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1986-04-07 RM Exhibits , ,. . '!, ?-<eolo ~ ~/ , 'Z0,J. .~ I~(}L I' Xtc, ,g~~ ~ L '-I--v ~~ &" . - Andrew H. Harriss, Jr. 2606 Arden Road , Wilmington, NC 28403 I j (919) 763-6331 I . ~ I : MeYlM)/ i I -rvv..&."1-~ ~ \ ~ l'vv-..;A--<. il "rJ?O~ ~ 0u.}. ~/~fQJ ~ . ~ Lu-t~ .~I <-. 1 ~~~ ~:~-~ ~ ~ ~ ~vi4-.L ,i~ 1J~ ~~ ~-J--~( ~ J;~~,T~t-L5 ""ie..", ,a.:'~l~ :J:4 w ~~ ~. ~~, 7L .)"".,..;\, ~~ ~/ctl3 ~\:h~~~~~ e ~', - "~~9.- ~ i:. ~ ~ i)lv -J. ,'. c:p-. I ~t ~ 0 Jr G,.. '-"-'-"- ~c'i~S ~,.~~ ~e- + ~eLk. )- ~ ~ J~~~~&;~J~~~t ~ I O~\~'~~~/~I I ~~~~~C~ . ~ .H/ ~ "". - - - J) ~ ~ ~ ~ ~ ~ i r . -, r' . -, . . ~ I,~~. ... .... _.._._____._____ ~!: C ~ ~-evL\ ~,-t::;- ~... 00,-0., ~r Q- '~ ~ Jl-(..~ ~ ~,.~ '~ ~ ~/D/'A''''' ."L..........~ '. .1-':'0 iL. \'. " 'f' ~ ; 4P.~ e :~~~. . ., . '. :j.- ~ ~(p.-C.~ ~.. ctvU18S ~ tv ~ cr ~~ ~oM,l~. i .. ~ ~/~~~ , ~~-t::-~... ~ . e ,.. i. ~/ I I I I I I I I I I ,'1 I I I I I ,I ~ WHEREAS, a Performance Measurement Advisory Task Force was established by the County Commissioners to develop methods to evaluate and assess the performance of County departments and agencies with which the County contracts; and WHEREAS, the initial assignment' of this task force is to examine all agencies which provide services to juveniles and make recommendations regarding the consoli- dation of these services; and WHEREAS, the County Commissioners have set April 30, 1986, as the completion date for the project; and WHEREAS, a committee composed of human service agency directors and citizens would be able to gain a better understanding of the human service programs than the Perfor- mance Measurement Advisory Task Force and be better able to eliminate duplicate funding of programs, thereby providing a more efficient operation of human service programs; and WHEREAS, the agencies being examined are complex and a meaningful review of their programs is not practical with the established time frame. NOW, THEREFORE, BE IT RESOLVED: That a commi t tee composed of five non-voting members representing the Director of Social Services, the Director of Southeastern Mental Health, the Director of the Health Department, the Executive Director of the United Way, the Superintendent of Schools and seven citizens, with one vote each, serving staggered terms be established to recommend distribution of a predetermined amount of funding designated by the County Commissioners for human service non~county agencies on a yearly basis. BE IT FURTHER RESOLVED: That the Committe will also make recommendations to the County Commissioners on State Community Based Alternatives Funding, thus phasing out the present Community Based Alternatives Task Force. This resolution was adopted by the Performance Measurement Advisory Task Force this 1'1-1" day of March, 1986. - ~~ B. D. Schwartz Chairman .. .:" . ,. ".; ....................................................................................~....................... .~~ e i .-.. ~ , 1,~, . , . . . . . . . . . . . . . iJJonrb of QtOU1111iss ioutrs N.ew 3J{ull0U.er (!tUU1lln iLttB n lulioll \,. <. " " WHEREAS, Governor Martin has proclaimed April as -Clean-up North Carolina MonthW and~ WHEREAS, Governor Martin has also designated April 20~ 26th, 1986, as -Ke~p,America Beautiful Week- in North Carolina and~ WHEREAS, New Hanover County's Clean Community Commission has dedicated itself to cleaning up New Hanover County every month of the year and~ WHEREAS, New Hanover County is' the most beautiful County in .the State of North Carolina~ NOW, THEREFORE, BE IT RESOLVED: the the month of April be designated -Clean-up New Hanover County Month- and, " . ~: '. /. .' . . . BE IT FURTHER RESOLVED: that April 20-26, 1986, be designated as -Keep America Beautiful in New Hanover.County and that a copy of this resolution he forwarded to the Clean Community Commission expressing this Board's gratitude for the services they so generously donate to the citizens',of this._ County. ' ,;.....-:.~ t, _....~....n,.".. ~, '. ~~\;"l ~"bl' " - "-~ eUII:til1l4.V,,",. \~ "~\~ ,1: co.'" ',j, \ It. I ' .c.~, .l':) .. t l' ~\">\"'1!' . ,:.i;:' ) t i:i 5" . . '-'. ' f .I. .f'...." '. \ ".,t - J. \ \ \. \ . - /. . ,:: " \""._', \ : .. ",'" . -!l 1 ~:,-, . . . '--;:r,t,;{ I 7- ' =- ....-l ,~,''l: M',f"",'.l::i s... / ' ;, 'ii1' ',iI,' ~~: .,~ '- ,', :-'10,,';' f:;'.l-.,.. ....,\ s (} ~ ' .., "r.,of".. ..: /-. ' (; '1"10. ';"'.. "'!I.~~ ~_...._ "0" '~::=l:1I .....Q-~ "tho," ";l,~\,,' ...::~. . , '{ ',' \,1' __- , ~~ ~'~. ............................................. .'.... ... ....................................................... .' .. ~ " First Union Leasing Group Firsl Union Plaza, CORP-9, Charlotte, NC 28288 ~ 704/374-4900 ~ April 2, 1986 .. Mr. Andrew J. Atkinson Finance Director New Hanover County 320 Chestnut Street, Room 611 Wilmington, North Carolina 28401 . Dear Mr. Atkinson: We~are pleased to present our proposal for lease of equipment from First Union National Bank. The enclosed proposal exhibit contains additional information regarding this proposal and is incorporated herein by reference. If the terms are mutually satisfactory, they will be incorporated in a Lease Agreement which will be executed by the parties. The lease proposal is as follows: 1. LESSEE: New Hanover County, North Carolina 2. LESSOR: First Union National Bank or its nominee. 3. EQUIPMENT. LEASE TERM AND LEASE PAYMENT: See attached eXhibit(s). 4. TYPE OF LEASE: The lease will be a net lease whereby Lessee will be responsible for all expenses related directly or indirectly to the use of the equipment inclUding maintenance, taxes, insurance coverage, etc. Should this proposal be acceptable in principal, please sign and date the enclosed original of this letter and return it to us as an indication of your acceptance, together with the lease deposit, and three (3) year's FYE Financial Statements by the expiration date noted below. As is our standard practice, this proposal is subject to final approval by our Pricing and Credit Convnittee. We appreciate the opportunity to present this proposal and look forward to your favorable acknowledgement of this letter. In the meantime, we would be pleased to receive any Questions or convnents that you may have. Sincerely, ACCEPTED PROPOSAL EXHIBIT NO. ( Sea 1 ) NEW HANOVER COUNTY. NORTH CAROLINA By: David G. Fischer Leasing Officer Title Date: THIS PROPOSAL SHALL EXPIRE ON TO THAT DATE. MAY 2. 1986 UNLESS ACCEPTED BY LESSEE PRIOR nnST UNION LL:ASING Gnoup: First Union National Ban,/First Union COfTlInerClat Corporation PROPOSAL EXHIBIT (NO.1) The terms of this Proposal Exhibit are incorporated by refer~nce within the Proposal letter dated April 2. 198~~ 1. TYPE OF EQUIPMENT: Vari~us Equipment , I cJ.'1g; 000 2. ANTICI PATED EQUIPMENT COST: - ApproximatelY'$l, 71 S, 000- f 3. EQUIPMENT lOCATION: Wilmington, North Carolina 4. ANTICIPATED DELIVERY DATE: Second Quarter, 1986 5. lEASE TERM: Five (5) years 6. lEASE PAYMENTS: Twenty (20) quarterly payments, in arrears, each calculated at a floating rate of 60% of prime. This rate will be adjusted quarterly based on First Union's prime rate as announced from time to time. There will be a floor of 8.5% to a cap of 16.0% on the prime. Based on today's prime of 9%, the rate will be 5.4% with a lease factor of .057388. 7. PURCHASE OPTION: Zero at end of lease term. 102% of remaining principal at any time during term. 8. TITLE: Title to the equipment will pass to th\ lessee on the acceptance date. Title will remain in lessee's name so long as all payments in the agreement have been made. 9. NONAPPROPRIATION/TERMINATION: The lease provides that lessee is to make reasonable efforts to obtain funds to satisfy the obligation in each fiscal year. However, the lease may be terminated without penalty in the event of nonappropriation. In such event, the lessee agrees to provide an attorney's opinion confirming the events of the nonappropriation and Lessee's exercise of diligence to obtain funds~ The lease provides that .'if the lease is terminated, lessee is precluded from replacing the equipment with equipment or service to perform a similar function. 10. TAX STATUS: This proposal is subject to the lessee being qualified as a ~ \, \. governmental entity or "political sub-divisionn within the meaning of ~ J ~~~ Section 103(A) of the Internal Revenue Code of 1954 as amended. Lessee ~ ~~ ~ ~agrees to cooperate with Lessor in providing evidence as deemed necesary ~ b or desirable by Lessor to substantiate such tax status. . 11. LEASE DEPOSIT: The Lessee will be required to remit a deposit equal to one percent (l%) of the equipment cost upon acceptance of the proposal. If a commitment from the Lessor is not received within thirty (30) calendar days this deposit shall be returned to Lessee. Upon acceptance of a commitment and execution of the documents the deposit (without interest thereon) will be applied on a pro rata basis to the first month's rent. If the commitment is issued on substantially the same terms and conditions as outlined in this proposal and is not accepted by Lessee by the commitment acceptance date, Lessor shall retain deposit. -- Exhibit 1 .page 2 12. EXPENSES: Expenses associated with the preparation of all documents, except those of your counsel, will be paid by First Union or its nominee. Any expenses associated with the revision of the basic lease documentation which would require the use40f outside counsel will be paid by Lessee. 13. RATE INDEMNIFICATION: Lessee shall indemnify. Lessor so that if there is a change in the tax rate of the Lessor because of a change in the tax codes, the payment on the lease shall be adjusted so that the Lessor shall enjoy the same yield that was originally contracted. " ~ .. o slCfJ.h-- /)/-.1 -er# [j) uJ4jjf IN @ j('o-citj sJ~ @ (/11 /S (j) J-;bra-y il,A- &y i-f rw 11~ r/~ hAIL' ~~ . ?, -z.,.-;-' ~ . ~ I I _I" . .' .) I '" U 0 '%67/ {)C'O ~,( t!o J 97/ yCJ 7 y-i; rY/l ---- ~ il~ IS', nA . ~'. S",.<rH> j-.( />V ru-, .. J co i, rr-.:>,. . (6Jt1rl .~,..' I~~ .3,,/ n-> t{ ( tnJ.:> f'~ ~ II # . . ~:,:: ~ff'(~ .' . ,'. ,. . , . '1:' ,. , . .. ,.., ,.." ,'J. """ " '.. '..," >, ';l~.:.; ::"<:;'.6;::,:~, '1~;\'''' ";i,;",~~;",~":!,'A:;:!~v:.~;,:".:....,,,,;:~ 05,51 Y CERTIFICATE OF RESOLUTIONS AND INCUMBENCY I, , do hereby certify that I am the duly elected or appointed and acting Secretary/Clerk of New Hanover County, a political subdivision or agency duly organized and existing under the laws of the State of North Carolina (the "County"), and the following resolutions have been presented to and duly adopted by the County Commissioners at a meeting duly and regularly held and convened in accordance with applicable law on the ____ day of 19 WHEREAS, the County has entered or is entering an Equipment Lease/ Purchase Agreement dated September 1, 1983, and a Commitment Letter dated April 2, 1986, with First Union National Bank; NOW, THEREFORE, be it RESOLVED that the Agreement and Letter be, and is hereby approved and that the action of the official or officials of the County in signing the Agreement and Letter on behalf of it be, and is hereby, ratified, confirmed and approved; and be it further RESOLVED, that an official of the County be, and is hereby, authorized, empowered and directed to sign on its behalf the Agreement and any addenda, schedules, notes, UCC financing statements or other instruments issued under the provisions of the Agreement and any other instrument or document which may be necessary or expedient in connection with agreement upon or fulfillment of the provisions of the Agreement. RESOLVED, the individual(s) named below are the duly elected or appointed officers of the County holding the offices set forth opposite their respective names. I further certify that (i) the signatures set opposite their respective names and titles are their true and authentic signatures and (ii) such officers have the authority on behalf of the County to enter into all documentation connected with the Equipment Lease/Purchase Agreement. NAME TITLE SIGNATURE G. Felix Cooper County Manager Andrew J. Atkinson Finance Director TN WTTNESS WHEREOF. I have duly executed this certificate and -t .! .. ,- RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, the Board of Commissioners of New Hanover County determines that it is necessary and in the public interest to acquire certain real property owned by B & D DEVELOPMENT CORPORATION for the public purpose of providing and maintaining an airport; and WHEREAS representatives of New Hanover County have been unable to acquire the needed property by negotiated convey;ance; NOW, THEREFORE, BE IT RESOLVED as follows: 1. New Hanover County shall acquire by condemnation, for the publ ic purposes above stated, the property descr ibed as follows: A tract designated as Tax Parcel No. 42-00-001-024, fronting on North Kerr Avenue. 2. The New Hanover County Attorney is directed to institute the necessary proceedings under Chapter 40A of the North Carolina General Statutes to acquire the property herein described. ADOPTED this ;1~ . day of ~__' 1986. ,,..IIIOIDB'II., ~\I~\I~ l\. N 0 V C b"",~ ",," ~,.r 'T C~.. ~....\ g,ecooooo(J 0...... ~ '\.... 00 0 v ~ ( C bo~ "'t- '\ . ~ ~~ 10 -< ': , I> .. " .. ~o .. .,. JJ uiJ: .: ~ "0 -- '~.';O ~ ,p ~ 0 ~PClUI"QJOo,~oo ~ ~, 0 oO"J CttOug.:a, 000 ~ $ ;. 1>)' 00""000 ,~~.... A T'l' E~.; I-i C A. R 0 \., \I~~"" 1I11"./UUDO\llllllle\l1l ...A...- Barfiel , Sr., Chairman County Commissioners ~ x/ y~~ Clerk " RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, the Board of Commissioners of New Hanover County determines that it is necessary and in the public interest to acquire certain real property owned by H. W. WILLIAMS and his wife, VIRGINIA C. WILLIAMS for the public purpose of providing and maintaining an airport; and WHEREAS representatives of New Hanover County have been unable to acquire the needed property by negotiated convey;ance; NOW, THEREFORE, BE IT RESOLVED as follows: 1. New Hanover County shall acquire by condemnation, for the public purposes above stated, the property described as follows: A tract designated as Tax Parcel No. 42-00-001-026, consisting of a 0.63 acre tract west of John Morris Road and a 0.228 acre tract between John Morris Road and North Kerr Avenue. 2. The New Hanover County Attorney is directed to institute the necessary proceedings under Chapter 40A of the North Carolina General Statutes to acquire the property herein described. ADOPTED this 7~ 1I110IlDDCUU,UU ~~II~II: p... N 0 V C :,u'uu" ~<I!; '(",' 'f {) ~~<~\ al'lOOr~Ooo C 4>(\I'o;S\': jifv' 000 . "00 0,\ ( COR~&f' . \ v-i-\ =; ~~--''i "* 0 1"-<. : :.. . G ~ : ~ ..: : ~ <> Iltf"{l': -:. A~ 00 _-'~ _...0 :: ., t': 0 ~lIiI'I'''II~r'.'' 0 ~ .... 0 000 "'Ovsi,...~" ~ ":, 'Pl' 00":0000 ~ ~...... A'rTEST /"'1, It C ARO\"\ ........ '" ~.... '..jJUBU...II~ o?-c;t; ~ day of ~ , 1986. Barfleld Sr., Chairman County Commissioners RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, the Board of Commissioners of New Hanover County determines that it is necessary and in the public interest to acquire certain real property owned by WILLIAM K. TRASK and ROBERT A. PI'rTMAN for the public purpose of providing and maintaining an airport; and WHEREAS representatives of New Hanover County have been unable to acquire the needed property by negotiated convey;ance; NOW, THEREFORE, BE IT RESOLVED as follows: 1. New Hanover County shall acquire by condemnation, for the public purposes above stated, the property described as follows: A tract designated as Tax Parcel No. 42-00-001-024-002, consisting of 1.0 acres bordered by North Kerr Avenue and a paved access road to the New Hanover County Airport. 2. The New Hanover County Attorney is directed to institute the necessary proceedings under Chapter 40A of the North Carolina General Statutes to acquire the property herein described. ADOPTED th i s 7' A day of ~ , 1986. ""..8.....'6 ""~~.!l!l~.j.\ NO V t J/'#;,,; (CO~~ 00 <El'\6b#.~ $'t,,7.o '0 c;..- ~ ~ 00 . 00 1--'\ = Q ~ ~~ .. tl ~ 0 Q :...... 10-<: = ~ :. . " ~ = · It\: = ':. 0 c:I.~:: -:,. A_ Qo _- '~.".O ~ ~ "'- 00~'1'aoI,t::... :: ATT~.Q:l\ 00 .If, 0 _ ~ I::i$!.o/j.. 000:<>000& ~ 'I. .... #"#88 It CAR 0 \,,\,.,.....0; ~.~.;~d/ Clerk ~ Barfiel , Sr., Chairman County Commissioners