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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 1 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 2 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 3 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 fl 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 5 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 0 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 7 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. 0 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. 10 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. 11 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: 12 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: 13