adjacent to residentially zoned property. Building Elevations: Currently, the owner is in the process of choosing exterior building components for the proposed commercial multi tenant space. One option utilizes brick veneer walls, masonry column supports, sloped metal roofs over entryways and aluminum thermal windows. The second option utilizes projected and recessed brick veneer walls and EIFS wall panels and aluminum thermal windows. Staff will ensure that commercial design guidelines are incorporated into the construction of the commercial building. Sidewalks and Pedestrian Access: Existing 5 ft. wide exterior sidewalks are shown on the submitted site plan. The applicant shows interior sidewalks leading from the parking lot to the building entrances through sloped walkways and handicap ramps. Commercial Lighting: Commercial lighting plans have not been submitted. However, all exterior lighting improvements proposed for the site shall be in accordance with the City s commercial lighting design standards. Engineering: The property is not located within a Special Flood Hazard area. Water is available to serve the property and is provided by Eastern Wayne Sanitary District. City sewer is available to serve the property. Storm water calculations and drainage plans have not been submitted. Commercial building permits cannot be issued until all City engineering requirements have been satisfied. AICUZ: The site falls within the 70 74 day night average sound level (DNL) noise zone of Seymour Johnson Air Force Base. Base officials have indicated that a noise level reduction (NLR) of 25 decibels is required for the proposed commercial development to be compatible within the noise zone. Refuse Collection: A solid waste commercial dumpster enclosure has been provided for tenants of the commercial center and is shown along the southeastern CONDITIONAL USE PLAN CASE : CU-4-20 APPLICANT: ACE HARDWARE + FLEX SPACE REQUEST: COMMERCIAL FLEX SPACE PIN : 3528-20-7202 352-20-7056 LOCATION: 107 109 MOLLIE DR HOURS OF OPERATION: 7:30 am - 6:30 pm MON - FRI tJIIMAr::g 01= r::UDI nvr::r:: r:. The data represented on this map has been compiled by the best methods ava able. k.OJra:y is contingent upon the s ource information as compiled byvarious agencies and departments both internal and extema l to the City of Goldsboro, NC. Users of the data represented on this map are hereby notified that the prinryinformation sources should be consulted for verification of the information contained herein. The City of Goldsboro and the co nies contraded to develop these data assume no legal responsibilities for the information or accuracy contained on this map . It is stridly forbidden to sell or reproduce these maps or data for any reason without the written c onsent of the City of Goldsboro. OJOIOOUT JIX t01.10 mP c;IUl[ -tca.tO llnollrl tOJ.OI I I -1-- I.DTNO.I OU'D4[AST Pil '. I'\.AT IIII UI( -t MIA Jt.)S282 07'0 1t DaD lOCI( 21 1 PAGE 4S2 1011 l.U[OANI:
Tagged Interests: Homebuilder, construction, business, legal, sewer, leasing, economic development, streets, utility, development, solid waste, Utility, zoning, services, water, flooding, Development, rental, property, buildings and grounds, commercial, military, snow, Pedestrian, noise, parking, and stormwater

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PROPOSED ACE HARDWARE AJI) FLEX SPACE 107 1< 109 1o10UJE ORI\'E

LOTS NO. II I< V SOU'IMEAST cot.lloiEROAl PARK CITY OF GOlDSBORO. NEW HOPE TOWNSHIP. WA'INE COUNTY. N.C.

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Tagged Interests: parks

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314 NC HWI' SOUTH. GOLDSBORO. NORTH CAIIOUNA 27534-V22.J CONTACT: 108 1\'EY VIV-3711-3130 bob.lwyChefveneta.com FOR REVIEW ONLY NOT FOR CONSTRUCllON
Tagged Interests: construction

B.
R. KORNEGAY, INC. LANOSUR'JEV:::.: G G

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Tagged Interests: parks and commercial

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SUBJECT: BACKGROUND:

CITY OF GOLDSBORO AGENDA MEMORANDUM

PUBLIC HEARING Item _ _ _ Z-3-20 Adamsville Gateway Center, LLC.- East side of S. Berkeley Boulevard between E. Elm Street and East Street
Tagged Interests: streets, hearing, and gateway

On December 9, 1986, City Council approved a rezoning change from Neighborhood Business (NB) to General Business Conditional District (GBCD) limiting the subject property to the following permitted uses in the General Business zoning district: retail sales, appliance installation and repairs, barber shops, pawn shops, restaurants, bakeries and apparel tailoring/alterations.

In recent months, the owner of the commercial multi tenant center has had several inquiries regarding potential uses that were not approved as uses for the site, however, are permitted uses within the General Business zoning district.
Tagged Interests: business, council, sale, restaurants, zoning, rental, property, commercial, and neighborhood

A
zoning change is requested by the owner in order to maximize the use and marketability of his commercial property. The owner is requesting the following uses to be added as permitted uses for the site: pet grooming, laundromats/dry cleaning (personal), health spas, tanning salons, fitness centers, martial arts studios, nail salons, copying/printing services, offices to include business, medical and professional and travel agencies.

Surrounding Zoning: North: South: East: West: General Business (GB) Property owned by SJAFB Property owned by SJAFB General Business Conditional District(GBCD) and Shopping Center (SC) C
Tagged Interests: health, business, travel, pets, arts, zoning, services, property, and commercial

DISCUSSION: As previously stated, the owner is requesting a zoning change from General Business Conditional District (GBCD) to General Business Conditional District (GBCD) to amend the permitted uses allowed for the site. Separate site plan approval is required.

The following uses are requested by the owner to be added to the list of permitted uses approved for the site: pet grooming, laundromats/dry cleaning (personal), health spas, tanning salons, fitness centers, martial arts studios, nail salons, copying/printing services, offices to include business, medical and professional and travel agencies. The submitted site plan indicates an existing 6,965 sq. ft., single-story, brick-veneer and concrete block commercial building. Currently, the commercial building is separated into seven (7) tenant spaces. If the rezoning is approved, new uses must meet building code regulations as regulated by the North Carolina State Building Code.

Tagged Interests: Homebuilder, health, regulation, business, economic development, travel, pets, arts, zoning, services, rental, commercial, and building codes

At this time, no other changes to parking or landscaping are required for the site.

No additional detail provided

Tagged Interests: parking

No outside storage is proposed. Any outdoor storage proposed in the future must receive City Council approval.

Tagged Interests: council

Land-Use Plan: The City's Comprehensive Land-Use Plan recommends commercial development for the property.

Tagged Interests: development, Development, property, and commercial

Engineering: The property is not located within a Special Flood-Hazard Area.

Tagged Interests: flooding and property

SJAFB: The site is not located in an Accident Potential Zone (APZ) or within the Noise Overlay District of Seymour Johnson Air Force Base. Since the property was adjacent to SJAFB, City officials contacted Base officials for comment. According to Base officials, the proposed uses requested by the owner to be added to the list of permitted uses for the site pose no commercial development concerns or hazard to flight operations.

Date: _ _ _ _ _ _ _ _ Recommendation: No action necessary. The Planning Commission will have a recommendation for the City Council at their next regularly scheduled meeting on July 13, 2020. City Manager Z-3-20 ADAMSVILLE GATEWAY CENTER 204-214 S. BERKEL EY BLVD REZONING REQUEST ata refX'esent map has been compiled by the best methods available. Acruracy is contingent upon the source information as compiled byvarious agencies and departments both nternal and external to the City of OWNER: REQUEST: PROJECT: PIN : LOCATION:
Tagged Interests: planning, council, boards and commissions, development, zoning, Development, property, commercial, administrator, manager, military, gateway, and noise

GLENN SCOTT A DAMS AMEND GENERAL BUSINESS CONDITIONAL DISTRICT USES ADAMSVILLE GATEWAY CENTER 3519-10-2564 204-214 S_ BERKELEY BLVD_

Goldsboro, NC. Users of the data r epr esented on this map are hereby notified that the fX'imaryinformation sources should be consulted for verification of the ilformation contained h erein. The City of Goldsboro and the co rf4)anies contracted to develop these data assume no legal responsibilities for the information or accuracy contained on this map. It is strictly forbidden to sell or reproduce these maps or data for 111y reason without the written

Tagged Interests: business, legal, contract, and gateway

OWNER: REQUEST: PROJECT: PIN : LOCATION:

Z-3-20 ADAMSVILLE GATEWAY CENTER 204-214 S. BERKELEY BLVD GLENN SCOTT ADAMS AMEND GENERAL BUSINESS CONDITIONAL DISTRICT USES ADAMSVILLE GATEWAY CENTER 3519-10-2564 204-214 S. BERKELEY BLVD. Thedata represent smaphas the best methods; available. Acruracyis contilgent upon the source information as compiled byvarious a gencies; and departmenti both ntemal and externa.lto the City of Goldsboro NC. Users of the data represented on th is map are hereby notified that the pr ime ry information sour ces llhould be consulted for verification of the ilformation contained herein. The City of Goldsboro and the col'\1)8flies contracted to develop these data assume no legal responsibilities for the information or accuracy contained on this map. It is strictly forbid den to sell or reproduce these maps or data for any reason without the written
Tagged Interests: business, legal, contract, and gateway

OWNER: REQUEST: PROJECT: PIN : LOCATION:

Z-3-20 ADAMSVILLE GATEWAY CENTER 204-214 S. BERKELEY BLVD
Tagged Interests: gateway

GLENN SCOTT A DAMS AMEND GENERAL BUSINESS CONDITIONAL DISTRICT USES ADAMSVILLE GATEWAY CENTER 3519-10-2564 204-214 S_ BERKE EY BLVD_

Th e data represented on this map has b een c the best methods available_ k.rurw:y is cantil gent upon the source information as compiled byvarious agencies and de partments both iltemal and external to 1he City of Goldsboro, NC. Users of the data r epresented on this map are hereby notified thai the primary information sources should be consulted for verification of the ilform.ation contained here in. The City of Goldsboro and the companies contracted to develop these data assume no legal responsibilities for the information or accuracy contained on this map. It is strictly forbidden to sell or reproduce these maps or data for any reason without the written Item _________

Tagged Interests: business, legal, contract, and gateway

CITY OF GOLDSBORO AGENDA MEMORANDUM

SUBJECT: Public Hearing DRAFT FY20-24 Consolidated Plan (ConPlan) and FY20-21 Annual Action Plan (AAP)
Tagged Interests: hearing

To receive and consider public input from citizens on the draft FY20-24 ConPlan and the FY20-21 AAP.

No additional detail provided

BACKGROUND: The Department of Housing and Urban Development (HUD) requires jurisdictions receiving federal funds from Community Development Block Grant and HOME Investment Partnerships programs to develop and submit a Five-Year Consolidated Plan. The plan identifies the needs of lower-income persons in the locality and the proposed actions to be taken to serve those needs. For each year during the ConPlan period, the City of Goldsboro submits an Annual Action Plan outlining the proposed projects to serve lower-to-moderate income (LMI) persons in Goldsboro.

DISCUSSION: Goldsboro s draft FY20-24 ConPlan and the FY20-21 AAP was made available for review and comment on May 27, 2020 until 5:00 p.m. on June 25, 2020. The FY20-24 ConPlan and FY20-21 AAP will outline the proposed use of funds Goldsboro is expected to receive: 351,137 from CDBG, 237,076 from HOME, 206,554 from CDBG-CV and any other funding to be used in conjunction with these three grants. Goldsboro expects to receive 1,369,863 in CDBG; 1,348,095 in HOME; and 400,000 in Urgent Repair (URP) funds over the remainder of FY20-24 ConPlan. Additionally, the City will have available in FY20-21 approximately 180,123 in prior year CDBG funds and 525,028 in prior year HOME funds (prior year balances as of February 1, 2020) along with program income of 3,120 in CDBG and 4,048 in HOME. Due to the restrictive use of funds placed on the HOME program to focus on projects and/or activities designed exclusively to create affordable housing for LMI households, the City has historically each year carried over a substantial amount of prior years HOME funds when it has not undertaken large development projects.
Tagged Interests: funding, grant, development, program, Development, investment, cdbg, community development, and housing

Advertisements were published in the Goldsboro News Argus on May 12, 2020, relative to the holding of a May 22, 2020 virtual public meeting before the Commission on Community Relations and Development, on May 15, 2020 relative to the FY20-24 ConPlan and FY20-21 AAP availability for thirty-day review and comment period, and a final advertisement was published on May 30, 2020 relative to the scheduling of June 15, 2020 public hearing before City Council. Comments received at this public

hearing, from the May 22, 2020 virtual public meeting, and during the thirty-day review and comment period will be incorporated as part of Goldsboro s final version of the FY20-24 ConPlan and FY0-21 AAP to be sent to HUD on or before July 15, 2020.

RECOMMENDATION: No action necessary. The Community Relations Department will have a final recommendation of the FY20-24 ConPlan and FY20- 21 AAP for the Council s meeting on July 13, 2020.
Tagged Interests: council and hearing

Date: _______________________ _________________________________________ Shycole Simpson-Carter Community Relations Director

Date: _______________________ _________________________________________ Timothy M. Salmon City Manager ssc
Tagged Interests: administrator and manager

Extracted from May 22, 2020 Virtual Public Meeting (Slide 6)

Extracted from May 22, 2020 Virtual Public Meeting (Slide 10)

ITEM ________

CITY OF GOLDSBORO AGENDA MEMORANDUM

SUBJECT: Public Hearing on FY2020-2021 Annual Operating Budget
Tagged Interests: budget and hearing

BACKGROUND: The North Carolina General Statute 159-12 requires the governing board to conduct a public hearing prior to the adoption of the annual operating budget. Statute further requires that the budget officer file notice of the availability of the budget for public inspection and the date and time of the budget hearing. This was done on Saturday, May 30, 2020 in the Goldsboro News-Argus, and additionally published on the City s website and via social media.

DISCUSSION: Upon closing of the public hearing, staff will be prepared to present the FY2020-2021 annual operating budget ordinance for proposed adoption at the June 15, 2020 meeting. RECOMMENDATION: It is recommended: 1. Conduct public hearing on the annual operating budget at the times, if necessary before June 30, 2020 at midnight. 3. If no further discussion is requested, adopt the FY2020-2021
Tagged Interests: ordinance, boards and commissions, budget, hearing, and social media law

annual operating budget ordinance at the June 15, 2020 meeting.

Date: _________________ ________________________________________ Catherine F. Gwynn, Finance Director Date: _________________ ________________________________________ Timothy M. Salmon, City Manager 06/10/2020 E
Tagged Interests: ordinance, finance, budget, administrator, and manager

City of GoldsboroAFFP Notice of Public HearingCity of Goldsboro Notice of Pu

FY 2020-2021 Budget Affidavit of Publication

The public is hereby advised that per G,S. 159- 12t.the City Manager
Tagged Interests: budget, administrator, and manager

STATE OF NC) SS has submitted' the proposed COUNTY OF WAYNE budget for the City of Goldsboro

for FY 2020-2021 to the ,Mayor and John McClure, being duly sworn, says: the City Council. A copy of the pro- That he is Publisher of the Goldsboro News-Argus, a daily posed budget for the ffscai year newspaper of general circulation, printed and published in ibeginning ,July112020 and .endingGoldsboro, Wayne County, NC; that the publication, a copyof_vvhich_is_attached_hereto,_was_published in the_ June ,30,v 202.tis_on fileirithe oif7- said newspaper on the following dates: floe of the City Clerk and on the May 30, 2020 City of Goldsboro's website
Tagged Interests: council and budget

http://www.goldsborond.govi The budget is available,for public in- spection during normal business hours from8:00 a.m. to

That said nevvspaper was regularly issued and circulated on those dates. until-th-e,budgetordinancels:adop SIGNED: ted The City,;,Clerk's office is
Tagged Interests: budget

atectin.City-Half-atgqp North Con- Publisher ter Street 0,oldsboro North Caro- Subscribed to and sworn to me this 30th day of May 2020. I ina,

The City Council will conduct a public hearing on the proposed

Tagged Interests: council, streets, and hearing

I.
I budget during their regularly . scheduEvelyn L Little, stomer Service Rep, Wayne County, NC led meeting on Mondayt June 15, 2020 at 700 p.m. 1, or as

My commission expires: April 10, 2024 soon thereafter as may be heard, in the Large Conference Room loc- ated at the City Hall Annex Build-

Tagged Interests: boards and commissions, budget, and annexation

40090942 40369880 ingt IRoom 205 at 200 North Cerr7, Chestine Faison ter.. treeti:Poldsboro5 North.Caro.._ City Of Goldsboro Ina. Any person who Wishes to bePo Drawer A Goldsboro; NC 275333 heard on the budget may appear

Catherine 5. Gwynn4- io---2evi- Director of Finance Item _____ CITY OF GOLDSBORO AGENDA MEMORANDUM JUNE 15, 2020 COUNCIL MEETING
Tagged Interests: finance and budget

SUBJECT: Amendment to the WNB Landlord, LLC Redevelopment Agreements BACKGROUND: Rehab Development, Inc. (WNB Landlord, LLC), the Design Build

No additional detail provided

Tagged Interests: development, Development, and rental

company is investing over 12M in rehabilitating six historic buildings downtown. All properties are in need of significant rehabilitation to make them productive once again. The original agreement for this project was approved by Council on November 20, 2017. The project scope consists of the following properties: 200 E. Walnut Street, 204 E. Walnut Street, 206 E. Walnut Street, 106 S. John Street, 135 W. Walnut Street and 139 W. Walnut Street.

Tagged Interests: Homebuilder, council, streets, historic, and downtown

DISCUSSION: The originally approved agreements state the completed project will result in a minimum of 12,000 sq. ft. of commercial, ready to lease space and 55 market rate residential units and successfully repurposing 68,000 sq. ft. of vacant, non productive space. After official measurements and consulting professionals in the construction process, the project will result in approximately 10,900 sq. ft. of commercial space and not less than 60 market rate residential units. The total building area will be 67,000 sq. ft. WNB Landlord, LLC is requesting to amend these agreements to reflect these revisions.

RECOMMENDATION: By motion, accept and authorize the Mayor to sign the revised agreements with the following changes subject to City Attorney review, approval and based on the intent, expectations and assurances as stated herein and intended. 1. The developer will be building not less than 60 housing units. They
Tagged Interests: Homebuilder, construction, legal, leasing, market, services, rental, commercial, and housing

are/have submitted plans for 63 units. 2. The developer will be building approximately 10,900 SF of commercial

space.

Tagged Interests: Homebuilder and commercial

3.
The project s entire scope, upon most recent actual measurements done by their architect, is approximately 67,000 square feet.

Date: _______________ ________________________________________ Randy Guthrie, Assistant City Manager

No additional detail provided

Tagged Interests: administrator and manager

Date: ________________ ________________________________________ Tim Salmon, City Manager

F WNB Landlord, LLC

Tagged Interests: rental, administrator, and manager

8601 Six Forks Road, Suite 250

Raleigh, NC 27615
Tagged Interests: streets

06/06/2020

To: City of Goldsboro and County of Wayne

No additional detail provided

Subject: Wayne National Building Historic Redevelopment Project

Greetings to our patient friends in Goldsboro. As you are all aware, this project has been extraordinarily complicated, for a myriad of reasons, and we have overcome many obstacles together. We are pleased to report that we are finally nearing the finish line in order to be able to commence construction. Thank you for hanging in there with us as circumstances have been a bit turbulent on this one, as these type of projects often can be. As we are now in the process closing out our final lending in tax credit syndication package. It has been brought to our attention that some of the earlier square footage numbers cited in our Economic Development, Historic Preservation and Urban Redevelopment Agreement between The City of Goldsboro and WNB Landlord, LLC, as well as the Economic Development, Historic Preservation and Urban Redevelopment Agreement between The City of Goldsboro, The County of Wayne and WNB Landlord, LLC need to be slightly modified. In short, the square footage numbers cited in the current agreement that was executed on February 15, 2019, were unfortunately not completely accurate and we apologize for that discrepancy. This was just recently discovered as we are wrapping up final underwriting due diligence and will need to amend the agreements to correctly reflect the most accurate information and square footage numbers we have today.
Tagged Interests: Homebuilder, historic preservation, construction, economic development, taxes, Taxes, development, historic, Development, rental, and preservation

The scope and size of the project has not changed in any material way. We are actually planning to build 8 more residential units than previously agreed to and the overall project cost has increased since these agreements were finalized. However, the commercial component of the project s square footage, now that we are submitting plans for permit, is slightly less than

Tagged Interests: planning and commercial

what our executed agreement stipulates. The building footprints will only allow for approximately 10,900 SF of Commercial Square Footage, which is about 1100 square feet less than citied in the previously executed agreements. The overall building square footage of the project is also coming in at 67,000 square feet, which is 1000 square feet less than the 68,000 square feet cited in these agreements.

We request changing the quantitative facts of both these agreements to be reworded to reflect the following; 1. We will now be building not less than 60 housing units. We are/have submitted plans for 63 units.
Tagged Interests: Homebuilder, commercial, and housing

2.
We will be building approximately 10,900 SF of Commercial Space. 3. The project s entire scope, upon most recent actual measurements done by our

Architect, is approximately 67,000 square feet. There are multiple paragraphs in each agreement that need to be amended to correctly reflect these facts and we are happy to have a conversation with anyone from the City or County s office to ensure that these changes are properly reflected if at all necessary. Many thanks to all for their collective efforts on this and we look forward to having hammers swinging very soon. Kind regards,

Tagged Interests: Homebuilder and commercial

J.
Patrick Reilly

Managing Member WNB Landlord, LLC

Tagged Interests: rental

1
STATE OF NORTH CAROLINA ECONOMIC DEVELOPMENT, HISTORIC PRESERVATION URBAN REDEVELOPMENT COUNTY OF WAYNE AGREEMENT BETWEEN THE CITY OF GOLDSBORO, COUNTY OF WAYNE AND WNB LANDLORD, LLC

AGREEMENT This Agreement ( Agreement ) is entered into effective as of __________________, 2020 (the Agreement Date ) by and between WNB Landlord, LLC, a North Carolina limited liability company (the Company ), the City of Goldsboro, North Carolina, a North Carolina municipal corporation (the City ) and the County of Wayne, North Carolina, a body politic and political subdivision of the State of North Carolina (the County ). RECITALS WHEREAS, this agreement between the parties relates to an economic development, historic preservation, Municipal Service District and downtown urban redevelopment project to assist the Company in the rehabilitation of six (6) buildings that will result in mixed-use space within the Central Business District of at least fifty-five (55) not less than sixty (60) apartments and twelve thousand (12,000) approximately ten thousand nine hundred (10,900) square feet of commercial space affecting over sixty-eight thousand (68,000) approximately sixty-seven thousand (67,000) square feet of valuable historic buildings in the City of Goldsboro, North Carolina (the Project ), as further described in Section I.A. of this Agreement; and WHEREAS, the City adopted the 2007 Downtown Master Plan that set forth the City s interest and desirability to create private investments in the downtown area that helped it to achieve the public s established vision for downtown; and WHEREAS, the Downtown Master Plan established a need for mixed-use development projects that utilize the City s existing historic buildings, rehabilitates them and puts them back into productivity for all of downtown and Goldsboro; and WHEREAS, the City established a Goldsboro Historic District by Ordinance 1983-61 adopted on December 5, 1983 and the Historic District Commission by Ordinance 1981-20 adopted on May 18, 1981 as permitted and regulated by the North Carolina General Assembly General Statutes 160A-400.1-400.14; and WHEREAS, the City established said ordinances because historic sites and structures are valued and important assets of Goldsboro and it is recognized that protecting and conserving these sites and structures is vital to the preservation of the heritage of Goldsboro; and WHEREAS, the buildings being considered for redevelopment will result in historic preservation activities of the highest standard established by the Department of Interior s Standards for Historic Preservation; and
Tagged Interests: Homebuilder, historic preservation, ordinance, recognition, business, sites, economic development, strategic, boards and commissions, development, historic, downtown, subdivision, Development, rental, preservation, investment, and commercial

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WHEREAS, Company has agreed to enter into a historic preservation agreement with the City whereby Company grants to the City historic preservation easements and restrictions, in the form attached hereto as Exhibit A, upon the Project for the protection of the historic assets located upon the Project, and said easements and restrictions shall be recorded in the Office of the Wayne Country Register of Deeds in form and substance substantially similar to Exhibit A; and

WHEREAS, North Carolina General Statutes Chapter 160A, Article 23, allows municipalities to create Municipal Service Districts (MSD) or Business Improvement Districts in downtown areas for downtown revitalization that creates a special taxing district that municipalities can establish to fund, among other services or functions, downtown revitalization projects. The statutes describe downtown revitalization projects as services, functions, and developmental activities intended to further the economic well-being of the downtown area, and permit the promotion of business investment in the downtown area; and WHEREAS, the City established a MSD by ordinance 1977-102 and considers the Project to be a downtown revitalization project of significance; and WHEREAS, North Carolina General Statutes 143B-437.09 allows municipalities to create Urban Progress Zones ( UPZs ) to help stimulate investment and job creation in economically distressed urban areas and North Carolina s Urban Redevelopment Law, G.S. Chapter 160A, Article 22, authorizes a local government to exercise special statutory powers within a designated geographic area called a redevelopment area because the growth of the area is impaired by the presence of dilapidated or obsolete buildings, overcrowding, or other unsafe conditions, or in danger of becoming blighted; and WHEREAS, programs of assistance and financing, including the making of loans, for rehabilitation, repair, construction, acquisition, or reconditioning of residential units and commercial and industrial facilities in a redevelopment area may be utilized in a redevelopment area under the Urban Redevelopment Law; and WHEREAS, the state previously adopted two UPZs for the City and the Project is contained within the boundaries of the area previously designated by the state as a UPZ; and WHEREAS, the properties described in Section I.A. of this Agreement have either been vacant or underutilized with insignificant reinvestment and repairs for a substantial time and the City attempted to secure investors for four of the properties that make up the Project and received only one response; and WHEREAS, the City and County deem the grant provided to the Project as more particularly described herein, which will result in historic rehabilitation, reinvestment and reuse of the Properties (as defined below) as a mixed-use project, to be in the best interest of downtown Goldsboro, the City, the County and their citizens; and WHEREAS, the City and County deem this Project to be: (1) an economic development project that will benefit the public, spur job creation and result in an increase in property value whereby both governmental bodies will recoup their invested funds from revenue generated by
Tagged Interests: Homebuilder, historic preservation, funding, grant, ordinance, construction, business, economic development, taxes, Taxes, development, industrial, historic, downtown, services, program, Development, preservation, property, investment, blight, easement, growth, and job creation

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improvements to the property; (2) address urban renewal of a blighted area as recognized by the State through its prior UPZ classification; and (3) aid in downtown revitalization efforts within the established Goldsboro MSD by promoting business investment in the downtown areas; and

WHEREAS, to encourage community comment and to fulfill the requirements of the North Carolina General Statutes, following advertisement in the Goldsboro News Argus, the City Council held a public hearing on offering this Agreement to the Company at a regularly scheduled meeting held on November 20, 2017; and WHEREAS, to encourage community comment and to fulfill the requirements of the North
Tagged Interests: recognition, business, council, downtown, advertising, property, investment, hearing, and blight

Carolina General Statutes, following advertisement in the Goldsboro News Argus, the County Board of Commissioners held a public hearing on offering this Agreement to the Company at a regularly scheduled meeting held on November 21, 2017; and

WHEREAS, the Company fully intends to repair and rehabilitate the Project according to the standards of the US Department of the Interior Standards for Historic Preservation, attached hereto and incorporated herein by reference, and all City, County, and North Carolina standards and codes. The City and County hereby acknowledge that the terms of this Agreement, including specifically a grant based on certain performance measures that may result in the reimbursement of a portion of property taxes, if measures are achieved, as described in this Agreement, constitute a dispositive inducement to the City and County to enter into this Agreement. Similarly, the Company hereby acknowledges that its decision to rehabilitate the Project resulted from the offer of local incentives and other assistance described in this Agreement and that such local incentives and other assistance serve a valid public purpose; and WHEREAS, the following Agreement will serve as the contractual agreement between the
Tagged Interests: historic preservation, grant, boards and commissions, taxes, Taxes, historic, advertising, performance, preservation, property, hearing, incentive, and property tax

City, County and Company for the establishment, use and outcome of the incentive grant payments provided by the City and the County (the Grant ) to assure this Project s implementation.

NOW, THEREFORE, for and in consideration of the mutual covenants, including those attached hereto in Exhibit A and incorporated herein by reference, and agreements set forth herein, the parties hereby agree to the following: TERMS AND CONDITIONS
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I.
COMPANY INVESTMENT. In return for the assistance and consideration being provided

by the City under the terms of this Agreement, Company agrees as follows:

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A.
SCOPE OF PROJECT AND INVESTMENT. Company shall spend a minimum of Seven Million Nine Hundred Thousand and No/100 Dollars ( 7,900,000.00) (the Investment ) no later than the date (the Investment Date ) which is twenty-seven (27) months following the renewal date of the North Carolina Historic Tax Credit Program which is currently set to expire on January 1, 2020, on capital costs related to the development and equipping of the Project which consists of the following properties (each, individually, a Property and collectively, the Properties ):

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Tagged Interests: taxes, Taxes, development, historic, program, Development, property, and investment

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1. 200/202 E. Walnut Street, for planning address purposes, but defined by the Wayne County Tax Office as Cor. S. John Walnut Street, once individually recorded prior to 2017 in Deed Book 1116, Page 0553, PIN 259995-4529 but now combined and in Deed Book 3275, Page 262, PIN 2599954529.

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Tagged Interests: planning, streets, taxes, and Taxes

2.
204 E. Walnut Street, for planning address purposes, and once individually

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recorded prior to 2017, was in Deed Book 1259, Page 583, PIN 2599954548, but now combined and in Deed Book 3275, Page 262, PIN 2599954529.

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3.
206 E. Walnut Street, for planning address purposes, and once individually

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recorded prior to 2017, was in Deed Book 1463, Page 651, PIN 2599954578, but now combined and in Deed Book 3275, Page 262, PIN 2599954529.

4. 106 S. John Street, for planning address purposes, and once individually

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recorded prior to 2017, was in Deed Book 1116, Page 553, PIN 2599954449, but now combined and in Deed Book 3275, Page 262, PIN 2599954529.

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5.
135 W. Walnut Street, recorded in the Wayne County Deed Book 1364, Page

775, PIN 2599865018.

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6.
139 W. Walnut Street, recorded in the Wayne County Deed Book 1364, Page 775, PIN 2599865018.

The Properties constitute the Project for purposes of this Agreement.

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After investing a minimum of Seven Million Nine Hundred Thousand Dollars ( 7,900,000.00), the Project is estimated and expected to have a total value, including land, equal to or greater than Seven Million Dollars ( 7,000,000.00). These expenditures are planned to occur beginning in 2019, and shall be for real property improvements which are subject to ad valorem property tax levied on property located in Wayne County pursuant to Article 25, Chapter 105 of the North Carolina General Statutes or any successor statute relating to ad valorem property tax Wayne County levies on property.

Tagged Interests: taxes, Taxes, property, ad valorem, and property tax

Funding of the Grant shall begin at the Company s written request as provided in Section II, below.

Tagged Interests: funding and grant

B.
BUILD, OPEN AND OPERATE PROJECT. Company must repair, rehabilitate, open

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and operate the Project as a mixed-use project including at least fifty-five (55) not less than sixty (60) apartment units and the creation of at least twelve thousand (12,000) approximately ten thousand nine hundred (10,900) square feet of commercial space, affecting approximately sixty eight thousand (68,000) sixty seven thousand (67,000) square feet of historic square footage in downtown Goldsboro. The improved buildings shall be completed in accordance with the Department of Interior Standards for Historic Preservation. The Project may include landscaping and other appurtenances necessary and traditional for Company s business or as provided by law. Company shall comply

Tagged Interests: Homebuilder, historic preservation, business, historic, downtown, preservation, and commercial

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with all requirements of the City s planning, development and land use ordinances, as they may from time to time be amended, in developing the Project.

Tagged Interests: planning, ordinance, development, and Development

C.
LANDMARK STATUS. As long as the Properties meet the applicable requirements for

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local historic landmark status and any of the Properties are designated a local historic landmark by the historic preservation commission in accordance with North Carolina law, the City and County will confer the maximum property tax benefit of such status, not to exceed a 50 property tax deferment, to the Company for each of such Properties as are designated a local historic landmark. Local historic landmark status shall be designated on an individual property basis and shall not be conferred on the Project as a whole. The property tax benefit shall only be applicable to such Properties making up the Project which meet the applicable requirements for said local historic landmark status.

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Tagged Interests: historic preservation, boards and commissions, taxes, Taxes, historic, preservation, property, and property tax

II.
CITY/COUNTY ECONOMIC DEVELOPMENT, HISTORIC PRESERVATION AND

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Tagged Interests: historic preservation, economic development, development, historic, Development, and preservation

REDEVELOPMENT INCENTIVE. The City and County will begin funding the Grant to Company after certain Project performance measures are met, as set forth in Section II. A hereof.

A. The Grant funding shall begin the first year the Project is placed in service and a

Tagged Interests: funding, grant, performance, and incentive

Certificate of Occupancy has been issued (the Base Year ) and the Company presents copies of the Wayne County Tax Assessor s listing of tax value for the Project Properties to the persons whom notice must be given in Section X (the Contacts ) along with a request that the incentive payments begin. Company shall update this information at least annually on the anniversary date of the first notification that the investment has been made for the term of this Agreement. Company will promptly provide to the Contacts such information evidencing compliance with this requirement as the City or County may request.

1. The City and County agree to fund the Grant to Company, for a term of ten (10) years beginning in the Base Year.
Tagged Interests: grant, taxes, Taxes, investment, compliance, and incentive

2.
The Grant payments shall be calculated based on the Assessed Valuation of the

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applicable real property for the applicable tax year as paid multiplied in accordance with the table below.

COUNTY Year 1 to 5 Year 6 Year 7 Year 8 Year 9 Year 10 Assessed Valuation for applicable Tax Year multiplied by: 0.006635 X 90 0.006635 X 75 0.006635 X 60 0.006635 X 45

Tagged Interests: taxes, Taxes, and property

0.006635 X 30

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0.006635 X 15

CITY Year 1 to 5 Year 6 Year 7 Year 8 Year 9 Year 10 Assessed Valuation for 0.0065 X 90 0.0065 X 75 0.0065 X 60 0.0065 X 45

0.0065 X 30

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0.0065 X 15

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applicable Tax Year multiplied by:

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(i) Assessed Valuation means the Wayne County Tax Assessor s official

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valuation of the applicable real property and improvements thereon for property taxation purposes, subject to the Wayne County s customary verification procedures and valuation procedures for subsequent years.

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(ii) The 0.006635 number set forth above is the current ad valorem County tax

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rate. The 0.0065 number set forth above is the current ad valorem City tax rate. The number is subject to change based on the actual tax rates for the applicable year in which each Grant payment is calculated and paid.

Tagged Interests: grant, taxes, Taxes, rates, and ad valorem

(iii) Tax Year means the calendar year preceding the payment of an annual

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Grant payment. For instance, for a 2015 investment, the increase in a property s value will be captured by the Tax Assessor in 2016 values (January 1, 2016). Ad valorem taxes are billed each August and are due without penalty by the following January 6.

3. Each of the parties agree that calculation of the incentives is based on the Assessed Valuation of the Properties. If the Assessed Value of the Properties (or any part of them) is disputed by the Company, its agents, employees or lawyers, then this Agreement shall be tolled provided that the Company notifies the City and County in writing that it has made such appeal, until the Assessed Value is determined by a tribunal of proper jurisdiction or otherwise resolved, and the Company gives written notice to the City and County the dispute of the Assessed Valuation has been resolved. 4. The City and County will each pay the Grant to Company in each of the first ten years, as outlined above, in which Company pays taxes for real property located within the Project, provided that the provisions of this Section II have been met and that Company has requested such Grant payment in writing (including written proof of payment of its City and County ad valorem property taxes for the year for which the Company is seeking the Grant). The City, County and Company each are entitled to receive from one another such public records related to the Company s real property investment in the Project as each may reasonably request.
Tagged Interests: grant, legal, taxes, Taxes, property, investment, penalty, ad valorem, public records, incentive, and property tax

5.
Upon receipt of a written request from the Company, no later than March 31 of the Base Year, the City and County shall pay the first annual Grant payment to the Company , provided that the data requested under this Section II is verified by City and County staff. City staff may request and are entitled to receive any documents Company gave or showed to the County to allow the County to ascertain the values of the Properties for tax purposes. The real property valuations made by the County Tax Assessor are deemed by both parties to be

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Tagged Interests: grant, taxes, Taxes, and property

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the conclusive and final determination of the Investment made by the Company; provided, that the Company does not waive any rights it may have to challenge any assessment under the City s or County s standard procedures and processes. The City and County shall not make any Grant payments based on the values of disputed investments. The City and County shall make the Grant payments in subsequent years provided that Company has met all of the requirements for each successive year as set forth herein and submits documents as required in Section IX.C. accompanied by a request for payment.

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Tagged Interests: grant, procedure, and investment

6.
In no event will the Grant payment for any year exceed 90 of the City or

County ad valorem property taxes paid by the Company with respect to the Properties for the corresponding year. In no case shall the City or County make any Grant payment(s) for any year and any subsequent year during which the Company ceases operations. Ceases Operations , as used herein and hereafter, includes but is not limited to: (i) failing to market vacant residential or commercial spaces within the improvements on the Properties for tenancy, (ii) failing to maintain the improvements on the Properties to applicable state and local building, plumbing, electrical, and fire codes, (iii) failing to maintain minimum housing standards for any residential premises located on the Properties, (iv) failing to maintain any commercial premises located on the Properties applicable minimum standards for use, (v) allowing any improvements to be declared an unsafe building or unfit for human habitation by the local building inspector, (vi) allowing any improvements on the Properties to be labeled as demolition by neglect under applicable City ordinances or zoning code).

Tagged Interests: Homebuilder, grant, ordinance, market, taxes, Taxes, zoning, events, property, demolition, commercial, ad valorem, property tax, building codes, and housing

III.
REDUCTION AND CESSATION OF INCENTIVES.

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Tagged Interests: incentive

A.
If Company is not current on all taxes, fees, assessments or other amounts owed to the City or County by Company related to the Project at the time a Grant payment is to be paid, the City and County may set off from any Grant any amount(s) so owed by Company to City or County.

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Tagged Interests: impact fee, grant, taxes, and Taxes

B.
The Investment in the Project by Company must be made by the Investment Date. If, for

any reason, Company fails to invest at least Seven Million Nine Hundred Thousand Dollars ( 7,900,000.00), or any part thereof by the Investment Date, the City and County will have no further responsibility to pay the Grant. C. The City and County are not required to make any Grant payments to Company at any time after any public announcement by Company of its plan to cease operations at the Project. D. The City and County are not required to make any Grant payments to Company at any time after Company or any of its affiliates owning the Project file bankruptcy. Any obligation of the City and County to participate in any further grants associated with the Project shall be terminated.

Tagged Interests: grant and investment

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E. The provisions of this Section III shall survive the termination of this Agreement.

IV.
INDEMNIFICATION AND LIMITATIONS. Company will indemnify and hold harmless

the City and County, and their officers and employees (the Indemnified Parties ), for damages imposed upon them by a court of final determination based on any claims of third parties arising out of any act or omission of the Company in the performance required of it by this Agreement, provided, however, that such indemnification (i) is not contrary to law and (ii) shall not apply to third party claims arising out of or relating to a negligent act or omission of the City or County. The City and County agree that none of the foregoing shall be construed to release the City or County from the obligations it has undertaken elsewhere in this Agreement, in connection with the Grant or otherwise. Except as otherwise set forth herein, each Indemnified Party and the Company agrees to pay its own costs incurred in connection herewith, including all costs incurred in connection with the preparation of this Agreement.

Tagged Interests: grant, legal, performance, and court

V.
DISCLAIMER OF WARRANTIES. Company acknowledges that the City and County have

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Tagged Interests: public safety

not designed the Project, that the City and County have not supplied any plans or specifications with respect thereto and that the City and County: (a) are not a manufacturer of, or dealer in, any of the component parts of the Project or similar facilities, (b) have not made any recommendation, given any advice nor taken any other action with respect to (i) the choice of any supplier, vendor or designer of, or any other contractor with respect to, the Project or any component part thereof or any property or rights relating thereto, or (ii) any action taken or to be taken with respect to the Project or any component part thereof or any property or rights relating thereto at any stage of the construction thereof, and (c) have not made any warranty or other representation, express or implied, that the Project or any component part thereof or any property or rights relating thereto (i) will not result in or cause injury or damage to persons or property, (ii) has been or will be properly designed, or will accomplish the results which Company intends therefore, or (iii) is safe in any manner or respect.

Tagged Interests: contractor, construction, and property

The City and County make no express or implied warranty or representation of any kind whatsoever with respect to the Project or any component part thereof, including but not limited to any warranty or representation with respect to the merchantability or the fitness or suitability thereof for any particular purpose, and further including the design or condition thereof, the safety, workmanship, quality, or capacity thereof; compliance thereof with the requirements of any law, rule, specification or contract pertaining thereto; any latent defect; the Project s ability to perform any function; or any other characteristic of the Project; it being agreed that as between the City/County and Company, Company is to bear all risks relating to the Project, the completion thereof or the transactions contemplated hereby and Company hereby waives the benefits of any and all implied warranties and representation of the City and County.

The provision of this Section V shall survive the Agreement s termination.
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VI. TERMINATION OF AGREEMENT. This Agreement shall terminate after the City and County have made the last of the Grant payments required by this Agreement. After such termination, this Agreement will be null and void, and the parties to this Agreement will have no further obligations hereunder or pursuant to this Agreement from one to the other thereafter, except as specifically noted in this Agreement and in Section III, E.

Tagged Interests: grant

VII.
ASSIGNMENTS. The Company shall not assign this Agreement or any portion thereof

without the written consent of the City and County, nor shall the Company assign any funds due or to become due to it hereunder without the prior written consent of the City and County; provided, however, the Company shall be permitted to assign this Agreement or any portion thereof, or any funds due or to become due to it hereunder, to any direct or indirect wholly- owned subsidiary or other related party of the Company or to any company that is the successor by merger, asset purchase or otherwise to all or substantially all of its business (and any such party shall assume all obligations of the Company under this Agreement). However, in the event of such assignment, the Company will still remain ultimately responsible and liable for the performance of the Company s obligations hereunder.

Tagged Interests: funding, business, events, performance, and purchasing

VIII.
REPRESENTATIONS.

The Company represents as of the date of this Agreement as follows:

A.
The Company (i) is a North Carolina limited liability company duly formed and validly existing under the laws of the State of North Carolina; (ii) is duly qualified to transact business and exists in North Carolina; (iii) is not in violation of any provision of its organizational documents; (iv) has full limited liability company power to own its properties and conduct its business; (v) has full power and authority to enter into this Agreement and to enter into and carry out the transactions contemplated by this Agreement; (vi) by proper action has duly authorized the execution and delivery of this Agreement; and (vii) is not in default under any provision of this Agreement.

Tagged Interests: business

B.
The Company s execution and delivery of this Agreement neither conflicts with, nor will

result in, a breach or default under its organizational documents; nor, to the best of its knowledge, will its execution and delivery conflict with, or result in, a breach or default under the terms, conditions, or provisions of any statute, order, rule, regulation, agreement, or instrument to which the Company is a party or by which it is bound; nor will its execution and delivery result in the imposition of any lien on its property.
Tagged Interests: regulation and property

C.
The Company has duly authorized, executed, and delivered this Agreement, and this

Agreement constitutes its legal, valid, and binding obligations, enforceable in accordance with its terms.
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D.
To the Company s knowledge, there is no litigation or proceeding pending or, to its

knowledge, threatened against the Company, which would adversely affect the validity of this Agreement. The City represents as of the date of this Agreement as follows:
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A. At the time of execution of this Agreement, the City (i) has full power and authority to

enter into this Agreement and to enter into and carry out the transactions contemplated by this Agreement; (ii) by proper action has duly authorized the execution and delivery of this Agreement; and (iii) is not in default under any provisions of this Agreement.

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B.
The City has duly authorized, executed, and delivered this Agreement, and this

Agreement constitutes the City s legal, valid, and binding obligation, enforceable in accordance with its terms.

Tagged Interests: legal

C.
To the City s knowledge, there is no litigation or proceeding pending or threatened

against the City or affecting it which would adversely affect the validity of this Agreement.
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D.
To the best of the City s knowledge at the time of execution of this Agreement, the City

is not in default under any provision of State law which would affect its existence or its powers.

E.
To the best of the City s knowledge at the time of execution of this Agreement, no officer

or official of the City has any interest (financial, employment, or other) in the Company or the transactions contemplated by this Agreement. NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED OR INTERPRETED AS CREATING A PLEDGE OF THE FAITH AND CREDIT OF THE CITY. NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED OR INTERPRETED AS DELEGATING GOVERNMENTAL POWERS NOR AS A DONATION OR A LENDING OF THE CREDIT OF THE CITY WITHIN THE MEANING OF THE STATE CONSTITUTION. THIS AGREEMENT SHALL NOT DIRECTLY OR INDIRECTLY OR CONTINGENTLY OBLIGATE THE CITY TO MAKE ANY PAYMENTS BEYOND THOSE APPROPRIATED IN THE SOLE DISCRETION OF THE CITY FOR ANY FISCAL YEAR IN WHICH THIS AGREEMENT SHALL BE IN EFFECT. NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED TO PLEDGE OR TO CREATE A LIEN ON ANY CLASS OR SOURCE OF THE CITY S MONEYS, NOR SHALL ANY PROVISION OF THE AGREEMENT RESTRICT TO ANY EXTENT PROHIBITED BY LAW, ANY ACTION OR RIGHT OF ACTION ON THE PART OF ANY FUTURE CITY GOVERNING BODY. TO THE EXTENT OF ANY CONFLICT BETWEEN THIS PARAGRAPH AND ANY OTHER PROVISION OF THIS AGREEMENT, THIS PARAGRAPH TAKES PRIORITY. The County represents as of the date of this Agreement as follows:
Tagged Interests: finance, donation, Donation, and employment

A.
At the time of execution of this Agreement, the County (i) has full power and authority

to enter into this Agreement and to enter into and carry out the transactions contemplated by this Agreement; (ii) by proper action has duly authorized the execution and delivery of this Agreement; and (iii) is not in default under any provisions of this Agreement.

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B. The County has duly authorized, executed, and delivered this Agreement, and this

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Agreement constitutes the County s legal, valid, and binding obligation, enforceable in accordance with its terms.

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C.
To the County s knowledge, there is no litigation or proceeding pending or threatened

against the County or affecting it which would adversely affect the validity of this Agreement.
Tagged Interests: legal

D.
To the best of the County s knowledge at the time of execution of this Agreement, the

County is not in default under any provision of State law which would affect its existence or its powers.

E.
To the best of the County s knowledge at the time of execution of this Agreement, no

officer or official of the County has any interest (financial, employment, or other) in the Company or the transactions contemplated by this Agreement. NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED OR INTERPRETED AS CREATING A PLEDGE OF THE FAITH AND CREDIT OF THE COUNTY. NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED OR INTERPRETED AS DELEGATING GOVERNMENTAL POWERS NOR AS A DONATION OR A LENDING OF THE CREDIT OF THE COUNTY WITHIN THE MEANING OF THE STATE CONSTITUTION. THIS AGREEMENT SHALL NOT DIRECTLY OR INDIRECTLY OR CONTINGENTLY OBLIGATE THE COUNTY TO MAKE ANY PAYMENTS BEYOND THOSE APPROPRIATED IN THE SOLE DISCRETION OF THE COUNTY FOR ANY FISCAL YEAR IN WHICH THIS AGREEMENT SHALL BE IN EFFECT. NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED TO PLEDGE OR TO CREATE A LIEN ON ANY CLASS OR SOURCE OF THE COUNTY S MONEYS, NOR SHALL ANY PROVISION OF THE AGREEMENT RESTRICT TO ANY EXTENT PROHIBITED BY LAW, ANY ACTION OR RIGHT OF ACTION ON THE PART OF ANY FUTURE COUNTY GOVERNING BODY. TO THE EXTENT OF ANY CONFLICT BETWEEN THIS PARAGRAPH AND ANY OTHER PROVISION OF THIS AGREEMENT, THIS PARAGRAPH TAKES PRIORITY.
Tagged Interests: finance, donation, Donation, and employment

IX.
ROOFTOP USE AND ACCESS. Company shall allow City and/or City s designee use of the

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rooftop of the property located at 139 W. Walnut Street (Wayne National Building) (the Wayne National Building Property ) for the purpose of placement by City and/or City s designee of an antenna(s) and related equipment for future use by City and/or City s designee. Said antenna and/or equipment shall be used for any purpose deemed appropriate by City and consented to by Company, such consent to not be unreasonably withheld; provided however, in no event shall said antenna and/or equipment interfere with Company s interest in or use of the Wayne National Building Property or the preexisting interest in or use of the Wayne National Building Property by other parties. Failure by Company to respond to City within thirty (30) days of City s reasonable request for placement of an antenna(s) and related equipment on said rooftop shall constitute a waiver of City s requirement to obtain such

Tagged Interests: Homebuilder, equipment, streets, events, and property

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consent. Prior to installation, City shall provide specifications of all equipment to Company. In addition to rooftop access for installation of the antenna and supplemental equipment, Company agrees to allow City and/or City s designee reasonable access for routine maintenance of all equipment and for the replacement of said antenna and/or equipment. City and/or City s designee shall have said rooftop use and access for a period of twenty (20) years from the date Company, its affiliates and/or subsidiaries obtain ownership of the Wayne National Building Property. City and Company agree to engage in good faith negotiations for an extension, at City s request, upon the termination of the initial twenty (20) year term. In the event Company, its affiliates and/or subsidiaries sell the Wayne National Building Property during the initial twenty (20) year term, Company, its affiliates and/or subsidiaries shall convey to City an easement for rooftop access as described hereinabove, for the remainder of said initial term, to be recorded in the office of the Wayne County Register of Deeds.

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Tagged Interests: Homebuilder, equipment, events, property, and easement

X.
MISCELLANEOUS

A. DEFINITIONS. All terms with initial capitals used in this Agreement and not otherwise defined will have the meanings ascribed to those terms in the Webster s Third New International Dictionary.

B.
GOVERNING LAW. The parties intend that the law of the State of North Carolina will

govern this Agreement.

C.
NOTICES.

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1.
Any communication required or permitted by this Agreement must be in writing except as expressly provided otherwise in this Agreement.

2. Any communication under this Agreement shall be sufficiently given and deemed

Tagged Interests: communications and Communications

given when delivered by hand or after being deposited in the mails by first-class certified mail, postage prepaid, and addressed as follows:

If to Company: Patrick Reilly Rehab Development Inc.
Tagged Interests: development and Development

8601 Six Forks Road, Suite 250 Raleigh, NC 27615

With Copy to:
Tagged Interests: streets

Jeff Blum Level 2 Development

Tagged Interests: development and Development

1875 Connecticut Ave. NW, 10th Floor Washington, DC 20009

And a Copy to:

Blanco Tackaberry Matamoros, P.A. Attn: Kelly M. Otis

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110 S. Stratford Road, Suite 500 Winston-Salem, NC 27104

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Tagged Interests: streets

If to the City:

City Manager City of Goldsboro PO Drawer A, 200 N. Center Street Goldsboro, NC, 27533/27530 With copy to: City Attorney City of Goldsboro PO Drawer A, 200 N. Center Street Goldsboro, NC, 27533/27530 Requests for Disbursements to: Downtown Development Office ATTENTION: Incentive Grants Payment Request
Tagged Interests: grant, legal, streets, development, downtown, Development, administrator, manager, and incentive

219 N. John Street Goldsboro, NC 27530

With a copy to: Finance Director City of Goldsboro PO Drawer A, 200 N. Center Street Goldsboro, NC 27533/27530

Tagged Interests: finance and streets

If to the County:

County Manager County of Wayne
Tagged Interests: administrator and manager

224 East Walnut Street PO Box 227

Goldsboro, NC 27530 With a copy to: County Attorney County of Wayne

Tagged Interests: legal and streets

224 East Walnut Street PO Box 227

Goldsboro, NC 27530 Requests for Grants to: Tax Administrator

Tagged Interests: grant, streets, taxes, Taxes, and administrator

Attn: Incentive Grants Payment Request 224 E Walnut Street

Goldsboro, NC 27530
Tagged Interests: grant, streets, and incentive

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Finance Director

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Tagged Interests: finance

Attn: Incentive Grants Payment Request 224 E Walnut Street

Goldsboro, NC 27530 Any addressee may designate additional or different addresses for communications by notice given under this Section to each other.
Tagged Interests: grant, streets, communications, Communications, and incentive

D.
NON-BUSINESS DAYS. If the date for making any payment or performing any act or

exercising any right is not a Business Day, such payment must be made or act performed or right exercised on or before the next Business Day. E. ENTIRE AGREEMENT, AMENDMENTS. This Agreement constitutes the entire

Tagged Interests: business

contract between the parties. This Agreement may not be changed except in writing signed by all parties.

Tagged Interests: contract

F.
BINDING EFFECT. This Agreement is binding upon, inures to the benefit of and is

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enforceable by the parties and their respective successors and assigns. There are no other agreements or other conditions precedent to the binding nature of the respective obligations of the City and County under Sections I and II, other than the performance by Company of its obligations under this Agreement.

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Tagged Interests: performance

G.
TIME. Time is of the essence in this Agreement and each and all of its provisions.

H.
LIABILITY OF OFFICERS AGENTS. No officer, agent, or employee of the City,

County or Company shall be subject to any personal liability or accountability by reason of the execution of this Agreement or any other documents related to the transactions contemplated hereby. Such officers, agents, or employees shall be deemed to execute such documents in their official capacities only, and not in their individual capacities. This Section shall not relieve any such officer, agent, or employee from the performance of any official duty provided by law.

Tagged Interests: performance and accountability

I.
COUNTERPARTS. This Agreement may be executed in several counterparts, including

separate counterparts. Each shall be an original, but all of them together constitute the same instrument.

J.
PROVIDE W-9 TO CITY COUNTY. Company shall provide a completed W-9 form

to the City and County upon execution of this Agreement.

K.
DISSOLUTION OF COMPANY. If the Company s legal entity is dissolved or

suspended and the Company does not notify the City and County of such dissolution in ten calendar days and/or the entity status is not reinstated in thirty business days, this Agreement, at the sole option of the City and County, may be declared null and void or the Company shall execute a new Agreement, satisfactory to the City and County, showing the Company s correct legal entity.

Tagged Interests: business and legal

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L. NOTICE OF POTENTIAL DISCLOSURE OF CONFIDENTIAL COMPANY

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INFORMATION. The Company acknowledges that it has been informed by the City and County that the City and County are required by North Carolina law to disclose Public Records as the term is defined by North Carolina General Statutes 132-1, upon request. All information disclosed to the City and County by the Company which is subject to that definition and whose disclosure is not otherwise protected by law will be released by the City and County upon request as provided by North Carolina General Statutes 132-6. The City or County may withhold from disclosure confidential records as defined by North Carolina General Statutes 132-1.2. The Company acknowledges that it has read and is familiar with the City and County obligations of public disclosure of documents and the definitions of confidential documents as contained in Chapter 132 of the North Carolina General Statutes. In order to prevent the disclosure of the confidentiality of information identified by the Company as a trade secret or as confidential pursuant to North Carolina General Statute 132.1.2 the City and County shall, if they receive a request for disclosure of such information, notify the Company of such request so that the Company may defend any claims or disputes arising from efforts of others to cause such trade secrets to be disclosed as a public record. The Company acknowledges that this disclosure of the City and County public records requirements is given pursuant to North Carolina General Statutes 132-1.8(b) and agrees that such disclosure is full and sufficient to the satisfaction of the Company. All parties agree that this Section will survive the termination of the Agreement.

Tagged Interests: trade and public records

M.
FORCE MAJEUR. Any delay in the performance of any of the duties or obligations of

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Tagged Interests: performance

either party hereunder (the Delayed Party ) shall not be considered a breach of this Agreement and the time required for performance shall be extended for a period equal to the period of such delay, provided that such delay has been caused by or is the result of any acts of God; acts of the public enemy; insurrections; riots; embargoes; labor disputes, including strikes, lockouts, job actions, or boycotts; shortages of materials or energy; fires; explosions; floods; or other unforeseeable causes beyond the control and without the fault or negligence of the Delayed Party. The Delayed Party shall give prompt notice to the other parties of such cause, and shall take whatever reasonable steps are necessary to relieve the effect of such cause as promptly as possible. No such event shall excuse the payment of any sums due and payable hereunder on the due date thereof except any payment due upon the occurrence of any act or event for which delayed performance is excused as provided above.

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Tagged Interests: materials, events, performance, flooding, trade, and energy

N.
SEVERABILITY. If any court of competent jurisdiction holds any provision of this

Agreement invalid or unenforceable, then (a) such holding shall not invalidate or render unenforceable any other provision of this Agreement, unless such provision is contingent on the invalidated provision; and (b) the remaining terms hereof shall, in such event, constitute the parties entire agreement.

Tagged Interests: legal, events, and court

O.
AUDIT RIGHT. The City and County reserve the right to require a certified audit at

either s expense or may perform the audit through the use of its staff pertaining to the

Tagged Interests: audit

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Company s compliance with the capital investment condition described in this Agreement during normal business hours and upon reasonable prior notice.

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Tagged Interests: investment and compliance

P.
EFFECTIVE DATE OF THIS AGREEMENT. The effective date of this Agreement

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shall be the date that the agreement is executed by all signatories.

Q.
This Agreement is intended by the Parties and does hereby replace any agreements

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previously entered into by the parties on this development project, specifically the previous agreement dated Febraury 15, 2019.

[Signature Follow on the Following Pages]

Tagged Interests: development and Development