All posts by Brooke

Our Latest Brokerage Assignment

York Properties is pleased to announce that it has been selected to provide landlord representation services for North Carolina State University. York is the exclusive leasing agent for more than 460,000 SF of office space on Centennial Campus and retail space on Hillsborough Street.

Centennial Campus offers much more than just office space; it also provides unique opportunities to partner with some of the brightest minds from industry, government and the academy.  The broker team working with NC State’s Real Estate and Development office includes John Koonce, Skipper Day, Robert Hoyt, Malcom Lewis and Julie Paul.

 

Market Insights – Fuquay-Varina, NC

In 1963, the town of Fuquay Springs, site of a hot springs renowned in the region, joined the neighboring community of Varina, crossroads of two timber rail lines. Thus, Fuquay-Varina was born and has become one of Southern Wake County’s fastest growing towns.

According to the US Census, the town has grown 68.3% from April 2010 to July 2019, with no slowing in sight. The estimated current population is more than 33,000 residents, with some 2,000+ housing units actively under construction and many more planned. The construction of the southern loop of 540 will continue to accelerate Fuquay-Varina’s growth and developers have taken notice. Several new major mixed-use developments, including Bengal Town Center and Bellchase, have recently been announced and will add 1,000,000+ SF of office and retail along with hundreds of residential units.

Boasting two charming historic downtowns, Fuquay-Varina retains a small Southern town feeling. However, its adjacency to Research Triangle Park and Raleigh with access to high-paying jobs and Wake County’s excellent school system, Fuquay-Varina is well poised for major growth.

Cape Fear Seafood Company Expands

Cape Fear Seafood Company out of Wilmington, NC was founded by Evans Trawick in 2008 and  built a loyal following serving fresh, local seafood in a welcoming and relaxed atmosphere. This proved a winning combination resulting in two additional successful restaurants in the Wilmington area. Evans then set his sights on franchising the proven concept and expanding into Raleigh.

Two long-time Cape Fear employees, Eddie Elliott and Matt Wivell, partnered to bring the restaurant concept to Raleigh.  York Broker, John Koonce, helped them find the perfect location on Spring Forest Road in North Raleigh.  Opening the doors in June 2019, the duo enjoyed nine strong months of breaking records and exceeding expectations.

Then the pandemic hit.

Governor Cooper ordered restaurant dining rooms closed on Tuesday, March 17.  Pivoting is 2020’s over-used word, but that is exactly what Eddie and Matt did – and quickly.  By Thursday, Cape Fear was down to 2 staff members: Matt was doing the cooking and Eddie was handling all orders and curbside delivery.  They furloughed their staff but continued to pay them …(Once they received PPP funding)

Loyal customers from their first nine months of operation patronized the restaurant and word spread about their providing takeout service before many other restaurants in the area.  By the third week of April their employees came back and they’ve continued to make it work through these unprecedented times (another 2020 overused phrase).

Hope really must spring eternal because Eddie and Matt just signed a deal to open a second location in Cameron Village.

When you visit any of their locations, you can expect a wide variety of seafood options from comfort-food Calabash-style platters to upscale chef-driven dishes.  The vibe of the restaurant is casual, come as you are.  Cape Fear wants to transport you to the beach and have a little something for everyone, offering $10 sandwiches and ½ price bottles of wine alongside seared Chilean sea bass and lobster risotto.

As for Eddie and Matt, they’re taking life one step at a time, working on building their brand in Raleigh, designing their Cameron Village restaurant and hopefully adding a third location before 2023.   Who knows, maybe one day Cape Fear Seafood Company will be the Carolinas’ answer to Legal Sea Foods that dominates much of the Northeast.

Union Special; One Year Old and Going Strong

Andrew Ullom, baker and owner of Union Special Bread set out to make edible nostalgia while still giving back to the community, and he is doing just that.

How did this all start? After attending culinary school where Andrew discovered a love of breads, he opted for a baking apprenticeship. His first bakery internship was at a bakery for a large hotel and his path was set. Eventually he became the executive pastry chef for Ashely Christensen. After seven years at AC Restaurants, Andrew decided it was time to realize his vision of a community-driven bakery and restaurant.

One of the biggest hurdles was getting it open. Hundreds of idea pitches followed by two years of planning and building finally made Union Special a reality in 2018.   Andrew’s original goal remains the same: to make an accessible gathering place with delicious familiar food that will lead to conversation and community building.

Flash forward, Union Special recently celebrated its one-year anniversary with a Birthday Dinner to benefit SAFEchild. With a huge turnout and the busiest day ever, Andrew says that it was a great testament of where the business will go.

An Interview with Jason Queen, Co-Founder of Transfer Company Food Hall

Transfer Company Food Hall has become a beloved gathering spot in downtown Raleigh.  Located just east of downtown in the old Carolina Coach Garage and Shop, it showcases local food and beer vendors.  The architecture is historic, the food delicious, and the vibe friendly and welcoming.

How has Transfer adjusted to life in a pandemic?

Obviously, we had to shut down for a while and now we’re open in a limited capacity.  However, we feel that food halls are well positioned with large dining spaces (ours is 15,000 SF), outdoor courtyards and 35’ ceilings.  Most restaurants have very limited inside capacity.  With 150 people in Transfer, it still looks quiet.   We also feel our strengths come from multiple offerings in a one-stop shop.  For those wanting take-out, we’ve been working on coordinating collective deliveries.

From an in-person dining standpoint, we’re seeing about half our normal population.  But, we’re here, maintaining our jobs and doing what we can.

What do you see for the future of Transfer? Any new additions?

The future looks bright.  We are a very community-focused business.  And, will continue to honor and celebrate our surrounding neighborhood.

Any new additions coming?

  • Behind the food hall, a three-story building is planned and getting close to breaking ground early next year. The bottom floor will feature Saxapahaw Grocery.
  • The ballroom has reopened for event rentals. Booking for 2021 has already started.
  • York exclusive scoop, Transfer Co Work Hall co-working space will celebrate its grand opening in September!

 

We’ve been hearing predictions lately that downtowners are moving to the suburbs to escape both density and unrest.  Your other company, Monarch Realty, sells properties in and around downtown.  What’s your take?

The walkability and lifestyle that downtown allows for is its unique competitive advantage.  This lifestyle can’t be replicated in the suburbs and makes downtown sustainable in the long term.  My prediction is that once we get a clear signal to reopen, downtown will come roaring back.

In terms of Monarch’s downtown activity, our sales are as strong as ever and in certain instances absorption is higher than ever.

Jason remains bullish.  Go visit Transfer Company Food Hall!

Top 5 Fall Preventative Maintenance Tips for Your Home

Labor Day weekend is quickly approaching and with it comes thoughts of cooler weather (Yay!), football tailgates (Eh…maybe not so much this year), and your home’s Fall preventative maintenance checklist (Right?!?).  Since we knew you’d be thinking about all this stuff soon enough, we thought we’d share York Maintenance Divisions’ top five Fall maintenance tips.

Yes, yes….we know there are actually eight tips listed here.  We got excited and couldn’t help ourselves, and “Top Eight Fall Preventative Maintenance Tips” just doesn’t have the same ring to it.  Thanks for humoring us.

  1. Check windows and doors for air leaks.

This is one of the easiest ways to save on winter energy bills and keep your house from getting cold. Make sure there are not cracks, leaks or air coming through the window sills or door frames.

  1. Clean your heating and air conditioning unit.

Having your air conditioner and heater units cleaned twice a year- spring and fall- will help your family stay healthier and expand the life of your units. A professional cleaning is inexpensive and takes a very short amount of time.

  1. Check your fireplace.

Many people still use wood burning or gas fireplaces in the winter. Do a visual inspection of your fireplace to make sure that it is in good working order. Give it a test run at some point in the fall, before it gets too cold, to make sure that it will be functioning in the winter.

  1. Clean gutters and downspouts.

Once most of the leaves have fallen, clean out gutters and downspouts. Clogged gutters during rainstorms can cause water to pool and damage your roof or siding.

  1. Protect your garden hoses and spigots.

To keep your garden hose from freezing and cracking, empty it completely and disconnect it from the spigot. Moving it inside is also a good idea to help prevent your hose from freezing and getting destroyed.

  1. Drain Sprinkler/Irrigation Systems.

Chances are you aren’t going to be using the sprinklers in winter. Water left in the system can freeze causing the pipes to crack and burst.

  1. Check your smoke detectors and carbon monoxide detectors.

Install new batteries every spring and fall.

  1. Inspect and Trim Tree Limbs.

Trim any tree limbs that are dangerously close to power lines or the roof of your house. Heavy snow and ice can build up and cause weak tree limbs to break and fall onto your house or vehicles causing damage.

 

Our Maintenance Team is on call and ready to help with residential or commercial maintenance projects.  Call or email us to discuss your maintenance needs at 919.863.0826 or maintenancerequests@yorkproperties.com.  We would love to hear from you!

Largest Corporate Philanthropists in Raleigh-Durham-Chapel Hill

Punching above its weight class, York Properties is proud to be featured on a list of the Triangle’s largest philanthropic companies with the likes of BCBS, Duke Energy, Wells Fargo and GlaxoSmithKline, among others.

Since our founding in 1910, York has fostered a culture of service – to both our clients and our community.   Chairman, Smedes York, and CEO, George York, have set high standards for volunteer engagement and deeply believe in giving back to the community that has given them the opportunity to do business for 100+ years.

Largest Corporate Philanthropists List

Onward Reserve Opens New Location in Raleigh after COVID-19 Delays

Lifestyle Brand Opens in Cameron Village with “Celebrate Summer” Giveaway

 

RALEIGH, N.C. (July 1, 2020) – Onward Reserve, a specialty men’s apparel and lifestyle brand, today announced the opening of its newest retail location at Cameron Village. This will be the 12th retail store for the Atlanta-based brand, which can also be found online and in partner retailers across the country. Onward Reserve Raleigh is located at 404 Daniels Street, near the intersection of Clark Avenue.

To commemorate the Raleigh opening, Onward Reserve is holding a “Celebrate Summer” giveaway. Any customer who shops in-store grand opening week (July 1 – 8, 2020) or enters the giveaway online will be entered to win a “Summer Essentials” gift basket from Onward Reserve.

The prize includes a $250 gift card to Onward Reserve, the brand’s signature Ranch Water cocktail cups and ingredients (Topo Chico and limes), an Onward Reserve North Carolina trucker hat, Onward Reserve beach towel, new Raleigh tee and Onward Reserve koozie. The giveaway can be entered by visiting the website here.

Onward Reserve, which was founded in 2012 by T.J. Callaway when he was just 26 years old, offers apparel ranging from tees featuring original works of art by accomplished artists, to tailored and performance sportswear, accessories, and footwear. Onward Reserve also boasts a curated selection of distinctive gifts, including barware, books and small leather goods.

“Creating authentic moments with family and friends is the inspiration behind Onward Reserve,” said T.J. Callaway, founder and CEO of Onward Reserve. “We already have a strong customer base online in the Triangle area and are thrilled to join the community in Cameron Village and for people to experience the Onward Reserve brand in-person.”

Onward Reserve partnered with celebrated local artist Anna Ball Hodge to help create an original painting of Raleigh landmarks to be featured on the back of the new Onward Reserve Raleigh tee. The scene celebrates the vibrancy of the city and the painting hangs prominently in the store.

Onward Reserve Raleigh will be managed by Raleigh native and NC State grad, Rachel Ferraguto. The store was originally scheduled to open in early April but was delayed due to COVID-19.

“I’m excited to introduce Onward Reserve to the Raleigh market, especially as it’s more important than ever to ‘shop small,’” said Ferraguto. “Our store is just up the street from my alma mater, so I can’t wait to be an active member of the NC State and larger Raleigh communities.”

Doors will open at 10 am on Wednesday, July 1, following the state guidelines for Phase Two of reopening, practicing social distancing measures in-store and adhering to CDC guidelines for sanitation measures. If preferred, customers may call ahead for curbside service and private shopping appointments are also available.

“In today’s climate, we want to meet customers where they are, serving them however they feel most comfortable to allow them to safely shop with us,” continued Ferraguto.

Onward Reserve Raleigh will be open 10 a.m. to 7 pm., Monday through Saturday, and 12 p.m. to 5 p.m. on Sunday. A surprise gift with purchase will also be given to customers who shop in-store during the two weeks of being open.

“Despite recent challenges, our continued growth online and expansion into Raleigh underscores that customers are looking for a brand that not only provides quality products but also an authentic and personal experience,” said Callaway. “We’re excited to celebrate our opening with the Raleigh community.”

For more information, visit www.onwardreserve.com and follow us on Facebook and Instagram for the latest updates and store happenings.

 

About Onward Reserve

Onward Reserve is a specialty men’s apparel and lifestyle brand headquartered in Atlanta, Georgia. The company was founded in 2012 by T.J. Callaway and strives to deliver a world-class retail experience with genuine hospitality. With a laid-back approach to luxury and unwavering quality, Onward Reserve creates products that can outfit gentlemen of all ages doing what they love – from a day at the office, to weekends spent fishing, hunting, golfing, boating or simply spending time with friends and family.

Onward Reserve has 12 retail locations: three in Atlanta; Athens, Ga.; Thomasville, Ga.; Charlotte and Raleigh, N.C.; Clemson, S.C.; Chattanooga and Nashville, Tenn; Dallas; and College Station, Texas. Additionally, the brand has significant online sales and wholesale business. For more information and to shop online, please visit www.onwardreserve.com and follow us on Facebook and Instagram.

About Onward Reserve Raleigh

Address: 404 Daniels Street, Raleigh, NC 27605         |        Phone: 919-615-3376         |        Manager: Rachel Ferraguto        |        Email: rachel@onwardreserve.com

NC Legislation Provides COVID-19 Liability Protection for HOAs

We are monitoring the passage of HB 118 and would like to share the following information from Jordan Price Law Offices:

“Several of you know that our firm has been closely monitoring and lobbying legislation which would provide liability protection for HOAs against COVID-19 claims arising from the re-opening of swimming pools and other association common areas.  We are pleased to report that on June 23rd the North Carolina General Assembly passed House Bill 118: “An Act to Provide Limited Immunity from Liability for Claims Based on Transmission of COVID-19”.   The bill is currently on the Governor’s desk and we are hopeful the law will go into effect by the July 4th holiday – we will keep you posted.

Unlike some specific legislation that was directed specifically to HOA swimming pools, this law will apply to all businesses and nonprofits across North Carolina, including HOAs.  After the effective date of the law, associations will not be liable as a result of ordinary negligence in any claim brought by someone who claims to have contracted COVID-19 while on HOA or condominium common areas.

While this law does give some reassurance for associations in light of the lack of available insurance coverage for claims related to pandemic, virus and disease, , associations should be aware that gross negligence, willful or wanton conduct or intentional wrongdoing is not protected under the new law.  A reckless disregard for following local and state guidance on reopening swimming pools or other amenities may very well fall into that unprotected category, so it is important for associations to be diligent about compliance with all state and local Executive Orders and decrees.  The law will require an association to “provide reasonable notice of actions taken to reduce the transmission of COVID-19 on the premises”, and once that notice is provided, the association will not be liable for the failure of individuals to follow the rules or guidance called for in the notice.  This provision in the law makes the posting and publication of detailed rules and guidelines extremely important in the association’s liability protection.  Please see our earlier advisements on the importance of posting notices and adopting new, specific and detailed pool rules for the 2020 season.

We have spoken to many boards in the last few weeks who made the fiduciarily responsible decision not to open swimming pools given the lack of insurance coverage.  Should you wish to reconsider your decision to open the pool, and assuming North Carolina remains in a reopening phase which allows same, please be sure to confirm that your notices and new pool rules will allow you to take advantage of the protections in this new law.  As always, we are available to answer any questions you may have.”

 Community Association Practice Group

Jordan Price Law Offices

HOA Virtual Annual Meetings

Below, our friends at Jordan Price Law Office provide insights into holding HOA meetings virtually.  For additional information or guidance from Jordan Price please see contact information at the bottom of the article.

“We are hearing from many of our clients that your focus is shifting to your annual meetings and how business can be conducted given the challenges of the continuing COVID-19 pandemic.  Unfortunately, all sources seem to indicate that a group membership meeting any time this year will be unlikely, either because of continuing gathering limitations by state or local order, or simply because social distancing is too difficult to achieve in a setting that might accommodate live membership attendance. As we have previously shared, Governor Cooper has, by Executive Order, encouraged all nonprofit corporations in the state to hold annual meetings by remote means (which would include all owners associations).  Specifically,  the order provides that any annual meeting that is held by “remote communication” be held in such a way that members shall have the right to participate by remote communication, “including with respect to the conduct of the business of such members’ meeting.”  Further, the order reaffirms the process of voting by mail ballot, which has existed under NC statute for years but was seldom used in the context of annual meetings.

 

We want to clarify that there are 2 components of a “virtual” annual meeting:  (1) voting and (2) meeting with opportunity for member participation.  Statutory laws in North Carolina have not yet evolved to authorize electronic  or online voting without specific authority in the bylaws, and the vast majority of HOA bylaws do not contain those provisions.  What this means is that your annual meeting official business—voting on open director seats, approval of minutes from the prior annual meeting, ratification of budgets, and any other matter on which a vote must be taken—is all conducted by mail ballot either before or after the virtual meeting, pursuant to Section 55A-7-08 of the NC General Statutes (the NC Nonprofit Corporation Act).  The virtual meeting can be used to provide committee/financial/board reports and perhaps quell any unrest on any major issues before election voting is to take place.  Alternatively, the ballots may be collected prior to the virtual meeting and announcement of election results provided at the meeting.  We would be happy to discuss which option might best suit your HOA.   In any event, there is no voting during the online meeting; all voting must be done by mail ballot pursuant to the statute.

 

Anticipating the need to address these virtual meetings, and recognizing that most associations do not have the budget for purchasing hosting software for what may be a one-off meeting, our Firm has procured software that allows interactive hosting of virtual annual meetings.  Several attorneys in the firm are trained to operate the software and host your meeting as a “virtual Parliamentarian.”  We have run through over a dozen of these with different HOA boards at this point, and the results have been very positive.  Some frequently asked questions on voting and how the virtual meeting would operate using this software are answered below:

 

  • No proxies are sent because all members vote by mail ballot
  • Quorum is established based on number of ballots received by a deadline date
  • Written meeting notice is sent with a web address for members to register individually for the virtual meeting
  • Board members, community manager and/or committee members can be set up as presenters to present financials and committee reports to the membership;
  • All members are muted and only the meeting host can unmute, eliminating the potential for unruly “zoom” type meetings
  • Boards can make the decision to limit questions to written format or for members to be recognized by the host to verbally address the meeting (most boards are choosing written questions)
  • Private chat function between presenters protects attorney-client privilege between legal counsel and board members during the meeting

 

We know many of you already have a backlog and will have questions about this process and how to get started.  Our own Matt Waters will address many of your questions next Friday, June 26th,  as a presenter for a CAI Virtual Annual Meeting Webinar – follow the link to register or learn more.

As always, please let us know if you have further questions or would like to schedule your annual meeting or other virtual meeting open to your membership.  Because only one meeting can be hosted in a particular time slot, early reservation of your date and time is recommended.”

 

Community Association Practice Group

Jordan Price Law Offices

919-828-2501 (Main) | 919-831-4484 (Fax) | www.jordanprice.com