20190684 Ver 1_Stobhill Lane Ext - Agent Authorization (ToFV)_20190528

Environmental Consultants,
8412 Falls of Neuse Rind, Suite 104, Raleigh, NC 27615 • Phone: V19) 846-5900
sandec.com
MUNICIPAL OFFICIAL CERTIFICATION /AGENT AUTHORIZATION
Project Name/Description: S'1'OBHIL LANE EXTENSION S&EC Project #10432
Date: 2019
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Attn: lames Lastineer Field Office: USACE Raleieh Re ug iatoly Field Office
I, the undersigned, a duly authorized municipal official for the project identified herein, do authorize
representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and Soil &
Environmental Consultants, PA (S&EC) staff (as my agent) to issue a determination associated with
Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act of 1899. This document also authorizes S&EC (as my agent) to
act on my behalf and take all actions necessary for the processing, issuance and acceptance of a permit
or certification and any and all associated standard and special conditions. This notification supersedes
any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government
officials to issue determinations and verifications. You should call S&EC and the current property owner
to arrange a site meeting prior to visiting the site.
PARCEL INFORMATION:
Location: Stobhill Lane Extension, from existing stub to N. Broad St. (NC-55), Fuquay-Varina, Wake Co., NC
Project Area: +/- 2 acres PIN No.: portions of 0657576829 & 0657682303 Deed: 17219/2037 & 15802/1289
Lat/Long: 35.613667/-78.816413 Watershed: UT to Basal Creek, 27-43-15-3, `B;NSW", Neuse 01
MUNICIPAL OFFICIAL INFORMATION: /i
Name: Town ofFuquay-Varina tG't Ce)VOyd,�nq."cN S �erp�PV1SvY�
Address: 401 Old Honeycutt Rd., Fuquay-Varina, NC 27562
Phone No.: Fax No.: Mobile No.:
Email:e.,+ehejA
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Municinal/Offic�al (please print) IDate
Signalise
We hereby certify the aboLe information submitted in Ehis app/icatian is true and accurate to
the best of our know/edge,

NORTH CAROLINA
AGREEMENT
WAKE COUNTY
This Agreement (the "Agreement"), made this the 5 day of April 2019, by and between
the Town of Fuquay-Varina, a municipal corporation under the laws of North Carolina (the
"Town") and SDG FQV, LLC (the "Developer").
WITNESSETH:
WHEREAS, Developer is the owner of certain unimproved land located along Old Powell Road
in the Town of Fuquay-Varina, Walce County North Carolina, containing approximately 26.883 acres in
the aggregate, and bearing Wake County parcel identification number(s) 0657672567 and 0657576829
(the "Properly") and plans to develop a(an) apartment community on the Property (the
'Development'; and
WHEREAS, as part of the Development, the Town's Land Development Ordinance
requires certain off -site thoroughfare improvements to that portion of the Stobbill Lane (road)
adjacent to the Property in. addition to an extension of Stobhill Land (road) through the Property
as shown on the Town's Community Transportation Plan 2035; and
WHEREAS, a portion of the Stobhill Lane right of way to be improved will require work
in wetlands and/or other areas where work is regulated by the Army Corps of Engineers and
Division of Water Resources; and
WHEREAS, the Town, as owner of the Stobhill Lane right of way, has standing to obtain the
necessary permits from the Army Corps of Engineers and Division of Water Resources for the
improvement of that portion of Stobhill Lane to be improved; and
WHEREAS, the Town must be the owner and applicant on the necessary permits fiom the
Army Corps of Engineers and Division of Water Resources for the extension of Stobhill Lane, as shown
on the (Preliminary Plat/ Construction Drawings)^approved by the Town of Fuquay-Varina on April
2019; and -COiAd iT 1 ovvG lv�
WHEREAS, the Town and the Developer desire to cooperate to facilitate the thoroughfare
improve r1KM r(Iion of Stobhill Lane, as�t on the (Preliminary Plat/Conshuction
Drawingis pproveVy Ne Awn of Fuquay-Varina o4;A4 019 (the "Improvements"), with the
Town acting as owner/applicant and with Developer acting as the contracting and managing party with
third parties hired to construct the Improvements, which will be constructed at Developer's sole cost;
and
WI IEREAS, it is a requirement and condition of the Town's approval of the Development that
the Developer construct the Improvements and enter into this Agreement, which Agreement
supersedes any prior development agreement or zoning condition applicable to the Property, and in
order to obtain the approval for the Development, the Developer is willing to enter into this Agreement
and construct the Improvements at its sole cost as set forth herein; and

WHEREAS, the Town and the Developer hereby enter into this Agreement for the purpose of
establishing the rights, responsibilities and obligations of each party in connection with obtaining the
necessary wetland permits in the name of the Town as required by the Army Corps of Engineers and
Division of Water Resources for the Developer's construction of the Improvements in connection with
the Town's approval of the Development.
NOW, THEREFORE, IT IS HEREBY AGREED between the Town and the Developer:
1. Recitals. The foregoing recitals shall constitute an integral part of this Agreement,
and this Agreement shall be construed in light thereof.
2. Permitting of Improvements. The Developer shall obtain all necessary permits from
the Army Corps of Engineers and Division of Water Resources to construct the Improvements in
wetlands and/or other areas subject to regulation under the Clean Water Act. The Developer shall
pay the actual cost of any permit fees for the Improvements charged by the Army Corps of
Engineers and/or N.C, Division of Water Resources. Said permits shall be in the name of the
Town and shall be approved as to form by Town.
3. Construction of Improvements. The Developer shall, at its own expense, construct
the Improvements. The Developer shall design, construct and install the Improvements (a) in a
good and worlaiianlilce manner, and (b) in compliance with this Agreement, Town Standard
Specifications & Construction Details, and all applicable Federal, State, and local laws, statutes,
ordinances, rules, regulations, policies, and specifications.
4. Compensatory Mitigation, The Developer shall, at its own expense, pay and
compensatory mitigation required by the Army Corps of Engineers and/or the N.C. Division of
Water Resources for wetland, stream buffer, and stream impacts or any other required items. The
Developer shall coordinate satisfaction of the mitigation requirements in accordance with the
requirements set forth by the Army Corps of Engineers and/or N.C. Division of Water Resources.
The Developer shall contract with the appropriate mitigation bank or other entity recognized by
the Army Corps of Engineers and/or N.0 Division of Water Resources as required by the permits
issued.
5. Indemnity. Developer shall indemnify and hold harmless the Town and its agents
from and against any and all claims for damage of any kind including, but not limited to, damage
or injury to the person or property of anyone or any entity arising from any act, omission or
performance of or non-performance by Developer of any obligations or any term or condition
under this Agreement arising from the date of this Agreement through any warranty, including,
but not limited to, the defense or pursuit of any claim or any action or proceeding with respect
thereto; and in case any action or proceeding is brought against the Town by reason of any such
matter, then in such event, Developer, upon notice from the Town, shall defend the Town at
Developer's expense by counsel reasonably satisfactory to the Town. The Town need not have
first paid any such claim in order to be so indemnified. This indemnity shall expressly survive
expiration or termination of this Agreement.

6, Inspection of Facilities. Upon completion of construction of the Improvements,
Developer shall schedule a warranty inspection with the Town as required in the Town's Standard
Specifications.
7. Develo en ren r SolelWLiable for Costs of Improvement, Developer shall bear all costs
of construction of the Improvements as well as all permit fees, fines, costs, and penalties imposed
or assessed by any governmental agency or regulatory authority regarding the construction of the
Improvements. Developer shall indemnify and hold the Town harmless from any and all loss, cost
or damage, including reasonable attorney's fees, occasioned by any act or omission relating to the
construction of the Improvements. The Town shall not participate in or be responsible to pay or
reimburse any costs of the Improvements.
8. Notices. Any notice given pw•suant to this Agreement shall be deemed given if (a)
delivered by hand, or (b) faxed to the addressee and then deposited in the United States Mail to
the addressee, postage paid certified mail, return receipt requested and addressed as follows:
If to the Town: Town of Fuquay-Varina
c/o Adam G. Mitchell, Town Manager
401 Old Honeycutt Road
Fuquay-Varina, NC 27526
Fax: [phone]
If to Developer: SDG FQV, LLC
c/o Brian Wise, Vice President
305 Blandwood Avenue
Greensboro, NC 27401
7. Complete Agreement, Modifications, Waiver and Assi ng ment. This Agreement
constitutes the entire agreement between the parties hereto and it is understood and agreed that all
undertakings, negotiations, representations, promises, inducements and agreements heretofore had
between these parties are merged herein. This Agreement may not be changed, modified, or amended
orally, but only by an agreement in writing signed by both the Town and the Developer. No waiver
of any of the provisions to this Agreement shall be valid Curless in writing and signed by the party
against whom it is sought to be enforced. This Agreement is not assignable without the written
consent of all parties to this Agreement. No person or entity that is not a party to this Agreement is
an intended beneficiary to this Agreement, and no person or entity not a party to this Agreement shall
have any right to enforce any term of this Agreement. Nothing herein shall constitute a dedication
or benefit to the public of an improvement until such improvement is dedicated to the Town and
accepted for maintenance by the Town in a subsequent instrument.
8. No Agencv.Joint Venturer Relationship. The Town and the Developer agree to
exercise good faith in dealing with each other. The Town and the Developer are not agents, partners,
or joint venturers of any kind, and the Town shall have no relationship via this Agreement with any
third party with whom the Developer contracts in furtherance of this Agreement.

90 Choice of Law, Jurisdiction, and Venue. This Agreement shall be governed, interpreted
and construed under the laws of the State of North Carolina without regard to principals of conflicts of
laws. The parties agree that any dispute or other matter concerning this Agreement shall be decided by
the General Court of Justice, Superior Court Division, Wake County, North Carolina, The parties
irrevocably submit to the sole and exclusive jurisdiction of such courts and waive all objections and
defenses based on jurisdiction and/or improper or inconvenient venue. The patties agree that this
Agreement may be enforced by specific performance.
[REMAINDER OF PAGE INTENTIONALLY BLANI{ — SIGNATTJRES FOLLOW]

IN WITNESS WIJEREOF, the Town and the Developer have only executed this Agreement under seal as
of the day and year first above written.
TOWN OF r uvuA I -VARINA
mJdt)AY.V,' •�
r,'Qr�f�pORATF+��2$� BY:
(�rV p`ye
Name:
Title:
ATTEST:
Name: R06e, N. /
Title: 71i
STATE OF NORTH CAROLINA
WAIO COUNTY
I, a Notary Public of the County and State aforesaid, certify that ' personally came before me
this day and acknowledged that she/he is'� of the Town of Fuquay-Varina, a North
Carolina Municipal Corporation, and that by authority dull given and as the act of the corporation, the
foregoing instrument was signed in its name by sealed with its corporate seal and attested by
him/her as its
s my hand and official stamp or seal, this the day of A]�Ai'8' Wi 9
C� %% .,,1N�,►(j(j1
C� [AFFIX NOTARIAL Y ` /SEiiE
[Signature of Notary ublic] q
gc18/b•
My Commission Expires: �—z2�20Z 3
This instrument has been pre_audited in the manner required by the Local
Fiscal control Act
Name:
Title: Finance Director, Town of Fuquay-Varina

SDG FQV, LLC, a North Carolina limited
liability company
By: (SEAL)
Name: Rrluv Gr9fse
Title: V� c r, Pre< rDI P N
State of North Carolina
County of jp,,(v)( ee,
I, a Notary Public of the County and State aforesaid, do hereby certify that
of SDG FOV, LLC, a North Carolina limited liability company,
personally appeared before me this day and acknowledged due execution of the foregoing instrument on
behalf of SDG FOV, LLC, a North Carolina limited liability company,
Witness my hand and official stanip -'or seal, this the I S`day of Rr i I , 2019.
[AFFIX NOTARIAbj$j'V4M6P/SEAL]
[Signature ofN ry Public] `\,�aO�y J. C!®oo
My Commission Expires: 22 lz J 2 0 2 �� y
®co NOTARY TP
y ` PUBLIC U