1986-04-07 RM Exhibits
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- Andrew H. Harriss, Jr.
2606 Arden Road
, Wilmington, NC 28403
I j (919) 763-6331
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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.
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B. D. Schwartz
Chairman
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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, " .
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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. '
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First Union Leasing Group
Firsl Union Plaza, CORP-9, Charlotte, NC 28288 ~
704/374-4900 ~
April 2, 1986
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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
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2. ANTICI PATED EQUIPMENT COST: - ApproximatelY'$l, 71 S, 000-
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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.
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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.
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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
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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~
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day of ~__' 1986.
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Barfiel , Sr., Chairman
County Commissioners
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Clerk
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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~
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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.
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Clerk
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Barfiel , Sr., Chairman
County Commissioners