615 OBERLIN Ruy Suri: 40 RateiGH, NORTH CAROLINA 27605 “TELEPHONE 919.795.8675 R.GENE DAVIS, JR. GENE@GENEDAVISLAWCOM ‘Arrowy & Cousiiorat Tt ‘WWW.GENEDAVISLAWCOM October 10, 2013 CERTIFIED MAIL/RETURN RECEIPT Ms. D. Ann Gray, MMC Clerk of the City of Durham Office of the City Clerk 101 City Hall Plaza Durham, North Carolina 27701 Re: Utility Extension Agreement Legal Certification Dear Madam Clerk: Thave heen asked to render a legal opinion and issue eertification to the City of Durham regarding the Utility Extension Agreement, dated September 6. 2013 by and hetween Souther Durham Development, LLC, on behalf of itself, John A. Mitchell, individually and Seven Five One Investments, LLC and the City of Durham, a North Carolina municipal corporation (the SUEA"). Iam an attorney licensed by the North Carolina State Bar (Bar No. 24706) and have been actively in practice since licensure on September 19, 1997. I have practiced extensively in the arca of North Carolina real property law tuvugliwut uy career. It is my legal opinion that the obligations and entitlements of the UEA are covenants that ran with the Property described therein, and are binding on all heirs, assigns, successors in interest and other subsequent owners of the Property. The UEA has been properly recorded in the Durham County Registry on September 20, 2013 and indexed at Book 7364, Page 366-386. A. copy of the UEA is enclosed with this legal opinion and certification. If T can be of further ass tance, please contact me at the above address. Sincerely, GENE DAVIS LAW, PLLC RSQ. fh R. Gene Davis, Jr. e: Public Works Director(rage 1 of 2 ~~ Baokr 36a Pageses Page TOTT MTILITY EXTENSION AGREEMENT ‘THIS UTILITY EXTENSION AGREEMENT (heresfter “Contract, is made and centered ito as of the day of _Sapramaee_, 2013, by and between Southern Durham Development, LLC, on behalf of self, John A. Mitchell, individually and Seven Five One Investments, ‘LLC’ (hereafter collectively refered to as "Developer’) and the CITY OF DURITAM, ¢ Non Carona municipal corporation (neresfer the "Ciy"), WHEREAS, this Conract rests to an assemblage of land of 253.822 ares, more ot Jess, located at Fayetteville Road and Highway 751, Sher described ws PINs G717-03'34-0901, (0717-04-32.9923, 0717-03-44.2004, 0717-04-52-4401, 0717-03-44-0374 and O717.03-48-3385 (the "751 Assemblage” of 167139 acres) and 0717-03-41-3705, 0717-03 39934, 0171-03-31. (6112, 0717-03-41-2341, 0717-04-40-6984, O717-04-51-0985, 0717-0451-5855, 0717-03-30. ‘3690 (the “Seven Five One Investments, LLC Assemblage” of 86.683 sere) (collectively "he Property", WHEREAS, the Developer requires water and sewer services forthe development ofthe ‘Proper, end wishes to construct ieproverents that will connect fo the Ciy"s wale and sewer nord o enable development ofthe Projet; and WHEREAS, he 751 Assemblage is subject othe commited elements ofa development plan, approved by Durham County on August 9, 2010 in Zoning Map Case No. 70800003, ‘which binding commitment re incorporated heen hy reference a tout in fal and eonsars ‘of approximately 300,000 squsre fet of offce space, 300,000 square feet of retail 1.300 residential units, and 150,000 square fet ef evie foo area nt WHEREAS, the Seven Five One Investments, LLC Assemblage will be subject to the Declaration of Covenanis, Conditions and Restrictions of Colvard Farms Subdivision (recorded in Book 3787, Page 370 and as furher amended ffom time to time in the Dutham County [Registry ("Declaration") and consist of no more than 2 residential units pet acre; and WHEREAS, under City ordinance, Developer i¢ required to pay all costs associated with this Contac, in particular the water and sever, the street infestructure related to such Systems, and other related eos: and WHEREAS, at its meeting held A] _, the City Council authorized this Utility Extension Agreement in accordance withthe terms st forth below, NOW THEREFORE, in consideration of ton dollars end other valuable consideration, the reccipt of which is herchy acknowicdged, he Developer and the City, and thelr heir, successors and assigns agree: 1. Included Appendices. Appendix A (Project Specific Provisions) and Appendix B (Additional Commixments area pat ofthis Contact pot ssezsyenrson Benway Toi Ferre Comes an BO, ahaa BE Mie Aaya hora oceaee ' SHEET on Ration, ve 29408 213000875age 2 of 2) oe BOok736T- PagEIET Page? OFZ 2 Effective Date. The obligations ofthis Contract shall bewome effete upon execution of this Contact ty the patics, ypon enactment into law of the amendment to, Ducham City ‘Charter Section 2.3 that described in of Appendix. A of this Contract, and upon submission ‘of valid petition for voluntary annexation fr all parcels within the Property (“valid snnexation petition") by Developer. Developer shall maintain the valid annexation petition up and until ‘September 30,2013. 3. Definitions and Rules of Interpretation. In this Contact, the following term, whether ‘capitalized or no, shall have the meanings St forth belo, unless ts clear in the Contret that ‘the context requires otherwise. In addition, the rules of interpretation st forth below shal appiy. City" means the City of Durham. "City Requirements" mean all ordinances, polices, standards, and specifications presribed by the Ciy applicable to the development activity, work, or constuction Uuetaken pursuant to this Contract. Such Requirements may include, but are not limited to, the Untied Development Ordinance, the Cay Code, and sndards for processing f ané construction of infrastructure many’of which are contained in ine Cys Reference Guide for Development mainsined by the City Department of Public Works, Annexation of the Property is ot a requirement ofthis Contract However itis required ‘that Developer maintain the valid annexation petition up and until September 30,2013 so that City Counell can act on it prior to that date. "Developer" owns the Property, and consists of the entities and individual identified in the frst paragraph of this Contact. "Developer" includes successors in intrest and assigns. “Improvements” means all infasiructure required by the Cty thet allows water ‘and sewer to be delivered to or from the Property and integrated into the City's uty systom, It includes, but is not limited to, lines, main, outfall, water and sewer jonnetions to the street mains including meter box and meter yoke, water meters fo the extent quired under City Requirements all constuction and repair to streets and rights ‘of way within which water or sewer is located, pump stations, water towers, or water Iaster tations. "Person includes natural persons, firms, companies, associations, partnerships, tnusts, corporations, governmental agencies and units, and other legal entities "Project" means the development approved on the 751. Assemblage by Durham Counry on August 9, 2010 in Zoning Map Case No. Z0800003, ‘which binding. commitments are incorporated herein by reference as if set out in full and the no more ‘than 2 residential units per aere and subject to the Declaration of Colvand Farms ‘Subdivision related wo the Seven Five One Investments, LLC Assemblage, "Property" has the meaning se forth ahove(eage 3 of 20) Book7364- Pageses Page SOF aT "Water andlor sewer" refer othe particular utes being installed by Developer wich may include water only or sewer ony, or both as generally desribed in Appendix B and as ultimately determined through City review of ste plans and consruction eawings. he faloming res f iepetaton apy () The snl este para ‘an the plural the singular, (2) The word "shal! 4. Developer's Obligation. The Developer shall bear the total cost and expense ofall the obligations and duties created by this Contract unless otherwise expiitiy stated inthis Contract ‘Those obligations and duties are, generally to create all Improvements as may be required bythe ‘City in sacordence with this Contract and with Cty Requirements. Such Improvements inchide ‘but are not limited to: all Improvements within the Projet i) all Improvements connecting 10 water or sewer infrastucture ousie the Project, whether existing or planned; i) modifications to any existing water or sewer infasructure outside the Projeet tha fiilitate provision of lity service to the Project, or compliance with City Requirements, or integration ofthe Improvements ‘with the surounding existing or planned water or ewer system; and iv) new streets of alterations {existing stets oF nents ot way whin which the Improvements ae eated. The Developers ‘obligations so include all costs, including but not imied to legal costs, of acquiring all Fes or ‘easements within which the Improvements wil be located. 5, Improvements. A general description ofthe Improvements to be constructed to serve the Panjet fe ot firth in Apgendiy A The final dotenination af the number, scope, ene, ‘materials, and location of required Improvements shall be as determined inthe discretion of the City with jurisdiction over the utlity service provided and shall be made in connestion with site plan and constuction drawing approval 6 City Requirements. Design, construction, materials, sizing, other specifications, permitting, inspections, testing, documentation and furnishing of ascbullt drawings, and ‘scceptance of completed infrastructure shall be in accordance with City Requirements. Design and constuction shall be by professionals lensed in the state of North Carolina to do the felevant work. City approval of the design of the Improvements shall be required prior to ‘construction, as set forth in City Requirements. If Developer is connecting to the County sewer ‘ystem, the City may eauire Developer to furnish the contract srovding for such connection. Whete City review and approval is required, the City acknowledges its obligation 19 review submits from the Developer in accordance with City Requirements and City polices, fd to perform is review ina professional and timely manner. 7. Comtenets. Developer shall ensure that its contacts for design and construction of the Improvements do not shorten of limit any otherwise applicable warranties or statutes of limitation. In ation, Developer sall ensue tht such contracts contin an assignment clause that allows assignment of any warranties regarding the constructed Improvements tothe City For certain Improvements the ity may equire tat Developer's contracts identify the City as & 3 party benficary, or may require prior consultation regarding contactors for the Improvements. Ifsuch requirements are applicble to this Project shall be shown in Appendix 3age 4 of 2) na ‘BoOKTS6a = PageIeT Page Tota 1B, or the Cky will notify Developer in a timely manner of such requirements prior 0 the Developer's contracting for Improvement. 8 Compliance; Permits. All setvity undertaken pursuant to tis Contact shall be in ‘compliance With federal and state law and regulations and City Requirements, Developer shall ‘obtai all permits and approvals required to do the work authorized under this Contac 9. Conflicts. In the event of conflict between this Contract and any law, state or federal regulation, or City Requirements, the stricter ofthe applicable provisions shall contr. 10. Testing. Developer shall pay for any testing deemed necessary to determine thatthe Improvements, and ther envirenmental impact, comply with fara or sate ln and regulations, or Cty Requirements, 11, Dedleation to City, Developer shal dedicate tothe Cty all public Improvements, except streets within the Project, in the manner specified by the City, including all outils, pamp stations and water booster tations. ‘The strets within the Project shall be dedicated as public right of way and shall be constructed in conformance with NCDOT Trastional Neighborhood Street Design Guidelines or sin street design standards by the City of Durham, unless otherwise required by City andlor County ordinance oF policy. Pursvant to Durbam Unified Development Ordinance § 122.1, Developer shall seek NCDOT's acceptance of the streets fr maintenance. IPNCDIO does nat accent the ‘seats for maintenance, Developer shall complete and maintain the streets at is own expense ‘nd shall provide the City with & surety instument(s) in an amount adequate to assur proper ‘construction and maintenance of the tess as determined by the Cty Public Works Director up and until the effective date ofthe Property's annexation into the Ch. Upon acceptance by City Council of any dedicated improvements, the City shall thereafter be responsible for maintenance. The determination as o whether the Improvements comply with City Requirements shall be made by te Director of Public Works or designe in his or her sole discretion, The City may requte, among other things, eerified asbull plans for the Improvement; release of lens from contractors and subcentactors; addtional plats or deeds for property conisinin the Improvements releases of any mortsae oF security interests in such ‘property: and any other information the City deems to be necessary to accept the constructed Improvements 12, Warranty/Repair. Developer warants thatthe Improvements shall be constructed in accordance with City Requirements and other applicable professional standards, ft for the purpose for which they were construsted, and free from defect for a one year period which shal, fun fom the time of acceptance by City Council Developer shall be responsible for repairs needed during the one year period. “Upon request by the City, Developer will assign any ‘waranty rights it has under its contracts to the City.rage 5 of 21) BooK7SA = Pages70 Page 8 of 2H 13, City Extensions, Developer aprecs that in accordance with City Requirements the City ‘nay make extensions ffem or connections to water and sewer Improvement that thas Gedtcated tothe City. City Requirements provide for reimbursements to bo made tothe Developer fr such ‘connectons/extensions in certsn cecumstances. If seh ate available under this Contact, they are described in Appendix B. 14, Assignments/Reimbursements, Developer shall notify the City in writing of any assignment of the obligations under this Contract and/or change in the entity to receive Feimbursements under this Contract, inthe event that future reimbursements are provided for in ‘Appendix B or pursuant to Cty Requirements. An aisignment by Developer of the obligations under this Contract doesnot Limit the obligations of successor owners ofthe property unles 1) ‘the assignee owns 2 substantia part of the propery andi) thre isa writen medifistion of th ‘Contract approved by the partics to replace the Developer with the assignee to the exclusion of. ‘other owners. If reimbursements are provided for under this Contract, they shall be made tothe original Developer or to a successor in interest who has been ientfed in writing as entitled to the reimbursements. In the absence ofa party that legally exists that has Been identified as ‘etitled to the reimbursements, the City shall hold the reimbursements for thee years from the Various dates they aze rocoived. After the thee yetr period, the reimbursements shall be forfeited to the City, The City may, bat is not required to, provide notice of potential reimbursements 10 successors in interest t0 the orignal Developer. Inthe event of dispute between owners clsiming an interest in the reimbursements, the Cay shall hold the reimbursements until legal resolution, if lawsuit has been filed. If legal action isnot filed ‘within three years the rcimburesments shall be foreed to the City. Identification of now ‘owners entitled te reimbursements sall bein «manner which inform and substance meets the Citys direstives 15, _Nobligations. This Contact doesnot create any express or implied obligation thatthe ity: reserve oF create water of wasteweter treatment capacity; i) approve a permit oF connection, which shall be granted only upon compliance wih all requirements of la, inciting City Requirements; ii) offer utility services (0 any user within the Project; is) provide & particular quantty, quality, or pressure for the water serving the Project; oF ¥) Wave oF nat charge fees that are otherwise applicable pursuant City Requirement. 16 No-westing. Reveloper nore thal no vested rights exit that woul impact the City consideration of is proposed development, and that no vested rights shall be elsimed for the proposed development until and unless annexation and zoning are approved by the City, if they ae approved, and such further development approvals are given as would, under the la, create a claim regarding vested righ 17, Contract # Covenant that Runs with Land. The vbligations and entitlements of this Contract are covenants that run with the Property, and are binding on all heirs, astiens, ‘suocessors in interest, and other subsequent owners. Within 30 days of Contract execution, Developer shall record this Contact, and shall furnish the City 8 copy of the recorded document ‘and a statement from an attorey licensed to practice aw in North Carling, in form and ‘substance aceptable to the City, that the Contact has been recorded, and tha he obligations ofage 6 of 23) a Book736A~PagesTT Page 6 of AF the Contract ae binding upon all subsequent owners ofthe Property. No development approval shall be issued bythe Cir inthe absence of recordation and certiiation as described above. 18, Notice. (a) Mode and Designaied Recipients. All notices and other communications given under tis Contract shal be weten, and made by personal delivery, tax, Federal Express, or United States mal, addressed a follows. The partes are also requested to send a copy by email Public Warks Director Department of Public Works City of Durham 101 City Hall Plaza Durham, NC 27701-3329 Fax: (919) 560-4316 emai: marvin willams@saumamne-gov ‘To the Developer: (Insert Name and Address Below) ‘Southern Durkam Developmen, LLC Attn: John A. Mitchell {9999 NC Highway 751 Durtam, NC27713, Email: slex@southomdurhamdevelopment.com Phone: (919) 206.4343, (©) Change of Adress. Notice of «change of adress, fx number, or person fo recelve notice shall be provided to the oer pay in writing trough one of Uke means eseribed above. (© Time of Receipt. A notice or other communication is effective upon deliv to the other party if is personally delivered or sent by fax. Notice sent by mal oF Federal Exoress is effective upon the second work day afer the date it was sent, as evidenced by postmark er similar indicia, or upon actual delivery 19, No Third Party Rights. This Contract is intended for the benefit of the City and Developer end not for any other Person, and no such Persons shall enjoy any righ, benefit, or entitlement unde this Contract. 20, Nondiscrimination Policy; EEO. The City of Durham opposes discrimination onthe basis of race and sex und urges Developer to provide fair opportunity for minorities and women to participate in its work force and to coniact with Developer. During the performance ofthis Contract Developer agrees that it shall not cisrimingte against ary employee or applicant for ‘employment because of race, color, religion, sex, national origin, politcal afliation or belief, age, or handicap.(rage 7 of 22) BooK7s64"- Pages72 Page 7 of 21. Governmental Authority Retained. Nothing contained inthis Contract shal be deemed fo construed to in any way stop limit, or impair the Cay fom exercising or performing any regulatory, policing, legislative, governmental, or other powers of functions, of shall limit the CChy/s discretion in the exercise of such powers and functions, 22, Remedies; Breach, The parties shall have all remedies allowed by law to enforce tis ‘Contract. Substantial breach of this Contract shall result inthe Contract becoming Void, tthe ‘lection ofthe nonbreaching party, Prior voiding the Contract, the party alleging a substantial breach shall give notice tothe other party and shall afford an opportanity to cure of atleast 60 days. In addition, in the event of breach by Developer, the City may withhold any permit or approval related to development, constuction, or occupancy in the Project. Enumeration of these romedies is nt exclusive 23, Services Dependent on Improvements. The Citys furnishing of water and/or sewer ‘service to “the Proper" deseibed in this Contract is dependent upon completion of the Improvements. In the event Developer does not complete the Improvements, Developer and is secessors im iferest shall have ‘no enilement 10 receive water andlor sewer service, Entitlement to water andr sewer service is dependent upon: completion of and conformance With this Contact; construction ofthe Improvements by Developer ori successors in interest: ‘water andlor sewer capacity atthe tine of competion; ané compliance with all ether lwiul requirements 24, Termination. Developer’ flue to inte substantial construction activity within five years of execution of this Contract, and continue seid construction expeditiously toward ‘competion, with adequate forces, and in ood faith may result in termination ofthis Contac, et the eletion ofthe Chy. The City's Public Works Director shall determine if such failure exists, tnd shall notify Developer in writing. Developer shall have atleast 90 days to initiate or inreass ‘construction actvty. Pinal noice oF termination shall be given by the C'y Manager or a Depury ‘City Manager. 25, Walver. No action or flue to act by the City shall constitute & waver of any of its rights or remedies that arise out of this Contract, or constiute approval of or acquiescence in & breach thereunder. excet as mav be soecifially aareed in writing. 26, Contract not Severable. In the event any substantive provision of this Contract is declared unenforceable the Contract shall become void. This paragraph, however, does nt prohibit the partes from agreeing to eliminate or modify the unenforceable provision or enter Into a new agreement. 27, Modifieations. Substantial modifications of the Contract shall be approved by the Cty Council, Minor modification cr modifications of Appendix B regarding Improvements may be approved by the City Manager or deputy or assistant Cty Manager without Council approval. A sodification ofthis Contract i not valid unles itis signed by both partiss and is otherwise in secordance with requirements of law. Further, modification isnot enforeeable against the City unless its signed by the City Manager or deputy or esistant City Manager. 7(rage 8 of 2) ae 1Book7364 = Pages? Page 8 of 21 28. _Recordation of Status of Agreement. The City shall cooperate with the Developer in executing any form to be filed by the Developer jn the event thatthe Contract is voided, terminated or superseded, or its equireents are ally satisted. 29, Entire Agreement. This Contract contains the ene agreement berween the parties Dering to the subjest matter of ths Contract, With respect to that subject mater, there ae no Promises, agreements, conditions, inducements, waraties, or understandings, written or oral, expressed or implied, between the pais, ther han as set fh o referenced inthis Contract, 30. Choice of Law and Forum; Process Agent. This contract shall be deemed made in Durham County, North Carolina Thie conte shall be governed by and construed in sccordance with the law of North Carolina, ‘The exclusive forum and venue forall actions arising out of this contract shall be the North Carolina General Court of Justice, in Durham County. Such actions shall neither be commenced in nor removed to federal court. This limitation, however, shall not apply to subsequent actions to enforce a judgment entered in actions heard pursuant to tis subsection. Developer shall maintain a registered agent in North ‘Carona with he orice othe NU Secretary of State 31. Indemnification (@ Definitions_In this Section the follow m7 "Claims" are claims, losses, damage, lites, fines, penalties, fees, royalties, cost, demands, setions, suits, and judgments of any kind or nature whatsoever, whether at law or inequity, including court costs and reasonable attrey’sfes assessed 38 par. of any of said tems. “Persons Connected with Developer” are Developer's officers, members, managers, board members, employees, agents, contractors, subcontractors of all ir, and invitees, bt excluding the City “City Indemnitees” are the City, its officers, officals, employees, agents, and independent corracor, but excluding Company . Obligation. Developer shall indemnity, defend, and hold harmless the City Indemnitees from and agains all Claims arising out of eating to, or resulting from acts ‘or omissions by Developer or Persons Connected with Developer arising out of, relating ‘0, or resulting from Developer's obligations with respect to this Contract. Without limiting the precoding sentence, and as an additional obligation, i is agreed that Developer shall indemnify, defend, and hold harmless the City Indemnites from and gains al Claims made by is coatrators, including subcontractors of al ters, where the contractor was engaged by Developer to perfurm work pursuant to this Contract, except tothe extent the Claim is the resuit ofa negligent or wrongful act or omission by any of, ‘the City ndemnites. In performing its duties under this Section, Developer shall defend City ndemnitees with legal counsel reasonably acceptable to City.age 3 or 2) ‘Book7364- Pages7a Page 6 of 21 ¢ Survival. ‘This Section shall remain in force despite termination of this Contract wit respect to acts or omissions occurring before termination ofthis Contract (whether by expiration ofthe term or otherwise).(rage 30 of 2) ~"BOOKTS6E = Page37s” Page 10 oF A IN TESTIMONY WHEREOF, the below signad partes have executed this Contract as of the dates shown below, agree to its roqultements and have provided self-executing notice to the City ‘of Durham, dated September _ __, 2013, attached hereto and incorporated herein by reference as if se forth in ful, al in accordance with Session Law 2013-386 (effective August 23, 2013),age 11 or 21) oo BETSETT PRGTITE PRS TT OPT SOUTHERN DURHAM DEVELOPMENT, LLC State of North Carolina County of Pekar eae 1, a notary public in and for the aforesaid county and state, certify that John A. Mitchell personally (1) appeared before me this day, (2) sated that he is a manager of Southem Durham LLC, a limited liability company organized and existing under the laws of the State of North Carolina, (3) acknowledged thatthe foregoing agreement withthe City of Durham carries on inthe usual vay the company’s business (4) acknowledged the due execution ofthe contract on bebalf ofthe company, and (5) agres to the requirements herein Thisthe 3°? day ofSephahy, 2013 My commission expies: 6-7/5 Notary Public kth _Rhonda_Sisic ‘Witness(age 12 of 22) ‘State of North Carolina County of Durtam ake BookISEt PagediT Page 12 3EVEN FIVE ONE INVESTMENTS, LLC 1, a notary public in and for the aforesaid county and ste, cetfy that F. Neal Hunter personaly (1) appeared before me this dey, (2) tated that he or se isa manager of Seven Five One Investments, LLC, a limited liabilty company organized and existing under the lnws ofthe State of North Carolin, (3) acknowledged tha the forogoing agreement withthe City of Duran carries on in the usual way the compazy’s busines, (4) acknowledged the due execution oft contract on bealf ofthe company and (5) apres tothe reauirements herein, ‘This the 3? My commission expires: 6-9/6. burs buske _ Wimese day of Spake, 2013 Wb. Notary Public My Commission Epos 2(age 23 of 20) wow BOOKTI64 PageaTe Pa JOHN A. MITCHELL, INDIVIDUALLY By: “Tok A Mitehal State of North Caroling County of Burkam Ware 1, a notary public in and forthe aforesaid county and set, certify that John A. Mitchell personally I) appeared before me this day, (2) acknowledged the foregoing agreement with the City of Duriam, (3) acknowledged the due execution of the contract on his own behalf and (4) agrees tothe requirements herein. Thisthe 37 day of Speke 20 23 My commission expires: “7-18 Eof 2p Book7364 - Pagjes79 "Page 14 of 21 APPENDIX A -PROJECT SPECIFIC PROVISIONS |. Water service shall be provided by extending he existing waterline in Fayeteville Road 16 connect it tothe existing waterline in NC 751 and extending waterlins ito the Property. ‘Water lines shall met all Cay Requirements incline but not limited to size. design standard Toop feed requirements (witha second fed requzed prior to exceeding the 100th Certificate of ‘Oscupancy), fie low requirements, and system needs. There shall be no City participation inthe cost, The Developer shall extend water lines through the Project to its boundaries as directed by the Cli to allow fr future extension, 2. Sewer service shall be provided x» flows: 1. by one or more onsite pump stations Which shal be designated as private or public atthe time of site plan review; 2. sewer force main ‘and gravity extensions ofthe existing sewer on NC 751; and 3. upgrades to the existing Stage Coach Pump Station and force main. All sewer Improvements, including size, location, and service area shall meet City Requirements. There shall be no City participation inthe cost, The Develooer shall extend sewer and easements thous the Project tots boundaries as directed by the City to allow for future extensions. The Developer shall acquire al offite sewer easements ‘The Developer may request Cty assistance in condemnation but, if proved, any acquisition shall beat the Developers expense inchuding resonable attorney fees and all other litigation expenses and cost 3. The City will mahe refunds to the Developer for vonsestions made by adjacent propsaty ‘owners fo the City street water and/or sewer lines serving property not being developed by the Developer in acerdance with City Requirements, These refunds willbe made tothe Developer far period of ten (10) years afer the completion ofthe water and/or sewer line. After ten (10) years have expire, charges made for connecting to the water andor sewer lines will ot be ‘efunded to the Developer. These refunds wil be in an amount equal to the frontage charge collected, not to exceed one-half the average cost 10 the Developer per linear foot of pipeline Installed 4. The Developer shall pay frontage charges at the prevailing rate to the City for any street frontages within of adjacent to the Project where the Developer does not install a City water or omer line. Theos frontage charges shall be paid to the City prior fo the ime thatthe Project water or sewer lines are constructed. 5, The Developer (consisting of Southern Durham Development, LLC, John A. Mitchell individually and Seven Five One Investments, LLC) will sign and collectively submit and raintain a valid annexation petition up and until September 30, 2013 as a condition of the cffectivenes ofthis Contract. The Cay shall pass a resolution requesting an amendment by the North Carolina General Assembly ("General Assembly") to Section 2.3 ofthe City’s Charter to permit annexation ordinances 10 be made effective on any specified date within tn (10) years fiom the dete of passage of the annexation ordinance (“Amendment”). The Developer will support the Amendment and the Developer waives the right to challenge in any court of law the City’s passage ofan annexation ordinance, tht delays the annexation effective date beyond theeage 15 of 21) (@) years into the fire, on the basis thatthe annexation ordinance was approved by City CCouneil prior othe Amendment's enactment into law.erage 16 of 2 Book7364 Pageset Page 16 oF 21 APPENDIX B~ ADDITIONAL COMMITMENTS In addition to the commited cements in the 751 Assemblage development pla, approved by Darham County on August 9, 2U10 mn Zoning Map Case No. 2080003, cel agrees to widen NC 751 fom Massey Chapel Road to Renaissance Parkway (ecinater the “Renaissance Parkway Segment”) to & four-lane faciity with lel-lum lanes provided at the Eagle View Deve and Massey Chapel Rad intersections in scordance wilh NC. Depatnert of Transporation requirements and sandards The widening wil consist of aig adetionel roribound and soubbound tha anes stating south of Masey Chapel Rosa where widening improvements reaured ofthe Southpoint Trails development ends and endig atthe four‘ane divided cross section ear Renaissance Parkway. Median width and ‘ype may vary in this Segment of NC 751 depending upon the svalabiliy of righcoF way and where variations in design are sceepuble to both the Cy and NCDOT. All ensting sidewalk assumed to be ‘cable and will ot be emeaved or replaced unless required to be removed or aduted to provide ‘he necesaryroae WieningImproverens. New stewalk Wile const tol gaps Wann the widened sepmet and to replace sidewalk removed fo construction othe project ‘The Developer and the City sree ta! the Developer's duty o const the Renaissance Parkway Segment shall bzome binding upon the Developer when the proeced peak hour ste generated tfc iereases 1 1000 veils per hour (110% of oud capac). The Developer ‘Sal compete consrction othe Renawanee Parkway Segment wihin two years fom the da thatthe TOD vekicles per Hour tvestol! is reached or when the projected peak hou ske- senerated afi inceass to 1501 vehicles pe hour (123% of rad capacity), whichever occurs fit. Developer shall be ened to time credit for deays outs ofthe Developer's contol, such as Cy or NCDOT repustory approvals oF right of way acaustion. The aibrementoned traf increase and road capacity calculations wil be detemined with «Tei Inpact Phasing ‘Analyte dy prepared and submited bythe applicant wit he plan appiaton. The sad willbe prepared in accordance wth the City's established TTA requirements and utilize the lest ‘elton ofthe ITE Trip Generation Marval. The stady will ue the tip directional dtrbution senages, psy tp reductions and intemal eaptre as eleven the projec TTA dated February 18,200 “Fue Renaissance Parkway Sesment wil be dexiened in ecordance with NCDOT desian standards Developer shal be discharged from the responsibility to wider any ponion ofthis Segment which ansther developer har proffered to the Cay of Durum, ori finde by NCDOT through « mutually adopted MPO-Sute Transporation Improvement Progam. All necessary Tigh-ofway for the Renaissance Pakway Segment sll be obtained by Developer. The City wl asst the Developer in condemnation, if neces, but any acuistian shal be st the Developers expense inching ecesonable attorney feee and all ther ligation expenses andage 7 ot 2) oe “BOORTSEA = PageseT Page 17 OF 2 LAW OFFICES OF J. CALVIN CUNNINGHAM FOUR TUNDRED TEN NORTH BOYLAN AVENUE RALEIGH, NORTH CAROLINA 2403 ‘eLeon (21 MAIL gems September 6, 2013 ‘Ms, D. Ann Gray, MMC Clerk ofthe City of Durham Office ofthe City Clerk 101 City Hall Plaza Durham, North Carolina 27701 Re: Notice to City Council for Municipal Services and “Agreement to Utility Extension Agreement Dear Clerk Gray: Southem Durham Development, LLC, Seven Five One Investments, LLC and Jotun A. Mitchell, individually (collectively the *Property Owners”) provide this notice (the “Notice” othe Durham City Couneil to exercise the provisions of Section | of N.C. Session Law 2013-386 (effective August 23, 2013)(0 be codified in part at N.C. Gea. Stat. § 1608-328(a) (the “Session Law’) for municipal services from the City of Durham, “The municipal services obtained pursuant to this Notice und the Session Law are Durham City ‘water and sever. ‘The Property Owners submitted a Petition for Voluntary Annexation and associated supporting imatenals (ine “Peston 10 the Clerk's OMIce ou May 13, 2015. Te Feitvn ail a negated ‘proposed Utility Extension Agreement ("UEA") were calendared on the May 23, 2013 work session agenda and voted atthe June 3, 2013 regular meeting of the Dutham City Council, The consolidated Agenda Iter #24 (PR#925) failed by a vote of 3t0-4, [Attached with this Notice is the UEA considered and voted on Tune 3, 2013. It has been ‘executed by the Property Owners (defined as the Developers therein). Pursuant tothe Session Law, by virtue ofthis Notice and the attached signed UEA, the Property Owners agree to all of the requirements in the UA. “The “Pffective Date” at paragraph 2 of page 2 ofthe UEA has been preempted, in part, by the Session Law. The grant of water and sewer services is effective upon the Property Owners’ giving this Notice and agreeing in writing to the UEA. Otherwise all other conditions of paragraph 2 of page 2 of the UEA have been satisfied, fo wit: the Amendment to Durham City's 1ages03 Page 18 of 21 ‘Charter Section 2.3 was enacted in the Session Law, and the Session Law enacted the annexation cof the Property Owners’ propertis, effective June 3, 2023. If the Cty of Durham has a different interpretation ofthe conditions to satisfy the Session Law, the effectiveness ofthis Notice or the Property Owners’ agreement tothe requirements ofthe EA, please indicate with a weitten ceply within ten (10) days ofthe date ofthis Notice. ‘Thereafer in acenrdance with paragraph 17. nage § af the IEA, the Property Comers record the UEA and this Notice in the Durham County Registry and rely on its effectiveness Please contact me with any questions or concerns. Sincerely, Notice and Agreement To Unilty Extension Agreement: ‘outhern Durham Devslopmont, LUC bby; Joan A. Mitchell, Manager Seven Five One Investments, LLC BEF. Agaldle Attachment: Signed Utility Extension Agreementage 29. of 23) ~~" Book7364- Pageser Page 19 of 3 ‘STATE OF NORTH CAROLINA COUNTY OF DURHAM In Re: Notice to City Council d fix Municipal Servcesand Agwsment —)——_ Aidit of Service of Notice to Utliy Extension Agreement } J. Calvin Cunningham I, frst being duly sworn, deposes and says that he isthe attomey for Souther Durham Development, LLC, Seven Five One Investments, LLC and John A. Mitchell (collectively the “Property Owner"); that N.C. Gen, Stat, § 1604-328 (as amended by Session Law 2013-386, effective August 23, 2013) authorizes the Property Owner to give notice to 2 municipal governing board within sixty (60) days to acquire municipal services; that pursuant to that authority, the Property Owner provided said Notice to City Council for Municipal Services and Agreement to Utility Extension Agreement (the “Notice”), that in ‘conformity with N.C. Gen. Stat § 1A-1, Rule 4((S), the Property Owner provided said Notice, ‘certified mail, erum receipt requasted, and addressed as follows, to Ms. D. Ann Gray, MMC leek ofthe City of Durham Office ofthe ity Clerk 101 City Hall Plaza Durham, North Carolina 27701 ‘The Property Owners deposited said Notice with the U.S. Postal Service as Article [Number 701% 0600 0001 1482 764, on September 6, 2013; (2) the Notice was received as ‘evidenced by the registered receipt (green in color) on September 9, 2013; (3) thatthe genuine ‘he original Affidavit in this matter receipt i attached as Exhibit “A”(rage 20 of 20 “Book7368 - Pagese Page 20 of 7 ‘The purpose of this AiMidavitis to show compliance with N.C. Gen. Stat. § 160A-328 (as amended by Session Law 2013-386, effective August 23,2013). This the 20 day of September, 2013. Eighteen South Main Street Lexington, North Carolina 27292 Telephone: (336) 249-7731 Facsimile: (336) 249.6339 Swot ad abscibed before me ad dayof September 2013 ‘his th iCelvin Cunningham I (NC. Bar No, 27216) Attorney for Property Owners(rage 22 of 2) Book7362- Paged8s Page 21 of 21 ~ EXHIBIT " ATTA ‘TO AFFIDAVIT RELATING TO NOTICE BY CERTIFIED LE Date OPE He Cty ek SS lr Coty He Pann pect ene Peete, we 77S at aT USE IClAL pple Lt 695 HA Pte