HomeMy WebLinkAboutSW3230302_Development Agreement_20230314STATE OF NORTH CAROLINA )
DEVELOPMENT AGREEMENT
COUNTY OF UNION )
This Development Agreement (the "Agreement") is made and entered into this
day of , 2021 (the "Effective Date") by and among Bulldog Investment
Holdings, LLC (referred to as "Developer"), and the Town of Wingate, a North Carolina
municipal corporation ("Town').
STATEMENT OF PURPOSE
1. Section 160D-1001(a)(1) of the North Carolina General Statutes provides that
"development projects often occur in multiple phases over several years requiring a long-term
commitment of both public and private resources."
2. Section 160D-1001(a)(2) of the North Carolina General Statutes provide that "such
developments often create community impacts and opportunities that are difficult to accommodate
within traditional zoning processes."
2. Section 160D-1001(a)(3) of the North Carolina General Statutes provides that "because of
their scale and duration, such large-scale projects often require careful integration between public
capital facilities planning, financing, and construction schedules and the phasing of the private
development."
3. Section 160D-1001(a)(4) of the North Carolina General Statutes provides that "such
projects involve substantial commitments of private capital, which developers are usually
unwilling to risk without sufficient assurances that development standards will remain stable
through the extended period of development."
4. Section 160D-1001(a)(5) of the North Carolina General Statutes provides that "such
developments often permit communities and developers to experiment with different or
nontraditional types of development concepts and standards, while still managing impacts on the
surrounding areas."
5. Section 160D-1001(a)(6) of the North Carolina General Statutes provides that "to better
structure and manage development approvals for such developments and ensure their proper
integration into local capital facilities programs, local governments need the flexibility in
negotiating such developments."
6. Section 160D-1004 provides that a local government may enter into a development
agreement with a developer for the development of "developable property of any size."
7. In view of the foregoing, Sections 160D-1001 through Section 160D -1003 of the North
Carolina General Statutes expressly authorize local governments and agencies to enter into
development agreements with developers pursuant to the procedures and requirements of Article
10 of Chapter 160D, which procedures and requirements include approval of the development
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agreement by the governing body of the local government by ordinance after a duly noticed public
hearing.
BACKGROUND
1. Bulldog Investment Holdings, LLC is the owner of 4 tracts of land totaling approximately
61.00 acres parcel of land located in Wingate's extraterritorial jurisdiction (ETJ), and located east
of the Town's current cooperate limits of Wingate in Union County, North Carolina. The site is
bisected by Phifer Road and is designated as Parcel Numbers 02242027A (approximately 14.89
acres), 02242027B (approximately .99 acres), 02242026 (approximately 7.94 acres) and 02242027
(approximately 37.44 acres), on the Union County Tax Maps (the "Property"). The Property is
more particularly depicted on Exhibit A, a metes and bounds legal description of the property,
attached hereto, and incorporated herein by reference.
2. Developer desires to develop no more than 168 detached single family homes and no more
than 49 townhomes totaling 217 residential units on the Property (the "Project") in accordance
with the terms of this Agreement, the Concept Plan, attached as Exhibit B (defined below) and
the Town of Wingate Land Use Ordinance (the "Ordinance"). While certain sections of the
Ordinance have been referenced herein, Developer agrees and understands that the Project must
conform with the minimum standards of the Ordinance in addition to the agreed upon terms below.
3. After careful review and deliberation, the Town has determined that the Project is
consistent with the Ordinance and that it would further the health, safety, welfare, and economic
well-being of the Town.
Accordingly, Developer and the Town desire to enter into this Agreement for the purposes
of coordinating the construction of infrastructure that will serve the Project and the community at
large as well as necessary improvements and providing assurances to Developer and its successors
in interest that Developer may proceed with the development of the Project in accordance with the
terms of this Agreement and the approvals set forth herein without encountering future changes in
ordinances, regulations or policies that would affect Developer's ability to develop the Project
under the terms of this Agreement.
TERMS
NOW, THEREFORE, based upon the terms and conditions set forth herein and in
consideration of the mutual promises and assurances provided herein, the parties do hereby agree
as follows:
1. Public Hearing. Pursuant to Section 160D-1005 of the North Carolina General Statutes,
the Board of Commissioners conducted a public hearing on July 20, 2021 in accordance with the
procedures set out in N.C.G.S. § 160D-601 through §160D-605 , and it voted to approve this
Agreement on 2021.
2. Permitted Uses/Maximum Density. The Property is located in and may be devoted to the
uses permitted in the R-6 zoning district subject to conditional rezoning approval and this
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Agreement. Subject to the limitations set out herein and the Concept Plan, the Property may be
devoted to the uses and to the development densities set out below.
A. A maximum of 168 detached single family attached dwelling units may be developed on the
Property.
B. A maximum of 49 singly family attached dwelling units (townhomes) may be developed on
the Property.
C. Incidental and accessory uses relating to the foregoing residential uses that are permitted in the
R-6 zoning district may developed on the Property. Incidental and accessory uses may include,
amenities for the single family detached dwelling units and the single family attached dwelling
units.
D. A Private Sewer Treatment Facility shall not be permitted on the property
E. A Concept Site plan is attached hereto as Exhibit B and incorporated by reference. The
Concept Plan is subject to minor changes due to engineering requirements as approved by the
Development Administrator with respect to the locations of streets, lots, ponds, and open space
but shall comply with the overall appearance reviewed and approved by the Board of
Commissioners. The requirement of not more than 217 residential units/ lots is not subject to
change.
3. Development of the Property. The Property may be developed in accordance with the
Concept Plan, site development plan, which shall be submitted to, and is subject to the approval
of the Development Administrator, the associated permits, and the applicable provisions of the
Land Use Ordinance and the terms of this Agreement. The agreements of the Developer herein
are voluntary agreements.
4. Development Schedule. The property may be developed in accordance with the schedule
set out below, or as may be amended by the agreement of the parties to reflect actual market
absorption. Pursuant to N.C.G.S. §160D-1006(b), the failure to meet a commencement or
completion date does not, in and of itself, constitute a material breach of the development
agreement but must be judged on the totality of the circumstances. The development of the project
shall be occur no later than five (5) years after the effective date of this Agreement.
5. Transportation Improvements. The development of the Property shall comply with the
following transportation requirements as well as the standards set forth in Chapter 6.12 Street
Network and Connectivity of the Land Use Ordinance.
A. As depicted on the Concept Plan, the Property will be served by internal public streets.
Vehicular access shall be as generally depicted on the Concept Plan. All internal streets shall
intersect as nearly as possible at right angles, and no two streets may intersect as less than 60
degrees. No more than two streets may intersect at any one point, unless the North Carolina
Department of Transportation (NCDOT) certifies to the Administrator that such intersection can
be constructed with no extraordinary danger to public safety. In addition, proposed intersections
along one side of a street shall coincide with existing or proposed intersections on the opposite
side of such street. Where a centerline offset occurs at an intersection, the distance between the
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centerlines of the intersecting streets shall not be less than 150 feet. Developer will follow all
requirements on the Wingate Unified Development Ordinance regarding the construction of
streets.
B. Subject to the approval of NCDOT and the terms of this paragraph, Developer shall install
all of the transportation improvements that are required to be installed by the developer of the
Project in a Traffic Impact Analysis (TIA), which is to be conducted after Labor Day (September
6, 2021), and the Developer shall make all improvements specified in the TIA and all
improvements recommended by North Carolina Department of Transportation and in accordance
with the specifications of NCDOT.
C. Roadway and Pedestrian Infrastructure. The Developer will construct a 50 foot right of
way with 5-foot utility easements on each side for vehicles, utility, pedestrian, and bicycle
infrastructure, which includes a 5 foot side walk on both sides of the street, 5 foot planting strip
on both sides of the cross section, a 2 foot valley curb on both sides of the cross section, , as
depicted on the attached Exhibit C, as revised.
The roadway shall consist of 8 inches stone base (ABC), two inches of initial asphalt (S9.513), and
one inch of asphalt (S9.513) as a final layer once 90%+ of construction is complete. Stone base
shall extend under the C&G and 12 inches behind. There will be two 12-foot lanes of roadway
and the roadway width shall be 28 feet from back of curb to back of curb (B-B). Internal roads
shall meet 25 mph design standards at a minimum. Cul-de-sacs are to have a 45' radius to back of
curb. All roadway construction shall meet the Town and NCDOT standards and specifications.
6. Streetscape Treatment.
The internal roads of the Project shall have one tree per lot. Trees shall be placed outside the 5-
foot utility easements. The streetscape treatment along the Property's public street frontages shall
comply with the requirements of the Ordinance. Spacing for street trees shall comply with the
requirements of § 8.7 of the Ordinance.
A. Developer shall keep or install the following landscape buffers as depicted on the Concept
Plan and as depicted in Figure 2 Type B Buffers in the Ordinance.
B. Streetlights shall be installed per Section 10, Site and Street Lights, § 10.3 Design
Standards of the Ordinance.
7. Greenway and Open Space.
Open space for the Property shall comply with the open space requirements of the
Ordinance, providing a minimum of 5% improved open space and 15.4% of natural open space.
Park Space shall comply with the "A" typology as outlined in Section 7.4 of the Ordinance.
Amenities shall include a neighborhood pool and amenity area
8. Homeowner's Association
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Developer shall cause the Project to be subject to a declaration of covenants, conditions,
and restrictions (the "Declaration") and shall establish a homeowner's association (the "HOA" to
maintain the common areas of the Project. The HOA will be responsible for the ownership and
maintenance of open space, common areas, BMP areas, etc.
9. Architectural and Design standards
A. Single Family Detached Dwelling Units. The architectural standards set out below shall apply
to any single family detached dwelling unit developed on the Height, lot dimensions and densities
are established by this Agreement and the Ordinance.
Additional architectural requirements for the buildings containing single family detached dwelling
units will meet the minimum standards established by the Town of Wingate Land Use Ordinance
and the Developer agrees to the following additional standards:
Architectural Standards:
1. Homes shall be consistent with the attached representative elevations and shall consist of
a minimum slab foundation of 40X 60 square feet. Exterior material shall be limited to a
mix of fiber cement, stone, stucco and/or brick material.
2. Stoops or Porches will be covered and have a minimum depth of 8 feet.
The front wall of all homes shall not run unbroken (unarticulated) for a distance of more
than 24 linear feet. All wall offsets shall have a minimum of one foot in depth.
4. Homes built on slab foundations shall have a minimum of four course brick, standard
size, extending to the face of the slab.
5. Garages will be carriage door style with windows and will contain hardware and must be
a minimum of a 2 car garage.
6. A waste management amenity station shall be provided for at the neighborhood pool and
amenity area, and maintained by the HOA.
7. All driveways shall be paved with concrete or asphalt from the road to the garage and
shall accommodate parking for at least four (4) vehicles.
8. Roofs shall be clad in corrugated 5v crimp or standing seam galvanized steel, galvaline,
or copper, asphaltic or fiberglass shingles shall be architectural grade and the shingles
shall not be 3-tab shingles. The roofs shall have a minimum of 6/12 pitch.
9. Eaves which overhang less than 8" shall be closed soffit. Eaves which overhang more
than 16' shall have exposed rafters. Eaves which overhang 8' and 16' shall have either a
closed soffit or exposed rafters. Rafter tails may not exceed 8" in depth
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10. Windows on the front facade of the building wall shall have shutters where
architecturally compatible. This requirement shall not apply to windows where a shutter
will not work due to the location of the window and its proximity to other features, or
where a non-standard sized window is used.
Architectural standards
B. Single Family Attached Dwelling Units. The architectural standards set out below shall apply
to any single family attached dwelling unit developed on the Height, lot dimensions and densities
are established by this Agreement and the Ordinance.
Additional architectural requirements for the buildings containing single family attached dwelling
units will meet the minimum standards established by the Town of Wingate Land Use Ordinance
and the Developer agrees to the following additional standards:
1. Townhomes shall be consistent with the attached representative elevations. Exterior
material shall be limited to a mix of fiber cement, stone, stucco and/or brick material.
2. Homes built on slab foundations shall have a minimum of four course brick, standard
size, extending to the face of the slab.
3. Garages will be carriage door style with windows and will contain hardware and must be
a minimum of a 2 car garage.
4. A minimum of 2 waste management amenity stations shall be provided for, and
maintained by the HOA
5. All driveways shall be paved with concrete or asphalt from the road to the garage.
6. A minimum of 32 guest parking spaces shall be provided for unless the Town of Wingate
determines compliance with this requirement is not reasonable or in public interest due to
the size and shape of the development.
7. Roofs shall be clad in corrugated 5v crimp or standing seam galvanized steel, galvaline,
or copper, asphaltic or fiberglass shingles shall be architectural grade and the shingles
shall not be 3-tab shingles.
8. Eaves which overhang less than 8" shall be closed soffit. Eaves which overhang more
than 16' shall have exposed rafters. Eaves which overhang 8' and 16' shall have either a
closed soffit or exposed rafters. Rafter tails may not exceed 8" in depth.
9. Windows on the front facade of the building wall shall have shutters where
architecturally compatible. This requirement shall not apply to windows where a shutter
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will not work due to the location of the window and its proximity to other features, or
where a non-standard sized window is used.?
10. No elements, including steps, shall project over the property line at the ground level.
11. Porches will be covered and have a minimum depth of 5 feet.
12. Stoops will be made of brick or concrete. If concrete, a stoop will have brick, stone or
stucco foundation walls.
13. Porches, columns, posts, spindles, balusters shall be made of wood or mesentery.
Porches may be enclosed with glass or screen of a maximum of 30% of their length.
14. The following shall be located in rear yards only provided they are not visible from the
fronting street or a public right of way:
a. HVAC equipment
b. Utility meters
c. Satellite dishes
d. Permanent grills
e. Permanent play equipment
f. Hot tubs
g. HVAC and utility meters may be located in a side yard if screened from view and
no closer than 5 feet from side property lines and installed per the utility
companies' guidelines
15. Wood elements must be painted or stained with an opaque or semi -solid stain, except
walking surfaces may be left natural.
10. Law in Effect at the Time of the Agreement Governs the Development of the Project. The
laws, land development regulations and ordinances applicable to the development of the Project
are those in force as of the date of this Agreement. Accordingly, Developer and its successors in
interest shall have a vested right to develop the Project in accordance with the Concept Plan, the
terms of this Agreement and the terms of the Ordinance and any applicable laws, land development
regulations and ordinances as they exist as of the date hereof during the entire term of this
Agreement. Pursuant to N.C.G.S. § 160D-1007 and except as provided in N.C.G.S. § 160D-108(c)
and § 160D-108.1(f), the Town may not apply subsequently adopted laws or amended laws, land
development regulations, ordinances or development policies to the Project or to the Property
during the term of this Agreement without the written consent of Developer or its successors in
interest. Additionally, no future impact fees, including water and sewer system development fees,
shall apply to the Project or to the Property without the written consent of Developer or its
successors in interest. This Agreement does not abrogate any rights preserved by N.C.G.S. §
160D-108 or N.C.G.S. § 160D-108.1, or that may vest pursuant to common law or otherwise in
the absence of this Agreement.
11. Term. The term of this Agreement shall commence on the Effective Date and shall expire
five (5) years thereafter on unless sooner terminated by the mutual consent
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of the parties hereto or their successors in interest, or unless extended by the mutual consent of the
parties hereto or their successors in interest.
12. Local Development Permits. In accordance with N.C.G.S. § 160D-1006, the following is
a description or list of the local development permits approved or needed to be approved for the
development of the Project:
(a) Erosion and Sediment Control Permit (Union County and NCDEQ).
(b) Water Extension Permit (NCDEQ).
(c) Sewer Extension Permit (NCDEQ).
(d) NCDOT Encroachment Permit.
(e) NCDOT Entrance Permit.
(f) Zoning Permits.
(g) Building Permits.
(h) Army Corps of Engineers Permits
(i) NCDEQ Stormwater Management Permit
All other local, state, or federal permits required for the Project. The Developer is to provide
copies of all approved permits to the Town for files records. In addition, copies of all material
tests and certifications to be provide to the Town.
The failure of this Agreement to address a particular permit, condition, term or restriction does not
relieve Developer of the necessity of complying with the law governing the local permitting
requirements, conditions, terms or restrictions.
13. Public Facilities. The following public facilities will serve the Project: Public Sewer and
Public Water.
14. Sewer and Water Lines. Developer, at its sole cost and expense, shall engineer, design,
permit, construct and install the water and sewer lines to be located within the Project (the
"Internal Water and Sewer Lines"). The Internal Water and Sewer Lines shall be engineered,
designed, constructed and installed in accordance with all applicable federal, state and local laws,
regulations, ordinances and policies, and at a minimum shall meet the American Water Works
Association standards. Design standards, details, and specifications to utilize Union County Public
Works standards for the water and sewer infrastructure. The Developer shall provide weekly
updates to the Public Works Director and Town Manager as to the progress of water and sewer
installation. Said updates shall include pictures depicting the proper bedding of water and sewer
pipes. The Internal Water and Sewer Lines shall be transferred to the Town of Wingate for
ownership and maintenance after they have been constructed and installed.
The Developer and/or Developer's engineer shall also provide complete asbuilt drawings of the
roadway, drainage, water and sewer to the Town upon completion of the infrastructure and before
any development bond is released. Plans shall be both printed and electronic versions.
15. Amendment. The terms of this Agreement may be amended by the mutual consent of the
parties hereto or their successors in interest. A major modification of the terms of this Agreement
shall follow the same procedures as required for the initial approval of this Agreement. A minor
amendment to the Concept Plan approved by the Town of Wingate Development Administrator
shall not be considered an amendment to this Agreement.
16. Recordation/Binding Effect. Within fourteen (14) days after the Town enters into this
Agreement, Developer shall record this Agreement in the Union County Public Registry. The
burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure
to, all successors in interest to the parties hereto.
17. Periodic Review. The Development Administrator or other Town Manager designee
should conduct a periodic review, (the "Periodic Review") at least every 12 months, at which time
Developer shall be required to demonstrate good faith compliance with the terms of this
Agreement.
If, as a result of the Periodic Review, the Town finds and determines that Developer has committed
a material breach of the terms or conditions of the Agreement, the Town shall serve notice in
writing, within a reasonable time after the Periodic Review, upon Developer setting forth with
reasonable particularity the nature of the breach and the evidence supporting the finding and
determination, and providing Developer a reasonable time in which to cure the material breach.
If Developer fails to cure the material breach within the time given, then the Town unilaterally
may terminate or modify the Agreement; provided, however, that the notice of termination or
modification or finding of breach may be appealed to the Board of Adjustment in the manner
provided by N.C.G.S. § 160D-405.
18. Default. The failure of Developer or the Town to comply with the terms of this Agreement
shall constitute a default, entitling the non -defaulting party to pursue such remedies as allowed
under applicable law, provided, however, that no termination of this Agreement may be declared
by the Town without first giving the Developer the notice and opportunity to cure set out in
N.C.G.S. § 160D-1008. In addition to any other rights or remedies, either party may institute legal
action to cure, correct, or remedy any default or breach, to specifically enforce any covenants or
agreements set forth in the Agreement or to enjoin any threatened or attempted violation of the
Agreement; or to obtain any remedies consistent with the purpose of the Agreement. Legal actions
shall be instituted in the Superior Court of the County of Union, State of North Carolina, or in the
Federal District Court in the Western District, and the parties hereto submit to the personal
jurisdiction of such courts without application of any conflicts of laws provisions of any
jurisdiction. Notwithstanding anything contained herein to the contrary, the violation of any rule,
policy, regulation, ordinance or law by a homeowner or builder in the Development shall not be
considered to be an event of default under this Agreement. That being said, the Town is not
waiving its ability or right to enforce the Ordinance or any other Town regulation in accordance
with the terms of the Ordinance or any such regulation.
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19. Notices. Any notice, demand, request, consent, approval or communication which a
signatory party is required to or may give to another signatory party hereunder shall be in writing
and shall be delivered or addressed to the other at the address below set forth or to such other
address as such party may from time to time direct by written notice given in the manner herein
prescribed, and such notice or communication shall be deemed to have been given or made when
communicated by personal delivery or by independent courier service or by facsimile or if by mail
on the fifth (5th) business day after the deposit thereof in the United States Mail, postage prepaid,
registered or certified, addressed as hereinafter provided. All notices, demands, requests, consents,
approvals, or communications to the Town shall be addressed to:
The Town at: Town of Wingate
c/o Town Manager
PO Box 367
Wingate, North Carolina 28174
Developer at: Bulldog Investment Holdings, LLC
2805 Walkup Avenue
Monroe, NC 28110
20. Entire Agreement. This Agreement sets forth, and incorporates by reference all of the
agreements, conditions and understandings between the Town and Developer relative to the
Property and the Project and there are no promises, agreements, conditions or understandings, oral
or written, expressed or implied, among these parties relative to the matters addressed herein other
than as set forth or as referred to herein.
21. Construction. The parties agree that each party and its counsel have reviewed and revised
this Agreement and that any rule of construction to the effect that ambiguities are to be resolved
against the drafting party shall not apply in the interpretation of this Agreement or any amendments
or exhibits hereto.
22. Assignment. After notice to the Town, Developer may assign its rights and responsibilities
hereunder to subsequent land owners of all or any portion of the Property, provided that no
assignment as to a portion of the Property will relieve Developer of responsibility with respect to
the remaining portion of the Property owned by Developer without the written consent of the
Town. In the event that Developer sells the Property in its entirety and assigns its rights and
responsibilities to a subsequent landowner, then Developer shall be relieved of all of its covenants,
commitments, and obligations hereunder.
23. Governing Law. This Agreement shall be governed by the laws of the State of North
Carolina.
24. Counterparts. This Agreement may be executed in several counterparts, each of which
shall be deemed an original, and such counterparts shall constitute one and the same instrument.
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25. Agreement to Cooperate. In the event of any legal action instituted by a third party or other
governmental entity or official challenging the validity of any provision of this Agreement, the
parties hereby agree to cooperate in defending such action; provided, however, each party shall
retain the right to pursue its own independent legal defense.
26. Agreements to Run with the Land. This Agreement shall be recorded in the Union County
Registry. The Agreements contained herein shall be deemed to be binding upon and run with the
land and shall be binding upon and an obligation of all successors in the ownership of the Property
unless otherwise provided herein.
27. Hold Harmless. Developer agrees to and shall hold the Town, its officers, agents,
employees, consultants, special counsel and representatives, harmless from liability for damages,
just compensation, restitution, judicial or equitable relief arising out of claims for personal injury,
including health, and claims for property damage which may arise from the direct or indirect
operations of Developer or their contractors, subcontractors, agents, employees or other persons
acting on their behalf which relates to the Project. Developer agrees to pay all costs for the defense
of the Town and its officers, agents, employees, consultants, special counsel and representatives
regarding any action for damages, just compensation, restitution, judicial or equitable relief caused
or alleged to have been caused by reason of Developer's actions in connection with the Project.
This hold harmless Agreement applies to all claims for damages, just compensation, restitution,
judicial or equitable relief suffered or alleged to have been suffered by reason of the events referred
to in this paragraph. The Town may make all reasonable decisions with respect to its
representation in any legal proceeding.
Notwithstanding the foregoing, Developer's obligation to indemnify and hold the Town harmless
shall not extend to any claims, losses or damages that arise from the acts or omissions of the Town
and/or its officers, agents, employees, consultants, special counsel, contractors and representatives
as well as any claims, losses or damages to the extent arising from the negligence or willful
misconduct of the Town and/or its officers, agents, employees, consultants, special counsel,
contractors and representatives.
28. Severability. If any term or provision herein shall be judicially determined to be void or
of no effect, such determination shall not affect the validity of the remaining terms and provisions.
29. No Pledge of Taxing Power or Governmental Authority. No provision of this Agreement
shall be construed or interpreted as (1) creating a pledge of faith and credit of the Town within the
meaning of any constitutional debt limitation, (2) delegating governmental powers, or (3) a
donation or a lending of the credit of the Town within the meaning of the Constitution of the State
of North Carolina. No provision of this Agreement shall be construed to pledge or to create a lien
on any class or source of Town monies, or operate beyond its intended scope so as to restrict, to
any extend prohibited by law, any future action or right of action on the part of the Town of
Wingate Board of Commissioners. To the extent of any conflict between this section and any other
provision of this Agreement, this section shall take priority. Town has pre -audited this Agreement
and the obligations hereunder to ensure compliance with budgetary accounting requirements (if
any) that may apply. This Agreement is conditioned upon, and shall not be operative until, any
required pre -audited certification is supplied.
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30. Authorily. Each party represents that it has undertaken all actions necessary for corporate
or public approval of this Agreement, and that the person signing this Agreement has the authority
to bind the Developer or the Town.
[SIGNATURES ON FOLLOWING PAGES]
IN WITNESS WHEREOF, the parties hereby set their hands and seals, effective the date
first above written.
NORTH CAROLINA
COUNTY
Developer:
Bulldog Investment Holdings, LLC
By:
Name:
Title:
I certify that personally appeared before me this day,
acknowledging to me that he or she signed the foregoing document in the capacity as
of Bulldog Investment Holdings LLC, and that as , being
authorized to do so, executed the foregoing on behalf of the corporation.
Witness my hand and official stamp or seal, this day of , 2021.
Notary Public Signature
Notary Public Printed or Typed Name
My Commission Expires:
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The Town:
TOWN OF WINGATE, a Municipal Corporation
Name: Brad Sellers
Title: Town Manager
NORTH CAROLINA
UNION COUNTY
I, , a Notary Public of the County and State
aforesaid, certify that Brad Sellers, personally came before me this day and acknowledged that he is
the Town Manager of the Town of Wingate, and that he, as Town Manager, being authorized to do
so, executed the foregoing on behalf of the corporation.
Witness my hand and official stamp or seal, this day of , 2021.
Notary Public Signature
Notary Public Printed or Typed Name
My Commission Expires:
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