2015-11-02 RM Exhibits Exhi
Boo�/X Page 1/1 /
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW
HANOVER, NORTH CAROLINA, APPROVING THE EXECUTION AND DELIVERY OF
AN ESCROW AGREEMENT AND AN AMENDMENT TO AN INTERLOCAL
AGREEMENT WITH THE CITY OF WILMINGTON RELATED TO THE COUNTY'S
2008 PARK BONDS IN CONNECTION WITH THE CITY'S REDEVELOPMENT OF THE
WATER STREET PARKING DECK
WHEREAS, the County of New Hanover, North Carolina (the "County"), issued $18,000,000
General Obligation Parks and Recreation Bonds, Series 2008(the "2008 Bonds")on June 17,2008;
WHEREAS, pursuant to an Interlocal Agreement dated July 18,2006 (the "Inter local")between
the County and the City of Wilmington,North Carolina(the "City"),the City agreed to fund debt service
on a portion of the 2008 Bonds to finance certain City Projects, one of which was acquisition of a portion
of the Water Street Parking Deck;
WHEREAS, the City has entered into a Memorandum of Understanding with East West Partners
Management Company, Inc. (the "Developer")to redevelop the Water Street Parking Deck;
WHEREAS, in order to maintain the tax-exempt status of the 2008 Bonds, the City plans to
defease and redeem a portion of the City's obligation with respect to the 2008 Bonds related to the Water
Street Parking Deck;
WHEREAS, in order to defease and redeem a portion of the 2008 Bonds,the County,as issuer of
the 2008 Bonds, must authorize such action and be a party to an escrow agreement. In addition, the
County and the City wish to amend the terms of the Interlocal to reflect the defeasance and redemption;
WHEREAS, there has been described to the Board of Commissioners the following documents
(collectively, the "Instruments"), copies of which have been made available to the Board of
Commissioners, which the Board of Commissioners proposes to approve, enter into and deliver, as
applicable:
(1) the Escrow Agreement dated on or about November 10, 2015 among the County,
the City and U.S. Bank National Association, as trustee, relating to the redemption and
defeasance of a portion of the 2008 Bonds;
(2) Amendment Number One to the Interlocal dated on or about November 10, 2015
between the County and the City, amending the terms thereof in connection with the defeasance
and redemption of a portion of the 2008 Bonds; and
WHEREAS, it appears that each of the Instruments is in an appropriate form and is an
appropriate instrument for the purposes intended;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF
THE COUNTY OF NEW HANOVER,NORTH CAROLINA,AS FOLLOWS:
Section 1 Ratification of Instruments. All actions of the County, the Chairman of the
Board, the Clerk to the Board, the County Manager, the Finance Director of the County, the County
Attorney and their respective designees, whether previously or hereinafter taken, in effectuating the
proposed redemption and defeasance, as applicable, are hereby approved, ratified and authorized pursuant
to and in accordance with the transactions contemplated by the Instruments.
Section 2. Authorization to Execute the Instruments. That the form and content of the
Instruments are hereby in all respects authorized, approved and confirmed, and the County Manager, the
Finance Director of the County, the Clerk to the Board, the County Attorney and their respective
designees are hereby authorized, empowered and directed to execute and deliver the Instruments,
including necessary counterparts, in substantially the form and content presented to the Board of
Commissioners, but with such changes, modifications, additions or deletions therein as they deem
necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of the
County's approval of any and all changes, modifications, additions or deletions therein from the form and
content of the Instruments presented to the Board of Commissioners, and that from and after the
execution and delivery of the Instruments, the County Manager, the Finance Director of the County, the
Clerk to the Board,the County Attorney and their respective designees are hereby authorized, empowered
and directed to do all such acts and things and to execute all such documents as may be necessary to carry
out and comply with the provisions of the Instruments as executed.
Section 3. County Representative. That the Chairman of the Board,the Clerk to the Board,
the County Manager, the Finance Director of the County, the County Attorney and their respective
designees, are hereby designated as the County's Representatives to act on behalf of the County in
connection with the transaction contemplated by the Instruments, and each is authorized to proceed with
the redemption and defeasance in accordance with the Instruments and to seek opinions as a matter of law
from the County Attorney, which the County Attorney is authorized to furnish on behalf of the County,
and opinions of law from such other attorneys as may be required for all documents contemplated hereby.
-£ The County's Representative and/or designee or designees are in all respects authorized on behalf of the
County to proceed with the transactions contemplated by the Instruments, the Chairman of the Board,the
Clerk to the Board, the County Manager, the Finance Director of the County, the County Attorney and
their respective designees are hereby authorized, empowered and directed to do any and all other acts and
to execute any and all other documents, which they, in their discretion, deem necessary and appropriate in
order to consummate the transactions contemplated by the Instruments or as they deem necessary or
appropriate in order to implement and carry out the intent and purposes of this Resolution.
Section 4. Severability. That if any section, phrase or provision of this Resolution is for any
reason declared invalid, such declaration will not affect the validity of the remainder of the sections,
phrases or provisions of this Resolution.
Section 5. Repealer. That all motions, orders, resolutions and parts thereof, in conflict
herewith are hereby repealed.
Section 6. Effective Date. The resolution was adopted by the following vote:
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Read, approved and adopted this 2nd day of Novembe ,2015.
By ".ge
Chaff .of the Boa • . ,• issio ers
JI4e44J�
Clerk to the Board
APPROVED AS TO FORM:
County Attorney
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STATE OF NORTH CAROLINA )
ss:
COUNTY OF NEW HANOVER )
I, Teresa Elmore, Clerk to the Board of Commissioners of the County of New Hanover, North
Carolina Do HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution entitled
"RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH
CAROLINA, APPROVING THE EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT AND AN
AMENDMENT TO AN INTERLOCAL AGREEMENT WITH THE CITY OF WILMINGTON RELATED TO THE
COUNTY'S 2008 PARK BONDS IN CONNECTION WITH THE CITY'S REDEVELOPMENT OF THE WATER
STREET PARKING DECK"adopted by the Board of Commissioners of the County of New Hanover,North
Carolina,at a meeting held on the 2nd day of November,2015.
WITNESS my hand and the corporate seal of the County of New Hanover,North Carolina,this the
2nd day of November,2015.
^0411' b�
9 Teresa Elmore
0 i
Clerk to the Board of Commissioners
I *OA-% County of New Hanover,North Carolina
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Exhibit
Book,(BookiRCMA Page Pi 2
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
DISPOSAL OF 2005 FORD EXPEDITION
WHEREAS, New Hanover County Sheriff's department owns a 2005 Ford Expedition that is no longer
functional for governmental purposes by the County; and
WHEREAS, the referenced property has been replaced with a more fuel efficient vehicle according to the
County's replacement policy covering certain equipment;and
WHEREAS,New Hanover County Board of Commissioners is desirous of declaring this property surplus and
disposing of as authorized by North Carolina General Statute(NCGS) 160A-Article 1 2; and
WHEREAS, it is the intent of the County to sell said surplus property by electronic public auction according
to the procedures prescribed in NCGS 160A-270(c) which authorizes the disposal of personal property
electronically using an existing private or public electronic auction service; and
WHEREAS,items not sold by electronic means will be disposed of using any other method authorized in the
NCGS 160A-Article 12 including discarding the items.
NOW,THEREFORE,BE IT RESOLVED by the New Hanover County Board of Commissioners:
1. That the 2005 Ford Expedition be declared surplus property.
2. That the Finance Director's designated representative,pursuant to the provisions of G.S. 160A-270(c),
is hereby authorized to dispose of the personal property.
3. All surplus property will be sold"as is",all sales will be final.New Hanover County makes no express
or implied warranties of merchantability of any surplus property,or part thereof,or its fitness for any
particular purpose regardless of any oral statements that maybe made concerning the surplus property
or any part thereof.
4. That County staff is directed to process any required documents to complete the transaction.
5. A notice summarizing this resolution and the sale of the surplus property shall be advertised on the
County's website at least ten(10)days prior to the electronic auction.
ADOPTED this the 2nd day of November,2015.
,\NTY•`Vo NEW -t OVER COUNT
F Go k k�
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...�,= az J- i athan B.,d, Jr., • ...man
F�ABLIS�jEO
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Teresa P. Elmore, Clerk to the Board
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i Exhibi
Book�Page )7,13 COPY
GovNTY•4, NEW HANOVER COUNTY Jonathan Barfield,Jr.
BOARD OF COMMISSIONERS Chairman
4`4Y Iy Beth Dawson
2 4II n 230 GOVERNMENT CENTER DRIVE, SUITE 1 75 Vice Chairman
< WILMINGTON, NC 28403 Woody Why
_ OA% \, O Commissioner
_ (91 O)798-7149
t 2 (91 O)798 7145 FAX Skip Watkins
It I I/1 "a WWW.NHCGOV.COM Commissioner
Rob Zapple
'FS `'� Commissioner
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November 2, 2015
Mr. Braxton Davis, Director
NC Division of Coastal Management
400 Commerce Avenue
Morehead City,NC 28577
Dear Mr. Davis:
Please accept this letter of support for the extension of the boardwalk at Carolina Beach from New
Hanover County, North Carolina. The New Hanover County Board of Commissioners approved funding
on August 19, 2013 to improve and expand the boardwalk. The project has the support of our Board and
we encourage a favorable decision in the permitting process.
Please contact us if we may provide additional information for your consideration.
Sin ,-ly, ,///'
I
o I athan : . el d, Jr.
Chairman
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