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City manager outlines Halverson option amendment that would extend inspection window and add deed restriction
Summary
City staff told Rocky Mount council members the first amendment to the Halverson purchase option would extend the inspection period to 150 days and add a deed restriction limiting a grocery or supermarket on an adjacent tract; the item is on the city's consent agenda for the April 28 regular meeting.
The city manager told the Rocky Mount City Council Committee of the Whole that the first amendment to the Halverson purchase option agreement will extend the inspection period by 30 days, to a total of 150 days, and add a deed restriction on an adjacent parcel that would prohibit a grocery store or supermarket.
The amendment was placed on the consent agenda for the regular council meeting scheduled April 28. The city manager said the amendment "really does just 2 things. 1 thing is that it extends the inspection period by 30 days for a total of a hundred and 50 days now. And the second thing it does is it has us agreeing to impose a deed restriction on the adjacent tract of land, and that restriction would prohibit a, you know, grocery store or a supermarket." No formal vote or council action on the amendment occurred during the workshop discussion.
Council members asked whether the deed restriction would apply if the named tenant did not occupy the site or if a grocery later closed. A council member asked, "Would that restriction be applicable if, there was not a Publix at that site?" The city manager said the current language ties the restriction to the term of Publix's lease and indicated the restriction would lapse if the option is not exercised. He said the city could revise the drafting to clarify the restriction's duration if council wished.
The presentation did not include a vote tally or formal motion in committee; the item was described as placed on the consent agenda for the upcoming regular meeting. The staff summary provided at the workshop described two substantive effects of the amendment: (1) the inspection period extension, and (2) an agreed deed restriction on the adjacent tract limiting grocery/supermarket uses during the relevant term noted in the agreement.
The city manager said staff included a map with the materials showing the adjacent parcel and offered to answer further drafting questions at the regular meeting; no formal legal citations or ordinance numbers were presented in the workshop session. The city manager also told council members that the deed restriction language could be adjusted to reflect council's intent about duration and triggers for lapse.
