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1. Call to Order
2. Recognition of Sergeant at Arms - TBD
3. Invocation Invocation by Council Member Robotti.
4. Pledge of Allegiance
5. Adoption of Regular Agenda Call for any conflicts of interest in relation to theproposed agenda.
6. Consent Agenda
6.a Approval of September 14, 2021 Town Council Meeting MinutesEric Smith, Town ClerkAction - October 26
20210914M.pdf
6.b Approval of September 28, 2021 Town Council Meeting MinutesEric Smith, Town ClerkAction - October 26
20210928M.pdf
6.c Resolution and CPOA for the Purchase of Real Property at 114 Scoggins AvenueBrandon Zuidema, Assistant Town ManagerAction - October 26
2021-435-0_BS_114_Scoggins_Avenue.pdf 2021-435-0_RES_Purchase_114_Scoggins_Avenue.pdf 2021-435-0_CPOA_Town_Center_Fund_114_Scoggins.pdf 2021-435-0_ATTH 01 Purchase_Agreement_114 Scoggins Ave.pdf 2021-435-0_ATTH 02 Purchase_Supplement_114 Scoggins Ave.pdf
Morrisville Town CouncilRegular MeetingOctober 26, 2021, 6:00 PM
Town of Morrisville Mission Statement: Connecting our diverse community to an enhancedquality of life through innovative programs and services.
7. Items Pulled from Consent (if any)
8. Presentations
8.a Proclamation Recognizing October as National Domestic Violence AwarenessMonth
National Domestic Violence Awareness Month.pdf
8.b Presentation of Marvin Collins Award for a Comprehensive PlanBynum Walter, APA-NC Awards Committee Co-Chair
8.c Mobile Application PresentationRick Ralph, CIO
2021-426-0 IT Briefing_Supplement_Mobile_Application_Presentation.pdf 2021-426-0 IT Mobile_Application_Presentation.pdf
8.d Audit Presentation/FY 2021 Annual Comprehensive Financial ReportNancy Emslie, Finance DirectorMark Stephens, ControllerApril Adams, Partner, Cherry Bekaert LLCOctober 26, 2021
2021-353-0 BS Audit Presentation-FY2021 Annual Comprehensive FinancialReport.pdf
8.e Quarterly Economic Development ReportLinda Frenette, Morrisville Chamber of Commerce President
MCOC Quarterly Report 2021Q3.pdf
8.f 2020 Census Results Summary and Current Population EstimateDanielle Kittredge, Senior Planner
2021-436-0 Briefing Supplement_Census Results.pdf 2021-436-0 ATTH01_2020_Census_Results_Update.pdf 2021-436-0 ATTH02_Population_Estimate_Sept2021.pdf
9. Administrative Reports
9.a Pop Up Dog Park Bryan Rhea, Athletics Supervisor
2021-433-0 BS PUDP Admin Report.pdf 2021-433-0_Pop_Up_Dog_Park Admin_Report .pdf
10. Public Address
11. New Items
11.a Proposed Cricket Agreement with American Cricket Enterprises (ACE)Brandon Zuidema, Assistant Town ManagerBrief - October 26, 2021Action - November 9, 2021
2021-434-0_BS_Cricket_Agreement.pdf 2021-434-0_RES_Approving_ACE_Cricket_Agreement.pdf 2021-434-0 CPO Establishing Church Street Park Expansion Capital Project
Fund.pdf 2021-434-0_ATTH-01_Cricket_Agreement_Summary.pdf
12. Future Meetings, Events and Citizen Involvement Opportunities For a full listing ofevents, please see the Town Calendar at www.townofmorrisville.org.
13. Council and Manager Comments
14. Work Sessions
14.a Morrisville - Cary Border AlignmentCaleb Allred, Transportation Planner I
2021-376-0 Morrisville Border Alignment Project Supplement.pdf 2021-423-0 Morrisville Border Alignment Presentation.pdf
15. Adjournment Thank you for attending this meeting of the Morrisville Town Council. Wehope you plan to join us again! Please feel free to email your Town Council members [email protected], or visit www.TownofMorrisville.org/Council foradditional contact information.
Town Council Agenda Item Report
Agenda Item No. 6.aSubmitted by: Eric SmithSubmitting Department Administration Meeting Date: October 26, 2021
SUBJECTApproval of September 14, 2021 Town Council Meeting MinutesEric Smith, Town ClerkAction - October 26
Recommendation:N/A
Updates/History of Briefing:N/A
Executive Summary and Background Information:N/A
Advisory Board/Committee Review:None
Insert Date of Advisory Board/Committee Review:
Advisory Board/Committee Recommendation and/or Vote:None
Potential Options:N/A
Staff Recommendation:N/A ATTACHMENTS• 20210914M.pdf
Town Council September 14, 2021 Meeting Minutes Page 1 of 6
Morrisville Town Council Regular Meeting September 14, 2021, 6:00 p.m.
NOTE: Minutes are summaries only, reflecting Council action and main points of discussion. For the full meeting audio and/or video, please click here. For the meeting agenda, presentations and other related agenda materials, click here.
1. Call to order
Mayor Cawley called the meeting to order at 6:00 p.m. Video transmission was available to members of the public through the Town of Morrisville website. Also present were Mayor Pro Tem Johnson and Council Members Fender, Garimella, Rao, Robotti, Scroggins-Johnson and Town Attorney Frank Gray, and Attorney Lori Jones.
Staff present in Town Council Chambers included: Martha Paige, Town Manager Mark Spanioli, Director of Engineering
Brandon Zuidema, Assistant Town Manager Erin Hudson, Strategic Performance Manager
Lauri Shedlick, HR Director Jerry Allen, Community Services Supervisor
Michele Stegall, Planning Director Chris Lawson, Planning Manager
Nancy Emslie, Finance Director Michael James, Fiscal Recovery Officer
Randy Little, Parks and Recreation Director Eric Smith, Town Clerk
Scott Criddle, Fire Chief
2. Recognition of Sergeant at Arms – Sgt. Chad Penland 3. Invocation
Council Member Robotti gave the Invocation. 4. Pledge of Allegiance
Mayor Cawley led the Pledge of Allegiance. 5. Adoption of Regular Agenda
MOTION: Council Member Rao made a motion to adopt the regular agenda. The motion was seconded by Council Member Fender and carried unanimously.
6. Consent Agenda
6.a Capital Project Ordinance Amendment Shiloh Sewer Fund Jeanne Hooks, Director of Management Services
6.b Capital Project Ordinance Establishing a Land Acquisition Fund Jeanne Hooks, Director of Management Services
6.c Resolution Authorizing the Seventh Amendment to the Town Manager's Employment Agreement Frank Gray, Town Attorney
Town Council September 14, 2021 Meeting Minutes Page 2 of 6
6.d Resolution Supporting the Approval of the MOU between the State of NC and Local Governments on Proceeds Relating to the Settlement of Opioid Litigation Martha Paige, Town Manager
MOTION: Council Member Robotti made a motion to adopt the consent agenda. The motion was seconded by Council Member Scroggins-Johnson and carried unanimously.
7. Items Pulled from Consent (if any)
None 8. Administrative Reports
8.a Intersection Improvement Study Report Mark Spanioli, Director of Engineering
Mayor Cawley asked that Mr. Spanioli discuss the improvement projects and provide a prioritization matrix prior to budget discussion. Mr. Spanioli discussed the implementation and timeline for projects and noted that a matrix would be provided to Council. Council Member Scroggins-Johnson stated costs could change after the bond referendum and that prioritization could change based upon overall traffic patterns. Mayor Pro Tem Johnson asked how the information regarding the intersection projects and potential road changes would be shared with the public. Mr. Spanioli noted that the study included public participation and that the report would be published on the Town website. He added that further public input would be received prior to moving forward with projects. Council Member Garimella asked how bond funds would be allocated to projects. Town Manager Paige explained how resources would be allotted based on Council prioritization. He also asked about orphaned road sections and how those could be handled. Council Member Fender asked about the prioritization criteria. Mr. Spanioli explained the method used to make intersection improvement recommendations, noting that priority need was based on current vehicle volume conditions during peak hours and future need was based on forecasted level of service for year 2041 conditions. He stated that priority was given to road when the intersection is already at a failing level of service. Council Member Fender asked that safety be considered in the staff prioritization review. Council Member Robotti suggested that the final public report include context regarding how recommendations were determined. Council Member Rao asked if vehicle crash data would be added to the open data portal. Mr. Spanioli replied that some data was available through the NCDOT portal but could be added to the Town’s portal.
8.b Fire Department Gap Report 2020 Scott Criddle, Fire Chief
9. Presentations
9.a Proclamation Recognizing National Preparedness Month
Town Council September 14, 2021 Meeting Minutes Page 3 of 6
Mayor Cawley read the Proclamation recognizing National Preparedness Month and presented the proclamation to members of the Community Emergency Response Team (CERT) team in attendance.
10. Public Address
Eric Smith, Town Clerk, stated that there were no email comments received for Public Address. Jim Simmons (100-M Golden Horseshoe Circle, Morrisville) stated that he recently moved to the Town of Morrisville from the Mojave Desert in California. He noted that Morrisville appeared to be very well planned and his family was pleased with the Town. He suggested that school crossing guards wear white gloves to increase visibility and asked that apartment complexes be mandated to have a recycling program.
11. Public Hearings
11.a. Consideration of UDO Text Amendments Related to Amending Minimum Parking Standards for Emergency Service Uses, Limitations on Submission of a Development Application Post Forestry Activity, Pedestrian Access and Circulation, and Post-Decision Action and Limitations (UDO AMEND 21-0006) Chris Lawson, Planning Manager September 14 - Brief and Public Hearing September 28 - Updates and Potential Action
Mr. Lawson presented four proposed UDO Text Amendments. Amendment 1 Allow for the submission of a development application on properties with a development moratorium due to clearing of trees, while still preventing approval of any development prior to the end of the 3- or 5-year development moratorium. Purpose - to bring the UDO into conformance with the North Carolina General Statutes. The Town cannot prevent applications but does have the authority to delay project approval for 3 or 5 years. Council Member Robotti asked if developers would seek to develop a property with a hold. Mr. Lawson further explained the hold requirements and impacts in a development plan timeline. Amendment 2 Amend the parking standards for Emergency Uses to reduce the minimum number of required spaces. Purpose - to reduce the number of required parking spaces at Fire, Police, or EMS stations. The current minimum was determined to be far more than needed. Council Member Garimella suggested that additional parking spots at the new fire station be used for other facilities at the location. Assistant Town Manager Brandon Zuidema stated that expanding the parking would be premature prior to further exploring future development on the property.
Town Council September 14, 2021 Meeting Minutes Page 4 of 6
Council Member Fender felt that future development of the remaining acreage was unknown, so it would not make sense to do additional site work/grading in advance. Council Member Scroggins-Johnson stated that the training room at Fire Station One was sometimes used as a community space for volunteer organizations so she would prefer 22 spaces as a minimum if there is community space at the new fire station Amendment 3 Amend the length of time for appeal of a final decision made by Town Council or the PZB. Purpose - to bring the UDO into conformance with the North Carolina General Statutes. Amendment 4 Require new residential dwelling units to construct sidewalks only if they are located on streets identified in the Sidewalk Development Policy and Project Prioritization List. Purpose – eliminate the requirement for new homes, built in older subdivisions to build orphaned sidewalk sections. Mayor Cawley stated that he was not in favor of this amendment as he would prefer the sidewalks to be developed. Council Member Fender asked if this amendment would apply to a new subdivision. Mr. Lawson stated that this amendment would not apply to new subdivisions. Council Member Fender asked that the wording be clarified. Council Member Robotti asked for further information regarding resident comments related to the item. Mr. Lawson discussed the comments received from residents regarding the burden of developing sidewalks. Council Member Robotti clarified that this amendment applied to new homes, in older neighborhoods where sidewalks did not currently exist. Mayor Pro Tem Johnson explained that the development of an orphaned sidewalk in a neighborhood would not make sense. She asked if a payment in lieu option would be available in this scenario. Mr. Lawson stated that a payment in lieu was an option. Mr. Lawson listed the few areas where this amendment would apply. Mayor Cawley added that redevelopment would be coming soon, and he would prefer orphaned segments, rather than no segments at all. Council Member Scroggins-Johnson stated that homes in certain areas did not have curb and gutter, which could lead to difficulty in installing sidewalks. She noted that when some roads were brought up to standard, the sidewalk would have to be removed to install curb and gutter. Council Member Robotti noted that she did not believe it was fair to make a homeowner provide payment in lieu. Mr. Lawson stated that staff recommended approval of the proposed amendments.
Mayor Cawley opened the public hearing.
Town Council September 14, 2021 Meeting Minutes Page 5 of 6
Town Clerk Smith stated that no comments were received for this item. Council Consensus was to leave the public hearing open for a period of two weeks.
12. New Items
12.b. Memorandum of Understanding (MOU) with Singh Development, LLC for the Town Center Core Demonstration Project Brandon Zuidema, Assistant Town Manager Eric Thomas, DFI Consultant Brief - September 14 Action - September 28
Mr. Zuidema introduced the Singh Development project team and Eric Thomas, DFI Consultant. Mr. Zuidema presented a draft MOU, stating that the document was created by Singh Development with guidance from DFI. He added that the document was reviewed by Singh Development, Town staff, and the Town Attorney. Mayor Pro Tem Johnson asked if the timeframes within the document were typical (180 days to finalize a development plan and a 90-day review period). Mr. Zuidema stated that the timeframes were typical and explained what would be accomplished within the timeframes. Mayor Cawley asked that Mr. Zuidema present some of the highlights within the MOU. Mr. Zuidema reviewed the purpose of each MOU section. Council Member Robotti asked that Mr. Zuidema further explain Section 12. Assignability. Mr. Zuidema explained that this section would allow Singh Development to pass the project through succession of family but would not be allowed to assign to another development group. Mayor Pro Tem Johnson discussed the visuals provided within the item. Mr. Zuidema stated that all the images and renderings were available for public viewing on the Town website. Mr. Zuidema introduced Avi Grewal, Singh Development. Mr. Grewal stated that it had been a pleasure working with Council and Staff, noting that Singh Development was ready to get to work. Council Member Rao asked for information regarding the process following MOU execution. Mr. Zuidema stated that any inquiries and/or expressions of interests received should be shared with staff, then staff would forward to Singh Development. Council Member Scroggins-Johnson voiced her excitement for the project and noted that the Town Green area would give current residents something to look forward to. Mr. Zuidema encouraged Council to review the project and anticipate action regarding the MOU on September 28.
13. Future Meetings, Events and Citizen Involvement Opportunities
Mayor Cawley announced future events. 14. Council and Manager Comments
Town Council September 14, 2021 Meeting Minutes Page 6 of 6
Council congratulated Town Manager Paige on her 8th Anniversary with the Town and thanked the Fire Department for hosting an event honoring 9/11.
Council Member Rao discussed the youth programs in Morrisville. He thanked small business owners in the Town and discussed two upcoming events for small businesses. Mayor Pro Tem Johnson congratulated the Fire Department on their reaccreditation process. She welcomed Trader Joe’s to the Town and discussed World Cleanup Day that would be taking place on September 18. Council Member Garimella noted that the Principal at Parkside Elementary was selected as a finalist for Principal of the Year. Council Member Scroggins-Johnson discussed the growth within Morrisville during the tenure of Town Manager Paige. She also discussed the Morrisville Cardinals Cricket Team and their representation of the Town and community. Mayor Cawley thanked the Fire Department, CERT and the Junior Hurricanes for their efforts honoring 9/11. He thanked the Morrisville Chamber of Commerce for hosting Coffee and Connections. He congratulated Jaskaran Malhotra, of the Morrisville Cardinals, for representing the U.S. on the national Cricket team.
15. Closed Session
15.a. Closed Session Pursuant to N.C.G.S. 143-318.11 (a)(3) to discuss a
matter of Attorney-Client privilege.
15.b. Closed Session Pursuant to N.C.G.S. 143-318.11 (a)(6) to discuss a
personnel matter.
MOTION: Council Member Rao made a motion to enter Closed Session Pursuant to N.C.G.S. 143-318.11 (a)(3) and N.C.G.S. 143-318.11(a)(6) to discuss a matter of Attorney-Client privilege and a personnel matter. The motion was seconded by Mayor Pro Tem Johnson and carried unanimously. Recess: 7:35 pm Reconvene: 7:46 pm
Council entered Closed Session at 7:46 p.m.
MOTION: Council Member Robotti made a motion to end Closed Session and resume Open Session. The motion was seconded by Council Member Scroggins-Johnson and carried unanimously. Council resumed Open Session at 10:57 p.m.
16. Adjournment
MOTION: Council Member Robotti made a motion to adjourn. The motion was seconded by Council Member Scroggins-Johnson and carried unanimously. Mayor Cawley adjourned the meeting at 10:58 p.m.
Town Council Agenda Item Report
Agenda Item No. 6.bSubmitted by: Eric SmithSubmitting Department Administration Meeting Date: October 26, 2021
SUBJECTApproval of September 28, 2021 Town Council Meeting MinutesEric Smith, Town ClerkAction - October 26
Recommendation:N/A
Updates/History of Briefing:N/A
Executive Summary and Background Information:N/A
Advisory Board/Committee Review:None
Insert Date of Advisory Board/Committee Review:
Advisory Board/Committee Recommendation and/or Vote:None
Potential Options:N/A
Staff Recommendation:N/A ATTACHMENTS• 20210928M.pdf
Town Council September 28, 2021 Meeting Minutes Page 1 of 6
Morrisville Town Council Regular Meeting September 28, 2021, 6:00 p.m.
NOTE: Minutes are summaries only, reflecting Council action and main points of discussion. For the full meeting audio and/or video, please click here. For the meeting agenda, presentations, and other related agenda materials, click here.
1. Call to order
Mayor Cawley called the meeting to order at 6:00 p.m. Video transmission was available to members of the public through the Town of Morrisville website. Also present were Mayor Pro Tem Johnson and Council Members Fender, Garimella, Rao, Robotti and Town Attorney
Frank Gray. Attorney Lori Jones was also present.
Council Member Scroggins-Johnson was absent. Staff present in Town Council Chambers included: Martha Paige, Town Manager Erin Hudson, Strategic Performance Manager
Brandon Zuidema, Assistant Town Manager Chris Lawson, Planning Manager
Lauri Shedlick, HR Director Ben Mills, P.E., Stormwater Engineering Manager
Michele Stegall, Planning Director Michael James, Fiscal Recovery Officer
Nancy Emslie, Finance Director Eric Smith, Town Clerk
Mark Spanioli, Director of Engineering Caleb Allred, Planner I
2. Recognition of Sergeant at Arms – Master Officer Lori Strickland 3. Invocation
Council Member Rao gave the Invocation.
4. Pledge of Allegiance
Mayor Cawley led the Pledge of Allegiance. 5. Adoption of Regular Agenda
MOTION: Council Member Rao made a motion to adopt the regular agenda. The motion was seconded by Mayor Pro Tem Johnson and carried unanimously (6-0).
6. Consent Agenda
6.a Approval of August 10, 2021 Town Council Meeting Minutes Eric Smith, Town Clerk
6.b Approval of August 17, 2021 Town Council Work Session Meeting Minutes Eric Smith, Town Clerk
6.c Approval of August 24, 2021 Town Council Meeting Minutes Eric Smith, Town Clerk
Town Council September 28, 2021 Meeting Minutes Page 2 of 6
6.d Adopt Extension of COVID-19 Emergency Sick Leave Lauri Shedlick, HR Director
6.e Resolution 2021-390-0 Surplus 2009 Pumper Truck Nancy Emslie, Finance Director
6.f Town Center Capital Project Ordinance Amendment Jeanne Hooks, Director of Management Services
MOTION: Mayor Pro Tem Johnson made a motion to adopt the consent agenda. The motion was seconded by Council Member Fender and carried unanimously. (6-0).
7. Items Pulled from Consent (if any) None
8. Administrative Reports
8.a Quarterly Capital Projects Update Mark Spanioli, P.E., Director of Engineering
Council Member Fender asked for the map locations of the 10 areas of concern listed within the update. Mr. Spanioli stated that map locations could be provided.
8.b Stormwater Master Plan and Program Evaluation Report Mark Spanioli, P.E., Director of Engineering Ben Mills, P.E., Stormwater Engineering Manager
8.c Fall Advisory Committee Recruitment Eric Smith, Town Clerk
9. Presentations
9.a Morrisville Smart Shuttle Project Update Caleb Allred, Planner I
Mr. Allred presented Smart Shuttle highlights to Council, including information regarding the node locations and service times. He presented a smart shuttle node map and discussed the app-based process to ride the smart shuttle. Mr. Allred informed council that upon shuttle launch, staff would begin monitoring and reporting the data received and reevaluating the service. He added that staff had identified one new location for future node development, based on resident and partner feedback. Council Member Robotti asked for information regarding the informational materials available to assist residents in using the app. Mr. Allred reviewed the information materials and the outreach completed to better inform the community. He stated that a video would be developed, showing riders how to use/ride the shuttle. Council Member Robotti asked that staff develop short videos, one specifically showing how to use “book a ride” on the mobile app. Council Member Garimella asked if there were age limits for riders. Mr. Allred stated that the shuttle would follow GoCary guidance, with a minimum rider age of 13 for individual riders. He noted that riders under 13 years of age would need to be accompanied by someone 16 years of age or older. Council Member Garimella asked for clarification of ride time estimates, noting that riders could become frustrated if the time increased after boarding the
Town Council September 28, 2021 Meeting Minutes Page 3 of 6
shuttle. Mr. Allred explained how time estimates were calculated and noted that first time riders should allow for additional travel time. Mr. Allred stated that in the event of increased ridership, the service would be reevaluated to ensure a good rider experience. Council Member Garimella asked if the shuttle had a bike rack and if service to RDU would be added. Mr. Allred stated that each shuttle would have two locations for bike storage. Staff would be compiling requests for future service locations as data and requests were made. Council Member Rao asked how residents could make recommendations regarding additional future nodes. Mr. Allred stated that residents could provide feedback via the smart shuttle email address. Mayor Pro Tem Johnson stated that the video created by staff showing the shuttle was well done. She asked if residents could board the shuttle without a reservation. Mr. Allred stated that the shuttle requires reservations, and the driver would confirm the rider’s identity when boarding the shuttle. Mayor Pro Tem Johnson asked about additional stops on Morrisville Parkway and the timeframe for future node evaluation. Mr. Allred stated that a strict timeline had not been developed, but the topic would be a priority. Council Member Fender asked if there would be a future node, closer to MAFC. Mr. Allred stated that residents mentioned MAFC as a requested location and staff would investigate future locations.
9.b Office Space Needs Study Presentation Mark Spanioli, P.E., Director of Engineering
Mr. Spanioli presented a background regarding town spaces, noting that certain Town departments were lacking in office space to accommodate basic operations. He stated that ADW Architects performed a review of space requirements/needs and made recommendations for options. Mr. Spanioli discussed the commercial spaces currently available for use (Old Fire Station #1 and the Pugh House). He presented the following general space recommendations: Fire Administration would relocate temporarily to Old Fire Station #1, Parks Administration would stay in its present location, Engineering would relocate to the space vacated by Fire Administration, and Police would expand into the space vacated by Engineering. The Pugh house could not accommodate the size of any of the employee workgroups. Mr. Spanioli discussed short, mid and long-term relocation phasing and presented the next steps as follows: Initiate Phase 1 – Minor renovations to old Fire Station #1, Allocate funds of approximately $100,000, Public Works and Engineering to engage contractors for renovation work, relocate administrative staff and develop capital project concepts for future phases. Timeframe: through Spring of 2022. Council Member Garimella asked if staff had investigated expanding current town offices, specifically increasing the police station to two stories. Town Manager Paige stated that she did not believe town buildings could be vertically developed, but staff could investigate. Council Member Robotti asked if the Town had the funds for the appropriation. Jeanne Hooks, Director of Management Services, explained how the funds could be allocated.
Town Council September 28, 2021 Meeting Minutes Page 4 of 6
Mayor Cawley stated that relocation could be a necessary interim step and asked for a timeline related to a possible action item. Mr. Spanioli stated that staff were currently seeking contractor estimates and would return with an action item. Mayor Cawley voiced his long-term preference for acquiring land, then building new offices, versus renovating existing spaces. Council Member Rao discussed a future municipal building that could house all municipal departments. Mayor Pro Tem Johnson stated that the office space needs were immediate. She reminded Council that a financial audit would be coming forward soon, and typically the Town audits were favorable. She stated her preference for all staff to be located proximally together. Council Member Robotti asked how long the space needs would be met with the short-term fund allocation. Mr. Spanioli stated that he believed these relocations would provide enough time to look towards other options.
10. Public Address Eric Smith, Town Clerk, stated that there were no email comments received for Public Address. Nichole Ricchini (Raleigh, NC) voiced her opposition to the mask mandate within the Town of Morrisville and discussed the disadvantages and risks associated with the mandate. Jim Simmons (100-M Golden Horseshoe Circle, Morrisville) stated that he could not hear the Council Members when they speak.
11. Action Items
11.a. Consideration of UDO Text Amendments Related to Amending Minimum Parking Standards for Emergency Service Uses, Limitations on Submission of a Development Application Post Forestry Activity, Pedestrian Access and Circulation, and Post-Decision Action and Limitations (UDO AMEND 21-0006) Chris Lawson, Planning Manager
Eric Smith, Town Clerk, stated that there were no email comments received for the Public Hearing. MOTION: Mayor Pro Tem Johnson made a motion to close the public hearing. The motion was seconded by Council Member Robotti and carried unanimously. (6-0) MOTION: Mayor Pro Tem Johnson made a motion to approve Ordinance 2021-334-0. The motion was seconded by Council Member Fender and carried unanimously. (6-0).
11.b. Memorandum of Understanding with Singh Development, LLC for the Town Center Core Demonstration Project Brandon Zuidema, Assistant Town Manager Eric Thomas, DFI Consultant
Mr. Zuidema presented the Town Center core proposed concept image and stated that Singh representatives were present to answer any questions.
Town Council September 28, 2021 Meeting Minutes Page 5 of 6
Council Member Rao thanked staff and Singh Development for their work towards the Town Center. MOTION: Mayor Pro Tem Johnson made a motion to approve Resolution 2021-363-0. The motion was seconded by Council Member Garimella and carried unanimously (6-0). Mr. Zuidema discussed the next steps in the process, noting that staff would meet with Singh Development bi-weekly to create a development plan. He stated that staff would provide an update in November, and again in January/February for follow up conversation and development plan presentation. Mr. Zuidema noted that a statement for public release would be developed over the next few days. Council would be given the opportunity to review the media alert prior to release
12. Future Meetings, Events and Citizen Involvement Opportunities
Mayor Cawley announced future events. 13. Council and Manager Comments
Council encouraged residents to become involved with the Morrisville Stewardship Program. Mayor Pro Tem Johnson thanked everyone that attended the recent litter sweep. She thanked staff for their live bond referendum event and asked if there would be future events. Ms. Hooks stated that there would be future live bond related events.
Mayor Cawley thanked the Police Department and Fire and Rescue for their Coffee with a Cop event.
Council Member Rao discussed complaints and questions received from residents about trash near the waste transfer station. He reminded citizens to register to vote and thanked Radio Nyra for sponsoring the East Meets West Festival. He also discussed the bright future of the Morrisville Cardinals Cricket Team. Mr. Zuidema provided an update regarding temporary disc golf. He stated that there would be additional disc golf pop ups implemented in locations across the town to further gauge community interest. Mayor Cawley asked when data regarding the previous pop-up disc golf course usage would be available. Mr. Zuidema replied that the data regarding usage would be presented at a future meeting.
14. Closed Session
14.a. Closed session concerning the acquisition of real property by
purchase, option, exchange, or lease in accordance with NCGS 143-
318.11(a)(5).
Brandon Zuidema, Assistant Town Manager
14.b. Closed Session Pursuant to N.C.G.S. 143-318.11 (a)(6) to discuss a
personnel matter.
MOTION: Council Member Rao made a motion to enter Closed Session Pursuant to N.C.G.S. 143-318.11 (a)(3) and N.C.G.S. 143-318.11(a)(6) to discuss a the acquisition of real property and a personnel matter. The motion was
Town Council September 28, 2021 Meeting Minutes Page 6 of 6
seconded by Council Member Fender and carried unanimously (6-0).
Recess: 7:11 pm Reconvene: 7:22 pm Council entered Closed Session at 7:22 p.m.
MOTION: Council Member Robotti made a motion to end Closed Session and resume Open Session. The motion was seconded by Council Member Garimella and carried unanimously. Council resumed Open Session at 8:11 p.m.
15. Adjournment
MOTION: Council Member Garimella made a motion to adjourn. The motion was seconded by Council Member Fender and carried unanimously. Mayor Cawley adjourned the meeting at 8:12 p.m.
Town Council Agenda Item Report
Agenda Item No. 6.cSubmitted by: Brandon ZuidemaSubmitting Department Administration Meeting Date: October 26, 2021
SUBJECTResolution and CPOA for the Purchase of Real Property at 114 Scoggins AvenueBrandon Zuidema, Assistant Town ManagerAction - October 26
Recommendation:Approve Resolution for Purchase Agreement and CPOA for Real Property Acquisition at 114Scoggins Avenue.
Updates/History of Briefing:Not Applicable
Executive Summary and Background Information:The Morrisville Town Council has expressed a commitment to actively acquire land in pursuitof achieving future strategic goals, including but not limited to the Town Center Plan, asoutlined in the Land Acquisition Policy adopted by Town Council in November 2020. Staff has worked with the property owner, Scoggins Avenue LLC and its representative, VictorPoole, on a purchase agreement for 114 Scoggins Avenue. Scoggins Avenue LLC hasagreed to sell an approximately .46 acre parcel (PIN #1851-27-2160) for an agreed uponpurchase price of $195,000. The property has a current tax value of $121,129. The purchaseagreement is provided as ATTH01. A purchase supplement regarding the removal of thehouse post-closing is provided as ATTH 02. The purchase agreement does not require any earnest money. The purchase agreementprovides for a due diligence period of forty-five (45) days, with an additional forty-five (45) daysto close. The seller will have sixty (60) days after closing to remove a structure from theproperty. There is no broker involvement in this transaction. The CIP Capital Reserve Fund will be utilized to complete the purchase at closing after thedue diligence period; the total amount will be $220,000 including funds for site analysis duringthe due diligence period.
Advisory Board/Committee Review:
None
Insert Date of Advisory Board/Committee Review:
Advisory Board/Committee Recommendation and/or Vote:None
Potential Options:- Approve Resolution and CPOA Authorizing Real Property Purchase - Do Not Approve Resolution and CPOA Authorizing Real Property Purchase
Staff Recommendation:Staff Recommends Approval of the Real Property Purchase Agreement ATTACHMENTS• 2021-435-0_BS_114_Scoggins_Avenue.pdf• 2021-435-0_RES_Purchase_114_Scoggins_Avenue.pdf• 2021-435-0_CPOA_Town_Center_Fund_114_Scoggins.pdf• 2021-435-0_ATTH 01 Purchase_Agreement_114 Scoggins Ave.pdf• 2021-435-0_ATTH 02 Purchase_Supplement_114 Scoggins Ave.pdf
Updated: October 15, 2021 1 of 1
RESOLUTION 2021-435-0 OF THE MORRISVILLE TOWN
COUNCIL AUTHORIZING THE PURCHASE OF REAL PROPERTY AT 114 SCOGGINS AVENUE AND A BOA AUTHORIZING FUNDING
OF THE PURCHASE.
Goals Objectives Improved transportation mobility – Enhance transportation options through improved accessibility, connectivity, and collaboration
☐ Obj. 1.1 Explore, evaluate, and enhance available mobility options ☐ Obj. 1.2 Collaborate with other government entities and the private sector to support development of transportation infrastructure and related plans ☐ Obj. 1.3 Explore and evaluate traffic management options
Thriving, livable neighborhoods – Enrich the quality of life through the preservation of natural resources, well-planned development and strengthened neighborhood vitality
☐ Obj. 2.1 Identify and expand housing options to meet current and future needs of the community ☐ Obj. 2.2 Utilize components within Town guiding documents to plan and provide for current/future infrastructure (other guiding plans may be included/referenced as identified or created) ☒ Obj. 2.3 Ensure responsible, sustainable development and redevelopment, reviewing and considering guidance in Town policies/plans
Engaged, inclusive community – Enrich the quality of life through programs, events, amenities, and services valued by the community
☐ Obj. 3.1 Validate community interests/desires/needs ☐ Obj. 3.2 Offer events and programs that meet the needs and interests of the community, and increase awareness of activities and opportunities for public engagement and collaboration ☐ Obj. 3.3 Create and promote both a community and staff environment that is welcoming to, inclusive of, and values diverse populations
Public safety readiness – Provide a safe and secure community through prevention, education, readiness, and response
☐ Obj. 4.1 Be operationally ready to meet public safety service demands of the community and staff, and demonstrate commitment to continuous service level improvement of all Town safety components, including police, fire, parks, streets, and facilities ☐ Obj. 4.2 Evaluate, enhance, and promote community educational opportunities and encourage preparedness
Operational excellence – Deliver exceptional service with an engaged workforce that effectively manages public assets and promotes transparency
☐ Obj. 5.1 Enhance community-facing programs and services ☐ Obj. 5.2 Commitment to professionalism and employee engagement ☐ Obj. 5.3 Leverage the use of technology to enhance efficiency, productivity, and service delivery
Economic prosperity – Promote a business-friendly environment to diversify the economic base and create job opportunities for an educated, ready workforce
☐ Obj. 6.1 Attract and retain businesses that provide a diverse economic tax base ☐ Obj. 6.2 Promote a business-friendly community, understanding business needs to support a ready workforce ☐ Obj. 6.3 Promote and advocate for public education needs
“Connect Morrisville” Strategic Plan Alignment
TOWN OF MORRISVILLE * 100 TOWN HALL DRIVE * MORRISVILLE, NC 27560
Page 1 of 1
RESOLUTION 2021-435-0 OF THE MORRISVILLE TOWN
COUNCIL AUTHORIZING THE PURCHASE OF REAL PROPERTY AT 114 SCOGGINS AVENUE
WHEREAS, Town Council has expressed a commitment to actively acquire land in pursuit of achieving future strategic goals, including but not limited to the Town Center project as outlined in the Land Acquisition Policy adopted by Town Council in November 2020; and WHEREAS, Staff has worked with the property owner, Scoggins Avenue LLC and their representative Victor Poole on a purchase agreement for 114 Scoggins Avenue. Scoggins Avenue LLC has agreed to sell an approximately .46-acre parcel (PIN #0755-05-3249) for an agreed upon purchase price of $195,000. The property has a current tax value of $121,129; and WHEREAS, The purchase agreement does not include any escrow money. Funds for the purchase are available in the CIP Capital Reserve Fund. The purchase agreement provides for a due diligence period of forty-five (45) days, with an additional forty-five (45) days to close. The seller will have sixty (60) days after closing to remove the home from the property; and NOW, THEREFORE, BE IT RESOLVED THAT THE MORRISVILLE TOWN COUNCIL hereby approves the purchase of the approximately .46-acre parcel of real property (PIN #0755-05-3249) located at 114 Scoggins Avenue, owned by Scoggins Avenue LLC for the negotiated price of $195,000, and authorizes and ratifies the Town Manager and the Town Attorney execution of the purchase agreement. BE IT FURTHER RESOLVED THAT THE MORRISVILLE TOWN COUNCIL authorizes the funding for the property purchase, any closing costs, and any legal fees to be paid from the CIP Capital Reserve Fund. Adopted this the 26th day of October 2021. ______________________________ TJ Cawley, Mayor ATTEST: _____________________________ Eric W. Smith II, Town Clerk
TOWN OF MORRISVILLE * 100 TOWN HALL DRIVE * MORRISVILLE, NC 27560
Page 1 of 2 Preceding Ordinances amended: 2016-082A, 2017-116, 2018-145, 2019,100-B, 2020,17, 2021-19
CAPITAL PROJECT ORDINANCE AMENDMENT 2021-435-0 OF
THE MORRISVILLE TOWN COUNCIL FOR TOWN CENTER CAPITAL PROJECT
BE IT ORDAINED by the Morrisville Town Council that, pursuant to NC General Statute 159-132, the following capital project ordinance hereby amends the Town Center Capital Project Ordinance: Section 1: The project authorized is for the purpose of land acquisition, design and construct public improvements associated with the Town Center Core Project, including the Carolina Street extension, Town Hall Drive roundabout, the gas utility line relocation and the Town Center Regional Stormwater Facility as it relates to the Town Center Core Demonstration Project. The project scope may become more defined as the design progresses. Section 2: The Town Manager is hereby directed to proceed with the capital project within the terms of the budget contained herein. Section 3: The following amounts are appropriated for the project:
Budgeted Expenditures Current Proposed Revised Professional Services/Design/CEI 611,920 25,000 636,920 Land Acquisition 931,000 195,000 1,126,000 Capital Outlay – Infrastructure 4,992,942 - 4,992,942 Total $6,535,862 $220,000 $6,755,862
Section 4: The following revenues are anticipated to be available to complete this project:
Budgeted Revenues Current Proposed Revised Interest Earned 78,100 - 78,100 Transfer from the General Fund 4,300,000 - 4,300,000 Transfer from CIP Capital Reserve Fund 1,401,862 220,000 1,621,862 Appropriation of Stormwater Fund Balance 755,900 - 755,900 Total $6,535,862 $220,000 $6,755,862
Section 5: This will result in a budgetary increase of the Capital Project Ordinance of $220,000 from the CIP Capital Reserve Fund to acquire property located at 114 Scoggins Avenue. The budget remains balanced in accordance with the Local Government Budget and Fiscal Control Act. Section 6: The Town Manager may make Interfund Loans as necessary for cash flow needs pending receipt of debt proceeds and/or reimbursement grants or agreements. Such transactions will comply with financial reporting requirements. Section 7: The Finance Officer is hereby directed to maintain within the Capital Project Fund sufficient specific detailed accounting records to satisfy the requirements of the financing agreement(s).
Page 2 of 2 Preceding Ordinances amended: 2016-082A, 2017-116, 2018-145, 2019,100-B, 2020,17
Section 8: Reimbursement requests should be made to the granting agencies and/or the General Fund in an orderly and timely manner if necessary.
Section 9: The Town Manager has the authority to transfer funds; both expenditures and revenues, between accounts listed in Sections 3 and 4 as may be necessary, provided however that the total expenditures equal the total revenues and that expenditures may not exceed the project total without amendment by this Council. Section 10: Copies of this capital project ordinance shall be furnished to the Town Clerk, Finance Officer, and the Budget Officer for direction in carrying out the project. This the 26th day of October 2021. ____________________________ TJ Cawley, Mayor ______________________________ Eric W Smith II, Town Clerk
Page 1 of 9 This form jointly approved by:NCBA Real Property Section North Carolina Association of REALTORS , Inc.
Buyer Initials ______ _____ Seller Initials _____ _____
STANDARD FORM 580-TRevised 3/2021
© 3/2021
AGREEMENT FOR PURCHASE AND SALE OF IMPROVED REAL PROPERTY
THIS AGREEMENT, including any and all addenda attached hereto (“Agreement”), is by and between ___________________________________________________________________________________________________________, a(n) ____________________________________________(“Buyer”), and (individual or State of formation and type of entity)
___________________________________________________________________________________________________________, a (n) ____________________________________________(“Seller”).
(individual or State of formation and type of entity)
(NOTE: If the Buyer or Seller is an entity, in order to form a binding agreement and complete a transaction, the entities listed as Buyer or Seller in this Agreement should be validly formed and in good standing with the Secretary of State in the State of formation of the entity.)
FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. Terms and Definitions: The terms listed below shall have the respective meaning given them as set forth adjacent to each term.
(a) “Property”: (Address)______________________________________________________________________________
____________________________________________________________________________________________________
Plat Reference: Lot(s) ____________________, Block or Section _________________, as shown on Plat Book or Slide
_______________ at Page(s) _______________, __________________ County, consisting of _______________ acres.
If this box is checked, “Property” shall mean that property described on Exhibit A attached hereto and incorporatedherewith by reference,
(For information purposes: (i) the tax parcel number of the Property is: ; and, (ii) some or all of the Property, consisting of approximately _______________ acres, is described in Deed Book _________,Page No.________, __________________ County.)
together with all buildings and improvements thereon and all fixtures and appurtenances thereto and all personal property, if any, itemized on Exhibit A.
$________________ (b) “Purchase Price” shall mean the sum of _________________________________________________
________________________________________________________________________________Dollars,
payable on the following terms:
$________________ (i) “Earnest Money” shall mean ____________________________________________________ Dollars
or terms as follows:______________________________________________________________________
______________________________________________________________________________________
The Earnest Money shall be deposited in escrow with ______________________________________________________ (name of person/entity with whom deposited- “Escrow Agent”) within five (5) calendar days of the Contract Date, to be applied as part payment of the Purchase Price of the Property at Closing, or disbursed as agreed upon under the provisions of Section 10 herein. Should Buyer fail to deliver the Earnest Money by the date required hereunder, or should any check or other funds paid by Buyer be dishonored, for any reason, by the institution upon which
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the payment is drawn, Buyer shall have one (1) banking day after written notice of such dishonor to deliver cash, official bank check, wire transfer or electronic transfer to the Escrow Agent. If Buyer fails to deliver the required funds within one (1) banking day after written notice, then Seller may terminate this Agreement by written notice to Buyer at any time thereafter, provided Seller has not then received acknowledgement by Escrow Agent of its receipt of funds from Buyer. If the Escrow Agent has not delivered to the Seller the acknowledgement of Earnest Money on the last page of this Agreement by the calendar day following the date the Earnest Money is required to be delivered hereunder, it shall be presumed that the Earnest Money was not delivered by the required time (unless, upon the written request of Seller, Escrow Agent can provide proof of its receipt of the Earnest Money by the required time). Buyer and Seller consent to the disclosure by the Escrow Agent, to the parties to this Agreement, the Broker(s) and any Buyer lender, of any material facts pertaining to the Earnest Money.
ANY EARNEST MONEY DEPOSITED BY BUYER IN A TRUST ACCOUNT MAY BE PLACED IN AN INTEREST BEARING TRUST ACCOUNT, AND: (check only ONE box)
ANY INTEREST EARNED THEREON SHALL BE APPLIED AS PART PAYMENT OF THE PURCHASE PRICE OF THE PROPERTY AT CLOSING, OR DISBURSED AS AGREED UPON UNDER THE PROVISIONS OF SECTION 10 HEREIN. (Buyer’s Taxpayer Identification Number is: )
ANY INTEREST EARNED THEREON SHALL BELONG TO THE ACCOUNT HOLDER IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH.
$________________ (ii) Delivery of a promissory note secured by a deed of trust, said promissory note in the amount of ________________________________________________________________________________ Dollars being payable over a term of ______ years, with an amortization period of years, payable in monthly installments of principal, together with accrued interest on the outstanding principal balance at the rate of_____________________________________ percent (__________%) per annum in the amount of $
, with the first principal payment beginning on the first day of the month next succeeding the date of Closing, or such other terms as may be set forth on Exhibit B. At any time, the promissory note may be prepaid in whole or in part without penalty and without further interest on the amounts prepaid from the date of such prepayment. (NOTE: In the event of Buyer’s subsequent default upon a promissory note and deed of trust given hereunder, Seller’s remedies may be limited to foreclosure of the Property. If the deed of trust given hereunder is subordinated to senior financing, the material terms of such financing must be set forth on Exhibit B. If such senior financing is subsequently foreclosed, the Seller may have no remedy to recover under the note.)
$________________ (iii) Cash, balance of Purchase Price, at Closing in the amount of _______________________________ ____________________________________________________________________________ Dollars. Buyer, at Buyer’s expense, shall be entitled to pursue qualification for and approval of any loan Buyer intends to obtain in connection with the transaction contemplated by this Agreement. (Note: Buyer’s obligations under this Agreement are not conditioned upon obtaining or closing any loan. Therefore, Buyer is advised to consult with Buyer’s lender prior to signing this offer to assure that the Examination Period allows sufficient time for Buyer’s lender to provide Buyer sufficient information to decide whether to proceed with or terminate the transaction.)
(c) “Closing” shall mean the date of completion of the process detailed in Section 11 of this Agreement. Closing shall
occur on or before or
____________________________________________________________________________________________.
(d) “Contract Date” means the date this Agreement has been fully executed by both Buyer and Seller.
(e) “Examination Period” shall mean the period beginning on the first day after the Contract Date and extending
through 5:00pm (based upon time at the locale of the Property) on
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Buyer Initials ______ _____ Seller Initials _____ _____ STANDARD FORM 580-T Revised 3/2021
© 3/2021
_____________________________________________________________________________________________.
TIME IS OF THE ESSENCE AS TO THE EXAMINATION PERIOD.
(f) “Broker(s)” shall mean:
_____________________________________________________________________________(“Listing Agency”),
___________________________________________________(“Listing Agent” – License # )
Acting as: Seller’s Agent; Dual Agent
and _________________________________________________________________________ (“Selling Agency”),
_____________________________________________________ (“Selling Agent”- License # )
Acting as: Buyer’s Agent; Seller’s (Sub)Agent; Dual Agent
(g) “Seller’s Notice Address” shall be as follows: _____________________________________________________________________________________________
_____________________________________________________________________________________________
e-mail address: fax number:
except as same may be changed pursuant to Section 12.
(h) “Buyer’s Notice Address” shall be as follows:
_____________________________________________________________________________________________
_____________________________________________________________________________________________
e-mail address: fax number:
except as same may be changed pursuant to Section 12.
(i) If this block is marked, additional terms of this Agreement are set forth on Exhibit B attached hereto and incorporated herein by reference. (Note: Under North Carolina law, real estate agents are not permitted to draft conditions or contingencies to this Agreement.)
(j) If this block is marked, additional terms of this Agreement are set forth on the Additional Provisions Addendum
(Form 581-T) attached hereto and incorporated herein by reference.
(k) If this block is marked, additional terms of this Agreement are set forth on the Back Up Agreement Addendum (Form 581A-T) attached hereto and incorporated herein by reference.
Section 2. Sale of Property and Payment of Purchase Price: Seller agrees to sell and Buyer agrees to buy the Property for the Purchase Price.
Section 3. Proration of Expenses and Payment of Costs: Seller and Buyer agree that all property taxes (on a calendar year basis), leases, rents, mortgage payments and utilities or any other assumed liabilities as detailed on attached Exhibit B, if any, shall be prorated as of the date of Closing. Seller shall pay for preparation of a deed and all other documents necessary to perform Seller’s obligations under this Agreement, excise tax (revenue stamps), any deferred or rollback taxes, and other conveyance fees or taxes required by law, any fees required for confirming Seller’s account payment information on owners’ association dues or assessments for payment or proration; any fees imposed by an owners’ association and/or a management company as agent of the owners’ association in connection with the transaction contemplated by this Agreement other than those fees required to be paid by Buyer in this Section 3 below, and the following: _______________________________________________________________________________________________________________________________________________________________________________________________________________________.
Buyer shall pay recording costs, costs of any title search, title insurance, survey, the cost of any inspections or investigations undertaken by Buyer under this Agreement, charges required by an owners’ association declaration to be paid by Buyer for Buyer’s future use and enjoyment of the Property, including, without limitation, working capital contributions, membership fees, or charges for Buyer’s use of the common elements and/or services provided to Buyer, any costs or charges for determining restrictive covenant
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compliance, and the following: ______________________________________________________________________________________________________________________________________________________________________________________________________________________. Each party shall pay its own attorney’s fees. Section 4. Deliveries: Seller agrees to use best efforts to deliver to Buyer, as soon as reasonably possible after the Contract Date, copies of all material information relevant to the Property in the possession of Seller, including but not limited to: title insurance policies (and copies of any documents referenced therein), surveys, soil test reports, environmental surveys or reports, site plans, civil drawings, building plans, maintenance records and copies of all presently effective warranties or service contracts related to the Property. Seller authorizes (1) any attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attorneys; and (2) the Property’s title insurer or its agent to release and disclose all materials in the Property's title insurer's (or title insurer's agent's) file to Buyer and both Buyer's and Seller's agents and attorneys. If Buyer does not consummate the Closing for any reason other than Seller default, then Buyer shall return to Seller all hard copy materials delivered by Seller to Buyer pursuant to this Section 4 (or Section 7, if applicable), if any, and shall, upon Seller's request, following release of the Earnest Money, provide to Seller copies of (subject to the ownership and copyright interests of the preparer thereof) any and all studies, reports, surveys and other information relating directly to the Property prepared by or at the request of Buyer, its employees and agents, without any warranty or representation by Buyer as to the contents, accuracy or correctness thereof. Notwithstanding the above provisions regarding delivery and return of information and documentation, should there exist a separate non-disclosure, confidentiality, or similar agreement between Buyer and Seller, the terms of which conflict with this provision insofar as delivery and return of information and documentation, then the terms of such non-disclosure, confidentiality, or similar agreement shall control as to the delivery and return of information and documentation. Section 5. Evidence of Title: Seller agrees to convey fee simple insurable title to the Property without exception for mechanics’ liens, free and clear of all liens, encumbrances and defects of title other than: (a) zoning ordinances affecting the Property, (b) Leases (as defined in Section 7, if applicable) and (c) specific instruments on the public record at the Contract Date agreed to by Buyer (not objected to by Buyer prior to the end of the Examination Period), which specific instruments shall be enumerated in the deed referenced in Section 11 (items 5(a), 5(b) and 5(c) being collectively “Permitted Exceptions”); provided that Seller shall be required to satisfy, at or prior to Closing, any encumbrances that may be satisfied by the payment of a fixed sum of money, such as deeds of trust, mortgages or statutory liens. Seller shall not enter into or record any instrument that affects the Property (or any personal property listed on Exhibit A) after the Contract Date without the prior written consent of Buyer, which consent shall not be unreasonably withheld, conditioned or delayed. Section 6. Conditions: This Agreement and the rights and obligations of the parties under this Agreement are hereby made expressly conditioned upon fulfillment (or waiver by Buyer, whether explicit or implied) of the following conditions:
(a) Title Examination: After the Contract Date, Buyer shall, at Buyer’s expense, cause a title examination to be made of the Property before the end of the Examination Period. In the event that such title examination shall show that Seller’s title is not fee simple insurable, subject only to Permitted Exceptions, then Buyer shall promptly notify Seller in writing of all such title defects and exceptions, in no case later than the end of the Examination Period, and Seller shall have thirty (30) days to cure said noticed defects. If Seller does not cure the defects or objections within thirty (30) days of notice thereof, then Buyer may terminate this Agreement and receive a return of Earnest Money (notwithstanding that the Examination Period may have expired). If Buyer is to purchase title insurance, the insuring company must be licensed to do business in the state in which the Property is located. Title to the Property must be insurable at regular rates, subject only to standard exceptions and Permitted Exceptions.
(b) Same Condition: If the Property is not in substantially the same condition at Closing as of the date of the offer, reasonable wear and tear excepted, then the Buyer may (i) terminate this Agreement and receive a return of the Earnest Money or (ii) proceed to Closing whereupon Buyer shall be entitled to receive, in addition to the Property, any of the Seller's insurance proceeds payable on account of the damage or destruction applicable to the Property.
(c) Inspections: Buyer, its agents or representatives, at Buyer’s expense and at reasonable times during normal business hours, shall have the right to enter upon the Property for the purpose of inspecting, examining, conducting timber cruises, and surveying the Property; provided, however, that Buyer shall not conduct any invasive testing of any nature without the prior express written approval of Seller as to each specific invasive test intended to be conducted by Buyer. Buyer shall conduct all such on-site inspections, examinations, testing, timber cruises and surveying of the Property in a good and workmanlike manner, at Buyer’s expense, shall repair any damage to the Property caused by Buyer's entry and on-site inspections and shall conduct same in a manner that does not unreasonably interfere with Seller's or any tenant's use and enjoyment of the Property. In that respect, Buyer shall make reasonable efforts to undertake on-site inspections outside of the hours Seller’s or any tenant's business is open to the public. Buyer shall provide Seller or any tenant (as applicable) reasonable advance notice of and Buyer shall cause its agents or representatives and third party service providers (e.g. inspectors, surveyors, etc.) to give reasonable advance notice of any entry onto the Property. Buyer
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shall be obligated to observe and comply with any terms of any tenant lease which conditions access to such tenant’s space at the Property. Upon Seller's request, Buyer shall provide to Seller evidence of general liability insurance. Buyer shall also have a right to review and inspect all contracts or other agreements affecting or related directly to the Property and shall be entitled to review such books and records of Seller that relate directly to the operation and maintenance of the Property, provided, however, that Buyer shall not disclose any information regarding this Property (or any tenant therein) unless required by law, and the same shall be regarded as confidential, to any person, except to its attorneys, accountants, lenders and other professional advisors, in which case Buyer shall obtain their agreement to maintain such confidentiality. Buyer assumes all responsibility for the acts of itself and its agents or representatives in exercising its rights under this Section 6(d) and agrees to indemnify and hold Seller harmless from any damages resulting therefrom. This indemnification obligation of Buyer shall survive the Closing or earlier termination of this Agreement. Except as provided in Section 6(b) above, Buyer shall have from the Contract Date through the end of the Examination Period to perform the above inspections, examinations and testing. IF BUYER CHOOSES NOT TO PURCHASE THE PROPERTY, FOR ANY REASON OR NO REASON, AND PROVIDES WRITTEN NOTICE TO SELLER THEREOF PRIOR TO THE EXPIRATION OF THE EXAMINATION PERIOD, THEN THIS AGREEMENT SHALL TERMINATE, AND BUYER SHALL RECEIVE A RETURN OF THE EARNEST MONEY. Section 7. Leases (Check one of the following, as applicable): If this box is checked, Seller affirmatively represents and warrants that there are no Leases (as hereinafter defined) affecting the Property. If this box is checked, Seller discloses that there are one or more leases affecting the Property ("Leases”), and the following provisions are hereby made a part of this Agreement. (a) A list of all Leases shall be set forth on Exhibit B. Seller represents and warrants that, as of the Contract Date, there are no other Leases, oral or written, recorded or not, nor any subleases affecting the Property, except as set forth on Exhibit B; (b) Seller shall deliver copies of any Leases to Buyer pursuant to Section 4 as if the Leases were listed therein; (c) Seller represents and warrants that, as of the Contract Date, there are no current defaults (or any existing situation which, with the passage of time, or the giving of notice, or both, or at the election of either landlord or tenant, could constitute a default) either by Seller, as landlord, or by any tenant under any Lease ("Lease Default"). In the event there is any Lease Default as of the Contract Date, Seller agrees to provide Buyer with a detailed description of the situation in accordance with Section 4. Seller agrees not to commit a Lease Default as Landlord after the Contract Date; and agrees further to notify Buyer immediately in the event a Lease Default arises or is claimed, asserted or threatened to be asserted by either Seller or a tenant under the Lease. (d) In addition to the conditions provided in Section 6 of this Agreement, this Agreement and the rights and obligations of the parties under this Agreement are hereby made expressly conditioned upon the assignment of Seller's interest in any Lease to Buyer in form and content acceptable to Buyer (with tenant's written consent and acknowledgement, if required under the Lease). Seller agrees to deliver an assignment of any Lease at or before Closing, with any security deposits held by Seller under any Leases to be transferred or credited to Buyer at or before Closing. The assignment shall provide: (i) that Seller shall defend, indemnify and hold Buyer harmless from claims, losses, damages and liabilities (including, without limitation, court costs and attorneys’ fees) asserted against or incurred by Buyer which are caused by or the result of any default by Seller under any Lease prior to the date of Closing, and (ii) that Buyer shall defend, indemnify and hold Seller harmless from claims, losses, damages and liabilities (including, without limitation, court costs and attorneys’ fees) asserted against or incurred by Seller which are caused by or the result of any default by Buyer under any Lease after the date of Closing. (e) Seller also agrees to work diligently to obtain any tenant signatures on any estoppel certificates in such form as Buyer may reasonably request and to work diligently to obtain any subordination, nondisturbance and attornment agreements in such form as Buyer may reasonably request. Section 8. Environmental: Seller represents and warrants that it has no actual knowledge of the presence or disposal, except as in accordance with applicable law, within the buildings or on the Property of hazardous or toxic waste or substances, which are defined as those substances, materials, and wastes, including, but not limited to: those substances, materials and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 CFR Part 172.101) or by the Environmental Protection Agency as hazardous substances (40 CFR Part 302.4) and amendments thereto, or such substances, materials and wastes, which are or become regulated under any applicable local, state or federal law, including, without limitation, any material, waste or substance which is (i) petroleum, (ii) asbestos, (iii) polychlorinated biphenyls, (iv) designated as a Hazardous Substance pursuant to Section 311 of the Clean Water Act of 1977 (33 U.S.C. §1321) or listed pursuant to Section 307 of the Clean Water Act of 1977 (33 U.S.C. §1317), (v) defined as a hazardous waste pursuant to Section 1004 of the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §6903) or
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(vi) defined as a hazardous substance pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. §9601). Seller has no actual knowledge of any contamination of the Property from such substances as may have been disposed of or stored on neighboring tracts. Section 9. Risk of Loss/Damage/Repair: Until Closing, the risk of loss or damage to the Property, except as otherwise provided herein, shall be borne by Seller. Except as to maintaining the Property in its same condition, Seller shall have no responsibility for the repair of the Property, including any improvements, unless the parties hereto agree in writing. Section 10. Earnest Money Disbursement: In the event that any condition hereto is not satisfied, then the Earnest Money shall be refunded to Buyer. In the event of breach of this Agreement by Seller, the Earnest Money shall be refunded to Buyer upon Buyer’s request, but such return shall not affect any other remedies available to Buyer for such breach. In the event of breach of this Agreement by Buyer, the Earnest Money shall be paid to Seller as liquidated damages and as Seller’s sole and exclusive remedy for such breach, but without limiting Seller’s rights under Section 6(d) or Section 22 of this Agreement. It is acknowledged by the parties that payment of the Earnest Money to Seller in the event of a breach of this Agreement by Buyer is compensatory and not punitive, such amount being a reasonable estimation of the actual loss that Seller would incur as a result of such breach. The payment of the Earnest Money to Seller shall not constitute a penalty or forfeiture but actual compensation for Seller's anticipated loss, both parties acknowledging the difficulty determining Seller’s actual damages for such breach.
NOTE: In the event of a dispute between Seller and Buyer over the disposition of the Earnest Money held in escrow, a licensed real estate broker is required by state law (and Escrow Agent, if not a broker, hereby agrees) to retain the Earnest Money in the Escrow Agent’s trust or escrow account until Escrow Agent has obtained a written release from the parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction. Alternatively, if a broker or an attorney licensed to practice law in North Carolina is holding the Earnest Money, the broker or attorney may deposit the disputed monies with the appropriate clerk of court in accordance with the provisions of N.C.G.S. §93A- 12.
Seller and Buyer hereby agree and acknowledge that the Escrow Agent assumes no liability in connection with the holding of the Earnest Money pursuant hereto except for negligence or willful misconduct of Escrow Agent. Escrow Agent shall not be responsible for the validity, correctness or genuineness of any document or notice referred to under this Agreement. Seller and Buyer hereby agree to indemnify, protect, save and hold harmless Escrow Agent and its successors, assigns and agents pursuant to this Agreement, from any and all liabilities, obligations, losses, damages, claims, actions, suits, costs or expenses (including attorney fees) of whatsoever kind or nature imposed on, incurred by or asserted against Escrow Agent which in any way relate to or arise out of the execution and delivery of this Agreement and any action taken hereunder; provided, however, that Seller and Buyer shall have no such obligation to indemnify, save and hold harmless Escrow Agent for any liability incurred by, imposed upon or established against it as a result of Escrow Agent’s negligence or willful misconduct. Section 11. Closing: At or before Closing, Seller shall deliver to Buyer a special warranty deed unless otherwise specified on Exhibit B and other documents customarily executed or delivered by a seller in similar transactions, including without limitation, a bill of sale for any personalty listed on Exhibit A, an owner’s affidavit, lien waiver forms (and such other lien related documentation as shall permit the Property to be conveyed free and clear of any claim for mechanics’ liens) and a non-foreign status affidavit (pursuant to the Foreign Investment in Real Property Tax Act), and Buyer shall cause to be delivered the funds necessary to pay to Seller the Purchase Price. The Closing shall be conducted by Buyer’s attorney or handled in such other manner as the parties hereto may mutually agree in writing. Possession shall be delivered at Closing, unless otherwise agreed herein. The Purchase Price and other funds to be disbursed pursuant to this Agreement shall not be disbursed until the Buyer’s attorney’s (or other designated settlement agent’s) receipt of authorization to disburse all necessary funds. Section 12. Notices: Unless otherwise provided herein, all notices and other communications which may be or are required to be given or made by any party to the other in connection herewith shall be in writing (which shall include electronic mail) and shall be deemed to have been properly given and received (i) on the date delivered in person or (ii) the date deposited in the United States mail, registered or certified, return receipt requested, to the addresses set out in Section 1(g) as to Seller, and in Section 1(h) as to Buyer, or at such other addresses as specified by written notice delivered in accordance herewith, (iii) at such time as the sender performs the final act to send such transmission, in a form capable of being processed by the receiving party’s system, to any electronic mail address or facsimile number, if any, provided in Section 1(g) as to Seller, and in Section 1(h) as to Buyer or (iv) on the date deposited with a recognized overnight delivery service, addressed to the addresses set out in Section 1(g) as to Seller, and in Section 1(h) as to Buyer, or at such other addresses as specified by written notice delivered in accordance herewith. If a notice is sent by more than one method, it will be deemed received upon the earlier of the dates of receipt pursuant to this Section. Section 13. Counterparts; Entire Agreement: This Agreement may be executed in one or more counterparts, which taken together, shall constitute one and the same original document. Copies of original signature pages of this Agreement may be exchanged via facsimile or e-mail, and any such copies shall constitute originals. This Agreement constitutes the sole and entire agreement among the parties hereto and no modification of this Agreement shall be binding unless in writing and signed by all parties hereto. The
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invalidity of one or more provisions of this Agreement shall not affect the validity of any other provisions hereof and this Agreement shall be construed and enforced as if such invalid provisions were not included. Section 14. Enforceability: This Agreement shall become a contract when signed by both Buyer and Seller and such signing is communicated to both parties; it being expressly agreed that notice given in accordance with Section 12 is not required for effective communication for the purposes of this Section 14. The parties acknowledge and agree that: (i) the initials lines at the bottom of each page of this Agreement are merely evidence of their having reviewed the terms of each page, and (ii) the complete execution of such initials lines shall not be a condition of the effectiveness of this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties, their heirs, successors and assigns and their personal representatives.
Section 15. Adverse Information and Compliance with Laws:
(a) Seller Knowledge/Assessments: Seller has no actual knowledge of (i) condemnation(s) affecting or contemplated with respect to the Property; (ii) actions, suits or proceedings pending or threatened against the Property; (iii) changes contemplated in any applicable laws, ordinances or restrictions affecting the Property; or (iv) governmental special assessments, either pending or confirmed, for sidewalk, paving, water, sewer, or other improvements on or adjoining the Property, and no pending or confirmed owners’ association special assessments, except as follows (Insert “None” or the identification of any matters relating to (i) through (iv) above, if any): ____________________________________________________________________________________________________________ ___________________________________________________________________________________________________________. Note: For purposes of this Agreement: (i) a “special assessment” is defined as a charge against the Property by a governmental authority in addition to ad valorem taxes and recurring governmental service fees levied with such taxes, or by an owners’ association in addition to any regular assessment (dues), either of which may be a lien against the Property; a special assessment may be either pending or confirmed; (ii) .a “confirmed” special assessment is defined as an assessment that has been approved by a governmental agency or an owners’ association for the purpose(s) stated, whether, at the time of Closing, it is payable in a lump sum or future installments; (iii) a “pending” special assessment is defined as an assessment that is under formal consideration by a governmental agency or an owners’ association but which has not been approved prior to Closing. Seller shall pay, in full at Closing, all confirmed governmental or association special assessments, provided that the amount thereof can be reasonably determined or estimated. The payment of such determined or estimated amount shall be the final payment between Buyer and Seller as to any confirmed special assessments. If the amount of any special assessment cannot be reasonably determined or estimated, the special assessment shall be deemed a pending special assessment. Buyer shall take title subject to all pending special assessments disclosed by Seller herein, if any.
(b) Compliance: To Seller’s actual knowledge, (i) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions pertaining to or affecting the Property; (ii) performance of the Agreement will not result in the breach of, constitute any default under or result in the imposition of any lien or encumbrance upon the Property under any agreement or other instrument to which Seller is a party or by which Seller or the Property is bound; and (iii) there are no legal actions, suits or other legal or administrative proceedings pending or threatened against the Property, and Seller is not aware of any facts which might result in any such action, suit or other proceeding.
(c) Owners’ Association: If the Property is subject to regulation by an owners’ association, Seller shall deliver the following information to Buyer pursuant to Section 4 as if the same were listed therein (or Seller shall state that Seller does not have same in their possession or that such item is not applicable): (i) the name of the owners’ association; (ii) the amount of regular assessments (dues); (iii) the name, address and telephone number of the president of the owners’ association or of the association manager or management company; (iv) the owners’ association website address; (v) the Seller’s statement of account; (vi) the master insurance policy showing the coverage provided and the deductible amount; (vii) copies of any Declaration and/or Restrictive Covenants; (viii) the Rules and Regulations, (ix) the Articles of Incorporation and Bylaws of the owners’ association; (x) the current financial statement and budget of the owners’ association; (xi) the parking restrictions and information; and (xii) the architectural guidelines. Seller authorizes and directs any owners’ association, any management company of the owners’ association, any insurance company and any attorney who has previously represented the Seller to release to Buyer, Buyer’s agents, representative, closing attorney or lender true and accurate copies of the foregoing items affecting the Property, including any amendments thereto.
Section 16. Survival of Representations and Warranties: All representations, warranties, covenants and agreements made by the parties hereto shall survive the Closing and delivery of the deed. Seller shall, at or within six (6) months after the Closing, and without further consideration, execute, acknowledge and deliver to Buyer such other documents and instruments, and take such other action as Buyer may reasonably request or as may be necessary to more effectively transfer to Buyer the Property described herein in accordance with this Agreement.
Section 17. Applicable Law: This Agreement shall be construed under the laws of the state in which the Property is located. This form has only been approved for use in North Carolina.
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Section 18. Assignment: This Agreement is freely assignable unless otherwise expressly provided on Exhibit B. Section 19. Tax-Deferred Exchange: In the event Buyer or Seller desires to effect a tax-deferred exchange in connection with the conveyance of the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchanging party shall be responsible for all additional costs associated with such exchange, and provided further that a non-exchanging party shall not assume any additional liability with respect to such tax-deferred exchange. Seller and Buyer shall execute such additional documents, at no cost to the non-exchanging party, as shall be required to give effect to this provision.
Section 20. Memorandum of Contract: Upon request by either party, the parties hereto shall execute a memorandum of contract in recordable form setting forth such provisions hereof (other than the Purchase Price and other sums due) as either party may wish to incorporate. Such memorandum of contract shall contain a statement that it automatically terminates and the Property is released from any effect thereby as of a specific date to be stated in the memorandum (which specific date shall be no later than the date of Closing). The cost of recording such memorandum of contract shall be borne by the party requesting execution of same. Section 21. Authority: Each signatory to this Agreement represents and warrants that he or she has full authority to sign this Agreement and such instruments as may be necessary to effectuate any transaction contemplated by this Agreement on behalf of the party for whom he or she signs and that his or her signature binds such party. Section 22. Brokers: Except as expressly provided herein, Buyer and Seller agree to indemnify and hold each other harmless from any and all claims of brokers, consultants or real estate agents by, through or under the indemnifying party for fees or commissions arising out of the sale of the Property to Buyer. Buyer and Seller represent and warrant to each other that: (i) except as to the Brokers designated under Section 1(f) of this Agreement, they have not employed nor engaged any brokers, consultants or real estate agents to be involved in this transaction and (ii) that the compensation of the Brokers is established by and shall be governed by separate agreements entered into as amongst the Brokers, the Buyer and/or the Seller. Section 23. Attorneys Fees: If legal proceedings are instituted to enforce any provision of this Agreement, the prevailing party in the proceeding shall be entitled to recover from the non-prevailing party reasonable attorneys fees and court costs incurred in connection with the proceeding. EIFS/SYNTHETIC STUCCO: If the adjacent box is checked, Seller discloses that the Property has been clad previously (either in whole or in part) with an “exterior insulating and finishing system” commonly known as “EIFS” or “synthetic stucco”. Seller makes no representations or warranties regarding such system and Buyer is advised to make its own independent determinations with respect to conditions related to or occasioned by the existence of such materials at the Property. THE NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. BUYER: SELLER: Individual Individual ______________________________________________ ____________________________________________ Date: _________________________________________ Date: _______________________________________ ______________________________________________ ____________________________________________ Date: _________________________________________ Date: _______________________________________
Page 9 of 9 STANDARD FORM 580-T
Revised 3/2021 © 3/2021
Business Entity Business Entity ______________________________________________ ____________________________________________ (Name of Entity) (Name of Entity) By:___________________________________________ By:_________________________________________ Name: _______________________________________ Name: _____________________________________ Title:__________________________________________ Title:________________________________________ Date: __________________________________________ Date: ________________________________________
WIRE FRAUD WARNING To Buyers: Before sending any wire, you should call the closing agent’s office to verify the instructions. If you receive wiring instructions for a different bank, branch location, account name or account number, they should be presumed fraudulent. Do not send any funds and contact the closing agent’s office immediately.
To Sellers: If your proceeds will be wired, it is recommended that you provide wiring instructions at closing in writing in the presence of the closing agent. If you are unable to attend closing, you may be required to send an original notarized directive to the closing agent’s office containing the wiring instructions. This directive may be sent with the deed, lien waiver and tax forms if those documents are being prepared for you by the closing agent. At a minimum, you should call the closing agent’s office to provide the wire instructions. The wire instructions should be verified over the telephone via a call to you initiated by the closing agent’s office to ensure that they are not from a fraudulent source.
Whether you are a buyer or a seller, you should call the closing agent’s office at a number that is independently obtained. To ensure that your contact is legitimate, you should not rely on a phone number in an email from the closing agent’s office, your real estate agent or anyone else. The undersigned hereby acknowledges receipt of the Earnest Money set forth herein and agrees to hold said Earnest Money in accordance with the terms hereof. ____________________________________________________________________________________________________________
(Name of Escrow Agent) Date:___________________________________________ By: _______________________________________________ Escrow Agent’s contact/notice information is as follows: _____________________________________________________________________________________________
_____________________________________________________________________________________________
e-mail address: fax number:
except as same may be changed pursuant to Section 12.
Exhibit “A”
BEING all of Tract 2 as shown on that recombination plat entitled “Property of Dennis R. Dietrich & wife
Donnie S. Dietrich” recorded in Book of Maps 1985, Page 1918, Wake County Register of Deeds.
Exhibit “B”
The 1984 Knox doublewide mobile home (VIN: K78563AB) situated on the property does not convey
with the land. 4852-4196-5055, v. 2
SELLER POSSESSION AFTER CLOSING AGREEMENT THIS AGREEMENT IS AN ADDENDUM TO THE PURCHASE AND SALE OF
IMPROVED REAL PROPERTY
Property: 114 Scoggins Avenue, Morrisville, NC 27560 Seller: Scoggins Ave LLC Buyer: Town of Morrisville This Agreement is attached to and made a part of the Agreement for Purchase and Sale of
valuable considering, the receipt and legal sufficiency of which are acknowledged, Seller and Buyer agree:
1. Term of Possession. Seller may remain in possession of the Property for a period of one hundred twenty (120) days after the Closing until 5 p.m. on the last day (the entire period including any extension agreed to by Buyer and Seller in writing is referred to as
TIME IS OF THE ESSENCE with regard to the end of the Term.
2. Removal of Mobile Home. Seller shall remove the doublewide mobile home located on the Property bearing HUD Tag/VIN #K78563AB (the Mobile Home ) within one hundred twenty (120) days from the date of the Closing. Seller shall be solely responsible for all fees and costs associated with the removal of the Mobile Home from the Property.
3. Termination of Possession. Without a written extension signed by the Parties, Seller shall vacate the Property no later than the end of the Term. If Seller has not vacated the Property by that time, Seller shall continue to be bound by all of the terms and conditions of this Agreement, and Seller shall in addition pay Buyer a hold-over fee of one hundred dollars ($100) per day for each day Seller remains in possession of the Property from the end of the Term until Seller vacates the Property or is evicted.
4. Seller shall indemnify and hold Buyer harmless from and
against any and all liability, fines, suits, claims, demands, actions, costs and expenses of any kind or nature whatsoever caused by, or arising out of, or in any manner connected with any damage to the Property or any injury or death to a person or persons arising out
of Property and Mobile Home, removal of Mobile Home, and/or occupancy of the Property during the Term, including intentional or negligent acts by
and employees of Seller.
5. Subletting; Assignment. Seller shall not sublet the Property or assign this Assignment.
6. Eviction. Seller may be evicted from the Property pursuant to a summary ejectment proceeding brought before the magistrate
in the county where the Property is located, as provided in Chapter 42 of the North Carolina General Statues.
7. Costs of Legal Proceedings. The losing party in any legal proceeding brought by Buyer
or Seller against the other party for breach of any provision of this Agreement (including an action for summary ejectment) shall be liable for the costs and expenses of the prevailing party, including
EXCEPT AS SPECIFICALLY MODIFIED HEREIN, ALL OF THE TERMS AND CONDITIONS OF THE CONTRACT SHALL REMAIN IN FULL FORCE AND EFFECT. IN THE EVENT OF A CONFLICT BETWEEN THIS AGREEMENT AND THE PURCHASE AGREEMENT, THIS AGREEMENT SHALL CONTROL, EXCEPT THAT IN THE CASE OF SUCH A CONFLICT AS TO THE DESCRIPTION OF THE PROPERTY OR THE IDENTITY OF THE BUYER OR SELLER, THE PURCHASE AGREEMENT SHALL CONTROL.
Entity Buyer:
__________________________________ Town of Morrisville
By: _______________________________
Name: _____________________________
Title: ______________________________
Date: ______________________________
Entity Seller:
___________________________________ Scoggins Ave LLC
By: _______________________________
Name: _____________________________
Title: ______________________________
Date: ______________________________
4827-3390-2847, v. 2
Town Council Agenda Item Report
Agenda Item No. 8.aSubmitted by: Eric SmithSubmitting Department Administration Meeting Date: October 26, 2021
SUBJECTProclamation Recognizing October as National Domestic Violence Awareness Month
Recommendation:N/AUpdates/History of Briefing:Not Applicable
Executive Summary and Background Information:N/A
Advisory Board/Committee Review:None
Insert Date of Advisory Board/Committee Review:
Advisory Board/Committee Recommendation and/or Vote:None
Potential Options:N/A
Staff Recommendation:N/A ATTACHMENTS• National Domestic Violence Awareness Month.pdf
Proclamation Recognizing October as
National Domestic Violence Awareness Month WHEREAS, Domestic Violence is defined as the willful intimidation, physical assault, battery, sexual assault, and/or other abusive behavior as part of a systematic pattern of power and control perpetrated by one intimate partner against another. It includes physical violence, sexual violence, psychological violence, and emotional abuse. WHEREAS, in the United States, more than 10 million adults experience domestic violence annually; and WHEREAS; 1 in 4 women and 1 in 9 men experience severe intimate partner physical violence, intimate partner sexual violence, and/or intimate partner stalking, and WHEREAS, nearly 1 in 10 women in the United States and 1 in 71 men have been raped
by an intimate partner in her or his lifetime; and
WHEREAS, 1 in 2 female murder victims and 1 in 13 male murder victims are killed by intimate partners; WHEREAS, on average 4 women are murdered by an intimate partner every day in the United States, and WHEREAS, domestic violence does not discriminate and touches all communities regardless of age, race, disability, gender identity, or socioeconomic status; and WHEREAS, research shows that creating communities where people are connected, supportive and care for one another can reduce incidents of domestic violence. NOW, THEREFORE, the Town Council of the Town of Morrisville, does hereby recognize the month of October 2021 as National Domestic Violence Awareness Month and urges all residents to become involved in efforts to prevent and respond to domestic violence and show support for the numerous organizations and individuals who provide critical advocacy, services and assistance to victims.
_______________________ _______________________ TJ Cawley, Mayor Eric W. Smith II, Town Clerk
Town Council Agenda Item Report
Agenda Item No. 8.bSubmitted by: Michele StegallSubmitting Department Planning Meeting Date: October 26, 2021
SUBJECTPresentation of Marvin Collins Award for a Comprehensive PlanBynum Walter, APA-NC Awards Committee Co-Chair
Recommendation:N/A
Updates/History of Briefing:NA
Executive Summary and Background Information:NA
Advisory Board/Committee Review:None
Insert Date of Advisory Board/Committee Review:
Advisory Board/Committee Recommendation and/or Vote:None
Potential Options:NA
Staff Recommendation:NA ATTACHMENTS
Town Council Agenda Item Report
Agenda Item No. 8.cSubmitted by: Rick RalphSubmitting Department Information Technology Meeting Date: October 26, 2021
SUBJECTMobile Application PresentationRick Ralph, CIO
Recommendation:Receive information.
Updates/History of Briefing:N/A
Executive Summary and Background Information:The IT Department partnered with Agreeya to complete a discovery process for a potentialcustom mobile application for residents. This presentation will provide more detail about thediscovery process and demonstrate a conceptual design with potential features. There will betime at the end for questions/comments. The IT Department will provide a survey after themeeting to gather additional feedback/recommendations from Town Council for Phase 2.
Advisory Board/Committee Review:None
Insert Date of Advisory Board/Committee Review:
Advisory Board/Committee Recommendation and/or Vote:None
Potential Options:N/A
Staff Recommendation:Receive as information. ATTACHMENTS• 2021-426-0 IT Briefing_Supplement_Mobile_Application_Presentation.pdf
• 2021-426-0 IT Mobile_Application_Presentation.pdf
Updated: October 18, 2021 1 of 1
2021-426-0 IT BRIEFING SUPPLEMENT FOR MOBILE
APPLICATION PRESENTATION
Goals Objectives Improved transportation mobility – Enhance transportation options through improved accessibility, connectivity, and collaboration
☐ Obj. 1.1 Explore, evaluate, and enhance available mobility options ☐ Obj. 1.2 Collaborate with other government entities and the private sector to support development of transportation infrastructure and related plans ☐ Obj. 1.3 Explore and evaluate traffic management options
Thriving, livable neighborhoods – Enrich the quality of life through the preservation of natural resources, well-planned development and strengthened neighborhood vitality
☐ Obj. 2.1 Identify and expand housing options to meet current and future needs of the community ☐ Obj. 2.2 Utilize components within Town guiding documents to plan and provide for current/future infrastructure (other guiding plans may be included/referenced as identified or created) ☐ Obj. 2.3 Ensure responsible, sustainable development and redevelopment, reviewing and considering guidance in Town policies/plans
Engaged, inclusive community – Enrich the quality of life through programs, events, amenities, and services valued by the community
☐ Obj. 3.1 Validate community interests/desires/needs ☒ Obj. 3.2 Offer events and programs that meet the needs and interests of the community, and increase awareness of activities and opportunities for public engagement and collaboration ☐ Obj. 3.3 Create and promote both a community and staff environment that is welcoming to, inclusive of, and values diverse populations
Public safety readiness – Provide a safe and secure community through prevention, education, readiness, and response
☐ Obj. 4.1 Be operationally ready to meet public safety service demands of the community and staff, and demonstrate commitment to continuous service level improvement of all Town safety components, including police, fire, parks, streets, and facilities ☐ Obj. 4.2 Evaluate, enhance, and promote community educational opportunities and encourage preparedness
Operational excellence – Deliver exceptional service with an engaged workforce that effectively manages public assets and promotes transparency
☒ Obj. 5.1 Enhance community-facing programs and services ☐ Obj. 5.2 Commitment to professionalism and employee engagement ☒ Obj. 5.3 Leverage the use of technology to enhance efficiency, productivity, and service delivery
Economic prosperity – Promote a business-friendly environment to diversify the economic base and create job opportunities for an educated, ready workforce
☐ Obj. 6.1 Attract and retain businesses that provide a diverse economic tax base ☐ Obj. 6.2 Promote a business-friendly community, understanding business needs to support a ready workforce ☐ Obj. 6.3 Promote and advocate for public education needs
“Connect Morrisville” Strategic Plan Alignment
ToM Mobile AppPresented by Rick Ralph, CIO
October 26, 2021
Mobile App Discovery
• What is it?
• Why is it important?
• Who was involved?– Town Staff– Residents– Chamber of Commerce– Smart City Steering Committee– Town Council
2
The following design slides are conceptual and are only used for illustration purposes
Mobile App Concept*– Home
4 *Illustration purposes only
Mobile App Concept* - Map
5 *Illustration purposes only
Mobile App Concept* –Calendar/Menu
6 *Illustration purposes only
Mobile App Roadmap
Phase 1• Newsfeed• Push Notifications• Calendar (Events & Meetings)• Public Space Occupancy
(Smart City Dashboard)• Communications• Council Meeting Live Stream• Multiple Web Views (FAQs,
Directory, Garbage Schedule, e-permits/inspections, etc.)
7
Phase 2
• Chatbot
• Open Data Integration
• Transportation Services (Smart Shuttle)
• Surveys
• Historical Information
• Incident Reporting
• Gamification
Phase 3
• Features TBD
Estimated Timeline – Phase 1
• Design = 3-5 weeks
• Development = 10-18 weeks
• Beta Testing = 4-6 weeks
• Target Release Date = 7/2022-9/2022
8
Next Steps
• Council Feedback
• RFP – Phase 1
• Development – Phase 1
• Reassess Phase 2 Requirements
9
Questions?
Town Council Agenda Item Report
Agenda Item No. 8.dSubmitted by: Nancy EmslieSubmitting Department Finance Meeting Date: October 26, 2021
SUBJECTAudit Presentation/FY 2021 Annual Comprehensive Financial ReportNancy Emslie, Finance DirectorMark Stephens, ControllerApril Adams, Partner, Cherry Bekaert LLCOctober 26, 2021
Recommendation:Receive Audit Presentation/FY2021 Annual Comprehensive Financial Report (ACFR)
Updates/History of Briefing:Not Applicable
Executive Summary and Background Information:
Cherry Bekaert LLP has completed the annual audit for fiscal year ending June 30, 2021. Town staff has prepared the Annual Comprehensive Financial Report (ACFR) which includesthe ancillary financial statements of governmental activities, business-like activities, eachmajor fund, and the aggregate remaining fund information for the Town of Morrisville as ofJune 30, 2021.
The Town received an unqualified opinion that the financial statements present fairly, in allmaterial aspects, the financial position of the activities of the Town of Morrisville.
Ms. Adams will accompany staff in leading the audit presentation and discussion.
A PDF version of the audit presentation and ACFR will be provided once available from theauditors and will be sent via email to Town Council, and attached to the agenda prior to theOctober 26 meeting.
Advisory Board/Committee Review:None
Insert Date of Advisory Board/Committee Review:
Advisory Board/Committee Recommendation and/or Vote:None
Potential Options:Receive Audit Presentation/ACFR for FY2021Not receive Audit Presentation/ACFR for FY2021
Staff Recommendation:Receive Audit Presentation/ACFR for FY2021 ATTACHMENTS• 2021-353-0 BS Audit Presentation-FY2021 Annual Comprehensive Financial Report.pdf
Updated: October 4, 2021 1 of 1
2021-353-0 AUDIT PRESENTATION/FY2021 ANNUAL COMPREHENSIVE FINANCIAL REPORT
Goals Objectives Improved transportation mobility – Enhance transportation options through improved accessibility, connectivity, and collaboration
☐ Obj. 1.1 Explore, evaluate, and enhance available mobility options
☐ Obj. 1.2 Collaborate with other government entities and the private sector to support development of transportation infrastructure and related plans
☐ Obj. 1.3 Explore and evaluate traffic management options
Thriving, livable neighborhoods – Enrich the quality of life through the preservation of natural resources, well-planned development and strengthened neighborhood vitality
☐ Obj. 2.1 Identify and expand housing options to meet current and future needs of the community
☐ Obj. 2.2 Utilize components within Town guiding documents to plan and provide for current/future infrastructure (other guiding plans may be included/referenced as identified or created)
☐ Obj. 2.3 Ensure responsible, sustainable development and redevelopment, reviewing and considering guidance in Town policies/plans
Engaged, inclusive community – Enrich the quality of life through programs, events, amenities, and services valued by the community
☐ Obj. 3.1 Validate community interests/desires/needs
☐ Obj. 3.2 Offer events and programs that meet the needs and interests of the community, and increase awareness of activities and opportunities for public engagement and collaboration ☐ Obj. 3.3 Create and promote both a community and staff environment that is welcoming to, inclusive of, and values diverse populations
Public safety readiness – Provide a safe and secure community through prevention, education, readiness, and response
☐ Obj. 4.1 Be operationally ready to meet public safety service demands of the community and staff, and demonstrate commitment to continuous service level improvement of all Town safety components, including police, fire, parks, streets, and facilities
☐ Obj. 4.2 Evaluate, enhance, and promote community educational opportunities and encourage preparedness
Operational excellence – Deliver exceptional service with an engaged workforce that effectively manages public assets and promotes transparency
☐ Obj. 5.1 Enhance community-facing programs and services
☐ Obj. 5.2 Commitment to professionalism and employee engagement ☒ Obj. 5.3 Leverage the use of technology to enhance efficiency, productivity, and service delivery
Economic prosperity – Promote a business-friendly environment to diversify the economic base and create job opportunities for an educated, ready workforce
☐ Obj. 6.1 Attract and retain businesses that provide a diverse economic tax base
☐ Obj. 6.2 Promote a business-friendly community, understanding business needs to support a ready workforce
☐ Obj. 6.3 Promote and advocate for public education needs
“Connect Morrisville” Strategic Plan Alignment
Town Council Agenda Item Report
Agenda Item No. 8.eSubmitted by: Martha PaigeSubmitting Department Administration Meeting Date: October 26, 2021
SUBJECTQuarterly Economic Development ReportLinda Frenette, Morrisville Chamber of Commerce President
Recommendation:Receive report.
Updates/History of Briefing:Not Applicable
Executive Summary and Background Information:None
Advisory Board/Committee Review:None
Insert Date of Advisory Board/Committee Review:
Advisory Board/Committee Recommendation and/or Vote:None
Potential Options:N/A
Staff Recommendation:N;/A ATTACHMENTS• MCOC Quarterly Report 2021Q3.pdf
Morrisville Chamber of Commerce
Economic Development Report
Q3 2021
Active Prospects
A request for incentives for Project Demeter, a biotechnology manufacturing project, was
approved by Town Council August 24. The project is delayed until January 2022.
RFI/RFP Activity
In the third quarter of the year, 21 inquiries were received from Wake County Economic
Development.
Morrisville properties were submitted for four inquiries.
Representing Morrisville
• Submitted monthly reports for the Municipal Updates section of the electronic
newsletter, Wake County Economic Development Recap.
• Attended August WCED Partners Meeting to keep abreast of municipal activities
throughout the county and to report Morrisville news.
• Attended State of RDU quarterly update to Chamber, CVB and Economic Development
professionals
• Attended RTA Regional Leadership Retreat
Business Retention/Development
The Morrisville Chamber resumed in-person events in addition to some continued virtual
programming available to members and nonmembers:
• Issues Forum exploring the topic of sustainable energy in collaboration with the Town’s
Sustainability Coordinator
• 1 KNOW presentation on the topic of digital trends
• 1 Power of Inclusion program discussing advantages of neurodiversity in the workplace
• 1 Coffee & Connections networking event
• 2 Ribbon Cuttings
The Chamber provided a low cost promotional opportunity to all local small businesses to
participate in the digital passport component of the East Meets West celebration. Thirty
businesses, sponsors, and nonprofit organizations were represented in the passport.
The Board of Directors approved a new 3-year strategic plan focusing on four core areas:
1. Education and workforce development
2. Business retention, attraction, and expansion
3. Small business and entrepreneurship
4. Public policy and advocacy
The Chamber provided a letter in support of the USA Cricket bid to co-host the ICC Twenty20
World Cup with the West Indies in 2024.
Town Council Agenda Item Report
Agenda Item No. 8.fSubmitted by: Danielle KittredgeSubmitting Department Planning Meeting Date: October 26, 2021
SUBJECT2020 Census Results Summary and Current Population EstimateDanielle Kittredge, Senior Planner
Recommendation:Receive as information
Updates/History of Briefing:Not Applicable
Executive Summary and Background Information:Staff will present the most recently released 2020 Census demographic and housingcharacteristics data for the Town consisting of total population, voting age population, race,Hispanic or Latino origin, housing units, and group quarters population. Updated populationestimates, as of September 2021, which shows the Town population has surpassed 30,000will also be presented.
Advisory Board/Committee Review:None
Insert Date of Advisory Board/Committee Review:
Advisory Board/Committee Recommendation and/or Vote:None
Potential Options:N/A
Staff Recommendation:Receive presentation as information. ATTACHMENTS
• 2021-436-0 Briefing Supplement_Census Results.pdf• 2021-436-0 ATTH01_2020_Census_Results_Update.pdf• 2021-436-0 ATTH02_Population_Estimate_Sept2021.pdf
Updated: October 18, 2021 1 of 1
2021-436-0
2020 Census Results Summary and Current Population Estimate
Goals Objectives Improved transportation mobility – Enhance transportation options through improved accessibility, connectivity, and collaboration
☐ Obj. 1.1 Explore, evaluate, and enhance available mobility options ☐ Obj. 1.2 Collaborate with other government entities and the private sector to support development of transportation infrastructure and related plans ☐ Obj. 1.3 Explore and evaluate traffic management options
Thriving, livable neighborhoods – Enrich the quality of life through the preservation of natural resources, well-planned development and strengthened neighborhood vitality
☒ Obj. 2.1 Identify and expand housing options to meet current and future needs of the community ☐ Obj. 2.2 Utilize components within Town guiding documents to plan and provide for current/future infrastructure (other guiding plans may be included/referenced as identified or created) ☐ Obj. 2.3 Ensure responsible, sustainable development and redevelopment, reviewing and considering guidance in Town policies/plans
Engaged, inclusive community – Enrich the quality of life through programs, events, amenities, and services valued by the community
☐ Obj. 3.1 Validate community interests/desires/needs ☐ Obj. 3.2 Offer events and programs that meet the needs and interests of the community, and increase awareness of activities and opportunities for public engagement and collaboration ☒ Obj. 3.3 Create and promote both a community and staff environment that is welcoming to, inclusive of, and values diverse populations
Public safety readiness – Provide a safe and secure community through prevention, education, readiness, and response
☐ Obj. 4.1 Be operationally ready to meet public safety service demands of the community and staff, and demonstrate commitment to continuous service level improvement of all Town safety components, including police, fire, parks, streets, and facilities ☐ Obj. 4.2 Evaluate, enhance, and promote community educational opportunities and encourage preparedness
Operational excellence – Deliver exceptional service with an engaged workforce that effectively manages public assets and promotes transparency
☐ Obj. 5.1 Enhance community-facing programs and services ☐ Obj. 5.2 Commitment to professionalism and employee engagement ☐ Obj. 5.3 Leverage the use of technology to enhance efficiency, productivity, and service delivery
Economic prosperity – Promote a business-friendly environment to diversify the economic base and create job opportunities for an educated, ready workforce
☐ Obj. 6.1 Attract and retain businesses that provide a diverse economic tax base ☐ Obj. 6.2 Promote a business-friendly community, understanding business needs to support a ready workforce ☐ Obj. 6.3 Promote and advocate for public education needs
“Connect Morrisville” Strategic Plan Alignment
2020 Census Data UpdateDanielle Kittredge, PhD, AICP, Senior Planner
Town Council MeetingOctober 26, 2021
2020 Census Data Available
• Data summary files available – Released August 12, 2021– First product with demographic and housing characteristics– Lowest geography: Census block– Data:
• Total population; Voting age• Race• Hispanic or Latino origin• Housing units; Occupied/vacant• Group quarters population
• Next data release expected 2022– Schedule is still TBD
Total Population
251 1,022
5,208
11,915
18,576
23,699
29,630 29,92532,188
0
5,000
10,000
15,000
20,000
25,000
30,000
35,000
1980US Census
1990US Census
2000US Census
2004SpecialCensus
2010US Census
2015SpecialCensus
2020US Census
(April 1)
2020US Census
(July 1)
2021September
Estimate
Voting Age
73%
73%
27%
27%
0
5,000
10,000
15,000
20,000
25,000
30,000
2010 2020
Population 18 years and over
Population Under 18 years
18,576
29,630
Race
27% (5,058)
46% (13,717)
54%(10,030)
35%(10,430)
13%(2,402)
10%(2,935)
3%(624)
6%(1,702)
2%(375)
3%(737)
<1%(75)
<1%(102)
<1%(12)
<1%(7)
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
2010
2020
Asian alone White aloneBlack or African American alone Two or More RacesSome Other Race alone American Indian and Alaska Native aloneNative Hawaiian and Other Pacific Islander alone
Hispanic and Latino Population
94%
94%
6%
6%
0
5,000
10,000
15,000
20,000
25,000
30,000
2010 2020
Not Hispanic or LatinoHispanic or Latino
18,576
29,630
Housing Units
91%
94%
9%
6%
0
2,000
4,000
6,000
8,000
10,000
12,000
2010 2020
Housing Units Occupied
Housing Units Vacant
8,357
11,757
Discussion/Questions
SUMMARY29,9252,263
32,1881,192
33,380
Type of Unit Name of ProjectNumber of Units or
Bedrooms*** Approved
# of New Units Occupied (based
on CO's) (July 1, 2020 - Sept. 30 2021)
Estimated New Population
(July 1, 2020 - Sept. 30 2021)
Total # of Units Occupied
(based on CO's except for Apts.*)( as of Sept. 2021)
% of Units Occupied**
(as of Sept. 2021)
Estimated Add'l Population at
Final Buildout**
Projects Under ConstructionAlta Morrisville 250 0 0 0 0% 527Bainbridge Aviation Crossing 298 298 628 268 90% -Broadstone Trailside 263 263 554 237 90% -Davis Drive Apartments 49 0 0 0 0% 103Residence at Shiloh Crossing 318 318 670 286 90% -
Subtotal 1,178 879 1,851 791 - 630
Briar Pointe (formally Resort Lifestyle) (Bedrooms) *** 130 0 0 0 0% 130Hampton Place Townes 49 36 103 47 96% 6Myers Point Townes 99 41 117 92 93% 20North Hampton Townhomes 62 22 63 22 35% 114Thornebury (SFA) 28 0 0 0 0% 80
Subtotal 368 99 283 161 - 350
Greenwood Village 5 0 0 1 20% 11Mason Farm 39 31 89 31 79% 23Providence Estates 4 0 0 0 0% 11Thornebury (SFD) 36 0 0 0 0% 103Villas at Sunset 31 11 31 13 42% 51Wilson Road Subdivision (Cul-de-Sac) 4 0 0 0 0% 11Woods at Fairbanks 54 1 3 54 100% -Other / No Specific Community 2 2 6 2 100% -
Subtotal 175 45 129 101 - 212TOTAL (Projects Under Construction) 1,721 1,023 2,263 1,053 - 1,192
The population estimate for renter occupied (apartments) uses an average of 2.34 persons per dwelling unit/household. The population estimate for owner-occupied (condominiums, townhomes, and single-family homes) uses an average of 2.86 persons per dwelling unit/household (Source: April 9, 2015 Special Census - Morrisville town, North Carolina). Additionally, if a Certificate of Occupancy (CO) has been issued, staff presumed persons had established residency.
*Apartments occupancy rate is estimated. **Staff used a conservative 90% occupancy and buildout rate for apartments to account for fluctuations. *** Group Quarters - staff estimated 1.00 persons per bedroom.
Single Family Detach
Estimated Population By Type of Dwelling Unit(Town of Morrisville Corporate Limits and ETJ)
Updated through September 2021 by Town of Morrisville Planning Department
July 1, 2020 U.S. Census Population EstimateJuly 1, 2020 - Sept. 30, 2021 Est. Population Change
Population Estimate (as of Sept. 2021)Est. Add'l Pop. at Buildout of Approved Projects
Est. Total Population after Final Buildout of Approved Plans
September 2021 Population Estimate
Estimated Population at Buildout of Approved Projects
Single Family
Attach (TH/ Condo)
Multi Family (Apts)
Town Council Agenda Item Report
Agenda Item No. 9.aSubmitted by: Brandon ZuidemaSubmitting Department Administration Meeting Date: October 26, 2021
SUBJECTPop Up Dog Park Bryan Rhea, Athletics Supervisor
Recommendation:NoneUpdates/History of Briefing:Not Applicable
Executive Summary and Background Information:
The Town’s Parks and Recreation staff piloted a series of Pop-Up Dog Park sessions during thesummer of 2021. This request from the community was intended to provide a temporaryamenity for dog owners and to assess the need justification for and interest in a permanent dogpark in Morrisville. The Parks, Recreation and Cultural Resources Advisory Committeesupported the creation and facilitation of this pilot program. The purpose of this document isto summarize, and update Town Council on the Pop-Up Dog Park (PUDP). The summary willdetail the staffing, program schedule, program surveys, program data, and potential next stepson what is recommended based on the staff evaluation of the program.
Advisory Board/Committee Review:None
Insert Date of Advisory Board/Committee Review:
Advisory Board/Committee Recommendation and/or Vote:None
Potential Options:NA
Staff Recommendation:NA ATTACHMENTS• 2021-433-0 BS PUDP Admin Report.pdf• 2021-433-0_Pop_Up_Dog_Park Admin_Report .pdf
Updated: October 16, 2021 1 of 1
2021-433-0 ADMINISTRATIVE REPORT
POP-UP DOG PARK
Goals Objectives Improved transportation mobility – Enhance transportation options through improved accessibility, connectivity, and collaboration
☐ Obj. 1.1 Explore, evaluate, and enhance available mobility options
☐ Obj. 1.2 Collaborate with other government entities and the private sector to support development of transportation infrastructure and related plans
☐ Obj. 1.3 Explore and evaluate traffic management options
Thriving, livable neighborhoods – Enrich the quality of life through the preservation of natural resources, well-planned development and strengthened neighborhood vitality
☐ Obj. 2.1 Identify and expand housing options to meet current and future needs of the community
☐ Obj. 2.2 Utilize components within Town guiding documents to plan and provide for current/future infrastructure (other guiding plans may be included/referenced as identified or created) ☐ Obj. 2.3 Ensure responsible, sustainable development and redevelopment, reviewing and considering guidance in Town policies/plans
Engaged, inclusive community – Enrich the quality of life through programs, events, amenities, and services valued by the community
☒ Obj. 3.1 Validate community interests/desires/needs
☒ Obj. 3.2 Offer events and programs that meet the needs and interests of the community, and increase awareness of activities and opportunities for public engagement and collaboration
☐ Obj. 3.3 Create and promote both a community and staff environment that is welcoming to, inclusive of, and values diverse populations
Public safety readiness – Provide a safe and secure community through prevention, education, readiness, and response
☐ Obj. 4.1 Be operationally ready to meet public safety service demands of the community and staff, and demonstrate commitment to continuous service level improvement of all Town safety components, including police, fire, parks, streets, and facilities ☐ Obj. 4.2 Evaluate, enhance, and promote community educational opportunities and encourage preparedness
Operational excellence – Deliver exceptional service with an engaged workforce that effectively manages public assets and promotes transparency
☐ Obj. 5.1 Enhance community-facing programs and services
☐ Obj. 5.2 Commitment to professionalism and employee engagement
☐ Obj. 5.3 Leverage the use of technology to enhance efficiency, productivity, and service delivery
Economic prosperity – Promote a business-friendly environment to diversify the economic base and create job opportunities for an educated, ready workforce
☐ Obj. 6.1 Attract and retain businesses that provide a diverse economic tax base ☐ Obj. 6.2 Promote a business-friendly community, understanding business needs to support a ready workforce
☐ Obj. 6.3 Promote and advocate for public education needs
“Connect Morrisville” Strategic Plan Alignment
1
Morrisville Parks, Recreation and Cultural Resources Pop-Up Dog Park Administrative Report
Bryan Rhea, Athletics Supervisor
October 19, 2021
I. Introduction
The Parks, Recreation and Cultural Resources Advisory Committee and Town Council had
expressed the need to assess the interest in a Dog Park in Morrisville. The purpose of this
document is to summarize the results of the Pop-Up Dog Park (PUDP) program that staff
implemented during the summer of 2021 and make recommendations for future PUPD
opportunities for our community.
II. Location – Morrisville Community Park (MCP)
Staff determined that MCP was the best location to coordinate the program. MCP is the only
park with fenced areas to accommodate large and small dogs simultaneously. Parks, Recreation
and Cultural Resources and Public Works staff worked together to assess the impact of this use
on athletic fields. The assessment concluded that the wear and tear on the turf (outfield) would
be minimal. There was only minimum impact on the dirt (infield) area on fields one and two.
Staff worked to identify problem areas with the fence on field two that may be problematic and
allow dogs to escape the containment area. Public Works staff is scheduling work to address
gaps in the fencing over the winter months.
III. Equipment and Staffing
During each session, Parks and Recreation scheduled a minimum of 3 staff persons to cover
program needs. These staff consisted of a combination of both full-time as well as part-time
staff. Parks and Recreation staff was assigned to sign in participants, answer general program
questions, assist participants during their time on-site and assist with registration during the
program registration period. Public Works staff helped with any facility issues that may have
come up during the program. In total, Parks and Recreation staff reported 180 hours of
supervised programming for the PUDP. Public Works staff provided 1 hour of support per
session.
IV. Program Development
The program consisted of five summer sessions held from May through September. Of the
sessions, three were one-hour scheduling blocks due to concerns with COVID-19 social
distancing restrictions. As recommendations regarding the number of people in outdoor spaces
changed, staff adjusted the program structure. For the final two sessions, staff allowed
participants the opportunity to register for the program and arrive at the park during the time the
park was open.
2
Program sessions
Session 1 – 3
Field 1 (large dogs) - 9 am, 10:15 am, 11:30 am, 12:45 am, 2 pm, 3:15 pm
Field 2 (small dogs) - 9:30am, 10:45 am, 12 noon, 1:15 pm, 2:30 pm, 3:45 pm
Sessions 4 – 5
Field 1 (large dogs) - 9 am – 2pm
Field 2 (small dogs) - 9 am – 2pm
The ActiveNet software was the primary point of registration for the PUDP program. All backup
documentation was submitted by email before the close of registration on Friday prior to each
session. On-site registration was permitted if there was space available after the close of the
registration period. The on-site registrants followed the requirements of those who registered
online. This included providing proof of vaccination for the registered canine(s) that would enter
the program area as well as completion of the participation waiver.
This program was different in that it required staff to verify current canine vaccinations and
collect a waiver with the information included. Some registrants required initial assistance
setting up an account in AcitveNet but were able to register for the following sessions
independent of staff. The ActiveNet software tracked registration during and following the
registration period. However, compiling documents, ensuring forms were complete and proof of
vaccination was challenging. With this information being necessary, for liability reasons, we will
explore ways to simplify collection, if possible.
V. Pop-Up Dog Park Program Participant Data
The participants that registered for multiple sessions are estimated to have attended 3 out of the
5. There was a total of 132 registrations taken over the course of the program (broken down by
sessions below) with 21 of those registrants not attending in total. Of the 132 registrations, 69 of
the people that attended were unique users. Additionally, of the total 132 registrations, 47
registrations were taken for the small dog park and 85 for the large dog park. During all PUDP
sessions, only one altercation occurred that required the dogs to be physically separated.
Pop-up Session Total Registrations
1 24
2 29
3 21
4 39
5 19
132
3
VI. Program Survey Results
Staff sent out surveys to program participants to gather feedback on the program. There were 28
responses to the surveys that allowed staff to hear how those that participated felt about the
program. We asked participants if they had permits to take their dogs to local municipal parks
and comment on their experience.
A summary of the survey data:
1. How Many Sessions did you attend?
On average, respondents attended 3 of 5 sessions.
2. Do you have a Dog Park registration with another municipal organization?
Durham-2
Cary-5
None-18
3. How would you rate our Summer Pop-Up Dog Park Amenity?
Respondents rated the program 4.28 out of 5
4. Are you interested in other Pop-Up Dog Park opportunities?
Yes-27
No-1
5. What specific requests would you have if offered again? If so, please briefly provide us with
your recommendation(s).
A. Have more options other than Sundays in the middle of summer heat.
B. Signs around the community and a better social media presence. We heard about
the PUDP through word of mouth.
C. There needs to be some shaded area and somewhere to sit.
D. More often and some choice for early evenings during the weekdays.
E. Maybe restrict toys being brought; it caused a small disagreement with the dogs.
F. No recommendation. I just hope we could have a dog park we could go to at any
time.
G. The pop-up makes it a fun scheduled activity, but I would love to just go to a
place anytime.
H. Don't have sign-up times. Have it open for the day.
I. I don't care for having a "POP UP" dog park. With all the money Morrisville is
spending on Parks it's not too much to ask to have a permanent, everyday dog park as
well.
J. Pls, take into consideration the AGE of the dogs. Our pup is 40lbs, 6 months old.
She is still intimidated by bigger dogs. We had to leave because she was afraid of the
bigger dogs.
K. Make a permanent dog park. Or do it 2 times per month, or even weekly.
4
L. It was great, we’d love to see the event continue to happen occasionally, even in
colder months. Our dog Cleo had so much fun!! Thank you!
M. I follow you on Twitter but must have missed the kickoff for the dog park and
only found out for the last two. More advertising for these awesome events!
N. Would like open hours and days with no sign-up needed.
O. A shaded area for the owners with or without chairs/tables would be nice.
Concern about dogs being able to escape through the outfield gates… day rather than
time was good.
P. My recommendation for a permanent dog park in Morrisville is that can happen
now and at relatively little cost. Build a simple dog park inside a TOM park that already
exists on greenspace that hardly gets used. This way no land has to be purchased and it
doesn’t have to take years of planning and approvals (I would hope) and building. For
example, there is a HUGE amount of green space inside the walking track at Northwest
Park that is rarely used for any recreation. Half, just half, of that space could be enclosed
with a fence to create a dog park.
VII. Future Program Planning
Parks and Recreation staff reviewed all comments from the surveys and will be looking at
options for incorporating feedback into future programming sessions. Staff will evaluate what
options are available in the spring once spring baseball registration has concluded. Given the
limited number of fenced areas in the Town, there may be an additional need to modify fields or
open spaces to facilitate the program. If staff can find other fields, youth baseball would continue
as scheduled.
Expanding the program into colder months would prove problematic. The outfield is dormant
Bermuda grass. Continuing the program would impact the growth of the grass due to the
potential traffic on the fields from November thru February. Beginning late February, the Spring
youth baseball program will begin training and practicing for the upcoming season, and the
baseball season concludes in June. During those months, baseball activities will take place six to
seven days each week.
VIII. Recommendations
To minimize scheduling conflicts and to accommodate weather changes, staff proposes to
continue to offer the PUDP from May to September in 2022.
Based on feedback received, staff will evaluate the need of offering the program during the week
in addition to the weekend. Recreation staff will also see if it is feasible to facilitate the program
in the evening hours and allow walk-up registration. Recreation staff will increase its marketing
efforts by implementing a phased advertising plan utilizing the Town website, social media,
Homeowner Associations, and other marketing strategies.
The initial implementation of the PUDP sessions was a success for participants that used the
amenity. The staff would like to create more usage of the PUDP amenity as Town Council
considers a permanent dog park in the future CIP discussions.
Town Council Agenda Item Report
Agenda Item No. 11.aSubmitted by: Brandon ZuidemaSubmitting Department Administration Meeting Date: October 26, 2021
SUBJECTProposed Cricket Agreement with American Cricket Enterprises (ACE)Brandon Zuidema, Assistant Town ManagerBrief - October 26, 2021Action - November 9, 2021
Recommendation:Receive information.
Updates/History of Briefing:N/A
Executive Summary and Background Information:Staff have been working with American Cricket Enterprises (ACE) to negotiate a ten-yearagreement for world-class cricket to be played at Church Street Park. The proposedagreement calls for ACE to make use of ten (10) weekends per season, includes joint fundingof improvements to the existing park (upgrades to seating capacity and broadcastcomponents) and the three (3) acres the Town currently owns directly to the south of the park(the "southern lot"), and a revenue share for the Town to recoup its investment. The revenueshare of 20% annually over the course of the ten (10)-year agreement is based on grossrevenues related to ACE cricket operations minus operational costs for ACE cricket events. The agreement calls for improvements to Church Street Park (to provide upgraded sightscreens, seating facilities and bleachers for spectators, boundary nets for Church Street,hospitality areas, and other infrastructure needed for television broadcast) at a cost of$1,500,000 with ACE responsible for $1,250,000 and the Town responsible for $250,000. Theagreement also calls for improvement to the southern lot (to provide practice pitches, parking,and recreational amenities that will be open to the public) at a cost of $2,250,000, all fundedby the Town. Staff will be providing Council with a summary overview of the full agreement and taking anyquestions on the agreement. Staff will also be addressing the funding methodology for thisagreement and how it potentially impacts other capital commitments currently underconsideration.
Advisory Board/Committee Review:None
Insert Date of Advisory Board/Committee Review:
Advisory Board/Committee Recommendation and/or Vote:None
Potential Options:Receive information and provide feedback
Staff Recommendation:Receive information and provide feedback. ATTACHMENTS• 2021-434-0_BS_Cricket_Agreement.pdf• 2021-434-0_RES_Approving_ACE_Cricket_Agreement.pdf• 2021-434-0 CPO Establishing Church Street Park Expansion Capital Project Fund.pdf• 2021-434-0_ATTH-01_Cricket_Agreement_Summary.pdf
Updated: October 21, 2021 1 of 1
BRIEF ITEM 2021-434-0 OF THE MORRISVILLE TOWN COUNCIL
REVIEWING A PROPOSED AGREEMENT WITH AMERICAN CRICKET ENTERPRISES.
Goals Objectives Improved transportation mobility – Enhance transportation options through improved accessibility, connectivity, and collaboration
☐ Obj. 1.1 Explore, evaluate, and enhance available mobility options
☐ Obj. 1.2 Collaborate with other government entities and the private sector to support development of transportation infrastructure and related plans
☐ Obj. 1.3 Explore and evaluate traffic management options
Thriving, livable neighborhoods – Enrich the quality of life through the preservation of natural resources, well-planned development and strengthened neighborhood vitality
☐ Obj. 2.1 Identify and expand housing options to meet current and future needs of the community ☒ Obj. 2.2 Utilize components within Town guiding documents to plan and provide for current/future infrastructure (other guiding plans may be included/referenced as identified or created)
☐ Obj. 2.3 Ensure responsible, sustainable development and redevelopment, reviewing and considering guidance in Town policies/plans
Engaged, inclusive community – Enrich the quality of life through programs, events, amenities, and services valued by the community
☒ Obj. 3.1 Validate community interests/desires/needs
☒ Obj. 3.2 Offer events and programs that meet the needs and interests of the community, and increase awareness of activities and opportunities for public engagement and collaboration ☒ Obj. 3.3 Create and promote both a community and staff environment that is welcoming to, inclusive of, and values diverse populations
Public safety readiness – Provide a safe and secure community through prevention, education, readiness, and response
☐ Obj. 4.1 Be operationally ready to meet public safety service demands of the community and staff, and demonstrate commitment to continuous service level improvement of all Town safety components, including police, fire, parks, streets, and facilities ☐ Obj. 4.2 Evaluate, enhance, and promote community educational opportunities and encourage preparedness
Operational excellence – Deliver exceptional service with an engaged workforce that effectively manages public assets and promotes transparency
☒ Obj. 5.1 Enhance community-facing programs and services
☐ Obj. 5.2 Commitment to professionalism and employee engagement ☐ Obj. 5.3 Leverage the use of technology to enhance efficiency, productivity, and service delivery
Economic prosperity – Promote a business-friendly environment to diversify the economic base and create job opportunities for an educated, ready workforce
☐ Obj. 6.1 Attract and retain businesses that provide a diverse economic tax base ☐ Obj. 6.2 Promote a business-friendly community, understanding business needs to support a ready workforce ☐ Obj. 6.3 Promote and advocate for public education needs
“Connect Morrisville” Strategic Plan Alignment
TOWN OF MORRISVILLE * 100 TOWN HALL DRIVE * MORRISVILLE, NC 27560
Page 1 of 1
RESOLUTION 2021-434-0 OF THE MORRISVILLE TOWN COUNCIL APPROVING AN AGREEMENT WITH AMERICAN
CRICKET ENTERPRISES (ACE) FOR PROFESSIONAL CRICKET AT CHURCH STREET PARK
WHEREAS, in 2019, American Cricket Enterprises (ACE) contacted the Town to seek a collaborative Public-Private Partnership to provide a venue for International, Major League, and Minor League Cricket at Church Street Park; and WHEREAS, the proposed agreement is for ten (10) years in a partnership with ACE where ACE uses Church Street Park on ten (10) weekends (and some corresponding weekdays) each year; and WHEREAS, the Agreement will result in changes to available public use of Church Street Park, including up to four weekends each year where the park may be closed to the public; and WHEREAS, the Agreement includes ACE investment in Church Street Park of upgraded sight screens, seating facilities and bleachers for spectators, boundary nets for Church Street, hospitality areas, and other infrastructure needed for television broadcast; and WHEREAS, the Agreement includes construction of practice pitches, parking, and other recreational amenities for community use on Town-owned property immediately to the south of Church Street Park (the “southern lot”); and WHEREAS, the Town will maintain the field and amenities in Church Street Park and on the southern lot and ACE will be responsible for other services during matches such as off-site parking and shuttles, on-site concessions, and event management; and WHEREAS, the Agreement requires investment by the Town to support enhanced cricket play and the additional desired amenities for community use of approximately $2,500,000; and WHEREAS, ACE has agreed to a 20% net revenue share for each year of the Agreement in accordance with the net revenue share formula outlined in the Agreement; and WHEREAS, the Agreement authorizes ACE to identify a naming sponsor for the Venue during cricket matches with that sponsorship money included in the net revenue share. NOW, THEREFORE, BE IT RESOLVED THAT THE MORRISVILLE TOWN COUNCIL hereby authorizes the Town Manager to execute an agreement with American Cricket Enterprises (ACE) for professional cricket at Church Street Park in accordance with the summary of terms outlined in ATTH 01. Adopted this the 9th day of November 2021. ______________________________ TJ Cawley, Mayor ATTEST: ________________________ Eric W. Smith II, Town Clerk
TOWN OF MORRISVILLE * 100 TOWN HALL DRIVE * MORRISVILLE, NC 27560
Page 1 of 2 Preceding Ordinances amended: New Fund
CAPITAL PROJECT ORDINANCE 2021-434-0 OF THE
MORRISVILLE TOWN COUNCIL ESTABLISHING THE CHURCH STREET PARK EXPANSION CAPITAL PROJECT
BE IT ORDAINED by the Morrisville Town Council that, pursuant to NC General Statute 159-132, the following capital project ordinance hereby amends the Church Street Park Capital Project Ordinance: Section 1: The project authorized is for the purpose of expanding the existing Church Street Park with the intent to develop a world class cricket facility and adding other complementary park amenity upgrades. This includes the design and construction of public improvements including any additional land acquisition as it relates to the project. The project scope may become more defined as the design progresses. Section 2: The Town Manager is hereby directed to proceed with the capital project within the terms of the budget contained herein. Section 3: The following amounts are appropriated for the project:
Budgeted Expenditures Current Proposed Professional Services/Design/CEI - 500,000 Land Acquisition - - Capital Outlay – Infrastructure - 3,250,000 Total $ 0 $3,750,000
Section 4: The following revenues are anticipated to be available to complete this project:
Budgeted Revenues Current Proposed American Cricket Enterprises (ACE) Contribution
- 1,250,000
Transfer from General Fund - Fund Balance
- 2,500,000
Total $ 0 $3,750,000 Section 5: This will result in an original budgetary appropriation of $3,750,000 to establish the Capital Project Ordinance to expand the existing Church Street Park. The budget is balanced in accordance with the Local Government Budget and Fiscal Control Act. Section 6: The Town Manager may make Interfund Loans as necessary for cash flow needs pending receipt of debt proceeds and/or reimbursement grants or agreements. Such transactions will comply with financial reporting requirements. Section 7: The Finance Officer is hereby directed to maintain within the Capital Project Fund sufficient specific detailed accounting records to satisfy the requirements of the financing agreement(s).
Page 2 of 2 Preceding Ordinances amended: 2016-082A, 2017-116, 2018-145, 2019,100-B, 2020,17
Section 8: Reimbursement requests should be made to the granting agencies and/or the General Fund in an orderly and timely manner if necessary.
Section 9: The Town Manager has the authority to transfer funds; both expenditures and revenues, between accounts listed in Sections 3 and 4 as may be necessary, provided however that the total expenditures equal the total revenues and that expenditures may not exceed the project total without amendment by this Council. Section 10: Copies of this capital project ordinance shall be furnished to the Town Clerk, Finance Officer, and the Budget Officer for direction in carrying out the project. This the 9th day of November 2021. ____________________________ TJ Cawley, Mayor ______________________________ Eric W Smith II, Town Clerk
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Town of Morrisville Proposed American Cricket Enterprises (ACE) Agreement
Highlights for Town Council
October 26, 2021 The following is a summary of the key points in the proposed cricket agreement between the Town and American Cricket Enterprises (ACE). As a reminder, the agreement has been reviewed by Town staff and the Town Attorney’s Office as a part of the development process.
Recitals
This section addresses overall goals of the agreement:
• To support the establishment of cricket as a mainstream sport in the U.S.
• To develop an international quality cricket facility in Morrisville.
• To develop a collaborative Public-Private Partnership.
Article I – Definitions
This section offers legal and operational definitions supporting the agreement and cricket matches at Church Street Park. These definitions also speak to the revenue share definition and related concepts for the agreement.
Article II – Grant of License
This section outlines the Town giving ACE a non-exclusive license to enter upon and use the property at Church Street Park. ACE acknowledges it does not and shall not claim any interest or estate of any kind under this license (excepting their investment in the park improvements).
Article III – Development of the Project
This section defines the initial project enhancements and the Town’s obligation to immediately commence design, permitting, and construction of the improvements once the agreement is signed.
• The initial project enhancements are defined as upgraded sight screens, seating facilities and bleachers for spectators, boundary nets for Church Street, hospitality areas, and other infrastructure needed for television broadcast.
• Speaks to collaboration on design and hiring of contractors for the park project and the southern lot. Town will manage all construction projects.
• Defines the “minimum user investment” for ACE as $1,250,000 toward the first $1,500,000 of improvements in the park with the Town responsible for the other $250,000. Any cost above $1,500,000 will be funded by ACE.
• The Town is responsible for design and construction of the southern lot improvements with an estimated cost of $2,250,000. ACE will provide the Town with $200,000 (of the $1,250,000) to be held toward southern lot design; should ACE not proceed with funding construction in the park, the money will be forfeited to the Town to cover the first $200,000 in our design costs.
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• ACE has acknowledged that construction in Church Street Park must comply with the Wake County UDO (as the park is not in the Town) and, in some cases, the Town’s UDO (particularly as it relates to lighting going off the property). ACE has also acknowledged that the construction on the southern lot must comply with the Town’s UDO.
ACE has acknowledged that the Town must submit any revisions to PARTF and LWCF for approval given the prior funding provided for the park.
ACE also has acknowledged that the Town does not have any control over approvals from Wake County, PARTF, or LWCF.
• ACE will provide the remaining funds for the park improvements once a general contractor is approved by the Town and ACE for construction.
• ACE maintains ownership of the new amenities in the park for the duration of the agreement. Ownership transfers to the Town once the agreement ends.
• Requires the Town to design and construct the southern lot improvements (assuming ACE funds construction in the park). Deadline for construction of park and southern lot improvements to be complete is April 2023 (ahead of the 2023 cricket season).
Article IV – Facility Usage and Scheduling
This section defines the approved use of the project (Church Street Park and the southern lot) for the course of the agreement:
• ACE will make use of ten (10) weekends (and some corresponding weekdays) during the 20-weekend season each year.
• Restricts ACE from leasing or renting the project space to another league or organization.
• Requires ACE to submit their reservation requests by February 28 each year for coordination of scheduling, with scheduling to be complete by the end of March.
• Defines “Tier I” and “Tier II” cricket matches:
o Tier I matches are anticipated to be between 3,000 and 4,000 spectators at any given time and may close the tennis courts, Church Street Park, and the southern lot depending on the scope of the match(es). ACE must provide a minimum of 90-days’ notice for scheduling of any Tier I match (Town acknowledges that sometimes USA or international matches may not be scheduled by March).
o Tier II matches are expected to draw smaller crowds and will allow the tennis courts and the park and southern lot to remain open to the public.
o ACE will be responsible any off-site parking and shuttling that is necessary (typically Tier I matches). ACE is also responsible for organization and management of matches and any additional player accommodations, equipment and supplies, and concessions.
o Town will provide janitorial services, ground staff, and scheduling of security as needed based on the scope of the match(es). Town will also take the lead on any required permitting for matches.
o All expenses will be a part of the revenue share (see Article VI).
• Requires ACE to stage no fewer than 15 matches every year – with those matches coming from international matches, USA Cricket matches, Major League Cricket matches, and Minor League Cricket matches (including the Morrisville Cardinals).
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• Town agrees to maintain the practice pitches in good condition; ACE will have access to one-half of the practice pitches during their exclusive weekends (and weekdays) ensuring some are always open to the public.
• ACE agrees to make use of Wake County hotels for any reservations they control so long as those hotels can provide the necessary amenities (particularly in the event of team stays).
Article V – Trade Name
ACE will have the right to select the name of the venue (the cricket field) and all sponsorship assets, including one or more commercial sponsors for which the venue will be named from time to time. Town will maintain right of approval of any proposed sponsor(s). The sponsor cannot refer to any other geographic description other than one using “the Town of Morrisville” or “Morrisville.”
Any selected sponsor will also have to meet LWCF and PARTF requirements based on their existing grant funding in the park.
Article VI – Revenue Sharing
ACE has agreed to a 20% net revenue share each year over the course of the ten-year agreement. Given ACE’s current model, that is predicted to be $4,000,000. ACE will provide a semi-annual report detailing their net revenues along with a Net Cash Flow report and any other reports as may be requested by the Town for tracking purposes. Given estimated expenses, this should net the Town $1,000,000 after operational expenses and repayment of our additional investment.
The agreement identifies the following revenue categories as included in calculation of the revenue share:
“Ticket sales, sponsorship/naming revenues, onsite advertising, concessions, rental, suite revenues, parking revenues, all rents or fees payable by any tenants and concessionaires in respect of such period, proceeds of business interruption insurance (to the extent that the same is for reimbursement of lost income and not for additional or other expenses), taxes and service charges required by law to be collected from customers and patrons of the Venue and all other revenues and/or income that is deemed to be Gross Revenues as set forth in this Agreement.”
The agreement identified the following as operating expenses included in calculation of the revenue share:
“(a) Event management fees, staffing fees, parking expenses and fees, management fees, (b) expenses to install and remove any temporary facilities to increase spectator capacity, (c) Parking and Shuttling Expenses, (d) Tier-I and -II Ancillary Expenses, (e) Tier-I Temporary Facility Expenses, (f) the cost of any traffic, parking, feasibility, environmental study required for permits and approvals relating to the Venue, (g) any cost or expense that is deemed to be an Operating Expense as set forth in this Agreement, (h) any taxes or fees payable by User in respect of User’s use of the Project or Property (including any permit fees and local sales taxes) and (i) all other costs and expenses related to staging of the Matches.”
Article VI also restricts the Town from hosting “Competitor Cricketing Events” – essentially limiting our ability to host tournaments and larger scale events to those scheduled by ACE. We do not see this as an issue given the schedule is anticipated to be full based on use by ACE and TCL.
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Article VII – International Cricket Council
ACE and the Town agree to collaborate to maintain the existing park amenities and the project enhancements in support of ICC accreditation to allow for staging of Twenty20 International and ODI matches involving full ICC members.
Article VIII – Force Majeure Event
This section affords either party to be excused from an agreement requirement if that failure to meet the requirement was the result of a Force Majeure Event.
Article IX – Term and Termination
This agreement is a ten-year agreement that will technically commence once all park and southern lot improvements are complete to allow for International and Tier I matches to be staged. We anticipate the agreement technically commencing in 2023; however, the agreement includes language for use of the project during 2022 where possible given some of the current limitations. ACE has agreed to the revenue share for any net revenues in 2022.
The agreement may be terminated by mutual written agreement or by ACE or the Town with notice as required in the agreement.
ACE has the option to extend the ten-year agreement for an additional three years by giving notice in year eight or year nine. Town agrees to an exclusive negotiation period (from eighteen months remaining to three months remaining) with ACE for the extension prior to reaching out to other potential users.
Article X – Insurance
The insurance requirements have been reviewed by our Risk Manager and our insurance company and are consistent with coverage we already maintain for other Town facilities.
ACE and the Town both agree to hold the other harmless for any injury, death, or damage resulting solely from one party’s action or inaction.
Article XI – Miscellaneous
This section includes the legal requirements regarding the agreement, notices, and potential successors and/or assigns. This has been reviewed by ACE attorneys and the Town’s Attorney and staff and complies with common legal practices and requirements.
Town Council Agenda Item Report
Agenda Item No. 14.aSubmitted by: Caleb AllredSubmitting Department Planning Meeting Date: October 26, 2021
SUBJECTMorrisville - Cary Border AlignmentCaleb Allred, Transportation Planner I
Recommendation:Receive as information and decide future action.
Updates/History of Briefing:Not Applicable
Executive Summary and Background Information:
The rapid expansion of Morrisville and Cary during the last 40 years has created a confusingboundary separating the two jurisdictions. The challenges this boundary creates manifestsitself when undeveloped properties along the boundary find themselves isolated from the restof their jurisdiction making them difficult to develop, when a development site is in bothcommunities and needs to meet the requirements in two separate codes and go through tworeview processes and in the confusion sometimes created with the provision of municipalservices. Staff from both communities began to discuss this issue in 2018 after findingdifficulties working through a large development on both sides of the Morrisville-Caryboundary. Since that time Morrisville and Cary staff have been meeting to identify areas of theboundary that could benefit from adjustment and have mapped a proposed boundaryrealignment. The proposed realignment is supported by the Planning, Police and FireDepartments in both communities. The following list are examples of key concerns addressedin the proposed boundary change:
Isolated developed and undeveloped properties where municipal service provision andgeneral access are only available when crossing through the other community.Small, undeveloped properties along the boundary that could be developed as part of alarger grouping of properties but are discouraged from doing so by the current location ofthe boundary.Locations in which the current boundary bisects a non-residential property.Places where the boundary intersects or meanders down a street, creating confusionand complicating emergency response.
Cedar Fork Park is currently leased by the Town of Morrisville, owned by Wake County,and within the Town of Cary’s jurisdiction. The coordination between the organizations toreview special event permits, make changes to the property, etc. can be cumbersome.The proposed realignment would simplify these processes. A portion of Wake County property adjacent to the proposed Public Works facility andwhich is part of overall area to be incorporated into the Public Works redevelopment iscurrently within the Town of Cary. Amendment of the boundary line in this area wouldsimplify the review process for the redevelopment.
To move forward with the proposed realignment of Corporate Limits, Town Councils from bothjurisdictions would need to approve the proposal, the Wake County local delegation wouldneed to be in support, and NCDOT would need to be in support where NCDOT right of way(ROW) is involved. Once all entities are in support, the proposal would be submitted to theNorth Carolina General Assembly for review and decision. Where only Extraterritorial PlanningJurisdiction (ETJ) boundaries are being moved, the final decision will go before the WakeCounty Board of Commissioners.
If Morrisville and Cary decide to proceed with the project, the next step would be to reach outto the affected property owners. If after receiving stakeholder input both communities stillwant to proceed, Morrisville and Cary staff would work to obtain the necessary approvals fromNCDOT and Wake County and to have a bill ready around March of 2021 for the shortsession.
NOTE: A larger boundary map will be provided during the meeting.
Advisory Board/Committee Review:None
Insert Date of Advisory Board/Committee Review:
Advisory Board/Committee Recommendation and/or Vote:None
Potential Options:- Continue project with current map, negotiate amendment of current map and move forwardwith project- Do not move forward with project.
Staff Recommendation:
Staff recommends moving forward with this project using the map negotiated betweenMorrisville and Cary staff. ATTACHMENTS• 2021-376-0 Morrisville Border Alignment Project Supplement.pdf• 2021-423-0 Morrisville Border Alignment Presentation.pdf
Updated: October 11, 2021 1 of 1
ITEM 2021-423-0 MORRISVILLE CARY BORDER ALIGNMENT
MAP
Goals Objectives Improved transportation mobility – Enhance transportation options through improved accessibility, connectivity, and collaboration
☐ Obj. 1.1 Explore, evaluate, and enhance available mobility options ☐ Obj. 1.2 Collaborate with other government entities and the private sector to support development of transportation infrastructure and related plans ☐ Obj. 1.3 Explore and evaluate traffic management options
Thriving, livable neighborhoods – Enrich the quality of life through the preservation of natural resources, well-planned development and strengthened neighborhood vitality
☐ Obj. 2.1 Identify and expand housing options to meet current and future needs of the community ☒ Obj. 2.2 Utilize components within Town guiding documents to plan and provide for current/future infrastructure (other guiding plans may be included/referenced as identified or created) ☐ Obj. 2.3 Ensure responsible, sustainable development and redevelopment, reviewing and considering guidance in Town policies/plans
Engaged, inclusive community – Enrich the quality of life through programs, events, amenities, and services valued by the community
☐ Obj. 3.1 Validate community interests/desires/needs ☐ Obj. 3.2 Offer events and programs that meet the needs and interests of the community, and increase awareness of activities and opportunities for public engagement and collaboration ☐ Obj. 3.3 Create and promote both a community and staff environment that is welcoming to, inclusive of, and values diverse populations
Public safety readiness – Provide a safe and secure community through prevention, education, readiness, and response
☐ Obj. 4.1 Be operationally ready to meet public safety service demands of the community and staff, and demonstrate commitment to continuous service level improvement of all Town safety components, including police, fire, parks, streets, and facilities ☐ Obj. 4.2 Evaluate, enhance, and promote community educational opportunities and encourage preparedness
Operational excellence – Deliver exceptional service with an engaged workforce that effectively manages public assets and promotes transparency
☒ Obj. 5.1 Enhance community-facing programs and services ☐ Obj. 5.2 Commitment to professionalism and employee engagement ☒ Obj. 5.3 Leverage the use of technology to enhance efficiency, productivity, and service delivery
Economic prosperity – Promote a business-friendly environment to diversify the economic base and create job opportunities for an educated, ready workforce
☐ Obj. 6.1 Attract and retain businesses that provide a diverse economic tax base ☐ Obj. 6.2 Promote a business-friendly community, understanding business needs to support a ready workforce ☐ Obj. 6.3 Promote and advocate for public education needs
“Connect Morrisville” Strategic Plan Alignment
Morrisville – Cary Border Alignment
October 26, 2021Caleb Allred, Planner I - Transportation
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Boundary Map
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Project Overview
• Discussions began in 2018 after staff from both towns recognized several concerns with the boundary alignment
• The project was paused during COVID-19
• Suggested Discussion: To move forward with this project or not
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Issues/Concerns
• Unclear boundary at the street • Only having access by crossing the boundary
• Non – commercial properties that are bisected by the boundary
• Properties that are isolated from their jurisdiction4
Issues/Concerns Cont.
• Wake County owned, leased by the Town of Morrisville, in the Town of Cary • Public Works facility redevelopment
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Major Key Areas
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10.88 Acres$11,661,770
Tax Base
35.13 Acres$4,961,268Tax Base
~78 AcresPublic Land
From Cary toMorrisville
From Morrisville to Cary
Budget Impact
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Tax Base Impact Ad Valorem Revenue Impact
Gained Buildout
Potential Up to $90K Annually
Loss $30K Annually
Total Value to Cary $13.6M
Total Value to Morrisville
$5.6M
Initial Tax Base Loss
$8M
Values shown are rounded for illustrative purposes
Budget Impact Cont.
Gains
• Recoverable Loss in Ad Valorem Revenues Annually
• Prime Vacant Available Land• Added Future Tax Base Growth
Potential• Current Interest in Target
Properties
Loss
• Initial Loss in Ad Valorem Revenue
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Operational Benefits
• Clearer boundaries for emergency services• Less properties within both jurisdictions (properties split in half by the
boundary)• More land for the Public Works facility• Less confusion when planning for and using the Cedar Fork District Park.
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Next Steps
2. Get feedback from property owners/community members/NCDOT
1. Cary will also need to direct their staff to continue with this process.
3. Submit all applicable documentation to the General Assembly/Wake County for review and decision. Expected session beginning March 2022.
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Questions or Comments
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